[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3488-S3618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 392. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. ___. PROHIBITION ON INCREASE IN COST-SHARING
REQUIREMENTS UNDER THE TRICARE PHARMACY
BENEFITS PROGRAM FOR CERTAIN BENEFICIARIES
UNTIL THE COMMENCEMENT OF A PILOT PROGRAM ON
PRESCRIPTION DRUG ACQUISITION COST PARITY.
Section 1074g(a)(6) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) Notwithstanding subparagraphs (A) and (B), the cost-
sharing amounts under this subsection for an eligible covered
beneficiary who resides more than 40 miles from the nearest
military medical treatment facility shall be equal to the
cost-sharing amounts, if any, for 2017 until the date on
which the Secretary of Defense commences the conduct of the
pilot program on prescription drug acquisition cost parity in
the TRICARE Pharmacy Benefits Program authorized by section
743 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 10 U.S.C. 1074g note).''.
______
SA 393. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. ___. PROHIBITION ON INCREASE IN COST-SHARING
REQUIREMENTS UNDER THE TRICARE PHARMACY
BENEFITS PROGRAM FOR CERTAIN BENEFICIARIES.
Section 1074g(a)(6)(C) of title 10, United States Code, is
amended--
(1) by striking ``or a dependent'' and inserting ``a
dependent''; and
(2) by inserting ``, or an eligible covered beneficiary who
resides more than 40 miles from the nearest military medical
treatment facility'' after ``such chapter''.
______
SA 394. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. ___. PERSONNEL TEMPO OF THE ARMED FORCES AND THE UNITED
STATES SPECIAL OPERATIONS COMMAND DURING
PERIODS OF INAPPLICABILITY OF HIGH-DEPLOYMENT
LIMITATIONS.
(a) In General.--Section 991(d) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Whenever a waiver is in effect under paragraph
(1), the member or group of members covered by the waiver
shall be subject to specific and measurable deployment
thresholds established and maintained for purposes of this
subsection.
``(B) Thresholds under this paragraph may be applicable--
``(i) uniformly, Department of Defense-wide; or
``(ii) separately, with respect to each armed force and the
United States Special Operations Command.
``(C) If thresholds under this paragraph are applicable
Department-wide, such thresholds shall be established and
maintained by the Under Secretary of Defense for Personnel
and Readiness. If such thresholds are applicable only to a
separate armed force or the Under States Special Operations
Command, such thresholds shall be established and maintained
by the Secretary of the Army, the Secretary of the Navy
(other than with respect to the Marine Corps), the Secretary
of the Air Force, the Commandant of the Marine Corps (with
respect to the Marine Corps), and the Commander of the United
States Special Operations Command, as applicable.
``(D) In undertaking recordkeeping for purposes of
subsection (c), the Under Secretary shall, in conjunction
with the other officials and officers referred to in
subparagraph (C), collect complete and reliable personnel
tempo data of members described in subparagraph (A) in order
to ensure that the Department, the armed forces, and the
United States Special Operations Command fully and completely
monitor personnel tempo under a waiver under paragraph (1)
and its impact on the armed forces.''.
(b) Deadline for Implementation.--Paragraph (2) of section
991(d) of title 10, United States Code, as added by
subsection (a), shall be fully implemented by not later than
March 1, 2020.
______
SA 395. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 835. ESTABLISHMENT OF NATIONAL TECHNOLOGY INDUSTRIAL
BASE QUADRILATERAL COUNCIL.
Section 2502 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) National Technology Industrial Base Quadrilateral
Council.--(1) The chairman of the National Defense Technology
and Industrial Base Council shall work with the equivalent
designees in the countries that comprise the national
technology industrial base to form the National Technology
Industrial Base Quadrilateral Council.
``(2) The National Technology Industrial Base Quadrilateral
Council shall meet biannually to harmonize respective
policies and regulations, and to propose new legislation that
increases the seamless integration between the persons and
organizations comprising the national technology and
industrial base.
``(3) The National Technology Industrial Base Quadrilateral
Council shall--
``(A) address and review issues related to indus- trial
security, supply-chain security, cybersecurity, regulating
foreign direct investment and foreign ownership, control and
influence mitigation, market research, technology assessment,
and research cooperation within public and private research
and development organizations and universities, technology
and export control measures, acquisition processes and
oversight, and management best practices; and
``(B) establish a mechanism for National Technology
Industrial Base Quadrilateral Council members to raise
disputes that arise within the national technology industrial
base at a government-to-government level.''.
______
SA 396. Mr. HAWLEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 12__. REPORT ON IMPROVEMENTS TO DETERRENCE EFFORTS WITH
RESPECT TO THE RUSSIAN FEDERATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Commander of the United States
European Command shall submit to Congress a report detailing
efforts to improve the ability of the Armed Forces and North
Atlantic Treaty Organization forces to deny the ability of
the Russian Federation to execute a fait accompli against one
or more Baltic allies.
(b) Matter to Be Included.--The report under subsection (a)
shall identify prioritized requirements for further improving
the ability of the Armed Forces and North Atlantic Treaty
Organization forces to deny the ability of the Russian
Federation to execute a fait accompli against one or more
Baltic allies.
(c) Form.--The report under subsection (a) shall--
(1) be submitted in classified form; and
(2) include an unclassified summary appropriate for release
to the public.
(d) Fait Accompli Defined.--In this section, the term
``fait accompli'' means a scenario in which the Russian
Federation uses
[[Page S3489]]
force to rapidly seize territory of one or more Baltic allies
and subsequently threatens further escalation, potentially
including use of nuclear weapons, to deter an effective
response by the Armed Forces and North Atlantic Treaty
Organization forces.
______
SA 397. Mr. HAWLEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XVI, insert the
following:
SEC. 1668. REPORTS ON OPERATION OF CONVENTIONAL FORCES UNDER
EMPLOYMENT OR THREAT OF EMPLOYMENT OF NUCLEAR
WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Air Force,
the Secretary of the Army, the Secretary of the Navy, and the
Commandant of the Marine Corps shall each submit to the
congressional defense committees a report detailing the
measures taken by the appropriate Secretary or the Commandant
to ensure the ability of conventional forces to operate
effectively under employment or threat of employment of
nuclear weapons by the United States, an ally of the United
States, or an adversary of the United States.
(b) Form of Report.--Each report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
______
SA 398. Mr. HAWLEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. REPORT ON IMPROVEMENTS TO DETERRENCE EFFORTS WITH
RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Commander of the United States
Indo-Pacific Command shall submit to Congress a report
detailing efforts to improve the ability of the Armed Forces
and allied and partner military forces to deny the ability of
the People's Republic of China to execute a fait accompli
against Taiwan.
(b) Matter to Be Included.--The report under subsection (a)
shall identify prioritized requirements for further improving
the ability of the Armed Forces and allied and partner
military forces to deny the ability of the People's Republic
of China to execute a fait accompli against Taiwan.
(c) Form.--The report under subsection (a) shall--
(1) be submitted in classified form; and
(2) include an unclassified summary appropriate for release
to the public.
(d) Fait Accompli Defined.--In this section, the term
``fait accompli'' means a scenario in which the People's
Republic of China uses force to rapidly seize territory of
Taiwan and subsequently threatens further escalation,
potentially including use of nuclear weapons, to deter an
effective response by the Armed Forces and allied and partner
military forces.
______
SA 399. Mr. HAWLEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 12__. REPORTS ON DETERRENCE OF OPPORTUNISTIC AGGRESSION
BY THE RUSSIAN FEDERATION AGAINST BALTIC
ALLIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Policy, in coordination with the Joint Chiefs of Staff, shall
submit to Congress the following:
(1) A report on the deterrence of opportunistic aggression
by the Russian Federation against one or more Baltic allies
in the case of engagement of the Armed Forces in a conflict
with the People's Republic of China.
(2) A report on the deterrence of opportunistic aggression
by the Russian Federation against one or more Baltic allies
in the case of engagement of the Armed Forces in a conflict
with the Democratic People's Republic of Korea.
(3) A report on the deterrence of opportunistic aggression
by the Russian Federation against one or more Baltic allies
in the case of engagement of the Armed Forces in a conflict
with Iran.
(b) Matters to Be Included.--Each report under subsection
(a) shall include the following:
(1) A description of the requirements to deter such
opportunistic aggression.
(2) A description of the requirements to restore deterrence
against the Russian Federation in the case of such
opportunistic aggression.
(3) An assessment of the ability of the Department of
Defense to meet the requirements described under paragraphs
(1) and (2) at current resource levels.
(4) Recommendations to ensure that the Department will be
able to meet any such requirement that the Department is
unable to meet as of the date of the enactment of this Act.
(c) Form.--Each report under subsection (a) shall--
(1) be submitted in classified form; and
(2) include an unclassified summary appropriate for release
to the public.
______
SA 400. Mr. HAWLEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. REPORTS ON DETERRENCE OF OPPORTUNISTIC AGGRESSION
BY THE PEOPLE'S REPUBLIC OF CHINA AGAINST
TAIWAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Policy, in coordination with the Joint Chiefs of Staff, shall
submit to Congress the following:
(1) A report on the deterrence of opportunistic aggression
by the People's Republic of China against Taiwan in the case
of engagement of the Armed Forces in a conflict with the
Russian Federation.
(2) A report on the deterrence of opportunistic aggression
by the People's Republic of China against Taiwan in the case
of engagement of the Armed Forces in a conflict with the
Democratic People's Republic of Korea.
(3) A report on the deterrence of opportunistic aggression
by the People's Republic of China against Taiwan in the case
of engagement of the Armed Forces in a conflict with Iran.
(b) Matters to Be Included.--Each report under subsection
(a) shall include the following:
(1) A description of the requirements to deter such
opportunistic aggression.
(2) A description of the requirements to restore deterrence
against the People's Republic of China in the case of such
opportunistic aggression.
(3) An assessment of the ability of the Department of
Defense to meet the requirements described under paragraphs
(1) and (2) at current resource levels.
(4) Recommendations to ensure that the Department will be
able to meet any such requirement that the Department is
unable to meet as of the date of the enactment of this Act.
(c) Form.--Each report under subsection (a) shall--
(1) be submitted in classified form; and
(2) include an unclassified summary appropriate for release
to the public.
______
SA 401. Mr. HAWLEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. 16__. REPORT ON OPERATION OF CERTAIN CONVENTIONAL FORCES
UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF
NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Commander of the United States
European Command, in consultation with the Commander of the
United States Strategic Command, shall submit to the
congressional defense committees a report detailing the
measures taken by the Commander to ensure the ability of
conventional forces under the authority of the Commander to
execute campaign plans under employment or threat of
employment of nuclear weapons by the United States, an ally
of the United States, or an adversary of the United States.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
______
SA 402. Mr. HAWLEY submitted an amendment intended to be proposed by
[[Page S3490]]
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. 16__. REPORT ON OPERATION OF CERTAIN CONVENTIONAL FORCES
UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF
NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Commander of the United States
Indo-Pacific Command, in consultation with the Commander of
the United States Strategic Command, shall submit to the
congressional defense committees a report detailing the
measures taken by the Commander to ensure the ability of
conventional forces under the authority of the Commander to
execute campaign plans under employment or threat of
employment of nuclear weapons by the United States, an ally
of the United States, or an adversary of the United States.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
______
SA 403. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 12__. MODIFICATION OF SEMIANNUAL REPORT ON ENHANCING
SECURITY AND STABILITY IN AFGHANISTAN.
Paragraph (1) of section 1225(b) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 127 Stat. 3550) is
amended--
(1) in the paragraph heading by inserting ``and taking into
account the august 2017 strategy of the united states'' after
``2014''; and
(2) in subparagraph (B)--
(A) by striking the period at the end and inserting a
semicolon;
(B) by striking ``in the assessment of any such'' and
inserting ``in the assessment of--
``(i) any such''; and
(C) by adding at the end the following new clauses:
``(ii) the United States counterterrorism mission; and
``(iii) efforts to bring about a political settlement,
support reconciliation efforts, and extend the reach of the
Government of Afghanistan throughout Afghanistan.''.
______
SA 404. Mr. BENNET (for himself and Mr. Perdue) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of part II of subtitle F of title V, add the
following:
SEC. 569. BRIEFING ON REQUIREMENTS OF MILITARY FAMILIES OF
MEMBERS OF THE ARMED FORCES ON ROTATION AWAY
FROM HOME BASE BUT NOT DEPLOYED TO A COMBAT
ZONE.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the congressional defense committees on
requirements of military families of members of the Armed
Forces in units that are on rotation away from home base but
are not deployed to a combat zone in connection with such
rotations.
(b) Elements.--The briefing required by subsection (a)
shall address the following:
(1) The anticipated and unmet need of military families
described in subsection (a) for each of the following:
(A) Access to family counseling.
(B) Access to childcare services.
(2) The need for support of Department or Defense Education
Activity or other public schools in connection with such
families.
(3) The differences, if any, in the needs of such families
depending on the component of the members concerned, whether
regular, Reserve, or National Guard.
______
SA 405. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. REPORT AND BRIEFING ON THE SENIOR RESERVE OFFICERS'
TRAINING CORPS.
(a) Report on Various Expansions of the Corps.--Not later
than one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report setting forth the following:
(1) An assessment of the feasibility and advisability of
distance learning programs for the Senior Reserve Officers'
Training Corps for students at educational institutions who
reside outside the viable range for a cross-town program.
(2) An assessment of the feasibility and advisability of
expanding the eligibility of institutions authorized to
maintain a unit of the Senior Reserve Officers' Training
Corps to include community colleges.
(b) Briefing on Long-term Effects on the Corps of the
Operation of Certain Recent Prohibitions.--
(1) Briefing required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the congressional defense committees on the
effects of the prohibitions in section 8032 of the Department
of Defense Appropriations Act, 2019 (division A of Public Law
115-245) on the long-term viability of the Senior Reserve
Officers' Training Corps (SROTC).
(2) Elements.--The matters addressed by the briefing under
paragraph (1) shall include an assessment of The effects of
the prohibitions described in paragraph (1) on the following:
(A) Readiness.
(B) The efficient manning and administration of Senior
Reserve Officers' Training Corps units.
(C) The ability of the Armed Forces to commission on a
yearly basis the number and quality of new officers they need
and that are representative of the nation as a whole .
(D) The availability of Senior Reserve Officers' Training
Corps scholarships in rural areas.
(E) Whether the Senior Reserve Officers' Training Corps
program produces officers representative of the demographic
and geographic diversity of the United States, especially
with respect to urban areas, and whether restrictions on
establishing or disestablishing units of the Corps affects
the diversity of the officer corps of the Armed Forces.
______
SA 406. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, insert the
following:
SEC. 1272. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES
WITH CERTAIN BENEFICIAL OWNERSHIP STRUCTURES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
consultation with the heads of appropriate agencies, shall
submit to the appropriate congressional committees a report
on addressing the threat or potential threat posed by the
export, reexport, or in-country transfer of satellites
described in section 1261(c)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
22 U.S.C. 2778 note) to entities described in subsection (b).
(b) Entities Described.--
(1) In general.--An entity described in this subsection is
an entity the beneficial owner of which is--
(A) an individual who is a citizen or national of a country
described in section 1261(c)(2) of the National Defense
Authorization Act for Fiscal Year 2013;
(B) an entity organized under the laws of or otherwise
subject to the jurisdiction of such a country;
(C) the government of such a country; or
(D) any other individual or entity the Secretary determines
may detrimentally affect the national security of the United
States.
(2) Determination of beneficial ownership.--For purposes of
paragraph (1), the Secretary shall identify a person as the
beneficial owner of an entity--
(A) in a manner that is not less stringent than the manner
set forth in section 240.13d-3 of title 17, Code of Federal
Regulations (as in effect on the date of the enactment of
this Act); and
(B) based on a threshold, to be determined by the
Secretary, based on an assessment of whether the person's
position would give the person an opportunity to control the
use of a satellite described in section 1261(c)(1) of the
National Defense Authorization Act for Fiscal Year 2013 and
exported, reexported, or transferred in country to the
entity.
(c) Elements.--The report required by subsection (a) shall
include the following:
(1) An evaluation of whether satellites described in
section 1261(c)(1) of the National
[[Page S3491]]
Defense Authorization Act for Fiscal Year 2013 have been
exported, reexported, or transferred in-country, directly or
indirectly, to entities described in subsection (b).
(2) An examination of the effect on national security of
the potential export, reexport, or in-country transfer of
satellites in compliance with section 1261(c) of the National
Defense Authorization Act for Fiscal Year 2013 in
circumstances in which the services, bandwidth, or functions
of the satellites could subsequently be leased or sold to, or
otherwise used by, an entity described in subsection (b).
(3) An examination of the effect on national security of
not limiting the export, reexport, or in-country transfer of
such satellites to entities described in subsection (b).
(4) Recommendations for, and an assessment of the
effectiveness of, a licensing condition that would prohibit
or limit the export, reexport, or in-country transfer of such
satellites to, or the use of such satellites by, entities
described in subsection (b).
(5) An assessment, based on realistic and justifiable
assumptions and forecasts, of the economic implications of
and potential harm caused by a licensing condition described
in paragraph (4) on the United States industries that develop
or produce satellites and commercial telecommunications
equipment that do not have direct national security ties,
including any costs identified under paragraph (3).
(6) An evaluation of the resources necessary to ensure the
ability of the Bureau of Industry and Security of the
Department of Commerce--
(A) to adequately identify and analyze the beneficial
owners of entities in decisions relating to--
(i) issuing licenses for the export, reexport, or in-
country transfer of such satellites to such entities; or
(ii) the ultimate end uses and end-users of such
satellites; and
(B) when evaluating such a decision--
(i) to have full knowledge of the potential end-user of the
satellite and the current beneficial owner of the entity; and
(ii) to be able to determine whether issuing the license
would be inconsistent with the goal of preventing entities
described in subsection (b) from accessing or using such
satellites.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Financial Services of the House of Representatives.
______
SA 407. Mr. BENNET (for himself and Mr. Portman) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. COMPARATIVE CAPABILITIES OF ADVERSARIES IN
ARTIFICIAL INTELLIGENCE.
(a) Expansion of Duties of Official With Principal
Responsibility for Coordination of Activities Relating to
Development and Demonstration of Artificial Intelligence.--
Section 238(c)(2)(I) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) that appropriate entities in the Department are
reviewing all open sources publications from both the United
States and outside the United States that contribute, impact,
or advance artificial intelligence research and
development.''.
(b) Analysis of Comparative Capabilities of Adversaries in
Key Technology Areas.--In carrying out analysis required to
carry out section 247 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
the Secretary of Defense shall ensure that the analysis
includes the following:
(1) A comprehensive and national-level--
(A) comparison of public and private investment
differentiated by sector and industry;
(B) review of current trends in ability to set and
determine global standards and norms for artificial
intelligence technology in national security, including
efforts in international standard setting bodies;
(C) assessment of access to artificial intelligence
technology in national security; and
(D) assessment of areas and activities in which the Unites
States should invest in order to provide the United States
with technical superiority over China in relevant areas of
artificial intelligence.
(2) A comprehensive assessment of relative technical
quality of activities in the United States and China.
(3) A comprehensive assessment of the likelihood that
developments in artificial intelligence will successfully
transition into military systems of China.
(4) Predicted effects on United States national security if
current trends in China and the United States continue.
(5) Predicted effects of current trends on digital and
technology export relationships of both countries with
existing and new trading partners.
(c) Briefing on National Security Vulnerabilities and
Opportunities in Artificial Intelligence and Actions Being
Undertake to Address Such Vulnerabilities and
Opportunities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
provide the congressional defense committees a briefing on--
(A) national security vulnerabilities and opportunities in
artificial intelligence; and
(B) actions being undertaken to address the vulnerabilities
and opportunities identified under subparagraph (A).
(2) Consultation with experts.--In preparing the briefing
required by paragraph (1) and in developing the actions
referred to in subparagraph (B) of such paragraph, the
Secretary may consult with experts within the Department,
other Federal agencies, academia, advisory committees, and
the commercial sector, as the Secretary considers
appropriate.
(3) Elements.--The briefing required by paragraph (1) shall
include information on the following:
(A) Supply chain vulnerabilities for current artificial
intelligence applications in national security.
(B) Long-term global trends of state and non-state actor
development and use of artificial intelligence technologies
in national security.
(C) Such other matters as the Secretary considers
appropriate.
(4) Actions.--The actions referred to in paragraph (1)(B)
may include the following:
(A) Partnering and engaging with the private sector and
encouraging public-private partnerships and investment in
artificial intelligence in national security.
(B) Improving Federal and privates sector workforce
capabilities and identifying necessary requirements and
resulting challenges.
(C) Working with the international community to establish
international standards for the use of artificial
intelligence technologies.
(D) Identifying areas for Federal investment in research
and development.
(E) Such other actions as the Secretary considers
appropriate.
______
SA 408. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 324. PAYMENTS TO STATES FOR THE TREATMENT OF
PERFLUOROOCTANE SULFONIC ACID AND
PERFLUOROOCTANOIC ACID IN DRINKING WATER.
(a) In General.--The Secretary of the Air Force shall pay a
local water authority located in the vicinity of an
installation of the Air Force, or a State in which the local
water authority is located, for the treatment of
perfluorooctane sulfonic acid and perfluorooctanoic acid in
drinking water from the wells owned and operated by the local
water authority to attain the lifetime health advisory level
for such acids established by the Environmental Protection
Agency and in effect on October 1, 2017.
(b) Eligibility for Payment.--To be eligible to receive
payment under subsection (a)--
(1) a local water authority or State, as the case may be,
must--
(A) have requested such a payment from the Secretary of the
Air Force before the earlier of the date on which--
(i) cooperative agreements relating to treatment of
perfluorooctane sulfonic acid and perfluorooctanoic acid
contamination were entered into by the Secretary; or
(ii) funding was made available to the Secretary for
payments relating to such treatment; and
(B) waive all claims for expenses for treatment of
perfluorooctane sulfonic acid and perfluorooctanoic acid
incurred before the date of the enactment of this Act;
(2) the elevated levels of perfluorooctane sulfonic acid
and perfluorooctanoic acid in the water must be the result of
activities conducted by or paid for by the Department of the
Air Force; and
(3) treatment or mitigation of such acids must have taken
place during the period beginning on January 1, 2016, and
ending on the day before the date of the enactment of this
Act.
[[Page S3492]]
(c) Agreements.--
(1) In general.--The Secretary of the Air Force may enter
into such agreements with a local water authority or State as
the Secretary considers necessary to implement this section.
(2) Use of memorandum of agreement.--The Secretary of the
Air Force may use the applicable Defense State Memorandum of
Agreement to pay amounts under subsection (a) that would
otherwise be eligible for payment under that agreement were
those costs paid using amounts appropriated to the
Environmental Restoration Account, Air Force, established
under section 2703(a)(4) of title 10, United States Code.
(3) Payment without regard to existing agreements.--Payment
may be made under subsection (a) to a State or a local water
authority in that State without regard to existing agreements
relating to environmental response actions or indemnification
between the Department of the Air Force and that State.
(d) Limitation.--Any payment made under subsection (a) may
not exceed the actual cost of treatment of perfluorooctane
sulfonic acid and perfluorooctanoic acid resulting from the
activities conducted by or paid for by the Department of the
Air Force.
(e) Availability of Amounts.--Of the amounts appropriated
to the Department of Defense for Operation and Maintenance,
Air Force, $10,000,000 shall be available to carry out this
section.
______
SA 409. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SENSE OF CONGRESS REGARDING REALLOCATION OF
DEPARTMENT OF DEFENSE SPECTRUM FOR 5G SERVICES.
It is the sense of Congress that the Secretary of Defense
should work with the Federal Communications Commission to
identify bands of spectrum assigned to the Department of
Defense that--
(1) can be reallocated for 5G services; and
(2) to the maximum extent practicable, are globally
harmonized or capable of being globally harmonized.
______
SA 410. Mr. UDALL submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10____. CHACO CULTURAL HERITAGE AREA PROTECTION.
(a) Definitions.--In this section:
(1) Covered lease.--The term ``covered lease'' means any
oil and gas lease for Federal land--
(A) on which drilling operations have not been commenced
before the end of the primary term of the applicable lease;
(B) that is not producing oil or gas in paying quantities;
and
(C) that is not subject to a valid cooperative or unit plan
of development or operation certified by the Secretary to be
necessary.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) any Federal land or interest in Federal land that is
within the boundaries of the Chaco Cultural Heritage
Withdrawal Area, as depicted on the Map; and
(ii) any land or interest in land located within the
boundaries of the Chaco Cultural Heritage Withdrawal Area, as
depicted on the Map, that is acquired by the Federal
Government after the date of enactment of this Act.
(B) Exclusion.--The term ``Federal land'' does not include
trust land (as defined in section 3765 of title 38, United
States Code).
(3) Map.--The term ``Map'' means the map prepared by the
Bureau of Land Management entitled ``Chaco Cultural Heritage
Withdrawal Area'' and dated April 2, 2019.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Withdrawal of Certain Federal Land in the State of New
Mexico.--
(1) In general.--Subject to any valid existing rights, the
Federal land is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Availability of map.--The Map shall be made available
for inspection at each appropriate office of the Bureau of
Land Management.
(3) Conveyance of federal land to indian tribes.--
Notwithstanding paragraph (1), the Secretary may convey the
Federal land to, or exchange the Federal land with, an Indian
Tribe in accordance with a resource management plan that is
approved as of the date of enactment of this Act, as
subsequently developed, amended, or revised in accordance
with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and any other applicable law.
(c) Oil and Gas Lease Management.--
(1) Termination of non-producing leases.--A covered lease--
(A) shall automatically terminate by operation of law
pursuant to section 17(e) of the Mineral Leasing Act (30
U.S.C. 226(e)) and subpart 3108 of title 43, Code of Federal
Regulations (or successor regulations); and
(B) may not be extended by the Secretary.
(2) Withdrawal of terminated, relinquished, or acquired
leases.--Any portion of the Federal land subject to a covered
lease terminated under paragraph (1) or otherwise or
relinquished or acquired by the United States on or after the
date of enactment of this Act is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent undermining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(d) Effect.--Nothing in this section--
(1) affects the mineral rights of an Indian Tribe or member
of an Indian Tribe to trust land or allotment land; or
(2) precludes improvements to, or rights-of-way for water,
power, or road development on, the Federal land to assist
communities adjacent to or in the vicinity of the Federal
land.
______
SA 411. Mr. PETERS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. ____. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON
UNFUNDED REQUIREMENTS FOR LABORATORY MILITARY
CONSTRUCTION PROJECTS.
Section 2806 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is
amended--
(1) by striking ``Assistant Secretary of Defense for
Energy, Installations, and Environment'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment'';
(2) by striking ``reporting'' and inserting ``report''; and
(3) by inserting ``in prioritized order, with specific
accounts and program elements identified,'' after
``evaluation facilities,''.
______
SA 412. Mr. TESTER (for himself and Mr. Daines) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. ____. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA.
(a) Findings.--Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to signatories of the Pembina Treaty of
1863, under which a large area of land in the State of North
Dakota was ceded to the United States;
(2) the Turtle Mountain Band of Chippewa of North Dakota
and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of
Montana, which also are political successors to the
signatories of the Pembina Treaty of 1863, have been
recognized by the Federal Government as distinct Indian
tribes;
(3) the members of the Little Shell Tribe continue to live
in the State of Montana, as their ancestors have for more
than 100 years since ceding land in the State of North Dakota
as described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned
the Federal Government for reorganization under the Act of
June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the
``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner
of Indian Affairs John Collier attested to the responsibility
of the Federal Government for the Tribe and members of the
Tribe, concluding that members of the Tribe are eligible for,
and should be provided with, trust land, making the Tribe
eligible for reorganization under the Act of June 18, 1934
(25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to
reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding
[[Page S3493]]
to secure land for the Tribe as required for reorganization
under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.)
(commonly known as the ``Indian Reorganization Act''), the
Tribe continued to exist as a separate community, with
leaders exhibiting clear political authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the
Rocky Boy's Reservation of Montana, filed 2 law suits under
the Act of August 13, 1946 (60 Stat. 1049) (commonly known as
the ``Indian Claims Commission Act''), to petition for
additional compensation for land ceded to the United States
under the Pembina Treaty of 1863 and the McCumber Agreement
of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have
had continuous dealings with the recognized political leaders
of the Tribe since the 1930s.
(b) Definitions.--In this section:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to subsection (f).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
(c) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Effect of federal laws.--Except as otherwise provided
in this section, all Federal laws (including regulations) of
general application to Indians and Indian tribes, including
the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly
known as the ``Indian Reorganization Act''), shall apply to
the Tribe and members.
(d) Federal Services and Benefits.--
(1) In general.--Beginning on the date of enactment of this
Act, the Tribe and each member shall be eligible for all
services and benefits provided by the United States to
Indians and federally recognized Indian tribes, without
regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any member on or near
an Indian reservation.
(2) Service area.--For purposes of the delivery of services
and benefits to members, the service area of the Tribe shall
be considered to be the area comprised of Blaine, Cascade,
Glacier, and Hill Counties in the State of Montana.
(e) Reaffirmation of Rights.--
(1) In general.--Nothing in this section diminishes any
right or privilege of the Tribe or any member that existed
before the date of enactment of this Act.
(2) Claims of tribe.--Except as otherwise provided in this
section, nothing in this section alters or affects any legal
or equitable claim of the Tribe to enforce any right or
privilege reserved by, or granted to, the Tribe that was
wrongfully denied to, or taken from, the Tribe before the
date of enactment of this Act.
(f) Membership Roll.--
(1) In general.--As a condition of receiving recognition,
services, and benefits pursuant to this section, the Tribe
shall submit to the Secretary, by not later than 18 months
after the date of enactment of this Act, a membership roll
consisting of the name of each individual enrolled as a
member of the Tribe.
(2) Determination of membership.--The qualifications for
inclusion on the membership roll of the Tribe shall be
determined in accordance with sections 1 through 3 of article
5 of the constitution of the Tribe dated September 10, 1977
(including amendments to the constitution).
(3) Maintenance of roll.--The Tribe shall maintain the
membership roll under this subsection.
(g) Acquisition of Land.--
(1) Homeland.--The Secretary shall acquire, for the benefit
of the Tribe, trust title to 200 acres of land within the
service area of the Tribe to be used for a tribal land base.
(2) Additional land.--The Secretary may acquire additional
land for the benefit of the Tribe pursuant to section 5 of
the Act of June 18, 1934 (25 U.S.C. 5108) (commonly known as
the ``Indian Reorganization Act'').
______
SA 413. Ms. BALDWIN (for herself and Mr. Johnson) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
In the funding table in section 4101, in the item relating
to Family of Medium Tactical Vehicle (FMTV), strike the
amount in the Senate Authorized column and insert
``138,057''.
In the funding table in section 4101, in the item relating
to Heavy Expanded Mobile Tactical Truck Extended Service,
strike the amount in the Senate Authorized column and insert
``131,841''.
In the funding table in section 4101, in the item relating
to Total Other Procurement, Army, strike the amount in the
Senate Authorized column and insert ``7,628,427''.
In the funding table in section 4101, in the item relating
to Total Procurement, strike the amount in the Senate
Authorized column and insert ``135,238,365''.
______
SA 414. Mr. TESTER (for himself and Mr. Moran) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 360. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE AND CULTURE
PROFICIENCY IN READINESS REPORTING SYSTEMS OF
DEPARTMENT OF DEFENSE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of each
military department shall include in the Global Readiness and
Force Management Enterprise, for the appropriate billets with
relevant foreign language requirements, measures of foreign
language as a mandatory element of unit readiness reporting,
to include the Defense Readiness Reporting Systems-Strategic
(DRRS-S) and all other subordinate systems that report
readiness data.
______
SA 415. Mr. TESTER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. ___. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR CERTAIN
MILITARY RETIREES WITH COMPENSABLE SERVICE-
CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees
With Service-Connected Disabilities Rated Less Than 50
Percent.--Section 1414 of title 10, United States Code, is
amended by striking paragraph (2) of subsection (a).
(b) Clerical Amendments.--
(1) The heading of section 1414 of such title is amended to
read as follows:
``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
payment of retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2020, and shall apply to
payments for months beginning on or after that date.
SEC. ___. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.
(a) Amendments To Standardize Similar Provisions.--
(1) Qualified retirees.--Subsection (a) of section 1414 of
title 10, United States Code, as amended by section ___(a),
is amended--
(A) by striking ``a member or'' and all that follows
through ``retiree')'' and inserting ``a qualified retiree'';
and
(B) by adding at the end the following new paragraph:
``(2) Qualified retirees.--For purposes of this section, a
qualified retiree, with respect to any month, is a member or
former member of the uniformed services who--
``(A) is entitled to retired pay (other than by reason of
section 12731b of this title); and
``(B) is also entitled for that month to veterans'
disability compensation.''.
(2) Disability retirees.--Paragraph (2) of subsection (b)
of section 1414 of such title is amended to read as follows:
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a qualified retiree who is
retired under chapter 61 of this title with fewer than 20
years of creditable service is subject to reduction by the
lesser of--
``(A) the amount of the reduction under sections 5304 and
5305 of title 38; or
``(B) the amount (if any) by which the amount of the
member's retired pay under such chapter exceeds the amount
equal to 2\1/2\ percent of the member's years of creditable
service multiplied by the member's retired pay base under
section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(b) Effective Date.--The amendments made by this section
shall take effect on
[[Page S3494]]
January 1, 2020, and shall apply to payments for months
beginning on or after that date.
______
SA 416. Mr. TESTER (for himself and Mr. Lankford) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the
following:
SEC. ____. REQUIREMENTS RELATING TO PROCESS OF DEPARTMENT OF
DEFENSE FOR MOVING MEMBERS OF THE ARMED FORCES,
THEIR FAMILIES, AND THEIR PERSONAL PROPERTY.
(a) Customer Satisfaction Surveys.--
(1) In general.--The Secretary of Defense shall require
that each member of the Armed Forces who uses moving services
provided by the Department of Defense complete a customer
satisfaction survey.
(2) Publication.--
(A) In general.--Not less frequently than annually, the
Secretary shall publish on an Internet website of the
Department the results of the surveys completed under
paragraph (1) for the preceding year.
(B) Removal of personally identifiable information.--The
Secretary shall remove any personally identifiable
information from the results published under subparagraph
(A).
(b) Quality Assurance.--The Secretary shall ensure that
quality assurance staff of the Department--
(1) are present at not less than 50 percent of moves by a
member of the Armed Forces and their family using moving
services provided by the Department; and
(2) inspect all inbound and outbound shipments of personal
property of members of the Armed Forces made through such a
service.
(c) Electronic Tracking of Packed Items.--The Secretary
shall require that all transportation service providers used
by the Department provide electronic tracking for all packed
items consistent with industry standards for the shipment of
packages (such as standards used by FedEx Corporation and
United Parcel Service).
______
SA 417. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10__. PER- AND POLYFLUOROALKYL SUBSTANCES.
(a) Designation as Hazardous Substances.--Not later than 1
year after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall
designate all per- and polyfluoroalkyl substances as
hazardous substances under section 102(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9602(a)).
(b) Airport Sponsors.--No sponsor (as defined in section
47102 of title 49, United States Code), including a sponsor
of the civilian portion of a joint-use airport or a shared-
use airport (as those terms are defined in section 139.5 of
title 14, Code of Federal Regulations (or successor
regulations)), shall be liable under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) for the costs of responding to,
or damages from, releases to the environment of per- or
polyfluoroalkyl substances that resulted from the use of
aqueous film-forming foam, if that use was required pursuant
to, and carried out in accordance with, part 139 of title 14,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
______
SA 418. Mr. GARDNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SUPPORT AND ENHANCEMENT OF DEFENSE CRITICAL
ELECTRIC INFRASTRUCTURE AND CRITICAL ELECTRIC
INFRASTRUCTURE.
The Secretary of Energy may use any portion of funds
appropriated by Congress to the Secretary of Energy
(including through financial assistance or other means) to
enhance, improve, develop, or support defense critical
electric infrastructure or critical electric infrastructure
(as those terms are defined in section 215A(a) of the Federal
Power Act (16 U.S.C. 824o-1(a))) to improve the resilience of
the infrastructure against threats or challenges to the
optimal performance of that infrastructure.
______
SA 419. Mr. GARDNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 835. PILOT PROGRAM ON STRENGTHENING MANUFACTURING IN THE
DEFENSE INDUSTRIAL BASE IN SUPPORT OF LOWER
COST MODULAR UNITED STATES DEFENSE RADAR
SYSTEMS.
(a) Pilot Program Required.--The Secretary of Defense shall
carry out a pilot program to assess the feasibility and
advisability of supporting--
(1) production needs to meet military requirements and
increase the capability of the defense industrial base to
support through the expansion of traditional and
nontraditional radar suppliers through open competition; and
(2) manufacturing and production of emerging defense and
commercial technologies to develop and prove out a low cost
and modular radar architecture via broadband digital receiver
and exciter (DREX) components and prototypes together with
scalable and reconfigurable antennas.
(b) Authorities.--The Secretary shall carry out the pilot
program under the following authorities:
(1) Chapters 137 and 139 and sections 2371, 2371b, and 2373
of title 10, United States Code.
(2) Such other legal authorities as the Secretary considers
applicable to carrying out the pilot program.
(c) Activities.--Activities under the pilot program may
include the following:
(1) Use of contracts, grants, or other transaction
authorities to support manufacturing and production
capabilities in small and medium-sized manufacturers.
(2) Purchases of goods or equipment for testing and
certification purposes.
(3) Incentives, including purchase commitments and cost
sharing with nongovernmental sources, for the private sector
to develop manufacturing and production capabilities in areas
of national security interest.
(4) Issuing loans or providing loan guarantees to small and
medium-sized manufacturers to support manufacturing and
production capabilities in areas of national security
interest.
(5) Giving awards to third party entities to support
investments in small- and medium-sized manufacturers working
in areas of national security interest, including debt and
equity investments that would benefit missions of the
Department of Defense.
(6) Such other activities as the Secretary determines
necessary.
(d) Termination.--The pilot program shall terminate on the
date that is four years after the date of the enactment of
this Act.
(e) Briefing Required.--Not later than January 31, 2023,
the Secretary of Defense shall provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives on the results of the pilot program.
______
SA 420. Mr. GARDNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At appropriate place, insert the following:
SEC. ___. MISSION PARTNER ENVIRONMENT.
The amount authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense is hereby
increased by $53,200,000, with the amount of such increase to
be available for Mission Partner Environment in order to
support necessary infrastructure and data network investment
that facilitates multi-domain information sharing with allies
and like-minded partners and to address common challenges to
a Free and Open Info-Pacific in South Asia, South East Asia,
and Oceania.
______
SA 421. Mr. GARDNER (for himself and Mr. Risch) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. ___. SENSE OF CONGRESS ON HONG KONG PORT VISITS.
It is the sense of Congress that the Department of Defense
should continue to make
[[Page S3495]]
regular requests to the Government of the People's Republic
of China for the Navy to conduct port calls to Hong Kong,
including United States aircraft carrier visits.
______
SA 422. Mr. GARDNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE
ACT WITH REGARD TO TAIWAN ARMS SALES.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense Indo-Pacific Strategy Report
(referred to in this section as the ``Indo-Pacific
Strategy''), released on June 1, 2019, states: ``[T]he Asia
Reassurance Initiative Act, a major bipartisan legislation,
was signed into law by President Trump on December 31, 2018.
This legislation enshrines a generational whole-of-government
policy framework that demonstrates U.S. commitment to a free
and open Indo-Pacific region and includes initiatives that
promote sovereignty, rule of law, democracy, economic
engagement, and regional security.''.
(2) The Indo-Pacific Strategy further states: ``The United
States has a vital interest in upholding the rules-based
international order, which includes a strong, prosperous, and
democratic Taiwan. . .The Department [of Defense] is
committed to providing Taiwan with defense articles and
services in such quantity as may be necessary to enable
Taiwan to maintain a sufficient self-defense capability.''.
(3) Section 209(b) of the Asia Reassurance Initiative Act
of 2018 (Public Law 115-409), signed into law on December 31,
2018, states: ``The President should conduct regular
transfers of defense articles to Taiwan that are tailored to
meet the existing and likely future threats from the People's
Republic of China, including supporting the efforts of Taiwan
to develop and integrate asymmetric capabilities, as
appropriate, including mobile, survivable, and cost-effective
capabilities, into its military forces.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Asia Reassurance Initiative Act of 2018 (Public Law
115-409) has recommitted the United States to support the
close, economic, political, and security relationship between
the United States and Taiwan; and
(2) the United States should fully implement the provisions
of that Act with regard to regular defensive arms sales to
Taiwan.
(c) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Defense, or their designees, shall brief the
appropriate committees of Congress on the efforts to
implement section 209(b) of the Asia Reassurance Initiative
Act of 2018 (Public Law 115-409).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 423. Mr. GARDNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At appropriate place, insert the following:
SEC. ___. INDO-PACIFIC RANGE UPGRADES.
The amount authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense is hereby
increased by $35,400,000, with the amount of such increase to
be available for Indo-Pacific Range Upgrades in order to
support necessary infrastructure improvements to evolve
legacy training and exercise facilities in Hawaii, Alaska,
and Guam into integrated, live, and virtual operational sites
that support the injection of innovation and experimentation
programs.
______
SA 424. Mr. GARDNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG.
(a) Findings.--Congress makes the following findings:
(1) The United States policy toward Hong Kong is guided by
the United States-Hong Kong Policy Act of 1992 (Public Law
102-383; 106 Stat. 1448) (referred to in this section as the
``Act''), which reaffirms that ``The Hong Kong Special
Administrative Region of the People's Republic of China,
beginning on July 1, 1997, will continue to enjoy a high
degree of autonomy on all matters other than defense and
foreign affairs.''.
(2) The Act furthermore states that ``The human rights of
the people of Hong Kong are of great importance to the United
States and are directly relevant to United States interests
in Hong Kong.''.
(3) Pursuant to section 301 of the Act (22 U.S.C. 5731),
the annual report issued by the Department of State on
developments in Hong Kong (referred to in this section as the
``Report''), released on March 21, 2019, states that
``Cooperation between the United States Government and the
Hong Kong government remains broad and effective in many
areas, providing significant benefits to the United States
economy and homeland security.''.
(4) The Report states that ``the Chinese mainland central
government implemented or instigated a number of actions that
appeared inconsistent with China's commitments in the Basic
Law, and in the Sino-British Joint Declaration of 1984, to
allow Hong Kong to exercise a high degree of autonomy.''.
(5) The Report furthermore states that the ``Hong Kong
authorities took actions aligned with mainland priorities at
the expense of human rights and fundamental freedoms. There
were particular setbacks in democratic electoral processes,
freedom of expression, and freedom of association.''.
(6) On June 10, 2019, the spokesporson for the Department
of State issued a statement expressing ``grave concern about
the Hong Kong government's proposed amendments to its
Fugitive Offenders Ordinance, which, if passed, would permit
Chinese authorities to request the extradition of individuals
to mainland China.''.
(7) According to media reports, in June 2019, over
1,000,000 residents of Hong Kong have taken part in
demonstrations against the proposed amendments to the
Fugitive Offenders Ordinance.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the government of the People's Republic of China and
the Hong Kong Special Administrative Region of the People's
Republic of China authorities should immediately cease taking
all actions that undermine Hong Kong's autonomy and
negatively impact the protections of fundamental human
rights, freedoms, and democratic values of the people of Hong
Kong, as enshrined in the Act, Hong Kong's Basic Law of 1997,
and the Sino-British Joint Declaration of 1984;
(2) the Hong Kong Special Administrative Region of the
People's Republic of China authorities should immediately
withdraw from consideration the proposed amendments to its
Fugitive Offenders Ordinance and refrain from any unwarranted
use of force against the protestors that is inconsistent with
internationally recognized law enforcement best practices;
and
(3) the United States should impose financial sanctions,
visa bans, and other punitive economic measures against all
individuals or entities violating the fundamental human
rights and freedoms of the people of Hong Kong, consistent
with United States and international law.
______
SA 425. Mr. HOEVEN (for himself, Mr. Tester, Mr. Daines, and Mr.
Enzi) submitted an amendment intended to be proposed by him to the bill
S. 1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XVI, add the following:
SEC. 1668. SENSE OF SENATE ON SUPPORT FOR A ROBUST AND MODERN
ICBM FORCE TO MAXIMIZE THE VALUE OF THE NUCLEAR
TRIAD OF THE UNITED STATES.
(a) Findings.--The Senate makes the following findings:
(1) Land-based intercontinental ballistic missiles (in this
section referred to as ``ICBMs'') have been a critical part
of the strategic deterrent of the United States for 6 decades
in conjunction with air and sea-based strategic delivery
systems.
(2) President John F. Kennedy referred to the deployment of
the first Minuteman missile during the Cuban Missile Crisis
as his ``ace in the hole''.
(3) The Minuteman III missile entered service in 1970 and
is still deployed in 2019, well beyond its originally
intended service life.
(4) The ICBM force of the United States peaked at more than
1,200 deployed missiles during the Cold War.
(5) The ICBM force of the United States currently consists
of approximately 400 Minuteman III missiles deployed across
450 operational missile silos, each carrying a single
warhead.
[[Page S3496]]
(6) The Russian Federation currently deploys at least 300
ICBMs with multiple warheads loaded on each missile and has
announced plans to replace its Soviet-era systems with
modernized ICBMs.
(7) The People's Republic of China currently deploys at
least 75 ICBMs and plans to grow its ICBM force through the
deployment of modernized, road-mobile ICBMs that carry
multiple warheads.
(8) The Russian Federation and the People's Republic of
China deploy nuclear weapons across a variety of platforms in
addition to their ICBM forces.
(9) Numerous countries possess or are seeking to develop
nuclear weapons capabilities that pose challenges to the
nuclear deterrence of the United States.
(10) The nuclear deterrent of the United States is
comprised of a triad of delivery systems for nuclear weapons,
including submarine-launched ballistic missiles (in this
subsection referred to as ``SLBMs''), air-delivered gravity
bombs and cruise missiles, and land-based ballistic missiles
that provide interlocking and mutually reinforcing attributes
that enhance strategic deterrence.
(11) Weakening one leg of the triad limits the deterrent
value of the other legs of the triad.
(12) In the nuclear deterrent of the United States, ICBMs
provide commanders with the most prompt response capability,
SLBMs provide stealth and survivability, and aircraft armed
with nuclear weapons provide flexibility.
(13) The ICBM force of the United States forces any would-
be attacker to confront more than 400 discrete targets, thus
creating an effectively insurmountable targeting problem for
a potential adversary.
(14) The size, dispersal, and global reach of the ICBM
force of the United States ensures that no adversary can
escalate a crisis beyond the ability of the United States to
respond.
(15) A potential attacker would be forced to expend far
more warheads to destroy the ICBMs of the United States than
the United States would lose in an attack, because of the
deployment of a single warhead on each ICBM of the United
States.
(16) The ICBM force provides a persistent deterrent
capability that reinforces strategic stability.
(17) ICBMs are the cheapest delivery system for nuclear
weapons for the United States to operate and maintain.
(18) United States Strategic Command has validated military
requirements for the unique capabilities of ICBMs.
(19) In a 2014 analysis of alternatives, the Air Force
concluded that replacing the Minuteman III missile would
provide upgraded capabilities at lower cost when compared
with extending the service life of the Minuteman III missile.
(20) The Minuteman III replacement program, known as the
ground-based strategic deterrent, is expected to provide a
land-based strategic deterrent capability for 5 decades after
the program enters service.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) land-based ICBMs have certain characteristics,
including responsiveness, persistence, and dispersal, that
enhance strategic stability and magnify the deterrent value
of the air and sea-based legs of the nuclear triad of the
United States;
(2) ICBMs have played and continue to play a role in
deterring attacks on the United States and its allies;
(3) while arms control agreements have reduced the size of
the ICBM force of the United States, adversaries of the
United States continue to enhance, enlarge, and modernize
their ICBM forces;
(4) the modernization of the ICBM force of the United
States through the ground-based strategic deterrent program
should be supported;
(5) ICBMs have the lowest operation, maintenance, and
modernization costs of any part of the nuclear deterrent of
the United States; and
(6) unilaterally reducing the size of the ICBM force of the
United States or delaying the implementation of the ground-
based strategic deterrent program would degrade the deterrent
capabilities of a fully operational and modernized nuclear
triad and should not take place at the present time.
______
SA 426. Mr. BOOZMAN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 729. REPORT ON SUCCESSFUL SUICIDE PREVENTION PRACTICES
AND INITIATIVES OF DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on successful suicide
prevention practices and initiatives of the Department of
Defense.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A complete list of all current and planned mental
health and suicide prevention programs available to members
of the Armed Forces, whether provided by the Department or
through community partnerships.
(2) For each program listed under paragraph (1), the annual
funding and number of members of the Armed Forces served.
(3) The number of members of the Armed Forces receiving
treatment in each such program who ultimately commit suicide.
(4) The metrics used by the Department to track the
efficacy of mental health programs of the Department,
including an assessment of how those metrics are tracked
longitudinally.
(5) Recommendations for how the Department of Defense can
work more cooperatively with the Department of Veterans
Affairs and mental health organizations in the private sector
to serve the unique needs of members of the reserve
components of the Armed Forces.
(6) Recommendations for additional metrics for the
Department of Defense to use to better measure the efficacy
of each mental health program of the Department.
(7) Recommendations for how the Department may better
partner with local communities to ensure access to mental
health and suicide prevention programs in rural areas.
______
SA 427. Mr. CRAMER (for himself, Mrs. Gillibrand, Mr. Hoeven, Mrs.
Shaheen, Mrs. Capito, Ms. Klobuchar, Mr. Menendez, Mr. Braun, Mr.
Tester, Mr. Jones, Mr. Schumer, Mr. Daines, and Mr. Lankford) submitted
an amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF
THE NAMES OF THE LOST CREW MEMBERS OF THE
U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Defense shall
authorize the inclusion on the Vietnam Veterans Memorial Wall
in the District of Columbia of the names of the 74 crew
members of the U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall
consult with the Secretary of the Interior, the American
Battlefield Monuments Commission, and other applicable
authorities with respect to any adjustments to the
nomenclature and placement of names pursuant to subsection
(a) to address any space limitations on the placement of
additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter
89 of title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall not apply to any
activities carried out under subsection (a) or (b).
______
SA 428. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 3203(b)(1)(A), strike ``two consecutive terms''
and insert ``more than two consecutive terms''.
______
SA 429. Mr. BROWN (for himself and Mr. Crapo) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. AUTHORIZATION OF APPROPRIATIONS FOR DEFENSE
PRODUCTION ACT OF 1950.
Section 711 of the Defense Production Act of 1950 (50
U.S.C. 4561) is amended by striking ``$133,000,000'' and all
that follows and inserting the following: ``for the carrying
out of the provisions and purposes of this Act by the
President and such agencies as he may designate or create--
``(1) $250,000,000 for each of fiscal years 2020 through
2024; and
``(2) $133,000,000 for fiscal year 2025 and each fiscal
year thereafter.''.
______
SA 430. Mr. CARPER (for himself, Mr. Portman, and Mr. Peters)
submitted an amendment intended to be
[[Page S3497]]
proposed by him to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. MULTINATIONAL SPECIES CONSERVATION FUNDS
SEMIPOSTAL STAMP REAUTHORIZATION.
(a) In General.--Section 2(c) of the Multinational Species
Conservation Funds Semipostal Stamp Act of 2010 (39 U.S.C.
416 note; Public Law 111-241) is amended--
(1) in paragraph (2)--
(A) by striking ``of at least 6 years,''; and
(B) by inserting before the period at the end the
following: ``and ending not earlier than the date on which
the United States Postal Service provides notice to Congress
under paragraph (5)''; and
(2) by adding at the end the following:
``(5) Requirement to sell all stamps printed.--
``(A) In general.--The United States Postal Service shall
sell each copy of the Multinational Species Conservation Fund
Semipostal Stamp that the United States Postal Service prints
under this Act.
``(B) Notification of congress.--The United States Postal
Service shall notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives when all
copies of the Multinational Species Conservation Fund
Semipostal Stamp printed under this Act have been sold.''.
(b) Retroactive Applicability.--
(1) In general.--The amendments made by subsection (a)
shall take effect as if enacted on the day after the date of
enactment of the Multinational Species Conservation Funds
Semipostal Stamp Reauthorization Act of 2013 (Public Law 113-
165; 128 Stat. 1878).
(2) Consequence of destruction of stamps.--If the United
States Postal Service destroys 1 or more Multinational
Species Conservation Fund Semipostal Stamps before the date
of enactment of this Act, the United States Postal Service
shall print and sell the same number of such stamps on or
after that date of enactment.
______
SA 431. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. REPORT ON SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES FOR MEMBERS OF THE ARMED FORCES AND
THEIR FAMILIES.
(a) Report Required.--Not later than 240 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the programs and activities of the Department of
Defense and the Armed Forces for the prevention of suicide
among members of the Armed Forces (including the reserve
components) and their families.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the current programs and activities of
the Department and the Armed Forces for the prevention of
suicide among members of the Armed Forces and their families.
(2) An assessment whether the programs and activities
described pursuant to paragraph (1)--
(A) are evidence-based and incorporate best practices
identified in peer-reviewed medical literature;
(B) are appropriately resourced; and
(C) deliver outcomes that are appropriate relative to peer
activities and programs (including those undertaken in the
civilian community and in military forces of other
countries).
(3) A description and assessment of any impediments to the
effectiveness of such programs and activities.
(4) Such recommendations as the Comptroller General
considers appropriate for improvements to such programs and
activities.
(5) Such recommendations as the Comptroller General
considers appropriate for additional programs and activities
for the prevention of suicide among members of the Armed
Forces and their families.
______
SA 432. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12 __. ANNUAL REPORT ON MILITARY ACTIVITIES OF THE
RUSSIAN FEDERATION AND THE PEOPLE'S REPUBLIC OF
CHINA IN THE ARCTIC REGION.
(a) In General.--Not later than February 15 each year, the
Secretary of Defense, in consultation with the Secretary of
State and the Director of National Intelligence, shall submit
to the congressional defense committees the following:
(1) A report on the military activities of the Russian
Federation in the Arctic region.
(2) A report on the military activities of the People's
Republic of China in the Arctic region.
(b) Matters To Be Included.--Each report under subsection
(a) shall include, with respect to the Russian Federation or
the People's Republic of China, as applicable, the following:
(1) A description of military activities of such country in
the Arctic region in the preceding calendar year, including--
(A) the emplacement of military infrastructure, equipment,
or forces; and
(B) any exercises or other military activities;
(C) activities that are non-military in nature but are
judged to have military implications.
(2) An assessment of--
(A) the intentions of such activities;
(B) the extent to which such activities affect or threaten
the interests of the United States and allies in the Arctic
region; and
(C) any response to such activities by the United States or
allies.
(3) A description of future plans and requirements with
respect to such activities.
(c) Form.--Each report under subsection (a) shall be
submitted in classified form, but may include an unclassified
executive summary.
______
SA 433. Ms. STABENOW (for herself and Ms. Collins) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 811. GUIDANCE ON BUY AMERICAN ACT AND BERRY AMENDMENT
REQUIREMENTS.
(a) Finding.--Congress finds that the Inspector General of
the Department of Defense has issued a series of reports
finding deficiencies in the adherence to the provisions of
the Buy American Act and the Berry Amendment and recommending
improvements in training for the Defense acquisition
workforce.
(b) Buy American Act Guidance.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of Defense Pricing/
Defense Procurement Acquisition Policy shall issue guidance
to Department of Defense contracting officials on
requirements related to chapter 83 of title 41, United States
Code (commonly referred to as the ``Buy American Act'').
(2) Elements.--The guidance issued under paragraph (1)
shall cover--
(A) the requirement to incorporate and enforce the Buy
American Act provisions and clauses in applicable
solicitations and contracts; and
(B) the requirements of the Buy American Act, such as
inclusion of clauses, into the electronic contract writing
systems used by the military departments and the Defense
Logistics Agency.
(c) Berry Amendment and Specialty Metals Clause Guidance.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of Defense Pricing/
Defense Procurement Acquisition Policy shall issue guidance
to Department of Defense contracting officials on
requirements related to section 2533a of title 10, United
States Code (commonly referred to as the ``Berry
Amendment''), and section 2533b of title 10, United States
Code (commonly referred to as the ``specialty metals
clause'').
(2) Elements.--The guidance issued under paragraph (1)
shall cover--
(A) the requirement to incorporate and enforce the Berry
Amendment and the specialty metals clause provisions and
clauses in applicable solicitations and contracts; and
(B) the requirements of the Berry Amendment and the
specialty metals clause, such as inclusion of clauses, into
the electronic contract writing systems used by the military
departments and the Defense Logistics Agency.
______
SA 434. Ms. STABENOW (for herself and Mr. Murphy) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal
[[Page S3498]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title VIII, add the following:
SEC. 811. APPLICABILITY OF BUY AMERICAN REQUIREMENTS TO ITEMS
USED OUTSIDE THE UNITED STATES.
Section 8302(a)(2)(A) of title 41, United States Code, is
amended by inserting ``needed on an urgent basis or for
national security reasons (as determined by the head of a
Federal agency)'' after ``for use outside the United
States''.
______
SA 435. Ms. STABENOW submitted an amendment intended to be proposed
by her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 835. MANUFACTURING EXTENSION PARTNERSHIP SUPPORT FOR
DEVELOPMENT OF DOMESTIC SUPPLY BASE FOR
PRODUCTION OF COMPONENTS AND WEAPON SYSTEMS.
(a) Memorandum of Understanding.--The Secretary of Defense
and the Secretary of Commerce shall enter into a memorandum
of understanding (MOU) for purposes of ensuring--
(1) the development of a domestic supply base to support
production of components and weapon systems for the
Department of Defense; and
(2) compliance with chapter 83 of title 41, United States
Code (commonly referred to as the ``Buy American Act'') and
section 2533a of title 10, United States Code (commonly
referred to as the ``Berry Amendment''), including by
limiting the use of waivers.
(b) Activities.--The MOU shall include provisions--
(1) allowing Department of Defense personnel to consult
with the National Institute of Standards and Technology
(NIST) Manufacturing Extension Partnership (MEP) when
conducting market research; and
(2) requiring that before a domestic non-availability
waiver is granted, NIST MEP shall conduct a nationwide
analysis to identify domestic suppliers that may be able to
meet Department of Defense acquisition needs.
______
SA 436. Mr. TESTER (for himself and Mr. Merkley) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 108__. JOB CORPS CIVILIAN CONSERVATION CENTERS.
Notwithstanding any provision of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3101 et seq.) (including
regulations, guidance, memoranda of understanding, and
interagency agreements written or entered into pursuant to
that Act), during the period beginning on January 21, 2019,
and ending not earlier than January 21, 2025, the Secretary
of Agriculture and the Secretary of Labor--
(1) shall not transfer the operation of any Job Corps
Civilian Conservation Center from the Forest Service;
(2) shall ensure that each Job Corps Civilian Conservation
Center is operated in accordance with the interagency
agreement entitled ``Interagency Agreement between the United
States Department of Labor and the United States Department
of Agriculture Governing the Funding, Establishment, and
Operation of Job Corps Civilian Conservation Centers'', as
the interagency agreement existed on January 21, 2019;
(3) shall not contract with any entity to operate a Job
Corps Civilian Conservation Center; and
(4) shall not close or deactivate any Job Corps Civilian
Conservation Center unless closure or deactivation is a
necessary response to a substantial health or safety threat
to students or staff at a center, as determined by the
Secretary of Agriculture and the Secretary of Labor.
______
SA 437. Ms. ERNST (for herself, Mr. Paul, Mr. Braun, Mr. Cramer, and
Mr. Lee) submitted an amendment intended to be proposed by her to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. ANNUAL REPORTS ON FEDERAL PROJECTS THAT ARE OVER
BUDGET AND BEHIND SCHEDULE.
(a) Definition of Covered Agency.--In this section, the
term ``covered agency'' means--
(1) an Executive agency, as defined in section 105 of title
5, United States Code; and
(2) an independent regulatory agency, as defined in section
3502 of title 44, United States Code.
(b) Requirement.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the
Director of the Office of Management and Budget shall submit
to Congress and post on the website of the Office of
Management and Budget a report on each project funded by a
covered agency--
(1) that is more than 5 years behind schedule; or
(2) for which the amount spent on the project is not less
than $1,000,000,000 more than the original cost estimate for
the project.
(c) Contents.--Each report submitted and posted under
subsection (b) shall include, for each project included in
the report--
(1) a brief description of the project, including--
(A) the purpose of the project;
(B) each location in which the project is carried out;
(C) the year in which the project was initiated;
(D) the Federal share of the total cost of the project; and
(E) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the project;
(2) an explanation of any change to the original scope of
the project, including by the addition or narrowing of the
initial requirements of the project;
(3) the original expected date for completion of the
project;
(4) the current expected date for completion of the
project;
(5) the original cost estimate for the project, as adjusted
to reflect increases in the Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor
Statistics;
(6) the current cost estimate for the project, as adjusted
to reflect increases in the Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor
Statistics;
(7) an explanation for a delay in completion or increase in
the original cost estimate for the project; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the project.
(d) Submission With Budget.--Section 1105(a) of title 31,
United States Code, is amended by adding at the end the
following:
``(40) the report required under section 1086(b) of the
National Defense Authorization Act for Fiscal Year 2020 for
the calendar year ending in the fiscal year in which the
budget is submitted.''.
______
SA 438. Ms. ERNST (for herself, Mrs. Blackburn, and Mr. Braun)
submitted an amendment intended to be proposed by her to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. AUTHORITY OF DEPARTMENT OF DEFENSE TO CONSOLIDATE
INFRASTRUCTURE DISTRIBUTION CENTERS TO IMPROVE
EFFECTIVENESS AND EFFICIENCY OF SUPPLY CHAIN
AND INVENTORY MANAGEMENT.
(a) In General.--The Secretary of Defense may consolidate
infrastructure, including warehouses, at the distribution
centers of the Department of Defense to improve the
effectiveness and efficiency of the supply chain and
inventory management of the Department to support the needs
of the Armed Forces and reduce costs.
(b) Use of Cost Savings.--
(1) In general.--Any cost savings achieved through
consolidation under subsection (a) shall be used for programs
and activities of Special Victims' Counsel (SVC) under
section 1044e of title 10, United States Code, throughout the
Armed Forces in order to--
(A) enhance the frequency, timeliness, and quality of
services provided by Special Victims' Counsel; and
(B) expand the individuals eligible for services of Special
Victims' Counsel to include victims of domestic violence.
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report specifying--
(A) the amount transferred to the Special Victims' Counsel
to be used under paragraph (1); and
(B) the number of claims that were addressed with that
amount.
(c) Plan.--
(1) In general.--Not later than 60 days before implementing
any consolidation under subsection (a), the Secretary shall
submit to Congress a plan for such consolidation.
(2) Elements.--Any plan submitted under paragraph (1) with
respect to consolidation under subsection (a) shall include
the following:
[[Page S3499]]
(A) An estimate of the cost savings of such consolidation.
(B) A list of the specific facilities that will be subject
to closure and disposal under such consolidation.
(C) A certification that the overall effectiveness of the
supply chain of the Department will not be compromised or
hindered by such consolidation.
______
SA 439. Ms. ERNST (for herself, Ms. Sinema, and Mr. Braun) submitted
an amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Presidential Allowance Modernization
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Presidential Allowance
Modernization Act of 2019''.
SEC. 1092. AMENDMENTS.
(a) In General.--The Act entitled ``An Act to provide
retirement, clerical assistants, and free mailing privileges
to former Presidents of the United States, and for other
purposes'', approved August 25, 1958 (commonly known as the
``Former Presidents Act of 1958'') (3 U.S.C. 102 note), is
amended--
(1) by striking ``That (a) each'' and inserting the
following:
``SECTION 1. FORMER PRESIDENTS LEAVING OFFICE BEFORE
PRESIDENTIAL ALLOWANCE MODERNIZATION ACT OF
2019.
``(a) Each'';
(2) by redesignating subsection (g) as section 3 and
adjusting the margin accordingly; and
(3) by inserting after section 1, as so designated, the
following:
``SEC. 2. FORMER PRESIDENTS LEAVING OFFICE AFTER PRESIDENTIAL
ALLOWANCE MODERNIZATION ACT OF 2019.
``(a) Annuities and Allowances.--
``(1) Annuity.--Each modern former President shall be
entitled for the remainder of his or her life to receive from
the United States an annuity at the rate of $200,000 per
year, subject to subsections (b)(2) and (c), to be paid by
the Secretary of the Treasury.
``(2) Allowance.--The Administrator of General Services is
authorized to provide each modern former President a monetary
allowance at the rate of $200,000 per year, subject to the
availability of appropriations and subsections (b)(2), (c),
and (d).
``(b) Duration; Frequency.--
``(1) In general.--The annuity and allowance under
subsection (a) shall each--
``(A) commence on the day after the date on which an
individual becomes a modern former President;
``(B) terminate on the date on which the modern former
President dies; and
``(C) be payable on a monthly basis.
``(2) Appointive or elective positions.--The annuity and
allowance under subsection (a) shall not be payable for any
period during which a modern former President holds an
appointive or elective position in or under the Federal
Government to which is attached a rate of pay other than a
nominal rate.
``(c) Cost-of-Living Increases.--Effective December 1 of
each year, each annuity and allowance under subsection (a)
that commenced before that date shall be increased by the
same percentage by which benefit amounts under title II of
the Social Security Act (42 U.S.C. 401 et seq.) are
increased, effective as of that date, as a result of a
determination under section 215(i) of that Act (42 U.S.C.
415(i)).
``(d) Limitation on Monetary Allowance.--
``(1) In general.--Notwithstanding any other provision of
this section, the monetary allowance payable under subsection
(a)(2) to a modern former President for any 12-month period--
``(A) except as provided in subparagraph (B), may not
exceed the amount by which--
``(i) the monetary allowance that (but for this subsection)
would otherwise be so payable for such 12-month period,
exceeds (if at all)
``(ii) the applicable reduction amount for such 12-month
period; and
``(B) shall not be less than the amount determined under
paragraph (4).
``(2) Definition.--
``(A) In general.--For purposes of paragraph (1), the term
`applicable reduction amount' means, with respect to any
modern former President and in connection with any 12-month
period, the amount by which--
``(i) the sum of--
``(I) the adjusted gross income (as defined in section 62
of the Internal Revenue Code of 1986) of the modern former
President for the most recent taxable year for which a tax
return is available; and
``(II) any interest excluded from the gross income of the
modern former President under section 103 of such Code for
such taxable year, exceeds (if at all)
``(ii) $400,000, subject to subparagraph (C).
``(B) Joint returns.--In the case of a joint return,
subclauses (I) and (II) of subparagraph (A)(i) shall be
applied by taking into account both the amounts properly
allocable to the modern former President and the amounts
properly allocable to the spouse of the modern former
President.
``(C) Cost-of-living increases.--The dollar amount
specified in subparagraph (A)(ii) shall be adjusted at the
same time that, and by the same percentage by which, the
monetary allowance of the modern former President is
increased under subsection (c) (disregarding this
subsection).
``(3) Disclosure requirement.--
``(A) Definitions.--In this paragraph--
``(i) the terms `return' and `return information' have the
meanings given those terms in section 6103(b) of the Internal
Revenue Code of 1986; and
``(ii) the term `Secretary' means the Secretary of the
Treasury or the Secretary of the Treasury's delegate.
``(B) Requirement.--A modern former President may not
receive a monetary allowance under subsection (a)(2) unless
the modern former President discloses to the Secretary, upon
the request of the Secretary, any return or return
information of the modern former President or spouse of the
modern former President that the Secretary determines is
necessary for purposes of calculating the applicable
reduction amount under paragraph (2) of this subsection.
``(C) Confidentiality.--Except as provided in section 6103
of the Internal Revenue Code of 1986 and notwithstanding any
other provision of law, the Secretary may not, with respect
to a return or return information disclosed to the Secretary
under subparagraph (B)--
``(i) disclose the return or return information to any
entity or person; or
``(ii) use the return or return information for any purpose
other than to calculate the applicable reduction amount under
paragraph (2).
``(4) Increased costs due to security needs.--With respect
to the monetary allowance that would be payable to a modern
former President under subsection (a)(2) for any 12-month
period but for the limitation under paragraph (1)(A) of this
subsection, the Administrator of General Services, in
coordination with the Director of the United States Secret
Service, shall determine the amount of the allowance that is
needed to pay the increased cost of doing business that is
attributable to the security needs of the modern former
President.
``(e) Widows and Widowers.--The widow or widower of each
modern former President shall be entitled to receive from the
United States a monetary allowance at a rate of $100,000 per
year (subject to paragraph (4)), payable monthly by the
Secretary of the Treasury, if such widow or widower shall
waive the right to each other annuity or pension to which she
or he is entitled under any other Act of Congress. The
monetary allowance of such widow or widower--
``(1) commences on the day after the modern former
President dies;
``(2) terminates on the last day of the month before such
widow or widower dies;
``(3) is not payable for any period during which such widow
or widower holds an appointive or elective office or position
in or under the Federal Government to which is attached a
rate of pay other than a nominal rate; and
``(4) shall, after its commencement date, be increased at
the same time that, and by the same percentage by which,
annuities of modern former Presidents are increased under
subsection (c).
``(f) Definition.--In this section, the term `modern former
President' means a person--
``(1) who shall have held the office of President of the
United States of America;
``(2) whose service in such office shall have terminated--
``(A) other than by removal pursuant to section 4 of
article II of the Constitution of the United States of
America; and
``(B) after the date of enactment of the Presidential
Allowance Modernization Act of 2019; and
``(3) who does not then currently hold such office.''.
(b) Technical and Conforming Amendments.--The Former
Presidents Act of 1958 is amended--
(1) in section 1(f)(2), as designated by this section--
(A) by striking ``terminated other than'' and inserting the
following: ``terminated--
``(A) other than''; and
(B) by adding at the end the following:
``(B) on or before the date of enactment of the
Presidential Allowance Modernization Act of 2019; and''; and
(2) in section 3, as redesignated by this section--
(A) by inserting after the section enumerator the
following: ``authorization of appropriations.''; and
(B) by inserting ``or modern former President'' after
``former President'' each place that term appears.
SEC. 1093. RULE OF CONSTRUCTION.
Nothing in this subtitle or an amendment made by this
subtitle shall be construed to affect--
(1) any provision of law relating to the security or
protection of a former President or modern former President,
or a member of the family of a former President or modern
former President; or
(2) funding, under the Former Presidents Act of 1958 or any
other law, to carry out any provision of law described in
paragraph (1).
[[Page S3500]]
SEC. 1094. APPLICABILITY.
Section 2 of the Former Presidents Act of 1958, as added by
section 1092(a)(3) of this subtitle, shall not apply to--
(1) any individual who is a former President on the date of
enactment of this Act; or
(2) the widow or widower of an individual described in
paragraph (1).
______
SA 440. Mr. BLUNT (for himself, Mr. Hawley, and Mr. Manchin)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. SILVER STAR SERVICE BANNER DAY.
(a) Findings.--Congress finds the following:
(1) Congress is committed to honoring the sacrifices of
wounded and ill members of the Armed Forces.
(2) The Silver Star Service Banner recognizes the members
of the Armed Forces and veterans who were wounded or became
ill while serving in combat for the United States.
(3) The sacrifices made by members of the Armed Forces and
veterans on behalf of the United States should never be
forgotten.
(4) May 1 is an appropriate date to designate as ``Silver
Star Service Banner Day''.
(b) Designation.--
(1) In general.--Chapter 1 of title 36, United States Code,
is amended by adding at the end the following:
``Sec. 146. Silver Star Service Banner Day
``(a) Designation.--May 1 is Silver Star Service Banner
Day.
``(b) Proclamation.--The President is requested to issue
each year a proclamation calling on the people of the United
States to observe Silver Star Service Banner Day with
appropriate programs, ceremonies, and activities.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by inserting
after the item relating to section 145 the following:
``146. Silver Star Service Banner Day.''.
______
SA 441. Mr. BARRASSO submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3__. PUBLIC AUCTION FOR CH-46E SURPLUS SPARE PARTS.
The Secretary of Defense shall direct the Defense Logistics
Agency to catalog and release CH-46E surplus spare parts for
public auction.
______
SA 442. Mr. MORAN (for himself, Mr. Roberts, and Mr. Tester)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title [_____], insert the
following:
SEC. ____. MODIFICATION TO FIRST DIVISION MONUMENT.
(a) Authorization.--
(1) In general.--The Society of the First Infantry
Division, an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of that Code, may make modifications,
including construction of additional plaques and stone
plinths on which to put plaques, to the First Division
Monument located on Federal land in President's Park in the
District of Columbia that was set aside for memorial purposes
of the First Infantry Division, to honor the members of the
First Infantry Division who made the ultimate sacrifice
during United States operations, including Operation Desert
Storm, Operation Iraqi Freedom and New Dawn, and Operation
Enduring Freedom.
(2) Collaboration.--The First Infantry Division at the
Department of the Army shall collaborate with the Department
of Defense to provide to the Society of the First Infantry
Division the list of names to be added to the First Division
Monument under paragraph (1).
(b) Nonapplicability of Commemorative Works Act.--Section
8903(b) of title 40, United States Code (commonly known as
the ``Commemorative Works Act''), shall not apply to any
activity carried out pursuant to subsection (a).
(c) Funding.--Federal funds may not be used to pay any
expense of the activities of the Society of the First
Infantry Division authorized by this section.
______
SA 443. Mr. MORAN (for himself and Mr. Tester) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. ESTABLISHMENT OF MODELING FOR DETERMINING ADVERSE
EFFECT BY WIND TURBINES ON AIR COMMERCE,
MILITARY TRAINING ROUTES, OR SPECIAL USE
AIRSPACE.
(a) Analytical Model.--
(1) In general.--Not later than September 30, 2021, the
Secretary of Defense, in coordination with the Secretary of
Transportation and the heads of such other Federal agencies
as the Secretary of Defense considers appropriate, shall
develop and establish a wind turbine structure contour
analytical model that shall consider and analyze wind turbine
structures that interfere with air commerce, military
training routes, or special use airspace.
(2) Elements.--The wind turbine structure contour
analytical model required under paragraph (1) shall include
an analysis of the following:
(A) The height and blade dimension of wind turbine
structures, the energy generated by such structures, and
other factors relating to such structures as the Secretary of
Defense determines appropriate.
(B) Topographical and environmental considerations
associated with the location of wind turbine projects.
(C) The impact of individual wind turbine structures and
the combined impact of proposed and existing wind turbine
structures within a 50-mile radius of commercial or military
airfields or military training routes, including the amount
and pattern of turbulence from a single wind turbine
structure in a horizontal and vertical direction.
(D) The proximity of wind turbine structures to general
aviation, commercial or military training routes,
installations of the Department of Defense, and special use
airspace.
(E) The impact of wind turbine structure operation,
individually or collectively, on--
(i) approach and departure corridors;
(ii) established military training routes;
(iii) radar for the National Weather Service;
(iv) radar for air traffic control;
(v) instrumented landing systems; and
(vi) other factors, as determined by the Administrator of
the Federal Aviation Administration and the Secretary of
Defense.
(b) Certification of Projects.--On and after the date on
which the analytical model under subsection (a) is
established, no wind turbine structure may be built, and no
wind turbine project may be carried out, unless the Secretary
of Defense, in coordination with the Secretary of
Transportation, certifies through the use of such analytical
model that such structure or project will have no adverse
effect on air commerce, military training routes, or special
use airspace.
(c) Report.--Not later than July 31, 2020, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
progress of the establishment of the analytical model
required under subsection (a), including any requirements
needed to complete the model by September 30, 2021.
______
SA 444. Mr. MORAN (for himself and Mr. Peters) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title VI, add the following:
SEC. 644. REPORT ON THE MORALE, WELFARE, AND RECREATION
PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth the results of a review, conducted for purposes
of the report, of the Morale, Welfare and Recreation (MWR)
programs and activities of the Department. The purpose of the
review is to identify means and mechanisms by which to
improve such programs and activities.
(b) Means and Mechanisms.--The means and mechanisms
identified pursuant to the review required for purposes of
the report under subsection (a) shall include means and
mechanisms to achieve the following:
(1) Increased participation in Morale, Welfare, and
Recreation programs and activities
[[Page S3501]]
by members of the Armed Forces and their families.
(2) Enhanced relationships between the Armed Forces and
local businesses and community members that contribute, or
could contribute, to such programs and activities.
(3) Introduction of members and their families to new
activities within such programs and activities.
(4) Enhancement of a sense of purpose for members outside
of their military duty.
(5) Enhancement of the ability of members and their
families to enjoy free time in a fulfilling manner.
(6) Development and expansion of services and activities
that develop and improve skills such as creativity and
teamwork.
(7) Development and expansion of services and activities
that encourage members and their families to travel.
(8) Such other objectives as the Secretary considers
appropriate for purposes of the review.
______
SA 445. Ms. ERNST (for herself, Ms. Duckworth, and Mrs. Capito)
submitted an amendment intended to be proposed by her to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING
CONTRACTS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 8 (15 U.S.C. 637)--
(A) in subsection (a)(1)(D)(i)(II), by striking
``$5,000,000'' and inserting ``$7,000,000''; and
(B) in subsection (m)--
(i) in paragraph (7)(B)(i), by striking ``$6,500,000'' and
inserting ``$7,000,000''; and
(ii) in paragraph (8)(B)(i), by striking ``$6,500,000'' and
inserting ``$7,000,000'';
(2) in section 31(b)(2)(A)(ii)(I) (15 U.S.C.
657a(b)(2)(A)(ii)(I)), by striking ``$5,000,000'' and
inserting ``$7,000,000''; and
(3) in section 36(a)(2)(A) (15 U.S.C. 657f(a)(2)(A)), by
striking ``$5,000,000'' and inserting ``$7,000,000''.
______
SA 446. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TREATMENT OF LAW FIRM MERGERS AS COVERED
TRANSACTIONS BY COMMITTEE ON FOREIGN INVESTMENT
IN THE UNITED STATES.
Section 721(a)(4)(B)(i) of the Defense Production Act of
1950 (50 U.S.C. 4565(a)(4)(B)(i)) is amended by striking
``takeover carried out through a joint venture.'' and
inserting the following: ``takeover--
``(I) carried out through a joint venture; or
``(II) that could result in foreign control of a United
States business that provides legal services.''.
______
SA 447. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XIV, add the following:
SEC. 1412. ASSESSMENT OF RARE EARTH SUPPLY CHAIN ISSUES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Defense Logistics Agency, shall submit to
Congress a report assessing issues relating to the supply
chain for rare earth materials.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the rare earth materials in the
reserves held by the United States.
(2) A estimate of the needs of the United States for such
materials--
(A) in general; and
(B) to support a major near-peer conflict such as is
outlined in war game scenarios included in the 2018 National
Defense Strategy.
(3) An assessment of the extent to which substitutes for
such materials are available.
______
SA 448. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. ALLOWING CLAIMS AGAINST THE UNITED STATES FOR
INJURY AND DEATH OF MEMBERS OF THE ARMED FORCES
CAUSED BY IMPROPER MEDICAL CARE.
(a) In General.--Chapter 171 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 2681. Claims against the United States for injury and
death of members of the Armed Forces
``(a) In this section--
``(1) the term `Armed Forces' has the meaning given the
term in section 101 of title 38; and
``(2) the term `covered military medical treatment
facility'--
``(A) means the facilities described in subsections (b),
(c), and (d) of section 1073d of title 10, regardless of
whether the facility is located in or outside the United
States; and
``(B) does not include battalion aid stations or other
medical treatment locations deployed in an area of armed
conflict.
``(b) A claim may be brought against the United States
under this chapter for damages for personal injury or death
of a member of the Armed Forces arising out of a negligent or
wrongful act or omission in the performance of medical,
dental, or related health care functions (including clinical
studies and investigations) that is provided at a covered
military medical treatment facility by a person acting within
the scope of the office or employment of that person by or at
the direction of the Government of the United States and
shall be exclusive of any other civil action or proceeding by
reason of the same subject matter against such person (or the
estate of such person) whose act or omission gave rise to the
action or proceeding.
``(c) A claim under this section shall not be reduced by
the amount of any benefit received under subchapter III
(relating to Servicemembers' Group Life Insurance) of chapter
19 of title 38.
``(d) Notwithstanding section 2401(b)--
``(1) except as provided in paragraph (2), a claim arising
under this section may not be commenced later than 3 years
after the date on which the claimant discovered, or by
reasonable diligence should have discovered, the injury and
the cause of the injury; and
``(2) with respect to a claim pending before the date of
enactment of this section, the limitations period described
in paragraph (1) shall begin on the date of enactment of this
section.
``(e) For purposes of claims brought under this section--
``(1) subsections (j) and (k) of section 2680 shall not
apply; and
``(2) in the case of an act or omission occurring outside
the United States, the law of the place where the act or
omission occurred shall be deemed to be the law of the State
of domicile of the claimant.
``(f) Not later than 2 years after the date of the
enactment of this section, and every 2 years thereafter, the
Secretary of Defense shall submit to Congress a report on the
number of claims filed under this section.''.
(b) Clerical Amendment.--The table of sections for chapter
171 of title 28, United States Code, is amended by adding at
the end the following:
``2681. Claims against the United States for injury and death of
members of the Armed Forces.''.
(c) Effective Date.--This section and the amendments made
by this section shall apply to--
(1) a claim arising on or after the date of the enactment
of this Act; and
(2) a pending claim arising before the date of the
enactment of this Act.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to limit
the application of the administrative process and procedures
of chapter 171 of title 28, United States Code, to claims
permitted under section 2681, as added by this section.
______
SA 449. Mr. MORAN (for himself, Mr. Tester, and Mr. Warner) submitted
an amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title XVI, add the following:
SEC. ___. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER RED
TEAM CAPABILITIES, CAPACITY, DEMAND, AND
REQUIREMENTS.
(a) Joint Assessment Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, in coordination with the Chief Information
Officer of the Department of Defense, Principal Cyber
Advisor, and the Director of Operational Test and
Evaluation--
(1) conduct a joint assessment of Department cyber red team
capabilities, capacity,
[[Page S3502]]
demand, and future requirements that affect the Department's
ability to develop, test, and maintain secure systems in a
cyber environment; and
(2) brief the congressional defense committees on the
results of the joint assessment.
(b) Elements.--The joint assessment required by subsection
(a)(1) shall--
(1) specify demand for cyber red team support for
acquisition and operations;
(2) specify shortfalls in meeting demand and future
requirements, disaggregated by the Department of Defense and
by each of the military departments;
(3) examine funding and retention initiatives to increase
cyber red team capacity to meet demand and future
requirements identified to support the testing, training, and
development communities;
(4) examine the feasibility and benefit of developing and
procuring a common Red Team Integrated Capabilities Stack
that better utilizes increased capacity of cyber ranges and
better models the capabilities and tactics, techniques, and
procedures of adversaries;
(5) examine the establishment of oversight and assessment
metrics for Department cyber red teams;
(6) assess the implementation of common development for
tools, techniques, and training;
(7) assess potential industry and academic partnerships and
services;
(8) assess the mechanisms and procedures in place to
deconflict red-team activities and defensive cyber operations
on active networks;
(9) assess the use of Department cyber personnel in
training as red team support;
(10) assess the use of industry and academic partners and
contractors as red team support and the cost- and resource-
effectiveness of such support; and
(11) assess the need for permanent, high-end dedicated red-
teaming activities to model sophisticated adversaries'
attacking critical Department systems and infrastructure.
______
SA 450. Mr. MORAN (for himself and Mr. Tester) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. ESTABLISHMENT OF MODELING FOR DETERMINING ADVERSE
EFFECT BY WIND TURBINES ON AIR COMMERCE,
MILITARY TRAINING ROUTES, OR SPECIAL USE
AIRSPACE.
(a) Analytical Model.--
(1) In general.--Not later than September 30, 2021, the
Secretary of Defense, in coordination with the Secretary of
Transportation and the heads of such other Federal agencies
as the Secretary of Defense considers appropriate, shall
develop and establish a wind turbine structure contour
analytical model that shall consider and analyze wind turbine
structures that interfere with air commerce, military
training routes, or special use airspace.
(2) Elements.--The wind turbine structure contour
analytical model required under paragraph (1) shall include
an analysis of the following:
(A) The height and blade dimension of wind turbine
structures, the energy generated by such structures, and
other factors relating to such structures as the Secretary of
Defense determines appropriate.
(B) Topographical and environmental considerations
associated with the location of wind turbine projects.
(C) The impact of individual wind turbine structures and
the combined impact of proposed and existing wind turbine
structures within a 50-mile radius of commercial or military
airfields or military training routes, including the amount
and pattern of turbulence from a single wind turbine
structure in a horizontal and vertical direction.
(D) The proximity of wind turbine structures to general
aviation, commercial or military training routes,
installations of the Department of Defense, and special use
airspace.
(E) The impact of wind turbine structure operation,
individually or collectively, on--
(i) approach and departure corridors;
(ii) established military training routes;
(iii) radar for the National Weather Service;
(iv) radar for air traffic control;
(v) instrumented landing systems; and
(vi) other factors, as determined by the Administrator of
the Federal Aviation Administration and the Secretary of
Defense.
(b) Certification of Projects.--On and after the date on
which the analytical model under subsection (a) is
established, no wind turbine structure may be built, and no
wind turbine project may be carried out, unless the Secretary
of Defense, in coordination with the Secretary of
Transportation, certifies through the use of such analytical
model that such structure or project will have no adverse
effect on air commerce, military training routes, or special
use airspace.
(c) Report.--Not later than July 31, 2020, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
progress of the establishment of the analytical model
required under subsection (a), including any requirements
needed to complete the model by September 30, 2021.
______
SA 451. Ms. DUCKWORTH submitted an amendment intended to be proposed
by her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. SENSE OF SENATE ON PRIORITIZING SURVIVABLE
LOGISTICS FOR THE DEPARTMENT OF DEFENSE.
It is the sense of the Senate that--
(1) resilient and agile logistics are necessary to
implement the 2018 National Defense Strategy because it
enables the United States to project power and sustain the
fight against its strategic competitors in peacetime and
during war;
(2) the joint logistics enterprise of the Armed Forces of
the United States faces high-end threats from strategic
competitors China, Russia, and Iran, all of whom have
invested in anti-access area denial capabilities and gray
zone tactics;
(3) there are significant logistics shortfalls, as outlined
in the November 2018 final report of the Defense Science
Board (DSB) Task Force on Survivable Logistics, which, if
left unaddressed, would hamper the readiness and ability of
the Armed Forces of the United States to conduct operations
globally;
(4) since the military departments have not shown a strong
commitment to funding logistics, the Secretary of Defense
should review the full list of recommendations listed in the
report described in paragraph (3) and address the chronic
underfunding of logistics relative to other priorities of the
Department of Defense.
______
SA 452. Mr. UDALL (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XXXII, add the following:
SEC. 3204. HEALTH AND SAFETY OF EMPLOYEES AND CONTRACTORS OF
DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
Section 312(a) of the Atomic Energy Act of 1954 (42 U.S.C.
2286a(a)) is amended by inserting before the period at the
end the following: ``, including with respect to the health
and safety of employees and contractors at such facilities''.
SEC. 3205. ACCESS OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD
TO FACILITIES, PERSONNEL, AND INFORMATION.
Section 314 of the Atomic Energy Act of 1954 (42 U.S.C.
2286c) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Energy'' and inserting
``Except as specifically provided by this section, the
Secretary of Energy'';
(B) by striking ``ready access'' both places it appears and
inserting ``prompt and unfettered access''; and
(C) by adding at the end the following new sentence: ``The
access provided to facilities, personnel, and information
under this subsection shall be provided without regard to the
hazard or risk category assigned to a facility by the
Secretary.''; and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Authority of Secretary Deny Information.--The
Secretary may only deny access to information pursuant to
subsection (a)--
``(1) to any person who--
``(A) has not been granted an appropriate security
clearance or access authorization by the Secretary; or
``(B) does not need such access in connection with the
duties of such person; or
``(2) if such denial is authorized by a provision of
Federal law that specifically limits the right of the Board
to access such information.
``(c) Application of Nondisclosure Protections by Board.--
The Board may not publicly disclose information provided
under this section if such information is otherwise protected
from disclosure by law, including deliberative process
information.''.
______
SA 453. Mr. UDALL (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
[[Page S3503]]
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XXXII, add the following:
SEC. 3204. SUSPENSION OF DEPARTMENT OF ENERGY ORDER 140.1.
The Secretary of Energy shall suspend implementation of
Department of Energy Order 140.1 (relating to interface with
the Defense Nuclear Facilities Safety Board) until the
Comptroller General of the United States submits to Congress
the results of the review of that Order conducted by the
Comptroller General pursuant to the direction of the
Committee on Armed Services of the Senate in Senate Report
116-48.
______
SA 454. Mr. UDALL (for himself, Mr. Rounds, Mr. Peters, Mr. Moran,
Mr. Heinrich, Mrs. Capito, Ms. Baldwin, Ms. Ernst, Mr. Tester, Mr.
Roberts, and Mrs. Murray) submitted an amendment intended to be
proposed by him to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title V, add the following:
SEC. 512. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES
FOR MATERNITY LEAVE TAKEN BY MEMBERS OF THE
RESERVE COMPONENTS.
(a) Compensation.--Section 206(a) of title 37, United
States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding the end the following new paragraph:
``(4) for each of 6 days in connection with the taking by
the member of a period of maternity leave.''.
(b) Credit for Retired Pay Purposes.--
(1) In general.--The period of maternity leave taken by a
member of the reserve components of the Armed Forces in
connection with the birth of a child shall count toward the
member's entitlement to retired pay, and in connection with
the years of service used in computing retired pay, under
chapter 1223 of title 10, United States Code, as 12 points.
(2) Separate credit for each period of leave.--Separate
crediting of points shall accrue to a member pursuant to this
subsection for each period of maternity leave taken by the
member in connection with a childbirth event.
(3) When credited.--Points credited a member for a period
of maternity leave pursuant to this subsection shall be
credited in the year in which the period of maternity leave
concerned commences.
(4) Contribution of leave toward entitlement to retired
pay.--Section 12732(a)(2) of title 10, United States Code, is
amended by inserting after subparagraph (E) the following new
subparagraph:
``(F) Points at the rate of 12 a year for the taking of
maternity leave.''.
(5) Computation of years of service for retired pay.--
Section 12733 of such title is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph (5):
``(5) One day for each point credited to the person under
subparagraph (F) of section 12732(a)(2) of this title.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on the date of the
enactment of this Act, and shall apply with respect to
periods of maternity leave that commence on or after that
date.
______
SA 455. Mr. WHITEHOUSE (for himself, Mr. Cotton, Mr. Braun, and Mr.
Jones) submitted an amendment intended to be proposed by him to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. ELIMINATION OF WAITING PERIOD FOR SOCIAL SECURITY
DISABILITY INSURANCE BENEFITS FOR DISABLED
INDIVIDUALS WITH AMYOTROPHIC LATERAL SCLEROSIS
(ALS).
(a) In General.--Section 223(a)(1) of the Social Security
Act (42 U.S.C. 423(a)(1)) is amended in the matter following
subparagraph (E) by striking ``or (ii)'' and inserting ``(ii)
in the case of an individual who has been medically
determined to have amyotrophic lateral sclerosis, for each
month beginning with the first month during all of which the
individual is under a disability and in which the individual
becomes entitled to such insurance benefits, or (iii)''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to applications for disability
insurance benefits filed after the date of the enactment of
this Act.
______
SA 456. Mr. TESTER (for himself and Mr. Moran) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 360. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE PROFICIENCY
IN READINESS REPORTING SYSTEMS OF DEPARTMENT OF
DEFENSE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of each
military department shall include in the Global Readiness and
Force Management Enterprise, for the appropriate billets with
relevant foreign language requirements, measures of foreign
language proficiency as a mandatory element of unit readiness
reporting, to include the Defense Readiness Reporting
Systems-Strategic (DRRS-S) and all other subordinate systems
that report readiness data.
______
SA 457. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. ENERGETICS PLAN.
(a) Plan Required.--The Under Secretary of Defense for
Research and Engineering shall, in coordination with the
technical directors at defense laboratories and such other
officials as the Under Secretary considers appropriate,
develop an energetics research and development plan to ensure
a long-term multi-domain research, development, prototyping,
and experimentation effort that--
(1) maintains United States technological superiority in
energetics technology critical to national security;
(2) efficiently develops new energetics technologies and
transitions them into operational use, as appropriate; and
(3) maintains a robust industrial base and workforce to
support Department of Defense requirements for energetic
materials.
(b) Briefing.--Not later than one year after the date of
the enactment of this Act, the Under Secretary shall brief
the congressional defense committees on the plan developed
under subsection (a).
______
SA 458. Mr. SCOTT of Florida submitted an amendment intended to be
proposed by him to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title VIII, add the following:
SEC. 866. REPORT ON CONTRACTS WITH ENTITIES AFFILIATED WITH
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA OR THE CHINESE COMMUNIST PARTY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing all
Department of Defense contracts with companies or business
entities that are owned or operated by, or affiliated with,
the Government of the People's Republic of China or the
Chinese Communist Party.
______
SA 459. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ANNUAL LIST OF SBIR AWARDS.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended by adding at the end the following:
``(vv) Annual List of Low Participation States.--Each
Federal agency participating in the SBIR program shall
include in the report required under subsection (b)(7), for
the preceding 12-month period--
[[Page S3504]]
``(1) a list of the number of SBIR awards provided to small
business concerns in each State; and
``(2) a plan to increase the number of SBIR applications
submitted by small business concerns located in the 20 States
listed under paragraph (1) with the lowest number of SBIR
awards.''.
______
SA 460. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, add the
following:
SEC. ____. USE OF COST SAVINGS REALIZED FROM
INTERGOVERNMENTAL SERVICES AGREEMENTS FOR
INSTALLATION-SUPPORT SERVICES.
(a) Requirement.--Section 2679 of title 10, United States
Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Use of Cost Savings Realized.--(1) With respect to a
fiscal year in which cost savings are realized as a result of
entering into an agreement under this section for a military
installation, the Secretary concerned shall make not less
than 25 percent of the amount of such savings available for
use by the commander of the installation to carry out
activities described in section 2667(e)(1)(C) of this title.
``(2) Not later than 90 days after the Secretary concerned
determines that cost savings will result from an agreement
under this section, the Secretary concerned shall certify to
the congressional defense committees the amount of the cost
savings.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2020 and each
subsequent fiscal year.
______
SA 461. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 342. REPORT ON PLAN OF DEPARTMENT OF DEFENSE TO PROVIDE
RDX AND HMX POWDER TO MANUFACTURERS IN THE
UNITED STATES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the plan of the Department of Defense to provide
RDX powder and HMX powder in the possession of the Department
of Defense to manufacturers in the United States.
______
SA 462. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXX, add the following:
SEC. 3057. TESTING OF HOUSING ON MILITARY INSTALLATIONS FOR
LEAD CONTAMINATION.
(a) In General.--The Secretary of Defense shall ensure that
all housing on an installation of the Department of Defense
is tested for lead contamination.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on how to improve the living
facilities for members of the Armed Forces and their families
who are living in housing with lead contamination on an
installation of the Department.
______
SA 463. Mr. SULLIVAN (for himself, Ms. Baldwin, and Ms. Murkowski)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1019. CONTRACTS FOR OVERHAUL, REPAIR, AND MAINTENANCE OF
NAVAL VESSELS IN NON-COASTWIDE SHIPYARDS.
Section 8669a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) The Secretary of the Navy may award a contract for
the overhaul, repair, or maintenance of a naval vessel to a
firm that is located in a non-coastwide area outside the area
of the homeport of the vessel, including a yard in Alaska,
the Great Lakes or the Gulf Coast, if the Secretary
determines that such an award will--
``(1) reduce the vessel maintenance backlog of the Navy;
``(2) improve fleet readiness; and
``(3) support the operational needs of the Navy.''.
______
SA 464. Mr. CORNYN (for himself, Mr. Rubio, Mr. Cassidy, and Mr.
Cruz) submitted an amendment intended to be proposed by him to the bill
S. 1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1290. SECURITY PROMOTION IN CENTRAL AMERICA.
(a) Short Title.--This section may be cited as the
``Central America Security Partnership Act of 2019''.
(b) Special Envoy for Central America.--Not later than 180
days after the date of the enactment of this section, the
President shall appoint a Special Envoy for Central America.
The Special Envoy shall serve for one three-year term.
(c) Strategy.--
(1) In general.--Not later than 210 days after the date of
the enactment of this section, the Special Envoy, in
consultation with the Secretary of State, the Secretary of
Homeland Security, the Secretary of Defense, the Director of
National Intelligence, the Attorney General, and the Director
of the Office of National Drug Control Policy, shall submit
to the appropriate congressional committees a strategy to--
(A) reduce the flow of narcotics into the United States and
combat the influence of Transnational Criminal Organizations
through law enforcement and cooperation with international
partners;
(B) strengthen democratic institutions, rule of law, anti-
corruption, and human rights efforts in Central America; and
(C) curtail unauthorized immigration to the United States
by addressing the root causes of migration in Central
America.
(2) Activities.--The strategy developed under this
subsection shall include the following activities:
(A) Support anti-corruption efforts that strengthen the
capacities of law enforcement, the justice sector, and
financial institutions.
(B) Establish and reinforce regional counternarcotics
trafficking initiatives to interdict the flow of narcotics,
including fentanyl and fentanyl precursors and analogs, to
the United States.
(C) Establish a multilateral Commission against Illicit
Opioids and International Organized Crime among the United
States, Mexico, Central American, and South American
countries to regularly review results of enhanced law
enforcement and justice cooperation.
(D) Create a regional commission for the Northern Triangle
to coordinate anti-corruption initiatives that strengthen
domestic institutions and provide technical assistance to
local prosecutors.
(E) Support Federal, local, and community-based crime and
violence prevention efforts.
(F) Assess port security and opportunities to promote trade
through enhanced partnership, leadership training, technology
modernization, and trusted trader programs.
(G) Establish and reinforce reintegration programs for
repatriated persons that reduce the likelihood for repeated
migration to the United States.
(H) Develop a market-based approach to investment and
development that identifies opportunities for private
investment and roles for the United States International
Development Finance Corporation, the Millennium Challenge
Corporation, and the United States Agency for International
Development.
(I) Promote the establishment and supervision of effective
tax collection and enforcement systems.
(J) Identify opportunities for regional and international
partnerships.
(K) Provide a comprehensive assessment of the current
sanctions regime and make recommendations for the most
efficient use of sanctions to deter corruption, insecurity,
and the key drivers of migration.
(L) Assess the resources necessary to promote the strategy.
(M) Provide legislative recommendations necessary to
achieve the strategy.
(d) Report.--At the same time as the Special Envoy submits
the strategy required under subsection (c), the Special Envoy
shall submit to the appropriate congressional
[[Page S3505]]
committees a comprehensive report on current United States-
funded Central American aid programs. The report shall--
(1) identify all United States-funded Central American aid
programs;
(2) consider whether each program is consistent with the
strategy;
(3) provide measurable outcomes on progress made by
existing programs; and
(4) recommend whether each program should be maintained,
modified, or eliminated.
(e) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, the Select Committee on Intelligence,
the Committee on the Judiciary, the Committee on Finance, the
Committee on Appropriations, and the Caucus on International
Narcotics Control of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Homeland Security, the
Permanent Select Committee on Intelligence, the Committee on
the Judiciary, and the Committee on Appropriations of the
House of Representatives.
______
SA 465. Ms. McSALLY submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. NATIONAL CENTER FOR EXCELLENCE FOR PATHOGEN AND
MICROBIOME ANALYSIS.
(a) Designation.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Defense Threat
Reduction Agency shall designate an existing research entity
as a National Center of Excellence for Pathogen and
Microbiome Analysis.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $12,500,000 to carry out this section.
______
SA 466. Ms. McSALLY submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
SEC. 1290. IMPROVING ACCESS TO COUNTRY-SPECIFIC INFORMATION
RELATING TO ASYLUM CLAIMS.
(a) Annual Country Conditions Report.--
(1) In general.--The Secretary of State, in coordination
with the Secretary of Defense shall compile an annual report
that objectively identifies, for each country from which a
national submitted an application for asylum under section
208 of the Immigration and Nationality Act (8 U.S.C. 1158)
during the most recent fiscal year, any conditions within
such country that would support a claim that a national of
such country would be unable or unwilling to return to such
country due to a well-founded fear of persecution on account
of race, religion, nationality, membership in a particular
social group, or political opinion.
(2) Personnel.--The Secretary of State shall ensure that
sufficient personnel in the Department of State are available
to compile the report required under paragraph (1).
(b) Review of Credible Fear Claims and Asylum
Applications.--
(1) In general.--The Director of U.S. Citizenship and
Immigration Services shall provide all credible fear claims
and asylum applications to the Secretary of State for review.
(2) Additional information.--The Chief Immigration Judge of
the Executive Office for Immigration Review or the Director
of U.S. Citizenship and Immigration Services may request that
the Secretary of State provide information pertaining to the
conditions in the country of origin for consideration in
asylum processing, including examples that do or do not meet
asylum standards. The Secretary of State shall respond to the
judge or Director not later than 14 days after receiving a
request under this paragraph.
(c) Use of Country-specific Information Received From the
Secretary of State.--Asylum officers and immigration judges
shall consider any information compiled or provided by the
Secretary of State under subsections (a) and (b) before
making a determination regarding credible fear claims in
conjunction with an application for asylum under section 208
of the Immigration and Nationality Act (8 U.S.C. 1158).
______
SA 467. Ms. McSALLY submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. INCLUSION UNDER THE RADIATION EXPOSURE
COMPENSATION ACT.
Section 4(b)(1)(C) of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note; Public Law 101-426) is amended by
inserting ``all acreage in any county all or part of which is
located in'' before ``that part''.
______
SA 468. Ms. McSALLY submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. RULE REGARDING MEMBERS OF THE ARMED FORCES
PARTICIPATING IN THE SKILLBRIDGE PROGRAM.
(a) In General.--No member of the Armed Forces who
participates in, or affiliates or associates with, the
SkillBridge program shall be subject to the laws described in
subsection (b) in connection with participating in, or
affiliating or associating with, such program.
(b) Labor Laws.--The laws described in this subsection are
each of the following:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) Subchapter IV of chapter 31 of title 40, United States
Code.
(3) Chapter 67 of title 41, United States Code.
(4) Chapter 37 of title 40, United States Code.
(c) Definition of SkillBridge Program.--In this section,
the term ``SkillBridge program'' means any program of job
training and employment skills training for members of the
Armed Forces pursuant to section 1143(e) of title 10, United
States Code.
______
SA 469. Mr. HAWLEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XVI, insert the
following:
SEC. 1668. REPORTS BY MILITARY DEPARTMENTS ON OPERATION OF
CONVENTIONAL FORCES UNDER EMPLOYMENT OR THREAT
OF EMPLOYMENT OF NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Air Force,
the Secretary of the Army, the Secretary of the Navy, and the
Commandant of the Marine Corps shall each submit to the
congressional defense committees a report detailing the
measures taken by the appropriate Secretary or the Commandant
to ensure the ability of conventional forces to operate
effectively under employment or threat of employment of
nuclear weapons by the United States, an ally of the United
States, or an adversary of the United States.
(b) Form of Report.--Each report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
SEC. 1669. REPORTS BY UNITED STATES EUROPEAN COMMAND AND
UNITED STATES INDO-PACIFIC COMMAND ON OPERATION
OF CERTAIN CONVENTIONAL FORCES UNDER EMPLOYMENT
OR THREAT OF EMPLOYMENT OF NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Commander of the United States
European Command and the Commander of the United States Indo-
Pacific Command, in consultation with the Commander of the
United States Strategic Command, shall each submit to the
congressional defense committees a report detailing the
measures taken by the Commander to ensure the ability of
conventional forces under the authority of the Commander to
execute contingency plans under employment or threat of
employment of nuclear weapons by the United States, an ally
of the United States, or an adversary of the United States.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
______
SA 470. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department
[[Page S3506]]
of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 520. PRIORITY AND EMPHASIS IN PROMOTION OF MEMBERS OF
THE ARMED FORCES FOR BILLET-RELATED SKILLS AND
TRAINING, OPERATIONAL EXPERIENCE, AND
DECORATIONS.
(a) Priority and Emphasis.--Commencing not later than 180
days after the date of the enactment of this Act, promotion
selection boards, in the case of officers, and personnel
responsible for determinations regarding promotions, in the
case of other members, shall afford an enhanced priority and
emphasis in the promotion of members of the Armed Forces for
skills, training, and other matters specified in subsection
(b) when compared with civilian education and matters not
specified in that subsection.
(b) Specified Skills, Training, and Other Matters.--The
skills, training, and other matters specified in this
subsection are the following:
(1) Billet-related skills.
(2) Billet-related training.
(3) Operational experience.
(4) Decoration and awards.
(c) Guidance.--Promotion selection boards and personnel
responsible for determinations regarding promotion of members
of the Armed Forces shall carry out subsection (a) in
accordance with guidance issued by the Secretary of the
military department concerned for purposes of this section.
Such guidance shall specify the extent of the priority and
emphasis to be afforded by promotion selection boards and
such personnel in the promotion of members, and the manner in
which such priority and emphasis is to be afforded.
______
SA 471. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 520. PREFERENCE IN PROMOTION AND RETENTION OF MEMBERS OF
THE ARMED FORCES FOR EXPERIENCE CREDITABLE
TOWARD A CAMPAIGN, COMBAT, OR VALOR AWARD.
(a) Preference in Promotion of Officers.--
(1) Authority for promotion boards to assign preference.--
Section 616 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h)(1) In selecting the officers to be recommended for
promotion, a selection board may, when authorized by the
Secretary of the military department concerned, assign such
preference in placement on the promotion list promulgated by
the Secretary under section 624(a)(1) of this title to
officers who have operational experience as the board
considers appropriate in accordance with the guidance issued
pursuant to paragraph (3).
``(2) In this subsection, the term `operational
experience', in the case of an officer, means service of the
officer that is creditable toward the award of a campaign,
combat, or valor medal, ribbon, or device.
``(3) Each Secretary of a military department shall issue
guidance for the administration of this subsection by
selection boards under the jurisdiction of such Secretary.
The guidance shall specify the extent of the preference to be
assigned an officer for particular periods of operational
experience, and shall provide that an officer shall be
assigned one month of operational experience for each month
in which the officer performs any service constituting
operational experience.''.
(2) Appearance on promotion lists.--Section 624(a)(1) of
such title is amended by inserting ``, except such officers
who were approved by the President and recommended by the
board to be assigned preference of placement on the promotion
list under section 616(h) of this title as these officers
shall be placed on the promotion list in accordance with the
preference so assigned by the board'' after ``officers on the
active-duty list''.
(b) Preference in Retention of Officers.--Each Secretary of
a miliary department shall issue guidance under which
officers (other than warrant officers) of each Armed Force
under the jurisdiction of such Secretary are afforded such
preference in retention in such Armed Force for operational
experience as such Secretary shall specify in such guidance.
(c) Preference in Retention and Promotion of Warrant
Officers and Enlisted Members.--
(1) In general.--Each Secretary of a miliary department
shall issue guidance under which members of each Armed Force
under the jurisdiction of such Secretary described in
paragraph (2) are afforded such preference in retention and
promotion in such Armed Force for operational experience as
such Secretary shall specify in such guidance.
(2) Covered members.--The members of the Armed Forces
described in this paragraph are the following:
(A) Warrant officers.
(B) Enlisted members.
(d) Guidance.--Each Secretary of a military department
shall issue the guidance required by this section, including
the guidance required for purposes of subsection (h)(3) of
section 616 of title 10, United States Code (as added by
subsection (a)(1)), not later than 60 days after the date of
the enactment of this Act. The guidance shall specify the
extent of the preference to be assigned or afforded a member
in retention or promotion for particular periods of
operational experience, and shall provide that a member shall
be assigned or afforded one month of operational experience
for each month in which the member performs any service
constituting operational experience. The guidance may specify
different preference for members for particular experience
based on grade, and different preference for different
categories of experience.
(e) Operational Experience.--In this section, the term
``operational experience'', in the case of a member of the
Armed Forces, means service of the member that is creditable
toward the award of a campaign, combat, or valor medal,
ribbon, or device.
______
SA 472. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. 589. TERMINATION OF EFFECTIVENESS OF REGULATIONS
PROHIBITING AWARD OF COMBAT-RELATED DECORATIONS
TO MEMBERS OF THE ARMED FORCES SUBJECT TO
SUSPENSION OF FAVORABLE PERSONNEL ACTIONS.
Commencing not later than 90 days after the date of the
enactment of this Act--
(1) any regulation or policy of the Department of Defense
or a military department that prohibits or limits the
presentation or award of a combat-related decoration to a
member of the Armed Forces who is subject to suspension of
favorable personnel actions (commonly referred to as
``flagging'') shall cease to be in effect; and
(2) combat-related decorations shall be presented or
awarded to members of the Armed Forces who are subject to a
suspension of favorable personnel actions without regard to
such regulation or policy as if such members were not such to
a suspension of favorable personnel actions.
______
SA 473. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. 705. AVAILABILITY OF MENTAL HEALTH RESOURCES TO ALL
MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall ensure that mental health
resources of the Department of Defense are made available to
all members of the Armed Forces, including the reserve
components, regardless of the branch of the Armed Forces or
other component under which the member serves.
______
SA 474. Mr. KENNEDY (for himself and Mr. Van Hollen) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. DISCLOSURE REQUIREMENT.
Section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214) is amended by adding at the end the following:
``(i) Disclosure Regarding Foreign Jurisdictions That
Prevent Inspections.--
``(1) Definitions.--In this subsection--
``(A) the term `covered issuer' means an issuer that is
required to file reports under section 13 or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)); and
``(B) the term `non-inspection year' means, with respect to
a covered issuer, a year--
``(i) during which the Commission identifies the covered
issuer under paragraph (2)(A) with respect to every report
described in subparagraph (A) filed by the covered issuer
during that year; and
``(ii) that begins after the date of the enactment of this
subsection.
[[Page S3507]]
``(2) Disclosure to commission.--The Commission shall--
``(A) identify each covered issuer that, with respect to
the preparation of the audit report on the financial
statement of the covered issuer that is included in a report
described in paragraph (1)(A) filed by the covered issuer,
retains a registered public accounting firm that has a branch
or office that--
``(i) is located in a foreign jurisdiction; and
``(ii) the Board is unable to inspect under this section;
and
``(B) require each covered issuer identified under
subparagraph (A) to, in accordance with the rules issued by
the Commission under paragraph (4), submit to the Commission
documentation that establishes that the covered issuer is not
owned or controlled by a governmental entity in the foreign
jurisdiction described in subparagraph (A)(i).
``(3) Trading prohibition after 3 years of non-
inspections.--
``(A) In general.--If the Commission determines that a
covered issuer has 3 consecutive non-inspection years, the
Commission shall prohibit the securities of the covered
issuer from being traded on a national securities exchange or
alternative trading system.
``(B) Removal of initial prohibition.--If, after the
Commission imposes a prohibition on a covered issuer under
subparagraph (A), the covered issuer certifies to the
Commission that the covered issuer has retained a registered
public accounting firm that the Board has inspected under
this section to the satisfaction of the Commission, the
Commission shall end that prohibition.
``(C) Recurrence of non-inspection years.--If, after the
Commission ends a prohibition under subparagraph (B) or (D)
with respect to a covered issuer, the Commission determines
that the covered issuer has a non-inspection year, the
Commission shall prohibit the securities of the covered
issuer from being traded on a national securities exchange or
alternative trading system.
``(D) Removal of subsequent prohibition.--If, after the end
of the 5-year period beginning on the date on which the
Commission imposes a prohibition on a covered issuer under
subparagraph (C), the covered issuer certifies to the
Commission that the covered issuer will retain a registered
public accounting firm that the Board is able to inspect
under this section, the Commission shall end that
prohibition.
``(4) Rules.--Not later than 90 days after the date of
enactment of this subsection, the Commission shall issue
rules that establish the manner and form in which a covered
issuer shall make a submission required under paragraph
(2)(B).''.
______
SA 475. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1045. CRITERIA FOR EX GRATIA PAYMENTS FOR DAMAGES,
PERSONAL INJURIES, AND DEATHS INCIDENT TO
COMBAT OPERATIONS OF THE ARMED FORCES IN A
FOREIGN COUNTRY.
(a) Program of Payments.--The Secretary of Defense shall
establish a program, to be carried out by local United States
military commanders, or other officers or employees of the
Department of Defense designated by the Secretary for that
purpose, to provide, at their discretion, ex gratia payments
for damage, personal injury, or death that is incident to
combat operations of the Armed Forces in a foreign country.
(b) Condition of Payment.--An ex gratia payment made under
the program under this section may be provided only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--An ex gratia payment under the
program under this section shall not be considered an
admission or acknowledgment of any legal obligation to
compensate for any damage, personal injury, or death.
(d) Amounts of Payment.--The amounts of ex gratia payments,
if any, to be made under the program under this section in a
particular location to civilians determined to have suffered
harm incident to combat operations of the Armed Forces in
such location shall be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which
should include such factors as the extent of the harm
suffered, cultural appropriateness, and prevailing economic
conditions in such location.
(e) Legal Advice.--Local military commanders, or other
officers or employees, making ex gratia payments under the
program under this section shall receive legal advice before
making any such payment. The legal advisor providing such
advice shall, in accordance with regulations of the
Department of Defense, advise on whether such a payment is
proper under this section and applicable Department
regulations.
(f) Written Record.--A written record of any ex gratia
payment offered or denied under the program under this
section shall be kept by each officer or official specified
or designated pursuant to subsection (a), and on a timely
basis submitted to the office in the Department of Defense
that is responsible for the management of the program and for
the preservation of such records.
(g) Annual Report.--Not later than March 1, 2020, and
annually thereafter, the Secretary shall submit to the
congressional defense committees a report setting forth, for
the preceding calendar year, the following:
(1) The number of cases considered for ex gratia payments
under the program under this section.
(2) The number of payments offered, and the amount of each
such offered payment.
(3) For each such offered payment, whether a payment was
made.
(h) Funding.--Funds for ex gratia payments under the
program under this section during a fiscal year shall be
derived from amounts authorized to be appropriated for the
Department for such fiscal year and available for such
purpose. Any payments using such funds shall be made only in
accordance with the requirements of this section.
______
SA 476. Mr. REED (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. PCAOB ENFORCEMENT TRANSPARENCY.
(a) Short Title.--This section may be cited as the ``PCAOB
Enforcement Transparency Act of 2019''.
(b) Open Meetings Authorized.--Section 105(c)(2) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7215(c)(2)) is amended
to read as follows:
``(2) Public hearings.--Hearings under this section shall
be open to the public, unless the Board, on its own motion or
after considering the motion of a party, orders otherwise.''.
(c) Publication of Determinations.--Section 105(d)(1)(C) of
the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7215(d)(1)(C)) is
amended by striking ``(once any stay on the imposition of
such sanction has been lifted)''.
______
SA 477. Mr. SANDERS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. ASSISTANCE FOR DEPLOYMENT-RELATED SUPPORT OF
MEMBERS OF THE ARMED FORCES UNDERGOING
DEPLOYMENT AND THEIR FAMILIES BEYOND THE YELLOW
RIBBON REINTEGRATION PROGRAM.
Section 582 of the National Defense Authorization Act for
Fiscal Year 2008 (10 U.S.C. 10101 note) is amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Support Beyond Program.--The Secretary of Defense
shall provide funds to States, Territories, and government
entities to carry out programs, and other activities as the
Secretary considers appropriate, that provide deployment
cycle information, services, and referrals to members of the
armed forces, and their families, throughout the deployment
cycle. Such programs may include the provision of access to
outreach services, including the following:
``(1) Employment counseling.
``(2) Behavioral health counseling.
``(3) Suicide prevention.
``(4) Housing advocacy.
``(5) Financial counseling.
``(6) Referrals for the receipt of other related
services.''.
______
SA 478. Mr. ENZI submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
[[Page S3508]]
SEC. 1008. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
THE EFFECTS OF CONTINUING RESOLUTIONS ON
READINESS AND PLANNING OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense
committees a report setting forth a description and
assessment of the effects of continuing resolutions on
readiness and planning of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall
address the following:
(1) The extent to which the acquisition of goods and
services, the support of operational systems, and the
stewardship of installations and facilities by the Department
of Defense are impacted by continuing resolutions, including
the following:
(A) The extent to which continuing resolutions negatively
impact contract fidelity, including Department purchasing
power, and Department leverage in non-pecuniary contract
terms such as contract type and delivery date.
(B) The extent to which the Department pays more, all other
things being equal, because of frequent continuing
resolutions.
(C) An estimate of the total decrease in Department
purchasing power as a result of continuing resolutions.
(D) The extent to which continuing resolutions negatively
impact Department maintenance work.
(2) The effects of preparations for and operations of
Department personnel under continuing resolutions, including
the following:
(A) The time spent by Senior Executive Service personnel
and general and flag officers in preparations for and
responses to the enactment of continuing resolutions, set
forth by average per year and average per continuing
resolution.
(B) The time spent by other Department personnel in
preparations for and implementation of continuing
resolutions.
(C) The extent to which Department personnel take more time
to focus on budget execution under a continuing resolution
when compared with a full year appropriation.
(D) The extent to which continuing resolutions negatively
impact the ability of managers at the Department to hire.
(3) The funding issues of the Department associated with
continuing resolutions, including the extent to which the
Department has requested so-called ``anomalies'' or
exceptions to limitations on duration, amount, or purposes of
funds that otherwise apply to interim funding under
continuing resolutions, including the following (beginning
with fiscal year 2010):
(A) The number and absolute value of programs affected by
continuing resolutions restrictions on new starts.
(B) The number and absolute value of programs affected by
continuing resolutions restrictions on production increases.
(C) The number and absolute value of such exceptions
requested by the Department.
(D) The percentage of such exceptions, in both numbers and
dollar amount, included in continuing resolutions.
(E) The total cumulative delay due to continuing
resolutions in programs funded through procurement or
research, development, test, and evaluation.
(F) The amount by which the budget of the Department has
been misaligned either between or within accounts dued to
continuing resolutions, set forth by budget category 050 and
amount, together with adjustments for length of the
continuing resolution concerned.
(c) Continuing Resolution Defined.--In this section, the
term ``continuing resolution'' means a continuing resolution
or similar partial-year appropriation providing funds for the
Department of Defense pending enactment of a full-year
appropriation for the Department.
______
SA 479. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1272. REPORT ON THE CONTINUING PARTICIPATION OF CAMBODIA
IN THE GENERALIZED SYSTEM OF PREFERENCES.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the
appropriate committees of Congress a report setting forth the
following:
(1) A determination as to whether, if its status as such
were reviewed, the Government of Cambodia would meet the
criteria in sections 501 and 502(c) of the Trade Act of 1974
(19 U.S.C. 2461, 2462(c)) for designation as--
(A) a beneficiary developing country; or
(B) a least-developed beneficiary developing country.
(2) A decision as to whether the application of duty-free
treatment under the Generalized System of Preferences to the
Government of Cambodia should be withdrawn, suspended, or
limited pursuant to section 502(d) of the Trade Act of 1974
(19 U.S.C. 2462(d)).
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Finance of the Senate; and
(2) the Committee on Ways and Means of the House of
Representatives.
______
SA 480. Mr. JOHNSON submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 520. SENSE OF CONGRESS ON LOCAL PERFORMANCE OF MILITARY
ACCESSION PHYSICALS.
(a) Findings.--Congress makes the following findings:
(1) The United States Military Entrance Processing Command
(USMEPCOM) consists of 65 Military Entrance Processing
Stations (MEPS) dispersed throughout the contiguous United
States, Alaska, Hawaii, and Puerto Rico.
(2) Applicants who must travel to the closest Processing
Station are often driven by their military recruiter and
receive free lodging at a nearby hotel paid by the Armed
Force concerned.
(3) In fiscal year 2015, the United States Military
Entrance Processing Command processed 473,000 applicants at
its Processing Stations, with an aggregate total of 931,000
applicant visits to such Processing Stations in that fiscal
year.
(b) Sense of Congress.--It is the sense of Congress that--
(1) permitting military accession physicals in local
communities would allow recruiters to focus on their core
recruiting mission; and
(2) the conduct of military accession physicals in local
communities would permit the United States Military Entrance
Processing Command to reduce costly and inefficient return
visits by applicants to Military Entrance Processing Stations
and increase efficiency in its processing times.
______
SA 481. Mr. JOHNSON (for himself, Ms. Baldwin, Mr. Cornyn, and Mr.
Cruz) submitted an amendment intended to be proposed by him to the bill
S. 1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. 589. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
JAMES MEGELLAS FOR ACTS OF VALOR DURING THE
BATTLE OF THE BULGE.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 7274 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 7271 of such title to James Megellas, formerly of
Fond du Lac, Wisconsin, and currently of Colleyville, Texas,
for the acts of valor during World War II described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of James Megellas on
January 28, 1945, in Herresbach, Belgium, during the Battle
of the Bulge when, as a first lieutenant in the 82nd Airborne
Division, he led a surprise and devastating attack on a much
larger advancing enemy force, killing and capturing a large
number and causing others to flee, single-handedly destroying
an attacking German Mark V tank with two hand-held grenades,
and then leading his men in clearing and seizing Herresbach.
______
SA 482. Mr. BRAUN (for himself, Mr. Rubio, and Mr. Cruz) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1290. SENSE OF SENATE CALLING FOR GREATER RELIGIOUS AND
POLITICAL FREEDOMS IN CUBA.
(a) Findings.--The Senate makes the following findings:
[[Page S3509]]
(1) The Castro regime has used arbitrary incarcerations,
harassment, and intimidation to deny basic freedoms to
thousands of Cubans since the Cuban Revolution.
(2) In April 2019, a family was sent to prison by
authorities in Cuba for homeschooling their children.
(3) The children were enrolled in a Christian distance
school in Honduras.
(4) The families involved, which included a pastor, cited
religious reasons for homeschooling their children.
(5) The Government of Cuba has a history of arresting
individuals who chose to homeschool their children and
sentencing them to prison time and hard labor.
(6) The Government of Cuba's insistence on state-controlled
education is a sign of authoritarianism, enabling them to
indoctrinate youth with a communist ideology.
(7) Parents have the right to teach their children free
from the state indoctrination of an autocratic regime.
(8) The United States Commission on International Religious
Freedom formerly condemned Cuba for actions pertaining to the
April 2019 imprisonment of those who homeschool their
children.
(9) The United States has instituted an embargo on Cuba in
1960.
(10) The Cuban Liberty and Democratic Solidarity (Libertad)
Act of 1996 (22 U.S.C. 6021 et seq.) does not permit these
sanctions to be lifted until the Castro regime has been
deposed and Cuba has legalized political activity and made a
commitment to free and fair elections.
(11) Despite the 2014 Executive branch decision to
normalize relations with Cuba, it is still in the power of
Congress to lift an embargo.
(b) Sense of Senate.--The Senate--
(1) expresses solidarity with the people of Cuba in their
pursuit of religious freedom;
(2) calls on the Government of Cuba to release all
political prisoners, including those who have been imprisoned
for homeschooling their children;
(3) calls on the OAS Inter-American Commission on Human
Rights to grant the Precautionary Measures requested on April
25, 2019;
(4) calls on the Government of Cuba to recognize the right
of parents to teach their own children free from state
communist indoctrination;
(5) calls on the Government of Cuba to institute democratic
reforms, including reforms that guarantee freedom of
religion; and
(6) calls for the continued implementation of the Cuban
Liberty and Democratic Solidarity Act of 1996.
______
SA 483. Ms. COLLINS (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. REPORT ON APPRENTICESHIPS AND ON-THE-JOB TRAINING
FOR MEMBERS OF THE ARMED FORCES AND VETERANS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
collaboration with the Secretary of Veterans Affairs and
Secretary of Labor, shall submit to the congressional defense
committees a report on the efforts of the Department of
Defense to promote the utilization of apprenticeships and on-
the-job training by members of the Armed Forces transitioning
from service in the Armed Forces to civilian life.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An evaluation of the success of the job training,
employment skills training, apprenticeships, internships, and
SkillBridge initiatives of the Department, including
recommendations by the Secretary of Defense on ways in which
such initiatives could be improved.
(2) An assessment of outreach efforts to members of the
Armed Forces with respect to the initiatives referred to in
paragraph (1) and utilization rates of such initiatives,
disaggregated by military department.
(3) An explanation of efforts undertaken by the Secretary
of Defense to coordinate and collaborate with the Secretary
of Veterans Affairs with respect to apprenticeships and on-
the-job training in order to maximize utilization of job
training and education programs provided under laws
administered by either the Secretary of Defense or the
Secretary of Veterans Affairs, including efforts to highlight
apprenticeship and on-the-job training opportunities in the
Transition Assistance Program.
(4) Recommendations for legislative or administrative
action to improve the transition of members of the Armed
Forces from service in the Armed Forces to civilian life.
______
SA 484. Mr. DAINES (for himself, Mr. Manchin, Mr. Crapo, Ms. Baldwin,
Mrs. Capito, Mr. Tester, Mr. Boozman, Mrs. Shaheen, Mr. Moran, Mr.
Jones, Mr. Coons, Ms. Sinema, Mr. Blumenthal, Mr. Cramer, Mr. Leahy,
Ms. Hassan, Ms. Rosen, Ms. Klobuchar, Mr. Hoeven, Mr. Udall, Ms.
Warren, Mr. Rounds, and Mr. Lankford) submitted an amendment intended
to be proposed by him to the bill S. 1790, to authorize appropriations
for fiscal year 2020 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. 705. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE
SELECT OF CERTAIN MEMBERS OF THE SELECTED
RESERVE.
Section 1076d(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2), a member'' and inserting ``A member''; and
(2) by striking paragraph (2).
______
SA 485. Mr. LANKFORD (for himself, Mr. Lee, and Mr. Romney) submitted
an amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. MODIFICATION OF PERIOD AFTER RETIREMENT FOR
AUTHORITY OF DEPARTMENT OF DEFENSE TO APPOINT
RETIRED MEMBERS OF THE ARMED FORCES TO
POSITIONS WITHIN THE DEPARTMENT AFTER
RETIREMENT.
(a) In General.--Section 3326 of title 5, United States
Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1)--
(A) by striking ``civil service'' and inserting
``competitive service''; and
(B) by striking ``during the period of 180 days''; and
(2) by adding at the end the following:
``(d) Section 5534a shall not apply to any appointment made
under this section.
``(e)(1) Not later than February 15 each year, the
Secretary of Defense and the Director of the Office of
Personnel Management shall jointly submit to Congress a
report on the appointments made during the preceding year
using the authority in subsection (b)(2) of this section.
``(2) Each report under this subsection shall set forth,
for the year covered by such report, the following:
``(A) The number of appointments made using the authority
in subsection (b)(2) of this section.
``(B) The grades at retirement from the armed forces of the
individuals subject to such appointments.
``(C) The job titles, pay grades, and locations of
employment at appointment of the individuals subject to such
appointments.''.
(b) Technical Amendments.--Section 3326(b) of title 5,
United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``his retirement'' and inserting ``the member's retirement'';
and
(2) in paragraph (1), by striking ``his designee'' and
inserting ``the Secretary's designee''.
______
SA 486. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title V, add the following:
SEC. 508. PERMANENT AUTHORITY TO DEFER PAST AGE 64 THE
RETIREMENT OF CHAPLAINS IN GENERAL AND FLAG
OFFICER GRADES.
Section 1253(c) of title 10, United States Code, is amended
by striking paragraph (3).
______
SA 487. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XI, insert the following:
SEC. ___. CLARIFICATION OF LIMITATION ON EXPEDITED HIRING
AUTHORITY FOR POST-SECONDARY STUDENTS.
Section 3116(d)(1) of title 5, United States Code, is
amended to read as follows:
``(1) In general.--Except as provided in paragraph (2), the
total number of students
[[Page S3510]]
that the head of an agency may appoint under this section
during a fiscal year may not exceed the number equal to 15
percent of the number of students that the agency head
appointed during the previous fiscal year to a position at
the GS-11 level, or an equivalent level, or below.''.
______
SA 488. Mr. CRAPO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. INVESTMENT IN SUPPLY CHAIN SECURITY UNDER DEFENSE
PRODUCTION ACT OF 1950.
(a) In General.--Section 303 of the Defense Production Act
of 1950 (50 U.S.C. 4533) is amended by adding at the end the
following:
``(h) Investment in Supply Chain Security.--
``(1) In general.--The President may make available to an
eligible entity described in paragraph (2) payments to
increase the security of supply chains and supply chain
activities, if the President certifies to Congress not less
than 30 days before making such a payment that the payment is
in the national security interests of the United States.
``(2) Eligible entity.--An eligible entity described in
this paragraph is an entity that--
``(A) is organized under the laws of the United States or
any jurisdiction within the United States; and
``(B) produces--
``(i) one or more critical components;
``(ii) critical technology; or
``(iii) one or more products for the increased security of
supply chains or supply chain activities.
``(3) Definitions.--In this subsection, the terms `supply
chain' and `supply chain activities' have the meanings given
those terms by the President by regulation under section
1086(b) of the National Defense Authorization Act for Fiscal
Year 2020.''.
(b) Regulations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall prescribe
regulations setting forth definitions for the terms ``supply
chain'' and ``supply chain activities'' for the purposes of
section 303(h) of the Defense Production Act of 1950 (50
U.S.C. 4533(h)), as added by subsection (a).
(2) Scope of definitions.--The definitions required by
paragraph (1)--
(A) shall encompass--
(i) the organization, people, activities, information, and
resources involved in the delivery and operation of a product
or service used by the Government; or
(ii) critical infrastructure as defined in Presidential
Policy Directive 21 (February 12, 2013; relating to critical
infrastructure security and resilience); and
(B) may include variations for specific sectors or
Government functions.
______
SA 489. Mr. CRAPO (for himself, Mr. Warner, Mr. Daines, and Mrs.
Feinstein) submitted an amendment intended to be proposed by him to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. ESTABLISHMENT OF NATIONAL SUPPLY CHAIN
INTELLIGENCE CENTER.
(a) Establishment of Center.--Title IX of the Intelligence
Authorization Act for Fiscal Year 2003 (50 U.S.C. 3382 et
seq.) is amended by adding at the end the following:
``SEC. 905. NATIONAL SUPPLY CHAIN INTELLIGENCE CENTER.
``(a) Establishment of Center.--There is within the
National Counterintelligence and Security Center in the
Office of the Director of National Intelligence a National
Supply Chain Intelligence Center.
``(b) Director of National Supply Chain Intelligence
Center.--There is a Director of the National Supply Chain
Intelligence Center, who shall be appointed by the President,
in consultation with the Director of National Intelligence
and other interagency partners as the President considers
appropriate.
``(c) Center Personnel.--
``(1) Senior management.--The Director of the National
Supply Chain Intelligence Center shall ensure that the senior
management of the Center includes one or more detailees from
one or more other Federal agencies.
``(2) Detail or assignment of personnel.--
``(A) In general.--With the approval of the Director of the
Office of Management and Budget, and in consultation with the
congressional committees of jurisdiction, the Director of the
National Supply Chain Intelligence Center may request of the
head of any department, agency, or element of the Federal
Government the detail or assignment of personnel from such
department, agency, or element to the National Supply Chain
Intelligence Center.
``(B) Duties.--Personnel detailed or assigned under
subparagraph (A) shall assist the National Supply Chain
Intelligence Center in carrying out the primary missions of
the Center.
``(C) Terms.--Personnel detailed or assigned under
subparagraph (A) shall be assigned or detailed to the
National Supply Chain Intelligence Center for a period of not
more than 2 years.
``(D) Regular employment.--Any Federal Government employee
detailed or assigned under subparagraph (A) shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
``(d) Primary Missions.--The primary missions of the
National Supply Chain Intelligence Center shall be as
follows:
``(1) To aggregate all-source intelligence relating to
supply chains, including--
``(A) classified and unclassified information;
``(B) threat information; and
``(C) proprietary and sensitive information, including risk
and vulnerability information, voluntarily provided by
private entities.
``(2) To share strategic warnings relating to supply chains
or supply chain activities, as the Director of the National
Supply Chain Intelligence Center considers appropriate and
consistent with security standards for classified information
and sensitive proprietary information, among--
``(A) the elements of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), components of the Department of Justice and
the Department of Defense, the Federal Acquisition Security
Council, and other Federal agencies;
``(B) at-risk industry partners; and
``(C) governments of countries that are allies of the
United States.
``(3) To serve as the central and shared knowledge resource
for--
``(A) known and suspected threats to supply chain
activities or supply chain integrity from international
groups, companies, countries, or other entities; and
``(B) the goals, strategies, capabilities, and networks of
contacts and support of such groups, companies, countries,
and other entities.
``(4) To perform tasks assigned to the National Supply
Chain Intelligence Center by relevant Government supply chain
task forces, including the Federal Acquisition Security
Council, and other entities.
``(e) Report on Alignment With Partner Efforts.--Not later
than 180 days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, the Director
of the National Supply Chain Intelligence Center, in
coordination with the Director of the Defense
Counterintelligence and Security Agency and other Government
partners, shall submit to Congress a report on the alignment
and deconfliction among Government partner activities on
supply chain intelligence matters.
``(f) Annual Reports Required.--The Director of the
National Supply Chain Intelligence Center shall annually
submit to Congress a report, with classified annexes as
appropriate, on the state of threats to the security of
supply chains and supply chain activities for United States
Government acquisitions and replenishment as of the date of
the submittal of the report.
``(g) Funding.--Amounts used to carry out this section
shall be derived from amounts appropriated or otherwise made
available for the National Intelligence Program (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 904 the following new item:
``Sec. 905. National Supply Chain Intelligence Center.''.
______
SA 490. Mr. CRAPO (for himself, Mr. Warner, Mr. Daines, and Mrs.
Feinstein) submitted an amendment intended to be proposed by him to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. ESTABLISHMENT OF NATIONAL SUPPLY CHAIN
INTELLIGENCE CENTER.
(a) Establishment of Center.--Title IX of the Intelligence
Authorization Act for Fiscal Year 2003 (50 U.S.C. 3382 et
seq.) is amended by adding at the end the following:
``SEC. 905. NATIONAL SUPPLY CHAIN INTELLIGENCE CENTER.
``(a) Establishment of Center.--There is within the
National Counterintelligence and Security Center in the
Office of the Director of National Intelligence a National
Supply Chain Intelligence Center.
``(b) Director of National Supply Chain Intelligence
Center.--There is a Director
[[Page S3511]]
of the National Supply Chain Intelligence Center, who shall
be appointed by the President, in consultation with the
Director of National Intelligence and other interagency
partners as the President considers appropriate.
``(c) Center Personnel.--
``(1) Senior management.--The Director of the National
Supply Chain Intelligence Center shall ensure that the senior
management of the Center includes one or more detailees from
each of the following:
``(A) The Department of Defense.
``(B) The Department of Justice.
``(C) The Department of Homeland Security.
``(D) The Department of Commerce.
``(2) Detail or assignment of personnel.--
``(A) In general.--With the approval of the Director of the
Office of Management and Budget, and in consultation with the
congressional committees of jurisdiction, the Director of the
National Supply Chain Intelligence Center may request of the
head of any department, agency, or element of the Federal
Government the detail or assignment of personnel from such
department, agency, or element to the National Supply Chain
Intelligence Center.
``(B) Duties.--Personnel detailed or assigned under
subparagraph (A) shall assist the National Supply Chain
Intelligence Center in carrying out the primary missions of
the Center.
``(C) Terms.--Personnel detailed or assigned under
subparagraph (A) shall be assigned or detailed to the
National Supply Chain Intelligence Center for a period of not
more than 2 years.
``(D) Regular employment.--Any Federal Government employee
detailed or assigned under subparagraph (A) shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
``(d) Primary Missions.--The primary missions of the
National Supply Chain Intelligence Center shall be as
follows:
``(1) To aggregate all-source intelligence relating to
supply chains, including--
``(A) classified and unclassified information;
``(B) threat information; and
``(C) proprietary and sensitive information, including risk
and vulnerability information, voluntarily provided by
private entities.
``(2) To share strategic warnings relating to supply chains
or supply chain activities, as the Director of the National
Supply Chain Intelligence Center considers appropriate and
consistent with security standards for classified information
and sensitive proprietary information, among--
``(A) the elements of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), components of the Department of Justice and
the Department of Defense, the Federal Acquisition Security
Council, and other Federal agencies;
``(B) at-risk industry partners; and
``(C) governments of countries that are allies of the
United States.
``(3) To serve as the central and shared knowledge resource
for--
``(A) known and suspected threats to supply chain
activities or supply chain integrity from international
groups, companies, countries, or other entities; and
``(B) the goals, strategies, capabilities, and networks of
contacts and support of such groups, companies, countries,
and other entities.
``(4) To perform tasks assigned to the National Supply
Chain Intelligence Center by relevant Government supply chain
task forces, including the Federal Acquisition Security
Council, and other entities.
``(e) Report on Alignment With Partner Efforts.--Not later
than 180 days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, the Director
of the National Supply Chain Intelligence Center, in
coordination with the Director of the Defense
Counterintelligence and Security Agency and other Government
partners, shall submit to Congress a report on the alignment
and deconfliction among Government partner activities on
supply chain intelligence matters.
``(f) Annual Reports Required.--The Director of the
National Supply Chain Intelligence Center shall annually
submit to Congress a report, with classified annexes as
appropriate, on the state of threats to the security of
supply chains and supply chain activities for United States
Government acquisitions and replenishment as of the date of
the submittal of the report.
``(g) Funding.--Amounts used to carry out this section
shall be derived from amounts appropriated or otherwise made
available for the National Intelligence Program (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 904 the following new item:
``Sec. 905. National Supply Chain Intelligence Center.''.
______
SA 491. Mr. CRAPO (for himself, Ms. Stabenow, Mrs. Shaheen, Mr.
Risch, Ms. Rosen, Mr. Gardner, and Mr. Peters) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. MODIFICATION OF ELEMENTS OF REPORTS ON THE IMPROVED
TRANSITION ASSISTANCE PROGRAM.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1), the following new subparagraph (A):
``(A) The total number of members eligible to attend
Transition Assistance Program counseling.''; and
(3) by adding at the end the following new subparagraphs:
``(F) The number of members who participated in programs
under section 1143(e) of title 10, United States Code
(commonly referred to as `Job Training, Employment Skills,
Apprenticeships and Internships (JTEST-AI)' or `Skill
Bridge').
``(G) Such other information as is required to provide
Congress with a comprehensive description of the
participation of the members in the Transition Assistance
Program and programs described in subparagraph (F).''.
______
SA 492. Mr. CRAPO (for himself, Ms. Stabenow, Mrs. Shaheen, Mr.
Risch, Ms. Rosen, Mr. Gardner, and Mr. Peters) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. EDUCATION OF MEMBERS OF THE ARMED FORCES ON CAREER
READINESS AND PROFESSIONAL DEVELOPMENT.
(a) Programs of Education Required.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2015 the
following new section:
``Sec. 2015a. Education of members on career readiness and
professional development
``(a) Program of Education Required.--The Secretary of
Defense shall carry out a program to provide education on
career readiness and professional development to members of
the armed forces.
``(b) Elements.--The program under this section shall
provide members with the following:
``(1) Information on the transition plan as described in
section 1142(b)(10) of this title.
``(2) Information on opportunities available to members
during military service for professional development and
preparation for a career after military service, including--
``(A) programs of education, certification, training, and
employment assistance (including programs under sections
1143(e), 2007, and 2015 of this title); and
``(B) programs and resources available to members in
communities in the vicinity of military installations.
``(3) Instruction on the use of online and other electronic
mechanisms in order to access the education, training, and
assistance and resources described in paragraph (2).
``(4) Such other information, instruction, and matters as
the Secretary shall specify for purposes of this section.
``(c) Timing of Provision of Information.--Subject to
subsection (d), information, instruction, and other matters
under the program under this section shall be provided to
members at the times as follows:
``(1) Upon arrival at first duty station.
``(2) Upon arrival at any subsequent duty station.
``(3) Upon deployment.
``(4) Upon promotion.
``(5) Upon reenlistment.
``(6) At any other point in a military career specified by
the Secretary for purposes of this section
``(d) Single Provision of Information in a Year With
Multiple Events.--A member who has received information and
instruction under the program under this section in
connection with an event specified in subsection (c) in a
year may elect not to undergo additional receipt of
information and instruction under the program in connection
with another such event in the year, unless such other event
is arrival at a new duty station.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by
inserting after the item relating to section 2015 the
following new item:
``2015a. Education of members on career readiness and professional
development.''.
(b) Report on Implementation.--
[[Page S3512]]
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the program of education required by section 2015a of title
10, United States Code (as added by subsection (a)),
including the following:
(A) A comprehensive description of the actions taken to
implement the program of education.
(B) A comprehensive description of the program of
education.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
______
SA 493. Mr. CRAPO (for himself, Ms. Stabenow, Mrs. Shaheen, Mr.
Risch, Ms. Rosen, and Mr. Peters) submitted an amendment intended to be
proposed by him to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title V, add the following:
SEC. 569. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
PARTICIPATION IN TRANSITION ASSISTANCE PROGRAMS
AT SMALL AND REMOTE MILITARY INSTALLATIONS.
(a) Report Required.--Not later than 18 months after the
date of the successful implementation of section 552 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232), the Comptroller General of
the United States shall submit to the appropriate committees
of Congress a report on a review, conducted by the
Comptroller General for purposes of the report, on the
participation in covered transition assistance programs of
members of the Armed Forces assigned to small military
installations and remote military installations as described
in subsection (c).
(b) Covered Transition Assistance Programs.--For purposes
of this section, covered transition assistance programs are
the following:
(1) The Transition Assistance Program.
(2) The programs under section 1143(e) of title 10, United
States Code (commonly referred to as ``Job Training,
Employment Skills, Apprenticeships and Internships (JTEST-
AI)'' or ``Skill Bridge'').
(3) Any other program of apprenticeship, on-the-job
training, or internship offered at a small military
installation or remote installation that the Comptroller
General considers appropriate for inclusion in the review
under this section.
(c) Small Military Installations; Remote Military
Installations.--For purposes of this section:
(1) A small military installation is an installation at
which are assigned not more than 10,000 members of the Armed
Forces.
(2) A remote military installation is any installation as
follows:
(A) An installation in the United States that is located
more than 50 miles from any city with a population of 50,000
people or more (as determined by the Office of Management and
Budget).
(B) An installation that is located outside the United
States.
(d) Scope of Review.--In conducting the review, the
Comptroller General shall evaluate participation in covered
transition assistance programs at a number of small military
installations and remote military installations that is
sufficient to provide a complete understanding of the
participation in such programs of members of the Armed Forces
at such installations throughout the United States.
(e) Elements.--The review under this section shall include
the following:
(1) Rates of participation of members of the Armed Forces
in covered transition assistance programs at small military
installations and remote military installations in the United
States.
(2) In the case of the Transition Assistance Program, the
following:
(A) Compliance with the deadlines for participation
provided for in subparagraphs (A) and (B) of section
1142(a)(3) of title 10, United States Code.
(B) A comparison between rates of participation in person
and rates of participation online.
(C) The average ratio of permanent, full-time equivalent
program staff to participating members at small military
installations and at remote military installations.
(D) The average number of program staff (including full-
time equivalent staff and contractor staff) physically and
permanently located on installation at small military
installations and at remote military installations.
(3) Such other matters with respect to participation in
covered transition assistance programs of members assigned to
small military installations and remote military
installations as the Comptroller General considers
appropriate.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
______
SA 494. Mr. CRAPO (for himself, Ms. Stabenow, Mrs. Shaheen, Mr.
Risch, Ms. Rosen, Mr. Gardner, and Mr. Peters) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. COMMAND MATTERS IN CONNECTION WITH TRANSITION
ASSISTANCE PROGRAMS.
(a) Inclusion of Support for Participation in Programs in
Command Climate Assessments.--Each command climate assessment
for the commander of a military installation shall include an
assessment of the extent to which the commander and other
command personnel at the installation encourage and support
the participation in covered transition assistance programs
of members of the Armed Forces at the installation who are
eligible for participation in such programs.
(b) Training on Programs.--The training provided a
commander of a military installation in connection with the
commencement of assignment to the installation shall include
a module on the covered transition assistance programs
available for members of the Armed Forces assigned to the
installation.
(c) Deadline for Implementation.--The requirements of
subsections (a) and (b) shall be fully implemented by not
later than 180 days after the date of the enactment of this
Act.
(d) Covered Transition Assistance Programs Defined.--In
this section, the term ``covered transition assistance
programs'' means the following:
(1) The Transition Assistance Program.
(2) The programs under section 1143(e) of title 10, United
States Code (commonly referred to as ``Job Training,
Employment Skills, Apprenticeships and Internships (JTEST-
AI)'' or ``Skill Bridge'').
(3) Any program of apprenticeship, on-the-job-training,
internship, education, or transition assistance offered
(whether by public or private entities) in the vicinity of
the military installation concerned in which members of the
Armed Forces at the installation are eligible to participate.
(4) Any other program of apprenticeship, on-the-job
training, internship, education, or transition assistance
specified by the Secretary of Defense for purposes of this
section.
______
SA 495. Mr. ENZI submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XIV, add the following:
SEC. 1412. REPORT RELATING TO RARE EARTH ELEMENTS.
Not later than 270 days after the date of the enactment of
this Act, the Secretary of Energy, in consultation with the
Secretary of Defense and the Secretary of the Interior, shall
submit to Congress a report that assesses--
(1) the threat presented by the dependence of the United
States on rare earth elements produced in foreign countries;
and
(2) ways to revive and sustain the United States industrial
base with respect to such elements, specifically with respect
to--
(A) traditional mining of such elements;
(B) nontraditional corrosive extraction and refining of
such elements from ore and coal; and
(C) nontraditional noncorrosive extraction and refining of
such elements from ore and coal.
______
SA 496. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
[[Page S3513]]
SEC. 1086. IMPOSITION OF SANCTIONS WITH RESPECT TO THE CIVIL
NUCLEAR SECTOR OF IRAN.
(a) Sanctions With Respect to Sectors of the Economy of
Iran.--
(1) In general.--Section 1244 of the Iran Freedom and
Counter-Proliferation Act of 2012 (22 U.S.C. 8803) is
amended--
(A) in the section header, by striking ``and shipbuilding''
and inserting ``shipbuilding, and civil nuclear'';
(B) in subsection (a)(1), by striking ``and shipbuilding''
and inserting ``shipbuilding, and civil nuclear'';
(C) in subsection (b)--
(i) in the subsection header, by striking ``and
Shipbuilding'' and inserting ``Shipbuilding, and Civil
Nuclear''; and
(ii) by striking ``and shipbuilding'' and inserting
``shipbuilding, and civil nuclear'';
(D) in subsection (c)--
(i) in the subsection header, by striking ``and
Shipbuilding'' and inserting ``Shipbuilding, and Civil
Nuclear''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by striking ``or shipbuilding''
and inserting ``shipbuilding, or civil nuclear''; and
(II) in subparagraph (C)(i), by striking ``or
shipbuilding'' and inserting ``shipbuilding, or civil
nuclear''; and
(E) in subsection (d)--
(i) in the subsection header, by striking ``and
Shipbuilding'' and inserting ``Shipbuilding, and Civil
Nuclear''; and
(ii) in paragraph (3), by striking ``or shipbuilding'' and
inserting ``shipbuilding, or civil nuclear''.
(2) Clerical amendment.--The table of contents for the Iran
Freedom and Counter-Proliferation Act of 2012 is amended by
striking the item relating to section 1244 and inserting the
following:
``Sec. 1244. Imposition of sanctions with respect to the energy,
shipping, shipbuilding, and civil nuclear sectors of
Iran.''.
(b) Sanctions With Respect to Sale, Supply, or Transfer of
Certain Materials.--Section 1245(a)(1)(C)(i)(I) of the Iran
Freedom and Counter-Proliferation Act of 2012 (22 U.S.C.
8804(a)(1)(C)(i)(I)) is amended by striking ``or
shipbuilding'' and inserting ``shipbuilding, or civil
nuclear''.
(c) Sanctions With Respect to Underwriting Services or
Insurance or Reinsurance.--Section 1246(a)(1)(B)(i) of the
Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C.
8805(a)(1)(B)(i)) is amended by striking ``or shipbuilding''
and inserting ``shipbuilding, or civil nuclear''
______
SA 497. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1226. IMPOSITION OF SANCTIONS WITH RESPECT TO SPECIAL
TRADE AND FINANCE INSTITUTE OF IRAN.
(a) In General.--Beginning on the date that is 90 days
after the date of the enactment of this Act, the President
shall impose the sanctions described in subsection (b) with
respect to the Special Trade and Finance Institute of Iran
and any foreign person that is an officer, agent, or
shareholder of the Institute.
(b) Sanctions Described.--The sanctions described in this
subsection are sanctions applicable with respect to a foreign
person pursuant to Executive Order 13224 (50 U.S.C. 1701
note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism).
______
SA 498. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. ___. UNITED STATES-ISRAEL DIRECTED ENERGY CAPABILITIES
COOPERATION.
(a) Authority.--
(1) In general.--(A) The Secretary of Defense, upon request
of the Ministry of Defense of Israel and with the concurrence
of the Secretary of State, is authorized to carry out
research, development, test, and evaluation activities, on a
joint basis with Israel, to establish directed energy
capabilities that address threats to the United States,
deployed forces of the United States, or Israel.
(B) Any activities carried out pursuant to such authority
shall be conducted in a manner that appropriately protects
sensitive information and the national security interests of
the United States and the national security interests of
Israel.
(2) Report.--The activities described in paragraph (1) may
be carried out after the Secretary of Defense submits to the
appropriate committees of Congress a report setting forth the
following:
(A) A memorandum of agreement between the United States and
Israel regarding sharing of research and development costs
for the capabilities described in paragraph (1), and any
supporting documents.
(B) A certification that the memorandum of agreement--
(i) requires sharing of costs of projects, including in-
kind support, between the United States and Israel;
(ii) establishes a framework to negotiate the rights to any
intellectual property developed under the memorandum of
agreement; and
(iii) requires the United States Government to receive
semiannual reports on expenditure of funds, if any, by the
Government of Israel, including a description of what the
funds have been used for, when funds were expended, and an
identification of entities that expended the funds.
(b) Support in Connection With Activities.--
(1) In general.--(A) The Secretary of Defense may provide
maintenance and sustainment support to Israel for the
directed energy capabilities research, development, test, and
evaluation activities authorized in subsection (a)(1).
(B) Such authority includes authority to install equipment
necessary to carry out such research, development, test, and
evaluation.
(2) Report.--The support described in paragraph (1) may not
be provided until 15 days after the Secretary of Defense
submits to the appropriate committees of Congress a report
setting forth a detailed description of the support to be
provided.
(3) Matching contribution.--The support described in
paragraph (1) may not be provided unless the Secretary of
Defense certifies to the appropriate committees of Congress
that the Government of Israel will contribute to such
support--
(A) an amount equal to not less than the amount of support
to be so provided; or
(B) an amount that otherwise meets the best efforts of
Israel, as mutually agreed to by the United States and
Israel.
(c) Lead Agency.--The Secretary of Defense shall designate
an appropriate research and development entity of a military
department as the lead agency of the Department of Defense in
carrying out this section.
(d) Annual Report.--The Secretary of Defense shall submit
to the appropriate committees of Congress on an annual basis
a report that contains a copy of the most recent semiannual
report provided by the Government of Israel to the Department
of Defense pursuant to subsection (a)(2)(B)(iii).
(e) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Homeland Security and
Governmental Affairs, the Committee on Appropriations, and
the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, the
Committee on Appropriations, and the Permanent Select
Committee on Intelligence of the House of Representatives.
______
SA 499. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title VIII, add the following:
SEC. 866. MODIFICATION OF PROHIBITION ON CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
EQUIPMENT.
Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) by redesignating subsection (f) as subsection (e); and
(2) in subsection (e)(3), as so redesignated--
(A) in subparagraph (B), by striking ``produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company'' and
inserting ``produced by Huawei Technologies Company, Hytera
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, Dahua Technology Company, or HiSilicon
Technologies Co., Ltd.'';
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Components of telecommunications equipment or video
surveillance equipment produced by Huawei Technologies
Company or HiSilicon Technologies Co., Ltd. (or any
subsidiary or affiliate of such entities).''; and
(D) in subparagraph (E), as redesignated by subparagraph
(B) of this paragraph, by inserting ``or components of
telecommunications equipment or video surveillance
equipment'' after ``equipment or services''.
[[Page S3514]]
______
SA 500. Mr. CRUZ (for himself and Mr. Tester) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. TIERED PREFERENCE ELIGIBILITY FOR MEMBERS OF
RESERVE COMPONENTS OF THE ARMED FORCES.
(a) Preference Eligibility for Members of Reserve
Components of the Armed Forces.--Section 2108 of title 5,
United States Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (G)(ii), by striking ``and'' at the
end;
(B) in subparagraph (H), by adding ``and'' at the end; and
(C) by inserting after subparagraph (H) the following:
``(I) a qualified reservist;'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(6) `qualified reservist' means an individual who is a
member of a reserve component of the Armed Forces on the date
of the applicable determination--
``(A) who--
``(i) has completed at least 6 years of service in a
reserve component of the Armed Forces; and
``(ii) in each year of service in a reserve component of
the Armed Forces, was credited with at least 50 points under
section 12732 of title 10; or
``(B) who--
``(i) has completed at least 10 years of service in a
reserve component of the Armed Forces; and
``(ii) in each year of service in a reserve component of
the Armed Forces, was credited with at least 50 points under
section 12732 of title 10; and
``(7) `reserve component of the Armed Forces' means a
reserve component specified in section 101(27) of title
38.''.
(b) Tiered Hiring Preference for Members of Reserve
Components of the Armed Forces.--Section 3309 of title 5,
United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) a preference eligible described in section
2108(6)(B)--3 points; and
``(4) a preference eligible described in section
2108(6)(A)--2 points.''.
(c) GAO Review.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(1) assesses Federal employment opportunities for members
of a reserve component of the Armed Forces;
(2) evaluates the impact of the amendments made by this
section on the hiring of reservists and veterans by the
Federal Government; and
(3) provides recommendations, if any, for strengthening
Federal employment opportunities for members of a reserve
component of the Armed Forces.
______
SA 501. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XIV, add the following:
SEC. 1412. DEVELOPMENT OF RARE EARTH MINERALS IN THE UNITED
STATES.
(a) Grants.--
(1) In general.--The Secretary of Defense may award grants
for the development of rare earth mining activities in the
United States.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to award grants under paragraph (1).
(b) Sense of Congress.--It is the sense of Congress that
the President, acting through the Defense Logistics Agency,
should use the full authority provided under section 15 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-6) to ensure that the United States has sufficient
stockpile resources of rare earth minerals as required for
the national defense.
______
SA 502. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. ____. PLAN ON SUSTAINMENT OF ROUGH TERRAIN CONTAINER
HANDLER FLEETS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army and the Secretary of the
Navy shall--
(1) jointly develop plans for sustainment of their
respective RT240 Rough Terrain Container Handler (RTCH)
fleets to ensure operational capability of such fleets into
the 2030s;
(2) assess available modernization capabilities to enhance
joint deployment of such fleets; and
(3) provide a joint briefing to the Committees on Armed
Services of the Senate and the House of Representatives on
the readiness of such fleets.
______
SA 503. Mr. CRUZ (for himself, Mr. Cornyn, Mr. Thune, and Mr. Rounds)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title I, add the following:
SEC. 147. BRIEFING ON PLANS TO INCREASE READINESS OF B-1
BOMBER AIRCRAFT.
(a) In General.--Not later than January 31, 2020, the
Secretary of the Air Force shall provide the congressional
defense committees a briefing on the Air Force's plans to
increase the readiness of the B-1 bomber aircraft.
(b) Elements.--The briefing required under subsection (a)
shall include the following elements:
(1) A description of aircraft structural issues.
(2) A plan for continued structural deficiency data
analysis and training.
(3) Projected repair timelines.
(4) Future mitigation strategies.
(5) An aircrew maintainer training plan, including a plan
to ensure that the training pipeline remains steady, for any
degradation period.
(6) A recovery timeline to meet future deployment tasking.
(7) A plan for continued upgrades and improvements.
______
SA 504. Ms. COLLINS (for herself, Mrs. Shaheen, Mr. King, and Ms.
Hassan) submitted an amendment intended to be proposed by her to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 621.
______
SA 505. Mr. WICKER (for himself and Mr. Casey) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 324. CONTRACT CRITERIA FOR REMEDIATION OF PERFLUOROALKYL
SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
(a) Establishment of Criteria.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall establish criteria for treatment and
remediation of perfluoroalkyl substances and polyfluoroalkyl
substances (PFAS) in drinking water and ground water at
military installations and other Department of Defense
facilities.
(b) Elements.--The criteria established under subsection
(a) shall--
(1) ensure the utilization of best value contracting
methods;
(2) require consideration of long-term operation and
maintenance costs;
(3) for treatment or remediation techniques that include
water filtration, include performance specifications that--
(A) give preference to filtration products made from
materials mined, produced, or manufactured in the United
States, consistent with chapter 83 of title 41, United States
Code (commonly referred to as the ``Buy American Act''); and
[[Page S3515]]
(B) require that--
(i) filtration materials may be recycled for extended use;
and
(ii) filtration materials demonstrate long-term useful
life; and
(4) require the submission and consideration of filtration
material performance data such as performance curves and
operations cost projections over 5- and 10-year periods.
(c) Reporting Requirement.--If the Department of Defense
enters into a contract for treatment and remediation services
pursuant to this section that does not utilize filtration
products made from materials mined, produced, or manufactured
in the United States, the Secretary of Defense shall submit
to the congressional defense committees a report justifying
the use of such products, including an explanation of the
circumstances that necessitate the use of such products
despite the preference established pursuant to subsection
(b)(3)(A).
______
SA 506. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the
following:
SEC. 2826. PROHIBITION ON USE OF FUNDS TO CONSTRUCT ELECTRIC
OR HEATING COGENERATION PLANTS FOR MEDICAL
FACILITIES ON INSTALLATIONS IN GERMANY.
None of the funds authorized to be appropriated by this Act
may be used to construct an electric or heating cogeneration
plant for a medical facility on an installation of the
Department of Defense in Germany until the Chief of Engineers
and the Commanding General of the Army Corps of Engineers
certify to the congressional defense committees that
selection of the source of furnished energy complies with the
requirements of section 2880 of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public
Law 115-91; 10 U.S.C. 2911 note) and section 2811 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232).
______
SA 507. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 113. REPORT ON THE WARFIGHTING CAPABILITY CURRENTLY
DELIVERED BY BLOCK I AND BLOCK II
CONFIGURATIONS OF H-47 CHINOOK HELICOPTERS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the Army, shall submit to
the congressional defense committees a report that includes
the following elements:
(1) An analysis of the warfighting capability currently
delivered by the Block I and Block II configurations of H-47
Chinook helicopters.
(2) An analysis of the feasibility and advisability of
delaying or terminating the CH-47F Chinook Block-II upgrade.
(3) A plan to ensure that warfighter capability is not
negatively affected by the delay or termination of the CH-47F
Chinook Block-II upgrade.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
______
SA 508. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title VIII, add the following:
SEC. 866. SENSE OF CONGRESS ON MUNITIONS SUPPLY CHAIN
DIVERSITY.
It is the sense of Congress that--
(1) a viable and diverse United States manufacturing base
in munitions development and production is vitally important;
(2) the military success of the United States and United
States allies relies on the ability of United States
manufacturers to produce bunker buster bombs; and
(3) as the Air Force develops and procures the next
generation of munitions, the Secretary of the Air Force
should ensure adequate capacity and a diverse supply chain
for the current and future development of and manufacturing
capability for these important munitions.
______
SA 509. Mr. TOOMEY (for himself, Mr. Braun, Mrs. Capito, Mr. Cornyn,
and Mr. Perdue) submitted an amendment intended to be proposed by him
to the bill S. 1790, to authorize appropriations for fiscal year 2020
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle--Funding Limitations for Sanctuary Jurisdictions
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``Stop Dangerous
Sanctuary Cities Act''.
SEC. __02. ENSURING THAT LOCAL AND FEDERAL LAW ENFORCEMENT
OFFICERS MAY COOPERATE TO SAFEGUARD OUR
COMMUNITIES.
(a) Authority To Cooperate With Federal Officials.--A
State, a political subdivision of a State, or an officer,
employee, or agent of such State or political subdivision
that complies with a detainer issued by the Department of
Homeland Security under section 236 or 287 of the Immigration
and Nationality Act (8 U.S.C. 1226 and 1357)--
(1) shall be deemed to be acting as an agent of the
Department of Homeland Security; and
(2) with regard to actions taken to comply with the
detainer, shall have all authority available to officers and
employees of the Department of Homeland Security.
(b) Legal Proceedings.--In any legal proceeding brought
against a State, a political subdivision of State, or an
officer, employee, or agent of such State or political
subdivision, which challenges the legality of the seizure or
detention of an individual pursuant to a detainer issued by
the Department of Homeland Security under section 236 or 287
of the Immigration and Nationality Act (8 U.S.C. 1226 and
1357)--
(1) no liability shall lie against the State or political
subdivision of a State for actions taken in compliance with
the detainer; and
(2) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in compliance
with the detainer--
(A) the officer, employee, or agent shall be deemed--
(i) to be an employee of the Federal Government and an
investigative or law enforcement officer; and
(ii) to have been acting within the scope of his or her
employment under section 1346(b) and chapter 171 of title 28,
United States Code;
(B) section 1346(b) of title 28, United States Code, shall
provide the exclusive remedy for the plaintiff; and
(C) the United States shall be substituted as defendant in
the proceeding.
(c) Rule of Construction.--Nothing in this section may be
construed to provide immunity to any person who knowingly
violates the civil or constitutional rights of an individual.
SEC. __03. SANCTUARY JURISDICTION DEFINED.
(a) In General.--Except as provided under subsection (b),
for purposes of this subtitle, the term ``sanctuary
jurisdiction'' means any State or political subdivision of a
State that has in effect a statute, ordinance, policy, or
practice that prohibits or restricts any government entity or
official from--
(1) sending, receiving, maintaining, or exchanging with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful or
unlawful) of any individual; or
(2) complying with a request lawfully made by the
Department of Homeland Security under section 236 or 287 of
the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)
to comply with a detainer for, or notify about the release
of, an individual.
(b) Exception.--A State or political subdivision of a State
shall not be deemed a sanctuary jurisdiction based solely on
its having a policy whereby its officials will not share
information regarding, or comply with a request made by the
Department of Homeland Security under section 236 or 287 of
the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)
to comply with a detainer regarding, an individual who comes
forward as a victim or a witness to a criminal offense.
SEC. __04. SANCTUARY JURISDICTIONS INELIGIBLE FOR CERTAIN
FEDERAL FUNDS.
(a) Economic Development Administration Grants.--
(1) Grants for public works and economic development.--
Section 201(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3141(b)) is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the area in which the project is to be carried out is
not a sanctuary jurisdiction (as defined in section __03 of
the Stop Dangerous Sanctuary Cities Act).''.
(2) Grants for planning and administrative expenses.--
Section 203(a) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3143(a)) is amended by adding at the
end the following: ``A sanctuary jurisdiction (as defined in
section __03 of the
[[Page S3516]]
Stop Dangerous Sanctuary Cities Act) may not be deemed an
eligible recipient under this subsection.''.
(3) Supplementary grants.--Section 205(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3145(a)) is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3)(B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(4) will be carried out in an area that does not contain
a sanctuary jurisdiction (as defined in section 3 of the Stop
Dangerous Sanctuary Cities Act).''.
(4) Grants for training, research, and technical
assistance.--Section 207 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3147) is amended by adding
at the end the following:
``(c) Ineligibility of Sanctuary Jurisdictions.--Grant
funds authorized under this section may not be used to
provide assistance to a sanctuary jurisdiction (as defined in
section __03 of the Stop Dangerous Sanctuary Cities Act).''.
(b) Community Development Block Grants.--Title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.) is amended--
(1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the
end the following:
``(25) The term `sanctuary jurisdiction' has the meaning
provided in section __03 of the Stop Dangerous Sanctuary
Cities Act.''; and
(2) in section 104 (42 U.S.C. 5304)--
(A) subsection (b)--
(i) in paragraph (5), by striking ``and'' at the end;
(ii) by redesignating paragraph (6) as paragraph (7); and
(iii) by inserting after paragraph (5) the following:
``(6) the grantee is not a sanctuary jurisdiction and will
not become a sanctuary jurisdiction during the period for
which the grantee receives a grant under this title; and'';
and
(B) by adding at the end the following:
``(n) Protection of Individuals Against Crime.--
``(1) In general.--No funds authorized to be appropriated
to carry out this title may be obligated or expended for any
State or unit of general local government that is a sanctuary
jurisdiction.
``(2) Returned amounts.--
``(A) State.--If a State is a sanctuary jurisdiction during
the period for which it receives amounts under this title,
the Secretary--
``(i) shall direct the State to immediately return to the
Secretary any such amounts that the State received for that
period; and
``(ii) shall reallocate amounts returned under clause (i)
for grants under this title to other States that are not
sanctuary jurisdictions.
``(B) Unit of general local government.--If a unit of
general local government is a sanctuary jurisdiction during
the period for which it receives amounts under this title,
any such amounts that the unit of general local government
received for that period--
``(i) in the case of a unit of general local government
that is not in a nonentitlement area, shall be returned to
the Secretary for grants under this title to States and other
units of general local government that are not sanctuary
jurisdictions; and
``(ii) in the case of a unit of general local government
that is in a nonentitlement area, shall be returned to the
Governor of the State for grants under this title to other
units of general local government in the State that are not
sanctuary jurisdictions.
``(C) Reallocation rules.--In reallocating amounts under
subparagraphs (A) and (B), the Secretary shall--
``(i) apply the relevant allocation formula under
subsection (b), with all sanctuary jurisdictions excluded;
and
``(ii) shall not be subject to the rules for reallocation
under subsection (c).''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2019.
______
SA 510. Ms. STABENOW submitted an amendment intended to be proposed
by her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 811. GUIDANCE ON BUY AMERICAN ACT AND BERRY AMENDMENT
REQUIREMENTS.
(a) Buy American Act Guidance.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of Defense Pricing/
Defense Procurement Acquisition Policy shall issue guidance
to Department of Defense contracting officials on
requirements related to chapter 83 of title 41, United States
Code (commonly referred to as the ``Buy American Act'').
(2) Elements.--The guidance issued under paragraph (1)
shall cover--
(A) the requirement to incorporate and enforce the Buy
American Act provisions and clauses in applicable
solicitations and contracts; and
(B) the requirements of the Buy American Act, such as
inclusion of clauses, into the electronic contract writing
systems used by the military departments and the Defense
Logistics Agency.
(b) Berry Amendment and Specialty Metals Clause Guidance.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of Defense Pricing/
Defense Procurement Acquisition Policy shall issue guidance
to Department of Defense contracting officials on
requirements related to section 2533a of title 10, United
States Code (commonly referred to as the ``Berry
Amendment''), and section 2533b of title 10, United States
Code (commonly referred to as the ``specialty metals
clause'').
(2) Elements.--The guidance issued under paragraph (1)
shall cover--
(A) the requirement to incorporate and enforce the Berry
Amendment and the specialty metals clause provisions and
clauses in applicable solicitations and contracts; and
(B) the requirements of the Berry Amendment and the
specialty metals clause, such as inclusion of clauses, into
the electronic contract writing systems used by the military
departments and the Defense Logistics Agency.
______
SA 511. Ms. ROSEN submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. PILOT PROGRAM ON IMPLEMENTING TRANSPORT ACCESS
CONTROL CAPABILITY.
The Secretary of Defense may carry out a pilot program to
assess the feasibility and advisability of implementing a
Transport Access Control capability that uses identity and
noninteractive authentication at the first packet of
transmission control protocol or Internet Protocol request to
validate machine-to-machine communications hosted by cloud
providers.
______
SA 512. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXX, add the following:
SEC. 3057. USE OF ENERGY EFFICIENCY MEASURES IN CONSTRUCTION
OR RENOVATION OF A PRIVATIZED MILITARY HOUSING
UNITS.
(a) In General.--The Secretary of Defense shall ensure that
any construction or renovation of a privatized military
housing unit after the date of the enactment of this Act uses
energy efficiency measures described in subsection (b).
(b) Energy Efficiency Measures Described.--The energy
efficiency measures described in this subsection are those
developed by the Secretary, in consultation with the
Administrator of the General Services Administration and the
Secretary of Energy, for purposes of this section and shall
include the following:
(1) Solar and geothermal power.
(2) Double-pane windows.
(3) Adequate insulation.
(4) Electric fixtures and appliances that reduce energy
usage.
(c) Certification.--Before using any energy efficiency
measure under this section, the Secretary of Defense shall
certify to the Committees on Armed Services of the Senate and
the House of Representatives that--
(1) if the measure has an available lifecycle cost, the
measure will have the same lifecycle cost or a lower
lifecycle cost as compared to traditional measures; or
(2) if the measure does not have an available lifecycle
cost, the measure will have the same upfront or a lower
upfront cost as compared to traditional measures.
______
SA 513. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 811. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL
DEVELOPMENT DECISIONS.
(a) In General.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2366c the
following new section:
[[Page S3517]]
``Sec. 2366d. Analysis of alternatives pursuant to materiel
development decisions
``(a) Timeline.--(1) Any analysis of alternatives conducted
pursuant to a materiel development decision for a major
defense acquisition program shall be completed not later than
9 months after the initiation of such analysis.
``(2) The Director, Cost Assessment and Program Evaluation,
shall ensure that the study guidance issued by the Director
shall be of such scope that is reasonable to produce within
the allotted time.
``(b) Reporting.--If the analysis of alternatives cannot be
completed within the allotted time, the milestone decision
authority for the major defense acquisition program, upon
learning of the breach in schedule, shall report to the Under
Secretary of Defense for Research and Engineering, the
Director, Cost Assessment and Program Evaluation, the
Chairman, Joint Requirements Oversight Council, and the
congressional defense committees the following information:
``(1) The reasons why the analysis cannot be completed
within the allotted time.
``(2) An estimate of when the analysis will be completed.
``(3) An estimate of any additional costs to complete the
analysis.
``(c) Waiver.--The Under Secretary of Defense for Research
and Engineering may waive the requirements of subsection (a)
on a case-by-case basis, following 30 days notification to
the congressional defense committees, if--
``(1) the subject of the analysis is of extreme technical
complexity;
``(2) collection of additional intelligence is required to
inform the analysis; or
``(3) insufficient technical expertise is available to
complete the analysis.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2366c the following new item:
``2366d. Analysis of alternatives pursuant to materiel development
decisions.''.
______
SA 514. Mr. DURBIN (for himself, Mr. Udall, Mr. Leahy, Mr. Schatz,
Mr. Tester, and Mr. Murphy) submitted an amendment intended to be
proposed by him to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in division A , insert the
following:
SEC. ___. PROHIBITION ON USE OF NATIONAL DEFENSE FUNDS FOR
PHYSICAL BARRIER ALONG THE SOUTHERN BORDER.
(a) Prohibition.--National defense funds may not be
obligated, expended, or otherwise used to design or carry out
a project to construct, replace, or modify a wall, fence, or
other physical barrier along the international border between
the United States and Mexico.
(b) National Defense Funds Defined.--In this section, the
term ``national defense funds'' means--
(1) amounts authorized to be appropriated for any purpose
under this division or authorized to be appropriated in
division A of any National Defense Authorization Act for any
of fiscal years 2015 through 2019, including any amounts of
such an authorization made available to the Department of
Defense and transferred to another authorization by the
Secretary of Defense pursuant to transfer authority available
to the Secretary; and
(2) amounts appropriated in any Act pursuant to an
authorization of appropriations described in paragraph (1).
______
SA 515. Mrs. MURRAY submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1616 and insert the following:
SEC. 1616. REQUIREMENTS FOR PHASE 2 OF ACQUISITION STRATEGY
FOR NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) In General.--In carrying out phase 2 of the acquisition
strategy for the National Security Space Launch program,
before the date on which the initial report required by
subsection (b) is submitted, the Secretary of the Air Force--
(1) may not--
(A) modify the acquisition schedule or mission performance
requirements; or
(B) award missions to more than two launch service
providers; and
(2) shall ensure that launch services are procured only
from launch service providers that use launch vehicles
meeting each Government requirement with respect to required
payloads to reference orbits.
(b) Report and Briefing.--
(1) In general.--Not later than June 30, 2020, and annually
thereafter for the duration of phase 2, the Secretary shall
submit to the congressional defense committees a report and
briefing that includes--
(A) an analysis of the commercial market for space launch,
including whether commercial launch providers are able to
meet the required reference orbits for national security
launch;
(B) a description of the total costs of launches procured
under phase 2, including launch service support;
(C) a plan to increase competition in the National Security
Space Launch program to more than two launch service
providers; and
(D) a plan to ensure an open and transparent process for
launch site assignments at the Eastern and Western Ranges.
(2) Comptroller general review.--Not later than 90 days
after the date on which the Secretary submits a report under
paragraph (1) the Comptroller General of the United States
shall--
(A) review the report; and
(B) submit to Congress--
(i) findings with respect to the accuracy and adequacy of
the report; and
(ii) recommendations to improve the administration of the
National Security Space Launch program, including sustained
competition for launch service procurement.
______
SA 516. Mr. KING (for himself and Mr. Menendez) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1262. RESTRICTIONS ON EXPORT OF SURVEILLANCE TECHNOLOGY
AND RELATED SERVICES.
(a) Requirement for a License to Export Services Relating
to Biometric Information Systems.--
(1) In general.--Beginning on the date that is 180 days
after the date of the enactment of this Act, the President
shall require a license for the export of any training,
advice, or installation, integration, support, or other
services, related to a system--
(A) designed to identify, or verify the identity of, an
individual using biometric information; or
(B) used to collect, store, search, or operate on biometric
information.
(2) List required.--Not later than one year after the date
of the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a list of all licenses granted pursuant to
paragraph (1) during the year preceding the submission of the
report.
(b) Restriction on Export of Surveillance Technology to
China.--Digital surveillance equipment, technology, or
services may not be exported to the People's Republic of
China unless, not less than 15 days before the export to the
People's Republic of China of any such equipment, technology,
or service, the President determines and certifies to the
appropriate congressional committees that--
(1) the export of the equipment, technology, or service is
not detrimental to United States industry;
(2) the export of the equipment, technology, or service,
including any indirect benefit that could be derived from the
export of the equipment, service, or technology, will not
measurably improve the digital surveillance capabilities of
the Government of the People's Republic of China; and
(3) the export of the equipment, technology, or service
does not negatively affect the security of the United States.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Banking, Housing, and Urban
Affairs, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 1263. DISCLOSURES RELATING TO CONTRIBUTIONS TO
SURVEILLANCE CAPABILITIES OF PEOPLE'S REPUBLIC
OF CHINA.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
is amended by inserting after section 14B (15 U.S.C. 78n-2)
the following:
``SEC. 14C. DISCLOSURES RELATING TO CONTRIBUTIONS TO
SURVEILLANCE CAPABILITIES OF PEOPLE'S REPUBLIC
OF CHINA.
``Not later than one year after the date of the enactment
of this section, the Commission shall issue final rules to
require each
[[Page S3518]]
issuer, in the annual report of the issuer submitted under
section 13 or section 15(d) or in the annual proxy statement
of the issuer submitted under section 14(a)--
``(1) to certify that the issuer has not exported any
equipment, technology, or service that could measurably
improve the digital surveillance capabilities of the
Government of the People's Republic of China, including
through any indirect benefit that could be derived from the
export of the equipment, service, or technology;
``(2) to disclose whether the issuer has willingly or
unwillingly provided any training, advice, or installation,
integration, support, or other services, related to a
system--
``(A) designed to identify, or verify the identity of, an
individual using biometric information; or
``(B) used to collect, store, search, or operate on
biometric information; and
``(3) to include a strategy to assure that the issuer will
not willingly or unwillingly provided any training, advice or
installation, integration, support, or other services related
to a system described in paragraph (2) that could measurably
improve the digital surveillance capabilities of the
Government of the People's Republic of China.''.
______
SA 517. Mr. KING submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle ___ of title ___, add the following:
appropriate place in title ___, insert the following:
SEC. ___. AMENDMENTS TO RESEARCH PROJECT TRANSACTION
AUTHORITIES TO ELIMINATE COST-SHARING
REQUIREMENTS AND REDUCE BURDENS ON USE.
(a) Cooperative Agreements for Research Projects.--Section
2371(e) of title 10, United States Code, is amended--
(1) by striking paragraph (2);
(2) by striking paragraph (1)(B);
(3) in paragraph (1)(A), by striking ``; and'' and
inserting a period; and
(4) by striking ``(e) Conditions.--(1) The Secretary of
Defense'' and all that follows through ``(A) to the maximum
extent practicable'' and inserting ``(e) Conditions.--The
Secretary of Defense, to the maximum extent practicable''.
(b) Conforming Amendment.--Section 2371b(b) of title 10,
United States Code, is amended by striking ``(b) Exercise of
Authority.--'' and all that follows through ``(2) To the
maximum extent practicable'' and inserting ``(b) Exercise of
Authority.--To the maximum extent practicable''.
______
SA 518. Mr. WARNER (for himself and Ms. Collins) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At appropriate place in title X, insert the following:
SEC. ___. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN
SECURITY CLEARANCE PROCEDURES AND RIGHT TO
APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at
the end the following:
``(c) Exclusivity.--Except as provided in subsection (b)
and subject to sections 801A and 801B, the procedures
established pursuant to subsection (a) shall be the exclusive
procedures by which decisions about eligibility for access to
classified information are governed.''.
(b) Transparency.--Such section is further amended by
adding at the end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the procedures
established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal Register; and
``(ii) comply with the requirements of subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination,
the head of the agency or any person acting on behalf of the
agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, color, religion, sex, national origin,
age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President,
currently or formerly employed in, detailed to, assigned to,
or issued an authorized conditional offer of employment for a
position that requires access to classified information by an
agency, including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or on
behalf of an agency as determined by the head of the agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020, each head of an agency shall, consistent with
the interest of national security, establish and publish in
the Federal Register a process by which a covered person to
whom eligibility for access to classified information was
denied or revoked by the agency can appeal that denial or
revocation within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom eligibility
for access to classified information is denied or revoked by
an agency, the following:
``(i) The head of the agency shall provide the covered
person with a written--
``(I) detailed explanation of the basis for the denial or
revocation as the head of the agency determines is consistent
with the interests of national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the covered person to a
hearing and appeal under this subsection.
``(ii) Not later than 30 days after receiving a request
from the covered person for copies of the documents that
formed the basis of the agency's decision to revoke or deny,
including the investigative file, the head of the agency
shall provide to the covered person copies of such documents
as--
``(I) the head of the agency determines is consistent with
the interests of national security; and
``(II) permitted by other applicable provisions of law,
including--
``(aa) section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act');
``(bb) section 552a of such title (commonly known as the
`Privacy Act of 1974'); and
[[Page S3519]]
``(cc) such other provisions of law relating to the
protection of confidential sources and privacy of
individuals.
``(iii)(I) The covered person shall have the opportunity to
retain counsel or other representation at the covered
person's expense.
``(II) Upon the request of the covered person, and a
showing that the ability to review classified information is
essential to the resolution of an appeal under this
subsection, counsel or other representation retained under
this clause shall be considered for access to classified
information for the limited purposes of such appeal.
``(iv)(I) The head of the agency shall provide the covered
person an opportunity, at a point in the process determined
by the agency head--
``(aa) to appear personally before an adjudicative or other
authority, other than the investigating entity, and to
present to such authority relevant documents, materials, and
information, including evidence that past problems relating
to the denial or revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine witnesses before such
authority, unless the head of the agency determines that
calling and cross-examining witnesses is not consistent with
the interests of national security.
``(II) The head of the agency shall make, as part of the
security record of the covered person, a written summary,
transcript, or recording of any appearance under item (aa) of
subclause (I) or calling or cross-examining of witnesses
under item (bb) of such subclause.
``(v) On or before the date that is 30 days after the date
on which the covered person receives copies of documents
under clause (ii), the covered person may request a hearing
of the decision to deny or revoke by filing a written appeal
with the head of the agency.
``(B) A requirement that each review of a decision under
this subsection is completed on average not later than 180
days after the date on which a hearing is requested under
subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall establish a
panel to hear and review appeals under this subsection.
``(B) Membership.--
``(i) Composition.--Each panel established by the head of
an agency under subparagraph (A) shall be composed of at
least three employees of the agency selected by the head, two
of whom shall not be members of the security field.
``(ii) Terms.--A term of service on a panel established by
the head of an agency under subparagraph (A) shall not exceed
2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel established under
subparagraph (A) shall be in writing and contain a
justification of the decision.
``(ii) Consistency.--Each head of an agency that
establishes a panel under subparagraph (A) shall ensure that
each decision of the panel is consistent with the interests
of national security and applicable provisions of law.
``(iii) Overturn.--The head of an agency may overturn a
decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the agency head
personally exercises the authority granted by this clause to
overturn such decision.
``(iv) Finality.--Each decision of a panel established
under subparagraph (A) or overturned pursuant to clause (iii)
of this subparagraph shall be final but subject to appeal and
review under subsection (c).
``(D) Access to classified information.--The head of an
agency that establishes a panel under subparagraph (A) shall
afford access to classified information to the members of the
panel as the head determines--
``(i) necessary for the panel to hear and review an appeal
under this subsection; and
``(ii) consistent with the interests of national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall ensure
that, under this subsection, a covered person appealing a
decision of the head's agency under this subsection has an
opportunity to retain counsel or other representation at the
covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a covered person
appealing a decision of an agency under this subsection and a
showing that the ability to review classified information is
essential to the resolution of the appeal under this
subsection, the head of the agency shall sponsor an
application by the counsel or other representation retained
under this paragraph for access to classified information for
the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Corrective action.--
``(A) In general.--If, in the course of proceedings under
this subsection, the head of an agency or a panel established
by the head under paragraph (3) decides that a covered
person's eligibility for access to classified information was
improperly denied or revoked by the agency, the agency shall
take corrective action to return the covered person, as
nearly as practicable and reasonable, to the position such
covered person would have held had the improper denial or
revocation not occurred.
``(B) Compensation.--Corrective action under subparagraph
(A) may include compensation, in an amount not to exceed
$300,000, for any loss of wages or benefits suffered, or
expenses otherwise incurred, by reason of such improper
denial or revocation.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall publish
each final decision on an appeal under this subsection.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after the
date of the enactment of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020, the Security Executive Agent shall
establish a panel to review decisions made on appeals
pursuant to the processes established under subsection (b).
``(B) Scope of review and jurisdiction.--After initial
review to verify grounds for appeal, the panel established
under subparagraph (A) shall review such decisions only--
``(i) as they relate to violations of section 801A(b); or
``(ii) to the extent to which an agency properly conducted
a review of an appeal under subsection (b).
``(C) Composition.--The panel established pursuant to
subparagraph (A) shall be composed of three individuals
selected by the Security Executive Agent for purposes of the
panel, of whom at least one shall be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date that is 30 days
after the date on which a covered person receives a written
decision on an appeal under subsection (b), the covered
person may initiate oversight of that decision by filing a
written appeal with the Security Executive Agent.
``(ii) Filing.--A written appeal filed under clause (i)
relating to a decision of an agency shall be filed in such
form, in such manner, and containing such information as the
Security Executive Agent may require, including--
``(I) a description of--
``(aa) any alleged violations of section 801A(b) relating
to the denial or revocation of the covered person's
eligibility for access to classified information; and
``(bb) any allegations of how the decision may have been
the result of the agency failing to properly conduct a review
under subsection (b); and
``(II) supporting materials and information for the
allegations described under subclause (I).
``(B) Timeliness.--The Security Executive Agent shall
ensure that, on average, review of each appeal filed under
this subsection is completed not later than 180 days after
the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing under
this subsection a decision of an agency under subsection (b),
the panel established under paragraph (1) decides that there
is sufficient evidence of a violation of section 801A(b) to
merit a new hearing or decides that the decision of the
agency was the result of an improperly conducted review under
subsection (b), the panel shall vacate the decision made
under subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the panel
established under paragraph (1) shall be in writing and
contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1) shall
ensure that each decision of the panel is consistent with the
interests of national security and applicable provisions of
law.
``(D) Finality.--
``(i) In general.--Except as provided in clause (ii), each
decision of the panel established under paragraph (1) shall
be final.
``(ii) Overturn.--The Security Executive Agent may overturn
a decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the Security
Executive Agent personally exercises the authority granted by
this clause to overturn such decision.
``(E) Nature of remands.--In remanding a decision under
subparagraph (A), the panel established under paragraph (1)
may not direct the outcome of any further appeal under
subsection (b).
``(F) Notice of decisions.--For each decision of the panel
established under paragraph (1) regarding a covered person,
the Security Executive Agent shall provide the covered person
with a written notice of the decision that includes a
detailed description
[[Page S3520]]
of the reasons for the decision, consistent with the
interests of national security and applicable provisions of
law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent shall
ensure that, under this subsection, a covered person
appealing a decision under subsection (b) has an opportunity
to retain counsel or other representation at the covered
person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the covered person
and a showing that the ability to review classified
information is essential to the resolution of an appeal under
this subsection, the Security Executive Agent shall sponsor
an application by the counsel or other representation
retained under this paragraph for access to classified
information for the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The Security
Executive Agent shall afford access to classified information
to the members of the panel established under paragraph
(1)(A) as the Security Executive Agent determines--
``(i) necessary for the panel to review a decision
described in such paragraph; and
``(ii) consistent with the interests of national security.
``(B) Agency compliance with requests of panel.--Each head
of an agency shall comply with each request by the panel for
a document and each request by the panel for access to
employees of the agency necessary for the review of an appeal
under this subsection, to the degree that doing so is, as
determined by the head of the agency and permitted by
applicable provisions of law, consistent with the interests
of national security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an appeal
under this subsection, the head of the agency with respect to
which the appeal pertains and the Security Executive Agent
shall each publish the decision, consistent with the
interests of national security.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for
access to classified information shall retain all rights to
appeal under this section until the conclusion of the appeal
process under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily waive
the covered person's right to appeal under this section and
such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not require a
covered person to waive the covered person's right to appeal
under this section for any reason.
``(e) Waiver of Availability of Procedures for National
Security Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under this section cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (1) that a procedure
established under this section cannot be made available to a
covered person, the head shall, not later than 30 days after
the date on which the head makes such determination, submit
to the Security Executive Agent and to the congressional
intelligence committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (1) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (1), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(f) Denials and Revocations Under Other Provisions of
Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power
of the head of an agency to deny or revoke eligibility for
access to classified information in the interest of national
security.
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information pursuant to any other provision of law or
Executive order may be exercised only when the head of an
agency determines that an applicable process established
under this section cannot be invoked in a manner that is
consistent with national security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (2) that determination
relating to a denial or revocation of eligibility for access
to classified information could not be made pursuant to a
process established under this section, the head shall, not
later than 30 days after the date on which the head makes
such determination under paragraph (2), submit to the
Security Executive Agent and to the congressional
intelligence committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (2) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (2), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code
of Federal Regulations, or successor regulation, for the
purpose of denying a covered person the review proceedings of
this section where there has been a denial or revocation of
eligibility for access to classified information.
``(h) Preservation of Roles and Responsibilities Under
Executive Order 10865 and of the Defense Office of Hearings
and Appeals.--Nothing in this section shall be construed to
diminish or otherwise affect the procedures in effect on the
day before the date of the enactment of this Act for denial
and revocation procedures provided to individuals by
Executive Order 10865 (50 U.S.C. 3161 note; relating to
safeguarding classified information within industry), or
successor order, including those administered through the
Defense Office of Hearings and Appeals of the Department of
Defense under Department of Defense Directive 5220.6, or
successor directive.
``(i) Rule of Construction Relating to Certain Other
Provisions of Law.--This section and the processes and
procedures established under this section shall not be
construed to apply to paragraphs (6) and (7) of section
3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002), as amended by subsection (c), is
further amended by inserting after the item relating to
section 801A the following:
``Sec. 801B. Right to appeal.''.
______
SA 519. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XVI, add the following:
SEC. ___. REPORT ON THE EXPANDED PURVIEW OF THE DEFENSE
COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the Defense
Counterintelligence and Security Agency.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Identification of the resources and authorities
appropriate for the Inspector General for the expanded
purview of the Defense Counterintelligence and Security
Agency.
[[Page S3521]]
(2) Identification of the resources and authorities needed
to perform the civil liberties and privacy officer function
of the Defense Counterintelligence and Security Agency.
(3) An assessment of the security protocols in effect for
personally identifiable information held by the Defense
Counterintelligence and Security Agency.
(4) An assessment of the governance structure of the
Defense Counterintelligence and Security Agency as it relates
to the Department of Defense, including with respect to
status, authorities, and leadership.
(5) An assessment of the governance structure of the
Defense Counterintelligence and Security Agency as it relates
to interagency partners, including the Office of Management
and Budget, the Office of the Director of National
Intelligence, and the Office of Personnel Management.
(6) The methodology the Defense Counterintelligence and
Security Agency will prioritize requests for background
investigation requests from government agencies and industry.
______
SA 520. Mr. WARNER (for himself, Mrs. Feinstein, and Mr. Kaine)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXX, add the following:
SEC. 3048. IMPROVEMENTS TO PRIVATIZED MILITARY HOUSING.
(a) Mold Assessment and Remediation.--The Secretary
concerned shall establish standard mold assessment and mold
remediation requirements and standard operating procedures
for mold assessment and remediation in agreements entered
into with landlords of privatized military housing under the
jurisdiction of the Secretary concerned based on Federal
Government guidelines and industry standards.
(b) Advisory Group on Privatized Military Housing
Agreements.--
(1) In general.--The Secretary of Defense shall establish a
temporary and independent advisory group to assist the
Department of Defense in the renegotiation of agreements with
landlords of privatized military housing.
(2) Members.--The Secretary shall appoint to the advisory
group under paragraph (1) subject matters experts--
(A) from Federal agencies other than the Department of
Defense; and
(B) from outside the Federal Government.
(3) Duties.--The advisory group under paragraph (1) shall
ensure that agreements with landlords of privatized military
housing require the following:
(A) The oversight of privatized military housing by
independent, credentialed, and high-quality housing
inspectors.
(B) The adherence of landlords to Federal, State, and local
laws relating to environmental and safety hazards.
(C) The use of appropriately credentialed and skilled
contractors for maintenance.
(D) Direct access by tenants to a tenant housing advocate.
(E) The establishment of an independent third-party arbiter
for dispute resolution.
(F) The issuance of clear penalties for the landlord when
the landlord does not meet its obligations under the
agreement.
(4) Termination.--The advisory group established under
paragraph (1) shall terminate on the date that is one year
after the date of the enactment of this Act.
(c) Training for Military Housing Professionals.--The
Secretary of Defense shall ensure that military housing
professionals at each installation of the Department of
Defense are trained on issues relating to environmental and
safety hazards and State and local laws.
(d) Roles of State and Local Housing Authorities.--The
Secretary of Defense shall clarify to each landlord of
privatized military housing and each State in which
privatized military housing is located the roles and
responsibilities of State and local housing authorities in
the oversight of privatized military housing units.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(9) of title 10, United States Code.
______
SA 521. Mr. WARNER (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1262. ELIGIBILITY FOR FOREIGN MILITARY SALES AND EXPORT
STATUS UNDER ARMS EXPORT CONTROL ACT.
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is
amended--
(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5),
21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A),
36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting
``India,'' before ``or New Zealand'' each place it appears;
(2) in section 3(b)(2), by inserting ``the Government of
India,'' before ``or the Government of New Zealand''; and
(3) in sections 21(h)(1)(A) and 21(h)(2), by inserting
``India,'' before ``or Israel'' each place it appears.
______
SA 522. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. IMPROVING QUALITY OF INFORMATION IN BACKGROUND
INVESTIGATION REQUEST PACKAGES.
(a) Report on Metrics and Best Practices.--Not later than
180 days after the date of the enactment of this Act, the
Director of the Defense Counterintelligence and Security
Agency, which serves as the primary executive branch service
provider for background investigations for eligibility for
access to classified information, eligibility to hold a
sensitive position, and for suitability and fitness for other
matters pursuant to Executive Order 13467 (50 U.S.C. 3161
note; relating to reforming processes related to suitability
for Government employment, fitness for contractor employees,
and eligibility for access to classified national security
information), shall, in consultation with the Security,
Suitability, and Credentialing Performance Accountability
Council established under such executive order, submit to
Congress a report on--
(1) metrics for assessing the completeness and quality of
packages for background investigations submitted by agencies
requesting background investigations from the Defense
Counterintelligence and Security Agency;
(2) rejection rates of background investigation submission
packages due to incomplete or erroneous data, by agency; and
(3) best practices for ensuring full and complete
information in background investigation requests.
(b) Annual Report on Performance.--Not later than 270 days
after the date of the enactment of this Act and not less
frequently than once each year thereafter, the Security,
Suitability, and Credentialing Performance Accountability
Council shall submit to Congress a report on performance
against the metrics and return rates identified in paragraphs
(1) and (2) of subsection (a).
(c) Improvement Plans.--
(1) Identification.--Not later than one year after the date
of the enactment of this Act, executive agents under
Executive Order 13467 (50 U.S.C. 3161 note) shall identify
agencies in need of improvement with respect to the quality
of the information in the background investigation
submissions of the agencies as reported in subsection (b).
(2) Plans.--Not later than 90 days after an agency is
identified under paragraph (1), the head of the agency shall
provide the executive agents referred to in such paragraph
with a plan to improve the performance of the agency with
respect to the quality of the information in the agency's
background investigation submissions.
______
SA 523. Mr. UDALL (for himself and Mr. Crapo) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title XXXI, insert the
following:
SEC. __. REPORT REGARDING GOVERNMENT NUCLEAR TESTING AND
COMPENSATION FOR RADIATION EXPOSURE.
By not later than 90 days after the date of enactment of
this Act, the Secretary of Defense, in consultation with the
Attorney General, shall prepare and submit a report to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives that--
(1) assesses the extent to which individuals affected by
Federal Government nuclear testing are prevented from
receiving compensation under the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note); and
(2) describes the different groups, including an estimate
of the number of people in each group, who are affected by
Federal Government nuclear testing but are not compensated
under such Act, including people of the United States who
live in close proximity to where such testing occurred.
______
SA 524. Ms. BALDWIN submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for
[[Page S3522]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XV, add the following:
Subtitle C--Other Matters
SEC. 1531. REVIEW OF JOINT IMPROVISED-THREAT DEFEAT
ORGANIZATION RESEARCH RELATING TO HUMANITARIAN
DEMINING EFFORTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
conduct a review of the research of the Joint Improvised-
Threat Defeat Organization to identify information that may
be released to United States humanitarian demining
organizations for the purpose of improving the efficiency and
effectiveness of humanitarian demining efforts.
(b) Report to Congress.--The Secretary shall submit a
report to the congressional defense committees detailing the
research identified under subsection (a).
______
SA 525. Mr. VAN HOLLEN (for himself, Mr. Toomey, Mr. Brown, Mr.
Portman, Mr. Gardner, and Mr. Markey) submitted an amendment intended
to be proposed by him to the bill S. 1790, to authorize appropriations
for fiscal year 2020 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of division A, add the following:
TITLE XVII--OTTO WARMBIER BANKING RESTRICTIONS INVOLVING NORTH KOREA
ACT OF 2019
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Otto Warmbier Banking
Restrictions Involving North Korea Act of 2019''.
Subtitle A--Sanctions With Respect to North Korea
SEC. 1711. FINDINGS.
Congress finds the following:
(1) Since 2006, the United Nations Security Council has
adopted 10 resolutions imposing sanctions against North Korea
under chapter VII of the United Nations Charter, which--
(A) prohibit the use, development, and proliferation of
weapons of mass destruction by North Korea;
(B) prohibit the supply, sale, or transfer of arms and
related materiel to or from North Korea;
(C) prohibit the transfer of luxury goods to North Korea;
(D) restrict access by North Korea to financial services
that could contribute to nuclear, missile, or other programs
related to the development of weapons of mass destruction;
(E) restrict North Korean shipping, including the
registration, reflagging, or insuring of North Korean ships;
(F) prohibit, with limited exceptions, North Korean exports
of coal, precious metals, iron, vanadium, and rare earth
minerals;
(G) prohibit the transfer to North Korea of rocket,
aviation, or jet fuel, as well as gasoline, condensates, and
natural gas liquids;
(H) prohibit new work authorization for North Korean
laborers and require the repatriation of all North Korean
laborers by December 2019;
(I) prohibit exports of North Korean food and agricultural
products, including seafood;
(J) prohibit joint ventures or cooperative commercial
entities or expanding joint ventures with North Korea;
(K) prohibit exports of North Korean textiles;
(L) require member countries of the United Nations to
seize, inspect, and impound any ship in its jurisdiction that
is suspected of violating Security Council resolutions with
respect to North Korea and to interdict and inspect all cargo
heading to or from North Korea by land, sea, or air;
(M) limit the transfer to North Korea of refined petroleum
products and crude oil;
(N) ban the sale or transfer to North Korea of industrial
machinery, transportation vehicles, electronics, iron, steel,
and other metals;
(O) reduce North Korean diplomatic staff numbers in member
countries of the United Nations and expel any North Korean
diplomats found to be working on behalf of a person subject
to sanctions or assisting in sanctions evasion;
(P) limit North Korean diplomatic missions abroad with
respect to staff size and access to banking privileges and
prohibit commerce from being conducted out of North Korean
consular or diplomatic offices;
(Q) require member states of the United Nations to close
representative offices, subsidiaries, and bank accounts in
North Korea;
(R) prohibit countries from providing or receiving military
training to or from North Korea or hosting North Koreans for
specialized teaching or training that could contribute to the
programs of North Korea related to the development of weapons
of mass destruction;
(S) ban countries from granting landing and flyover rights
to North Korean aircraft; and
(T) prohibit trade in statuary of North Korean origin.
(2) The Government of North Korea has threatened to carry
out nuclear attacks against the United States, South Korea,
and Japan.
(3) The Government of North Korea tested its sixth and
largest nuclear device on September 3, 2017.
(4) According to a report by the International Atomic
Energy Agency released in August 2018, ``The continuation and
further development of the DPRK's nuclear programme and
related statements by the DPRK are a cause for grave concern.
The DPRK's nuclear activities, including those in relation to
the Yongbyon Experimental Nuclear Power Plant (5 MW(e))
reactor, the use of the building which houses the reported
centrifuge enrichment facility and the construction at the
light water reactor, as well as the DPRK's sixth nuclear
test, are clear violations of relevant UN Security Council
resolutions, including resolution 2375 (2017) and are deeply
regrettable.''.
(5) In July 2018, Secretary of State Mike Pompeo testified
to the Committee on Foreign Relations of the Senate that
North Korea ``continue[s] to produce fissile material''
despite public pledges by North Korean leader Kim Jong-un to
denuclearize.
(6) The 2019 Missile Defense Review conducted by the
Department of Defense states that North Korea ``continues to
pose an extraordinary threat and the United States must
remain vigilant. In the past, North Korea frequently issued
explicit nuclear missile threats against the United States
and allies, all the while working aggressively to field the
capability to strike the U.S. homeland with nuclear-armed
ballistic missiles. Over the past decade, it has invested
considerable resources in its nuclear and ballistic missile
programs, and undertaken extensive nuclear and missile
testing in order to realize the capability to threaten the
U.S. homeland with missile attack. As a result, North Korea
has neared the time when it could credibly do so.''.
(7) Financial transactions and investments that provide
financial resources to the Government of North Korea, and
that fail to incorporate adequate safeguards against the
misuse of those financial resources, pose an undue risk of
contributing to--
(A) weapons of mass destruction programs of that
Government; and
(B) efforts to evade restrictions required by the United
Nations Security Council on imports or exports of arms and
related materiel, services, or technology by that Government.
(8) The Federal Bureau of Investigation has determined that
the Government of North Korea was responsible for
cyberattacks against entities in the United States, South
Korea, and around the world.
(9) In November 2017, President Donald Trump designated the
government of North Korea as a state sponsor of terrorism
pursuant to authorities under the Export Administration Act
of 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect
at the time under the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.)), the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), and the Arms Export Control
Act (22 U.S.C. 2751 et seq.);
(10) On February 22, 2018, the Secretary of State
determined that the Government of North Korea was responsible
for the lethal nerve agent attack in 2017 on Kim Jong Nam,
the half-brother of North Korean leader Kim Jong-un, in
Malaysia, triggering sanctions required under the Chemical
and Biological Weapons Control and Warfare Elimination Act of
1991 (22 U.S.C. 5601 et seq.).
(11) The strict enforcement of sanctions is essential to
the efforts of the international community to achieve the
peaceful, complete, verifiable, and irreversible
dismantlement of weapons of mass destruction programs of the
Government of North Korea.
SEC. 1712. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States is committed to working with its
allies and partners to halt the nuclear and ballistic missile
programs of North Korea through a policy of maximum pressure
and diplomatic engagement;
(2) the imposition of sanctions, including those under this
title, should not be construed to limit the authority of the
President to fully engage in diplomatic negotiations to
further the policy objective described in paragraph (1);
(3) the successful use of sanctions to halt the nuclear and
ballistic missile programs of North Korea is part of a
broader diplomatic and economic strategy that relies on
effective coordination among relevant Federal agencies and
officials, as well as with international partners of the
United States; and
(4) the coordination described in paragraph (3) should
include proper vetting of external messaging and
communications from all parts of the Executive branch to
ensure that those communications are an intentional component
of and aligned with the strategy of the United States with
respect to North Korea.
SEC. 1713. DEFINITIONS.
(a) In General.--In this subtitle, the terms ``applicable
Executive order'', ``applicable United Nations Security
Council resolution'', ``appropriate congressional
committees'', ``Government of North Korea'', ``North Korea'',
and ``North Korean financial institution'' have the meanings
given those terms in section 3 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9202), as
amended by subsection (b).
[[Page S3523]]
(b) Amendments to Definitions in North Korea Sanctions and
Policy Enhancement Act of 2016.--Section 3 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202)
is amended--
(1) in paragraph (1)(A), in the matter preceding clause
(i), by striking ``Executive Order No. 13694'' and all that
follows through ``to the extent that'' and inserting the
following: ``Executive Order 13694 (50 U.S.C. 1701 note;
relating to blocking the property of certain persons engaging
in significant malicious cyber-enabled activities), Executive
Order 13722 (50 U.S.C. 1701 note; relating to blocking the
property of the Government of North Korea and the Workers'
Party of Korea, and prohibiting certain transactions with
respect to North Korea), or Executive Order 13810 (82 Fed.
Reg. 44705; relating to imposing additional sanctions with
respect to North Korea), to the extent that''; and
(2) in paragraph (2)(A), by striking ``or 2321 (2016)'' and
inserting ``2321 (2016), 2356 (2017), 2371 (2017), 2375
(2017), or 2397 (2017)''.
PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS
SEC. 1721. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO
CERTAIN SANCTIONED PERSONS.
(a) In General.--Title II of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is
amended by inserting after the item relating to section 201A
the following:
``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO
CERTAIN SANCTIONED PERSONS.
``(a) In General.--The Secretary of the Treasury shall
impose one or more of the sanctions described in subsection
(b) with respect to a foreign financial institution that the
Secretary determines, on or after the date that is 90 days
after the date of the enactment of the Otto Warmbier Banking
Restrictions Involving North Korea Act of 2019, knowingly
provides significant financial services to any person
designated for the imposition of sanctions under--
``(1) subsection (a) or (b) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council
resolution.
``(b) Sanctions Described.--The sanctions that may be
imposed with respect to a foreign financial institution
subject to subsection (a) are the following:
``(1) Asset blocking.--The Secretary may block and
prohibit, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of the foreign financial
institution if such property and interests in property are in
the United States, come within the United States, or are or
come within the possession or control of a United States
person.
``(2) Restrictions on correspondent and payable-through
accounts.--The Secretary may prohibit, or impose strict
conditions on, the opening or maintaining in the United
States of a correspondent account or a payable-through
account by the foreign financial institution.
``(c) Implementation; Penalties.--
``(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
``(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
``(d) Regulations.--Not later than 180 days after the date
of the enactment of the Otto Warmbier Banking Restrictions
Involving North Korea Act of 2019, the President shall, as
appropriate, prescribe regulations to carry out this section.
``(e) Definitions.--In this section:
``(1) Account; correspondent account; payable-through
account.--The terms `account', `correspondent account', and
`payable-through account' have the meanings given those terms
in section 5318A of title 31, United States Code.
``(2) Financial institution.--The term `financial
institution' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (M), or (Y) of section 5312(a)(2) of title 31, United
States Code.
``(3) Foreign financial institution.--The term `foreign
financial institution' shall have the meaning of that term as
determined by the Secretary of the Treasury.
``(4) Knowingly.--The term `knowingly', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.''.
(b) Clerical Amendment.--The table of contents for the
North Korea Sanctions and Policy Enhancement Act of 2016 is
amended by inserting after the item relating to section 201A
the following:
``201B. Sanctions with respect to foreign financial institutions that
provide financial services to certain sanctioned
persons.''.
SEC. 1722. CODIFICATION OF EXECUTIVE ORDERS RELATING TO
SANCTIONS WITH RESPECT TO NORTH KOREA.
(a) In General.--Section 210 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9230) is
amended--
(1) by striking ``United States sanctions'' and all that
follows through ``the date of the enactment of this Act'' and
inserting ``United States sanctions provided for in Executive
Order 13687 (50 U.S.C. 1701 note; relating to imposing
additional sanctions with respect to North Korea), Executive
Order 13694 (50 U.S.C. 1701 note; relating to blocking the
property of certain persons engaging in significant malicious
cyber-enabled activities), Executive Order 13722 (50 U.S.C.
1701 note; relating to blocking the property of the
Government of North Korea and the Workers' Party of Korea,
and prohibiting certain transactions with respect to North
Korea), or Executive Order 13810 (82 Fed. Reg. 44705;
relating to imposing additional sanctions with respect to
North Korea), as such Executive Orders are in effect on the
day before the date of the enactment of the Otto Warmbier
Banking Restrictions Involving North Korea Act of 2019'';
(2) by striking ``the Government of North Korea, persons
acting for or on behalf of that Government, and persons owned
or controlled, directly or indirectly, by that Government or
persons acting for or on behalf of that Government,'' and
inserting ``persons subject to such sanctions''; and
(3) by striking ``and 2094 (2013)'' and inserting ``2094
(2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017),
2375 (2017), and 2397 (2017)''.
(b) Conforming Amendment.--Section 210 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9230)
is amended in the section heading by striking ``sanctions
with respect to north korean activities undermining
cybersecurity'' and inserting ``executive orders relating to
sanctions with respect to north korea''.
(c) Clerical Amendment.--The table of contents for the
North Korea Sanctions and Policy Enhancement Act of 2016 is
amended by striking the item relating to section 210 and
inserting the following:
``Sec. 210. Codification of Executive orders relating to sanctions with
respect to North Korea.''.
SEC. 1723. EXPANSION OF MANDATORY DESIGNATIONS UNDER NORTH
KOREA SANCTIONS AND POLICY ENHANCEMENT ACT OF
2016.
(a) In General.--Section 104(a) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9214(a)) is amended--
(1) in paragraph (14), by striking ``or'' at the end;
(2) by redesignating paragraph (15) as paragraph (24);
(3) by inserting after paragraph (14) the following:
``(15) knowingly, directly or indirectly, purchases or
otherwise acquires from the Government of North Korea
significant quantities of coal, iron, or iron ore, except as
specifically approved by the United Nations Security Council;
``(16) knowingly, directly or indirectly, provides to North
Korea coal, iron, or iron ore;
``(17) knowingly, directly or indirectly, purchases or
otherwise acquires textiles from the Government of North
Korea, except as specifically approved by the United Nations
Security Council;
``(18) knowingly facilitates a significant transfer of
funds or property from the Government of North Korea that
materially contributes to any violation of an applicable
United Nations Security Council resolution;
``(19) knowingly, directly or indirectly, purchases or
otherwise acquires significant types or amounts of seafood
from North Korea, except as specifically approved by the
United Nations Security Council;
``(20) knowingly, directly or indirectly, engages in,
facilitates, or is responsible for the exportation of workers
from North Korea;
``(21) knowingly, directly or indirectly, sells or
transfers vessels to North Korea, except as specifically
approved by the United Nations Security Council;
``(22) knowingly, directly or indirectly, supplies, sells,
or transfers to North Korea crude oil or refined petroleum
products in excess of the aggregate amounts established in
applicable United Nations Security Council resolutions,
except as specifically approved by the United Nations
Security Council;
``(23) knowingly contributes to--
``(A) the bribery of an official of the Government of North
Korea or any person acting for or on behalf of that official;
``(B) the misappropriation, theft, or embezzlement of
public funds by, or for the benefit of, an official of the
Government of North Korea or any person acting for or on
behalf of that official; or
``(C) the use of any proceeds of any activity described in
subparagraph (A) or (B); or''; and
(4) in paragraph (24), as redesignated by paragraph (2), by
striking ``through (14)'' and inserting ``through (23)''.
(b) Conforming Amendments.--The North Korea Sanctions and
Policy Enhancement Act of 2016 is amended--
(1) in section 104(b)(1) (22 U.S.C. 9214(b)(1))--
(A) by striking subparagraphs (B), (D), (E), (F), and (L);
and
[[Page S3524]]
(B) by redesignating subparagraphs (C), (G), (H), (I), (J),
(K), (M), and (N) as subparagraphs (B), (C), (D), (E), (F),
(G), (H), and (I), respectively; and
(2) in section 302(b)(3) (22 U.S.C. 9241(b)(3)), by
striking ``section 104(b)(1)(M)'' and inserting ``section
104(a)(20)''.
SEC. 1724. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION
PREVENTION SANCTIONS.
Section 203(b)(2) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by
striking ``2 years'' and inserting ``5 years''.
SEC. 1725. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING
OF PROPERTY OF NORTH KOREAN OFFICIALS.
It is the sense of Congress that the President should--
(1) encourage international collaboration through the
Financial Action Task Force and its global network to utilize
its standards and apply means at its disposal to counter the
money laundering, terrorist financing, and proliferation
financing threats emanating from North Korea; and
(2) prioritize multilateral efforts to identify and block--
(A) any property owned or controlled by a North Korean
official; and
(B) any significant proceeds of kleptocracy by the
Government of North Korea or a North Korean official.
SEC. 1726. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED
NATIONS SECURITY COUNCIL RESOLUTIONS BY OTHER
GOVERNMENTS.
Section 317 of the Korean Interdiction and Modernization of
Sanctions Act (title III of Public Law 115-44; 131 Stat. 950)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for 5 years,'' and
inserting ``Not later than 180 days after the date of the
enactment of the Otto Warmbier Banking Restrictions Involving
North Korea Act of 2019, and annually thereafter for 5
years,'';
(B) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(C) by redesignating paragraph (4) as paragraph (8); and
(D) by inserting after paragraph (3) the following:
``(4) prohibit, in the territories of such countries or by
persons subject to the jurisdiction of such governments, the
opening of new joint ventures or cooperative entities with
North Korean persons or the expansion of existing joint
ventures through additional investments, whether or not for
or on behalf of the Government of North Korea, unless such
joint ventures or cooperative entities have been approved by
the Committee of the United Nations Security Council
established by United Nations Security Council Resolution
1718 (2006);
``(5) prohibit the unauthorized clearing of funds by North
Korean financial institutions through financial institutions
subject to the jurisdiction of such governments;
``(6) prohibit the unauthorized conduct of commercial trade
with North Korea that is prohibited under applicable United
Nations Security Council resolutions;
``(7) prevent the provision of financial services to North
Korean persons or the transfer of financial services to North
Korean persons to, through, or from the territories of such
countries or by persons subject to the jurisdiction of such
governments; or''; and
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees and
leadership.--The term `appropriate congressional committees
and leadership' means--
``(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
``(B) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
``(2) Applicable united nations security council
resolution; north korean financial institution; north korean
person.--The terms `applicable United Nations Security
Council resolution', `North Korean financial institution',
and `North Korean person' have the meanings given those terms
in section 3 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9202).''.
SEC. 1727. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF
BENEFICIAL OWNERSHIP RULES TO ACCESS THE
INTERNATIONAL FINANCIAL SYSTEM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall submit to the appropriate congressional committees a
report setting forth the findings of the Secretary regarding
how the Government of North Korea is exploiting laws with
respect to the beneficial owner of an entity in order to
access the international financial system.
(b) Elements.--The Secretary shall include in the report
required under subsection (a) proposals for such legislative
and administrative action as the Secretary considers
appropriate to combat the abuse by the Government of North
Korea of shell companies and other similar entities to avoid
or evade sanctions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART II--CONGRESSIONAL REVIEW AND OVERSIGHT
SEC. 1731. NOTIFICATION OF TERMINATION OR SUSPENSION OF
SANCTIONS.
Not less than 15 days before taking any action to terminate
or suspend the application of sanctions under this subtitle
or an amendment made by this subtitle, the President shall
notify the appropriate congressional committees of the
President's intent to take the action and the reasons for the
action.
SEC. 1732. REPORTS ON CERTAIN LICENSING ACTIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report on the operation of the system for
issuing licenses for transactions under covered regulatory
provisions during the preceding 180-day period that
includes--
(1) the number and types of such licenses applied for
during that period; and
(2) the number and types of such licenses issued during
that period.
(b) Covered Regulatory Provision Defined.--In this section,
the term ``covered regulatory provision'' means any of the
following provisions, as in effect on the day before the date
of the enactment of this Act and as such provisions relate to
North Korea:
(1) Part 743, 744, or 746 of title 15, Code of Federal
Regulations.
(2) Part 510 of title 31, Code of Federal Regulations.
(3) Any other provision of title 31, Code of Federal
Regulations.
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1733. BRIEFINGS ON IMPLEMENTATION AND ENFORCEMENT OF
SANCTIONS.
Not later than 90 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of the
Treasury shall provide to the appropriate congressional
committees a briefing on efforts relating to the
implementation and enforcement of United States sanctions
with respect to North Korea, including appropriate updates on
the efforts of the Department of the Treasury to address
compliance with such sanctions by foreign financial
institutions.
SEC. 1734. REPORT ON FINANCIAL NETWORKS AND FINANCIAL METHODS
OF THE GOVERNMENT OF NORTH KOREA.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2025, the President shall submit to the appropriate
congressional committees a report on sources of external
support for the Government of North Korea that includes--
(A) a description of the methods used by the Government of
North Korea to deal in, transact in, or conceal the
ownership, control, or origin of goods and services exported
by North Korea;
(B) an assessment of the relationship between the
proliferation of weapons of mass destruction by the
Government of North Korea and the financial industry or
financial institutions;
(C) an assessment of the relationship between the
acquisition by the Government of North Korea of military
expertise, equipment, and technology and the financial
industry or financial institutions;
(D) a description of the export by any person to the United
States of goods, services, or technology that are made with
significant amounts of North Korean labor, material, or
goods, including minerals, manufacturing, seafood, overseas
labor, or other exports from North Korea;
(E) an assessment of the involvement of any person in human
trafficking involving citizens or nationals of North Korea;
(F) a description of how the President plans to address the
flow of funds generated by activities described in
subparagraphs (A) through (E), including through the use of
sanctions or other means;
(G) an assessment of the extent to which the Government of
North Korea engages in criminal activities, including money
laundering, to support that Government;
(H) information relating to the identification, blocking,
and release of property described in section 201B(b)(1) of
the North Korea Sanctions and Policy Enhancement Act of 2016,
as added by section 1721;
(I) a description of the metrics used to measure the
effectiveness of law enforcement and diplomatic initiatives
of Federal, State, and foreign governments to comply with the
provisions of applicable United Nations Security Council
resolutions; and
(J) an assessment of the effectiveness of programs within
the financial industry to ensure compliance with United
States sanctions, applicable United Nations Security Council
resolutions, and applicable Executive orders.
(2) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Interagency Coordination.--The President shall ensure
that any information collected pursuant to subsection (a) is
shared among the Federal departments and agencies involved in
investigations described in section 102(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9212(b)).
SEC. 1735. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO
TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF
CERTAIN ITEMS TO NORTH KOREA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act,
[[Page S3525]]
and annually thereafter through 2023, the Director of
National Intelligence shall submit to the President, the
Secretary of Defense, the Secretary of Commerce, the
Secretary of State, the Secretary of the Treasury, and the
appropriate congressional committees a report that identifies
all countries that the Director determines are of concern
with respect to transshipment, reexportation, or diversion of
items subject to the provisions of the Export Administration
Regulations under subchapter C of chapter VII of title 15,
Code of Federal Regulations, to an entity owned or controlled
by the Government of North Korea.
(b) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART III--GENERAL MATTERS
SEC. 1741. RULEMAKING.
The President shall prescribe such rules and regulations as
may be necessary to carry out this subtitle and amendments
made by this subtitle.
SEC. 1742. AUTHORITY TO CONSOLIDATE REPORTS.
(a) In General.--Any and all reports required to be
submitted to the appropriate congressional committees under
this subtitle or an amendment made by this subtitle that are
subject to a deadline for submission consisting of the same
unit of time may be consolidated into a single report that is
submitted pursuant to that deadline.
(b) Contents.--Any reports consolidated under subsection
(a) shall contain all information required under this
subtitle or an amendment made by this subtitle and any other
elements that may be required by existing law.
SEC. 1743. WAIVERS, EXEMPTIONS, AND TERMINATION.
(a) Application and Modification of Exemptions and Waivers
From North Korea Sanctions and Policy Enhancement Act of
2016.--Section 208 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9228) is amended--
(1) by inserting ``201B,'' after ``201A,'' each place it
appears; and
(2) in subsection (c), by inserting ``, not less than 15
days before the waiver takes effect,'' after ``if the
President''.
[(b) Exception Relating to Importation of Goods.--]
[(1) In general.--No provision affecting sanctions under
this subtitle or an amendment made by this subtitle shall
apply to sanctions on the importation of goods.]
[(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.]
(c) Suspension.--
(1) In general.--Subject to section 1731, any requirement
to impose sanctions under this subtitle or the amendments
made by this subtitle, and any sanctions imposed pursuant to
this subtitle or any such amendment, may be suspended for up
to one year if the President makes the certification
described in section 401 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9251) to the
appropriate congressional committees.
(2) Renewal.--A suspension under paragraph (1) may be
renewed in accordance with section 401(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9251(b)).
(d) Termination.--Subject to section 1731, any requirement
to impose sanctions under this subtitle or the amendments
made by this subtitle, and any sanctions imposed pursuant to
this subtitle or any such amendment, shall terminate on the
date on which the President makes the certification described
in section 402 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9252).
SEC. 1744. PROCEDURES FOR REVIEW OF CLASSIFIED INFORMATION.
(a) In General.--If a finding under this subtitle or an
amendment made by this subtitle, a prohibition, condition, or
penalty imposed as a result of any such finding, or a penalty
imposed under this subtitle or an amendment made by this
subtitle, is based on classified information (as defined in
section 1(a) of the Classified Information Procedures Act (18
U.S.C. App.)) and a court reviews the finding or the
imposition of the prohibition, condition, or penalty, the
Secretary of the Treasury may submit such information to the
court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of
any finding under this subtitle or an amendment made by this
subtitle, any prohibition, condition, or penalty imposed as a
result of any such finding, or any penalty imposed under this
subtitle or an amendment made by this subtitle.
SEC. 1745. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Treasury shall provide to the
appropriate congressional committees a briefing on--
(1) the resources allocated by the Department of the
Treasury to support each sanctions program administered by
the Department; and
(2) recommendations for additional authorities or resources
necessary to expand the capacity or capability of the
Department related to implementation and enforcement of such
programs.
SEC. 1746. BRIEFING ON PROLIFERATION FINANCING.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall provide to the appropriate congressional committees a
briefing on addressing proliferation finance.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) The Department of the Treasury's definition and
description of an appropriate risk-based approach to
combating financing of the proliferation of weapons of mass
destruction.
(2) An assessment of--
(A) Federal financial regulatory agency oversight,
including by the Financial Crimes Enforcement Network, of
United States financial institutions and the adoption by
their foreign subsidiaries, branches, and correspondent
institutions of a risk-based approach to proliferation
financing; and
(B) whether financial institutions in foreign jurisdictions
known by the United States intelligence and law enforcement
communities to be jurisdictions through which North Korea
moves substantial sums of licit and illicit finance are
applying a risk-based approach to proliferation financing,
and if that approach is comparable to the approach required
by United States financial institution supervisors.
(3) A survey of the technical assistance the Office of
Technical Assistance of the Department of the Treasury, and
other appropriate Executive branch offices, currently provide
foreign institutions on implementing counter-proliferation
financing best practices.
(4) An assessment of the ability of foreign subsidiaries,
branches, and correspondent institutions of United States
financial institutions to implement a risk-based approach to
proliferation financing.
Subtitle B--Divestment From North Korea
SEC. 1751. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST
FROM COMPANIES THAT INVEST IN NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that
the United States should support the decision of any State or
local government made for moral, prudential, or reputational
reasons, to divest from, or prohibit the investment of assets
of the State or local government in, a person that engages in
investment activities described in subsection (c) if North
Korea is subject to economic sanctions imposed by the United
States or the United Nations Security Council.
(b) Authority To Divest.--Notwithstanding any other
provision of law, a State or local government may adopt and
enforce measures that meet the requirements of subsection (d)
to divest the assets of the State or local government from,
or prohibit investment of the assets of the State or local
government in, any person that the State or local government
determines, using credible information available to the
public, engages in investment activities described in
subsection (c).
(c) Investment Activities Described.--Investment activities
described in this subsection are activities of a value of
more than $10,000 relating to an investment in North Korea or
in goods or services originating in North Korea that are not
conducted pursuant to a license issued by the Department of
the Treasury.
(d) Requirements.--Any measure taken by a State or local
government under subsection (b) shall meet the following
requirements:
(1) Notice.--The State or local government shall provide
written notice to each person with respect to which a measure
under this section is to be applied.
(2) Timing.--The measure applied under this section shall
apply to a person not earlier than the date that is 90 days
after the date on which written notice under paragraph (1) is
provided to the person.
(3) Opportunity to demonstrate compliance.--
(A) In general.--The State or local government shall
provide to each person with respect to which a measure is to
be applied under this section an opportunity to demonstrate
to the State or local government that the person does not
engage in investment activities described in subsection (c).
(B) Nonapplication.--If a person with respect to which a
measure is to be applied under this section demonstrates to
the State or local government under subparagraph (A) that the
person does not engage in investment activities described in
subsection (c), the measure shall not apply to that person.
(4) Sense of congress on avoiding erroneous targeting.--It
is the sense of Congress that a State or local government
should not adopt a measure under subsection (b) with respect
to a person unless the State or local government has--
(A) made every effort to avoid erroneously targeting the
person; and
(B) verified that the person engages in investment
activities described in subsection (c).
(e) Notice to Department of Justice.--Not later than 30
days before a State or local government applies a measure
under this section, the State or local government shall
notify the Attorney General of that measure.
(f) Authorization for Prior Applied Measures.--
[[Page S3526]]
(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, a State or local
government may enforce a measure (without regard to the
requirements of subsection (d), except as provided in
paragraph (2)) applied by the State or local government
before the date of the enactment of this Act that provides
for the divestment of assets of the State or local government
from, or prohibits the investment of the assets of the State
or local government in, any person that the State or local
government determines, using credible information available
to the public, engages in investment activities described in
subsection (c) that are identified in that measure.
(2) Application of notice requirements.--A measure
described in paragraph (1) shall be subject to the
requirements of paragraphs (1), (2), and (3)(A) of subsection
(d) on and after the date that is 2 years after the date of
the enactment of this Act.
(g) No Preemption.--A measure applied by a State or local
government that is consistent with subsection (b) or (f) is
not preempted by any Federal law.
(h) Definitions.--In this section:
(1) Asset.--
(A) In general.--Except as provided in subparagraph (B),
the term ``asset'' means public monies, and includes any
pension, retirement, annuity, endowment fund, or similar
instrument, that is controlled by a State or local
government.
(B) Exception.--The term ``asset'' does not include
employee benefit plans covered by title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et
seq.).
(2) Investment.--The term ``investment'' includes--
(A) a commitment or contribution of funds or property;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for goods or
services.
(i) Effective Date.--
(1) In general.--Except as provided in paragraph (2) and
subsection (f), this section applies to measures applied by a
State or local government before, on, or after the date of
the enactment of this Act.
(2) Notice requirements.--Except as provided in subsection
(f), subsections (d) and (e) apply to measures applied by a
State or local government on or after the date of the
enactment of this Act.
SEC. 1752. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY
ASSET MANAGERS.
Section 13(c)(1) of the Investment Company Act of 1940 (15
U.S.C. 80a-13(c)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) engage in investment activities described in section
1751(c) of the Otto Warmbier Banking Restrictions Involving
North Korea Act of 2019.''.
SEC. 1753. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN
INVESTMENTS.
It is the sense of Congress that--
(1) a fiduciary of an employee benefit plan, as defined in
section 3(3) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or
avoid investing plan assets in, any person the fiduciary
determines engages in investment activities described in
section 1751(c), if--
(A) the fiduciary makes that determination using credible
information that is available to the public; and
(B) the fiduciary prudently determines that the result of
that divestment or avoidance of investment would not be
expected to provide the employee benefit plan with--
(i) a lower rate of return than alternative investments
with commensurate degrees of risk; or
(ii) a higher degree of risk than alternative investments
with commensurate rates of return; and
(2) by divesting assets or avoiding the investment of
assets as described in paragraph (1), the fiduciary is not
breaching the responsibilities, obligations, or duties
imposed upon the fiduciary by subparagraph (A) or (B) of
section 404(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1104(a)(1)).
SEC. 1754. RULE OF CONSTRUCTION.
Nothing in this subtitle, an amendment made by this
subtitle, or any other provision of law authorizing sanctions
with respect to North Korea shall be construed to affect or
displace--
(1) the authority of a State or local government to issue
and enforce rules governing the safety, soundness, and
solvency of a financial institution subject to its
jurisdiction; or
(2) the regulation and taxation by the several States of
the business of insurance, pursuant to the Act of March 9,
1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.)
(commonly known as the ``McCarran-Ferguson Act'').
Subtitle C--Financial Industry Guidance to Halt Trafficking
SEC. 1761. SHORT TITLE.
This subtitle may be cited as the ``Financial Industry
Guidance to Halt Trafficking Act'' or the ``FIGHT Act''.
SEC. 1762. FINDINGS.
Congress finds the following:
(1) The terms ``human trafficking'' and ``trafficking in
persons'' are used interchangeably to describe crimes
involving the exploitation of a person for the purposes of
compelled labor or commercial sex through the use of force,
fraud, or coercion.
(2) According to the International Labour Organization,
there are an estimated 24,900,000 people worldwide who are
victims of forced labor, including human trafficking victims
in the United States.
(3) Human trafficking is perpetrated for financial gain.
(4) According to the International Labour Organization, of
the estimated $150,000,000,000 or more in global profits
generated annually from human trafficking--
(A) approximately \2/3\ are generated by commercial sexual
exploitation, exacted by fraud or by force; and
(B) approximately \1/3\ are generated by forced labor.
(5) Most purchases of commercial sex acts are paid for with
cash, making trafficking proceeds difficult to identify in
the financial system. Nonetheless, traffickers rely heavily
on access to financial institutions as destinations for
trafficking proceeds and as conduits to finance every step of
the trafficking process.
(6) Under section 1956 of title 18, United States Code
(relating to money laundering), human trafficking is a
``specified unlawful activity'' and transactions conducted
with proceeds earned from trafficking people, or used to
further trafficking operations, can be prosecuted as money
laundering offenses.
SEC. 1763. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should aggressively apply, as
appropriate, existing sanctions for human trafficking
authorized under section 111 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7108);
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury should continue--
(A) to monitor reporting required under subchapter II of
chapter 53 of title 31, United States Code (commonly known as
the ``Bank Secrecy Act'') and to update advisories, as
warranted;
(B) to periodically review its advisories to provide
covered financial institutions, as appropriate, with a list
of new ``red flags'' for identifying activities of concern,
particularly human trafficking;
(C) to encourage entities covered by the advisories
described in subparagraph (B) to incorporate relevant
elements provided in the advisories into their current
transaction and account monitoring systems or in policies,
procedures, and training on human trafficking to enable
financial institutions to maintain ongoing efforts to examine
transactions and accounts;
(D) to use geographic targeting orders, as appropriate, to
impose additional reporting and recordkeeping requirements
under section 5326(a) of title 31, United States Code, to
carry out the purposes of, and prevent evasions of the Bank
Secrecy Act; and
(E) to utilize the Bank Secrecy Act Advisory Group and
other relevant entities to identify opportunities for
nongovernmental organizations to share relevant actionable
information on human traffickers' use of the financial sector
for nefarious purposes;
(3) Federal banking regulators, the Department of the
Treasury, relevant law enforcement agencies, and the Human
Smuggling and Trafficking Center, in partnership with
representatives from the United States financial community,
should adopt regular forms of sharing information to disrupt
human trafficking, including developing protocols and
procedures to share actionable information between and
amongst covered institutions, law enforcement, and the United
States intelligence community;
(4) training front line bank and money service business
employees, school teachers, law enforcement officers, foreign
service officers, counselors, and the general public is an
important factor in identifying trafficking victims;
(5) the Department of Homeland Security's Blue Campaign,
training by the BEST Employers Alliance, and similar efforts
by industry, human rights, and nongovernmental organizations
focused on human trafficking provide good examples of current
efforts to educate employees of critical sectors to save
victims and disrupt trafficking networks;
(6) the President should intensify diplomatic efforts,
bilaterally and in appropriate international fora, such as
the United Nations, to develop and implement a coordinated,
consistent, multilateral strategy for addressing the
international financial networks supporting human
trafficking; and
(7) in deliberations between the United States Government
and any foreign country, including through participation in
the Egmont Group of Financial Intelligence Units, regarding
money laundering, corruption, and transnational crimes, the
United States Government should--
(A) encourage cooperation by foreign governments and
relevant international fora in identifying the extent to
which the proceeds from human trafficking are being used to
facilitate terrorist financing, corruption, or other illicit
financial crimes;
(B) encourage cooperation by foreign governments and
relevant international fora in identifying the nexus between
human trafficking and money laundering;
(C) advance policies that promote the cooperation of
foreign governments, through information sharing, training,
or other measures, in the enforcement of this subtitle;
[[Page S3527]]
(D) encourage the Financial Action Task Force to update its
July 2011 typology reports entitled, ``Laundering the
Proceeds of Corruption'' and ``Money Laundering Risks Arising
from Trafficking in Human Beings and Smuggling of Migrants'',
to identify the money laundering risk arising from the
trafficking of human beings; and
(E) encourage the Egmont Group of Financial Intelligence
Units to study the extent to which human trafficking
operations are being used for money laundering, terrorist
financing, or other illicit financial purposes.
SEC. 1764. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE.
(a) Functions.--Section 312(a)(4) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to human
trafficking;''.
(b) Interagency Coordination.--Section 312(a) of such title
is amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of the
Treasury, after consultation with the Undersecretary for
Terrorism and Financial Crimes, shall designate an office
within the OTFI that shall coordinate efforts to combat the
illicit financing of human trafficking with--
``(A) other offices of the Department of the Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat Trafficking in
Persons of the Department of State; and
``(ii) the Interagency Task Force to Monitor and Combat
Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
SEC. 1765. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING
AND OTHER FINANCIAL TOOLS IN COMBATING HUMAN
TRAFFICKING.
(a) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Interagency Task Force to
Monitor and Combat Trafficking shall submit to the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Foreign Relations, and the Committee on the Judiciary of the
Senate, the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives, the Secretary of the Treasury, and
each appropriate Federal banking agency--
(A) an analysis of anti-money laundering efforts of the
United States Government, United States financial
institutions, and multilateral development banks related to
human trafficking; and
(B) appropriate legislative, administrative, and other
recommendations to strengthen efforts against money
laundering relating to human trafficking.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) best practices based on successful anti-human
trafficking programs currently in place at domestic and
international financial institutions that are suitable for
broader adoption;
(B) feedback from stakeholders, including victims of severe
trafficking in persons, advocates of persons at risk of
becoming victims of severe forms of trafficking in persons,
the United States Advisory Council on Human Trafficking,
civil society organizations, and financial institutions on
policy proposals derived from the analysis conducted by the
task force referred to in paragraph (1) that would enhance
the efforts and programs of financial institutions to detect
and deter money laundering related to human trafficking,
including any recommended changes to internal policies,
procedures, and controls related to human trafficking;
(C) any recommended changes to training programs at
financial institutions to better equip employees to deter and
detect money laundering related to human trafficking; and
(D) any recommended changes to expand human trafficking-
related information sharing among financial institutions and
between such financial institutions, appropriate law
enforcement agencies, and appropriate Federal agencies.
(b) Additional Reporting Requirement.--Section 105(d)(7) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)(7)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial Services,''
after ``the Committee on Foreign Affairs''; and
(B) by inserting ``the Committee on Banking, Housing, and
Urban Affairs,'' after ``the Committee on Foreign
Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate money
laundering related to human trafficking and the number of
investigations, arrests, indictments, and convictions in
money laundering cases with a nexus to human trafficking.''.
(c) Required Review of Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Federal
Financial Institutions Examination Council, in consultation
with the Secretary of the Treasury, victims of severe forms
of trafficking in persons, advocates of persons at risk of
becoming victims of severe forms of trafficking in persons,
the United States Advisory Council on Trafficking, civil
society organizations, the private sector, and appropriate
law enforcement agencies, shall--
(1) review and enhance training and examinations procedures
to improve the surveillance capabilities of anti-money
laundering and countering the financing of terrorism programs
to detect human trafficking-related financial transactions;
(2) review and enhance procedures for referring potential
human trafficking cases to the appropriate law enforcement
agency; and
(3) determine, as appropriate, whether requirements for
financial institutions and covered financial institutions are
sufficient to detect and deter money laundering related to
human trafficking.
(d) Limitations.--Nothing in this section shall be
construed to--
(1) grant rulemaking authority to the Interagency Task
Force to Monitor and Combat Trafficking; or
(2) authorize financial institutions to deny services to or
violate the privacy of victims of trafficking, victims of
severe forms of trafficking, or individuals not responsible
for promoting severe forms of trafficking in persons.
SEC. 1766. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN
TRAFFICKING.
It is the sense of Congress that--
(1) adequate funding should be provided for critical
Federal efforts to combat human trafficking;
(2) the Department of the Treasury should have the
appropriate resources to vigorously investigate human
trafficking networks under section 111 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7108) and other
relevant statutes and Executive orders;
(3) the Department of the Treasury and the Department of
Justice should each have the capacity and appropriate
resources to support technical assistance to develop foreign
partners' ability to combat human trafficking through strong
national anti-money laundering and countering the financing
of terrorism programs;
(4) each United States Attorney's Office should be provided
appropriate funding to increase the number of personnel for
community education and outreach and investigative support
and forensic analysis related to human trafficking; and
(5) the Department of State should be provided additional
resources, as necessary, to carry out the Survivors of Human
Trafficking Empowerment Act (section 115 of Public Law 114-
22; 129 Stat. 243).
Subtitle D--Miscellaneous
SEC. 1771. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title or any amendment made by this
title shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
______
SA 526. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY
ARMAMENT GRADUATE SCHOOL.
(a) In General.--Chapter 751 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7422. Degree granting authority for United States Army
Armament Graduate School
``(a) Authority.--Under regulations prescribed by the
Secretary of the Army, the Chancellor of the United States
Army Armament Graduate School may, upon the recommendation of
the faculty and provost of the college, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Army Armament Graduate School is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree
[[Page S3528]]
granting authority under this section, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives--
``(A) a copy of the self-assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report containing the
rationale for the proposed modification or redesignation and
any subsequent recommendation of the Secretary of Education
on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the United States Army Armament
Graduate School to award any new or existing degree.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 751 of such title is amended by adding
at the end the following new item:
``7422. Degree granting authority for United States Army Armament
Graduate School.''.
______
SA 527. Mr. CRUZ (for himself, Ms. Sinema, Mr. Scott of Florida, Mr.
Markey, Mr. Peters, and Mr. Wicker) submitted an amendment intended to
be proposed by him to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of division A, add the following:
TITLE XVII--SPACE FRONTIER ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Space Frontier Act of
2019''.
SEC. 1702. DEFINITIONS.
In this title:
(1) ISS.--The term ``ISS'' means the International Space
Station.
(2) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(3) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
Subtitle A--Streamlining Oversight of Launch and Reentry Activities
SEC. 1711. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.
(a) In General.--Section 50921 of title 51, United States
Code, is amended--
(1) by inserting ``(b) Authorization of Appropriations.--''
before ``There'' and indenting appropriately; and
(2) by inserting before subsection (b), the following:
``(a) Associate Administrator for Commercial Space
Transportation.--The Assistant Secretary for Commercial Space
Transportation shall serve as the Associate Administrator for
Commercial Space Transportation.''.
(b) Establishment of Assistant Secretary for Commercial
Space Transportation.--Section 102(e)(1) of title 49, United
States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``6'' and inserting ``7''; and
(2) in subparagraph (A), by inserting ``Assistant Secretary
for Commercial Space Transportation,'' after ``Assistant
Secretary for Research and Technology,''.
SEC. 1712. USE OF EXISTING AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Transportation should make use of existing
authorities, including waivers and safety approvals, as
appropriate, to protect the public, make more efficient use
of resources, reduce the regulatory burden for an applicant
for a commercial space launch or reentry license or
experimental permit, and promote commercial space launch and
reentry.
(b) License Applications and Requirements.--Section 50905
of title 51, United States Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Applications.--A person may apply to the Secretary of
Transportation for a license or transfer of a license under
this chapter in the form and way the Secretary prescribes.
``(B) Decisions.--Consistent with the public health and
safety, safety of property, and national security and foreign
policy interests of the United States, the Secretary, not
later than the applicable deadline described in subparagraph
(C), shall issue or transfer a license if the Secretary
decides in writing that the applicant complies, and will
continue to comply, with this chapter and regulations
prescribed under this chapter.
``(C) Applicable deadline.--The applicable deadline
described in this subparagraph shall be--
``(i) for an applicant that was or is a holder of any
license under this chapter, not later than 90 days after
accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(E); and
``(ii) for a new applicant, not later than 180 days after
accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(E).
``(D) Notice to applicants.--The Secretary shall inform the
applicant of any pending issue and action required to resolve
the issue if the Secretary has not made a decision not later
than--
``(i) for an applicant described in subparagraph (C)(i), 60
days after accepting an application in accordance with
criteria established pursuant to subsection (b)(2)(E); and
``(ii) for an applicant described in subparagraph (C)(ii),
120 days after accepting an application in accordance with
criteria established pursuant to subsection (b)(2)(E).
``(E) Notice to congress.--The Secretary shall transmit 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 written notice not later than
30 days after any occurrence when the Secretary has not taken
action on a license application within an applicable deadline
established by this subsection.''; and
(B) in paragraph (2)--
(i) by inserting ``Procedures for safety approvals.--''
before ``In carrying out'';
(ii) by inserting ``software,'' after ``services,''; and
(iii) by adding at the end the following: ``Such safety
approvals may be issued simultaneously with a license under
this chapter.''; and
(2) by adding at the end the following:
``(e) Use of Existing Authorities.--
``(1) In general.--The Secretary shall use existing
authorities, including waivers and safety approvals, as
appropriate, to make more efficient use of resources, reduce
the regulatory burden for an applicant under this section,
and promote commercial space launch and reentry.
``(2) Expediting safety approvals.--The Secretary shall
expedite the processing of safety approvals that would reduce
risks to health or safety during launch and reentry.''.
(c) Restrictions on Launches, Operations, and Reentries.--
Section 50904 of title 51, United States Code, is amended by
adding at the end the following:
``(e) Multiple Sites.--The Secretary may issue a single
license or permit for an operator to conduct launch services
and reentry services at multiple launch sites or reentry
sites.''.
SEC. 1713. EXPERIMENTAL PERMITS.
Section 50906 of title 51, United States Code, is amended
by adding at the end the following:
``(j) Use of Existing Authorities.--
``(1) In general.--The Secretary shall use existing
authorities, including waivers and safety approvals, as
appropriate, to make more efficient use of resources, reduce
the regulatory burden for an applicant under this section,
and promote commercial space launch and reentry.
``(2) Expediting safety approvals.--The Secretary shall
expedite the processing of safety approvals that would reduce
risks to health or safety during launch and reentry.''.
SEC. 1714. GOVERNMENT-DEVELOPED SPACE TECHNOLOGY.
Section 50901(b)(2)(B) of title 51, United States Code, is
amended by striking ``and encouraging''.
SEC. 1715. REGULATORY REFORM.
(a) Definitions.--The definitions set forth in section
50902 of title 51, United States Code, shall apply to this
section.
(b) Findings.--Congress finds that the commercial space
launch regulatory environment has at times impeded the United
States commercial space launch sector in its innovation of
launch technologies, reusable launch and reentry vehicles,
and other areas related to commercial launches and reentries.
(c) Regulatory Improvements for Commercial Space Launch
Activities.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Transportation shall issue a final rule to
revise any regulations under chapter 509, United States Code,
as the Secretary considers necessary to meet the objective of
this section.
(2) Objective.--The objective of this section is to
establish, consistent with the purposes described in section
50901(b) of title 51, United States Code, a regulatory regime
for commercial space launch activities under chapter 509
that--
(A) creates, to the extent practicable, requirements
applicable both to expendable launch and reentry vehicles and
to reusable launch and reentry vehicles;
(B) is neutral with regard to the specific technology
utilized in a launch, a reentry, or an associated safety
system;
(C) protects the health and safety of the public;
(D) establishes clear, high-level performance requirements;
(E) encourages voluntary, industry technical standards that
complement the high-level performance requirements
established under subparagraph (D); and
[[Page S3529]]
(F) facilitates and encourages appropriate collaboration
between the commercial space launch and reentry sector and
the Department of Transportation with respect to the
requirements under subparagraph (D) and the standards under
subparagraph (E).
(d) Consultation.--In revising the regulations under
subsection (c), the Secretary of Transportation shall consult
with the following:
(1) The Secretary of Defense.
(2) The Administrator of NASA.
(3) Such members of the commercial space launch and reentry
sector as the Secretary of Transportation considers
appropriate to ensure adequate representation across
industry.
(e) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Transportation,
in consultation with the persons described in subsection (d),
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
the progress in carrying out this section.
(2) Contents.--The report shall include--
(A) milestones and a schedule to meet the objective of this
section;
(B) a description of any Federal agency resources necessary
to meet the objective of this section;
(C) recommendations for legislation that would expedite or
improve the outcomes under subsection (c); and
(D) a plan for ongoing consultation with the persons
described in subsection (d).
SEC. 1716. SECRETARY OF TRANSPORTATION OVERSIGHT AND
COORDINATION OF COMMERCIAL LAUNCH AND REENTRY
OPERATIONS.
(a) Oversight and Coordination.--
(1) In general.--The Secretary of Transportation, in
accordance with the findings under section 1617 of the
National Defense Authorization Act for Fiscal Year 2016 (51
U.S.C. 50918 note) and subject to section 50905(b)(2)(C) of
title 51, United States Code, shall take such action as may
be necessary to consolidate or modify the requirements across
Federal agencies identified in section 1617(c)(1)(A) of that
Act into a single application set that satisfies those
requirements and expedites the coordination of commercial
launch and reentry services.
(2) Chapter 509.--
(A) Purposes.--Section 50901(b)(3) of title 51, United
States Code, is amended by inserting ``all'' before
``commercial launch and reentry operations''.
(B) General authority.--Section 50903(b) of title 51,
United States Code, is amended--
(i) by redesignating paragraphs (1) and (2) as paragraphs
(3) and (4), respectively; and
(ii) by inserting before paragraph (3), as redesignated,
the following:
``(1) consistent with this chapter, authorize, license, and
oversee the conduct of all commercial launch and reentry
operations, including any commercial launch or commercial
reentry at a Federal range;
``(2) if an application for a license or permit under this
chapter includes launch or reentry at a Defense range,
coordinate with the Secretary of Defense, or designee, to
protect any national security interest relevant to such
activity, including any necessary mitigation measure to
protect Department of Defense property and personnel;''.
(3) Effective date.--This subsection takes effect on the
date on which the final rule under section 105(c) is
published in the Federal Register.
(b) Rules of Construction.--Nothing in this title, or the
amendments made by this title, may be construed to affect--
(1) section 1617 of the National Defense Authorization Act
for Fiscal Year 2016 (51 U.S.C. 50918 note); or
(2) the authority of the Secretary of Defense as it relates
to safety and security related to launch or reentry at a
Defense range.
(c) Technical Amendment; Repeal Redundant Law.--Section 113
of the U.S. Commercial Space Launch Competitiveness Act
(Public Law 114-90; 129 Stat. 704; 51 U.S.C. 50918 note) and
the item relating to that section in the table of contents
under section 1(b) of that Act are repealed.
SEC. 1717. STUDY ON JOINT USE OF SPACEPORTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act--
(1) the Secretary of Transportation shall, in consultation
with the Secretary of Defense, conduct a study on the current
process the Government uses to provide or permit the joint
use of United States military installations for licensed
nongovernmental space launch and reentry activities, space-
related activities, and space transportation services by
United States commercial providers; and
(2) submit the results of the study to the Committee on
Commerce, Science, and Transportation and the Committee on
Armed Services of the Senate and the Committee on Science,
Space, and Technology and the Committee on Armed Services of
the House of Representatives.
(b) Considerations.--In conducting the study required by
subsection (a), the Secretary of Transportation shall
consider the following:
(1) Improvements that could be made to the current process
the Government uses to provide or permit the joint use of
United States military installations for licensed
nongovernmental space launch and reentry activities, space-
related activities, and space transportation services by
United States commercial providers.
(2) Means to facilitate the ability for a military
installation to request that the Secretary of Transportation
consider the military installation as a site to provide or
permit the licensed nongovernmental space launch and reentry
activities, space-related activities, and space
transportation services by United States commercial
providers.
(3) The feasibility of increasing the number of military
installations that provide or are permitted to be utilized
for licensed nongovernmental space launch and reentry
activities, space-related activities, and space
transportation services by United States commercial
providers.
(4) The importance of the use of safety approvals of launch
vehicles, reentry vehicles, space transportation vehicles,
safety systems, processes, services, or personnel (including
approval procedures for the purpose of protecting the health
and safety of crew, Government astronauts, and space flight
participants), to the extent permitted that may be used in
conducting licensed commercial space launch, reentry
activities, and space transportation services at
installations.
SEC. 1718. AIRSPACE INTEGRATION REPORT.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall--
(1) identify and review the current policies and tools used
to integrate launch and reentry (as those terms are defined
in section 50902 of title 51, United States Code) into the
national airspace system;
(2) consider whether the policies and tools identified in
paragraph (1) need to be updated to more efficiently and
safely manage the national airspace system; and
(3) submit to the appropriate committees of Congress a
report on the findings under paragraphs (1) and (2),
including recommendations for how to more efficiently and
safely manage the national airspace system.
(b) Consultation.--In conducting the review under
subsection (a), the Secretary shall consult with such members
of the commercial space launch and reentry sector and
commercial aviation sector as the Secretary considers
appropriate to ensure adequate representation across those
industries.
(c) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Science, Space, and Technology of the
House of Representatives; and
(3) the Committee on Transportation and Infrastructure of
the House of Representatives.
Subtitle B--Streamlining Oversight of Nongovernmental Earth Observation
Activities
SEC. 1721. NONGOVERNMENTAL EARTH OBSERVATION ACTIVITIES.
(a) Licensing of Nongovernmental Earth Observation
Activities.--Chapter 601 of title 51, United States Code, is
amended--
(1) in section 60101--
(A) by amending paragraph (12) to read as follows:
``(12) Unenhanced data.--The term `unenhanced data' means
signals or imagery products from Earth observation activities
that are unprocessed or subject only to data
preprocessing.'';
(B) by redesignating paragraphs (11), (12), and (13) as
paragraphs (15), (18), and (19), respectively, and moving the
paragraphs so as to appear in numerical order;
(C) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively;
(D) by inserting after paragraph (3), the following:
``(4) Earth observation activity.--The term `Earth
observation activity' means a space activity the primary
purpose of which is to collect data that can be processed
into imagery of the Earth or of man-made objects orbiting the
Earth.'';
(E) by inserting after paragraph (11), as redesignated, the
following:
``(12) Nongovernmental earth observation activity.--The
term `nongovernmental Earth observation activity' means an
Earth observation activity of a person other than--
``(A) the United States Government; or
``(B) a Government contractor or subcontractor if the
Government contractor or subcontractor is performing the
activity for the Government.
``(13) Orbital debris.--The term `orbital debris' means any
space object that is placed in space or derives from a space
object placed in space by a person, remains in orbit, and no
longer serves any useful function or purpose.
``(14) Person.--The term `person' means a person (as
defined in section 1 of title 1) subject to the jurisdiction
or control of the United States.''; and
(F) by inserting after paragraph (15), as redesignated, the
following:
``(16) Space activity.--
``(A) In general.--The term `space activity' means any
activity that is conducted in space.
``(B) Inclusions.--The term `space activity' includes any
activity conducted on a celestial body, including the Moon.
``(C) Exclusions.--The term `space activity' does not
include any activity that is
[[Page S3530]]
conducted entirely on board or within a space object and does
not affect another space object.
``(17) Space object.--The term `space object' means any
object, including any component of that object, that is
launched into space or constructed in space, including any
object landed or constructed on a celestial body, including
the Moon.'';
(2) by amending subchapter III to read as follows:
``SUBCHAPTER III--AUTHORIZATION OF NONGOVERNMENTAL EARTH OBSERVATION
ACTIVITIES
``Sec. 60121. Purposes
``The purposes of this subchapter are--
``(1) to prevent, to the extent practicable, harmful
interference to space activities by nongovernmental Earth
observation activities;
``(2) to manage risk and prevent harm to United States
national security;
``(3) to ensure consistency with international obligations
of the United States; and
``(4) to promote the leadership, industrial innovation, and
international competitiveness of the United States.
``Sec. 60122. General authority
``(a) In General.--The Secretary shall carry out this
subchapter.
``(b) Functions.--In carrying out this subchapter, the
Secretary shall consult with--
``(1) the Secretary of Defense;
``(2) the Director of National Intelligence; and
``(3) the head of such other Federal department or agency
as the Secretary considers necessary.
``Sec. 60123. Administrative authority of Secretary
``(a) Functions.--In order to carry out the
responsibilities specified in this subchapter, the Secretary
may--
``(1) grant, condition, or transfer licenses under this
chapter;
``(2) seek an order of injunction or similar judicial
determination from a district court of the United States with
personal jurisdiction over the licensee to terminate, modify,
or suspend licenses under this subchapter and to terminate
licensed operations on an immediate basis, if the Secretary
determines that the licensee has substantially failed to
comply with any provisions of this chapter, with any terms,
conditions, or restrictions of such license, or with any
international obligations or national security concerns of
the United States;
``(3) provide penalties for noncompliance with the
requirements of licenses or regulations issued under this
subchapter, including civil penalties not to exceed $10,000
(each day of operation in violation of such licenses or
regulations constituting a separate violation);
``(4) compromise, modify, or remit any such civil penalty;
``(5) issue subpoenas for any materials, documents, or
records, or for the attendance and testimony of witnesses for
the purpose of conducting a hearing under this section;
``(6) seize any object, record, or report pursuant to a
warrant from a magistrate based on a showing of probable
cause to believe that such object, record, or report was
used, is being used, or is likely to be used in violation of
this chapter or the requirements of a license or regulation
issued thereunder; and
``(7) make investigations and inquiries and administer to
or take from any person an oath, affirmation, or affidavit
concerning any matter relating to the enforcement of this
chapter.
``(b) Review of Agency Action.--Any applicant or licensee
that makes a timely request for review of an adverse action
pursuant to paragraph (1), (3), (5), or (6) of subsection (a)
shall be entitled to adjudication by the Secretary on the
record after an opportunity for any agency hearing with
respect to such adverse action. Any final action by the
Secretary under this subsection shall be subject to judicial
review under chapter 7 of title 5.
``Sec. 60124. Authorization to conduct nongovernmental Earth
observation activities
``(a) Requirement.--No person may conduct any
nongovernmental Earth observation activity without an
authorization issued under this subchapter.
``(b) Waivers.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Defense, the Director of National Intelligence,
and the head of such other Federal agency as the Secretary
considers appropriate, may waive a requirement under this
subchapter for a nongovernmental Earth observation activity,
or for a type or class of nongovernmental Earth observation
activities, if the Secretary decides that granting a waiver
is consistent with section 60121.
``(2) Standards.--Not later than 120 days after the date of
the enactment of the Space Frontier Act of 2019, the
Secretary shall establish standards, in consultation with the
Secretary of Defense and the head of such other Federal
agency as the Secretary considers appropriate, for
determining de minimis Earth observation activities that
would be eligible for a waiver under paragraph (1).
``(c) Coverage of Authorization.--The Secretary shall, to
the maximum extent practicable, require a single
authorization for a person--
``(1) to conduct multiple Earth observation activities
using a single space object;
``(2) to operate multiple space objects carrying out
substantially similar Earth observation activities; or
``(3) to use multiple space objects to carry out a single
Earth observation activity.
``(d) Application.--
``(1) In general.--A person seeking an authorization under
this subchapter shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require for the purposes described in
section 60121, including--
``(A) a description of the proposed Earth observation
activity, including--
``(i) a physical and functional description of each space
object;
``(ii) the orbital characteristics of each space object,
including altitude, inclination, orbital period, and
estimated operational lifetime; and
``(iii) a list of the names of all persons that have or
will have direct operational or financial control of the
Earth observation activity;
``(B) a plan to prevent orbital debris consistent with the
2001 United States Orbital Debris Mitigation Standard
Practices or any subsequent revision thereof; and
``(C) a description of the capabilities of each instrument
to be used to observe the Earth in the conduct of the Earth
observation activity.
``(2) Application status.--Not later than 14 days after the
date on which an application is received, the Secretary shall
make a determination whether the application is complete or
incomplete and notify the applicant of that determination,
including, if incomplete, the reason the application is
incomplete.
``(e) Review.--
``(1) In general.--Not later than 90 days after the date on
which the Secretary makes a determination under subsection
(d)(2) that an application is complete, the Secretary shall
review all information provided in that application and,
subject to the provisions of this subsection, notify the
applicant in writing whether the application was approved,
with or without conditions, or denied.
``(2) Approvals.--The Secretary shall approve an
application under this subsection if the Secretary determines
that--
``(A) the Earth observation activity is consistent with the
purposes described in section 60121; and
``(B) the applicant is in compliance, and will continue to
comply, with this subchapter, including regulations.
``(3) Denials.--
``(A) In general.--If an application under this subsection
is denied, the Secretary--
``(i) shall include in the notification under paragraph
(1)--
``(I) a reason for the denial; and
``(II) a description of each deficiency, including guidance
on how to correct the deficiency;
``(ii) shall sign the notification under paragraph (1);
``(iii) may not delegate the duty under clause (ii); and
``(iv) 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 copy of the notification.
``(B) Interagency review.--Not later than 3 days after the
date on which the Secretary makes a determination under
subsection (d)(2) that an application is complete, the
Secretary shall consult with the head of each Federal
department and agency described in section 60122(b) and if
any head of such Federal department or agency does not
support approving the application--
``(i) that head of another Federal department or agency--
``(I) not later than 60 days after the date on which such
consultation occurs, shall notify the Secretary, in writing,
of the reason for withholding support, including a
description of each deficiency and guidance on how to correct
the deficiency;
``(II) shall sign the notification under subclause (I); and
``(III) may not delegate the duty under subclause (II),
except the Secretary of Defense may delegate the duty under
subclause (II) to an Under Secretary of Defense; and
``(ii) subject to all applicable laws, the Secretary shall
include the notification under clause (i) in the notification
under paragraph (1), including classified information if--
``(I) the Secretary of Defense or the Director of National
Intelligence, as appropriate, determines that disclosure of
the classified information is appropriate; and
``(II) the applicant has the required security clearance
for the classified information.
``(C) Interagency assents.--If the head of another Federal
department or agency does not notify the Secretary under
subparagraph (B)(i)(I) within the time specified in that
subparagraph, that head of another Federal department or
agency shall be deemed to have assented to the application.
``(D) Interagency dissents.--If, during the review of an
application under paragraph (1), a head of a Federal
department or agency described in subparagraph (B) disagrees
with the Secretary or the head of another Federal department
or agency described in subparagraph (B) with respect to a
deficiency under this subsection, the Secretary shall submit
the matter to the President, who shall resolve the dispute
before the applicable deadline under paragraph (1).
``(E) Deficiencies.--The Secretary shall--
``(i) provide each applicant under this paragraph with a
reasonable opportunity--
[[Page S3531]]
``(I) to correct each deficiency identified under
subparagraph (A)(i)(II); and
``(II) to resubmit a corrected application for
reconsideration; and
``(ii) not later than 30 days after the date of on which a
corrected application under clause (i)(II) is received, make
a determination whether to approve the application or not, in
consultation with--
``(I) each head of another Federal department or agency
that submitted a notification under subparagraph (B); and
``(II) the head of such other Federal department or agency
as the Secretary considers necessary.
``(F) Improper basis for denial.--
``(i) Competition.--The Secretary shall not deny an
application under this subsection in order to protect any
existing Earth observation activity from competition.
``(ii) Capabilities.--The Secretary shall not, to the
maximum extent practicable, deny an application under this
subsection based solely on the capabilities of the Earth
observation activity if those capabilities--
``(I) are commercially available; or
``(II) are reasonably expected to be made commercially
available, not later than 3 years after the date of the
application, in the international or domestic marketplace.
``(iii) Applicability.--The prohibition under clause
(ii)(II) shall apply whether the marketplace products and
services originate from the operation of aircraft, uncrewed
aircraft, or other platforms or technical means or are
assimilated from a variety of data sources.
``(4) Deadline.--If the Secretary does not notify an
applicant in writing before the applicable deadline under
paragraph (1), the Secretary shall, not later than 1 business
day after the date of the applicable deadline, notify the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives of the status of the
application, including the reason the deadline was not met.
``(5) Expedited review process.--Subject to paragraph (2)
and section 60122(b), the Secretary may modify the
requirements under this subsection, as the Secretary
considers appropriate, to expedite the review of an
application that seeks to conduct an Earth observation
activity that is substantially similar to an Earth
observation activity already licensed under this subchapter.
``(f) Additional Requirements.--An authorization issued
under this subchapter shall require the authorized person--
``(1) to be in compliance with this subchapter;
``(2) to notify the Secretary of any significant change in
the information contained in the application; and
``(3) to make available to the government of any country,
including the United States, unenhanced data collected by the
Earth observation system concerning the territory under the
jurisdiction of that government as soon as such data are
available and on reasonable commercial terms and conditions.
``(g) Prohibition on Retroactive Conditions.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary may not modify any condition on, or add any
condition to, an authorization under this subchapter after
the date of the authorization.
``(2) Rule of construction.--Nothing in this section shall
be constructed to prohibit the Secretary from removing a
condition on an authorization under this subchapter.
``(3) Interagency review.--
``(A) In general.--Subject to subparagraphs (B) and (E),
the Secretary or the head of a Federal department or agency
described in section 60122(b) may, without delegation,
propose the modification or addition of a condition to an
authorization under this subchapter after the date of the
authorization.
``(B) Consultation requirement.--Prior to making the
modification or addition under subparagraph (A), the
Secretary or the applicable head of the Federal department or
agency shall consult with the head of each of the other
Federal departments and agencies described in section
60122(b) and if any head of such Federal department or agency
does not support such modification or addition that head of
another Federal department or agency--
``(i) not later than 60 days after the date on which the
consultation occurs, shall notify the Secretary, in writing,
of the reason for withholding support;
``(ii) shall sign the notification under clause (i); and
``(iii) may not delegate the duty under clause (ii).
``(C) Interagency assents.--If the head of another Federal
department or agency does not notify the Secretary under
subparagraph (B)(i) within the time specified in that
subparagraph, that head of another Federal department or
agency shall be deemed to have assented to the modification
or addition under subparagraph (A).
``(D) Interagency dissents.--If the head of a Federal
department or agency described in subparagraph (A) disagrees
with the Secretary or the head of another Federal department
or agency described in subparagraph (A) with respect to such
modification or addition under this paragraph, the Secretary
shall submit the matter to the President, who shall resolve
the dispute.
``(E) Notice.--Prior to making a modification or addition
under subparagraph (A), the Secretary or the head of the
Federal department or agency, as applicable, shall--
``(i) provide notice to the licensee of the reason for the
proposed modification or addition, including, if applicable,
a description of any deficiency and guidance on how to
correct the deficiency; and
``(ii) provide the licensee a reasonable opportunity to
correct a deficiency identified in clause (i).
``Sec. 60125. Annual reports
``(a) In General.--Not later than 180 days after the date
of the enactment of the Space Frontier Act of 2019, and
annually thereafter, the 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 progress in
implementing this subchapter, including--
``(1) a list of all applications received or pending in the
previous calendar year and the status of each such
application;
``(2) notwithstanding paragraph (4) of section 60124(e), a
list of all applications, in the previous calendar year, for
which the Secretary missed the deadline under paragraph (1)
of that section, including the reasons the deadline was not
met; and
``(3) a description of all actions taken by the Secretary
under the administrative authority granted under section
60123.
``(b) Classified Annexes.--Each report under subsection (a)
may include classified annexes as necessary to protect the
disclosure of sensitive or classified information.
``(c) Cessation of Effectiveness.--This section ceases to
be effective September 30, 2021.
``Sec. 60126. Regulations
``The Secretary may promulgate regulations to implement
this subchapter.
``Sec. 60127. Relationship to other executive agencies and
laws
``(a) Executive Agencies.--Except as provided in this
subchapter or chapter 509, or any activity regulated by the
Federal Communications Commission under the Communications
Act of 1934 (47 U.S.C. 151 et seq.), a person is not required
to obtain from an executive agency a license, approval,
waiver, or exemption to conduct a nongovernmental Earth
observation activity.
``(b) Rule of Construction.--This subchapter does not
affect the authority of--
``(1) the Federal Communications Commission under the
Communications Act of 1934 (47 U.S.C. 151 et seq.); or
``(2) the Secretary of Transportation under chapter 509.
``(c) Nonapplication.--This subchapter does not apply to
any space activity the United States Government carries out
for the Government.''; and
(3) by amending section 60147 to read as follows:
``Sec. 60147. Consultation
``(a) Consultation With Secretary of Defense.--The Landsat
Program Management shall consult with the Secretary of
Defense on all matters relating to the Landsat Program under
this chapter that affect national security. The Secretary of
Defense shall be responsible for determining those
conditions, consistent with this chapter, necessary to meet
national security concerns of the United States and for
notifying the Landsat Program Management of such conditions.
``(b) Consultation With Secretary of State.--
``(1) In general.--The Landsat Program Management shall
consult with the Secretary of State on all matters relating
to the Landsat Program under this chapter that affect
international obligations. The Secretary of State shall be
responsible for determining those conditions, consistent with
this chapter, necessary to meet international obligations and
policies of the United States and for notifying the Landsat
Program Management of such conditions.
``(2) International aid.--Appropriate United States
Government agencies are authorized and encouraged to provide
remote sensing data, technology, and training to developing
nations as a component of programs of international aid.
``(3) Reporting discriminatory distribution.--The Secretary
of State shall promptly report to the Landsat Program
Management any instances outside the United States of
discriminatory distribution of Landsat data.
``(c) Status Report.--The Landsat Program Management shall,
as often as necessary, provide to Congress complete and
updated information about the status of ongoing operations of
the Landsat system, including timely notification of
decisions made with respect to the Landsat system in order to
meet national security concerns and international obligations
and policies of the United States Government.''.
(b) Table of Contents.--The table of contents of chapter
601 of title 51, United States Code, is amended by striking
the items relating to subchapter III and inserting the
following:
``subchapter iii--authorization of nongovernmental earth observation
activities
``60121. Purposes.
``60122. General authority.
``60123. Administrative authority of Secretary.
``60124. Authorization to conduct nongovernmental Earth observation
activities.
``60125. Annual reports.
``60126. Regulations.
``60127. Relationship to other executive agencies and laws.''.
(c) Rules of Construction.--
(1) Nothing in this section or the amendments made by this
section shall affect any
[[Page S3532]]
license, or application for a license, to operate a private
remote sensing space system that was made under subchapter
III of chapter 601 of title 51, United States Code (as in
effect before the date of the enactment of this Act), before
the date of the enactment of this Act. Such license shall
continue to be subject to the requirements to which such
license was subject under that chapter as in effect on the
day before the date of the enactment of this Act.
(2) Nothing in this section or the amendments made by this
section shall affect the prohibition on the collection and
release of detailed satellite imagery relating to Israel
under section 1064 of the National Defense Authorization Act
for Fiscal Year 1997 (51 U.S.C. 60121 note).
SEC. 1722. RADIO-FREQUENCY MAPPING REPORT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of Defense and the Director
of National Intelligence, shall complete and submit a report
on space-based radio-frequency mapping to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Science, Space, and Technology of the
House of Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Armed Services of the House of
Representatives.
(b) Contents.--The report under subsection (a) shall
include--
(1) a discussion of whether a need exists to regulate
space-based radio-frequency mapping;
(2) a description of any immitigable impacts of space-based
radio-frequency mapping on national security, United States
competitiveness and space leadership, or Constitutional
rights;
(3) any recommendations for additional regulatory action
regarding space-based radio-frequency mapping;
(4) a detailed description of the costs and benefits of the
recommendations described in paragraph (3); and
(5) an evaluation of--
(A) whether the development of voluntary consensus industry
standards in coordination with the Department of Defense is
more appropriate than issuing regulations with respect to
space-based radio-frequency mapping; and
(B) whether existing law, including regulations and
policies, could be applied in a manner that prevents the need
for additional regulation of space-based radio-frequency
mapping.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle C--Miscellaneous
SEC. 1731. PROMOTING FAIRNESS AND COMPETITIVENESS FOR NASA
PARTNERSHIP OPPORTUNITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) fair access to available NASA assets and services on a
reimbursable, noninterference, equitable, and predictable
basis is advantageous in enabling the United States
commercial space industry;
(2) NASA should continue to promote fairness to all parties
and ensure best value to the Federal Government in granting
use of NASA assets, services, and capabilities in a manner
that contributes to NASA's missions and objectives; and
(3) NASA should continue to promote small business
awareness and participation through advocacy and
collaborative efforts with internal and external partners,
stakeholders, and academia.
(b) Guidance for Small Business Participation.--The
Administrator of NASA shall--
(1) provide opportunities for the consideration of small
business concerns during public-private partnership planning
processes and in public-private partnership plans;
(2) invite the participation of each relevant director of
an Office of Small and Disadvantaged Business Utilization
under section 15(k) of the Small Business Act 915 U.S.C.
644(k) in public-private partnership planning processes and
provide the director access to public-private partnership
plans;
(3) not later than 90 days after the date of the enactment
of this Act--
(A) identify and establish a list of all NASA assets,
services, and capabilities that are available, or will be
available, for public-private partnership opportunities; and
(B) make the list under subparagraph (A) available on
NASA's website, in a searchable format;
(4) periodically as needed, but not less frequently than
annually, update the list and website under paragraph (3);
and
(5) not later than 180 days after the date of the enactment
of this Act, develop a policy and issue guidance for a
consistent, fair, and equitable method for scheduling and
establishing priority of use of the NASA assets, services,
and capabilities identified under this subsection.
(c) Strengthening Small Business Awareness.--Not later than
180 days after the date of the enactment of this Act, the
Administrator of NASA shall designate an official at each
NASA Center--
(1) to serve as an advocate for small businesses within the
office that manages partnerships at each Center; and
(2) to provide guidance to small businesses on how to
participate in public-private partnership opportunities with
NASA.
SEC. 1732. MAINTAINING A NATIONAL LABORATORY IN SPACE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States national laboratory in space, which
currently consists of the United States segment of the ISS
(designated a national laboratory under section 70905 of
title 51, United States Code)--
(A) benefits the scientific community and promotes commerce
in space;
(B) fosters stronger relationships among NASA and other
Federal agencies, the private sector, and research groups and
universities;
(C) advances science, technology, engineering, and
mathematics education through utilization of the unique
microgravity environment; and
(D) advances human knowledge and international cooperation;
(2) after the ISS is decommissioned, the United States
should maintain a national microgravity laboratory in space;
(3) in maintaining a national microgravity laboratory
described in paragraph (2), the United States should make
appropriate accommodations for different types of ownership
and operational structures for the ISS and future space
stations;
(4) the national microgravity laboratory described in
paragraph (2) should be maintained beyond the date on which
the ISS is decommissioned and, if possible, in cooperation
with international space partners to the extent practicable;
and
(5) NASA should continue to support fundamental science
research on future platforms in low-Earth orbit and cis-lunar
space, short duration suborbital flights, drop towers, and
other microgravity testing environments.
(b) Report.--The Administrator of NASA shall produce, in
coordination with the National Space Council and other
Federal agencies as the Administrator considers relevant, a
report detailing the feasibility of establishing a
microgravity national laboratory Federally Funded Research
and Development Center to undertake the work related to the
study and utilization of in-space conditions.
SEC. 1733. PRESENCE IN LOW-EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security interests
of the United States to maintain a continuous human presence
in low-Earth orbit; and
(2) low-Earth orbit should be utilized as a testbed to
advance human space exploration, scientific discoveries, and
United States economic competitiveness and commercial
participation.
(b) Human Presence Requirement.--NASA shall continuously
maintain the capability for a continuous human presence in
low-Earth orbit through and beyond the useful life of the
ISS.
SEC. 1734. CONTINUATION OF THE ISS.
(a) Continuation of the International Space Station.--
Section 501(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18351(a))
is amended by striking ``2024'' and inserting ``2030''.
(b) Maintenance of the United States Segment and Assurance
of Continued Operations of the International Space Station.--
Section 503(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18353(a))
is amended by striking ``2024'' and inserting ``2030''.
(c) Research Capacity Allocation and Integration of
Research Payloads.--Section 504(d) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18354(d)) is amended by striking ``2024''
each place it appears and inserting ``2030''.
(d) Maintaining Use Through at Least 2030.--Section 70907
of title 51, United States Code, is amended--
(1) in the section heading, by striking ``2024'' and
inserting ``2030''; and
(2) by striking ``2024'' each place it appears and
inserting ``2030''.
SEC. 1735. UNITED STATES POLICY ON ORBITAL DEBRIS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) existing guidelines for the mitigation of orbital
debris may not be adequate to ensure long-term usability of
the space environment for all users; and
(2) the United States should continue to exercise a
leadership role in developing orbital debris prevention
standards that may be used by all space-faring nations.
(b) Policy of the United States.--It is the policy of the
United States to have consistent standards across Federal
agencies that minimize the risks from orbital debris in order
to protect--
(1) the public health and safety;
(2) humans in space;
(3) the national security interests of the United States;
(4) the safety of property;
(5) space objects from interference; and
(6) the foreign policy interests of the United States.
SEC. 1736. LOW-EARTH ORBIT COMMERCIALIZATION PROGRAM.
(a) Program Authorization.--The Administrator of NASA may
establish a low-Earth
[[Page S3533]]
orbit commercialization program to encourage the fullest
commercial use and development of space by the private sector
of the United States.
(b) Contents.--The program under subsection (a) may
include--
(1) activities to stimulate demand for human space flight
products and services in low-Earth orbit;
(2) activities to improve the capability of the ISS to
accommodate commercial users; and
(3) subject to subsection (c), activities to accelerate the
development of commercial space stations or commercial space
habitats.
(c) Conditions.--
(1) Cost share.--The Administrator shall give priority to
an activity under subsection (b)(3) in which the private
sector entity conducting the activity provides a share of the
cost to develop and operate the activity.
(2) Commercial space habitat.--The Administration may not
engage in an activity under subsection (b)(3) until after the
date on which the Administrator of NASA awards a contract for
the use of a docking port on the ISS.
(d) Reports.--Not later than 30 days after the date on
which an award or agreement is made under subsection (b)(3),
the Administrator of NASA 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 development of the commercial
space station or commercial space habitat, as applicable,
including a business plan for how the activity will--
(1) meet NASA's future requirements for low-Earth orbit
human space flight services; and
(2) satisfy the non-Federal funding requirement under
subsection (c)(1).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator of NASA to carry out
a low-Earth commercialization program under this section
$150,000,000 for fiscal year 2020.
SEC. 1737. BUREAU OF SPACE COMMERCE.
(a) In General.--Chapter 507 of title 51, United States
Code, is amended--
(1) in the heading, by striking ``OFFICE'' and inserting
``BUREAU'';
(2) by amending section 50701 to read as follows:
``Sec. 50701. Definition of Bureau
``In this chapter, the term `Bureau' means the Bureau of
Space Commerce established in section 50702 of this title.'';
(3) in section 50702--
(A) by amending subsection (a) to read as follows:
``(a) In General.--There is established within the
Department of Commerce a Bureau of Space Commerce.'';
(B) by amending subsection (b) to read as follows:
``(b) Assistant Secretary.--The Bureau shall be headed by
an Assistant Secretary for Space Commerce, to be appointed by
the President with the advice and consent of the Senate and
compensated at level II or III of the Executive Schedule, as
determined by the Secretary of Commerce. The Assistant
Secretary shall report directly to the Secretary of
Commerce.'';
(C) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``Office'' and inserting ``Bureau'';
(ii) in paragraph (2), by inserting ``, including
activities licensed under chapter 601 of this title'' before
the semicolon; and
(iii) in paragraph (5), by striking ``Position,'' and
inserting ``Positioning,''; and
(D) in subsection (d)--
(i) in the heading, by striking ``Director'' and inserting
``Assistant Secretary'';
(ii) in the matter preceding paragraph (1)--
(I) by striking ``Director'' and inserting ``Assistant
Secretary''; and
(II) by striking ``Office shall'' and inserting ``Bureau
shall, under the direction and supervision of the
Secretary,'';
(iii) by redesignating paragraphs (1) through (7) as
paragraphs (3) through (9), respectively; and
(iv) by inserting before paragraph (3), as redesignated,
the following:
``(1) to oversee the issuing of licenses under chapter 601
of this title;
``(2) coordinating Department policy impacting commercial
space activities and working with other executive agencies to
promote policies that advance commercial space activities;'';
and
(v) in paragraph (8), as redesignated, by inserting ``,
consistent with the international obligations, foreign
policy, and national security interests of the United
States'' before the semicolon;
(4) in section 50703--
(A) by striking ``Office'' and inserting ``Bureau''; and
(B) by striking ``Committee on Science and Technology of
the House of Representatives'' and inserting ``Committee on
Science, Space, and Technology of the House of
Representatives''; and
(5) by adding at the end the following:
``Sec. 50704. Authorization of appropriations
``There is authorized to be appropriated to the Secretary
of Commerce to carry out this chapter $10,000,000 for each of
fiscal years 2020 through 2024.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents of chapter
507 of title 51, United States Code, is amended--
(A) in the item relating to section 50701, by striking
``Office'' and inserting ``Bureau''; and
(B) by adding after the item relating to section 50703 the
following:
``50704. Authorization of appropriations.''.
(2) Table of chapters.--The table of chapters of title 51,
United States Code, is amended in the item relating to
chapter 507 by striking ``Office'' and inserting ``Bureau''.
(3) Cooperation with former soviet republics.--Section 218
of the National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1993 (51 U.S.C. 50702 note) is
amended by striking ``Office'' each place it appears and
inserting ``Bureau''.
______
SA 528. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12 __. REPORT ON MILITARY ACTIVITIES OF THE RUSSIAN
FEDERATION AND THE PEOPLE'S REPUBLIC OF CHINA
IN THE ARCTIC REGION.
(a) In General.--Not later than 180 days after enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of State and the Director of National Intelligence,
shall submit to the congressional defense committees the
following:
(1) A report on the military activities of the Russian
Federation in the Arctic region.
(2) A report on the military activities of the People's
Republic of China in the Arctic region.
(b) Matters to Be Included.--The reports under subsection
(a) shall include, with respect to the Russian Federation or
the People's Republic of China, as applicable, the following:
(1) A description of military activities of such country in
the Arctic region, including--
(A) the emplacement of military infrastructure, equipment,
or forces; and
(B) any exercises or other military activities;
(C) activities that are non-military in nature but are
judged to have military implications.
(2) An assessment of--
(A) the intentions of such activities;
(B) the extent to which such activities affect or threaten
the interests of the United States and allies in the Arctic
region; and
(C) any response to such activities by the United States or
allies.
(3) A description of future plans and requirements with
respect to such activities.
(c) Form.--Each report under subsection (a) shall be
submitted in classified form, but may include an unclassified
executive summary.
______
SA 529. Ms. HARRIS submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 594. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE
NATIONAL GUARD AND RESERVE, VETERANS, THEIR
SPOUSES AND DEPENDENTS, SPOUSES AND DEPENDENTS
OF REGULAR MEMBERS, AND MEMBERS OF GOLD STAR
FAMILIES.
(a) In General.--The Secretary of Defense shall carry out a
pilot program to enhance the efforts of the Department of
Defense to provide job placement assistance and related
employment services directly to the following:
(1) Members of the National Guard and Reserves in reserve
active status.
(2) Veterans of the Armed Forces.
(3) Spouses and other dependents of individuals referred to
in paragraphs (1) and (2).
(4) Spouses and other dependents of regular members of the
Armed Forces.
(5) Members of Gold Star Families.
(b) Administration.--The pilot program shall be offered to,
and administered by, the adjutants general appointed under
section 314 of title 32, United States Code, or other
officials in the States concerned designated by the Secretary
for purposes of the pilot program.
(c) Funding.--
(1) Cost-sharing requirement.--As a condition on the
provision of funds under this section to a State to support
the operation of the pilot program in the State, the State
must agree to contribute an amount, derived from non-Federal
sources, equal to at least 50 percent of the funds provided
by the Secretary to the State under this section.
(2) Federal funds.--Amounts for funds provided for the
pilot program by the Secretary shall be derived from the
Beyond the Yellow Ribbon Program administered by the
Department of Defense.
(d) Direct Employment Program Model.--The pilot program
should follow a job placement program model that focuses
[[Page S3534]]
on working one-on-one with individuals specified in
subsection (a) to cost-effectively provide job placement
services, including services such as identifying unemployed
and underemployed individuals, job matching services, resume
editing, interview preparation, and post-employment follow
up. Development of the pilot program should be informed by
existing State direct employment programs for members of the
reserve components and veterans.
(e) Training.--The pilot program should draw on the
resources provided to transitioning members of the Armed
Forces with civilian training opportunities through the
SkillBridge transition training program administered by the
Department of Defense.
(f) Evaluation.--The Secretary shall develop outcome
measurements to evaluate the success of the pilot program.
(g) Reporting Requirements.--
(1) Report required.--Not later than March 1, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report describing the results of the
pilot program. The Secretary shall prepare the report in
coordination with the Secretary of Labor and the Chief of the
National Guard Bureau.
(2) Elements of report.--A report under paragraph (1) shall
include the following:
(A) A description and assessment of the effectiveness and
achievements of the pilot program, including the number of
members of the reserve components and veterans of the Armed
Forces hired and the cost-per-placement of participating
members and veterans.
(B) An assessment of the impact of the pilot program and
increased reserve component employment levels on the
readiness of members of the reserve components and on the
retention of members of the Armed Forces.
(C) A comparison of the pilot program to other programs
conducted by the Department of Defense and Department of
Veterans Affairs to provide unemployment and underemployment
support to members of the reserve components and veterans of
the Armed Forces, including the best practices developed
through and used in such programs.
(D) Any other matters considered appropriate by the
Secretary of Defense.
(h) Duration of Authority.--The authority to carry out the
pilot program expires on September 30, 2023, except that the
Secretary may, at the Secretary's discretion, extend the
pilot program for not more than two additional fiscal years.
______
SA 530. Ms. HARRIS submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
SEC. 564. PLAN FOR STANDARDIZATION AMONG THE MILITARY
DEPARTMENTS IN COLLECTION AND PRESENTATION OF
INFORMATION ON MATTERS WITHIN THE MILITARY
JUSTICE SYSTEM.
(a) Finding.--According to a report of the Government
Accountability Office dated May 30, 2019 (GAO-19-344), the
military departments do not collect and maintain consistent
race and ethnicity information in their investigations,
military justice, and personnel databases, which ``limits
their ability to collectively or comparatively assess these
data to identify any disparities in the military justice
system within and across the services''.
(b) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretaries of the military
departments, submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting
forth a plan to provide for the standardization among the
military departments in the collection and presentation of
race, ethnicity, and gender information within their
investigations, military justice, and personnel databases for
the purposes of identifying disparities in the military
justice system.
______
SA 531. Mr. PETERS (for himself and Mr. Lankford) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. FINAL PAY AND CERTIFICATE OF DISCHARGE OR RELEASE
FOR RESERVE MEMBERS OF THE ARMED FORCES UPON
DISCHARGE OR RELEASE FROM ACTIVE STATUS.
(a) In General.--Section 1168(a) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' before ``A member'';
(2) by striking ``an armed force'' and inserting ``the
armed forces (including the reserve components)'';
(3) by inserting ``or active status'' after ``active duty''
the first place it appears;
(4) by striking ``his discharge certificate or certificate
of release from active duty, respectively,'' and inserting
``the appropriate certificate'';
(5) by striking ``his final pay or a substantial part of
that pay,'' and inserting ``the final pay of the member (or a
substantial part of that pay)'';
(6) by striking ``him or his next of kin or legal
representative'' and inserting ``the member (or the next of
kin or legal representative of the member)''; and
(7) by adding at the end the following new paragraphs:
``(2) In paragraph (1), the term `appropriate certificate'
means the following:
``(A) In the case of a member being discharged, a discharge
certificate.
``(B) In the case of a member being released from active
duty, a certificate of release from active duty.
``(C) In the case of a member being released from active
status, a certificate of release from active status.
``(3) Any certificate of release from active status
delivered pursuant to paragraph (1) with respect to a member
shall specify the total duration of inactive-duty training
performed by the member during the period covered by such
certificate.''.
(b) Conforming Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1168. Discharge or release from active duty or active
status: limitations''.
(2) Table of sections.--The table of sections at the
beginning of chapter 59 of such title is amended by striking
the item relating to section 1168 and inserting the following
new item:
``1168. Discharge or release from active duty or active status:
limitations.''.
______
SA 532. Mr. BARRASSO (for himself, Mr. Whitehouse, Mrs. Capito, Mr.
Carper, Mr. Cramer, Ms. Smith, Mr. Rounds, Mr. Coons, and Mr. Hoeven)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE
TECHNOLOGIES.
(a) Short Title.--This section may be cited as the
``Utilizing Significant Emissions with Innovative
Technologies Act'' or the ``USE IT Act''.
(b) Research, Investigation, Training, and Other
Activities.--Section 103 of the Clean Air Act (42 U.S.C.
7403) is amended--
(1) in subsection (c)(3), in the first sentence of the
matter preceding subparagraph (A), by striking ``percursors''
and inserting ``precursors''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(B) in the undesignated matter following subparagraph (D)
(as so redesignated)--
(i) in the second sentence, by striking ``The
Administrator'' and inserting the following:
``(5) Coordination and avoidance of duplication.--The
Administrator''; and
(ii) in the first sentence, by striking ``Nothing'' and
inserting the following:
``(4) Effect of subsection.--Nothing'';
(C) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) in the third sentence, by striking ``Such program'' and
inserting the following:
``(3) Program inclusions.--The program under this
subsection'';
(ii) in the second sentence--
(I) by inserting ``States, institutions of higher
education,'' after ``scientists,''; and
(II) by striking ``Such strategies and technologies shall
be developed'' and inserting the following:
``(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be developed'';
and
(iii) in the first sentence, by striking ``In carrying
out'' and inserting the following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph (3)(A) with
respect to carbon dioxide, the Administrator shall carry out
the activities described in each of subparagraphs (B), (C),
(D), and (E).
``(B) Direct air capture research.--
``(i) Definitions.--In this subparagraph:
``(I) Board.--The term `Board' means the Direct Air Capture
Technology Advisory Board established by clause (iii)(I).
``(II) Dilute.--The term `dilute' means a concentration of
less than 1 percent by volume.
``(III) Direct air capture.--
``(aa) In general.--The term `direct air capture', with
respect to a facility, technology, or system, means that the
facility, technology, or system uses carbon capture
[[Page S3535]]
equipment to capture carbon dioxide directly from the air.
``(bb) Exclusion.--The term `direct air capture' does not
include any facility, technology, or system that captures
carbon dioxide--
``(AA) that is deliberately released from a naturally
occurring subsurface spring; or
``(BB) using natural photosynthesis.
``(IV) Intellectual property.--The term `intellectual
property' means--
``(aa) an invention that is patentable under title 35,
United States Code; and
``(bb) any patent on an invention described in item (aa).
``(ii) Technology prizes.--
``(I) In general.--Not later than 1 year after the date of
enactment of the USE IT Act, the Administrator, in
consultation with the Secretary of Energy, shall establish a
program to provide, and shall provide, financial awards on a
competitive basis for direct air capture from media in which
the concentration of carbon dioxide is dilute.
``(II) Duties.--In carrying out this clause, the
Administrator shall--
``(aa) subject to subclause (III), develop specific
requirements for--
``(AA) the competition process; and
``(BB) the demonstration of performance of approved
projects;
``(bb) offer financial awards for a project designed--
``(AA) to the maximum extent practicable, to capture more
than 10,000 tons of carbon dioxide per year; and
``(BB) to operate in a manner that would be commercially
viable in the foreseeable future (as determined by the
Board); and
``(cc) to the maximum extent practicable, make financial
awards to geographically diverse projects, including at
least--
``(AA) 1 project in a coastal State; and
``(BB) 1 project in a rural State.
``(III) Public participation.--In carrying out subclause
(II)(aa), the Administrator shall--
``(aa) provide notice of and, for a period of not less than
60 days, an opportunity for public comment on, any draft or
proposed version of the requirements described in subclause
(II)(aa); and
``(bb) take into account public comments received in
developing the final version of those requirements.
``(iii) Direct air capture technology advisory board.--
``(I) Establishment.--There is established an advisory
board to be known as the `Direct Air Capture Technology
Advisory Board'.
``(II) Composition.--The Board shall be composed of 9
members appointed by the Administrator, who shall provide
expertise in--
``(aa) climate science;
``(bb) physics;
``(cc) chemistry;
``(dd) biology;
``(ee) engineering;
``(ff) economics;
``(gg) business management; and
``(hh) such other disciplines as the Administrator
determines to be necessary to achieve the purposes of this
subparagraph.
``(III) Term; vacancies.--
``(aa) Term.--A member of the Board shall serve for a term
of 6 years.
``(bb) Vacancies.--A vacancy on the Board--
``(AA) shall not affect the powers of the Board; and
``(BB) shall be filled in the same manner as the original
appointment was made.
``(IV) Initial meeting.--Not later than 30 days after the
date on which all members of the Board have been appointed,
the Board shall hold the initial meeting of the Board.
``(V) Meetings.--The Board shall meet at the call of the
Chairperson or on the request of the Administrator.
``(VI) Quorum.--A majority of the members of the Board
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(VII) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the
members of the Board.
``(VIII) Compensation.--Each member of the Board may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level V
of the Executive Schedule under section 5316 of title 5,
United States Code, for each day during which the member is
engaged in the actual performance of the duties of the Board.
``(IX) Duties.--The Board shall advise the Administrator on
carrying out the duties of the Administrator under this
subparagraph.
``(X) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Board.
``(iv) Intellectual property.--
``(I) In general.--As a condition of receiving a financial
award under this subparagraph, an applicant shall agree to
vest the intellectual property of the applicant derived from
the technology in 1 or more entities that are incorporated in
the United States.
``(II) Reservation of license.--The United States--
``(aa) may reserve a nonexclusive, nontransferable,
irrevocable, paid-up license, to have practiced for or on
behalf of the United States, in connection with any
intellectual property described in subclause (I); but
``(bb) shall not, in the exercise of a license reserved
under item (aa), publicly disclose proprietary information
relating to the license.
``(III) Transfer of title.--Title to any intellectual
property described in subclause (I) shall not be transferred
or passed, except to an entity that is incorporated in the
United States, until the expiration of the first patent
obtained in connection with the intellectual property.
``(v) Authorization of appropriations.--
``(I) In general.--There is authorized to be appropriated
to carry out this subparagraph $35,000,000, to remain
available until expended.
``(II) Requirement.--Research carried out using amounts
made available under subclause (I) may not duplicate research
funded by the Department of Energy.
``(vi) Termination of authority.--The Board and all
authority provided under this subparagraph shall terminate
not later than 10 years after the date of enactment of the
USE IT Act.
``(C) Carbon dioxide utilization research.--
``(i) Definition of carbon dioxide utilization.--In this
subparagraph, the term `carbon dioxide utilization' refers to
technologies or approaches that lead to the use of carbon
dioxide--
``(I) through the fixation of carbon dioxide through
photosynthesis or chemosynthesis, such as through the growing
of algae or bacteria;
``(II) through the chemical conversion of carbon dioxide to
a material or chemical compound in which the carbon dioxide
is securely stored; or
``(III) through the use of carbon dioxide for any other
purpose for which a commercial market exists, as determined
by the Administrator.
``(ii) Program.--The Administrator, in consultation with
the Secretary of Energy, shall carry out a research and
development program for carbon dioxide utilization to promote
existing and new technologies that transform carbon dioxide
generated by industrial processes into a product of
commercial value, or as an input to products of commercial
value.
``(iii) Technical and financial assistance.--Not later than
2 years after the date of enactment of the USE IT Act, in
carrying out this subsection, the Administrator, in
consultation with the Secretary of Energy, shall support
research and infrastructure activities relating to carbon
dioxide utilization by providing technical assistance and
financial assistance in accordance with clause (iv).
``(iv) Eligibility.--To be eligible to receive technical
assistance and financial assistance under clause (iii), a
carbon dioxide utilization project shall--
``(I) have access to an emissions stream generated by a
stationary source within the United States that is capable of
supplying not less than 250 metric tons per day of carbon
dioxide for research;
``(II) have access to adequate space for a laboratory and
equipment for testing small-scale carbon dioxide utilization
technologies, with onsite access to larger test bays for
scale-up; and
``(III) have existing partnerships with institutions of
higher education, private companies, States, or other
government entities.
``(v) Coordination.--In supporting carbon dioxide
utilization projects under this paragraph, the Administrator
shall consult with the Secretary of Energy, and, as
appropriate, with the head of any other relevant Federal
agency, States, the private sector, and institutions of
higher education to develop methods and technologies to
account for the carbon dioxide emissions avoided by the
carbon dioxide utilization projects.
``(vi) Authorization of appropriations.--
``(I) In general.--There is authorized to be appropriated
to carry out this subparagraph $50,000,000, to remain
available until expended.
``(II) Requirement.--Research carried out using amounts
made available under subclause (I) may not duplicate research
funded by the Department of Energy.
``(D) Deep saline formation report.--
``(i) Definition of deep saline formation.--
``(I) In general.--In this subparagraph, the term `deep
saline formation' means a formation of subsurface
geographically extensive sedimentary rock layers saturated
with waters or brines that have a high total dissolved solids
content and that are below the depth where carbon dioxide can
exist in the formation as a supercritical fluid.
``(II) Clarification.--In this subparagraph, the term `deep
saline formation' does not include oil and gas reservoirs.
``(ii) Report.--In consultation with the Secretary of
Energy, and, as appropriate, with the head of any other
relevant Federal agency and relevant stakeholders, not later
than 1 year after the date of enactment of the USE IT Act,
the Administrator shall prepare, submit to Congress, and make
publicly available a report that includes--
``(I) a comprehensive identification of potential risks and
benefits to project developers associated with increased
storage of carbon dioxide captured from stationary sources in
deep saline formations, using existing research;
``(II) recommendations, if any, for managing the potential
risks identified under subclause (I), including potential
risks unique to public land; and
``(III) recommendations, if any, for Federal legislation or
other policy changes to mitigate any potential risks
identified under subclause (I).
``(E) Report on carbon dioxide nonregulatory strategies and
technologies.--
[[Page S3536]]
``(i) In general.--Not less frequently than once every 2
years, the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report that describes--
``(I) the recipients of assistance under subparagraphs (B)
and (C); and
``(II) a plan for supporting additional nonregulatory
strategies and technologies that could significantly prevent
carbon dioxide emissions or reduce carbon dioxide levels in
the air, in conjunction with other Federal agencies.
``(ii) Inclusions.--The plan submitted under clause (i)
shall include--
``(I) a methodology for evaluating and ranking technologies
based on the ability of the technologies to cost effectively
reduce carbon dioxide emissions or carbon dioxide levels in
the air; and
``(II) a description of any nonair-related environmental or
energy considerations regarding the technologies.
``(F) GAO report.--The Comptroller General of the United
States shall submit to Congress a report that--
``(i) identifies all Federal grant programs in which a
purpose of a grant under the program is to perform research
on carbon capture and utilization technologies, including
direct air capture technologies; and
``(ii) examines the extent to which the Federal grant
programs identified pursuant to clause (i) overlap or are
duplicative.''.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall submit to Congress a report
describing how funds appropriated to the Administrator during
the 5 most recent fiscal years have been used to carry out
section 103 of the Clean Air Act (42 U.S.C. 7403), including
a description of--
(1) the amount of funds used to carry out specific
provisions of that section; and
(2) the practices used by the Administrator to
differentiate funding used to carry out that section, as
compared to funding used to carry out other provisions of
law.
(d) Inclusion of Carbon Capture Infrastructure Projects.--
Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by inserting
``carbon capture,'' after ``manufacturing,'';
(B) in clause (i)(III), by striking ``or'' at the end;
(C) by redesignating clause (ii) as clause (iii); and
(D) by inserting after clause (i) the following:
``(ii) is covered by a programmatic plan or environmental
review developed for the primary purpose of facilitating
development of carbon dioxide pipelines; or''; and
(2) by adding at the end the following:
``(C) Inclusion.--For purposes of subparagraph (A),
construction of infrastructure for carbon capture includes
construction of--
``(i) any facility, technology, or system that captures,
utilizes, or sequesters carbon dioxide emissions, including
projects for direct air capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C.
7403(g)); and
``(ii) carbon dioxide pipelines.''.
(e) Development of Carbon Capture, Utilization, and
Sequestration Report, Permitting Guidance, and Regional
Permitting Task Force.--
(1) Definitions.--In this subsection:
(A) Carbon capture, utilization, and sequestration
projects.--The term ``carbon capture, utilization, and
sequestration projects'' includes projects for direct air
capture (as defined in paragraph (6)(B)(i) of section 103(g)
of the Clean Air Act (42 U.S.C. 7403(g))).
(B) Efficient, orderly, and responsible.--The term
``efficient, orderly, and responsible'' means, with respect
to development or the permitting process for carbon capture,
utilization, and sequestration projects and carbon dioxide
pipelines, a process that is completed in an expeditious
manner while maintaining environmental, health, and safety
protections.
(2) Report.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Chair of the Council on
Environmental Quality (referred to in this section as the
``Chair''), in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the
Secretary of the Interior, the Executive Director of the
Federal Permitting Improvement Council, and the head of any
other relevant Federal agency (as determined by the
President), shall prepare a report that--
(i) compiles all existing relevant Federal permitting and
review information and resources for project applicants,
agencies, and other stakeholders interested in the deployment
of carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines, including--
(I) the appropriate points of interaction with Federal
agencies;
(II) clarification of the permitting responsibilities and
authorities among Federal agencies; and
(III) best practices and templates for permitting;
(ii) inventories current or emerging activities that
transform captured carbon dioxide into a product of
commercial value, or as an input to products of commercial
value;
(iii) inventories existing initiatives and recent
publications that analyze or identify priority carbon dioxide
pipelines needed to enable efficient, orderly, and
responsible development of carbon capture, utilization, and
sequestration projects at increased scale;
(iv) identifies gaps in the current Federal regulatory
framework for the deployment of carbon capture, utilization,
and sequestration projects and carbon dioxide pipelines; and
(v) identifies Federal financing mechanisms available to
project developers.
(B) Submission; publication.--The Chair shall--
(i) submit the report under subparagraph (A) to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives; and
(ii) as soon as practicable, make the report publicly
available.
(3) Guidance.--
(A) In general.--After submission of the report under
paragraph (2)(B), but not later than 1 year after the date of
enactment of this Act, the Chair shall submit guidance
consistent with that report to all relevant Federal agencies
that--
(i) facilitates reviews associated with the deployment of
carbon capture, utilization, and sequestration projects and
carbon dioxide pipelines; and
(ii) supports the efficient, orderly, and responsible
development of carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(B) Requirements.--
(i) In general.--The guidance under subparagraph (A) shall
address requirements under--
(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(II) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(III) the Clean Air Act (42 U.S.C. 7401 et seq.);
(IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(V) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(VI) division A of subtitle III of title 54, United States
Code (formerly known as the ``National Historic Preservation
Act'');
(VII) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(VIII) the Act of June 8, 1940 (16 U.S.C. 668 et seq.)
(commonly known as the ``Bald and Golden Eagle Protection
Act''); and
(IX) any other Federal law that the Chair determines to be
appropriate.
(ii) Environmental reviews.--The guidance under
subparagraph (A) shall include direction to States and other
interested parties for the development of programmatic
environmental reviews under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture,
utilization, and sequestration projects and carbon dioxide
pipelines.
(iii) Public involvement.--The guidance under subparagraph
(A) shall be subject to the public notice, comment, and
solicitation of information procedures under section 1506.6
of title 40, Code of Federal Regulations (or a successor
regulation).
(C) Submission; publication.--The Chair shall--
(i) submit the guidance under subparagraph (A) to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives; and
(ii) as soon as practicable, make the guidance publicly
available.
(D) Evaluation.--The Chair shall--
(i) periodically evaluate the reports of the task forces
under paragraph (4)(E) and, as necessary, revise the guidance
under subparagraph (A); and
(ii) each year, submit to the Committee on Environment and
Public Works of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and relevant
Federal agencies a report that describes any recommendations
for legislation, rules, revisions to rules, or other policies
that would address the issues identified by the task forces
under paragraph (4)(E).
(4) Task force.--
(A) Establishment.--Not later than 18 months after the date
of enactment of this Act, the Chair shall establish not less
than 2 task forces, which shall each cover a different
geographical area with differing demographic, land use, or
geological issues--
(i) to identify permitting and other challenges and
successes that permitting authorities and project developers
and operators face; and
(ii) to improve the performance of the permitting process
and regional coordination for the purpose of promoting the
efficient, orderly, and responsible development of carbon
capture, utilization, and sequestration projects and carbon
dioxide pipelines.
(B) Members and selection.--
(i) In general.--The Chair shall--
(I) develop criteria for the selection of members to each
task force; and
(II) select members for each task force in accordance with
subclause (I) and clause (ii).
(ii) Members.--Each task force--
(I) shall include not less than 1 representative of each
of--
(aa) the Environmental Protection Agency;
(bb) the Department of Energy;
(cc) the Department of the Interior;
(dd) any other Federal agency the Chair determines to be
appropriate;
[[Page S3537]]
(ee) any State that requests participation in the
geographical area covered by the task force;
(ff) developers or operators of carbon capture,
utilization, and sequestration projects or carbon dioxide
pipelines; and
(gg) nongovernmental membership organizations, the primary
mission of which concerns protection of the environment; and
(II) at the request of a Tribal or local government, may
include a representative of--
(aa) not less than 1 local government in the geographical
area covered by the task force; and
(bb) not less than 1 Tribal government in the geographical
area covered by the task force.
(C) Meetings.--
(i) In general.--Each task force shall meet not less than
twice each year.
(ii) Joint meeting.--To the maximum extent practicable, the
task forces shall meet collectively not less than once each
year.
(D) Duties.--Each task force shall--
(i) inventory existing or potential Federal and State
approaches to facilitate reviews associated with the
deployment of carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines, including best
practices that--
(I) avoid duplicative reviews;
(II) engage stakeholders early in the permitting process;
and
(III) make the permitting process efficient, orderly, and
responsible;
(ii) develop common models for State-level carbon dioxide
pipeline regulation and oversight guidelines that can be
shared with States in the geographical area covered by the
task force;
(iii) provide technical assistance to States in the
geographical area covered by the task force in implementing
regulatory requirements and any models developed under clause
(ii);
(iv) inventory current or emerging activities that
transform captured carbon dioxide into a product of
commercial value, or as an input to products of commercial
value;
(v) identify any priority carbon dioxide pipelines needed
to enable efficient, orderly, and responsible development of
carbon capture, utilization, and sequestration projects at
increased scale;
(vi) identify gaps in the current Federal and State
regulatory framework and in existing data for the deployment
of carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines;
(vii) identify Federal and State financing mechanisms
available to project developers; and
(viii) develop recommendations for relevant Federal
agencies on how to develop and research technologies that--
(I) can capture carbon dioxide; and
(II) would be able to be deployed within the region covered
by the task force, including any projects that have received
technical or financial assistance for research under
paragraph (6) of section 103(g) of the Clean Air Act (42
U.S.C. 7403(g)).
(E) Report.--Each year, each task force shall prepare and
submit to the Chair and to the other task forces a report
that includes--
(i) any recommendations for improvements in efficient,
orderly, and responsible issuance or administration of
Federal permits and other Federal authorizations required
under a law described in paragraph (3)(B)(i); and
(ii) any other nationally relevant information that the
task force has collected in carrying out the duties under
subparagraph (D).
(F) Evaluation.--Not later than 5 years after the date of
enactment of this Act, the Chair shall--
(i) reevaluate the need for the task forces; and
(ii) submit to Congress a recommendation as to whether the
task forces should continue.
______
SA 533. Mr. LANKFORD (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1247. SENSE OF CONGRESS ON ACQUISITION BY TURKEY OF S-
400 AIR DEFENSE SYSTEM.
It is the sense of Congress that--
(1) Turkey is an important North Atlantic Treaty
Organization ally and military partner;
(2) the acquisition by the Government of Turkey of the S-
400 air defense system from the Russian Federation--
(A) undermines--
(i) the security interests of the United States; and
(ii) the air defense of Turkey;
(B) weakens the interoperability of the North Atlantic
Treaty Organization; and
(C) is incompatible with the plan of the Government of
Turkey--
(i) to accept delivery of and operate the F-35 aircraft;
and
(ii) to continue to participate in F-35 aircraft production
and maintenance;
(3) the United States and other member countries of the
North Atlantic Treaty Organization have put forth several
viable and competitive proposals to protect the vulnerable
airspace of Turkey and to ensure the security and integrity
of Turkey as a North Atlantic Treaty Organization ally;
(4) Russian Federation aggression on the periphery of
Turkey, including in Georgia, Ukraine, the Black Sea, and
Syria, and especially the indiscriminate bombing by the
Russian Federation of the Idlib province of Syria on the
border of Turkey and the incursions of Russian Federation
warplanes into the airspace of Turkey on November 24, 2015,
and other occasions, endangers the security of Turkey;
(5) the termination of the participation of Turkey in the
F-35 program and supply chain, which may still be avoided if
the Government of Turkey abandons its planned acquisition of
the S-400 air defense system, would cause significant harm to
the growing defense industry and economy of Turkey; and
(6) if the Government of Turkey accepts delivery of the S-
400 air defense system--
(A) such acceptance would--
(i) constitute a significant transaction within the meaning
of section 231(a) of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (22 U.S.C. 9525(a));
(ii) endanger the integrity of the North Atlantic Treaty
Organization Alliance and pose a significant threat to
Turkey;
(iii) adversely affect ongoing operations of the United
States Armed Forces, including coalition operations in which
the United States Armed Forces participate;
(iv) result in a significant impact to defense cooperation
between the United States and Turkey; and
(v) significantly increase the risk of compromising United
States defense systems and operational capabilities; and
(B) the President should fully implement the Countering
Russian Influence in Europe and Eurasia Act of 2017 (Public
Law 115-44; 131 Stat. 886) by imposing and applying sanctions
under section 235 of that Act (22 U.S.C. 9529) with respect
to any individual or entity determined to have engaged in
such significant transaction as if such person were a
sanctioned person for purposes of such section.
______
SA 534. Mr. PORTMAN (for himself and Mr. Brown) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
In the table in section 4601, in the item relating to
Wright-Patterson AFB, strike the amount in the Senate
Authorized column and insert ``120,900''.
In the table in section 4601, in the item relating to
Subtotal Air Force, strike the amount in the Senate
Authorized column and insert ``1,765,730''.
In the table in section 4601, in the item relating to Total
Military Construction, strike the amount in the Senate
Authorized column and insert ``9,282,609''.
______
SA 535. Mr. PORTMAN (for himself and Mr. Brown) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
In the table in section 2604, insert after the item
relating to Rosecrans Memorial Airport the following new
item:
------------------------------------------------------------------------
Ohio............................... Rickenbacker $8,000,000
International Airport.
------------------------------------------------------------------------
In the table in section 4601, insert after the item
relating to Rosecrans Memorial Airport the following new
item:
Ohio
Air National Guard Rickenbacker Small arms range.......... 0 8,000
International Airport
In the table in section 4601, in the item relating to
Subtotal Air National Guard, strike the amount in the Senate
Authorized column and insert ``230,971''.
In the table in section 4601, in the item relating to Total
Military Construction, strike the amount in the Senate
Authorized column and insert ``9,243,709''.
[[Page S3538]]
______
SA 536. Mr. PORTMAN (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Strike section 1234 and insert the following:
SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), as most
recently amended by section 1246 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is further amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``in coordination with the Secretary of
State'' and inserting ``with the concurrence of the Secretary
of State'';
(2) in subsection (b)--
(A) by amending paragraph (11) to read as follows:
``(11) Air defense and coastal defense radars, and systems
to support effective command and control and integration of
air defense and coastal defense capabilities.'';
(B) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16), respectively;
(C) by inserting after paragraph (13) the following new
paragraph (14):
``(14) Coastal defense and anti-ship missile systems.'';
and
(D) in paragraph (15), as so redesignated, by striking
``paragraphs (1) through (13)'' and inserting ``paragraphs
(1) through (14)'';
(3) in subsection (c), by amending paragraph (5) to read as
follows:
``(5) Lethal assistance.--Of the funds available for fiscal
year 2020 pursuant to subsection (f)(5), $100,000,000 shall
be available only for lethal assistance described in
paragraphs (2), (3), (11), (12), and (14) of subsection
(b).'';
(4) in subsection (f), by adding at the end the following
new paragraph:
``(5) For fiscal year 2020, $300,000,000.'';
(5) in subsection (h), by striking ``December 31, 2021''
and inserting ``December 31, 2022'';
(6) by redesignating the second subsection (g) as
subsection (i); and
(7) by adding at the end the following new subsection:
``(j) Report on Capability and Capacity Requirements.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Secretary of
Defense, in coordination with the Secretary of State, shall
submit a report to the congressional defense committees on
the capability and capacity requirements of the military
forces of Ukraine.
``(2) Matters to be included.--The report under paragraph
(1) shall include the following:
``(A) An identification of the capability gaps and capacity
shortfalls of the military of Ukraine.
``(B) An assessment of the relative priority assigned by
the Government of Ukraine to addressing such capability gaps
and capacity shortfalls.
``(C) An assessment of the capability gaps and capacity
shortfalls that--
``(i) may be addressed in a timely and efficient manner by
unilateral efforts of the Government of Ukraine; and
``(ii) are unlikely to be sufficiently addressed solely
through unilateral efforts.
``(D) An assessment of the capability gaps and capacity
shortfalls that may be addressed by the Ukraine Security
Assistance Initiative in a timely and efficient manner.
``(E) A future-years defense plan for the Ukraine Security
Assistance Initiative for fiscal years 2021 through 2025 to
meet the most critical capability gaps and capacity
shortfalls of the military forces of Ukraine.''.
______
SA 537. Mr. PORTMAN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 542, strike lines 14 through 18, and insert the
following:
``(14) Coastal defense and anti-ship missile systems.'';
(D) in paragraph (15), as so redesignated, by striking
``paragraphs (1) through (13)'' and inserting ``paragraphs
(1) through (14)''; and
(E) by adding at the end the following new paragraph:
``(17) Anti-air defense systems.'';
______
SA 538. Mr. PORTMAN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1233 and insert the following:
SEC. 1233. EXTENSION AND MODIFICATION OF LIMITATION ON
MILITARY COOPERATION BETWEEN THE UNITED STATES
AND THE RUSSIAN FEDERATION.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), as
most recently amended by section 1247 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is further amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2017, 2018, or 2019'' and inserting ``fiscal
year 2017, 2018, 2019, or 2020'';
(2) in paragraph (1) by striking ``; and'';
(3) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(3) the Russian Federation has released the 24 Ukrainian
sailors captured in the Kerch Strait on November 25, 2018.''.
______
SA 539. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2806. REPORT ON UNFUNDED REQUIREMENTS FOR MAJOR AND
MINOR MILITARY CONSTRUCTION PROJECTS FOR CHILD
DEVELOPMENT CENTERS OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--The Under Secretary of Defense for
Personnel and Readiness, in coordination with the Assistant
Secretary for Energy, Installations, and Environment for each
military department, shall submit to the congressional
defense committees each year, at the time the budget of the
President for the fiscal year beginning in such year is
submitted to Congress under section 1105(a) of title 31,
United States Code, a report, in priority order, listing
unfunded requirements for major and minor military
construction projects for child development centers of the
Department of Defense.
(b) Inclusion of Form.--Each report submitted under
subsection (a) shall include a Department of Defense Form
DD1391 for each major and minor military construction project
included in the report.
______
SA 540. Mr. SCHATZ (for himself, Mr. Durbin, Mr. Leahy, and Mr.
Tester) submitted an amendment intended to be proposed by him to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2806. MODIFICATION AND CLARIFICATION OF CONSTRUCTION
AUTHORITY IN THE EVENT OF A DECLARATION OF WAR
OR NATIONAL EMERGENCY.
(a) Limitation on Amount of Funds Available for National
Emergency.--Section 2808 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(c) Limitation on Amount of Funds Available for National
Emergency.--(1) Except as provided in paragraph (2), in the
event of a declaration by the President of a national
emergency in which the construction authority described in
subsection (a) is used, the total cost of all military
construction projects undertaken using that authority during
the national emergency may not exceed $500,000,000.
``(2) In the event of a national emergency declaration in
which the construction authority described in subsection (a)
will be used only within the United States, the total cost of
all military construction projects undertaken using that
authority during the national emergency may not exceed
$100,000,000.''.
(b) Additional Condition on Source of Funds.--Section
2808(a) of title 10, United States Code, is amended--
(1) in the second sentence--
(A) by striking ``Such projects may'' and inserting the
following:
``(b) Conditions on Source of Funds.--(1) Military
construction projects to be undertaken using the construction
authority described in subsection (a) may''; and
[[Page S3539]]
(B) by inserting before the period at the end of the
sentence the following: ``and that the Secretary of Defense
determines are otherwise unexecutable''; and
(2) by adding after the second sentence the following:
``(2) For purposes of paragraph (1), the Secretary may
determine that funds appropriated for military construction
are unexecutable if--
``(A) a military construction project for which the funds
were appropriated has been cancelled, for a reason other than
to provide funds to carry out military construction under
this section; or
``(B) the cost of a military construction project for which
the funds were appropriated has been reduced because of
project modifications or other cost savings, for a reason
other than to provide funds to carry out military
construction under this section.''.
(c) Waiver of Other Provisions of Law.--Section 2808 of
title 10, United States Code, is amended by inserting after
subsection (c), as added by subsection (a), the following new
subsection:
``(d) Waiver of Other Provisions of Law in Event of
National Emergency.--In the event of a declaration by the
President of a national emergency in which the construction
authority described in subsection (a) is used, the authority
provided by such subsection to waive or disregard another
provision of law that would otherwise apply to a military
construction project authorized by this section may be used
only if--
``(1) such other provision of law does not provide a means
by which compliance with the requirements of the law may be
waived, modified, or expedited; and
``(2) the Secretary of Defense determines that the nature
of the national emergency necessitates the noncompliance with
the requirements of the law.''.
(d) Additional Notification Requirements.--Subsection (e)
of section 2808 of title 10, United States Code, as
redesignated by subsection (a)(1), is amended--
(1) by striking ``of the decision'' and all that follows
through the period at the end and inserting the following:
``of the following:
``(A) The reasons for the decision to use the construction
authority described in subsection (a), including, in the
event of a declaration by the President of a national
emergency, the reasons why use of the armed forces is
required in response to the declared national emergency.
``(B) The construction projects to be undertaken using the
construction authority described in subsection (a),
including, in the event of a declaration by the President of
a national emergency, an explanation of how each construction
project directly supports the immediate security, logistical,
or short-term housing and ancillary supporting facility needs
of the members of the armed forces used in the national
emergency.
``(C) The estimated cost of the construction projects to be
undertaken using the construction authority described in
subsection (a), including the cost of any real estate action
pertaining to the construction projects, and certification of
compliance with the funding conditions imposed by subsections
(b) and (c).
``(D) Any determination made pursuant to subsection (d)(2)
to waive or disregard another provision of law to undertake
any construction project using the construction authority
described in subsection (a).
``(E) The military construction projects, including any
military family housing and ancillary supporting facility
projects, to be canceled or deferred in order to provide
funds to undertake construction projects using the
construction authority described in subsection (a) and the
possible impact of the cancellation or deferment of such
military construction projects on military readiness and the
quality of life of members of the armed forces and their
dependents.''; and
(2) by adding at the end the following new paragraph:
``(2) In the event of a declaration by the President of a
national emergency in which the construction authority
described in subsection (a) is used, a construction project
to be undertaken using such construction authority may be
carried out only after the end of the five-day period
beginning on the date the notification required by paragraph
(1) is received by the appropriate committees of Congress.''.
(e) Clerical Amendments.--Section 2808 of title 10, United
States Code, is further amended--
(1) in subsection (a), by inserting ``Construction
Authorized.--'' after ``(a)'';
(2) in subsection (e), as redesignated by subsection
(a)(1), by inserting ``Notification Requirement.--(1)'' after
``(e)''; and
(3) in subsection (f), as redesignated by subsection
(a)(1), by inserting ``Termination of Authority.--'' after
``(f)''.
______
SA 541. Mr. BLUMENTHAL submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. REVISION OF FEDERAL CHARTER RESTRICTIONS ON GOLD
STAR WIVES OF AMERICA.
Section 80507(b) of title 36, United States Code, is
amended by striking ``or in any manner attempt to influence
legislation''.
______
SA 542. Mr. COONS (for himself, Mr. Gardner, Mrs. Gillibrand, Mr.
Tillis, Ms. Hassan, Mr. Peters, Mr. Moran, Mr. Rubio, and Ms.
Klobuchar) submitted an amendment intended to be proposed by him to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. IMPROVEMENTS TO NETWORK FOR MANUFACTURING
INNOVATION PROGRAM.
(a) Alternate Program Name.--Subsection (a) of section 34
of the National Institute of Standards and Technology Act (15
U.S.C. 278s) is amended by inserting ``or as `Manufacturing
USA' '' after ``as the `Network for Manufacturing Innovation
Program' ''.
(b) Centers for Manufacturing Innovation.--Subsection (c)
of such section is amended--
(1) in subparagraphs (B) and (C)(i) of paragraph (1), by
striking ``and tool development for microelectronics'' both
places it appears and inserting ``tool development for
microelectronics, food manufacturing, superconductors,
advanced battery technologies, robotics, advanced sensors,
quantum information science, supply chain water optimization,
aeronautics and advanced materials, and graphene and graphene
commercialization'';
(2) in paragraph (2)(D), by striking ``and minority'' and
inserting ``, minority, and veteran''; and
(3) in paragraph (3)(A), by striking ``, but such'' and all
that follows through ``under subsection (d)''.
(c) Financial Assistance To Establish and Support Centers
for Manufacturing Innovation.--Subsection (d) of such section
is amended--
(1) in paragraph (1) is amended to read as follows:
``(1) In general.--In carrying out the Program, the
Secretary shall award financial assistance to the following:
``(A) To a person or group of persons to assist the person
or group of persons in planning, establishing, or supporting
a center for manufacturing innovation.
``(B) To a center for manufacturing innovation, including a
center that was not established using Federal funds, to
support workforce development, cross-center projects, and
other efforts which support the purposes of the Program.'';
(2) in paragraphs (2), (3), and (4), by striking ``under
paragraph (1)'' each place it appears and inserting ``under
paragraph (1)(A)'';
(3) in paragraph (4)--
(A) in subparagraph (C)--
(i) in clause (i), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii)--
(I) by inserting ``, including appropriate measures for
assessing the effectiveness of the activities funded with
regards to the center's success in advancing the current
state of the applicable advanced manufacturing technology
area such as technology readiness level and manufacturing
readiness level,'' after ``measures''; and
(II) by striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(iii) establish standards for the performance of centers
for manufacturing innovation that are based on the measures
developed under clause (ii); and
``(iv) for each center for manufacturing innovation
supported by the award, 5 years after the initial award and
every 5 years thereafter until Federal funding is
discontinued, conduct an assessment of the center to confirm
whether the performance of the center is meeting the
standards for performance established under clause (iii).'';
(B) in subparagraph (D), by inserting ``, including, as
appropriate, the Department of Agriculture, the Department of
Defense, the Department of Education, the Department of
Energy, the Department of Labor, the Food and Drug
Administration, the National Aeronautics and Space
Administration, the National Institutes of Health, and the
National Science Foundation'' after ``manufacturing''; and
(C) in subparagraph (E)--
(i) in clause (ii), by striking ``without the need for
long-term Federal funding'';
(ii) in clause (iii), by striking ``significantly'';
(iii) in clause (v), by inserting ``and to improve the
domestic supply chain'' after ``technologies''; and
(iv) in clause (ix), by inserting ``industrial, research,
entrepreneurship, and other'' after ``leverage the'';
(4) in paragraph (5)--
[[Page S3540]]
(A) by striking subparagraph (A) and inserting the
following:
``(A) Performance deficiency.--
``(i) Notice of deficiency.--If the Secretary finds that a
center for manufacturing innovation does not meet the
standards for performance established under clause (iii) of
paragraph (4)(C) during an assessment pursuant to clause (iv)
of such paragraph, the Secretary shall notify the center of
any deficiencies in the performance of the center and provide
the center one year to remedy such deficiencies.
``(ii) Failure to remedy.--If a center for manufacturing
innovation fails to remedy a deficiency identified under
clause (i) or to show significant improvement in performance
one year after notification of a performance deficiency
identified under clause (i), the Secretary shall notify the
center that the center is ineligible for further financial
assistance awarded under paragraph (1) .'';
(B) in subparagraph (B), in the first sentence, by striking
``large capital facilities or equipment purchases'' and
inserting ``satellite centers, large capital facilities,
equipment purchases, workforce development, or general
operations''; and
(C) by striking subparagraph (C); and
(5) by adding at the end the following:
``(6) Use of financial assistance.--Financial assistance
awarded under paragraph (1)(B) may be used to carry out
Program-wide activities directed by the Secretary, such as
activities targeting workforce development.''.
(d) Funding.--Subsection (e)(2) of such section is
amended--
(1) by amending subparagraph (A) to read as follows:
``(A) NIST industrial technical services account.--To the
extent provided for in advance by appropriations Acts, the
Secretary may use amounts appropriated to the Institute for
Industrial Technical Services account to carry out this
section as follows:
``(i) For each of the fiscal years 2015 through 2019, an
amount not to exceed $5,000,000.
``(ii) For each of fiscal years 2020 through 2030, such
amounts as may be necessary to carry out this section.''; and
(2) in subparagraph (B), by striking ``through 2024'' and
inserting ``through 2019''.
(e) National Program Office.--Subsection (f) of such
section is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) by inserting ``coordinate with and, as appropriate,''
before ``enter''; and
(ii) by inserting ``including the Department of
Agriculture, the Department of Defense, the Department of
Education, the Department of Energy, the Department of Labor,
the Food and Drug Administration, the National Aeronautics
and Space Administration, the National Institutes of Health,
and the National Science Foundation,'' after
``manufacturing,'';
(B) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(C) by redesignating subparagraph (F) as subparagraph (J);
and
(D) by inserting after subparagraph (E) the following:
``(F) to carry out pilot programs in collaboration with the
centers for manufacturing innovation such as a laboratory-
embedded entrepreneurship program;
``(G) to provide support services and funding as necessary
to promote workforce development activities;
``(H) to coordinate with centers for manufacturing
innovation to develop best practices for the membership
agreements and coordination of similar project solicitations;
``(I) to collaborate with the Department of Labor, the
Department of Education, industry, career and technical
education schools, local community colleges, universities,
and labor organizations to provide input for the development
of national certifications for advanced manufacturing
workforce skills in the technology areas of the centers for
manufacturing innovation; and'';
(2) in paragraph (3), by inserting ``State, Tribal, and
local governments,'' after ``community colleges,''; and
(3) in paragraph (5)--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Liaisons.--
``(i) In general.--The Secretary may provide financial
assistance to a manufacturing extension center established as
part of the Hollings Manufacturing Extension Partnership to
support the purposes of the Program by providing services in
one or more of the following areas:
``(I) Cybersecurity awareness and support services for
small- and medium-sized manufacturers.
``(II) Assistance with workforce development.
``(III) Technology transfer for small and medium-sized
manufacturers.
``(IV) Such other areas as the Secretary determines
appropriate to support the purposes of the Program.
``(ii) Support.--Support under clause (i) may include the
designation of a liaison.''.
(f) Reporting and Auditing.--Subsection (g) of such section
is amended--
(1) in paragraphs (1) and (2), by striking ``under
subsection (d)(1)'' and inserting ``under subsection
(d)(1)(A)'';
(2) in paragraph (2)(A), by striking ``December 31, 2024''
and inserting ``December 31, 2030''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``2 years'' and inserting ``3 years''; and
(ii) by striking ``2-year'' and inserting ``3-year''; and
(B) in subparagraph (B), by striking ``December 31, 2024''
and inserting ``December 31, 2030''.
(g) Expansion.--Subject to the availability of
appropriations, the Secretary of Commerce shall increase the
number of centers for manufacturing innovation that
participate in the Network for Manufacturing Innovation
Program.
SEC. ___. REGIONAL INNOVATION PROGRAM.
Section 27 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722) is amended to read as follows:
``SEC. 27. REGIONAL INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible recipient defined.--The term `eligible
recipient' means--
``(A) a State;
``(B) an Indian tribe;
``(C) a city or other political subdivision of a State;
``(D) an entity that is a nonprofit organization, an
institution of higher education, a public-private
partnership, a science or research park, a Federal
laboratory, a venture development organization, or an
economic development organization or similar entity that is
focused primarily on improving science, technology,
innovation, or entrepreneurship; or
``(E) a consortium of any of the entities described in
subparagraphs (A) through (D).
``(2) Regional innovation initiative.--The term `regional
innovation initiative' means a geographically-bounded public
or nonprofit activity or program to address issues in the
local innovation systems in order to--
``(A) increase the success of innovation-driven industry;
``(B) strengthen the competitiveness of industry through
new product innovation and new technology adoption;
``(C) improve the pace of market readiness and overall
commercialization of innovative research;
``(D) enhance the overall innovation capacity and long-term
resilience of the region; and
``(E) leverage the region's unique competitive strengths to
stimulate innovation and to create jobs.
``(3) State.--The term `State' means one of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or any other territory or
possession of the United States.
``(4) Venture development organization.--The term `venture
development organization' means a State or nonprofit
organization that contributes to regional or sector-based
economic prosperity by providing services for the purposes
of--
``(A) accelerating the commercialization of research;
``(B) strengthening the competitive position of industry
through the development, commercial adoption, or deployment
of technology; and
``(C) providing financial grants, loans, or direct
financial investment to commercialize technology.
``(b) Establishment.--The Secretary shall establish a
regional innovation program to encourage and support the
development of regional innovation strategies designed to
increase innovation-driven economic opportunity within their
respective regions.
``(c) Regional Innovation Grants.--
``(1) Authorization of grants.--As part of the program
established pursuant to subsection (b), the Secretary may
award grants, on a competitive basis, to eligible recipients
for activities designed to develop and support a regional
innovation initiative.
``(2) Permissible activities.--A grant awarded under this
subsection shall be used for multiple activities determined
appropriate by the Secretary, including--
``(A) improving the connectedness and strategic orientation
of the region through planning, technical assistance, and
communication among participants of a regional innovation
initiative;
``(B) attracting additional participants to a regional
innovation initiative;
``(C) increasing the availability and investment of private
and philanthropic financing that supports innovation-based
business ventures;
``(D) completing the research, development and introduction
of new products, processes, and services into the commercial
market;
``(E) increasing the number of full-time equivalent
employment opportunities within innovation-based business
ventures in the geographic region; and
``(F) achieving quantifiable, positive benefits to, or
measurable enhancements for, the economic performance of the
geographic region.
``(3) Restricted activities.--Grants awarded under this
subsection may not be used to pay for--
``(A) costs related to the recruitment, inducement, or
associated financial or tangible incentives that might be
offered to relocate an existing business from a geographic
area to another geographic area; or
``(B) costs associated with offsetting revenues forgone by
one or more taxing authorities through tax incentives, tax
increment financing, special improvement districts, tax
abatements for private development within designated zones or
geographic areas, or
[[Page S3541]]
other reduction in revenues resulting from tax credits
affecting the geographic region of the eligible recipients.
``(4) Applications.--
``(A) In general.--An eligible recipient shall submit an
application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
``(B) Components.--Each application submitted under
subparagraph (A) shall--
``(i) describe the regional innovation initiative;
``(ii) indicate whether the regional innovation initiative
is supported by the private sector, State and local
governments, and other relevant stakeholders;
``(iii) identify what activities the regional innovation
initiative will undertake;
``(iv) describe the expected outcomes of the regional
innovation initiative and how the eligible recipient will
measure progress toward those outcomes;
``(v) indicate whether the participants in the regional
innovation initiative have access to, or contribute to, a
well-trained workforce and other innovation assets that are
critical to the successful outcomes specified in the
application;
``(vi) indicate whether the participants in the regional
innovation initiative are capable of attracting additional
funds from non-Federal sources; and
``(vii) if appropriate for the activities proposed in the
application, analyze the likelihood that the participants in
the regional innovation initiative will be able to sustain
activities after grant funds received under this subsection
have been expended.
``(C) Feedback.--The Secretary shall provide feedback to
program applicants that are not awarded grants to help them
improve future applications.
``(D) Special considerations.--The Secretary shall give
special consideration to--
``(i) applications proposing to include workforce or
training related activities in their regional innovation
initiative from eligible recipients who agree to collaborate
with local workforce investment area boards; and
``(ii) applications from regions that contain communities
negatively impacted by trade.
``(5) Cost share.--The Secretary may not provide more than
50 percent of the total cost of any activity funded under
this subsection.
``(6) Outreach to rural communities.--
``(A) In general.--The Secretary shall conduct outreach to
public and private sector entities in rural communities to
encourage those entities to participate in regional
innovation initiatives under this subsection.
``(B) Justification.--As part of the program established
pursuant to subsection (b), the Secretary, through the
Economic Development Administration, shall submit an annual
report to Congress that explains the balance in the
allocation of grants to eligible recipients under this
subsection between rural and urban areas.
``(7) Funding.--The Secretary may accept funds from other
Federal agencies to support grants and activities under this
subsection.
``(d) Regional Innovation Research and Information
Program.--
``(1) In general.--As part of the program established
pursuant to subsection (b), the Secretary shall establish a
regional innovation research and information program--
``(A) to gather, analyze, and disseminate information on
best practices for regional innovation initiatives, including
information relating to how innovation, productivity, and
economic development can be maximized through such
strategies;
``(B) to provide technical assistance, including through
the development of technical assistance guides, for the
development and implementation of regional innovation
initiatives;
``(C) to support the development of relevant metrics and
measurement standards to evaluate regional innovation
initiatives, including the extent to which such strategies
stimulate innovation, productivity, and economic development;
and
``(D) to collect and make available data on regional
innovation initiatives in the United States, including data
on--
``(i) the size, specialization, and competitiveness of
regional innovation initiatives;
``(ii) the regional domestic product contribution, total
jobs and earnings by key occupations, establishment size,
nature of specialization, patents, Federal research and
development spending, and other relevant information for
regional innovation initiatives; and
``(iii) supply chain product and service flows within and
between regional innovation initiatives.
``(2) Research grants.--The Secretary may award research
grants on a competitive basis to support and further the
goals of the program established under this section.
``(3) Dissemination of information.--Data and analysis
compiled by the Secretary under the program established in
this subsection shall be made available to other Federal
agencies, State and local governments, and nonprofit and for-
profit entities.
``(4) Regional innovation grant program.--The Secretary
shall incorporate data and analysis relating to any grant
awarded under subsection (c) into the program established
under this subsection.
``(e) Interagency Coordination.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall ensure that the activities carried out under
this section are coordinated with, and do not duplicate the
efforts of, other programs at the Department of Commerce or
at other Federal agencies.
``(2) Collaboration.--
``(A) In general.--The Secretary shall explore and pursue
collaboration with other Federal agencies, including through
multi-agency funding opportunities, on regional innovation
strategies.
``(B) Small businesses.--The Secretary shall ensure that
such collaboration with Federal agencies prioritizes the
needs and challenges of small businesses.
``(f) Evaluation.--
``(1) In general.--Not later than 5 years after Congress
first appropriates funds to carry out this section, the
Secretary shall competitively award a contract with an
independent entity to conduct an evaluation of programs
established under this section.
``(2) Requirements.--The evaluation conducted under
paragraph (1) shall include--
``(A) an assessment of whether the program is achieving its
goals;
``(B) the program's efficacy in providing awards to
geographically diverse entities;
``(C) any recommendations for how the program may be
improved; and
``(D) a recommendation as to whether the program should be
continued or terminated.
``(g) Reporting Requirement.--Not later than 5 years after
the first grant is awarded under subsection (c), and every 5
years thereafter until 5 years after the last grant recipient
completes the regional innovation initiative for which such
grant was awarded, the Secretary shall submit a report to
Congress that describes the outcome of each regional
innovation initiative that was completed during the previous
5 years.
``(h) Funding.--From amounts appropriated by Congress for
economic development assistance authorized under section 27
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3722), the Secretary may use up to $50,000,000 in each
of the fiscal years 2020 through 2024 to carry out this
section.''.
______
SA 543. Mr. TOOMEY (for himself, Mr. Jones, Mrs. Capito, and Mr.
Casey) submitted an amendment intended to be proposed by him to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. BLOCKING FENTANYL IMPORTS.
(a) Short Title.--This section may be cited as the
``Blocking Deadly Fentanyl Imports Act''.
(b) Amendment to Definition of Major Illicit Drug Producing
Country.--Section 481(e)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291(e)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``in which'';
(2) in subparagraph (A), by inserting ``in which'' before
``1,000'';
(3) in subparagraph (B)--
(A) by inserting ``in which'' before ``1,000''; and
(B) by striking ``or'' at the end;
(4) in subparagraph (C)--
(A) by inserting ``in which'' before ``5,000''; and
(B) by inserting ``or'' after the semicolon; and
(5) by adding at the end the following:
``(D) that is a significant source of illicit fentanyl,
fentanyl analogues, or the precursors of fentanyl and
fentanyl analogues;''.
(c) International Narcotics Control Strategy Report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)) is amended by adding at the end the
following:
``(9) A separate section that contains the following:
``(A) An identification of the countries that are the most
significant exporters of illicit fentanyl, fentanyl
analogues, and fentanyl precursor chemicals during the
preceding calendar year.
``(B) An identification of the countries that are the most
significant sources of diversion or chemicals described in
subparagraph (A) for illicit uses, to the extent feasible.
``(C) A description of the extent to which each country
identified pursuant to subparagraphs (A) and (B) has
cooperated with the United States to prevent the chemicals
described in subparagraph (A) from being exported from such
country to the United States.''.
(d) Withholding of Bilateral and Multilateral Assistance.--
(1) In general.--Section 490(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291j(a)) is amended--
(A) in paragraph (1), by striking ``clause (i) or (ii) of
section 489(a)(8)(A) of this Act'' and inserting ``paragraph
(8)(A) or (9) of section 489(a)''; and
(B) in paragraph (2), by striking ``clause (i) or (ii) of
section 489(a)(8)(A) of this Act'' and inserting ``paragraph
(8)(A) or (9) of section 489(a)''.
[[Page S3542]]
(2) Designation of countries without emergency scheduling
procedures.--Section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)) is
amended--
(A) in the matter preceding subparagraph (A), by striking
``also'';
(B) in subparagraph (A)(ii), by striking ``and'' at the
end;
(C) by redesignating subparagraph (B) as subparagraph (E);
(D) by inserting after subparagraph (A) the following:
``(B) designate each country, if any, identified in such
report that has failed to adopt and utilize emergency
scheduling procedures for new illicit drugs and other
synthetics that are comparable to the procedures authorized
under title II of the Controlled Substances Act (21 U.S.C.
811 et seq.) for adding drugs and other substances to the
controlled substances schedules;''; and
(E) in subparagraph (E), as redesignated, by striking ``so
designated'' and inserting ``designated under subparagraph
(A), (B), (C), or (D)''.
(3) Designation of countries without ability to prosecute
criminals for the manufacture or distribution of fentanyl
analogues.--Section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)),
as amended by paragraph (2), is further amended by inserting
after subparagraph (B) the following:
``(C) designate each country, if any, identified in such
report that is incapable of prosecuting criminals for the
manufacture or distribution of controlled substance analogues
(as defined in section 102(32) of the Controlled Substances
Act (21 U.S.C. 802(32)) in the same manner as criminals are
prosecuted for the manufacture or distribution of controlled
substances;''.
(4) Designation of countries that do not require the
registration of pill presses and tableting machines.--Section
706(2) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (22 U.S.C. 2291j-1(2)), as amended by paragraphs
(2) and (3), is further amended by inserting after
subparagraph (C) the following:
``(D) designate each country, if any, identified in such
report that does not require the registration of tableting
machines and encapsulating machines in a manner comparable to
the registration requirements set forth in part 1310 of title
21, Code of Federal Regulations; and''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
______
SA 544. Ms. BALDWIN (for herself and Mr. Hoeven) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. AUTHORIZING USE OF ALL-VOLUNTEER FORCE EDUCATIONAL
ASSISTANCE FOR PRIVATE PILOT'S LICENSES.
Section 3034(d) of title 38, United States Code, is
amended--
(1) in paragraph (1), by inserting ``and is required for
the course of education being pursued (including with respect
to a dual major, concentration, or other element of a
degree)'' before the semicolon; and
(2) in paragraph (2), by striking ``the individual'' and
all that follows through ``training,'' and inserting ``on the
day the individual begins a course of flight training, the
individual possesses''.
______
SA 545. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. STATE REVOLVING FUND TRANSFER AUTHORITY.
(a) Definitions.--In this section:
(1) Clean water revolving fund.--The term ``clean water
revolving fund'' means a State water pollution control
revolving fund established under title VI of the Federal
Water Pollution Control Act (33 U.S.C. 1381 et seq.).
(2) Drinking water revolving fund.--The term ``drinking
water revolving fund'' means a State drinking water treatment
revolving loan fund established under section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12).
(b) Authority.--In addition to the transfer authority in
section 302(a) of the Safe Drinking Water Act Amendments of
1996 (42 U.S.C. 300j-12 note; Public Law 104-182), and
notwithstanding section 1452(d) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(d)), during the 1-year period
beginning on the date of enactment of this Act, if a State,
in consultation with the Administrator of the Environmental
Protection Agency, determines that available funds in the
clean water revolving fund of the State are necessary to
address a threat to public health as a result of heightened
exposure to lead in drinking water, the State may transfer an
amount equal to not more than 5 percent of the cumulative
clean water revolving fund Federal grant dollars to the State
to the drinking water revolving fund of the State. Funds
transferred pursuant to this subsection shall be used by the
State to provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest
loans, or grants (or any combination of these).
______
SA 546. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF
THE NAMES OF THE CREW MEMBERS OF THE U.S.S.
FRANK E. EVANS KILLED ON JUNE 3, 1969.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
authorize the inclusion on the Vietnam Veterans Memorial Wall
in the District of Columbia of the names of the 74 crew
members of the U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Facilitation of Inclusion of Names.--The National Park
Service, the National Capital Planning Commission, the
Commission of Fine Arts, and other applicable authorities are
encouraged to approve adjustments to the nomenclature and
placement of names pursuant to subsection (a) to address any
space limitations on the placement of additional names on the
Vietnam Veterans Memorial Wall.
______
SA 547. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XV add the following:
Subtitle C--Response to Ebola Outbreak
SEC. 1531. TRANSFER AUTHORITY FOR EBOLA RESPONSE.
(a) In General.--The Secretary of Defense may transfer
amounts of authorizations made available to the Department of
Defense for overseas contingency operations in this title for
fiscal year 2020 to any other authorization for that fiscal
year to support efforts of the United States Agency for
International Development, the Centers for Disease Control
and Prevention, and the overseas humanitarian disaster and
civic aid program of the Department to address the Ebola
outbreak in the Democratic Republic of Congo and surrounding
countries.
(b) Notification of Congress.--Not later than 15 days
before the date on which a transfer under subsection (a) is
carried out, the Secretary shall notify the appropriate
committees of Congress of such transfer.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of House
of Representatives.
______
SA 548. Mr. BURR (for himself and Mr. Warner) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Damon
Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Year 2020''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
[[Page S3543]]
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence community management account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Modification of amount of Central Intelligence Agency
voluntary separation pay.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Improving the onboarding methodology for certain intelligence
personnel.
Sec. 304. Intelligence community public-private talent exchange.
Sec. 305. Expansion of scope of protections for identities of covert
agents.
Sec. 306. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 307. Paid parental leave.
Subtitle B--Office of the Director of National Intelligence
Sec. 311. Exclusivity, consistency, and transparency in security
clearance procedures and right to appeal.
Sec. 312. Limitation on transfer of National Intelligence University.
Sec. 313. Improving visibility into the security clearance process.
Sec. 314. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
Subtitle C--Inspector General of the Intelligence Community
Sec. 321. Definitions.
Sec. 322. Inspector General external review panel.
Sec. 323. Harmonization of whistleblower processes and procedures.
Sec. 324. Intelligence community oversight of agency whistleblower
actions.
Sec. 325. Report on cleared whistleblower attorneys.
TITLE IV--REPORTS AND OTHER MATTERS
Sec. 401. Study on foreign employment of former personnel of
intelligence community.
Sec. 402. Comprehensive economic assessment of investment in key United
States technologies by companies or organizations linked
to China.
Sec. 403. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial intelligence and
machine learning.
Sec. 404. Encouraging cooperative actions to detect and counter foreign
influence operations.
Sec. 405. Oversight of foreign influence in academia.
Sec. 406. Director of National Intelligence report on fifth-generation
wireless network technology.
Sec. 407. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to Congress.
Sec. 408. Director of National Intelligence assessments of foreign
interference in elections.
Sec. 409. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning center.
Sec. 410. Report on death of Jamal Khashoggi.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2020 the sum of $558,000,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2020 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2020.
SEC. 202. MODIFICATION OF AMOUNT OF CENTRAL INTELLIGENCE
AGENCY VOLUNTARY SEPARATION PAY.
Section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 3519a(e)(2)) is amended--
(1) in subsection (e)(2)(B), by striking ``$25,000'' and
inserting ``$40,000 (as adjusted from time to time under
subsection (f))'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(c) Adjustments.--
``(1) In general.--On March 1 of each year, the Director
shall provide a percentage increase (rounded in accordance
with paragraph (2)) in the amount specified in subsection
(e)(2)(B), equal to the percentage by which--
``(A) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the December
31 immediately preceding the date on which the increase is
made, exceeds
``(B) the Consumer Price Index for the 12-month period
preceding the 12-month period described in subparagraph (A).
``(2) Rounding.--A percentage increase under paragraph (1)
shall be adjusted to the nearest one-tenth of one percent,
and an amount determined under paragraph (1) shall be rounded
to the nearest multiple of $1,000 (or, if midway between
multiples of $1,000, to the next higher multiple of
$1,000).''.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 303. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN
INTELLIGENCE PERSONNEL.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate; and
[[Page S3544]]
(B) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
(2) Covered elements of the intelligence community.--The
term ``covered elements of the intelligence community'' means
the elements of the intelligence community that are within
the following:
(A) The Department of Energy.
(B) The Department of Homeland Security.
(C) The Department of Justice.
(D) The Department of State.
(E) The Department of the Treasury.
(b) In General.--The Secretary of Defense and the Director
of National Intelligence shall, consistent with Department of
Defense Instruction 1400.25, as in effect on the day before
the date of the enactment of this Act--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report that outlines a common methodology for measuring
onboarding in covered elements of the intelligence community,
including human resources and security processes;
(2) not later than 1 year after the date of the enactment
of this Act, issue metrics for assessing key phases in the
onboarding described in paragraph (1) for which results will
be reported by the date that is 90 days after the date of
such issuance;
(3) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on collaboration among covered elements of the
intelligence community on their onboarding processes;
(4) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on employment of automated mechanisms in covered
elements of the intelligence community, including for
tracking personnel as they pass through each phase of the
onboarding process; and
(5) not later than December 31, 2020, distribute surveys to
human resources offices and applicants about their
experiences with the onboarding process in covered elements
of the intelligence community.
SEC. 304. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT
EXCHANGE.
(a) Policies, Processes, and Procedures Required.--Not
later than 270 days after the date of the enactment of this
Act, the Director of National Intelligence shall develop
policies, processes, and procedures to facilitate the
rotation of personnel of the intelligence community to the
private sector, and personnel from the private sector to the
intelligence community.
(b) Detail Authority.--Under policies developed by the
Director pursuant to subsection (a), with the agreement of a
private-sector organization, and with the consent of the
employee, a head of an element of the intelligence community
may arrange for the temporary detail of an employee of such
element to such private-sector organization, or from such
private-sector organization to such element under this
section.
(c) Agreements.--
(1) In general.--A head of an element of the intelligence
community exercising the authority of the head under
subsection (a) shall provide for a written agreement among
the element of the intelligence community, the private-sector
organization, and the employee concerned regarding the terms
and conditions of the employee's detail under this section.
The agreement--
(A) shall require that the employee of the element, upon
completion of the detail, serve in the element, or elsewhere
in the civil service if approved by the head of the element,
for a period of at least equal to the length of the detail;
(B) shall provide that if the employee of the element fails
to carry out the agreement, such employee shall be liable to
the United States for payment of all non-salary and benefit
expenses of the detail, unless that failure was for good and
sufficient reason, as determined by the head of the element;
(C) shall contain language informing such employee of the
prohibition on improperly sharing or using non-public
information that such employee may be privy to or aware of
related to element programming, budgeting, resourcing,
acquisition, or procurement for the benefit or advantage of
the private-sector organization; and
(D) shall contain language requiring the employee to
acknowledge the obligations of the employee under section
1905 of title 18, United States Code (relating to trade
secrets).
(2) Amount of liability.--An amount for which an employee
is liable under paragraph (1) shall be treated as a debt due
the United States.
(3) Waiver.--The head of an element of the intelligence
community may waive, in whole or in part, collection of a
debt described in paragraph (2) based on a determination that
the collection would be against equity and good conscience
and not in the best interests of the United States, after
taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith on the part
of the employee.
(d) Termination.--A detail under this section may, at any
time and for any reason, be terminated by the head of the
element of the intelligence community concerned or the
private-sector organization concerned.
(e) Duration.--
(1) In general.--A detail under this section shall be for a
period of not less than 3 months and not more than 2 years,
renewable up to a total of 3 years.
(2) Longer periods.--A detail under this section may be for
a period in excess of 2 years, but not more than 3 years, if
the head of the element making the detail determines that
such detail is necessary to meet critical mission or program
requirements.
(3) Limitation.--No employee of an element of the
intelligence community may be detailed under this section for
more than a total of 5 years, inclusive of all such details.
(f) Status of Federal Employees Detailed to Private-sector
Organizations.--
(1) In general.--An employee of an element of the
intelligence community who is detailed to a private-sector
organization under this section shall be considered, during
the period of detail, to be on a regular work assignment in
the element for all purposes. The written agreement
established under subsection (c)(1) shall address the
specific terms and conditions related to the employee's
continued status as a Federal employee.
(2) Requirements.--In establishing a temporary detail of an
employee of an element of the intelligence community to a
private-sector organization, the head of the element shall--
(A) certify that the temporary detail of such employee
shall not have an adverse or negative impact on mission
attainment or organizational capabilities associated with the
detail; and
(B) in the case of an element of the intelligence community
in the Department of Defense, ensure that the normal duties
and functions of such employees are not, as a result of and
during the course of such temporary detail, performed or
augmented by contractor personnel in violation of the
provisions of section 2461 of title 10, United States Code.
(g) Terms and Conditions for Private-sector Employees.--An
employee of a private-sector organization who is detailed to
an element of the intelligence community under this section--
(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
detailed and shall not receive pay or benefits from the
element, except as provided in paragraph (2);
(2) is deemed to be an employee of the element for the
purposes of--
(A) chapters 73 and 81 of title 5, United States Code;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(C) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(D) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'') and any other
Federal tort liability statute;
(E) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(F) chapter 21 of title 41, United States Code;
(3) may perform work that is considered inherently
governmental in nature only when requested in writing by the
head of the element;
(4) may not be used to circumvent any limitation or
restriction on the size of the workforce of the element;
(5) shall be subject to the same requirements applicable to
an employee performing the same functions and duties proposed
for performance by the private sector employee; and
(6) in the case of an element of the intelligence community
in the Department of Defense, may not be used to circumvent
the provisions of section 2461 of title 10, United States
Code.
(h) Prohibition Against Charging Certain Costs to the
Federal Government.--A private-sector organization may not
charge an element of the intelligence community or any other
agency of the Federal Government, as direct costs under a
Federal contract, the costs of pay or benefits paid by the
organization to an employee detailed to an element of the
intelligence community under this section for the period of
the detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out
this section, the Director, pursuant to procedures developed
under subsection (a)--
(1) shall, to the degree practicable, ensure that small
business concerns are represented with respect to details
authorized by this section;
(2) may, notwithstanding any other provision of law,
establish criteria for elements of the intelligence community
to use appropriated funds to reimburse small business
concerns for the salaries and benefits of its employees
during the periods when the small business concern agrees to
detail its employees to the intelligence community under this
section;
(3) shall take into consideration the question of how
details under this section might best be used to help meet
the needs of the intelligence community, including with
respect to the training of employees;
(4) shall take into consideration areas of private-sector
expertise that are critical to the intelligence community;
and
(5) shall establish oversight mechanisms to determine
whether the public-private exchange authorized by this
section improves the efficiency and effectiveness of the
intelligence community.
(j) Definitions.--In this section:
(1) Detail.--The term ``detail'' means, as appropriate in
the context in which such term is used--
(A) the assignment or loan of an employee of an element of
the intelligence community
[[Page S3545]]
to a private-sector organization without a change of position
from the intelligence community element that employs the
individual; or
(B) the assignment or loan of an employee of a private-
sector organization to an element of the intelligence
community without a change of position from the private-
sector organization that employs the individual.
(2) Private-sector organization.--The term ``private-sector
organization'' means--
(A) a for-profit organization; or
(B) a not-for-profit organization.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section
3703(e)(2) of title 5, United States Code.
SEC. 305. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF
COVERT AGENTS.
Section 605(4) of the National Security Act of 1947 (50
U.S.C. 3126(4)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``, and'' and inserting ``;
or''; and
(C) by striking ``agency--'' and all that follows through
``whose identity'' and inserting ``agency whose identity'';
and
(2) in subparagraph (B)(i), by striking ``resides and acts
outside the United States'' and inserting ``acts''.
SEC. 306. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT
PLANS REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS
IN NATIONAL INTELLIGENCE PROGRAM.
Section 102A(q)(1)(A) of the National Security Act of 1947
(50 U.S.C. 3024(q)(1)(A)) is amended by inserting ``security
risks,'' after ``schedule,''.
SEC. 307. PAID PARENTAL LEAVE.
(a) Purpose.--The purpose of this section is to--
(1) help the intelligence community recruit and retain a
dynamic, multi-talented, and diverse workforce capable of
meeting the security goals of the United States; and
(2) establish best practices and processes for other
elements of the Federal Government seeking to pursue similar
policies.
(b) Authorization of Paid Parental Leave for Intelligence
Community Employees.--
(1) In general.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. PAID PARENTAL LEAVE.
``(a) Paid Parental Leave.--Notwithstanding any other
provision of law, a civilian employee of an element of the
intelligence community shall have available a total of 12
administrative workweeks of paid parental leave in the event
of the birth of a son or daughter to the employee, or
placement of a son or daughter with the employee for adoption
or foster care, and in order to care for such son or
daughter, to be used during the 12-month period beginning on
the date of the birth or placement.
``(b) Treatment of Parental Leave Request.--Notwithstanding
any other provision of law--
``(1) an element of the intelligence community shall
accommodate an employee's leave schedule request under
subsection (a), including a request to use such leave
intermittently or on a reduced leave schedule, to the extent
that the requested leave schedule does not unduly disrupt
agency operations; and
``(2) to the extent that an employee's requested leave
schedule as described in paragraph (1) is based on medical
necessity related to a serious health condition connected to
the birth of a son or daughter, the employing element shall
handle the scheduling consistent with the treatment of
employees who are using leave under subparagraph (C) or (D)
of section 6382(a)(1) of title 5, United States Code.
``(c) Rules Relating to Paid Leave.--Notwithstanding any
other provision of law--
``(1) an employee may not be required to first use all or
any portion of any unpaid leave available to the employee
before being allowed to use the paid parental leave described
in subsection (a); and
``(2) paid parental leave under subsection (a)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing element;
``(B) may not be considered to be annual or vacation leave
for purposes of section 5551 or 5552 of title 5, United
States Code, or for any other purpose;
``(C) if not used by the employee before the end of the 12-
month period described in subsection (a) to which the leave
relates, may not be available for any subsequent use and may
not be converted into a cash payment;
``(D) may be granted only to the extent that the employee
does not receive a total of more than 12 weeks of paid
parental leave in any 12-month period beginning on the date
of a birth or placement;
``(E) may not be granted--
``(i) in excess of a lifetime aggregate total of 30
administrative workweeks based on placements of a foster
child for any individual employee; or
``(ii) in connection with temporary foster care placements
expected to last less than 1 year;
``(F) may not be granted for a child being placed for
foster care or adoption if such leave was previously granted
to the same employee when the same child was placed with the
employee for foster care in the past;
``(G) shall be used in increments of hours (or fractions
thereof), with 12 administrative workweeks equal to 480 hours
for employees with a regular full-time work schedule and
converted to a proportional number of hours for employees
with part-time, seasonal, or uncommon tours of duty; and
``(H) may not be used during off-season (nonpay status)
periods for employees with seasonal work schedules.
``(d) Implementation Plan.--Not later than 1 year after the
date of enactment of this section, the Director of National
Intelligence shall provide the congressional intelligence
committees with an implementation plan that includes--
``(1) processes and procedures for implementing the paid
parental leave policies under subsections (a) through (c);
``(2) an explanation of how the implementation of
subsections (a) through (c) will be reconciled with policies
of other elements of the Federal Government, including the
impact on elements funded by the National Intelligence
Program that are housed within agencies outside the
intelligence community;
``(3) the projected impact of the implementation of
subsections (a) through (c) on the workforce of the
intelligence community, including take rates, retention,
recruiting, and morale, broken down by each element of the
intelligence community; and
``(4) all costs or operational expenses associated with the
implementation of subsections (a) through (c).
``(e) Directive.--Not later than 90 days after the Director
of National Intelligence submits the implementation plan
under subsection (d), the Director of National Intelligence
shall issue a written directive to implement this section,
which directive shall take effect on the date of issuance.
``(f) Annual Report.--The Director of National Intelligence
shall submit to the congressional intelligence committees an
annual report that--
``(1) details the number of employees of each element of
the intelligence community who applied for and took paid
parental leave under subsection (a) during the year covered
by the report; and
``(2) includes updates on major implementation challenges
or costs associated with paid parental leave.
``(g) Definition of Son or Daughter.--For purposes of this
section, the term `son or daughter' has the meaning given the
term in section 6381 of title 5, United States Code.''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 304 the following:
``Sec. 305. Paid parental leave.''.
(c) Applicability.--Section 305 of the National Security
Act of 1947, as added by subsection (b), shall apply with
respect to leave taken in connection with the birth or
placement of a son or daughter that occurs on or after the
date on which the Director of National Intelligence issues
the written directive under subsection (e) of such section
305.
Subtitle B--Office of the Director of National Intelligence
SEC. 311. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN
SECURITY CLEARANCE PROCEDURES AND RIGHT TO
APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at
the end the following:
``(c) Exclusivity.--Except as provided in subsection (b)
and subject to sections 801A and 801B, the procedures
established pursuant to subsection (a) shall be the exclusive
procedures by which decisions about eligibility for access to
classified information are governed.''.
(b) Transparency.--Such section is further amended by
adding at the end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the procedures
established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal Register; and
``(ii) comply with the requirements of subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
[[Page S3546]]
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination,
the head of the agency or any person acting on behalf of the
agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, color, religion, sex, national origin,
age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President,
currently or formerly employed in, detailed to, assigned to,
or issued an authorized conditional offer of employment for a
position that requires access to classified information by an
agency, including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or on
behalf of an agency as determined by the head of the agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Year 2020,
each head of an agency shall, consistent with the interest of
national security, establish and publish in the Federal
Register a process by which a covered person to whom
eligibility for access to classified information was denied
or revoked by the agency can appeal that denial or revocation
within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom eligibility
for access to classified information is denied or revoked by
an agency, the following:
``(i) The head of the agency shall provide the covered
person with a written--
``(I) detailed explanation of the basis for the denial or
revocation as the head of the agency determines is consistent
with the interests of national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the covered person to a
hearing and appeal under this subsection.
``(ii) Not later than 30 days after receiving a request
from the covered person for copies of the documents that
formed the basis of the agency's decision to revoke or deny,
including the investigative file, the head of the agency
shall provide to the covered person copies of such documents
as--
``(I) the head of the agency determines is consistent with
the interests of national security; and
``(II) permitted by other applicable provisions of law,
including--
``(aa) section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act');
``(bb) section 552a of such title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other provisions of law relating to the
protection of confidential sources and privacy of
individuals.
``(iii)(I) The covered person shall have the opportunity to
retain counsel or other representation at the covered
person's expense.
``(II) Upon the request of the covered person, and a
showing that the ability to review classified information is
essential to the resolution of an appeal under this
subsection, counsel or other representation retained under
this clause shall be considered for access to classified
information for the limited purposes of such appeal.
``(iv)(I) The head of the agency shall provide the covered
person an opportunity, at a point in the process determined
by the agency head--
``(aa) to appear personally before an adjudicative or other
authority, other than the investigating entity, and to
present to such authority relevant documents, materials, and
information, including evidence that past problems relating
to the denial or revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine witnesses before such
authority, unless the head of the agency determines that
calling and cross-examining witnesses is not consistent with
the interests of national security.
``(II) The head of the agency shall make, as part of the
security record of the covered person, a written summary,
transcript, or recording of any appearance under item (aa) of
subclause (I) or calling or cross-examining of witnesses
under item (bb) of such subclause.
``(v) On or before the date that is 30 days after the date
on which the covered person receives copies of documents
under clause (ii), the covered person may request a hearing
of the decision to deny or revoke by filing a written appeal
with the head of the agency.
``(B) A requirement that each review of a decision under
this subsection is completed on average not later than 180
days after the date on which a hearing is requested under
subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall establish a
panel to hear and review appeals under this subsection.
``(B) Membership.--
``(i) Composition.--Each panel established by the head of
an agency under subparagraph (A) shall be composed of at
least three employees of the agency selected by the head, two
of whom shall not be members of the security field.
``(ii) Terms.--A term of service on a panel established by
the head of an agency under subparagraph (A) shall not exceed
2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel established under
subparagraph (A) shall be in writing and contain a
justification of the decision.
``(ii) Consistency.--Each head of an agency that
establishes a panel under subparagraph (A) shall ensure that
each decision of the panel is consistent with the interests
of national security and applicable provisions of law.
``(iii) Overturn.--The head of an agency may overturn a
decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the agency head
personally exercises the authority granted by this clause to
overturn such decision.
``(iv) Finality.--Each decision of a panel established
under subparagraph (A) or overturned pursuant to clause (iii)
of this subparagraph shall be final but subject to appeal and
review under subsection (c).
``(D) Access to classified information.--The head of an
agency that establishes a panel under subparagraph (A) shall
afford access to classified information to the members of the
panel as the head determines--
``(i) necessary for the panel to hear and review an appeal
under this subsection; and
``(ii) consistent with the interests of national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall ensure
that, under this subsection, a covered person appealing a
decision of the head's agency under this subsection has an
opportunity to retain counsel or other representation at the
covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a covered person
appealing a decision of an agency under this subsection and a
showing that the ability to review classified information is
essential to the resolution of the appeal under this
subsection, the head of the agency shall sponsor an
application by the counsel or other representation retained
under this paragraph for access to classified information for
the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Corrective action.--
``(A) In general.--If, in the course of proceedings under
this subsection, the head of an agency or a panel established
by the head under paragraph (3) decides that a covered
person's eligibility for access to classified information was
improperly denied or revoked by the agency, the agency shall
take corrective action to return the covered person, as
nearly as practicable and reasonable, to the position such
covered person would have held had the improper denial or
revocation not occurred.
``(B) Compensation.--Corrective action under subparagraph
(A) may include compensation, in an amount not to exceed
$300,000, for any loss of wages or benefits suffered, or
expenses otherwise incurred, by reason of such improper
denial or revocation.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall publish
each final decision on an appeal under this subsection.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and
[[Page S3547]]
meaningful information for those who need to understand how
the clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after the
date of the enactment of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Year
2020, the Security Executive Agent shall establish a panel to
review decisions made on appeals pursuant to the processes
established under subsection (b).
``(B) Scope of review and jurisdiction.--After initial
review to verify grounds for appeal, the panel established
under subparagraph (A) shall review such decisions only--
``(i) as they relate to violations of section 801A(b); or
``(ii) to the extent to which an agency properly conducted
a review of an appeal under subsection (b).
``(C) Composition.--The panel established pursuant to
subparagraph (A) shall be composed of three individuals
selected by the Security Executive Agent for purposes of the
panel, of whom at least one shall be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date that is 30 days
after the date on which a covered person receives a written
decision on an appeal under subsection (b), the covered
person may initiate oversight of that decision by filing a
written appeal with the Security Executive Agent.
``(ii) Filing.--A written appeal filed under clause (i)
relating to a decision of an agency shall be filed in such
form, in such manner, and containing such information as the
Security Executive Agent may require, including--
``(I) a description of--
``(aa) any alleged violations of section 801A(b) relating
to the denial or revocation of the covered person's
eligibility for access to classified information; and
``(bb) any allegations of how the decision may have been
the result of the agency failing to properly conduct a review
under subsection (b); and
``(II) supporting materials and information for the
allegations described under subclause (I).
``(B) Timeliness.--The Security Executive Agent shall
ensure that, on average, review of each appeal filed under
this subsection is completed not later than 180 days after
the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing under
this subsection a decision of an agency under subsection (b),
the panel established under paragraph (1) decides that there
is sufficient evidence of a violation of section 801A(b) to
merit a new hearing or decides that the decision of the
agency was the result of an improperly conducted review under
subsection (b), the panel shall vacate the decision made
under subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the panel
established under paragraph (1) shall be in writing and
contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1) shall
ensure that each decision of the panel is consistent with the
interests of national security and applicable provisions of
law.
``(D) Finality.--
``(i) In general.--Except as provided in clause (ii), each
decision of the panel established under paragraph (1) shall
be final.
``(ii) Overturn.--The Security Executive Agent may overturn
a decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the Security
Executive Agent personally exercises the authority granted by
this clause to overturn such decision.
``(E) Nature of remands.--In remanding a decision under
subparagraph (A), the panel established under paragraph (1)
may not direct the outcome of any further appeal under
subsection (b).
``(F) Notice of decisions.--For each decision of the panel
established under paragraph (1) regarding a covered person,
the Security Executive Agent shall provide the covered person
with a written notice of the decision that includes a
detailed description of the reasons for the decision,
consistent with the interests of national security and
applicable provisions of law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent shall
ensure that, under this subsection, a covered person
appealing a decision under subsection (b) has an opportunity
to retain counsel or other representation at the covered
person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the covered person
and a showing that the ability to review classified
information is essential to the resolution of an appeal under
this subsection, the Security Executive Agent shall sponsor
an application by the counsel or other representation
retained under this paragraph for access to classified
information for the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The Security
Executive Agent shall afford access to classified information
to the members of the panel established under paragraph
(1)(A) as the Security Executive Agent determines--
``(i) necessary for the panel to review a decision
described in such paragraph; and
``(ii) consistent with the interests of national security.
``(B) Agency compliance with requests of panel.--Each head
of an agency shall comply with each request by the panel for
a document and each request by the panel for access to
employees of the agency necessary for the review of an appeal
under this subsection, to the degree that doing so is, as
determined by the head of the agency and permitted by
applicable provisions of law, consistent with the interests
of national security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an appeal
under this subsection, the head of the agency with respect to
which the appeal pertains and the Security Executive Agent
shall each publish the decision, consistent with the
interests of national security.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for
access to classified information shall retain all rights to
appeal under this section until the conclusion of the appeal
process under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily waive
the covered person's right to appeal under this section and
such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not require a
covered person to waive the covered person's right to appeal
under this section for any reason.
``(e) Waiver of Availability of Procedures for National
Security Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under this section cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (1) that a procedure
established under this section cannot be made available to a
covered person, the head shall, not later than 30 days after
the date on which the head makes such determination, submit
to the Security Executive Agent and to the congressional
intelligence committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (1) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (1), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(f) Denials and Revocations Under Other Provisions of
Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power
of the head of an agency to deny or revoke eligibility for
access to classified information in the interest of national
security.
[[Page S3548]]
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information pursuant to any other provision of law or
Executive order may be exercised only when the head of an
agency determines that an applicable process established
under this section cannot be invoked in a manner that is
consistent with national security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (2) that determination
relating to a denial or revocation of eligibility for access
to classified information could not be made pursuant to a
process established under this section, the head shall, not
later than 30 days after the date on which the head makes
such determination under paragraph (2), submit to the
Security Executive Agent and to the congressional
intelligence committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (2) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (2), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code
of Federal Regulations, or successor regulation, for the
purpose of denying a covered person the review proceedings of
this section where there has been a denial or revocation of
eligibility for access to classified information.
``(h) Preservation of Roles and Responsibilities Under
Executive Order 10865 and of the Defense Office of Hearings
and Appeals.--Nothing in this section shall be construed to
diminish or otherwise affect the procedures in effect on the
day before the date of the enactment of this Act for denial
and revocation procedures provided to individuals by
Executive Order 10865 (50 U.S.C. 3161 note; relating to
safeguarding classified information within industry), or
successor order, including those administered through the
Defense Office of Hearings and Appeals of the Department of
Defense under Department of Defense Directive 5220.6, or
successor directive.
``(i) Rule of Construction Relating to Certain Other
Provisions of Law.--This section and the processes and
procedures established under this section shall not be
construed to apply to paragraphs (6) and (7) of section
3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002), as amended by subsection (c), is
further amended by inserting after the item relating to
section 801A the following:
``Sec. 801B. Right to appeal.''.
SEC. 312. LIMITATION ON TRANSFER OF NATIONAL INTELLIGENCE
UNIVERSITY.
(a) Limitation.--Neither the Secretary of Defense nor the
Director of National Intelligence may commence any activity
to transfer the National Intelligence University out of the
Defense Intelligence Agency until the Secretary and the
Director jointly certify each of the following:
(1) The National Intelligence University has positively
adjudicated its warning from the Middle States Commission on
Higher Education and had its regional accreditation fully
restored.
(2) The National Intelligence University will serve as the
exclusive means by which advanced intelligence education is
provided to personnel of the Department of Defense.
(3) Military personnel will receive joint professional
military education from a National Intelligence University
location at a non-Department of Defense agency.
(4) The Department of Education will allow the Office of
the Director of National Intelligence to grant advanced
educational degrees.
(5) A governance model jointly led by the Director and the
Secretary of Defense is in place for the National
Intelligence University.
(b) Cost Estimates.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate; and
(C) the Committee on Armed Services of the House of
Representatives.
(2) In general.--Before commencing any activity to transfer
the National Intelligence University out of the Defense
Intelligence Agency, the Secretary of Defense and the
Director of National Intelligence shall jointly submit to the
appropriate committees of Congress an estimate of the direct
and indirect costs of operating the National Intelligence
University and the costs of transferring the National
Intelligence University to another agency.
(3) Contents.--The estimate submitted under paragraph (2)
shall include all indirect costs, including with respect to
human resources, security, facilities, and information
technology.
SEC. 313. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE
PROCESS.
(a) Definition of Security Executive Agent.--In this
section, the term ``Security Executive Agent'' means the
officer serving as the Security Executive Agent pursuant to
section 803 of the National Security Act of 1947, as added by
section 605 of division B.
(b) Policy Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall issue a policy that requires the head of each Federal
agency to create, not later than December 31, 2023, an
electronic portal that can be used by human resources
personnel and applicants for security clearances to view
information about the status of an application for a security
clearance and the average time required for each phase of the
security clearance process.
SEC. 314. MAKING CERTAIN POLICIES AND EXECUTION PLANS
RELATING TO PERSONNEL CLEARANCES AVAILABLE TO
INDUSTRY PARTNERS.
(a) Definitions.--In this section:
(1) Appropriate industry partner.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee
(as defined in section 101(a) of Executive Order 12829 (50
U.S.C. 3161 note; relating to National Industrial Security
Program), as in effect on the day before the date of the
enactment of this Act) that is participating in the National
Industrial Security Program established by such Executive
Order.
(2) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 605 of division B.
(b) Sharing of Policies and Plans Required.--Each head of a
Federal agency shall share policies and plans relating to
security clearances with appropriate industry partners
directly affected by such policies and plans in a manner
consistent with the protection of national security as well
as the goals and objectives of the National Industrial
Security Program administered pursuant to Executive Order
12829 (50 U.S.C. 3161 note; relating to the National
Industrial Security Program).
(c) Development of Policies and Procedures Required.--Not
later than 90 days after the date of the enactment of this
Act, the Security Executive Agent and the Director of the
National Industrial Security Program shall jointly develop
policies and procedures by which appropriate industry
partners with proper security clearances and a need to know
can have appropriate access to the policies and plans shared
pursuant to subsection (b) that directly affect those
industry partners.
Subtitle C--Inspector General of the Intelligence Community
SEC. 321. DEFINITIONS.
In this subtitle:
(1) Whistleblower.--The term ``whistleblower'' means a
person who makes a whistleblower disclosure.
(2) Whistleblower disclosure.--The term ``whistleblower
disclosure'' means a disclosure that is protected under
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234) or section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).
SEC. 322. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
(a) Authority to Convene External Review Panels.--
(1) In general.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1105. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
``(a) Request for Review.--An individual with a claim
described in subsection (b) may submit to the Inspector
General of the Intelligence Community a request for a review
of such claim by an external review panel convened under
subsection (c).
``(b) Claims and Individuals Described.--A claim described
in this subsection is any--
``(1) claim by an individual--
``(A) that the individual has been subjected to a personnel
action that is prohibited under section 1104; and
``(B) who has exhausted the applicable review process for
the claim pursuant to enforcement of such section; or
``(2) claim by an individual--
``(A) that he or she has been subjected to a reprisal
prohibited by paragraph (1) of section 3001(j) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)); and
``(B) who received a decision on an appeal regarding that
claim under paragraph (4) of such section.
``(c) External Review Panel Convened.--
``(1) Discretion to convene.--Upon receipt of a request
under subsection (a) regarding a claim, the Inspector General
of the Intelligence Community may, at the discretion of
[[Page S3549]]
the Inspector General, convene an external review panel under
this subsection to review the claim.
``(2) Membership.--
``(A) Composition.--An external review panel convened under
this subsection shall be composed of three members as
follows:
``(i) The Inspector General of the Intelligence Community.
``(ii) Except as provided in subparagraph (B), two members
selected by the Inspector General as the Inspector General
considers appropriate on a case-by-case basis from among
inspectors general of the following:
``(I) The Department of Defense.
``(II) The Department of Energy.
``(III) The Department of Homeland Security.
``(IV) The Department of Justice.
``(V) The Department of State.
``(VI) The Department of the Treasury.
``(VII) The Central Intelligence Agency.
``(VIII) The Defense Intelligence Agency.
``(IX) The National Geospatial-Intelligence Agency.
``(X) The National Reconnaissance Office.
``(XI) The National Security Agency.
``(B) Limitation.--An inspector general of an agency may
not be selected to sit on the panel under subparagraph
(A)(ii) to review any matter relating to a decision made by
such agency.
``(C) Chairperson.--
``(i) In general.--Except as provided in clause (ii), the
chairperson of any panel convened under this subsection shall
be the Inspector General of the Intelligence Community.
``(ii) Conflicts of interest.--If the Inspector General of
the Intelligence Community finds cause to recuse himself or
herself from a panel convened under this subsection, the
Inspector General of the Intelligence Community shall--
``(I) select a chairperson from inspectors general of the
elements listed under subparagraph (A)(ii) whom the Inspector
General of the Intelligence Community considers appropriate;
and
``(II) notify the congressional intelligence committees of
such selection.
``(3) Period of review.--Each external review panel
convened under this subsection to review a claim shall
complete review of the claim no later than 270 days after the
date on which the Inspector General convenes the external
review panel.
``(d) Remedies.--
``(1) Panel recommendations.--If an external review panel
convened under subsection (c) determines, pursuant to a
review of a claim submitted by an individual under subsection
(a), that the individual was the subject of a personnel
action prohibited under section 1104 or was subjected to a
reprisal prohibited by section 3001(j)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)), the panel may recommend that the agency head
take corrective action--
``(A) in the case of an employee or former employee--
``(i) to return the employee or former employee, as nearly
as practicable and reasonable, to the position such employee
or former employee would have held had the reprisal not
occurred; or
``(ii) reconsider the employee's or former employee's
eligibility for access to classified information consistent
with national security; or
``(B) in any other case, such other action as the external
review panel considers appropriate.
``(2) Agency action.--
``(A) In general.--Not later than 90 days after the date on
which the head of an agency receives a recommendation from an
external review panel under paragraph (1), the head shall--
``(i) give full consideration to such recommendation; and
``(ii) inform the panel and the Director of National
Intelligence of what action the head has taken with respect
to the recommendation.
``(B) Failure to inform.--The Director shall notify the
President of any failures to comply with subparagraph
(A)(ii).
``(e) Annual Reports.--
``(1) In general.--Not less frequently than once each year,
the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees and the
Director of National Intelligence a report on the activities
under this section during the previous year.
``(2) Contents.--Subject to such limitations as the
Inspector General of the Intelligence Community considers
necessary to protect the privacy of an individual who has
made a claim described in subsection (b), each report
submitted under paragraph (1) shall include, for the period
covered by the report, the following:
``(A) The determinations and recommendations made by the
external review panels convened under this section.
``(B) The responses of the heads of agencies that received
recommendations from the external review panels.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by adding at the end the following new item:
``Sec. 1105. Inspector General external review panel.''.
(b) Recommendation on Addressing Whistleblower Appeals
Relating to Reprisal Complaints Against Inspectors General.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a recommendation on how to ensure
that--
(A) a whistleblower in the intelligence community who has a
complaint against an inspector general in the intelligence
community and who alleges a reprisal, has available the
agency adjudication and appellate review provided under
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234); and
(B) any such whistleblower who has exhausted the applicable
review process may request an external review panel and
receive one, at the discretion of the Inspector General of
the Intelligence Community.
(2) Contents.--The recommendation submitted pursuant to
paragraph (1) shall include the following:
(A) A discussion of whether and to what degree section 1105
of the National Security Act of 1947, as added by subsection
(a)(1), provides appropriate authorities and mechanisms to
provide an external review panel as described in paragraph
(1) of this subsection and for the purposes described in such
paragraph.
(B) Such recommendations for legislative or administrative
action as the Inspector General may have with respect to
providing an external review panel as described in paragraph
(1) and for the purposes described in such paragraph.
SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND
PROCEDURES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in coordination with the Intelligence
Community Inspectors General Forum, shall develop
recommendations, applicable to all inspectors general of
elements of the intelligence community, regarding the
harmonization of instructions, policies, and directives
relating to processes, procedures, and timelines for claims
and appeals relating to allegations of personnel actions
prohibited under section 1104 of the National Security Act of
1947 or reprisals prohibited by section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).
(b) Transparency and Protection.--In developing
recommendations under subsection (a), the Inspector General
of the Intelligence Community shall make efforts to maximize
transparency and protect whistleblowers.
SEC. 324. INTELLIGENCE COMMUNITY OVERSIGHT OF AGENCY
WHISTLEBLOWER ACTIONS.
(a) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in consultation with the Intelligence
Community Inspectors General Forum, shall complete a
feasibility study on establishing a hotline whereby all
complaints of whistleblowers relating to the intelligence
community are automatically referred to the Inspector General
of the Intelligence Community.
(2) Elements.--The feasibility study conducted pursuant to
paragraph (1) shall include the following:
(A) The anticipated number of annual whistleblower
complaints received by all elements of the intelligence
community.
(B) The additional resources required to implement the
hotline, including personnel and technology.
(C) The resulting budgetary effects.
(D) Findings from the system established pursuant to
subsection (b).
(b) Oversight System Required.--Not later than 180 days
after the date of the enactment of this Act, the Inspector
General of the Intelligence Community shall establish a
system whereby the Inspector General is provided, in near
real time, the following:
(1) All information relating to complaints by
whistleblowers relating to the programs and activities under
the jurisdiction of the Director of National Intelligence.
(2) Any inspector general actions relating to such
complaints.
(c) Privacy Protections.--
(1) Policies and procedures required.--Before establishing
the system required by subsection (b), the Inspector General
of the Intelligence Community shall establish policies and
procedures to protect the privacy of whistleblowers and
protect against further dissemination of whistleblower
information without consent of the whistleblower.
(2) Control of distribution.--The system established under
subsection (b) shall provide whistleblowers the option of
prohibiting distribution of their complaints to the Inspector
General of the Intelligence Community.
SEC. 325. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report on access to cleared
attorneys by whistleblowers in the intelligence community.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:
(1) The number of whistleblowers in the intelligence
community who sought to retain a cleared attorney and at what
stage they sought such an attorney.
(2) For the 3-year period preceding the report, the
following:
(A) The number of limited security agreements (LSAs).
[[Page S3550]]
(B) The scope and clearance levels of such limited security
agreements.
(C) The number of whistleblowers represented by cleared
counsel.
(3) Recommendations for legislative or administrative
action to ensure that whistleblowers in the intelligence
community have access to cleared attorneys, including
improvements to the limited security agreement process and
such other options as the Inspector General of the
Intelligence Community considers appropriate.
(c) Survey.--The Inspector General of the Intelligence
Community shall ensure that the report submitted under
subsection (a) is based on--
(1) data from a survey of whistleblowers whose claims are
reported to the Inspector General of the Intelligence
Community by means of the oversight system established
pursuant to section 324;
(2) information obtained from the inspectors general of the
intelligence community; or
(3) information from such other sources as may be
identified by the Inspector General of the Intelligence
Community.
TITLE IV--REPORTS AND OTHER MATTERS
SEC. 401. STUDY ON FOREIGN EMPLOYMENT OF FORMER PERSONNEL OF
INTELLIGENCE COMMUNITY.
(a) Study.--The Director of National Intelligence, in
coordination with the Secretary of Defense and the Secretary
of State, shall conduct a study of matters relating to the
foreign employment of former personnel of the intelligence
community.
(b) Elements.--The study conducted pursuant to subsection
(a) shall address the following:
(1) Issues that pertain to former employees of the
intelligence community working with, or in support of,
foreign governments, and the nature and scope of those
concerns.
(2) Such legislative or administrative action as may be
necessary for both front-end screening and in-progress
oversight by the Director of Defense Trade Controls of
licenses issued by the Director for former employees of the
intelligence community working for foreign governments.
(3) How increased requirements could be imposed for
periodic compliance reporting when licenses are granted for
companies or organizations that employ former personnel of
the intelligence community to execute contracts with foreign
governments.
(c) Report and Plan.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress--
(A) a report on the findings of the Director with respect
to the study conducted pursuant to subsection (a); and
(B) a plan to carry out such administrative actions as the
Director considers appropriate pursuant to the findings
described in subparagraph (A).
SEC. 402. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN
KEY UNITED STATES TECHNOLOGIES BY COMPANIES OR
ORGANIZATIONS LINKED TO CHINA.
(a) Assessment Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
National Counterintelligence and Security Center, the
Director of the Federal Bureau of Investigation, the Director
of the Central Intelligence Agency, the Secretary of the
Treasury, and the heads of such other Federal agencies as the
Director of National Intelligence considers appropriate,
shall submit to the congressional intelligence committees a
comprehensive economic assessment of investment in key United
States technologies, including emerging technologies, by
companies or organizations linked to China, including the
implications of these investments for the national security
of the United States.
(b) Form of Assessment.--The assessment submitted under
subsection (a) shall be submitted in unclassified form, but
may include a classified annex.
SEC. 403. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR
INITIATIVES OF INTELLIGENCE COMMUNITY IN
ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.
(a) Analysis.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with the heads of such
elements of the intelligence community as the Director
considers appropriate--
(A) complete a comprehensive analysis of the major
initiatives of the intelligence community in artificial
intelligence and machine learning; and
(B) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
analysis conducted pursuant to subparagraph (A).
(2) Elements.--The analysis conducted under paragraph
(1)(A) shall include analyses of how the initiatives
described in such paragraph--
(A) correspond with the strategy of the intelligence
community entitled ``Augmenting Intelligence Using
Machines'';
(B) complement each other and avoid unnecessary
duplication;
(C) are coordinated with the efforts of the Defense
Department on artificial intelligence, including efforts at
the Joint Artificial Intelligence Center (JAIC) and Project
Maven; and
(D) leverage advances in artificial intelligence and
machine learning in the private sector.
(b) Periodic Briefings.--Not later than 30 days after the
date of the enactment of this Act, not less frequently than
twice each year thereafter until the date that is 2 years
after the date of the enactment of this Act, and not less
frequently than once each year thereafter until the date that
is 7 years after the date of the enactment of this Act, the
Director and the Chief Information Officer of the Department
of Defense shall jointly provide to the congressional
intelligence committees and congressional defense committees
(as defined in section 101 of title 10, United States Code)
briefings with updates on activities relating to, and the
progress of, their respective artificial intelligence and
machine learning initiatives, particularly the Augmenting
Intelligence Using Machines initiative and the Joint
Artificial Intelligence Center.
SEC. 404. ENCOURAGING COOPERATIVE ACTIONS TO DETECT AND
COUNTER FOREIGN INFLUENCE OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, through military intelligence
units, also known as the ``GRU'', and Kremlin-linked troll
organizations often referred to as the ``Internet Research
Agency'', deploy information warfare operations against the
United States, its allies and partners, with the goal of
advancing the strategic interests of the Russian Federation.
(2) One line of effort deployed as part of these
information warfare operations is the weaponization of social
media platforms with the goals of intensifying societal
tensions, undermining trust in governmental institutions
within the United States, its allies and partners in the
West, and generally sowing division, fear, and confusion.
(3) These information warfare operations are a threat to
the national security of the United States and that of the
allies and partners of the United States. As Director of
National Intelligence Dan Coats stated, ``These actions are
persistent, they are pervasive and they are meant to
undermine America's democracy.''.
(4) These information warfare operations continue to evolve
and increase in sophistication.
(5) Other foreign adversaries and hostile non-state actors
will increasingly adopt similar tactics of deploying
information warfare operations against the West.
(6) Technological advances, including artificial
intelligence, will only make it more difficult in the future
to detect fraudulent accounts, deceptive material posted on
social media, and malign behavior on social media platforms.
(7) Because these information warfare operations are
deployed within and across private social media platforms,
the companies that own these platforms have a responsibility
to detect and remove foreign adversary networks operating
clandestinely on their platforms.
(8) The social media companies are inherently
technologically sophisticated and adept at rapidly analyzing
large amounts of data and developing software-based solutions
to diverse and ever-changing challenges on their platforms,
which makes them well-equipped to address the threat
occurring on their platforms.
(9) Independent analyses confirmed Kremlin-linked threat
networks, based on data provided by several social media
companies to the Select Committee on Intelligence of the
Senate, thereby demonstrating that it is possible to discern
both broad patterns of cross-platform information warfare
operations and specific fraudulent behavior on social media
platforms.
(10) General Paul Nakasone, Director of the National
Security Agency, emphasized the importance of these
independent analyses to the planning and conduct of military
cyber operations to frustrate Kremlin-linked information
warfare operations against the 2018 mid-term elections.
General Nakasone stated that the reports ``were very, very
helpful in terms of being able to understand exactly what our
adversary was trying to do to build dissent within our
nation.''.
(11) Institutionalizing ongoing robust, independent, and
vigorous analysis of data related to foreign threat networks
within and across social media platforms will help counter
ongoing information warfare operations against the United
States, its allies, and its partners.
(12) Archiving and disclosing to the public the results of
these analyses by the social media companies and trusted
third-party experts in a transparent manner will serve to
demonstrate that the social media companies are detecting and
removing foreign malign activities from their platforms while
protecting the privacy of the people of the
[[Page S3551]]
United States and will build public understanding of the
scale and scope of these foreign threats to our democracy,
since exposure is one of the most effective means to build
resilience.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the social media companies should cooperate among
themselves and with independent organizations and researchers
on a sustained and regular basis to share and analyze data
and indicators relevant to foreign information warfare
operations within and across their platforms in order to
detect and counter foreign information warfare operations
that threaten the national security of the United States and
its allies and partners;
(2) these analytic efforts should be organized in such a
fashion as to meet the highest standards of ethics,
confidentiality, and privacy protection of the people of the
United States;
(3) these analytic efforts should be undertaken as soon as
possible to facilitate countering ongoing Kremlin, Kremlin-
linked, and other foreign information warfare operations and
to aid in preparations for the United States presidential and
congressional elections in 2020 and beyond;
(4) the structure and operations of social media companies
make them well positioned to address foreign adversary threat
networks within and across their platforms, and these efforts
could be conducted without direct Government involvement,
direction, or regulation; and
(5) if the social media industry fails to take sufficient
action to address foreign adversary threat networks operating
within or across their platforms, Congress would have to
consider additional safeguards for ensuring that this threat
is effectively mitigated.
(c) Authority to Facilitate Establishment of Social Media
Data Analysis Center.--
(1) Authority.--The Director of National Intelligence, in
coordination with the Secretary of Defense, may facilitate,
by grant or contract or under an existing authority of the
Director, the establishment of a Social Media Data Analysis
Center with the functions described in paragraph (2) at an
independent, nonprofit organization.
(2) Functions.--The functions described in this paragraph
are the following:
(A) Acting as a convening and sponsoring authority for
cooperative social media data analysis of foreign threat
networks involving social media companies and third-party
experts, nongovernmental organizations, data journalists,
federally funded research and development centers, and
academic researchers.
(B) Facilitating analysis within and across the individual
social media platforms for the purpose of detecting,
exposing, and countering clandestine foreign influence
operations and related unlawful activities that fund or
subsidize such operations.
(C) Developing processes to share information from
government entities on foreign influence operations with the
individual social media companies to inform threat analysis,
and working with the Office of the Director of National
Intelligence as appropriate.
(D) Determining and making public criteria for identifying
which companies, organizations, or researchers qualify for
inclusion in the activities of the Center, and inviting
entities that fit the criteria to join.
(E) Determining jointly with the social media companies
what data and metadata related to indicators of foreign
adversary threat networks from their platforms and business
operations will be made available for access and analysis.
(F) Developing and making public the criteria and standards
that must be met for companies, other organizations, and
individual researchers to access and analyze data relating to
foreign adversary threat networks within and across social
media platforms and publish or otherwise use the results.
(G) Developing and making public the ethical standards for
investigation of foreign threat networks and use of analytic
results and for protection of the privacy of the customers
and users of the social media platforms and of the
proprietary information of the social media companies.
(H) Developing technical, contractual, and procedural
controls to prevent misuse of data, including any necessary
auditing procedures, compliance checks, and review
mechanisms.
(I) Developing and making public criteria and conditions
under which the Center shall share information with the
appropriate Government agencies regarding threats to national
security from, or violations of the law involving, foreign
activities on social media platforms.
(J) Developing a searchable, public archive aggregating
information related to foreign influence and disinformation
operations to build a collective understanding of the threats
and facilitate future examination consistent with privacy
protections.
(d) Reporting and Notifications.--If the Director of
National Intelligence chooses to use funds under subsection
(c)(1) to facilitate the establishment of the Center, the
Director of the Center shall--
(1) not later than March 1, 2020, submit to Congress a
report on--
(A) the estimated funding needs of the Center for fiscal
year 2021 and for subsequent years;
(B) such statutory protections from liability as the
Director considers necessary for the Center, participating
social media companies, and participating third-party
analytical participants;
(C) such statutory penalties as the Director considers
necessary to ensure against misuse of data by researchers;
and
(D) such changes to the Center's mission to fully capture
broader unlawful activities that intersect with, complement,
or support information warfare tactics; and
(2) not less frequently than once each year, submit to the
Director of National Intelligence, the Secretary of Defense,
and the appropriate congressional committees a report--
(A) that assesses--
(i) degree of cooperation and commitment from the social
media companies to the mission of the Center; and
(ii) effectiveness of the Center in detecting and removing
clandestine foreign information warfare operations from
social media platforms; and
(B) includes such recommendations for legislative or
administrative action as the Center considers appropriate to
carry out the functions of the Center.
(e) Periodic Reporting to the Public.--The Director of the
Center shall--
(1) once each quarter, make available to the public a
report on key trends in foreign influence and disinformation
operations, including any threats to campaigns and elections,
to inform the public of the United States; and
(2) as the Director considers necessary, provide more
timely assessments relating to ongoing disinformation
campaigns.
(f) Funding.--Of the amounts appropriated or otherwise made
available to the National Intelligence Program (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) in fiscal year 2020 and 2021, the Director of National
Intelligence may use up to $30,000,000 to carry out this
section.
(g) Definition of Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Select Committee on Intelligence of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on Foreign Affairs of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives; and
(10) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 405. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA.
(a) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means an
institution described in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002) that receives Federal funds in
any amount and for any purpose.
(2) Sensitive research subject.--The term ``sensitive
research subject'' means a subject of research that is
carried out at a covered institution of higher education that
receives funds that were appropriated for--
(A) the National Intelligence Program; or
(B) any Federal agency the Director of National
Intelligence deems appropriate.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence, in consultation with such elements of the
intelligence community as the Director considers appropriate
and consistent with the privacy protections afforded to
United States persons, shall submit to congressional
intelligence committees a report on risks to sensitive
research subjects posed by foreign entities in order to
provide Congress and covered institutions of higher education
with more complete information on these risks and to help
ensure academic freedom.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) A list of sensitive research subjects that could affect
national security.
(2) A list of foreign entities, including governments,
corporations, nonprofit organizations and for-profit
organizations, and any subsidiary or affiliate of such an
entity, that the Director determines pose a
counterintelligence, espionage (including economic
espionage), or other national security threats with respect
to sensitive research subjects.
(3) A list of any known or suspected attempts by foreign
entities to exert pressure on covered institutions of higher
education, including attempts to limit freedom of speech,
propagate misinformation or disinformation, or to influence
professors, researchers, or students.
(4) Recommendations for collaboration between covered
institutions of higher education and the intelligence
community to mitigate threats to sensitive research subjects
associated with foreign influence in academia, including any
necessary legislative or administrative action.
(d) Congressional Notifications Required.--Not later than
30 days after the date on which the Director identifies a
change to either list described in paragraph
[[Page S3552]]
(1) or (2) of subsection (c), the Director shall notify the
congressional intelligence committees of the change.
SEC. 406. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON FIFTH-
GENERATION WIRELESS NETWORK TECHNOLOGY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on--
(1) the threat to United States national security posed by
the global and regional adoption of fifth-generation (5G)
wireless network technology built by foreign companies; and
(2) the effect of possible efforts to mitigate the threat.
(b) Contents.--The report required by subsection (a) shall
include:
(1) The timeline and scale of global and regional adoption
of foreign fifth-generation wireless network technology.
(2) The implications of such global and regional adoption
on the cyber and espionage threat to the United States and
United States interests as well as to United States cyber and
collection capabilities.
(3) The effect of possible mitigation efforts, including:
(A) United States Government policy promoting the use of
strong, end-to-end encryption for data transmitted over
fifth-generation wireless networks.
(B) United States Government policy promoting or funding
free, open-source implementation of fifth-generation wireless
network technology.
(C) United States Government subsidies or incentives that
could be used to promote the adoption of secure fifth-
generation wireless network technology developed by companies
of the United States or companies of allies of the United
States.
(D) United States Government strategy to reduce foreign
influence and political pressure in international standard-
setting bodies.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form to the greatest extent
practicable, but may include a classified appendix if
necessary.
SEC. 407. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED
STATES ON CYBERSECURITY AND SURVEILLANCE
THREATS TO CONGRESS.
(a) Annual Report Required.--Not later than 180 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Comptroller General of
the United States shall submit to the congressional
intelligence committees a report on cybersecurity and
surveillance threats to Congress.
(b) Statistics.--Each report submitted under subsection (a)
shall include statistics on cyber attacks and other incidents
of espionage or surveillance targeted against Senators or the
immediate families or staff of the Senators, in which the
nonpublic communications and other private information of
such targeted individuals were lost, stolen, or otherwise
subject to unauthorized access by criminals or a foreign
government.
(c) Consultation.--In preparing a report to be submitted
under subsection (a), the Comptroller General shall consult
with the Director of National Intelligence, the Secretary of
Homeland Security, and the Sergeant at Arms and Doorkeeper of
the Senate.
SEC. 408. DIRECTOR OF NATIONAL INTELLIGENCE ASSESSMENTS OF
FOREIGN INTERFERENCE IN ELECTIONS.
(a) Assessments Required.--Not later than 45 days after the
conclusion of a United States election, the Director of
National Intelligence, in consultation with the heads of such
other executive departments and agencies as the Director
considers appropriate, shall--
(1) conduct an assessment of any information indicating
that a foreign government, or any person acting as an agent
of or on behalf of a foreign government, has acted with the
intent or purpose of interfering in that election; and
(2) transmit the findings of the Director with respect to
the assessment conducted under paragraph (1), along with such
supporting information as the Director considers appropriate,
to the following:
(A) The President.
(B) The Secretary of State.
(C) The Secretary of the Treasury.
(D) The Secretary of Defense.
(E) The Attorney General.
(F) The Secretary of Homeland Security.
(G) Congress.
(b) Elements.--An assessment conducted under subsection
(a)(1), with respect to an act described in such subsection,
shall identify, to the maximum extent ascertainable, the
following:
(1) The nature of any foreign interference and any methods
employed to execute the act.
(2) The persons involved.
(3) The foreign government or governments that authorized,
directed, sponsored, or supported the act.
(c) Publication.--In a case in which the Director conducts
an assessment under subsection (a)(1) with respect to an
election, the Director shall, as soon as practicable after
the date of the conclusion of such election and not later
than 60 days after the date of such conclusion, make
available to the public, to the greatest extent possible
consistent with the protection of sources and methods, the
findings transmitted under subsection (a)(2).
SEC. 409. STUDY ON FEASIBILITY AND ADVISABILITY OF
ESTABLISHING GEOSPATIAL-INTELLIGENCE MUSEUM AND
LEARNING CENTER.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency shall complete a study on the
feasibility and advisability of establishing a Geospatial-
Intelligence Museum and learning center.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) Identifying the costs, opportunities, and challenges of
establishing the museum and learning center as described in
such subsection.
(2) Developing recommendations concerning such
establishment.
(3) Identifying and reviewing lessons learned from the
establishment of the Cyber Center for Education and
Innovation-Home of the National Cryptologic Museum under
section 7781(a) of title 10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees and the congressional
defense committees (as defined in section 101 of title 10,
United States Code) a report on the findings of the Director
with respect to the study completed under subsection (a).
SEC. 410. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the death
of Jamal Khashoggi, consistent with protecting sources and
methods. Such report shall include identification of those
who carried out, participated in, ordered, or were otherwise
complicit in or responsible for the death of Jamal Khashoggi.
(b) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form.
DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Damon
Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Modification of special pay authority for science,
technology, engineering, or mathematics positions and
addition of special pay authority for cyber positions.
Sec. 304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 305. Director of National Intelligence review of placement of
positions within the intelligence community on the
Executive Schedule.
Sec. 306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing intelligence
with foreign governments and entities.
Sec. 308. Cyber protection support for the personnel of the
intelligence community in positions highly vulnerable to
cyber attack.
Sec. 309. Modification of authority relating to management of supply-
chain risk.
Sec. 310. Limitations on determinations regarding certain security
classifications.
Sec. 311. Joint Intelligence Community Council.
Sec. 312. Intelligence community information technology environment.
Sec. 313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 314. Policy on minimum insider threat standards.
Sec. 315. Submission of intelligence community policies.
Sec. 316. Expansion of intelligence community recruitment efforts.
[[Page S3553]]
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 402. Designation of the program manager-information sharing
environment.
Sec. 403. Technical modification to the executive schedule.
Sec. 404. Chief Financial Officer of the Intelligence Community.
Sec. 405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 412. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 413. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central
Intelligence Agency.
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
Sec. 421. Consolidation of Department of Energy Offices of Intelligence
and Counterintelligence.
Sec. 422. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 431. Plan for designation of counterintelligence component of
Defense Security Service as an element of intelligence
community.
Sec. 432. Notice not required for private entities.
Sec. 433. Framework for roles, missions, and functions of Defense
Intelligence Agency.
Sec. 434. Establishment of advisory board for National Reconnaissance
Office.
Sec. 435. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE V--ELECTION MATTERS
Sec. 501. Report on cyber attacks by foreign governments against United
States election infrastructure.
Sec. 502. Review of intelligence community's posture to collect against
and analyze Russian efforts to influence the Presidential
election.
Sec. 503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 505. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 506. Foreign counterintelligence and cybersecurity threats to
Federal election campaigns.
Sec. 507. Information sharing with State election officials.
Sec. 508. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for
Federal offices.
Sec. 509. Designation of counterintelligence officer to lead election
security matters.
TITLE VI--SECURITY CLEARANCES
Sec. 601. Definitions.
Sec. 602. Reports and plans relating to security clearances and
background investigations.
Sec. 603. Improving the process for security clearances.
Sec. 604. Goals for promptness of determinations regarding security
clearances.
Sec. 605. Security Executive Agent.
Sec. 606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 607. Report on clearance in person concept.
Sec. 608. Budget request documentation on funding for background
investigations.
Sec. 609. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 610. Intelligence community reports on security clearances.
Sec. 611. Periodic report on positions in the intelligence community
that can be conducted without access to classified
information, networks, or facilities.
Sec. 612. Information sharing program for positions of trust and
security clearances.
Sec. 613. Report on protections for confidentiality of whistleblower-
related communications.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 701. Limitation relating to establishment or support of
cybersecurity unit with the Russian Federation.
Sec. 702. Report on returning Russian compounds.
Sec. 703. Assessment of threat finance relating to Russia.
Sec. 704. Notification of an active measures campaign.
Sec. 705. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the United States.
Sec. 706. Report on outreach strategy addressing threats from United
States adversaries to the United States technology
sector.
Sec. 707. Report on Iranian support of proxy forces in Syria and
Lebanon.
Sec. 708. Annual report on Iranian expenditures supporting foreign
military and terrorist activities.
Sec. 709. Expansion of scope of committee to counter active measures
and report on establishment of Foreign Malign Influence
Center.
Subtitle B--Reports
Sec. 711. Technical correction to Inspector General study.
Sec. 712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 713. Report on cyber exchange program.
Sec. 714. Review of intelligence community whistleblower matters.
Sec. 715. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 716. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 717. Biennial report on foreign investment risks.
Sec. 718. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 719. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 720. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 721. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 722. Inspectors General reports on classification.
Sec. 723. Reports on global water insecurity and national security
implications and briefing on emerging infectious disease
and pandemics.
Sec. 724. Annual report on memoranda of understanding between elements
of intelligence community and other entities of the
United States Government regarding significant
operational activities or policy.
Sec. 725. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 726. Modification of requirement for annual report on hiring and
retention of minority employees.
Sec. 727. Reports on intelligence community loan repayment and related
programs.
Sec. 728. Repeal of certain reporting requirements.
Sec. 729. Inspector General of the Intelligence Community report on
senior executives of the Office of the Director of
National Intelligence.
Sec. 730. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and cooperators.
Sec. 731. Intelligence assessment of North Korea revenue sources.
Sec. 732. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 741. Public Interest Declassification Board.
Sec. 742. Securing energy infrastructure.
Sec. 743. Bug bounty programs.
Sec. 744. Modification of authorities relating to the National
Intelligence University.
Sec. 745. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 746. Technical amendments related to the Department of Energy.
Sec. 747. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 748. Sense of Congress on consideration of espionage activities
when considering whether or not to provide visas to
foreign individuals to be accredited to a United Nations
mission in the United States.
Sec. 749. Sense of Congress on WikiLeaks.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
[[Page S3554]]
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2019.--Funds are hereby authorized to be
appropriated for fiscal year 2019 for the conduct of the
intelligence and intelligence-related activities of the
following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Fiscal Year 2018.--Funds that were appropriated for
fiscal year 2018 for the conduct of the intelligence and
intelligence-related activities of the elements of the United
States set forth in subsection (a) are hereby authorized.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2019 the sum of $522,424,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2019 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2019.
SEC. 202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period at the
end and inserting ``, as determined by using the annual rate
of basic pay that would be payable for full-time service in
that position.'';
(B) in subsection (b)(1)(C)(i), by striking ``12-month''
and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year'' and
inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year'' each
place such term appears and inserting ``two years'';
(E) by redesignating subsections (h), (i), (j), (k), and
(l) as subsections (i), (j), (k), (l), and (m), respectively;
and
(F) by inserting after subsection (g) the following:
``(h) Conditional Election of Insurable Interest Survivor
Annuity by Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the
rights of former spouses under subsection (b) and section
222, at the time of retirement a married participant found by
the Director to be in good health may elect to receive an
annuity reduced in accordance with subsection (f)(1)(B) and
designate in writing an individual having an insurable
interest in the participant to receive an annuity under the
system after the participant's death, except that any such
election to provide an insurable interest survivor annuity to
the participant's spouse shall only be effective if the
participant's spouse waives the spousal right to a survivor
annuity under this Act. The amount of the annuity shall be
equal to 55 percent of the participant's reduced annuity.
``(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall be
reduced by 10 percent of an annuity computed under subsection
(a) and by an additional 5 percent for each full 5 years the
designated individual is younger than the participant. The
total reduction under this subparagraph may not exceed 40
percent.
``(3) Commencement of survivor annuity.--The annuity
payable to the designated individual shall begin on the day
after the retired participant dies and terminate on the last
day of the month before the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity that is reduced under this
subsection shall, effective the first day of the month
following the death of the designated individual, be
recomputed and paid as if the annuity had not been so
reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement act.--The
Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et
seq.) is amended--
(i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by
striking ``221(h),'' and inserting ``221(i),''; and
(ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by
striking ``221(k)'' and inserting ``221(l)''.
(B) Central intelligence agency act of 1949.--Subsection
(a) of section 14 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3514(a)) is amended by striking ``221(h)(2),
221(i), 221(l),'' and inserting ``221(i)(2), 221(j),
221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of
section 222(b)(5) of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2032(b)(5)(B)) is amended by
striking ``one year'' and inserting ``two years''.
(c) Prior Service Credit.--Subparagraph (A) of section
252(b)(3) of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2082(b)(3)(A)) is amended by striking ``October 1,
1990'' both places that term appears and inserting ``March
31, 1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Part-Time Reemployed Annuitants.--The Director shall
have the authority to reemploy an annuitant on a part-time
basis in accordance with section 8344(l) of title 5, United
States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as
if enacted on October 28, 2009, and shall apply to
computations or participants, respectively, as of such date.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS
POSITIONS AND ADDITION OF SPECIAL PAY AUTHORITY
FOR CYBER POSITIONS.
Section 113B of the National Security Act of 1947 (50
U.S.C. 3049a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring
Expertise in Science, Technology, Engineering, or
Mathematics.--
``(1) In general.--Notwithstanding part III of title 5,
United States Code, the head of each element of the
intelligence community may, for 1 or more categories of
positions in such element that require expertise in science,
technology, engineering, or mathematics--
``(A) establish higher minimum rates of pay; and
``(B) make corresponding increases in all rates of pay of
the pay range for each grade or level, subject to subsection
(b) or (c), as applicable.
``(2) Treatment.--The special rate supplements resulting
from the establishment of higher rates under paragraph (1)
shall be basic pay for the same or similar purposes as those
specified in section 5305(j) of title 5, United States
Code.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
[[Page S3555]]
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c), the
Director of the National Security Agency may establish a
special rate of pay--
``(A) not to exceed the rate of basic pay payable for level
II of the Executive Schedule under section 5313 of title 5,
United States Code, if the Director certifies to the Under
Secretary of Defense for Intelligence, in consultation with
the Under Secretary of Defense for Personnel and Readiness,
that the rate of pay is for positions that perform functions
that execute the cyber mission of the Agency; or
``(B) not to exceed the rate of basic pay payable for the
Vice President of the United States under section 104 of
title 3, United States Code, if the Director certifies to the
Secretary of Defense, by name, individuals that have advanced
skills and competencies and that perform critical functions
that execute the cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a special rate
under paragraph (1) shall be subject to an aggregate pay
limitation that parallels the limitation established in
section 5307 of title 5, United States Code, except that--
``(A) any allowance, differential, bonus, award, or other
similar cash payment in addition to basic pay that is
authorized under title 10, United States Code, (or any other
applicable law in addition to title 5 of such Code, excluding
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.))
shall also be counted as part of aggregate compensation; and
``(B) aggregate compensation may not exceed the rate
established for the Vice President of the United States under
section 104 of title 3, United States Code.
``(3) Limitation on number of recipients.--The number of
individuals who receive basic pay established under paragraph
(1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special rates of
pay and the limitation established under paragraph (1)(B) may
not be used as comparative references for the purpose of
fixing the rates of basic pay or maximum pay limitations of
qualified positions under section 1599f of title 10, United
States Code, or section 226 of the Homeland Security Act of
2002 (6 U.S.C. 147).'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting ``or (b)'' after ``by subsection (a)''; and
(6) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``Not later than 90 days
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2017'' and inserting ``Not
later than 90 days after the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019''; and
(B) in paragraph (2)(A), by inserting ``or (b)'' after
``subsection (a)''.
SEC. 304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION
OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50
U.S.C. 3032(a)) is amended by striking ``President'' and
inserting ``Director''.
SEC. 305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF
PLACEMENT OF POSITIONS WITHIN THE INTELLIGENCE
COMMUNITY ON THE EXECUTIVE SCHEDULE.
(a) Review.--The Director of National Intelligence, in
coordination with the Director of the Office of Personnel
Management, shall conduct a review of positions within the
intelligence community regarding the placement of such
positions on the Executive Schedule under subchapter II of
chapter 53 of title 5, United States Code. In carrying out
such review, the Director of National Intelligence, in
coordination with the Director of the Office of Personnel
Management, shall determine--
(1) the standards under which such review will be
conducted;
(2) which positions should or should not be on the
Executive Schedule; and
(3) for those positions that should be on the Executive
Schedule, the level of the Executive Schedule at which such
positions should be placed.
(b) Report.--Not later than 60 days after the date on which
the review under subsection (a) is completed, the Director of
National Intelligence shall submit to the congressional
intelligence committees, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives an
unredacted report describing the standards by which the
review was conducted and the outcome of the review.
SEC. 306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK
MANAGEMENT TASK FORCE.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Oversight and Reform
of the House of Representatives.
(b) Requirement to Establish.--The Director of National
Intelligence shall establish a Supply Chain and
Counterintelligence Risk Management Task Force to standardize
information sharing between the intelligence community and
the acquisition community of the United States Government
with respect to the supply chain and counterintelligence
risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall
be composed of--
(1) a representative of the Defense Security Service of the
Department of Defense;
(2) a representative of the General Services
Administration;
(3) a representative of the Office of Federal Procurement
Policy of the Office of Management and Budget;
(4) a representative of the Department of Homeland
Security;
(5) a representative of the Federal Bureau of
Investigation;
(6) the Director of the National Counterintelligence and
Security Center; and
(7) any other members the Director of National Intelligence
determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain
and Counterintelligence Risk Management Task Force
established under subsection (b) shall have a security
clearance at the top secret level and be able to access
sensitive compartmented information.
(e) Annual Report.--The Supply Chain and
Counterintelligence Risk Management Task Force established
under subsection (b) shall submit to the appropriate
congressional committees an annual report that describes the
activities of the Task Force during the previous year,
including identification of the supply chain and
counterintelligence risks shared with the acquisition
community of the United States Government by the intelligence
community.
SEC. 307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND
CYBERSECURITY INFRASTRUCTURE WHEN SHARING
INTELLIGENCE WITH FOREIGN GOVERNMENTS AND
ENTITIES.
Whenever the head of an element of the intelligence
community enters into an intelligence sharing agreement with
a foreign government or any other foreign entity, the head of
the element shall consider the pervasiveness of
telecommunications and cybersecurity infrastructure,
equipment, and services provided by adversaries of the United
States, particularly China and Russia, or entities of such
adversaries in the country or region of the foreign
government or other foreign entity entering into the
agreement.
SEC. 308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY
VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential Internet access, email, text
and multimedia messaging, cloud computing, social media,
health care, and financial services, used by personnel of the
intelligence community outside of the scope of their
employment with elements of the intelligence community.
(2) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by
personnel of the intelligence community outside of the scope
of their employment with elements of the intelligence
community, including networks to which such devices connect.
(b) Authority to Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Director
of National Intelligence, the Director may provide cyber
protection support for the personal technology devices and
personal accounts of the personnel described in paragraph
(2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the intelligence community--
(A) who the Director determines to be highly vulnerable to
cyber attacks and hostile information collection activities
because of the positions occupied by such personnel in the
intelligence community; and
(B) whose personal technology devices or personal accounts
are highly vulnerable to cyber attacks and hostile
information collection activities.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support
provided to personnel under subsection (b) may include
training, advice, assistance, and other services relating to
cyber attacks and hostile information collection activities.
(d) Limitation on Support.--Nothing in this section shall
be construed--
(1) to encourage personnel of the intelligence community to
use personal technology devices for official business; or
(2) to authorize cyber protection support for senior
intelligence community personnel using personal devices,
networks, and personal accounts in an official capacity.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the
[[Page S3556]]
Director shall submit to the congressional intelligence
committees a report on the provision of cyber protection
support under subsection (b). The report shall include--
(1) a description of the methodology used to make the
determination under subsection (b)(2); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support under subsection (b).
SEC. 309. MODIFICATION OF AUTHORITY RELATING TO MANAGEMENT OF
SUPPLY-CHAIN RISK.
(a) Modification of Effective Date.--Subsection (f) of
section 309 of the Intelligence Authorization Act for Fiscal
Year 2012 (Public Law 112-87; 50 U.S.C. 3329 note) is amended
by striking ``the date that is 180 days after''.
(b) Repeal of Sunset.--Such section is amended by striking
subsection (g).
(c) Reports.--Such section, as amended by subsection (b),
is further amended--
(1) by redesignating subsection (f), as amended by
subsection (a), as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Annual Reports.--
``(1) In general.--Except as provided in paragraph (2), not
later than 180 days after the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019 and not less
frequently than once each calendar year thereafter, the
Director of National Intelligence shall, in consultation with
each head of a covered agency, submit to the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), a report
that details the determinations and notifications made under
subsection (c) during the most recently completed calendar
year.
``(2) Initial report.--The first report submitted under
paragraph (1) shall detail all the determinations and
notifications made under subsection (c) before the date of
the submittal of the report.''.
SEC. 310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN
SECURITY CLASSIFICATIONS.
(a) Prohibition.--An officer of an element of the
intelligence community who has been nominated by the
President for a position that requires the advice and consent
of the Senate may not make a classification decision with
respect to information related to such officer's nomination.
(b) Classification Determinations.--
(1) In general.--Except as provided in paragraph (2), in a
case in which an officer described in subsection (a) has been
nominated as described in such subsection and classification
authority rests with the officer or another officer who
reports directly to such officer, a classification decision
with respect to information relating to the officer shall be
made by the Director of National Intelligence.
(2) Nominations of director of national intelligence.--In a
case described in paragraph (1) in which the officer
nominated is the Director of National Intelligence, the
classification decision shall be made by the Principal Deputy
Director of National Intelligence.
(c) Reports.--Whenever the Director or the Principal Deputy
Director makes a decision under subsection (b), the Director
or the Principal Deputy Director, as the case may be, shall
submit to the congressional intelligence committees a report
detailing the reasons for the decision.
SEC. 311. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Meetings.--Section 101A(d) of the National Security Act
of 1947 (50 U.S.C. 3022(d)) is amended--
(1) by striking ``regular''; and
(2) by inserting ``as the Director considers appropriate''
after ``Council''.
(b) Report on Function and Utility of the Joint
Intelligence Community Council.--
(1) In general.--No later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Executive Office of
the President and members of the Joint Intelligence Community
Council, shall submit to the congressional intelligence
committees a report on the function and utility of the Joint
Intelligence Community Council.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of physical or virtual meetings held by the
Council per year since the Council's inception.
(B) A description of the effect and accomplishments of the
Council.
(C) An explanation of the unique role of the Council
relative to other entities, including with respect to the
National Security Council and the Executive Committee of the
intelligence community.
(D) Recommendations for the future role and operation of
the Council.
(E) Such other matters relating to the function and utility
of the Council as the Director considers appropriate.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY
ENVIRONMENT.
(a) Definitions.--In this section:
(1) Core service.--The term ``core service'' means a
capability that is available to multiple elements of the
intelligence community and required for consistent operation
of the intelligence community information technology
environment.
(2) Intelligence community information technology
environment.--The term ``intelligence community information
technology environment'' means all of the information
technology services across the intelligence community,
including the data sharing and protection environment across
multiple classification domains.
(b) Roles and Responsibilities.--
(1) Director of national intelligence.--The Director of
National Intelligence shall be responsible for coordinating
the performance by elements of the intelligence community of
the intelligence community information technology
environment, including each of the following:
(A) Ensuring compliance with all applicable environment
rules and regulations of such environment.
(B) Ensuring measurable performance goals exist for such
environment.
(C) Documenting standards and practices of such
environment.
(D) Acting as an arbiter among elements of the intelligence
community related to any disagreements arising out of the
implementation of such environment.
(E) Delegating responsibilities to the elements of the
intelligence community and carrying out such other
responsibilities as are necessary for the effective
implementation of such environment.
(2) Core service providers.--Providers of core services
shall be responsible for--
(A) providing core services, in coordination with the
Director of National Intelligence; and
(B) providing the Director with information requested and
required to fulfill the responsibilities of the Director
under paragraph (1).
(3) Use of core services.--
(A) In general.--Except as provided in subparagraph (B),
each element of the intelligence community shall use core
services when such services are available.
(B) Exception.--The Director of National Intelligence may
provide for a written exception to the requirement under
subparagraph (A) if the Director determines there is a
compelling financial or mission need for such exception.
(c) Management Accountability.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence shall designate and maintain one or
more accountable executives of the intelligence community
information technology environment to be responsible for--
(1) management, financial control, and integration of such
environment;
(2) overseeing the performance of each core service,
including establishing measurable service requirements and
schedules;
(3) to the degree feasible, ensuring testing of each core
service of such environment, including testing by the
intended users, to evaluate performance against measurable
service requirements and to ensure the capability meets user
requirements; and
(4) coordinate transition or restructuring efforts of such
environment, including phaseout of legacy systems.
(d) Security Plan.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall develop and maintain a security plan for
the intelligence community information technology
environment.
(e) Long-term Roadmap.--Not later than 180 days after the
date of the enactment of this Act, and during each of the
second and fourth fiscal quarters thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a long-term roadmap that shall
include each of the following:
(1) A description of the minimum required and desired core
service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured performance.
(2) implementation milestones for the intelligence
community information technology environment, including each
of the following:
(A) A schedule for expected deliveries of core service
capabilities during each of the following phases:
(i) Concept refinement and technology maturity
demonstration.
(ii) Development, integration, and demonstration.
(iii) Production, deployment, and sustainment.
(iv) System retirement.
(B) Dependencies of such core service capabilities.
(C) Plans for the transition or restructuring necessary to
incorporate core service capabilities.
(D) A description of any legacy systems and discontinued
capabilities to be phased out.
(3) Such other matters as the Director determines
appropriate.
(f) Business Plan.--Not later than 180 days after the date
of the enactment of this Act, and during each of the second
and fourth fiscal quarters thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a business plan that includes each of
the following:
(1) A systematic approach to identify core service funding
requests for the intelligence
[[Page S3557]]
community information technology environment within the
proposed budget, including multiyear plans to implement the
long-term roadmap required by subsection (e).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where
services of the intelligence community information technology
environment will also be available.
(3) A uniform effort by which each element of the
intelligence community shall identify transition and
restructuring costs for new, existing, and retiring services
of the intelligence community information technology
environment, as well as services of such environment that
have changed designations as a core service.
(g) Quarterly Presentations.--Beginning not later than 180
days after the date of the enactment of this Act, the
Director of National Intelligence shall provide to the
congressional intelligence committees quarterly updates
regarding ongoing implementation of the intelligence
community information technology environment as compared to
the requirements in the most recently submitted security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f).
(h) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the
congressional intelligence committees regarding any policy
changes related to or affecting the intelligence community
information technology environment, new initiatives or
strategies related to or impacting such environment, and
changes or deficiencies in the execution of the security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f)
(i) Sunset.--The section shall have no effect on or after
September 30, 2024.
SEC. 313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE
SOLUTION FOR INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Central Intelligence Agency and the Director of the National
Security Agency, shall submit to the congressional
intelligence committees a classified report on the
feasibility, desirability, cost, and required schedule
associated with the implementation of a secure mobile voice
solution for the intelligence community.
(b) Contents.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) The benefits and disadvantages of a secure mobile voice
solution.
(2) Whether the intelligence community could leverage
commercially available technology for classified voice
communications that operates on commercial mobile networks in
a secure manner and identifying the accompanying security
risks to such networks.
(3) A description of any policies or community guidance
that would be necessary to govern the potential solution,
such as a process for determining the appropriate use of a
secure mobile telephone and any limitations associated with
such use.
SEC. 314. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish a policy for minimum insider
threat standards that is consistent with the National Insider
Threat Policy and Minimum Standards for Executive Branch
Insider Threat Programs.
(b) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the head of each element of the
intelligence community shall implement the policy established
under subsection (a).
SEC. 315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Definitions.--In this section:
(1) Electronic repository.--The term ``electronic
repository'' means the electronic distribution mechanism, in
use as of the date of the enactment of this Act, or any
successor electronic distribution mechanism, by which the
Director of National Intelligence submits to the
congressional intelligence committees information.
(2) Policy.--The term ``policy'', with respect to the
intelligence community, includes unclassified or classified--
(A) directives, policy guidance, and policy memoranda of
the intelligence community;
(B) executive correspondence of the Director of National
Intelligence; and
(C) any equivalent successor policy instruments.
(b) Submission of Policies.--
(1) Current policy.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees using the electronic repository all nonpublicly
available policies issued by the Director of National
Intelligence for the intelligence community that are in
effect as of the date of the submission.
(2) Continuous updates.--Not later than 15 days after the
date on which the Director of National Intelligence issues,
modifies, or rescinds a policy of the intelligence community,
the Director shall--
(A) notify the congressional intelligence committees of
such addition, modification, or removal; and
(B) update the electronic repository with respect to such
addition, modification, or removal.
SEC. 316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT
EFFORTS.
In order to further increase the diversity of the
intelligence community workforce, not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in consultation with heads of elements
of the Intelligence Community, shall create, implement, and
submit to the congressional intelligence committees a written
plan to ensure that rural and underrepresented regions are
more fully and consistently represented in such elements'
employment recruitment efforts. Upon receipt of the plan, the
congressional committees shall have 60 days to submit
comments to the Director of National Intelligence before such
plan shall be implemented.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER
EMPLOYEES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3506(a)(4)) is amended by striking ``such
personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate;'' and inserting ``current and former personnel of
the Office of the Director of National Intelligence and their
immediate families as the Director of National Intelligence
may designate;''.
SEC. 402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION
SHARING ENVIRONMENT.
(a) Information Sharing Environment.--Section 1016(b) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and
inserting ``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485(f)(1)) is amended by striking ``The individual
designated as the program manager shall serve as program
manager until removed from service or replaced by the
President (at the President's sole discretion).'' and
inserting ``Beginning on the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019, each
individual designated as the program manager shall be
appointed by the Director of National Intelligence.''.
SEC. 403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
adding at the end the following:
``Director of the National Counterintelligence and Security
Center.''.
SEC. 404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50
U.S.C. 3034(a)) is amended by adding at the end the following
new sentence: ``The Chief Financial Officer shall report
directly to the Director of National Intelligence.''.
SEC. 405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50
U.S.C. 3032(a)) is amended by adding at the end the following
new sentence: ``The Chief Information Officer shall report
directly to the Director of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR
PERSONNEL ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,''
and inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph (8):
``(8) Upon the approval of the Director, provide, during
any fiscal year, with or without reimbursement, subsistence
to any personnel assigned to an overseas location designated
by the Agency as an austere location.''.
SEC. 412. EXPANSION OF SECURITY PROTECTIVE SERVICE
JURISDICTION OF THE CENTRAL INTELLIGENCE
AGENCY.
Subsection (a) of section 15 of the Central Intelligence
Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in the subsection heading, by striking ``Policemen''
and inserting ``Police Officers''; and
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``500 feet;'' and
inserting ``500 yards;''; and
(B) in subparagraph (D), by striking ``500 feet.'' and
inserting ``500 yards.''.
[[Page S3558]]
SEC. 413. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT
FOR CERTAIN SENIOR LEVEL POSITIONS IN THE
CENTRAL INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--
Section 104A of the National Security Act of 1947 (50 U.S.C.
3036) is amended by striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611
of the Intelligence Authorization Act for Fiscal Year 2005
(Public Law 108-487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended to read as
follows:
``office of intelligence and counterintelligence
``Sec. 215. (a) Definitions.--In this section, the terms
`intelligence community' and `National Intelligence Program'
have the meanings given such terms in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(b) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be
under the National Intelligence Program.
``(c) Director.--(1) The head of the Office shall be the
Director of the Office of Intelligence and
Counterintelligence, who shall be an employee in the Senior
Executive Service, the Senior Intelligence Service, the
Senior National Intelligence Service, or any other Service
that the Secretary, in coordination with the Director of
National Intelligence, considers appropriate. The Director of
the Office shall report directly to the Secretary.
``(2) The Secretary shall select an individual to serve as
the Director from among individuals who have substantial
expertise in matters relating to the intelligence community,
including foreign intelligence and counterintelligence.
``(d) Duties.--(1) Subject to the authority, direction, and
control of the Secretary, the Director shall perform such
duties and exercise such powers as the Secretary may
prescribe.
``(2) The Director shall be responsible for establishing
policy for intelligence and counterintelligence programs and
activities at the Department.''.
(b) Conforming Repeal.--Section 216 of the Department of
Energy Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the
beginning of the Department of Energy Organization Act is
amended by striking the items relating to sections 215 and
216 and inserting the following new item:
``215. Office of Intelligence and Counterintelligence.''.
SEC. 422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE
EXECUTIVE COMMITTEE AND BUDGET REPORTING
REQUIREMENT.
Section 214 of the Department of Energy Organization Act
(42 U.S.C. 7144a) is amended--
(1) by striking ``(a) Duty of Secretary.--''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE
COMPONENT OF DEFENSE SECURITY SERVICE AS AN
ELEMENT OF INTELLIGENCE COMMUNITY.
Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence and Under
Secretary of Defense for Intelligence, in coordination with
the Director of the National Counterintelligence and Security
Center, shall submit to the congressional intelligence
committees, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of
Representatives a plan to designate the counterintelligence
component of the Defense Security Service of the Department
of Defense as an element of the intelligence community by not
later than January 1, 2019. Such plan shall--
(1) address the implications of such designation on the
authorities, governance, personnel, resources, information
technology, collection, analytic products, information
sharing, and business processes of the Defense Security
Service and the intelligence community; and
(2) not address the personnel security functions of the
Defense Security Service.
SEC. 432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Rule of Construction.--Nothing in this section shall
be construed to require the Secretary to provide notice to
any private entity before the Secretary issues a binding
operational directive under subsection (b)(2).''.
SEC. 433. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF
DEFENSE INTELLIGENCE AGENCY.
(a) In General.--The Director of National Intelligence and
the Secretary of Defense shall jointly establish a framework
to ensure the appropriate balance of resources for the roles,
missions, and functions of the Defense Intelligence Agency in
its capacity as an element of the intelligence community and
as a combat support agency. The framework shall include
supporting processes to provide for the consistent and
regular reevaluation of the responsibilities and resources of
the Defense Intelligence Agency to prevent imbalanced
priorities, insufficient or misaligned resources, and the
unauthorized expansion of mission parameters.
(b) Matters for Inclusion.--The framework required under
subsection (a) shall include each of the following:
(1) A lexicon providing for consistent definitions of
relevant terms used by both the intelligence community and
the Department of Defense, including each of the following:
(A) Defense intelligence enterprise.
(B) Enterprise manager.
(C) Executive agent.
(D) Function.
(E) Functional manager.
(F) Mission.
(G) Mission manager.
(H) Responsibility.
(I) Role.
(J) Service of common concern.
(2) An assessment of the necessity of maintaining separate
designations for the intelligence community and the
Department of Defense for intelligence functional or
enterprise management constructs.
(3) A repeatable process for evaluating the addition,
transfer, or elimination of defense intelligence missions,
roles, and functions, currently performed or to be performed
in the future by the Defense Intelligence Agency, which
includes each of the following:
(A) A justification for the addition, transfer, or
elimination of a mission, role, or function.
(B) The identification of which, if any, element of the
Federal Government performs the considered mission, role, or
function.
(C) In the case of any new mission, role, or function--
(i) an assessment of the most appropriate agency or element
to perform such mission, role, or function, taking into
account the resource profiles, scope of responsibilities,
primary customers, and existing infrastructure necessary to
support such mission, role, or function; and
(ii) a determination of the appropriate resource profile
and an identification of the projected resources needed and
the proposed source of such resources over the future-years
defense program, to be provided in writing to any elements of
the intelligence community or the Department of Defense
affected by the assumption, transfer, or elimination of any
mission, role, or function.
(D) In the case of any mission, role, or function proposed
to be assumed, transferred, or eliminated, an assessment,
which shall be completed jointly by the heads of each element
affected by such assumption, transfer, or elimination, of the
risks that would be assumed by the intelligence community and
the Department if such mission, role, or function is assumed,
transferred, or eliminated.
(E) A description of how determinations are made regarding
the funding of programs and activities under the National
Intelligence Program and the Military Intelligence Program,
including--
(i) which programs or activities are funded under each such
Program;
(ii) which programs or activities should be jointly funded
under both such Programs and how determinations are made with
respect to funding allocations for such programs and
activities; and
(iii) the thresholds and process for changing a program or
activity from being funded under one such Program to being
funded under the other such Program.
SEC. 434. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL
RECONNAISSANCE OFFICE.
(a) Establishment.--Section 106A of the National Security
Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end
the following new subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section
referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the National
Reconnaissance Office, including with respect to promoting
innovation, competition, and resilience in space, overhead
reconnaissance, acquisition, and other matters; and
``(B) advise and report directly to the Director with
respect to such matters.
``(3) Members.--
``(A) Number and appointment.--
``(i) In general.--The Board shall be composed of 5 members
appointed by the Director from among individuals with
demonstrated academic, government, business, or other
expertise relevant to the mission and functions of the
National Reconnaissance Office.
``(ii) Notification.--Not later than 30 days after the date
on which the Director appoints a member to the Board, the
Director shall notify the congressional intelligence
committees and the congressional defense committees (as
defined in section 101(a) of title 10, United States Code) of
such appointment.
``(B) Terms.--Each member shall be appointed for a term of
2 years. Except as provided by subparagraph (C), a member may
not serve more than 3 terms.
[[Page S3559]]
``(C) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
``(D) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
``(E) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
``(F) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the National
Reconnaissance Office, to support the Board.
``(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
``(5) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees a report on the activities and
significant findings of the Board during the preceding year.
``(6) Nonapplicability of certain requirements.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board.
``(7) Termination.--The Board shall terminate on the date
that is 3 years after the date of the first meeting of the
Board.''.
(b) Initial Appointments.--Not later than 180 days after
the date of the enactment of this Act, the Director of the
National Reconnaissance Office shall appoint the initial 5
members to the advisory board under subsection (d) of section
106A of the National Security Act of 1947 (50 U.S.C. 3041a),
as added by subsection (a).
SEC. 435. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND
SECURITY PERSONNEL AT FIELD LOCATIONS.
(a) Identification of Opportunities for Collocation.--Not
later than 60 days after the date of the enactment of this
Act, the Under Secretary of Homeland Security for
Intelligence and Analysis shall identify, in consultation
with the Commissioner of U.S. Customs and Border Protection,
the Administrator of the Transportation Security
Administration, the Director of U.S. Immigration and Customs
Enforcement, and the heads of such other elements of the
Department of Homeland Security as the Under Secretary
considers appropriate, opportunities for collocation of
officers of the Office of Intelligence and Analysis in the
field outside of the greater Washington, District of
Columbia, area in order to support operational units from
U.S. Customs and Border Protection, the Transportation
Security Administration, U.S. Immigration and Customs
Enforcement, and other elements of the Department of Homeland
Security.
(b) Plan for Collocation.--Not later than 120 days after
the date of the enactment of this Act, the Under Secretary
shall submit to the congressional intelligence committees a
report that includes a plan for collocation as described in
subsection (a).
TITLE V--ELECTION MATTERS
SEC. 501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS
AGAINST UNITED STATES ELECTION INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives;
(D) the Committee on Foreign Relations of the Senate; and
(E) the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Under Secretary of Homeland
Security for Intelligence and Analysis shall submit to
congressional leadership and the appropriate congressional
committees a report on cyber attacks and attempted cyber
attacks by foreign governments on United States election
infrastructure in States and localities in connection with
the 2016 Presidential election in the United States and such
cyber attacks or attempted cyber attacks as the Under
Secretary anticipates against such infrastructure. Such
report shall identify the States and localities affected and
shall include cyber attacks and attempted cyber attacks
against voter registration databases, voting machines,
voting-related computer networks, and the networks of
Secretaries of State and other election officials of the
various States.
(c) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO
COLLECT AGAINST AND ANALYZE RUSSIAN EFFORTS TO
INFLUENCE THE PRESIDENTIAL ELECTION.
(a) Review Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(1) complete an after action review of the posture of the
intelligence community to collect against and analyze efforts
of the Government of Russia to interfere in the 2016
Presidential election in the United States; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to such
review.
(b) Elements.--The review required by subsection (a) shall
include, with respect to the posture and efforts described in
paragraph (1) of such subsection, the following:
(1) An assessment of whether the resources of the
intelligence community were properly aligned to detect and
respond to the efforts described in subsection (a)(1).
(2) An assessment of the information sharing that occurred
within elements of the intelligence community.
(3) An assessment of the information sharing that occurred
between elements of the intelligence community.
(4) An assessment of applicable authorities necessary to
collect on any such efforts and any deficiencies in those
authorities.
(5) A review of the use of open source material to inform
analysis and warning of such efforts.
(6) A review of the use of alternative and predictive
analysis.
(c) Form of Report.--The report required by subsection
(a)(2) shall be submitted to the congressional intelligence
committees in a classified form.
SEC. 503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO
FEDERAL ELECTIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given such term in section
102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).
(b) In General.--The Director of National Intelligence, in
coordination with the Director of the Central Intelligence
Agency, the Director of the National Security Agency, the
Director of the Federal Bureau of Investigation, the
Secretary of Homeland Security, and the heads of other
relevant elements of the intelligence community, shall--
(1) commence not later than 1 year before any regularly
scheduled Federal election occurring after December 31, 2018,
and complete not later than 180 days before such election, an
assessment of security vulnerabilities of State election
systems; and
(2) not later than 180 days before any regularly scheduled
Federal election occurring after December 31, 2018, submit a
report on such security vulnerabilities and an assessment of
foreign intelligence threats to the election to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
(c) Update.--Not later than 90 days before any regularly
scheduled Federal election occurring after December 31, 2018,
the Director of National Intelligence shall--
(1) update the assessment of foreign intelligence threats
to that election; and
(2) submit the updated assessment to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
SEC. 504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO
UNITED STATES ELECTIONS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(4) The Committee on Foreign Relations of the Senate.
(5) The Committee on Foreign Affairs of the House of
Representatives.
(b) Requirement for a Strategy.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the Secretary of
Homeland Security, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, the Secretary of State, the Secretary of Defense, and
the Secretary of the Treasury,
[[Page S3560]]
shall develop a whole-of-government strategy for countering
the threat of Russian cyber attacks and attempted cyber
attacks against electoral systems and processes in the United
States, including Federal, State, and local election systems,
voter registration databases, voting tabulation equipment,
and equipment and processes for the secure transmission of
election results.
(c) Elements of the Strategy.--The strategy required by
subsection (b) shall include the following elements:
(1) A whole-of-government approach to protecting United
States electoral systems and processes that includes the
agencies and departments indicated in subsection (b) as well
as any other agencies and departments of the United States,
as determined appropriate by the Director of National
Intelligence and the Secretary of Homeland Security.
(2) Input solicited from Secretaries of State of the
various States and the chief election officials of the
States.
(3) Technical security measures, including auditable paper
trails for voting machines, securing wireless and Internet
connections, and other technical safeguards.
(4) Detection of cyber threats, including attacks and
attempted attacks by Russian government or nongovernment
cyber threat actors.
(5) Improvements in the identification and attribution of
Russian government or nongovernment cyber threat actors.
(6) Deterrence, including actions and measures that could
or should be undertaken against or communicated to the
Government of Russia or other entities to deter attacks
against, or interference with, United States election systems
and processes.
(7) Improvements in Federal Government communications with
State and local election officials.
(8) Public education and communication efforts.
(9) Benchmarks and milestones to enable the measurement of
concrete steps taken and progress made in the implementation
of the strategy.
(d) Congressional Briefing.--Not later than 90 days after
the date of the enactment of this Act, the Director of
National Intelligence and the Secretary of Homeland Security
shall jointly brief the appropriate congressional committees
on the strategy developed under subsection (b).
SEC. 505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE
CAMPAIGNS DIRECTED AT FOREIGN ELECTIONS AND
REFERENDA.
(a) Russian Influence Campaign Defined.--In this section,
the term ``Russian influence campaign'' means any effort,
covert or overt, and by any means, attributable to the
Russian Federation directed at an election, referendum, or
similar process in a country other than the Russian
Federation or the United States.
(b) Assessment Required.--Not later than 60 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report containing an analytical assessment of
the most significant Russian influence campaigns, if any,
conducted during the 3-year period preceding the date of the
enactment of this Act, as well as the most significant
current or planned such Russian influence campaigns, if any.
Such assessment shall include--
(1) a summary of such significant Russian influence
campaigns, including, at a minimum, the specific means by
which such campaigns were conducted, are being conducted, or
likely will be conducted, as appropriate, and the specific
goal of each such campaign;
(2) a summary of any defenses against or responses to such
Russian influence campaigns by the foreign state holding the
elections or referenda;
(3) a summary of any relevant activities by elements of the
intelligence community undertaken for the purpose of
assisting the government of such foreign state in defending
against or responding to such Russian influence campaigns;
and
(4) an assessment of the effectiveness of such defenses and
responses described in paragraphs (2) and (3).
(c) Form.--The report required by subsection (b) may be
submitted in classified form, but if so submitted, shall
contain an unclassified summary.
SEC. 506. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY
THREATS TO FEDERAL ELECTION CAMPAIGNS.
(a) Reports Required.--
(1) In general.--As provided in paragraph (2), for each
Federal election, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security
for Intelligence and Analysis and the Director of the Federal
Bureau of Investigation, shall make publicly available on an
Internet website an advisory report on foreign
counterintelligence and cybersecurity threats to election
campaigns for Federal offices. Each such report shall
include, consistent with the protection of sources and
methods, each of the following:
(A) A description of foreign counterintelligence and
cybersecurity threats to election campaigns for Federal
offices.
(B) A summary of best practices that election campaigns for
Federal offices can employ in seeking to counter such
threats.
(C) An identification of any publicly available resources,
including United States Government resources, for countering
such threats.
(2) Schedule for submittal.--A report under this subsection
shall be made available as follows:
(A) In the case of a report regarding an election held for
the office of Senator or Member of the House of
Representatives during 2018, not later than the date that is
60 days after the date of the enactment of this Act.
(B) In the case of a report regarding an election for a
Federal office during any subsequent year, not later than the
date that is 1 year before the date of the election.
(3) Information to be included.--A report under this
subsection shall reflect the most current information
available to the Director of National Intelligence regarding
foreign counterintelligence and cybersecurity threats.
(b) Treatment of Campaigns Subject to Heightened Threats.--
If the Director of the Federal Bureau of Investigation and
the Under Secretary of Homeland Security for Intelligence and
Analysis jointly determine that an election campaign for
Federal office is subject to a heightened foreign
counterintelligence or cybersecurity threat, the Director and
the Under Secretary, consistent with the protection of
sources and methods, may make available additional
information to the appropriate representatives of such
campaign.
SEC. 507. INFORMATION SHARING WITH STATE ELECTION OFFICIALS.
(a) State Defined.--In this section, the term ``State''
means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
(b) Security Clearances.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall support the Under Secretary of Homeland
Security for Intelligence and Analysis, and any other
official of the Department of Homeland Security designated by
the Secretary of Homeland Security, in sponsoring a security
clearance up to the top secret level for each eligible chief
election official of a State or the District of Columbia, and
additional eligible designees of such election official as
appropriate, at the time that such election official assumes
such position.
(2) Interim clearances.--Consistent with applicable
policies and directives, the Director of National
Intelligence may issue interim clearances, for a period to be
determined by the Director, to a chief election official as
described in paragraph (1) and up to 1 designee of such
official under such paragraph.
(c) Information Sharing.--
(1) In general.--The Director of National Intelligence
shall assist the Under Secretary of Homeland Security for
Intelligence and Analysis and the Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department
(as specified in section 103(a)(1)(H) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing
any appropriate classified information related to threats to
election systems and to the integrity of the election process
with chief election officials and such designees who have
received a security clearance under subsection (b).
(2) Coordination.--The Under Secretary of Homeland Security
for Intelligence and Analysis shall coordinate with the
Director of National Intelligence and the Under Secretary
responsible for overseeing critical infrastructure
protection, cybersecurity, and other related programs of the
Department (as specified in section 103(a)(1)(H) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) to
facilitate the sharing of information to the affected
Secretaries of State or States.
SEC. 508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER
INTRUSIONS AND ACTIVE MEASURES CAMPAIGNS
DIRECTED AT ELECTIONS FOR FEDERAL OFFICES.
(a) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently
jeopardizes, without lawful authority, electronic election
infrastructure, or the integrity, confidentiality, or
availability of information within such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an electronic
information system of any of the following that is related to
an election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
[[Page S3561]]
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is
based on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination
is credibly sourced and plausible but not of sufficient
quality or corroborated sufficiently to warrant a higher
level of confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Appropriations of the
House of Representatives.
(b) Determinations of Significant Foreign Cyber Intrusions
and Active Measures Campaigns.--The Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly carry out subsection (c) if such Directors and the
Secretary jointly determine--
(1) that on or after the date of the enactment of this Act,
a significant foreign cyber intrusion or active measures
campaign intended to influence an upcoming election for any
Federal office has occurred or is occurring; and
(2) with moderate or high confidence, that such intrusion
or campaign can be attributed to a foreign state or to a
foreign nonstate person, group, or other entity.
(c) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (b), the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly provide a briefing to the congressional leadership,
the congressional intelligence committees and, consistent
with the protection of sources and methods, the other
appropriate congressional committees. The briefing shall be
classified and address, at a minimum, the following:
(A) A description of the significant foreign cyber
intrusion or active measures campaign, as the case may be,
covered by the determination.
(B) An identification of the foreign state or foreign
nonstate person, group, or other entity, to which such
intrusion or campaign has been attributed.
(C) The desirability and feasibility of the public release
of information about the cyber intrusion or active measures
campaign.
(D) Any other information such Directors and the Secretary
jointly determine appropriate.
(2) Electronic election infrastructure briefings.--With
respect to a significant foreign cyber intrusion covered by a
determination under subsection (b), the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation, shall offer to the owner or operator of any
electronic election infrastructure directly affected by such
intrusion, a briefing on such intrusion, including steps that
may be taken to mitigate such intrusion. Such briefing may be
classified and made available only to individuals with
appropriate security clearances.
(3) Protection of sources and methods.--This subsection
shall be carried out in a manner that is consistent with the
protection of sources and methods.
SEC. 509. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD
ELECTION SECURITY MATTERS.
(a) In General.--The Director of National Intelligence
shall designate a national counterintelligence officer within
the National Counterintelligence and Security Center to lead,
manage, and coordinate counterintelligence matters relating
to election security.
(b) Additional Responsibilities.--The person designated
under subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by
interference from foreign powers (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801)) to the following:
(1) The Federal Government election security supply chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the
Director of National Intelligence considers appropriate.
TITLE VI--SECURITY CLEARANCES
SEC. 601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Homeland Security of the House of
Representatives; and
(H) the Committee on Oversight and Reform of the House of
Representatives.
(2) Appropriate industry partners.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee
(as defined in section 101(a) of Executive Order 12829 (50
U.S.C. 3161 note; relating to National Industrial Security
Program)) that is participating in the National Industrial
Security Program established by such Executive Order.
(3) Continuous vetting.--The term ``continuous vetting''
has the meaning given such term in Executive Order 13467 (50
U.S.C. 3161 note; relating to reforming processes related to
suitability for government employment, fitness for contractor
employees, and eligibility for access to classified national
security information).
(4) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to such Executive Order, or any
successor entity.
(5) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 605.
(6) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in
accordance with Executive Order 13467 (50 U.S.C. 3161 note;
relating to reforming processes related to suitability for
government employment, fitness for contractor employees, and
eligibility for access to classified national security
information), or any successor entity.
SEC. 602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES
AND BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of the
workforce, facilities, and information of the Federal
Government is of the highest priority to national security
and public safety;
(2) the President and Congress should prioritize the
modernization of the personnel security framework to improve
its efficiency, effectiveness, and accountability;
(3) the current system for security clearance, suitability
and fitness for employment, and credentialing lacks
efficiencies and capabilities to meet the current threat
environment, recruit and retain a trusted workforce, and
capitalize on modern technologies; and
(4) changes to policies or processes to improve this system
should be vetted through the Council to ensure
standardization, portability, and reciprocity in security
clearances across the Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners the following:
(A) A plan, with milestones, to reduce the background
investigation inventory to 200,000, or an otherwise
sustainable steady-level, by the end of year 2020. Such plan
shall include notes of any required changes in investigative
and adjudicative standards or resources.
(B) A plan to consolidate the conduct of background
investigations associated with the processing for security
clearances in the most effective and efficient manner between
the National Background Investigation Bureau and the Defense
Security Service, or a successor organization. Such plan
shall address required funding, personnel, contracts,
information technology, field office structure, policy,
governance, schedule, transition costs, and effects on
stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chairman of the Council, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available
to appropriate industry partners a report on the future of
personnel security to reflect changes in threats, the
workforce, and technology.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) A risk framework for granting and renewing access to
classified information.
(ii) A discussion of the use of technologies to prevent,
detect, and monitor threats.
(iii) A discussion of efforts to address reciprocity and
portability.
(iv) A discussion of the characteristics of effective
insider threat programs.
(v) An analysis of how to integrate data from continuous
evaluation, insider threat programs, and human resources
data.
(vi) Recommendations on interagency governance.
(3) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the Council,
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a plan to
implement the report's framework and recommendations
submitted under paragraph (2)(A).
[[Page S3562]]
(4) Congressional notifications.--Not less frequently than
quarterly, the Security Executive Agent shall make available
to the public a report regarding the status of the
disposition of requests received from departments and
agencies of the Federal Government for a change to, or
approval under, the Federal investigative standards, the
national adjudicative guidelines, continuous evaluation, or
other national policy regarding personnel security.
SEC. 603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available
to appropriate industry partners a report that includes the
following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form
86) and by the Federal Investigative Standards prescribed by
the Office of Personnel Management and the Office of the
Director of National Intelligence appropriately supports the
adjudicative guidelines under Security Executive Agent
Directive 4 (known as the ``National Security Adjudicative
Guidelines''). Such review shall include identification of
whether any such information currently collected is
unnecessary to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire, Standards,
and guidelines should be revised to account for the prospect
of a holder of a security clearance becoming an insider
threat.
(3) Recommendations to improve the background investigation
process by--
(A) simplifying the Questionnaire for National Security
Positions (Standard Form 86) and increasing customer support
to applicants completing such Questionnaire;
(B) using remote techniques and centralized locations to
support or replace field investigation work;
(C) using secure and reliable digitization of information
obtained during the clearance process;
(D) building the capacity of the background investigation
labor sector; and
(E) replacing periodic reinvestigations with continuous
evaluation techniques in all appropriate circumstances.
(b) Policy, Strategy, and Implementation.--Not later than
180 days after the date of the enactment of this Act, the
Security Executive Agent shall, in coordination with the
members of the Council, establish the following:
(1) A policy and implementation plan for the issuance of
interim security clearances.
(2) A policy and implementation plan to ensure contractors
are treated consistently in the security clearance process
across agencies and departments of the United States as
compared to employees of such agencies and departments. Such
policy shall address--
(A) prioritization of processing security clearances based
on the mission the contractors will be performing;
(B) standardization in the forms that agencies issue to
initiate the process for a security clearance;
(C) digitization of background investigation-related forms;
(D) use of the polygraph;
(E) the application of the adjudicative guidelines under
Security Executive Agent Directive 4 (known as the ``National
Security Adjudicative Guidelines'');
(F) reciprocal recognition of clearances across agencies
and departments of the United States, regardless of status of
periodic reinvestigation;
(G) tracking of clearance files as individuals move from
employment with an agency or department of the United States
to employment in the private sector;
(H) collection of timelines for movement of contractors
across agencies and departments;
(I) reporting on security incidents and job performance,
consistent with section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974''), that may
affect the ability to hold a security clearance;
(J) any recommended changes to the Federal Acquisition
Regulations (FAR) necessary to ensure that information
affecting contractor clearances or suitability is
appropriately and expeditiously shared between and among
agencies and contractors; and
(K) portability of contractor security clearances between
or among contracts at the same agency and between or among
contracts at different agencies that require the same level
of clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations as part of a
security clearance determination only on an as-needed, risk-
based basis;
(B) includes actions to assess the extent to which
automated records checks and other continuous evaluation
methods may be used to expedite or focus reinvestigations;
and
(C) provides an exception for certain populations if the
Security Executive Agent--
(i) determines such populations require reinvestigations at
regular intervals; and
(ii) provides written justification to the appropriate
congressional committees for any such determination.
(4) A policy and implementation plan for agencies and
departments of the United States, as a part of the security
clearance process, to accept automated records checks
generated pursuant to a security clearance applicant's
employment with a prior employer.
(5) A policy for the use of certain background materials on
individuals collected by the private sector for background
investigation purposes.
(6) Uniform standards for agency continuous evaluation
programs to ensure quality and reciprocity in accepting
enrollment in a continuous vetting program as a substitute
for a periodic investigation for continued access to
classified information.
SEC. 604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING
SECURITY CLEARANCES.
(a) Reciprocity Defined.--In this section, the term
``reciprocity'' means reciprocal recognition by Federal
departments and agencies of eligibility for access to
classified information.
(b) In General.--The Council shall reform the security
clearance process with the objective that, by December 31,
2021, 90 percent of all determinations, other than
determinations regarding populations identified under section
603(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30 days or fewer; and
(B) at the top secret level are issued in 90 days or fewer;
and
(2) reciprocity of security clearances at the same level
are recognized in 2 weeks or fewer.
(c) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31,
2021, reinvestigation on a set periodicity is not required
for more than 10 percent of the population that holds a
security clearance.
(d) Equivalent Metrics.--
(1) In general.--If the Council develops a set of
performance metrics that it certifies to the appropriate
congressional committees should achieve substantially
equivalent outcomes as those outlined in subsections (b) and
(c), the Council may use those metrics for purposes of
compliance within this provision.
(2) Notice.--If the Council uses the authority provided by
paragraph (1) to use metrics as described in such paragraph,
the Council shall, not later than 30 days after communicating
such metrics to departments and agencies, notify the
appropriate congressional committees that it is using such
authority.
(e) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners a plan to carry out this
section. Such plan shall include recommended interim
milestones for the goals set forth in subsections (b) and (c)
for 2019, 2020, and 2021.
SEC. 605. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as sections 804
and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence,
or such other officer of the United States as the President
may designate, shall serve as the Security Executive Agent
for all departments and agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent
are as follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable,
polygraphs for eligibility for access to classified
information or eligibility to hold a sensitive position made
by any Federal agency.
``(2) To review the national security background
investigation and adjudication programs of Federal agencies
to determine whether such programs are being implemented in
accordance with this section.
``(3) To develop and issue uniform and consistent policies
and procedures to ensure the effective, efficient, timely,
and secure completion of investigations, polygraphs, and
adjudications relating to determinations of eligibility for
access to classified information or eligibility to hold a
sensitive position.
``(4) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
conduct investigations of persons who are proposed for access
to classified information or for eligibility to hold a
sensitive position to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to classified
information or eligibility to hold a sensitive position, as
applicable.
``(5) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
determine eligibility for access to classified information or
eligibility to hold a sensitive position in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to
access to classified information).
``(6) To ensure reciprocal recognition of eligibility for
access to classified information or eligibility to hold a
sensitive position among Federal agencies, including acting
as the final authority to arbitrate and resolve disputes
among such agencies involving the reciprocity of
investigations and adjudications of eligibility.
``(7) To execute all other duties assigned to the Security
Executive Agent by law.
[[Page S3563]]
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the heads of
Federal agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, timeliness, and
security in processes relating to determinations by such
agencies of eligibility for access to classified information
or eligibility to hold a sensitive position, including such
matters as investigations, polygraphs, adjudications, and
reciprocity;
``(2) have the authority to grant exceptions to, or waivers
of, national security investigative requirements, including
issuing implementing or clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in part, to
the head of any Federal agency (solely or jointly) any of the
duties of the Security Executive Agent described in
subsection (b) or the authorities described in paragraphs (1)
and (2), provided that the exercise of such assigned duties
or authorities is subject to the oversight of the Security
Executive Agent, including such terms and conditions
(including approval by the Security Executive Agent) as the
Security Executive Agent determines appropriate; and
``(4) define and set standards for continuous evaluation
for continued access to classified information and for
eligibility to hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--
Not later than 30 days after the date on which the Chairman
of the Council submits to the appropriate congressional
committees the report required by section 602(b)(2)(A), the
Chairman shall submit to the appropriate congressional
committees such recommendations as the Chairman may have for
revising the authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such
Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking ``in
section 804'' and inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the
matter preceding section 2 of such Act (50 U.S.C. 3002) is
amended by striking the items relating to sections 803 and
804 and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE
STANDARDS FOR POSITIONS OF TRUST AND SECURITY
CLEARANCES.
Not later than 90 days after the date of the enactment of
this Act, the Security Executive Agent and the Suitability
and Credentialing Executive Agent, in coordination with the
other members of the Council, shall jointly submit to the
appropriate congressional committees and make available to
appropriate industry partners a report regarding the
advisability and the risks, benefits, and costs to the
Government and to industry of consolidating to not more than
3 tiers for positions of trust and security clearances.
SEC. 607. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to
reflect the greater mobility of the modern workforce,
alternative methodologies merit analysis to allow greater
flexibility for individuals moving in and out of positions
that require access to classified information, while still
preserving security.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a report that
describes the requirements, feasibility, and advisability of
implementing a clearance in person concept described in
subsection (c).
(c) Clearance in Person Concept.--The clearance in person
concept--
(1) permits an individual who once held a security
clearance to maintain his or her eligibility for access to
classified information, networks, and facilities for up to 3
years after the individual's eligibility for access to
classified information would otherwise lapse; and
(2) recognizes, unless otherwise directed by the Security
Executive Agent, an individual's security clearance and
background investigation as current, regardless of employment
status, contingent on enrollment in a continuous vetting
program.
(d) Contents.--The report required under subsection (b)
shall address--
(1) requirements for an individual to voluntarily remain in
a continuous evaluation program validated by the Security
Executive Agent even if the individual is not in a position
requiring access to classified information;
(2) appropriate safeguards for privacy;
(3) advantages to government and industry;
(4) the costs and savings associated with implementation;
(5) the risks of such implementation, including security
and counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent
contractors.
SEC. 608. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR
BACKGROUND INVESTIGATIONS.
(a) In General.--As part of the fiscal year 2020 budget
request submitted to Congress pursuant to section 1105(a) of
title 31, United States Code, the President shall include
exhibits that identify the resources expended by each agency
during the prior fiscal year for processing background
investigations and continuous evaluation programs,
disaggregated by tier and whether the individual was a
Government employee or contractor.
(b) Contents.--Each exhibit submitted under subsection (a)
shall include details on--
(1) the costs of background investigations or
reinvestigations;
(2) the costs associated with background investigations for
Government or contract personnel;
(3) costs associated with continuous evaluation initiatives
monitoring for each person for whom a background
investigation or reinvestigation was conducted, other than
costs associated with adjudication;
(4) the average per person cost for each type of background
investigation; and
(5) a summary of transfers and reprogrammings that were
executed in the previous year to support the processing of
security clearances.
SEC. 609. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES
INSIDE OF DEPARTMENTS AND AGENCIES.
(a) Reciprocally Recognized Defined.--In this section, the
term ``reciprocally recognized'' means reciprocal recognition
by Federal departments and agencies of eligibility for access
to classified information.
(b) Reports to Security Executive Agent.--The head of each
Federal department or agency shall submit an annual report to
the Security Executive Agent that--
(1) identifies the number of individuals whose security
clearances take more than 2 weeks to be reciprocally
recognized after such individuals move to another part of
such department or agency; and
(2) breaks out the information described in paragraph (1)
by type of clearance and the reasons for any delays.
(c) Annual Report.--Not less frequently than once each
year, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to
industry partners an annual report that summarizes the
information received pursuant to subsection (b) during the
period covered by such report.
SEC. 610. INTELLIGENCE COMMUNITY REPORTS ON SECURITY
CLEARANCES.
Section 506H of the National Security Act of 1947 (50
U.S.C. 3104) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
(B) in subparagraph (B)(ii), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Intelligence Community Reports.--(1)(A) Not later
than March 1 of each year, the Director of National
Intelligence shall submit a report to the congressional
intelligence committees, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives regarding the security clearances processed
by each element of the intelligence community during the
preceding fiscal year.
``(B) The Director shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives such portions of the report
submitted under subparagraph (A) as the Director determines
address elements of the intelligence community that are
within the Department of Defense.
``(C) Each report submitted under this paragraph shall
separately identify security clearances processed for Federal
employees and contractor employees sponsored by each such
element.
``(2) Each report submitted under paragraph (1)(A) shall
include, for each element of the intelligence community for
the fiscal year covered by the report, the following:
``(A) The total number of initial security clearance
background investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to the
prospective applicant, including--
``(i) the total number of such adjudications that were
adjudicated favorably and granted access to classified
information; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or
revocation of a security clearance.
``(D) The total number of security clearance periodic
background investigations that were adjudicated with notice
of a determination provided to the existing employee,
including--
``(i) the total number of such adjudications that were
adjudicated favorably; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or
revocation of a security clearance.
``(E) The total number of pending security clearance
background investigations, including initial applicant
investigations and periodic reinvestigations, that were not
adjudicated as of the last day of such year and that remained
pending, categorized as follows:
[[Page S3564]]
``(i) For 180 days or shorter.
``(ii) For longer than 180 days, but shorter than 12
months.
``(iii) For 12 months or longer, but shorter than 18
months.
``(iv) For 18 months or longer, but shorter than 24 months.
``(v) For 24 months or longer.
``(F) For any security clearance determinations completed
or pending during the year preceding the year for which the
report is submitted that have taken longer than 12 months to
complete--
``(i) an explanation of the causes for the delays incurred
during the period covered by the report; and
``(ii) the number of such delays involving a polygraph
requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that
resulted in a denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations
that resulted in incomplete information.
``(I) The percentage of security clearance investigations
that did not result in enough information to make a decision
on potentially adverse information.
``(3) The report required under this subsection shall be
submitted in unclassified form, but may include a classified
annex.''; and
(4) in subsection (c), as redesignated, by striking
``subsection (a)(1)'' and inserting ``subsections (a)(1) and
(b)''.
SEC. 611. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE
COMMUNITY THAT CAN BE CONDUCTED WITHOUT ACCESS
TO CLASSIFIED INFORMATION, NETWORKS, OR
FACILITIES.
Not later than 180 days after the date of the enactment of
this Act and not less frequently than once every 5 years
thereafter, the Director of National Intelligence shall
submit to the congressional intelligence committees a report
that reviews the intelligence community for which positions
can be conducted without access to classified information,
networks, or facilities, or may only require a security
clearance at the secret level.
SEC. 612. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST
AND SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
establish and implement a program to share between and among
agencies of the Federal Government and industry partners of
the Federal Government relevant background information
regarding individuals applying for and currently occupying
national security positions and positions of trust, in order
to ensure the Federal Government maintains a trusted
workforce.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Trusted Information Provider
Program'' (in this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
ensure that the Program includes such safeguards for privacy
as the Security Executive Agent and the Suitability and
Credentialing Executive Agent consider appropriate.
(c) Provision of Information to the Federal Government.--
The Program shall include requirements that enable
investigative service providers and agencies of the Federal
Government to leverage certain pre-employment information
gathered during the employment or military recruiting
process, and other relevant security or human resources
information obtained during employment with or for the
Federal Government, that satisfy Federal investigative
standards, while safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant
to obtaining or maintaining national security, suitability,
fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a plan
for the implementation of the Program.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability
and Credentialing Executive Agent consider appropriate to
carry out or improve the Program.
(f) Plan for Pilot Program on Two-way Information
Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a plan
for the implementation of a pilot program to assess the
feasibility and advisability of expanding the Program to
include the sharing of information held by the Federal
Government related to contract personnel with the security
office of the employers of those contractor personnel.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability
and Credentialing Executive Agent consider appropriate to
carry out or improve the pilot program.
(g) Review.--Not later than 1 year after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a review of the
plans submitted under subsections (e)(1) and (f)(1) and
utility and effectiveness of the programs described in such
plans.
SEC. 613. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF
WHISTLEBLOWER-RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Security Executive Agent shall, in coordination
with the Inspector General of the Intelligence Community,
submit to the appropriate congressional committees a report
detailing the controls employed by the intelligence community
to ensure that continuous vetting programs, including those
involving user activity monitoring, protect the
confidentiality of whistleblower-related communications.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
SEC. 701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF
CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(b) Limitation.--
(1) In general.--No amount may be expended by the Federal
Government, other than the Department of Defense, to enter
into or implement any bilateral agreement between the United
States and the Russian Federation regarding cybersecurity,
including the establishment or support of any cybersecurity
unit, unless, at least 30 days prior to the conclusion of any
such agreement, the Director of National Intelligence submits
to the appropriate congressional committees a report on such
agreement that includes the elements required by subsection
(c).
(2) Department of defense agreements.--Any agreement
between the Department of Defense and the Russian Federation
regarding cybersecurity shall be conducted in accordance with
section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), as amended by section
1231 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
(c) Elements.--If the Director submits a report under
subsection (b) with respect to an agreement, such report
shall include a description of each of the following:
(1) The purpose of the agreement.
(2) The nature of any intelligence to be shared pursuant to
the agreement.
(3) The expected value to national security resulting from
the implementation of the agreement.
(4) Such counterintelligence concerns associated with the
agreement as the Director may have and such measures as the
Director expects to be taken to mitigate such concerns.
(d) Rule of Construction.--This section shall not be
construed to affect any existing authority of the Director of
National Intelligence, the Director of the Central
Intelligence Agency, or another head of an element of the
intelligence community, to share or receive foreign
intelligence on a case-by-case basis.
SEC. 702. REPORT ON RETURNING RUSSIAN COMPOUNDS.
(a) Covered Compounds Defined.--In this section, the term
``covered compounds'' means the real property in New York,
the real property in Maryland, and the real property in San
Francisco, California, that were
[[Page S3565]]
under the control of the Government of Russia in 2016 and
were removed from such control in response to various
transgressions by the Government of Russia, including the
interference by the Government of Russia in the 2016 election
in the United States.
(b) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees, and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives (only with respect to the
unclassified report), a report on the intelligence risks of
returning the covered compounds to Russian control.
(c) Form of Report.--The report required by this section
shall be submitted in classified and unclassified forms.
SEC. 703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Threat Finance Defined.--In this section, the term
``threat finance'' means--
(1) the financing of cyber operations, global influence
campaigns, intelligence service activities, proliferation,
terrorism, or transnational crime and drug organizations;
(2) the methods and entities used to spend, store, move,
raise, conceal, or launder money or value, on behalf of
threat actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity domestically or
internationally, as defined by the President.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
the Treasury for Intelligence and Analysis, shall submit to
the congressional intelligence committees a report containing
an assessment of Russian threat finance. The assessment shall
be based on intelligence from all sources, including from the
Office of Terrorism and Financial Intelligence of the
Department of the Treasury.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) A summary of leading examples from the 3-year period
preceding the date of the submittal of the report of threat
finance activities conducted by, for the benefit of, or at
the behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any provision of law
imposing sanctions with respect to Russia;
(C) Russian nationals subject to sanctions under any other
provision of law; or
(D) Russian oligarchs or organized criminals.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including
common methods of conducting such activities and global nodes
of money laundering used by Russian threat actors described
in paragraph (1) and associated entities.
(3) An assessment of any connections between Russian
individuals involved in money laundering and the Government
of Russia.
(4) A summary of engagement and coordination with
international partners on threat finance relating to Russia,
especially in Europe, including examples of such engagement
and coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
(B) any vulnerabilities within the United States legal and
financial system, including specific sectors, which have been
or could be exploited in connection with Russian threat
finance activities; and
(C) the counterintelligence threat posed by Russian money
laundering and other forms of threat finance, as well as the
threat to the United States financial system and United
States efforts to enforce sanctions and combat organized
crime.
(7) Any other matters the Director determines appropriate.
(d) Form of Report.--The report required under subsection
(b) may be submitted in classified form.
SEC. 704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(C) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(b) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the Director of the Federal
Bureau of Investigation and the head of any other relevant
agency, shall notify the congressional leadership and the
Chairman and Vice Chairman or Ranking Member of each of the
appropriate congressional committees, and of other relevant
committees of jurisdiction, each time the Director of
National Intelligence determines there is credible
information that a foreign power has, is, or will attempt to
employ a covert influence or active measures campaign with
regard to the modernization, employment, doctrine, or force
posture of the nuclear deterrent or missile defense.
(c) Content of Notification.--Each notification required by
subsection (b) shall include information concerning actions
taken by the United States to expose or halt an attempt
referred to in subsection (b).
SEC. 705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND
CONSULAR PERSONNEL OF THE RUSSIAN FEDERATION IN
THE UNITED STATES.
In carrying out the advance notification requirements set
out in section 502 of the Intelligence Authorization Act for
Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat.
825; 22 U.S.C. 254a note), the Secretary of State shall--
(1) ensure that the Russian Federation provides
notification to the Secretary of State at least 2 business
days in advance of all travel that is subject to such
requirements by accredited diplomatic and consular personnel
of the Russian Federation in the United States, and take
necessary action to secure full compliance by Russian
personnel and address any noncompliance; and
(2) provide notice of travel described in paragraph (1) to
the Director of National Intelligence and the Director of the
Federal Bureau of Investigation within 1 hour of receiving
notice of such travel.
SEC. 706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS FROM
UNITED STATES ADVERSARIES TO THE UNITED STATES
TECHNOLOGY SECTOR.
(a) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(3) the Committee on Armed Services, Committee on Homeland
Security, and the Committee on Oversight and Reform of the
House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report detailing outreach by the intelligence
community and the Defense Intelligence Enterprise to United
States industrial, commercial, scientific, technical, and
academic communities on matters relating to the efforts of
adversaries of the United States to acquire critical United
States technology, intellectual property, and research and
development information.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) A review of the current outreach efforts of the
intelligence community and the Defense Intelligence
Enterprise described in subsection (b), including the type of
information conveyed in the outreach.
(2) A determination of the appropriate element of the
intelligence community to lead such outreach efforts.
(3) An assessment of potential methods for improving the
effectiveness of such outreach, including an assessment of
the following:
(A) Those critical technologies, infrastructure, or related
supply chains that are at risk from the efforts of
adversaries described in subsection (b).
(B) The necessity and advisability of granting security
clearances to company or community leadership, when necessary
and appropriate, to allow for tailored classified briefings
on specific targeted threats.
(C) The advisability of partnering with entities of the
Federal Government that are not elements of the intelligence
community and relevant regulatory and industry groups
described in subsection (b), to convey key messages across
sectors targeted by United States adversaries.
(D) Strategies to assist affected elements of the
communities described in subparagraph (C) in mitigating,
deterring, and protecting against the broad range of threats
from the efforts of adversaries described in subsection (b),
with focus on producing information that enables private
entities to justify business decisions related to national
security concerns.
(E) The advisability of the establishment of a United
States Government-wide task force to coordinate outreach and
activities to combat the threats from efforts of adversaries
described in subsection (b).
(F) Such other matters as the Director of National
Intelligence may consider necessary.
(d) Consultation Encouraged.--In preparing the report
required by subsection (b), the Director is encouraged to
consult with other government agencies, think tanks,
academia, representatives of the financial industry, or such
other entities as the Director considers appropriate.
(e) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex as necessary.
SEC. 707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA
AND LEBANON.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
[[Page S3566]]
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Arms or related material.--The term ``arms or related
material'' means--
(A) nuclear, biological, chemical, or radiological weapons
or materials or components of such weapons;
(B) ballistic or cruise missile weapons or materials or
components of such weapons;
(C) destabilizing numbers and types of advanced
conventional weapons;
(D) defense articles or defense services, as those terms
are defined in paragraphs (3) and (4), respectively, of
section 47 of the Arms Export Control Act (22 U.S.C. 2794);
(E) defense information, as that term is defined in section
644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403);
or
(F) items designated by the President for purposes of the
United States Munitions List under section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on Iranian support of proxy forces in Syria
and Lebanon and the threat posed to Israel, other United
States regional allies, and other specified interests of the
United States as a result of such support.
(c) Matters for Inclusion.--The report required under
subsection (b) shall include information relating to the
following matters with respect to both the strategic and
tactical implications for the United States and its allies:
(1) A description of arms or related materiel transferred
by Iran to Hizballah since March 2011, including the number
of such arms or related materiel and whether such transfer
was by land, sea, or air, as well as financial and additional
technological capabilities transferred by Iran to Hizballah.
(2) A description of Iranian and Iranian-controlled
personnel, including Hizballah, Shiite militias, and Iran's
Revolutionary Guard Corps forces, operating within Syria,
including the number and geographic distribution of such
personnel operating within 30 kilometers of the Israeli
borders with Syria and Lebanon.
(3) An assessment of Hizballah's operational lessons
learned based on its recent experiences in Syria.
(4) A description of any rocket-producing facilities in
Lebanon for nonstate actors, including whether such
facilities were assessed to be built at the direction of
Hizballah leadership, Iranian leadership, or in consultation
between Iranian leadership and Hizballah leadership.
(5) An analysis of the foreign and domestic supply chains
that significantly facilitate, support, or otherwise aid
Hizballah's acquisition or development of missile production
facilities, including the geographic distribution of such
foreign and domestic supply chains.
(6) An assessment of the provision of goods, services, or
technology transferred by Iran or its affiliates to Hizballah
to indigenously manufacture or otherwise produce missiles.
(7) An identification of foreign persons that are based on
credible information, facilitating the transfer of
significant financial support or arms or related materiel to
Hizballah.
(8) A description of the threat posed to Israel and other
United States allies in the Middle East by the transfer of
arms or related material or other support offered to
Hizballah and other proxies from Iran.
(d) Form of Report.--The report required under subsection
(b) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING
FOREIGN MILITARY AND TERRORIST ACTIVITIES.
(a) Annual Report Required.--Not later than 90 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence shall submit to Congress a report describing
Iranian expenditures in the previous calendar year on
military and terrorist activities outside the country,
including each of the following:
(1) The amount spent in such calendar year on activities by
the Islamic Revolutionary Guard Corps, including activities
providing support for--
(A) Hizballah;
(B) Houthi rebels in Yemen;
(C) Hamas;
(D) proxy forces in Iraq and Syria; or
(E) any other entity or country the Director determines to
be relevant.
(2) The amount spent in such calendar year for ballistic
missile research and testing or other activities that the
Director determines are destabilizing to the Middle East
region.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE
MEASURES AND REPORT ON ESTABLISHMENT OF FOREIGN
MALIGN INFLUENCE CENTER.
(a) Scope of Committee to Counter Active Measures.--
(1) In general.--Section 501 of the Intelligence
Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50
U.S.C. 3001 note) is amended--
(A) in subsections (a) through (h)--
(i) by inserting ``, the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or other nation state'' after ``Russian Federation''
each place it appears; and
(ii) by inserting ``, China, Iran, North Korea, or other
nation state'' after ``Russia'' each place it appears; and
(B) in the section heading, by inserting ``, the people's
republic of china, the islamic republic of iran, the
democratic people's republic of korea, or other nation
state'' after ``russian federation''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 501 and inserting the following new item:
``Sec. 501. Committee to counter active measures by the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, the Democratic People's Republic of
Korea, and other nation states to exert covert influence
over peoples and governments.''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with such elements of the
intelligence community as the Director considers relevant,
shall submit to the congressional intelligence committees a
report on the feasibility and advisability of establishing a
center, to be known as the ``Foreign Malign Influence
Response Center'', that--
(A) is comprised of analysts from all appropriate elements
of the intelligence community, including elements with
related diplomatic and law enforcement functions;
(B) has access to all intelligence and other reporting
acquired by the United States Government on foreign efforts
to influence, through overt and covert malign activities,
United States political processes and elections;
(C) provides comprehensive assessment, and indications and
warning, of such activities; and
(D) provides for enhanced dissemination of such assessment
to United States policy makers.
(2) Contents.--The Report required by paragraph (1) shall
include the following:
(A) A discussion of the desirability of the establishment
of such center and any barriers to such establishment.
(B) Such recommendations and other matters as the Director
considers appropriate.
Subtitle B--Reports
SEC. 711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY.
Section 11001(d) of title 5, United States Code, is
amended--
(1) in the subsection heading, by striking ``Audit'' and
inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and inserting
``review''; and
(3) in paragraph (2), by striking ``audit'' and inserting
``review''.
SEC. 712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE
OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Homeland security intelligence enterprise.--The term
``Homeland Security Intelligence Enterprise'' has the meaning
given such term in Department of Homeland Security
Instruction Number 264-01-001, or successor authority.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Under Secretary of
Homeland Security for Intelligence and Analysis, shall submit
to the appropriate committees of Congress a report on the
authorities of the Under Secretary.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) An analysis of whether the Under Secretary has the
legal and policy authority necessary to organize and lead the
Homeland Security Intelligence Enterprise, with respect to
intelligence, and, if not, a description of--
(A) the obstacles to exercising the authorities of the
Chief Intelligence Officer of the Department and the Homeland
Security Intelligence Council, of which the Chief
Intelligence Officer is the chair; and
(B) the legal and policy changes necessary to effectively
coordinate, organize, and lead intelligence activities of the
Department of Homeland Security.
(2) A description of the actions that the Secretary has
taken to address the inability of the Under Secretary to
require components of the Department, other than the Office
of Intelligence and Analysis of the Department to--
(A) coordinate intelligence programs; and
(B) integrate and standardize intelligence products
produced by such other components.
[[Page S3567]]
SEC. 713. REPORT ON CYBER EXCHANGE PROGRAM.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the potential establishment of a fully voluntary
exchange program between elements of the intelligence
community and private technology companies under which--
(1) an employee of an element of the intelligence community
with demonstrated expertise and work experience in
cybersecurity or related disciplines may elect to be
temporarily detailed to a private technology company that has
elected to receive the detailee; and
(2) an employee of a private technology company with
demonstrated expertise and work experience in cybersecurity
or related disciplines may elect to be temporarily detailed
to an element of the intelligence community that has elected
to receive the detailee.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An assessment of the feasibility of establishing the
exchange program described in such subsection.
(2) Identification of any challenges in establishing the
exchange program.
(3) An evaluation of the benefits to the intelligence
community that would result from the exchange program.
SEC. 714. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER
MATTERS.
(a) Review of Whistleblower Matters.--The Inspector General
of the Intelligence Community, in consultation with the
inspectors general for the Central Intelligence Agency, the
National Security Agency, the National Geospatial-
Intelligence Agency, the Defense Intelligence Agency, and the
National Reconnaissance Office, shall conduct a review of the
authorities, policies, investigatory standards, and other
practices and procedures relating to intelligence community
whistleblower matters, with respect to such inspectors
general.
(b) Objective of Review.--The objective of the review
required under subsection (a) is to identify any
discrepancies, inconsistencies, or other issues, which
frustrate the timely and effective reporting of intelligence
community whistleblower matters to appropriate inspectors
general and to the congressional intelligence committees, and
the fair and expeditious investigation and resolution of such
matters.
(c) Conduct of Review.--The Inspector General of the
Intelligence Community shall take such measures as the
Inspector General determines necessary in order to ensure
that the review required by subsection (a) is conducted in an
independent and objective fashion.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a written report containing the
results of the review required under subsection (a), along
with recommendations to improve the timely and effective
reporting of intelligence community whistleblower matters to
inspectors general and to the congressional intelligence
committees and the fair and expeditious investigation and
resolution of such matters.
SEC. 715. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE
WITH RESPECT TO CERTAIN FOREIGN INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the heads of the elements of the
intelligence community determined appropriate by the
Director, shall submit to the congressional intelligence
committees a report on the role of the Director in preparing
analytic materials in connection with the evaluation by the
Federal Government of national security risks associated with
potential foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall
include--
(1) a description of the current process for the provision
of the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the
Director, including the sufficiency of resources and
personnel to prepare such materials; and
(3) recommendations to improve such process.
SEC. 716. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS
AGAINST UNITED STATES TELECOMMUNICATIONS
NETWORKS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall, in coordination with the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, the Director of the Federal Bureau of Investigation,
and the Secretary of Homeland Security, submit to the
appropriate congressional committees a report describing--
(1) any attempts known to the intelligence community by
foreign governments to exploit cybersecurity vulnerabilities
in United States telecommunications networks (including
Signaling System No. 7) to target for surveillance United
States persons, including employees of the Federal
Government; and
(2) any actions, as of the date of the enactment of this
Act, taken by the intelligence community to protect agencies
and personnel of the United States Government from
surveillance conducted by foreign governments.
SEC. 717. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS.
(a) Intelligence Community Interagency Working Group.--
(1) Requirement to establish.--The Director of National
Intelligence shall establish an intelligence community
interagency working group to prepare the biennial reports
required by subsection (b).
(2) Chairperson.--The Director of National Intelligence
shall serve as the chairperson of such interagency working
group.
(3) Membership.--Such interagency working group shall be
composed of representatives of each element of the
intelligence community that the Director of National
Intelligence determines appropriate.
(b) Biennial Report on Foreign Investment Risks.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 2 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives a report on
foreign investment risks prepared by the interagency working
group established under subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include identification, analysis, and explanation of the
following:
(A) Any current or projected major threats to the national
security of the United States with respect to foreign
investment.
(B) Any strategy used by a foreign country that such
interagency working group has identified to be a country of
special concern to use foreign investment to target the
acquisition of critical technologies, critical materials, or
critical infrastructure.
(C) Any economic espionage efforts directed at the United
States by a foreign country, particularly such a country of
special concern.
SEC. 718. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON
TRAVEL OF FOREIGN DIPLOMATS.
Section 502(d)(2) of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31) is amended by striking
``the number'' and inserting ``a best estimate''.
SEC. 719. SEMIANNUAL REPORTS ON INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Covered official.--The term `covered official'
means--
``(A) the heads of each element of the intelligence
community; and
``(B) the inspectors general with oversight responsibility
for an element of the intelligence community.
``(2) Investigation.--The term `investigation' means any
inquiry, whether formal or informal, into the existence of an
unauthorized public disclosure of classified information.
``(3) Unauthorized disclosure of classified information.--
The term `unauthorized disclosure of classified information'
means any unauthorized disclosure of classified information
to any recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure of
classified information' means the unauthorized disclosure of
classified information to a journalist or media organization.
``(b) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once every 6
months, each covered official shall submit to the
congressional intelligence committees a report on
investigations of unauthorized public disclosures of
classified information.
``(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to the preceding 6-month period,
the following:
``(A) The number of investigations opened by the covered
official regarding an unauthorized public disclosure of
classified information.
``(B) The number of investigations completed by the covered
official regarding an unauthorized public disclosure of
classified information.
``(C) Of the number of such completed investigations
identified under subparagraph (B), the number referred to the
Attorney General for criminal investigation.
[[Page S3568]]
``(c) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once every 6
months, the Assistant Attorney General for National Security
of the Department of Justice, in consultation with the
Director of the Federal Bureau of Investigation, shall submit
to the congressional intelligence committees, the Committee
on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report on the
status of each referral made to the Department of Justice
from any element of the intelligence community regarding an
unauthorized disclosure of classified information made during
the most recent 365-day period or any referral that has not
yet been closed, regardless of the date the referral was
made.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for each referral covered by the report, at a
minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the alleged
unauthorized disclosure described in the referral was
substantiated by the Department of Justice.
``(C) A statement indicating the highest level of
classification of the information that was revealed in the
unauthorized disclosure.
``(D) A statement indicating whether an open criminal
investigation related to the referral is active.
``(E) A statement indicating whether any criminal charges
have been filed related to the referral.
``(F) A statement indicating whether the Department of
Justice has been able to attribute the unauthorized
disclosure to a particular entity or individual.
``(d) Form of Reports.--Each report submitted under this
section shall be submitted in unclassified form, but may have
a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 1104 the
following new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 720. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF
COVERED INTELLIGENCE OFFICER AS PERSONA NON
GRATA.
(a) Covered Intelligence Officer Defined.--In this section,
the term ``covered intelligence officer'' means--
(1) a United States intelligence officer serving in a post
in a foreign country; or
(2) a known or suspected foreign intelligence officer
serving in a United States post.
(b) Requirement for Reports.--Not later than 72 hours after
a covered intelligence officer is designated as a persona non
grata, the Director of National Intelligence, in consultation
with the Secretary of State, shall submit to the
congressional intelligence committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a notification of
that designation. Each such notification shall include--
(1) the date of the designation;
(2) the basis for the designation; and
(3) a justification for the expulsion.
SEC. 721. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL
GOVERNMENT.
(a) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process'' dated
November 15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities, pursuant to the Vulnerabilities
Equities Policy and Process document or any successor
document.
(3) Vulnerability.--The term ``vulnerability'' means a
weakness in an information system or its components (for
example, system security procedures, hardware design, and
internal controls) that could be exploited or could affect
confidentiality, integrity, or availability of information.
(b) Reports on Process and Criteria Under Vulnerabilities
Equities Policy and Process.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a written report describing--
(A) with respect to each element of the intelligence
community--
(i) the title of the official or officials responsible for
determining whether, pursuant to criteria contained in the
Vulnerabilities Equities Policy and Process document or any
successor document, a vulnerability must be submitted for
review under the Vulnerabilities Equities Process; and
(ii) the process used by such element to make such
determination; and
(B) the roles or responsibilities of that element during a
review of a vulnerability submitted to the Vulnerabilities
Equities Process.
(2) Changes to process or criteria.--Not later than 30 days
after any significant change is made to the process and
criteria used by any element of the intelligence community
for determining whether to submit a vulnerability for review
under the Vulnerabilities Equities Process, such element
shall submit to the congressional intelligence committees a
report describing such change.
(3) Form of reports.--Each report submitted under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each
calendar year, the Director of National Intelligence shall
submit to the congressional intelligence committees a
classified report containing, with respect to the previous
year--
(A) the number of vulnerabilities submitted for review
under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in subparagraph
(A) disclosed to each vendor responsible for correcting the
vulnerability, or to the public, pursuant to the
Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the
vulnerabilities excluded from review under the
Vulnerabilities Equities Process, as described in paragraph
5.4 of the Vulnerabilities Equities Policy and Process
document.
(2) Unclassified information.--Each report submitted under
paragraph (1) shall include an unclassified appendix that
contains--
(A) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process; and
(B) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process known to have been patched.
(3) Non-duplication.--The Director of National Intelligence
may forgo submission of an annual report required under this
subsection for a calendar year, if the Director notifies the
intelligence committees in writing that, with respect to the
same calendar year, an annual report required by paragraph
4.3 of the Vulnerabilities Equities Policy and Process
document already has been submitted to Congress, and such
annual report contains the information that would otherwise
be required to be included in an annual report under this
subsection.
SEC. 722. INSPECTORS GENERAL REPORTS ON CLASSIFICATION.
(a) Reports Required.--Not later than October 1, 2019, each
Inspector General listed in subsection (b) shall submit to
the congressional intelligence committees a report that
includes, with respect to the department or agency of the
Inspector General, analyses of the following:
(1) The accuracy of the application of classification and
handling markers on a representative sample of finished
reports, including such reports that are compartmented.
(2) Compliance with declassification procedures.
(3) The effectiveness of processes for identifying topics
of public or historical importance that merit prioritization
for a declassification review.
(b) Inspectors General Listed.--The Inspectors General
listed in this subsection are as follows:
(1) The Inspector General of the Intelligence Community.
(2) The Inspector General of the Central Intelligence
Agency.
(3) The Inspector General of the National Security Agency.
(4) The Inspector General of the Defense Intelligence
Agency.
(5) The Inspector General of the National Reconnaissance
Office.
(6) The Inspector General of the National Geospatial-
Intelligence Agency.
SEC. 723. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL
SECURITY IMPLICATIONS AND BRIEFING ON EMERGING
INFECTIOUS DISEASE AND PANDEMICS.
(a) Reports on Global Water Insecurity and National
Security Implications.--
(1) Reports required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 5 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the implications of water insecurity
on the national security interest of the United States,
including consideration of social, economic, agricultural,
and environmental factors.
(2) Assessment scope and focus.--Each report submitted
under paragraph (1) shall include an assessment of water
insecurity described in such subsection with a global scope,
but focus on areas of the world--
(A) of strategic, economic, or humanitarian interest to the
United States--
(i) that are, as of the date of the report, at the greatest
risk of instability, conflict, human insecurity, or mass
displacement; or
(ii) where challenges relating to water insecurity are
likely to emerge and become significant during the 5-year or
the 20-year period beginning on the date of the report; and
(B) where challenges relating to water insecurity are
likely to imperil the national security interests of the
United States or allies of the United States.
(3) Consultation.--In researching a report required by
paragraph (1), the Director shall consult with--
[[Page S3569]]
(A) such stakeholders within the intelligence community,
the Department of Defense, and the Department of State as the
Director considers appropriate; and
(B) such additional Federal agencies and persons in the
private sector as the Director considers appropriate.
(4) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Briefing on Emerging Infectious Disease and
Pandemics.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(C) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
(2) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall provide to the appropriate congressional
committees a briefing on the anticipated geopolitical effects
of emerging infectious disease (including deliberate,
accidental, and naturally occurring infectious disease
threats) and pandemics, and their implications on the
national security of the United States.
(3) Content.--The briefing under paragraph (2) shall
include an assessment of--
(A) the economic, social, political, and security risks,
costs, and impacts of emerging infectious diseases on the
United States and the international political and economic
system;
(B) the economic, social, political, and security risks,
costs, and impacts of a major transnational pandemic on the
United States and the international political and economic
system; and
(C) contributing trends and factors to the matters assessed
under subparagraphs (A) and (B).
(4) Examination of response capacity.--In examining the
risks, costs, and impacts of emerging infectious disease and
a possible transnational pandemic under paragraph (3), the
Director of National Intelligence shall also examine in the
briefing under paragraph (2) the response capacity within
affected countries and the international system. In
considering response capacity, the Director shall include--
(A) the ability of affected nations to effectively detect
and manage emerging infectious diseases and a possible
transnational pandemic;
(B) the role and capacity of international organizations
and nongovernmental organizations to respond to emerging
infectious disease and a possible pandemic, and their ability
to coordinate with affected and donor nations; and
(C) the effectiveness of current international frameworks,
agreements, and health systems to respond to emerging
infectious diseases and a possible transnational pandemic.
(5) Form.--The briefing under paragraph (2) may be
classified.
SEC. 724. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN
ELEMENTS OF INTELLIGENCE COMMUNITY AND OTHER
ENTITIES OF THE UNITED STATES GOVERNMENT
REGARDING SIGNIFICANT OPERATIONAL ACTIVITIES OR
POLICY.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Each year, concurrent with the annual
budget request submitted by the President to Congress under
section 1105 of title 31, United States Code, each head of an
element of the intelligence community shall submit to the
congressional intelligence committees a report that lists
each memorandum of understanding or other agreement regarding
significant operational activities or policy entered into
during the most recently completed fiscal year between or
among such element and any other entity of the United States
Government.
``(b) Provision of Documents.--Each head of an element of
an intelligence community who receives a request from the
Select Committee on Intelligence of the Senate or the
Permanent Select Committee on Intelligence of the House of
Representatives for a copy of a memorandum of understanding
or other document listed in a report submitted by the head
under subsection (a) shall submit to such committee the
requested copy as soon as practicable after receiving such
request.''.
SEC. 725. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED
WIRELINE AND WIRELESS TELEPHONE CALLS.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall complete a study on the feasibility of
encrypting unclassified wireline and wireless telephone calls
between personnel in the intelligence community.
(b) Report.--Not later than 90 days after the date on which
the Director completes the study required by subsection (a),
the Director shall submit to the congressional intelligence
committees a report on the Director's findings with respect
to such study.
SEC. 726. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON
HIRING AND RETENTION OF MINORITY EMPLOYEES.
(a) Expansion of Period of Report.--Subsection (a) of
section 114 of the National Security Act of 1947 (50 U.S.C.
3050) is amended by inserting ``and the preceding 5 fiscal
years'' after ``fiscal year''.
(b) Clarification on Disaggregation of Data.--Subsection
(b) of such section is amended, in the matter before
paragraph (1), by striking ``disaggregated data by category
of covered person from each element of the intelligence
community'' and inserting ``data, disaggregated by category
of covered person and by element of the intelligence
community,''.
SEC. 727. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT
AND RELATED PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the issuing of an
Intelligence Community Directive or otherwise, an
intelligence community-wide program for student loan
repayment, student loan forgiveness, financial counseling,
and related matters, for employees of the intelligence
community;
(2) creating such a program would enhance the ability of
the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions;
(3) such a program, including with respect to eligibility
requirements, should be designed so as to maximize the
ability of the elements of the intelligence community to
recruit, hire, and retain highly qualified personnel,
including with respect to mission-critical and hard-to-fill
positions; and
(4) to the extent possible, such a program should be
uniform throughout the intelligence community and publicly
promoted by each element of the intelligence community to
both current employees of the element as well as to
prospective employees of the element.
(b) Report on Potential Intelligence Community-wide
Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in cooperation with the heads of the elements
of the intelligence community and the heads of any other
appropriate department or agency of the Federal Government,
shall submit to the congressional intelligence committees a
report on potentially establishing and carrying out an
intelligence community-wide program for student loan
repayment, student loan forgiveness, financial counseling,
and related matters, as described in subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the financial resources that the
elements of the intelligence community would require to
establish and initially carry out the program specified in
paragraph (1).
(B) A description of the practical steps to establish and
carry out such a program.
(C) The identification of any legislative action the
Director determines necessary to establish and carry out such
a program.
(c) Annual Reports on Established Programs.--
(1) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
program, established pursuant to title X of the National
Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other
provision of law that may be administered or used by an
element of the intelligence community.
(2) Annual reports required.--Not less frequently than once
each year, the Director of National Intelligence shall submit
to the congressional intelligence committees a report on the
covered programs. Each such report shall include, with
respect to the period covered by the report, the following:
(A) The number of personnel from each element of the
intelligence community who used each covered program.
(B) The total amount of funds each element expended for
each such program.
(C) A description of the efforts made by each element to
promote each covered program pursuant to both the personnel
of the element of the intelligence community and to
prospective personnel.
SEC. 728. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-standing Material Weaknesses.--Section
368 of the Intelligence Authorization Act for Fiscal Year
2010 (Public Law 110-259; 50 U.S.C. 3051 note) is hereby
repealed.
(b) Interagency Threat Assessment and Coordination Group.--
Section 210D of the Homeland Security Act of 2002 (6 U.S.C.
124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and'' and inserting a
period; and
(B) by striking paragraph (9).
(c) Inspector General Report.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
[[Page S3570]]
(2) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively.
SEC. 729. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
REPORT ON SENIOR EXECUTIVES OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Senior Executive Service Position Defined.--In this
section, the term ``Senior Executive Service position'' has
the meaning given that term in section 3132(a)(2) of title 5,
United States Code, and includes any position above the GS-
15, step 10, level of the General Schedule under section 5332
of such title.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report on the number of Senior
Executive Service positions in the Office of the Director of
National Intelligence.
(c) Matters Included.--The report under subsection (b)
shall include the following:
(1) The number of required Senior Executive Service
positions for the Office of the Director of National
Intelligence.
(2) Whether such requirements are reasonably based on the
mission of the Office.
(3) A discussion of how the number of the Senior Executive
Service positions in the Office compare to the number of
senior positions at comparable organizations.
(d) Cooperation.--The Director of National Intelligence
shall provide to the Inspector General of the Intelligence
Community any information requested by the Inspector General
of the Intelligence Community that is necessary to carry out
this section by not later than 14 calendar days after the
date on which the Inspector General of the Intelligence
Community makes such request.
SEC. 730. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION
OFFERING PERMANENT RESIDENCE TO SOURCES AND
COOPERATORS.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Federal Bureau of Investigation
shall provide to the congressional intelligence committees a
briefing on the ability of the Federal Bureau of
Investigation to offer, as an inducement to assisting the
Bureau, permanent residence within the United States to
foreign individuals who are sources or cooperators in
counterintelligence or other national security-related
investigations. The briefing shall address the following:
(1) The extent to which the Bureau may make such offers,
whether independently or in conjunction with other agencies
and departments of the United States Government, including a
discussion of the authorities provided by section
101(a)(15)(S) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(S)), section 7 of the Central Intelligence
Agency Act (50 U.S.C. 3508), and any other provision of law
under which the Bureau may make such offers.
(2) An overview of the policies and operational practices
of the Bureau with respect to making such offers.
(3) The sufficiency of such policies and practices with
respect to inducing individuals to cooperate with, serve as
sources for such investigations, or both.
(4) Whether the Director recommends any legislative actions
to improve such policies and practices, particularly with
respect to the counterintelligence efforts of the Bureau.
SEC. 731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE
SOURCES.
(a) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
State for Intelligence and Research and the Assistant
Secretary of the Treasury for Intelligence and Analysis,
shall produce an intelligence assessment of the revenue
sources of the North Korean regime. Such assessment shall
include revenue from the following sources:
(1) Trade in coal, iron, and iron ore.
(2) The provision of fishing rights to North Korean
territorial waters.
(3) Trade in gold, titanium ore, vanadium ore, copper,
silver, nickel, zinc, or rare earth minerals, and other
stores of value.
(4) Trade in textiles.
(5) Sales of conventional defense articles and services.
(6) Sales of controlled goods, ballistic missiles, and
other associated items.
(7) Other types of manufacturing for export, as the
Director of National Intelligence considers appropriate.
(8) The exportation of workers from North Korea in a manner
intended to generate significant revenue, directly or
indirectly, for use by the government of North Korea.
(9) The provision of nonhumanitarian goods (such as food,
medicine, and medical devices) and services by other
countries.
(10) The provision of services, including banking and other
support, including by entities located in the Russian
Federation, China, and Iran.
(11) Online commercial activities of the Government of
North Korea, including online gambling.
(12) Criminal activities, including cyber-enabled crime and
counterfeit goods.
(b) Elements.--The assessment required under subsection (a)
shall include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and non-financial networks, including supply
chain management, transportation, and facilitation, through
which North Korea accesses the United States and
international financial systems and repatriates and exports
capital, goods, and services; and
(3) the global financial institutions, money services
business, and payment systems that assist North Korea with
financial transactions.
(c) Submittal to Congress.--Upon completion of the
assessment required under subsection (a), the Director of
National Intelligence shall submit to the congressional
intelligence committees a copy of such assessment.
SEC. 732. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL
CURRENCIES BY TERRORIST ACTORS.
(a) Short Title.--This section may be cited as the ``Stop
Terrorist Use of Virtual Currencies Act''.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the Secretary of the Treasury, shall
submit to Congress a report on the possible exploitation of
virtual currencies by terrorist actors. Such report shall
include the following elements:
(1) An assessment of the means and methods by which
international terrorist organizations and State sponsors of
terrorism use virtual currencies.
(2) An assessment of the use by terrorist organizations and
State sponsors of terrorism of virtual currencies compared to
the use by such organizations and States of other forms of
financing to support operations, including an assessment of
the collection posture of the intelligence community on the
use of virtual currencies by such organizations and States.
(3) A description of any existing legal impediments that
inhibit or prevent the intelligence community from collecting
information on or helping prevent the use of virtual
currencies by international terrorist organizations and State
sponsors of terrorism and an identification of any gaps in
existing law that could be exploited for illicit funding by
such organizations and States.
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle C--Other Matters
SEC. 741. PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act
of 2000 (Public Law 106-567; 50 U.S.C. 3161 note) is amended
by striking ``December 31, 2018'' and inserting ``December
31, 2028''.
SEC. 742. SECURING ENERGY INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Energy and Natural Resources of
the Senate; and
(C) the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order
13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to
identification of critical infrastructure where a
cybersecurity incident could reasonably result in
catastrophic regional or national effects on public health or
safety, economic security, or national security.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--The term ``industrial
control system'' means an operational technology used to
measure, control, or manage industrial functions, and
includes supervisory control and data acquisition systems,
distributed control systems, and programmable logic or
embedded controllers.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Program.--The term ``Program'' means the pilot program
established under subsection (b).
(7) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
(b) Pilot Program for Securing Energy Infrastructure.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a 2-year control systems
implementation pilot program within the National Laboratories
for the purposes of--
(1) partnering with covered entities in the energy sector
(including critical component manufacturers in the supply
chain) that voluntarily participate in the Program to
identify new classes of security vulnerabilities of the
covered entities; and
(2) evaluating technology and standards, in partnership
with covered entities, to isolate and defend industrial
control systems of covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities, including--
(A) analog and nondigital control systems;
[[Page S3571]]
(B) purpose-built control systems; and
(C) physical controls.
(c) Working Group to Evaluate Program Standards and Develop
Strategy.--
(1) Establishment.--The Secretary shall establish a working
group--
(A) to evaluate the technology and standards used in the
Program under subsection (b)(2); and
(B) to develop a national cyber-informed engineering
strategy to isolate and defend covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities.
(2) Membership.--The working group established under
paragraph (1) shall be composed of not fewer than 10 members,
to be appointed by the Secretary, at least 1 member of which
shall represent each of the following:
(A) The Department of Energy.
(B) The energy industry, including electric utilities and
manufacturers recommended by the Energy Sector coordinating
councils.
(C)(i) The Department of Homeland Security; or
(ii) the Industrial Control Systems Cyber Emergency
Response Team.
(D) The North American Electric Reliability Corporation.
(E) The Nuclear Regulatory Commission.
(F)(i) The Office of the Director of National Intelligence;
or
(ii) the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)).
(G)(i) The Department of Defense; or
(ii) the Assistant Secretary of Defense for Homeland
Security and America's Security Affairs.
(H) A State or regional energy agency.
(I) A national research body or academic institution.
(J) The National Laboratories.
(d) Reports on the Program.--
(1) Interim report.--Not later than 180 days after the date
on which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees an interim report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(2) Final report.--Not later than 2 years after the date on
which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees a final report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(e) Exemption From Disclosure.--Information shared by or
with the Federal Government or a State, Tribal, or local
government under this section--
(1) shall be deemed to be voluntarily shared information;
(2) shall be exempt from disclosure under section 552 of
title 5, United States Code, or any provision of any State,
Tribal, or local freedom of information law, open government
law, open meetings law, open records law, sunshine law, or
similar law requiring the disclosure of information or
records; and
(3) shall be withheld from the public, without discretion,
under section 552(b)(3) of title 5, United States Code, and
any provision of any State, Tribal, or local law requiring
the disclosure of information or records.
(f) Protection From Liability.--
(1) In general.--A cause of action against a covered entity
for engaging in the voluntary activities authorized under
subsection (b)--
(A) shall not lie or be maintained in any court; and
(B) shall be promptly dismissed by the applicable court.
(2) Voluntary activities.--Nothing in this section subjects
any covered entity to liability for not engaging in the
voluntary activities authorized under subsection (b).
(g) No New Regulatory Authority for Federal Agencies.--
Nothing in this section authorizes the Secretary or the head
of any other department or agency of the Federal Government
to issue new regulations.
(h) Authorization of Appropriations.--
(1) Pilot program.--There is authorized to be appropriated
$10,000,000 to carry out subsection (b).
(2) Working group and report.--There is authorized to be
appropriated $1,500,000 to carry out subsections (c) and (d).
(3) Availability.--Amounts made available under paragraphs
(1) and (2) shall remain available until expended.
SEC. 743. BUG BOUNTY PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(2) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved computer security
specialist or security researcher is temporarily authorized
to identify and report vulnerabilities within the information
system of an agency or department of the United States in
exchange for compensation.
(3) Information system.--The term ``information system''
has the meaning given that term in section 3502 of title 44,
United States Code.
(b) Bug Bounty Program Plan.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Defense,
shall submit to appropriate committees of Congress a
strategic plan for appropriate agencies and departments of
the United States to implement bug bounty programs.
(2) Contents.--The plan required by paragraph (1) shall
include--
(A) an assessment of--
(i) the ``Hack the Pentagon'' pilot program carried out by
the Department of Defense in 2016 and subsequent bug bounty
programs in identifying and reporting vulnerabilities within
the information systems of the Department of Defense; and
(ii) private sector bug bounty programs, including such
programs implemented by leading technology companies in the
United States; and
(B) recommendations on the feasibility of initiating bug
bounty programs at appropriate agencies and departments of
the United States.
SEC. 744. MODIFICATION OF AUTHORITIES RELATING TO THE
NATIONAL INTELLIGENCE UNIVERSITY.
(a) Civilian Faculty Members; Employment and
Compensation.--
(1) In general.--Section 1595(c) of title 10, United States
Code, is amended by adding at the end the following:
``(5) The National Intelligence University.''.
(2) Compensation plan.--The Secretary of Defense shall
provide each person employed as a full-time professor,
instructor, or lecturer at the National Intelligence
University on the date of the enactment of this Act an
opportunity to elect to be paid under the compensation plan
in effect on the day before the date of the enactment of this
Act (with no reduction in pay) or under the authority of
section 1595 of title 10, United States Code, as amended by
paragraph (1).
(b) Acceptance of Faculty Research Grants.--Section 2161 of
such title is amended by adding at the end the following:
``(d) Acceptance of Faculty Research Grants.--The Secretary
of Defense may authorize the President of the National
Intelligence University to accept qualifying research grants
in the same manner and to the same degree as the President of
the National Defense University under section 2165(e) of this
title.''.
(c) Pilot Program on Admission of Private Sector Civilians
to Receive Instruction.--
(1) Pilot program required.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
commence carrying out a pilot program to assess the
feasability and advisability of permitting eligible private
sector employees who work in organizations relevant to
national security to receive instruction at the National
Intelligence University.
(B) Duration.--The Secretary shall carry out the pilot
program during the 3-year period beginning on the date of the
commencement of the pilot program.
(C) Existing program.--The Secretary shall carry out the
pilot program in a manner that is consistent with section
2167 of title 10, United States Code.
(D) Number of participants.--No more than the equivalent of
35 full-time student positions may be filled at any one time
by private sector employees enrolled under the pilot program.
(E) Diplomas and degrees.--Upon successful completion of
the course of instruction in which enrolled, any such private
sector employee may be awarded an appropriate diploma or
degree under section 2161 of title 10, United States Code.
(2) Eligible private sector employees.--
(A) In general.--For purposes of this subsection, an
eligible private sector employee is an individual employed by
a private firm that is engaged in providing to the Department
of Defense, the intelligence community, or other Government
departments or agencies significant and substantial
intelligence or defense-related systems, products, or
services or whose work product is relevant to national
security policy or strategy.
(B) Limitation.--Under this subsection, a private sector
employee admitted for instruction at the National
Intelligence University remains eligible for such instruction
only so long as that person remains employed by the same
firm, holds appropriate security clearances, and complies
with any other applicable security protocols.
(3) Annual certification by secretary of defense.--Under
the pilot program, private sector employees may receive
instruction at the National Intelligence University during
any academic year only if, before the start of that academic
year, the Secretary of Defense determines, and certifies to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives,
that providing instruction to private sector employees under
this section during that year will further the national
security interests of the United States.
[[Page S3572]]
(4) Pilot program requirements.--The Secretary of Defense
shall ensure that--
(A) the curriculum in which private sector employees may be
enrolled under the pilot program is not readily available
through other schools and concentrates on national security-
relevant issues; and
(B) the course offerings at the National Intelligence
University are determined by the needs of the Department of
Defense and the intelligence community.
(5) Tuition.--The President of the National Intelligence
University shall charge students enrolled under the pilot
program a rate that--
(A) is at least the rate charged for employees of the
United States outside the Department of Defense, less
infrastructure costs; and
(B) considers the value to the school and course of the
private sector student.
(6) Standards of conduct.--While receiving instruction at
the National Intelligence University, students enrolled under
the pilot program, to the extent practicable, are subject to
the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to
Government civilian employees receiving instruction at the
university.
(7) Use of funds.--
(A) In general.--Amounts received by the National
Intelligence University for instruction of students enrolled
under the pilot program shall be retained by the university
to defray the costs of such instruction.
(B) Records.--The source, and the disposition, of such
funds shall be specifically identified in records of the
university.
(8) Reports.--
(A) Annual reports.--Each academic year in which the pilot
program is carried out, the Secretary shall submit to the
congressional intelligence committees, the Committee on Armed
Services of the Senate, and the Committee on Armed Services
of the House of Representatives a report on the number of
eligible private sector employees participating in the pilot
program.
(B) Final report.--Not later than 90 days after the date of
the conclusion of the pilot program, the Secretary shall
submit to the congressional intelligence committees, the
Committee on Armed Services of the Senate, and the Committee
on Armed Services of the House of Representatives a report on
the findings of the Secretary with respect to the pilot
program. Such report shall include--
(i) the findings of the Secretary with respect to the
feasability and advisability of permitting eligible private
sector employees who work in organizations relevant to
national security to receive instruction at the National
Intelligence University; and
(ii) a recommendation as to whether the pilot program
should be extended.
SEC. 745. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL
SECURITY ACT OF 1947.
(a) Table of Contents.--The table of contents at the
beginning of the National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
(3) by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions.'';
(4) by striking the items relating to sections 202, 203,
204, 208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further
amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of subsection (g),
by moving the margins of such subparagraph 2 ems to the left;
and
(B) in paragraph (3) of subsection (v), by moving the
margins of such paragraph 2 ems to the left;
(2) in section 106--
(A) by inserting ``sec. 106'' before ``(a)''; and
(B) in subparagraph (I) of paragraph (2) of subsection (b),
by moving the margins of such subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a classified
and an unclassified form'' and inserting ``to Congress in
classified form, but may include an unclassified summary'';
(5) in section 112(c)(1), by striking ``section 103(c)(7)''
and inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of
this Act or other provisions of law, the provisions of title
5, United States Code, shall be applicable to the Department
of Defense.'';
(7) in section 205, by redesignating subsections (b) and
(c) as subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act'' and
inserting ``sections 2, 101, 102, 103, and 303 of this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such paragraph 2 ems to the
left; and
(ii) by moving the margins of subparagraph (B) of such
paragraph 2 ems to the left; and
(B) in paragraph (2) of subsection (d), by moving the
margins of such paragraph 2 ems to the left; and
(13) in subparagraph (B) of paragraph (3) of subsection (a)
of section 504, by moving the margins of such subparagraph 2
ems to the right.
SEC. 746. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF
ENERGY.
(a) National Nuclear Security Administration Act.--Section
3233(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2423(b)) is amended--
(1) by striking ``Administration'' and inserting
``Department''; and
(2) by inserting ``Intelligence and'' after ``the Office
of''.
(b) Atomic Energy Defense Act.--Section 4524(b)(2) of the
Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended
by inserting ``Intelligence and'' after ``The Director of''.
(c) National Security Act of 1947.--Paragraph (2) of
section 106(b) of the National Security Act of 1947 (50
U.S.C. 3041(b)(2)) is amended--
(1) in subparagraph (E), by inserting ``and
Counterintelligence'' after ``Office of Intelligence'';
(2) by striking subparagraph (F);
(3) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively; and
(4) in subparagraph (H), as so redesignated, by realigning
the margin of such subparagraph 2 ems to the left.
SEC. 747. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Definitions.--In this section:
(1) Adversary foreign government.--The term ``adversary
foreign government'' means the government of any of the
following foreign countries:
(A) North Korea.
(B) Iran.
(C) China.
(D) Russia.
(E) Cuba.
(2) Covered classified information.--The term ``covered
classified information'' means classified information that
was--
(A) collected by an element of the intelligence community;
or
(B) provided by the intelligence service or military of a
foreign country to an element of the intelligence community.
(3) Established intelligence channels.--The term
``established intelligence channels'' means methods to
exchange intelligence to coordinate foreign intelligence
relationships, as established pursuant to law by the Director
of National Intelligence, the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, or other head of an element of the intelligence
community.
(4) Individual in the executive branch.--The term
``individual in the executive branch'' means any officer or
employee of the executive branch, including individuals--
(A) occupying a position specified in article II of the
Constitution;
(B) appointed to a position by an individual described in
subparagraph (A); or
(C) serving in the civil service or the Senior Executive
Service (or similar service for senior executives of
particular departments or agencies).
(b) Findings.--Congress finds that section 502 of the
National Security Act of 1947 (50 U.S.C. 3092) requires
elements of the intelligence community to keep the
congressional intelligence committees ``fully and currently
informed'' about all ``intelligence activities'' of the
United States, and to ``furnish to the congressional
intelligence committees any information or material
concerning intelligence activities * * * which is requested
by either of the congressional intelligence committees in
order to carry out its authorized responsibilities.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of 1947 (50
U.S.C. 3092), together with other intelligence community
authorities, obligates an element of the intelligence
community to submit to the congressional intelligence
committees written notification, by not later than 7 days
after becoming aware, that an individual in the executive
branch has disclosed covered classified information to an
official of an adversary foreign government using methods
other than established intelligence channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of classified
information covered by the notification;
(B) a description of such classified information;
(C) identification of the individual who made such
disclosure and the individual to whom such disclosure was
made; and
(D) a summary of the circumstances of such disclosure.
SEC. 748. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE
ACTIVITIES WHEN CONSIDERING WHETHER OR NOT TO
PROVIDE VISAS TO FOREIGN INDIVIDUALS TO BE
ACCREDITED TO A UNITED NATIONS MISSION IN THE
UNITED STATES.
It is the sense of the Congress that the Secretary of
State, in considering whether or not to provide a visa to a
foreign individual to be accredited to a United Nations
mission in the United States, should consider--
[[Page S3573]]
(1) known and suspected intelligence activities, espionage
activities, including activities constituting precursors to
espionage, carried out by the individual against the United
States, foreign allies of the United States, or foreign
partners of the United States; and
(2) the status of an individual as a known or suspected
intelligence officer for a foreign adversary.
SEC. 749. SENSE OF CONGRESS ON WIKILEAKS.
It is the sense of Congress that WikiLeaks and the senior
leadership of WikiLeaks resemble a nonstate hostile
intelligence service often abetted by state actors and should
be treated as such a service by the United States.
______
SA 549. Mr. CORNYN (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1262. UNITED STATES-INDIA DEFENSE COOPERATION IN THE
WESTERN INDIAN OCEAN.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the relevant congressional committees a report on
defense cooperation between the United States and India in
the Western Indian Ocean.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) A description of military activities of the United
States and India, separately, in the Western Indian Ocean.
(B) A description of military cooperation activities
between the United States and India in the areas of
humanitarian assistance, counter terrorism, counter piracy,
maritime security, and other areas as the Secretary
determines appropriate.
(C) A description of how the relevant geographic combatant
commands coordinate their activities with the Indian military
in the Western Indian Ocean.
(D) A description of the mechanisms in place to ensure the
relevant geographic combatant commands maximize defense
cooperation with India in the Western Indian Ocean.
(E) Areas of future opportunity to increase military
engagement with India in the Western Indian Ocean.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Military Cooperation Agreements; Conduct of Regular
Joint Military Training and Operations.--The Secretary of
Defense is authorized to enter into military cooperation
agreements and to conduct regular joint military training and
operations with India in the Western Indian Ocean on behalf
of the United States Government, and after consultation with
the Secretary of State.
(c) Mechanisms to Maximize Defense Cooperation.--The
Secretary of Defense shall ensure that the relevant
geographic combatant commands have proper mechanisms in place
to maximize defense cooperation with India in the Western
Indian Ocean.
(d) Definitions.--In this section:
(1) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
(2) Relevant geographic combatant commands.--The term
``relevant geographic combatant commands'' means the United
States Indo-Pacific Command, United States Central Command,
and United States Africa Command.
(3) Western indian ocean.--The term ``Western Indian
Ocean'' means the area in the Indian Ocean extending from the
west coast of India to the east coast of Africa.
______
SA 550. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. AUTHORIZATION OF BED DOWN OF CERTAIN AIRCRAFT AT
TYNDALL AIR FORCE BASE.
(a) Bed Down.--The Secretary of the Air Force may bed down
three F-35 squadrons and an MQ-9 Wing at Tyndall Air Force
Base.
(b) Use of Innovative Methods and Materials.--In carrying
out the bed down under subsection (a), the Secretary of the
Air Force may use innovative construction methods, materials,
designs, and technologies in order to achieve efficiencies,
cost savings, resiliency, and capability, which may include
the following:
(1) Innovative and resistant basing that is highly
resilient to weather, natural disaster, and climate change.
(2) Open architecture design to evolve with the national
defense strategy.
(3) Efficient ergonomic enterprise for members of the Air
Force in the 21st century.
(c) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to Congress a report on a detailed master plan
of the Secretary for executing all actions, including funding
requirements set forth by fiscal year, to fully recover from
Hurricane Michael and to support the bed down described in
subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) Details of the environmental impact analysis schedule
as required pursuant to the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(B) Planning and design.
(C) Anticipated construction schedule set forth by fiscal
year.
(D) Planned delivery dates of aircraft set forth by fiscal
year.
______
SA 551. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. PROHIBITION ON RELIEF RELATING TO PATENT
INFRINGEMENT.
(a) Definition.--In this section, the term ``covered
entity''--
(1) means an entity that--
(A) is owned by, controlled by, affiliated with, or acting
at the direction of an entity that is organized under the
laws of, or otherwise subject to the jurisdiction of, a
country, the government of which is on the priority watch
list established by the United States Trade Representative
pursuant to section 182(a) of the Trade Act of 1974 (19
U.S.C. 2242(a)); and
(B) has engaged in an action that is prohibited under--
(i) section 1(a) of Executive Order 13873 (84 Fed. Reg.
22689; relating to securing the information and
communications technology and services supply chain); or
(ii) any regulations issued in response to the Executive
Order described in clause (i); and
(2) includes any subsidiary, affiliate, employee, or
representative of, and any related party with respect to, an
entity described in paragraph (1), without regard to the
location or jurisdiction of incorporation of that subsidiary,
affiliate, employee, representative, or party, as applicable.
(b) Prohibition.--Notwithstanding any other provision of
law or regulation, no covered entity may--
(1) bring or maintain an action for infringement of a
patent under title 35, United States Code;
(2) file a complaint with the United States International
Trade Commission for an investigation under section 337 of
the Tariff Act of 1930 (19 U.S.C. 1337); or
(3) otherwise obtain any relief under the laws of the
United States, including for damages, injunctive relief, or
other redress, with respect to a patent issued by the United
States Patent and Trademark Office.
______
SA 552. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title II, add the following:
SEC. ___. DEFENSE MICROELECTRONICS AGENCY.
(a) Establishment.--There is established in the Department
of Defense a Defense Microelectronics Agency--
(1) to provide executive leadership to formally meet the
microelectronics requirements of all elements of the
Department; and
(2) to provide an assured, trusted source for integrated
circuits, ranging from obsolete and legacy components to
state-of-the-practice and state-of-the-art microelectronics
for the Department.
(b) Functions.--The functions of the Defense
Microelectronics Agency are as follows:
(1) Establishing a public private partnership to initiate a
Government owned, contractor operated (GOCO) facility for the
manufacture of microelectronics for the Department in order
to provide the supply
[[Page S3574]]
chain security, dependability, and expediency required to
cost effectively address national defense needs of the United
States. Such partnership shall enable access to state-of-the-
art technology in an environment that can accommodate top-
secret activities.
(2) Creating an annual, moving estimate of 5- and 10-year
future microelectronics needs of the Department, including
processes and design methods.
(3) Collecting and organizing known and projected
technology requirements of the Department relating to
microelectronics.
(4) Enhancing, shaping, and directing Department
microelectronics science and technology budgets and programs
in research, development, test, and evaluation to assure the
requirements collected and organized under paragraph (3) are
met.
(5) Tracking and analyzing microelectronics industry
capabilities, including trusted technology and production
capabilities.
(6) Performing outreach and industry coordination on all
matters relating to the functions under this subsection via
external advisory groups and industry associations.
(7) Arranging trusted foundry capacity as needed at all
tier levels and defining their funding models.
(8) Issuing Departmentwide directions, policies, and
procurement regulations relating to microelectronics.
(9) Overseeing the acquisition of all microelectronics
within the Department of Defense including subsystems within
procurement programs.
(c) Requirements.--
(1) Establishing and publishing department policies.--(A)
The Defense Microelectronics Agency shall establish and
publish policies for the Department on the criticality of
access to advanced integrated circuit technologies and the
need for microelectronics science and technology and research
and development funding.
(B)(i) The Defense Microelectronics Agency shall define and
provide guidance on a subset of microelectronics components
that require special considerations for trustworthiness.
(ii) The guidance required by clause (i) shall include
direction as to when the Department must assure commercial-
off-the-shelf component trustworthiness.
(2) Review of funding levels.--The Defense Microelectronics
Agency shall review and determine if microelectronics science
and technology and research and development funding levels of
the Department are consistent with new priorities.
(3) Formal approach to interagency and interdepartmental
working groups.--(A) The Defense Microelectronics Agency
shall institutionalize a formal approach to interagency and
interdepartmental working groups, including Department of
Defense, Department of Energy, and the intelligence
community, in order to examine threats to and means of
verifying trustworthiness of microelectronic components.
(B) Such groups shall continually evaluate the state of the
art of techniques such as tamper-proof design, life testing,
reverse engineering and chip and package testing for their
practicality for Department of Defense use.
(C) Such working groups shall focus on techniques for
assuring trustworthiness of embedded processors and memories
in array and system-on-a-chip components.
(4) Components requiring highest degree of
trustworthiness.--(A) The Defense Microelectronics Agency
shall establish criteria and process guidelines for
Department of Defense programs and Department prime
contractors on how to identify or classify components
requiring the highest degree of trustworthiness.
(B) The Defense Microelectronics Agency shall develop
procedures and techniques to evaluate the need for
trustworthiness of each microelectronic component in
Department systems.
(d) Transfer of Functions.--
(1) Defense microelectronics activity.--All functions and
resources of the Defense Microelectronics Activity are hereby
functions and resources of the Defense Microelectronics
Agency.
(2) Research, develop, testing, and engineering.--All
research, development, testing, and engineering functions of
the Department relating to microelectronics or semiconductors
and all funding appropriated or otherwise made available to
the Department for such functions are hereby functions and
funding appropriated or otherwise made available for the
Defense Microelectronics Agency.
______
SA 553. Mr. RUBIO (for himself and Mr. Scott of Florida) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SECTION ____. CONSIDERATION OF IMPACT OF HURRICANE MICHAEL IN
MODIFICATION OF CONSTRUCTION CONTRACTS FOR
OFFSHORE PATROL CUTTERS.
Notwithstanding any other provision of law, the Commandant
of the Coast Guard may consider the impact of Hurricane
Michael in modifying, without consideration, a contract
relating to the construction of one or more Offshore Patrol
Cutters if the Commandant determines that the consideration
of such impacts is in the national security interests of the
United States.
______
SA 554. Mr. RUBIO (for himself and Mr. Scott of Florida) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. EXTENSION OF MORATORIUM ON OIL AND GAS LEASING IN
CERTAIN AREAS OF GULF OF MEXICO.
Section 104(a) of the Gulf of Mexico Energy Security Act of
2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended in
the matter preceding paragraph (1) by striking ``June 30,
2022'' and inserting ``June 30, 2027''.
______
SA 555. Mr. RUBIO (for himself and Mr. Scott of Florida) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA
ASSESSMENT AND ACTION PLAN.
(a) In General.--The Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (Public Law 105-383; 33
U.S.C. 4001 et seq.) is amended--
(1) by redesignating sections 605 through 609 as sections
606 through 610, respectively; and
(2) by inserting after section 604 the following:
``SEC. 605. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA.
``(a) South Florida.--In this section, the term `South
Florida' has the same meaning given the term `South Florida
ecosystem' in section 601(a)(5) of the Water Resources
Development Act of 2000 (Public Law 106-541).
``(b) Integrated Assessment.--Not later than 540 days after
the date of enactment of the South Florida Clean Coastal
Waters Act of 2019, the Task Force, in accordance with the
authority under section 603, shall complete and submit to
Congress and the President an integrated assessment that
examines the causes, consequences, and potential approaches
to reduce harmful algal blooms and hypoxia in South Florida,
and the status of, and gaps within, current harmful algal
bloom and hypoxia research, monitoring, management,
prevention, response, and control activities that directly
affect the region by--
``(1) Federal agencies;
``(2) State agencies;
``(3) regional research consortia;
``(4) academia;
``(5) private industry; and
``(6) nongovernmental organizations.
``(c) Action Plan.--
``(1) In general.--Not later than 2 years after the date of
the enactment of the South Florida Clean Coastal Waters Act
of 2019, the Task Force shall develop and submit to Congress
a plan, based on the integrated assessment under subsection
(b), for reducing, mitigating, and controlling harmful algal
blooms and hypoxia in South Florida.
``(2) Contents.--The plan submitted under paragraph (1)
shall--
``(A) address the monitoring needs identified in the
integrated assessment under subsection (b);
``(B) develop a timeline and budgetary requirements for
deployment of future assets;
``(C) identify requirements for the development and
verification of South Florida harmful algal bloom and hypoxia
models, including--
``(i) all assumptions built into the models; and
``(ii) data quality methods used to ensure the best
available data are utilized; and
``(D) propose a plan to implement a remote monitoring
network and early warning system for alerting local
communities in the region to harmful algal bloom risks that
may impact human health.
``(3) Requirements.--In developing the action plan, the
Task Force shall--
``(A) coordinate and consult with the State of Florida, and
affected local and tribal governments;
``(B) consult with representatives from regional academic,
agricultural, industry, and other stakeholder groups;
``(C) ensure that the plan complements and does not
duplicate activities conducted by other Federal or State
agencies, including the South Florida Ecosystem Restoration
Task Force;
[[Page S3575]]
``(D) identify critical research for reducing, mitigating,
and controlling harmful algal bloom events and their effects;
``(E) evaluate cost-effective, incentive-based partnership
approaches;
``(F) ensure that the plan is technically sound and cost-
effective;
``(G) utilize existing research, assessments, reports, and
program activities;
``(H) publish a summary of the proposed plan in the Federal
Register at least 180 days prior to submitting the completed
plan to Congress; and
``(I) after submitting the completed plan to Congress,
provide biennial progress reports on the activities toward
achieving the objectives of the plan.''.
(b) Clerical Amendment and Correction.--The table of
contents in section 2 of the Coast Guard Authorization Act of
1998 (Public Law 105-383) is amended by striking the items
relating to title VI and inserting the following new items:
`TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA
``Sec. 601. Short title.
``Sec. 602. Findings.
``Sec. 603. Assessments.
``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.
``Sec. 603B. Comprehensive research plan and action strategy.
``Sec. 604. Northern Gulf of Mexico hypoxia.
``Sec. 605. South Florida harmful algal blooms and hypoxia.
``Sec. 606. Great Lakes hypoxia and harmful algal blooms.
``Sec. 607. Effect on other Federal authority.
``Sec. 608. Definitions.
``Sec. 609. Authorization of appropriations.''.
______
SA 556. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR
UNITED STATES CITIZENS EMPLOYED BY AIR AMERICA
AND ASSOCIATED ENTITIES.
(a) Amendments.--
(1) In general.--Section 8332(b) of title 5, United States
Code, is amended--
(A) in paragraph (16), by striking ``and'' at the end;
(B) in paragraph (17), by striking the period at the end
and inserting ``; and'';
(C) by inserting after paragraph (17) the following:
``(18) any period of service performed not later than 1977,
while a citizen of the United States, in the employ of Air
America, Inc., or any entity associated with, predecessor to,
or subsidiary to Air America, Inc., including Air Asia
Company Limited, CAT Incorporated, Civil Air Transport
Company Limited, and the Pacific Division of Southern Air
Transport, during the period during which Air America, Inc.,
or the other entity was owned and controlled by the United
States Government.''; and
(D) by adding at the end the following: ``For purposes of
this subchapter, service of the type described in paragraph
(18) of this subsection shall be considered to have been
service as an employee.''.
(2) Exemption from deposit requirement.--Section 8334(g) of
title 5, United States Code, is amended--
(A) in paragraph (5), by striking ``or'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(7) any service for which credit is allowed under section
8332(b)(18) of this title.''.
(b) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by subsection (a) shall apply
with respect to an annuity commencing on or after the
effective date of this section.
(2) Provisions relating to current annuitants.--
(A) Recomputation.--An individual who is entitled to an
annuity for the month in which this section becomes effective
may, upon application submitted to the Office of Personnel
Management not later than 2 years after the effective date of
this section, have the amount of the annuity recomputed as if
the amendments made by subsection (a) had been in effect
throughout all periods of service on the basis of which the
annuity is or may be based.
(B) Effect of recomputation.--A recomputation under
subparagraph (A) shall be effective as of the commencement
date of the annuity, and any additional amounts becoming
payable for periods before the first month for which the
recomputation is reflected in the regular monthly annuity
payments to the individual shall be payable to the individual
in the form of a lump-sum payment.
(3) Provisions relating to individuals eligible for (but
not currently receiving) an annuity.--
(A) In general.--An individual not described in paragraph
(2) who becomes eligible for an annuity or an increased
annuity as a result of the enactment of this section may
elect to have the rights of the individual under subchapter
III of chapter 83 of title 5, United States Code, determined
as if the amendments made by subsection (a) had been in
effect throughout all periods of service on the basis of
which the annuity is or would be based by submitting an
appropriate application to the Office of Personnel Management
not later than 2 years after the later of--
(i) the effective date of this section; or
(ii) the date on which the individual separates from
service.
(B) Commencement date, etc.--
(i) In general.--Any entitlement to an annuity or an
increased annuity resulting from an application submitted
under subparagraph (A) shall be effective as of the
commencement date of the annuity (subject to clause (ii), if
applicable), and any amounts becoming payable for periods
before the first month for which regular monthly annuity
payments begin to be made in accordance with the amendments
made by this section shall be payable to the individual in
the form of a lump-sum payment.
(ii) Retroactivity.--Any determination of the amount, or of
the commencement date, of any annuity, all the requirements
for entitlement to which (including separation, but
disregarding any application requirement) would have been
satisfied before the effective date of this section if this
section had been in effect (but would not then otherwise have
been satisfied absent this section) shall be made as if an
application for the annuity had been submitted as of the
earliest date that would have been allowable, after the
individual's separation from service, if the amendments made
by subsection (a) had been in effect throughout the periods
of service described in subparagraph (A).
(4) Right to file on behalf of a decedent.--
(A) In general.--The regulations prescribed under
subsection (d)(1) shall provide, consistent with the order of
precedence set forth in section 8342(c) of title 5, United
States Code, that a survivor of an individual who performed
service described in section 8332(b)(18) of that title (as
added by subsection (a) of this section)--
(i) may submit an application on behalf of the decedent and
receive any lump-sum payment that would otherwise have been
payable to the decedent under paragraph (2) or (3) of this
subsection; and
(ii) shall submit an application described in subparagraph
(A) not later than the later of--
(I) 2 years after the effective date of this section; or
(II) 1 year after the date of the decedent's death.
(c) Funding.--
(1) Lump-sum payments.--A lump-sum payment under subsection
(b) shall be payable out of the Civil Service Retirement and
Disability Fund.
(2) Unfunded liability.--Any increase in the unfunded
liability of the Civil Service Retirement System attributable
to the enactment of this section shall be financed in
accordance with section 8348(f) of title 5, United States
Code.
(d) Regulations and Special Rule.--
(1) In general.--
(A) In general.--Except as provided in paragraph (2), the
Director of the Office of Personnel Management shall
prescribe any regulations necessary to carry out this
section.
(B) Contents.--In prescribing regulations under
subparagraph (A), the Director of the Office of Personnel
Management shall apply rules similar to the rules established
under section 201 of the Federal Employees' Retirement System
Act of 1986 (Public Law 99-335; 100 Stat. 588) with respect
to any service described in section 8332(b)(18) of title 5,
United States Code (as added by subsection (a) of this
section) that was subject to title II of the Social Security
Act (42 U.S.C. 401 et seq.).
(2) Special rule.--For the purposes of an application for
any benefit that is computed or recomputed taking into
account any service described in section 8332(b)(18) of title
5, United States Code (as added by subsection (a) of this
section), section 8345(i)(2) of that title shall be applied
by deeming the reference to the date of the ``other event
which gives rise to title to the benefit'' to refer to the
effective date of this section, if later than the date of the
event that would otherwise apply.
(e) Definitions.--For purposes of this section--
(1) the term ``annuity'', as used in paragraphs (2) and (3)
of subsection (b), includes a survivor annuity; and
(2) the terms ``survivor'', ``survivor annuitant'', and
``unfunded liability'' have the meanings given those terms in
section 8331 of title 5, United States Code.
(f) Effective Date.--This section shall take effect on the
first day of the first fiscal year beginning after the date
of enactment of this section.
______
SA 557. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
[[Page S3576]]
At the end of subtitle D of title I, add the following:
SEC. 147. LIGHT ATTACK AIRCRAFT.
(a) Procurement Authority for Combat Air Advisor Support.--
The Commander of the United States Special Operations Command
shall have procurement authority for Light Attack Aircraft
for Combat Air Advisor (CAA) mission support.
(b) Authority to Use or Transfer Funds Made Available for
Light Attack Aircraft Experiments.--The Secretary of the Air
Force shall use or transfer amounts authorized to be
appropriated by this Act and otherwise available for Light
Attack Aircraft (LAA) experiments to procure the required
quantity of aircraft for--
(1) Air Combat Command's Air Ground Operations School
(AGOS); and
(2) Air Force Special Operations Command for Combat Air
Advisor (CAA) mission support in accordance with subsection
(a).
______
SA 558. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. FORCE PROTECTION AND PHYSICAL SECURITY
RESPONSIBILITY FOR NON-CANTONMENT FACILITIES OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall--
(1) identify non-cantonment facilities of the Department of
Defense that require force protection and physical security;
(2) establish force protection and physical security
responsibility for non-cantonment facilities of the
Department in the vicinity of existing installations of the
Department that do not fall under the joint base model of the
Department; and
(3) require that the Secretary of the military department
concerned provide funding for adequate force protection and
physical security measures at non-cantonment facilities to
ensure the safety and security of personnel and property not
residing in the main cantonment area.
(b) Policy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall
establish and publish in the Federal Register and on an
Internet website of the Department of Defense a policy for
carrying out the requirements under subsection (a).
(c) Review of Measures and Policy.--In the event of
heightened threat conditions and world events, the Secretary
of Defense shall review the policy under subsection (b) and
the measures undertaken under that policy as the Secretary
considers appropriate.
______
SA 559. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. LIMITATION OF AUTHORITY WITH RESPECT TO PREMIUM
CIGARS.
(a) Exception for Traditional Large and Premium Cigars.--
Section 901(c) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387a(c)) is amended--
(1) in paragraph (2), in the heading, by inserting ``for
certain tobacco leaf'' after ``authority''; and
(2) by adding at the end the following:
``(3) Limitation of authority for certain cigars.--
``(A) In general.--The provisions of this chapter (except
for section 907(d)(3)) shall not apply to traditional large
and premium cigars.
``(B) Rule of construction.--Nothing in this chapter shall
be construed to grant the Secretary authority to promulgate
regulations on any matter that involves traditional large and
premium cigars.
``(C) Traditional large and premium cigar defined.--For
purposes of this paragraph, the term `traditional large and
premium cigar'--
``(i) means any roll of tobacco that is wrapped in 100-
percent leaf tobacco, bunched with 100-percent tobacco
filler, contains no filter, tip or non-tobacco mouthpiece,
weighs at least 6 pounds per 1,000 count, and--
``(I) has a 100 percent leaf tobacco binder and is hand
rolled;
``(II) has a 100-percent leaf tobacco binder and is made
using human hands to lay the leaf tobacco wrapper or binder
onto only one machine that bunches, wraps, and caps each
individual cigar; or
``(III) has a homogenized tobacco leaf binder and is made
in the United States using human hands to lay the 100-percent
leaf tobacco wrapper onto only one machine that bunches,
wraps, and caps each individual cigar; and
``(ii) does not include a cigarette (as such term is
defined by section 900(3)) or a little cigar (as such term is
defined by section 900(11)).''.
(b) Conforming Amendments.--Section 919(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended--
(1) in paragraph (2)(B)(i)(II), by inserting ``, but
excluding traditional large and premium cigars (as such term
is defined under section 901(c)(3))'' before the period; and
(2) in paragraph (5), by inserting ``subject to section
901(c)(3),'' before ``if a user fee''.
______
SA 560. Mr. RUBIO (for himself and Mr. Cornyn) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Western Hemisphere Security Initiative
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``2020 Western Hemisphere
Security Initiative Act''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) The stability and security of the Western Hemisphere
directly impacts the security of the United States. The
nations of the hemisphere are connected in every domain. Our
partnerships are vital to security and prosperity in this
hemisphere, and to our ability to meet complex global
challenges. The security and prosperity of future generations
depend on our trust and cooperation.
(2) The Western Hemisphere is home to more than
1,000,000,000 people and largely unified by respect for
democracy and human rights that is shared by nearly all
nations in the hemisphere.
(3) The United States is in competition with China and
other aspiring global powers in the Western Hemisphere. China
has accelerated expansion of its One Belt One Road Initiative
at a pace that may one day overshadow its expansion in
Southeast Asia and Africa. Russia supports regional
information outlets that spread its false narrative of world
events and United States intentions. Iran has exported its
state support for terrorism to the hemisphere. China and
Russia also support autocratic regimes in Venezuela, Cuba,
and Nicaragua, who are counter to democracy and United States
interests.
(4) The Western Hemisphere continues to experience high
levels of corruption, violence, trafficking in drugs and
other illicit commodities, and illegal migration resulting
from weak institutions and instability. Seventeen of the top
20 most violent countries in the world are in Central
America, the Caribbean, and South America.
(5) The United States National Security Strategy, which was
released in December 2017, states the following:
(A) ``Stable, friendly, and prosperous states in the
Western Hemisphere enhance our security and benefit our
economy. Democratic states connected by shared values and
economic interests will reduce the violence, drug trafficking
and illegal immigration that threaten our common security,
and will limit opportunities for adversaries to operate from
areas of close proximity to us.''
(B) ``The United States also has important and deepening
relationships with key countries in the region. Together we
will build a stable and peaceful hemisphere that increases
economic opportunities for all, improves governance, reduces
the power of criminal organizations, and limits the malign
influence of non-hemispheric forces.''
(C) ``U.S. agencies and foreign partners will target
transnational criminal organization leaders and their support
infrastructure. We will assist countries, particularly in the
Western Hemisphere, to break the power of these organizations
and networks.''
(6) The ``Summary of the 2018 National Defense Strategy of
the United States of America'' which was released in January
2018, states, ``The U.S. derives immense benefit from a
stable, peaceful hemisphere that reduces security threats to
the homeland. Supporting the U.S. interagency lead, the
Department will deepen its relations with regional countries
that contribute military capabilities to shared regional and
global security challenges.''
(7) The United States homeland is physically and
geographically connected with Latin America and the Caribbean
across all domains--sea, air, land, space, and cyber. Any
challenges in the region affect the United States and can
quickly become threats to our national security.
(8) The drugs that pour into the United States, killing
thousands of Americans every year, largely enter from Latin
America and the Caribbean. Drug overdoses killed more than
70,000 United States citizens in 2017, and treating drug
abuse cost United States taxpayers over $30,000,000,000 in
2015. In order to stop this epidemic, the United States
Government must address domestic consumption and assist our
partner nations in the region in reducing local cultivation
and manufacturing of narcotics while controlling their own
borders. And while interdictions of drug shipments are at an
all-time high, it's still
[[Page S3577]]
only a small percentage of the known flow. Additional United
States and partner assets, operational funding, coordination,
and capacity building, along with intelligence and data
exploitation, can all contribute to reducing this flow.
(9) In addition, we must assist in strengthening our
partners' institutions in order to reduce corruption and
extend governance. By reducing the flow of drugs through
Central America--the primary transit zone--we will also
mitigate the drivers for extreme violence and corruption left
in the wake of the illegal drug trade. The vicious side
effects of illicit trade also cost American taxpayers
billions of dollars every year.
(10) Directly tied to the instability and insecurity
associated with the flow of drugs through Central America is
the movement of thousands of Central American migrants toward
the United States. Migrant flows between countries have also
increased, straining partner nations' capacity and straining
security and stability.
(11) Natural disasters and other humanitarian crises also
increase instability and exacerbate the causes of migration.
(12) As the United States Government has focused--
necessarily--on other parts of the world, the governments of
countries like the Russian Federation and the People's
Republic of China have increased their economic and political
focus in this hemisphere, deepening their own relationships
in an effort to supplant United States security presence and
assistance, including through the following activities:
(A) The Government of the People's Republic of China
pledged at least $150,000,000,000 in loans to countries in
the hemisphere with long-term consequences. Infrastructure
investments in the Panama Canal region could jeopardize
United States, allied, and partner access and transit through
the region. Chinese information technology investments in the
region place intellectual property, data, and government
security at risk, potentially curtailing our ability to share
information with our key security partners.
(B) The Government of the Russian Federation established a
Counter Transnational Organized Crime (CTOC) Training Center
in Nicaragua, providing the Government with a regional
platform to recruit intelligence sources and conduct
collection activities. The Government of the Russian
Federation also conducted disinformation campaigns,
publishing hundreds of articles in 2018 that deliberately
distorted United States defense engagements. The Government
of the Russian Federation has deployed strategic bombers,
warships, intelligence collection ships, and underwater
research vessels that are capable of mapping and interfering
with undersea cables.
(13) The United States has a fundamental interest in
defending human rights and promoting the rule of law in the
Western Hemisphere.
(14) Intelligent and focused investments in the United
States Armed Forces and security assistance yield meaningful
results with partners able to secure their own countries and
stand shoulder-to-shoulder with the United States to address
threats to our mutual security interests.
(15) Given the lack of direct military threats in the
Western Hemisphere, the United States Government has taken
the relative stability and democratic progress of the region
for granted. Recent developments demonstrate that this is
dangerous:
(A) There are now four countries in the region whose ruling
parties do not share United States values and who actively
seek to undermine democratic stability. The Governments of
Cuba, Venezuela, Bolivia, and Nicaragua enable Russian and
Chinese military deployments to the region, allowing those
two actors access to infrastructure and the potential ability
to impede United States, allied, and partner nation efforts
in the event of contingencies.
(B) Support from the Governments of the Russian Federation
and the People's Republic of China for autocratic Governments
in Cuba, Venezuela, Nicaragua, and Bolivia enables anti-
democratic sentiment and threatens United States security
interests in the region.
(16) The United States has many strong, established
partnerships to assist us in advancing shared objectives in
this hemisphere. The United States Government must renew
focus on our own hemisphere to stop these challenges and
threats as far away as possible before they reach our borders
and shores, and strengthen the security partnerships critical
to ensuring our hemisphere remains a beacon of peace and
stability.
SEC. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the security, stability, and prosperity of the Western
Hemisphere region are vital to the national interests of the
United States;
(2) the United States should continue to engage in the
Western Hemisphere by strengthening alliances and
partnerships, working with regional institutions, addressing
the shared challenges of illicit trafficking of humans,
drugs, and other contraband, transnational criminal
organizations, and supporting the rule of law and democracy
in the region;
(3) the United States should maintain a military presence
and capability in the Western Hemisphere region that can
project power, build partner capacity, provide humanitarian
assistance and large scale disaster relief, deter acts of
aggression, and respond, if necessary, to regional threats or
to threats to the national security of the United States from
China, Russia, Iran, transnational criminal organizations,
violent extremists, or autocratic regimes;
(4) continuing efforts by the Department of Defense to
commit additional assets and increase investments to the
Western Hemisphere are necessary to maintain a robust United
States commitment to the region;
(5) the Secretary of Defense should--
(A) assess the current United States force posture in the
Western Hemisphere to ensure that the United States maintains
an appropriate and consistent presence in the region,
including by--
(i) prioritizing intelligence, surveillance, and
reconnaissance assets;
(ii) increasing aerial and maritime domain awareness by
exploring commercially available options in addition to
traditional means;
(iii) increasing deployment of surface and air assets and
making available operating funds to cultivate multi-national
participation in security activities, including multinational
military exercises and training; and
(iv) providing a continuous United States Navy presence
with humanitarian assistance and disaster relief as well as
drug interdiction-capable platforms;
(B) exploit innovative solutions, including data analytics
and use of emerging technologies such as machine learning, to
illuminate and target corruption and illicit networks;
(C) compete in the information domain, including by--
(i) exploiting publicly available information; and
(ii) sharing signals and insights into state and non-state
destabilizing activities;
(D) develop strategic options to expand the competitive
space in Latin America and the Caribbean;
(E) streamline security cooperation processes;
(F) enhance regional force readiness through joint training
and exercises; and
(G) continue to build interoperability to address threats
in space and cyberspace;
(6) the Secretary of State should--
(A) increase the designation of International Military and
Education Training (IMET) funding for use by countries in the
Western Hemisphere because education and training activities
are force multipliers, providing partners with mutual
understanding, shared values, interoperability of forces, and
deepen relationships lasting generations; and
(B) increase Foreign Military Financing within the United
States Southern Command (USSOUTHCOM) area of responsibility
to adequately match requirements; and
(7) Congress should provide additional funds for use by
USSOUTHCOM in contracting solutions to mitigate gaps in
capabilities.
SEC. 1294. WESTERN HEMISPHERE SECURITY INITIATIVE.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$1,000,000,000 for the Department of Defense for fiscal year
2020 to carry out the Western Hemisphere Security Initiative.
(2) Amounts in addition.--These funds may be used under
this authority notwithstanding any other funding authorities
for humanitarian assistance, security assistance, or combined
exercise expenses.
(3) Limitation.--Funds appropriated pursuant to the
authority under this subsection may not be obligated to
provide assistance to any foreign country that is otherwise
prohibited from receiving such type of assistance under any
other provision of law.
(b) Authorized Purposes.--The Secretary of Defense may use
amounts made available pursuant to subsection (a) for the
following purposes:
(1) Activities to increase continuous United States
presence in Latin America and the Caribbean.
(2) Activities to build the defense and security capacity
of allies and partner nations in Latin America and the
Caribbean.
(3) Activities to illuminate threats, including malign
influence of state actors, transnational organized crime with
a nexus to drug trafficking, terrorism, and weapons
proliferation, at scale.
(4) Efforts to disrupt and degrade transregional and
transnational illicit trade with an emphasis on drugs.
(5) Activities to provide transparency and support strong
and accountable institutions.
(6) Bilateral and multinational military exercises and
training with allies and partner nations in Latin America and
the Caribbean.
(7) Foreign military financing (FMF) and international
military education and training (IMET) programs.
(8) The provision of assistance to national military or
other security forces of such countries that have among their
functional responsibilities national or regional security
missions.
(9) The provision of training to ministry, agency, and
headquarters level organizations for such forces.
(10) Payment of other expenses that the Commander of the
United States Southern Command considers necessary for Latin
American cooperation.
(11) Humanitarian Assistance to support partner by
promoting sustainable development and growth of responsive
institutions through activities such as providing logistical
support, such as the transportation of humanitarian supplies
or personnel, making available, preparing, and
[[Page S3578]]
transporting nonlethal excess property (EP) to foreign
countries, transferring on-hand Department of Defense stocks
to respond to unforeseen emergencies, conducting Department
of Defense humanitarian demining assistance activities, and
in some circumstances, conducting medical support and base
operating services to the extent required by the operation.
(c) Types of Assistance and Training.--
(1) Authorized elements of assistance.--Assistance provided
under subsection (b)(8) may include the provision of
equipment, supplies, training, transportation and the
establishment, including small-scale military construction,
and operations of bases of operation or training facilities
for the purpose of facilitating counterdrug activities or
activities to counter transnational organized crime.
(2) Required elements of assistance and training.--
Assistance and training provided under subsection (b) shall
include elements that promote the following principles:
(A) Observance of and respect for human rights and
fundamental freedoms.
(B) Respect for legitimate civilian authority within the
country to which the assistance is provided.
(d) Priorities for Assistance and Training.--In developing
programs for assistance or training to be provided under
subsection (b), the Secretary of Defense shall accord a
priority to assistance, training, or both that will enhance
the security capabilities of the recipient foreign country,
or a regional organization of which the recipient country is
a member, to respond to emerging threats to regional
security.
(e) Incremental Expenses of Personnel of Certain Other
Countries for Training.--If the Secretary of Defense
determines that the payment of incremental expenses in
connection with training described in subsection (b) will
facilitate the participation in such training of organization
personnel of friendly foreign countries within South and
Central America and the Caribbean, the Secretary may use
amounts available under subsection (f) for assistance and
training under subsection (b) for the payment of such
incremental expenses.
(f) Use of Security Cooperation Funds.--
(1) In general.--Of funds authorized to be appropriated for
the Defense Security Cooperation Agency for security
cooperation activities, $250,000,000 is authorized for the
sole purpose of security cooperation activities under the
United States Southern Command to build the capacity of
partner nations in the Western Hemisphere.
(2) Use of funds.--Funds made available under paragraph (1)
may be used in accordance with subsection (b) notwithstanding
any other funding authorities for security assistance,
counter-drug activities, counter-transnational organized
crime activities, humanitarian assistance, or combined
exercise expenses. The funds may not be obligated to provide
assistance to any foreign country that is otherwise
prohibited from receiving such type of assistance under any
other provision of law.
(g) Applicability of Restrictions on Direct Participation
by Military Personnel.--Any support to counter-drug or
counter-transnational organized crime activities under
subsection (b) shall be subject to the provisions of section
275 of title 10, United States Code.
(h) IMET Funding.--There is authorized to be appropriated
$18,000,000 for the Department of Defense for fiscal year
2020 for International Military Education and Training
activities under the Western Hemisphere Security Initiative.
(i) Humanitarian Assistance.--There is authorized to be
appropriated $20,000,000 for the Department of Defense for
fiscal year 2020 for the United States Southern Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and the payment of incremental and
personnel costs of training and exercising with foreign
military and security forces.
(j) Transfer Requirements Related to Certain Funds.--
(1) Use of funds only pursuant to transfer.--In the case of
funds authorized to be appropriated for the Western
Hemisphere Security Initiative Fund, the funds may be used
for the purposes specified in subsection (b) only pursuant to
a transfer of the funds to either or both of the following
accounts of the Department of Defense:
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(2) Effect on authorization amounts.--During fiscal years
2020 and 2021, the transfer of an amount made available for
the Western Hemisphere Security Initiative to an account
under the authority provided by this section shall be deemed
to increase the amount authorized for such account by an
amount equal to the amount transferred.
(3) Construction with other transfer authority.--The
transfer authority provided by paragraph (1) and subsection
(b) is in addition to any other transfer authority available
to the Department of Defense.
(k) Notification Requirements.--Not later than 15 days
before that date on which a transfer of funds under this
section takes effect, the Secretary of Defense shall notify
the congressional defense committees in writing of the
planned transfer. Each notice of a transfer of funds shall
include the following:
(1) A detailed description of the project or activity to be
supported by the transfer of funds, including any request of
the Commander of the United States Southern Command for
support, urgent operational need, or emergent operational
need.
(2) The amount planned to be transferred and expended on
such project or activity.
(3) A timeline for expenditure of the transferred funds.
(l) Duration of Transfer Authority.--The transfer authority
provided by this section expires on September 30, 2020.
(m) Unfunded Requirements Authority.--Funds appropriated
for the Western Hemisphere Security Initiative that are not
transferred pursuant to subsection (i)(1) shall be utilized
to meet the requirements listed in the Unfunded Requirements
listed by the United States Southern Command for the fiscal
year 2020 budget.
(n) Coast Guard Support.--
(1) Reimbursement.--The Department of Defense is authorized
to reimburse up to $500,000,000 to the Coast Guard for Coast
Guard national security functions in support of the United
States Southern Command. These national security functions
include--
(A) maintaining and exercising readiness to operate with
the Department of Defense, including military training for
operational units and joint exercises with the Department of
Defense;
(B) performing the missions of maritime interception
operations in support of sanctions against another nation or
group of nations;
(C) performing the missions of maritime interception
operations in support of drug interdiction;
(D) environmental defense operations where the Coast Guard
responds to environmental disasters overseas that could
disrupt military actions; and
(E) security and defense in support of the United States
Southern Command.
(2) Use of funds.--The Coast Guard is authorized to utilize
such funding in order to procure additional vessels in order
to meet requirements of the United States Southern Command.
(o) Sense of Congress on Enhanced USSOUTHCOM Presence.--It
is the sense of Congress that the Secretary of Defense should
pursue whatever means necessary to increase the presence of
the Department of Defense within the United States Southern
Command's area of responsibility, including additional Navy
deployments of Small Surface Combatants and hospital ships,
P-8 Poseidon's, maintain Special Forces and Army presence,
and source year-round presence of a Special Purpose Marine
Air-Ground Task Force.
(p) Navy Strategy.--The Secretary of the Navy shall submit
to Congress a strategy on permanently assigning Navy vessels
to the 4th Fleet, including the potential use of ships
scheduled to be decommissioned.
(q) State Partnership Program.--It is the sense of Congress
that the National Guard Bureau should continue its State
Partnership Program in support of the United States Southern
Command and United States embassy security cooperation
objectives, along with the Department of Defense policy goals
within the United States Southern Command's area of
responsibility.
______
SA 561. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Section 240 is amended by adding at the end the following:
(5) Not less than $10,000,000 to test and evaluate
technologies that achieve operational energy, energy
sustainability, and energy resiliency--
(A) to support expeditionary forces testing and tactical
operations requirements of the Department of Defense outside
the United States; and
(B) to sustain the national defense in the event of an
electromagnetic pulse attack.
______
SA 562. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. ADDITIONAL AMOUNT FOR OTHER HELO DEVELOPMENT.
(a) In General.--The amount authorized to be appropriated
for fiscal year 2020 by section 201 for research,
development, test, and evaluation is hereby increased by
$10,000,000, with the amount of the increase to be available
for Other Helo Development (PE 0604212N).
(b) Offset.--The amount authorized to be appropriated for
fiscal year 2020 for OCO Total Force Readiness by section
4302 is hereby reduced by $10,000,000.
______
SA 563. Mr. CRUZ submitted an amendment intended to be proposed by
[[Page S3579]]
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. ADDITIONAL AMOUNT FOR FUTURE VERTICAL LIFT PROGRAM.
(a) In General.--The amount authorized to be appropriated
for fiscal year 2020 by this Act for the Army's Future
Vertical Lift program, Capability Set 3, is hereby increased
by $61,400,000.
(b) Offsets.--The amount authorized to be appropriated for
fiscal year 2020--
(1) by section 4302 for OCO Force Readiness is hereby
decreased by $21,000,000; and
(2) by section 4201--
(A) for Army RDT&E Technology Maturation Initiatives is
hereby decreased by $8,400,000;
(B) for Army RDT&E Army Advanced Component Development &
Prototyping is hereby decreased by $10,000,000;
(C) for Army RDT&E Synthetic Training Environment
Refinement & Prototyping is hereby decreased by $10,000,000;
and
(D) for Defense RDT&E Advanced Innovative Technologies is
hereby decreased by $12,000,000
______
SA 564. Mrs. CAPITO (for herself, Mr. Carper, Mr. Barrasso, Mr.
Sullivan, Mrs. Gillibrand, and Mrs. Shaheen) submitted an amendment
intended to be proposed by her to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
In section 318(a), add at the end the following:
(3) Other authority.--In addition to the requirements under
paragraph (1), when otherwise authorized to expend funds for
the purpose of addressing ground or surface water
contaminated by a perfluorinated compound, the Secretary of
Defense may, to expend those funds, enter into a grant
agreement, cooperative agreement, or contract with--
(A) the local water authority with jurisdiction over the
contamination site, including--
(i) a public water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f)); and
(ii) a publicly owned treatment works (as defined in
section 212 of the Federal Water Pollution Control Act (33
U.S.C. 1292)); or
(B) a State, local, or Tribal government.
At the end of division A, add the following:
TITLE XVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING WATER
ASSISTANCE
SEC. 1701. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
Subtitle A--PFAS Release Disclosure
SEC. 1711. ADDITIONS TO TOXICS RELEASE INVENTORY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Toxics release inventory.--The term ``toxics release
inventory'' means the toxics release inventory under section
313(c) of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11023(c)).
(b) Immediate Inclusion.--
(1) In general.--Subject to subsection (e), beginning
January 1 of the calendar year following the date of
enactment of this Act, the following chemicals shall be
deemed to be included in the toxics release inventory:
(A) Perfluorooctanoic acid (commonly referred to as
``PFOA'') (Chemical Abstracts Service No. 335-67-1).
(B) The salt associated with the chemical described in
subparagraph (A) (Chemical Abstracts Service No. 3825-26-1).
(C) Perfluorooctane sulfonic acid (commonly referred to as
``PFOS'') (Chemical Abstracts Service No. 1763-23-1).
(D) The salts associated with the chemical described in
subparagraph (C) (Chemical Abstract Service Nos. 45298-90-6,
29457-72-5, 56773-42-3, 29081-56-9, 4021-47-0, 111873-33-7,
and 91036-71-4).
(E) A perfluoroalkyl or polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances that is--
(i) listed as an active chemical substance in the February
2019 update to the inventory under section 8(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and
(ii) on the date of enactment of this Act, subject to the
provisions of--
(I) section 721.9582 of title 40, Code of Federal
Regulations; or
(II) section 721.10536 of title 40, Code of Federal
Regulations.
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B), the threshold
for reporting the chemicals described in paragraph (1) under
section 313(f)(1) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(1)) is 100
pounds.
(B) Revisions.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall--
(i) determine whether revision of the threshold under
subparagraph (A) is warranted; and
(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under section
313(f)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(c) Inclusion Following Assessment.--
(1) In general.--Subject to subsection (e), a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances shall be
automatically included in the toxics release inventory
beginning January 1 of the calendar year after any of the
following dates:
(A) Establishment of toxicity value.--The date on which the
Administrator establishes a toxicity value for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
(B) Significant new use rule.--The date on which the
Administrator finalizes a significant new use rule under
subsection (a)(2) of section 5 of the Toxic Substances
Control Act (15 U.S.C. 2604), except a significant new use
rule promulgated in connection with an order issued under
subsection (e) of that section, for the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances.
(C) Addition to existing significant new use rule.--The
date on which the perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl substances is
added to a list of substances covered by a significant new
use rule previously promulgated under subsection (a)(2) of
section 5 of the Toxic Substances Control Act (15 U.S.C.
2604), except a significant new use rule promulgated in
connection with an order issued under subsection (e) of that
section.
(D) Addition as active chemical substance.--The date on
which the perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances that is
on a list of substances covered by a significant new use rule
under subsection (a)(2) of section 5 of the Toxic Substances
Control Act (15 U.S.C. 2604), except a significant new use
rule promulgated in connection with an order issued under
subsection (e) of that section, is--
(i) added to the inventory under subsection (b)(1) of
section 8 of the Toxic Substances Control Act (15 U.S.C.
2607) and designated as an active chemical substance under
subsection (b)(5)(A) of that section; or
(ii) designated as an active chemical substance on the
inventory in accordance with subsection (b)(5)(B) of that
section.
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B), the threshold
for reporting under section 313(f)(1) of the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11203(f)(1)) the substances and classes of substances
included in the toxics release inventory under paragraph (1)
is 100 pounds.
(B) Revisions.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall--
(i) determine whether revision of the thresholds under
subparagraph (A) is warranted; and
(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under section
313(f)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(d) Inclusion Following Determination.--
(1) In general.--To the extent not already subject to
subsection (b), not later than 2 years after the date of
enactment of this Act, the Administrator shall determine
whether the substances and classes of substances described in
paragraph (2) meet the criteria described in section
313(d)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the
toxics release inventory.
(2) Substances described.--The substances and classes of
substances referred to in paragraph (1) are perfluoroalkyl
and polyfluoroalkyl substances and classes of perfluoroalkyl
and polyfluoroalkyl substances, including--
(A) hexafluoropropylene oxide dimer acid (Chemical
Abstracts Service No. 13252-13-6);
(B) the compounds associated with the chemical described in
subparagraph (A) (Chemical Abstracts Service Nos. 62037-80-3
and 2062-98-8);
(C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid]
ammonium salt (Chemical Abstracts Service No. 908020-52-0);
(D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts
Service No. 2479-75-6);
(E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
(trifluoromethoxy) propionic acid (Chemical Abstracts Service
No. 2479-73-4);
(F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid]
(Chemical Abstracts Service No. 919005-14-4);
(G) the salts associated with the chemical described in
subparagraph (F) (Chemical Abstracts Service Nos. 958445-44-
8, 1087271-46-2, and NOCAS_892452);
(H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
tridecafluoro-potassium salt (Chemical Abstracts Service No.
59587-38-1);
[[Page S3580]]
(I) perfluorobutanesulfonic acid (Chemical Abstracts
Service No. 375-73-5);
(J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-
potassium salt (Chemical Abstracts Service No. 29420-49-3);
(K) the component associated with the chemical described in
subparagraph (J) (Chemical Abstracts Service No. 45187-15-3);
(L) heptafluorobutyric acid (Chemical Abstracts Service No.
375-22-4);
(M) perfluorohexanoic acid (Chemical Abstracts Service No.
307-24-4);
(N) each perfluoroalkyl or polyfluoroalkly substance or
class of perfluoroalkyl or polyfluoroalkyl substances for
which a method to measure levels in drinking water has been
validated by the Administrator; and
(O) a perfluoroalkyl and polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances other than
the chemicals described in subparagraphs (A) through (N) that
is used to manufacture fluoropolymers, as determined by the
Administrator.
(3) Addition to toxics release inventory.--Subject to
subsection (e), if the Administrator determines under
paragraph (1) that a substance or a class of substances
described in paragraph (2) meets the criteria described in
section 313(d)(2) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the
Administrator shall revise the toxics release inventory to
include that substance or class of substances not later than
2 years after the date on which the Administrator makes the
determination.
(e) Confidential Business Information.--
(1) In general.--Prior to including on the toxics release
inventory pursuant to subsection (b)(1), (c)(1), or (d)(3)
any perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances the chemical
identity of which is subject to a claim of a person of
protection from disclosure under subsection (a) of section
552 of title 5, United States Code, pursuant to subsection
(b)(4) of that section, the Administrator shall--
(A) review that claim of protection from disclosure; and
(B) require that person to reassert and substantiate or
resubstantiate that claim in accordance with section 14(f) of
the Toxic Substances Control Act (15 U.S.C. 2613(f)).
(2) Nondisclosure of protection information.--If the
Administrator determines that the chemical identity of a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances qualifies for
protection from disclosure under paragraph (1), the
Administrator shall include the substance or class of
substances, as applicable, on the toxics release inventory in
a manner that does not disclose the protected information.
(f) Emergency Planning and Community Right-To-Know Act of
1986.--Section 313(c) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``are those chemicals'' and inserting the
following: ``are--
``(1) the chemicals''; and
(3) by adding at the end the following:
``(2) the chemicals included under subsections (b)(1),
(c)(1), and (d)(3) of section 1711 of the National Defense
Authorization Act for Fiscal Year 2020.''.
Subtitle B--Drinking Water
SEC. 1721. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR
PFAS.
Section 1412(b)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-1(b)(2)) is amended by adding at the end the
following:
``(D) Perfluoroalkyl and polyfluoroalkyl substances.--
``(i) In general.--Not later than 2 years after the date of
enactment of this subparagraph, the Administrator shall
promulgate a national primary drinking water regulation for
perfluoroalkyl and polyfluoroalkyl substances, which shall,
at a minimum, include standards for--
``(I) perfluorooctanoic acid (commonly referred to as
`PFOA'); and
``(II) perfluorooctane sulfonic acid (commonly referred to
as `PFOS').
``(ii) Alternative procedures.--
``(I) In general.--Not later than 1 year after the
validation by the Administrator of an equally effective
quality control and testing procedure to ensure compliance
with that national primary drinking water regulation to
measure the levels described in subclause (II) or other
methods to detect and monitor perfluoroalkyl and
polyfluoroalkyl substances in drinking water, the
Administrator shall add the procedure or method as an
alternative to the quality control and testing procedure
described in that national primary drinking water regulation
by publishing the procedure or method in the Federal
Register.
``(II) Levels described.--The levels referred to in
subclause (I) are--
``(aa) the level of a perfluoroalkyl or polyfluoroalkyl
substance;
``(bb) the total levels of perfluoroalkyl and
polyfluoroalkyl substances; and
``(cc) the total levels of organic fluorine.
``(iii) Inclusions.--The Administrator may include a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances on--
``(I) the list of contaminants for consideration of
regulation under paragraph (1)(B)(i); and
``(II) the list of unregulated contaminants to be monitored
under section 1445(a)(2)(B)(i).
``(iv) Monitoring.--When establishing monitoring
requirements for public water systems as part of a national
primary drinking water regulation under clause (i) or clause
(vi)(II), the Administrator shall tailor the monitoring
requirements for public water systems that do not detect or
are reliably and consistently below the maximum contaminant
level (as defined in section 1418(b)(2)(B)) for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances subject to the
national primary drinking water regulation.
``(v) Health risk reduction and cost analysis.--In meeting
the requirements of paragraph (3)(C), the Administrator may
rely on information available to the Administrator with
respect to 1 or more specific perfluoroalkyl or
polyfluoroalkyl substances to extrapolate reasoned
conclusions regarding the health risks and effects of a class
of perfluoroalkyl or polyfluoroalkyl substances of which the
specific perfluoroalkyl or polyfluoroalkyl substances are a
part.
``(vi) Regulation of additional substances.--
``(I) Determination.--The Administrator shall make a
determination under paragraph (1)(A), using the criteria
described in clauses (i) through (iii) of that paragraph,
whether to include a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances in the national primary drinking water regulation
under clause (i) not later than 18 months after the later
of--
``(aa) the date on which the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances is listed on the list of
contaminants for consideration of regulation under paragraph
(1)(B)(i); and
``(bb) the date on which--
``(AA) the Administrator has received the results of
monitoring under section 1445(a)(2)(B) for the perfluoroalkyl
or polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substance; or
``(BB) the Administrator has received finished water data
or finished water monitoring surveys for the perfluoroalkyl
or polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances from a Federal or State agency
that the Administrator determines to be sufficient to make a
determination under paragraph (1)(A).
``(II) Primary drinking water regulations.--
``(aa) In general.--For each perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances that the Administrator determines
to regulate under subclause (I), the Administrator--
``(AA) not later than 18 months after the date on which the
Administrator makes the determination, shall propose a
national primary drinking water regulation for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances; and
``(BB) may publish the proposed national primary drinking
water regulation described in subitem (AA) concurrently with
the publication of the determination to regulate the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
``(bb) Deadline.--
``(AA) In general.--Not later than 1 year after the date on
which the Administrator publishes a proposed national primary
drinking water regulation under item (aa)(AA) and subject to
subitem (BB), the Administrator shall take final action on
the proposed national primary drinking water regulation.
``(BB) Extension.--The Administrator, on publication of
notice in the Federal Register, may extend the deadline under
subitem (AA) by not more than 6 months.
``(vii) Lifetime drinking water health advisory.--
``(I) In general.--Subject to subclause (II), the
Administrator shall publish a health advisory under paragraph
(1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances not
later than 1 year after the later of--
``(aa) the date on which the Administrator finalizes a
toxicity value for the perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances; and
``(bb) the date on which the Administrator validates an
effective quality control and testing procedure for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substance, if such a
procedure did not exist on the date on which the toxicity
value described in item (aa) was finalized.
``(II) Waiver.--The Administrator may waive the
requirements of subclause (I) with respect to a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl and polyfluoroalkyl substances if the
Administrator determines that there is a substantial
likelihood that the perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances will not occur in drinking water.''.
SEC. 1722. MONITORING AND DETECTION.
(a) Monitoring Program for Unregulated Contaminants.--
[[Page S3581]]
(1) In general.--The Administrator shall include each
substance described in paragraph (2) in the fifth publication
of the list of unregulated contaminants to be monitored under
section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42
U.S.C. 300j-4(a)(2)(B)(i)).
(2) Substances described.--The substances referred to in
paragraph (1) are perfluoroalkyl and polyfluoroalkyl
substances and classes of perfluoroalkyl and polyfluoroalkyl
substances--
(A) for which a method to measure the level in drinking
water has been validated by the Administrator; and
(B) that are not subject to a national primary drinking
water regulation under clause (i) or (vi)(II) of subparagraph
(D) of section 1412(b)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-1(b)(2)).
(3) Exception.--The perfluoroalkyl and polyfluoroalkyl
substances and classes of perfluoroalkyl and polyfluoroalkyl
substances included in the list of unregulated contaminants
to be monitored under section 1445(a)(2)(B)(i) of the Safe
Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under
paragraph (1) shall not count towards the limit of 30
unregulated contaminants to be monitored by public water
systems under that section.
(b) Applicability.--
(1) In general.--The Administrator shall--
(A) require public water systems serving more than 10,000
persons to monitor for the substances described in subsection
(a)(2);
(B) subject to paragraph (2) and the availability of
appropriations, require public water systems serving not
fewer than 3,300 and not more than 10,000 persons to monitor
for the substances described in subsection (a)(2); and
(C) subject to paragraph (2) and the availability of
appropriations, ensure that only a representative sample of
public water systems serving fewer than 3,300 persons are
required to monitor for the substances described in
subsection (a)(2).
(2) Requirement.--If the Administrator determines that
there is not sufficient laboratory capacity to carry out the
monitoring required under subparagraphs (B) and (C) of
paragraph (1), the Administrator may waive the monitoring
requirements in those subparagraphs.
(3) Funds.--The Administrator shall pay the reasonable cost
of such testing and laboratory analysis as is necessary to
carry out the monitoring required under paragraph (1) from--
(A) funds made available under subsection (a)(2)(H) or
(j)(5) of section 1445 of the Safe Drinking Water Act (42
U.S.C. 300j-4); or
(B) any other funds made available for that purpose.
SEC. 1723. ENFORCEMENT.
Notwithstanding any other provision of law, the
Administrator may not impose financial penalties for the
violation of a national primary drinking water regulation (as
defined in section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f)) with respect to a perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances for which a national primary
drinking water regulation has been promulgated under clause
(i) or (vi) of subparagraph (D) of section 1412(b)(2) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(2)) earlier than
the date that is 5 years after the date on which the
Administrator promulgates the national primary drinking water
regulation.
SEC. 1724. DRINKING WATER STATE REVOLVING FUNDS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(G) Emerging contaminants.--
``(i) In general.--Subject to clause (ii), amounts
deposited under subsection (t) in a State loan fund
established under this section may be used to provide grants
for the purpose of addressing emerging contaminants, with a
focus on perfluoroalkyl and polyfluoroalkyl substances.
``(ii) Requirements.--
``(I) Small and disadvantaged communities.--Not less than
25 percent of the amounts described in clause (i) shall be
used to provide grants to--
``(aa) disadvantaged communities (as defined in subsection
(d)(3)); or
``(bb) public water systems serving fewer than 25,000
persons.
``(II) Priorities.--In selecting the recipient of a grant
using amounts described in clause (i), a State shall use the
priorities described in subsection (b)(3)(A).'';
(2) in subsection (m)(1), in the matter preceding
subparagraph (A), by striking ``this section'' and inserting
``this section, except for subsections (a)(2)(G) and (t)'';
and
(3) by adding at the end the following:
``(t) Emerging Contaminants.--
``(1) In general.--Amounts made available under this
subsection shall be allotted to a State as if allotted under
subsection (a)(1)(D) as a capitalization grant, for deposit
into the State loan fund of the State, for the purposes
described in subsection (a)(2)(G).
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $100,000,000
for each of fiscal years 2020 through 2024, to remain
available until expended.''.
Subtitle C--PFAS Detection
SEC. 1731. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(2) Perfluorinated compound.--
(A) In general.--The term ``perfluorinated compound'' means
a perfluoroalkyl substance or a polyfluoroalkyl substance
that is manmade with at least 1 fully fluorinated carbon
atom.
(B) Definitions.--In this definition:
(i) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all
the hydrogen substituents have been replaced by fluorine.
(ii) Nonfluorinated carbon atom.--The term ``nonfluorinated
carbon atom'' means a carbon atom on which no hydrogen
substituents have been replaced by fluorine.
(iii) Partially fluorinated carbon atom.--The term
``partially fluorinated carbon atom'' means a carbon atom on
which some, but not all, of the hydrogen substituents have
been replaced by fluorine.
(iv) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a manmade chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(v) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a manmade chemical containing a mix of
fully fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
SEC. 1732. PERFORMANCE STANDARD FOR THE DETECTION OF
PERFLUORINATED COMPOUNDS.
(a) In General.--The Director shall establish a performance
standard for the detection of perfluorinated compounds.
(b) Emphasis.--
(1) In general.--In developing the performance standard
under subsection (a), the Director shall emphasize the
ability to detect as many perfluorinated compounds present in
the environment as possible using analytical methods that--
(A) achieve limits of quantitation (as defined in the
document of the United States Geological Survey entitled
``Analytical Methods for Chemical Analysis of Geologic and
Other Materials, U.S. Geological Survey'' and dated 2002);
and
(B) are as sensitive as is feasible and practicable.
(2) Requirement.--In developing the performance standard
under subsection (a), the Director may--
(A) develop quality assurance and quality control measures
to ensure accurate sampling and testing;
(B) develop a training program with respect to the
appropriate method of sample collection and analysis of
perfluorinated compounds; and
(C) coordinate with the Administrator, including, if
appropriate, coordinating to develop media-specific,
validated analytical methods to detect individual and
different perfluorinated compounds simultaneously.
SEC. 1733. NATIONWIDE SAMPLING.
(a) In General.--The Director shall carry out a nationwide
sampling to determine the concentration of perfluorinated
compounds in estuaries, lakes, streams, springs, wells,
wetlands, rivers, aquifers, and soil using the performance
standard developed under section 1732(a).
(b) Requirements.--In carrying out the sampling under
subsection (a), the Director shall--
(1) first carry out the sampling at sources of drinking
water near locations with known or suspected releases of
perfluorinated compounds;
(2) when carrying out sampling of sources of drinking water
under paragraph (1), carry out the sampling prior to any
treatment of the water;
(3) survey for ecological exposure to perfluorinated
compounds, with a priority in determining direct human
exposure through drinking water; and
(4) consult with--
(A) States to determine areas that are a priority for
sampling; and
(B) the Administrator--
(i) to enhance coverage of the sampling; and
(ii) to avoid unnecessary duplication.
(c) Report.--Not later than 90 days after the completion of
the sampling under subsection (a), the Director shall prepare
a report describing the results of the sampling and submit
the report to--
(1) the Committee on Environment and Public Works and the
Committee on Energy and Natural Resources of the Senate;
(2) the Committee on Energy and Commerce of the House of
Representatives;
(3) the Senators of each State in which the Director
carried out the sampling; and
(4) each Member of the House of Representatives that
represents a district in which the Director carried out the
sampling.
SEC. 1734. DATA USAGE.
(a) In General.--The Director shall provide the sampling
data collected under section 1733 to--
(1) the Administrator of the Environmental Protection
Agency; and
(2) other Federal and State regulatory agencies on request.
(b) Usage.--The sampling data provided under subsection (a)
shall be used to inform and enhance assessments of exposure,
likely health and environmental impacts, and remediation
priorities.
SEC. 1735. COLLABORATION.
In carrying out this subtitle, the Director shall
collaborate with--
(1) appropriate Federal and State regulators;
(2) institutions of higher education;
[[Page S3582]]
(3) research institutions; and
(4) other expert stakeholders.
SEC. 1736. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director to
carry out this subtitle--
(1) $5,000,000 for fiscal year 2020; and
(2) $10,000,000 for each of fiscal years 2021 through 2024.
Subtitle D--Safe Drinking Water Assistance
SEC. 1741. DEFINITIONS.
In this subtitle:
(1) Contaminant.--The term ``contaminant'' means any
physical, chemical, biological, or radiological substance or
matter in water.
(2) Contaminant of emerging concern; emerging
contaminant.--The terms ``contaminant of emerging concern''
and ``emerging contaminant'' mean a contaminant--
(A) for which the Administrator has not promulgated a
national primary drinking water regulation; and
(B) that may have an adverse effect on the health of
individuals.
(3) Federal research strategy.--The term ``Federal research
strategy'' means the coordinated cross-agency plan for
addressing critical research gaps related to detecting,
assessing exposure to, and identifying the adverse health
effects of emerging contaminants in drinking water developed
by the Office of Science and Technology Policy in response to
the report of the Committee on Appropriations of the Senate
accompanying S. 1662 of the 115th Congress (S. Rept. 115-
139).
(4) Technical assistance and support.--The term ``technical
assistance and support'' includes--
(A) assistance with--
(i) identifying appropriate analytical methods for the
detection of contaminants;
(ii) understanding the strengths and limitations of the
analytical methods described in clause (i);
(iii) troubleshooting the analytical methods described in
clause (i);
(B) providing advice on laboratory certification program
elements;
(C) interpreting sample analysis results;
(D) providing training with respect to proper analytical
techniques;
(E) identifying appropriate technology for the treatment of
contaminants; and
(F) analyzing samples, if--
(i) the analysis cannot be otherwise obtained in a
practicable manner otherwise; and
(ii) the capability and capacity to perform the analysis is
available at a Federal facility.
(5) Working group.--The term ``Working Group'' means the
Working Group established under section 1742(b)(1).
SEC. 1742. RESEARCH AND COORDINATION PLAN FOR ENHANCED
RESPONSE ON EMERGING CONTAMINANTS.
(a) In General.--The Administrator shall--
(1) review Federal efforts--
(A) to identify, monitor, and assist in the development of
treatment methods for emerging contaminants; and
(B) to assist States in responding to the human health
risks posed by contaminants of emerging concern; and
(2) in collaboration with owners and operators of public
water systems, States, and other interested stakeholders,
establish a strategic plan for improving the Federal efforts
referred to in paragraph (1).
(b) Interagency Working Group on Emerging Contaminants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator and the Secretary of
Health and Human Services shall jointly establish a Working
Group to coordinate the activities of the Federal Government
to identify and analyze the public health effects of drinking
water contaminants of emerging concern.
(2) Membership.--The Working Group shall include
representatives of the following:
(A) The Environmental Protection Agency, appointed by the
Administrator.
(B) The following agencies, appointed by the Secretary of
Health and Human Services:
(i) The National Institutes of Health.
(ii) The Centers for Disease Control and Prevention.
(iii) The Agency for Toxic Substances and Disease Registry.
(C) The United States Geological Survey, appointed by the
Secretary of the Interior.
(D) Any other Federal agency the assistance of which the
Administrator determines to be necessary to carry out this
subsection, appointed by the head of the respective agency.
(3) Existing working group.--The Administrator may expand
or modify the duties of an existing working group to perform
the duties of the Working Group under this subsection.
(c) National Emerging Contaminant Research Initiative.--
(1) Federal research strategy.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy (referred to in this subsection as the
``Director'') shall coordinate with the heads of the agencies
described in subparagraph (C) to establish a research
initiative, to be known as the ``National Emerging
Contaminant Research Initiative'', that shall--
(i) use the Federal research strategy to improve the
identification, analysis, monitoring, and treatment methods
of contaminants of emerging concern; and
(ii) develop any necessary program, policy, or budget to
support the implementation of the Federal research strategy,
including mechanisms for joint agency review of research
proposals, for interagency cofunding of research activities,
and for information sharing across agencies.
(B) Research on emerging contaminants.--In carrying out
subparagraph (A), the Director shall--
(i) take into consideration consensus conclusions from
peer-reviewed, pertinent research on emerging contaminants;
and
(ii) in consultation with the Administrator, identify
priority emerging contaminants for research emphasis.
(C) Federal participation.--The agencies referred to in
subparagraph (A) include--
(i) the National Science Foundation;
(ii) the National Institutes of Health;
(iii) the Environmental Protection Agency;
(iv) the National Institute of Standards and Technology;
(v) the United States Geological Survey; and
(vi) any other Federal agency that contributes to research
in water quality, environmental exposures, and public health,
as determined by the Director.
(D) Participation from additional entities.--In carrying
out subparagraph (A), the Director shall consult with
nongovernmental organizations, State and local governments,
and science and research institutions determined by the
Director to have scientific or material interest in the
National Emerging Contaminant Research Initiative.
(2) Implementation of research recommendations.--
(A) In general.--Not later than 1 year after the date on
which the Director and heads of the agencies described in
paragraph (1)(C) establish the National Emerging Contaminant
Research Initiative under paragraph (1)(A), the head of each
agency described in paragraph (1)(C) shall--
(i) issue a solicitation for research proposals consistent
with the Federal research strategy; and
(ii) make grants to applicants that submit research
proposals selected by the National Emerging Contaminant
Research Initiative in accordance with subparagraph (B).
(B) Selection of research proposals.--The National Emerging
Contaminant Research Initiative shall select research
proposals to receive grants under this paragraph on the basis
of merit, using criteria identified by the Director,
including the likelihood that the proposed research will
result in significant progress toward achieving the
objectives identified in the Federal research strategy.
(C) Eligible entities.--Any entity or group of 2 or more
entities may submit to the head of each agency described in
paragraph (1)(C) a research proposal in response to the
solicitation for research proposals described in subparagraph
(A)(i), including--
(i) State and local agencies;
(ii) public institutions, including public institutions of
higher education;
(iii) private corporations; and
(iv) nonprofit organizations.
(d) Federal Technical Assistance and Support for States.--
(1) Study.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall conduct a
study on actions the Administrator can take to increase
technical assistance and support for States with respect to
emerging contaminants in drinking water samples.
(B) Contents of study.--In carrying out the study described
in subparagraph (A), the Administrator shall identify--
(i) methods and effective treatment options to increase
technical assistance and support with respect to emerging
contaminants to States, including identifying opportunities
for States to improve communication with various audiences
about the risks associated with emerging contaminants;
(ii) means to facilitate access to qualified contract
testing laboratory facilities that conduct analyses for
emerging contaminants; and
(iii) actions to be carried out at existing Federal
laboratory facilities, including the research facilities of
the Administrator, to provide technical assistance and
support for States that require testing facilities for
emerging contaminants.
(C) Availability of analytical resources.--In carrying out
the study described in subparagraph (A), the Administrator
shall consider--
(i) the availability of--
(I) Federal and non-Federal laboratory capacity; and
(II) validated methods to detect and analyze contaminants;
and
(ii) other factors determined to be appropriate by the
Administrator.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study
described in paragraph (1).
(3) Program to provide federal assistance to states.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, based on the findings in the report
described in paragraph (2), the Administrator shall develop a
program to provide technical assistance and support to
eligible States for the testing and analysis of emerging
contaminants.
(B) Application.--
[[Page S3583]]
(i) In general.--To be eligible for technical assistance
and support under this paragraph, a State shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
(ii) Criteria.--The Administrator shall evaluate an
application for technical assistance and support under this
paragraph on the basis of merit using criteria identified by
the Administrator, including--
(I) the laboratory facilities available to the State;
(II) the availability and applicability of existing
analytical methodologies;
(III) the potency and severity of the emerging contaminant,
if known; and
(IV) the prevalence and magnitude of the emerging
contaminant.
(iii) Prioritization.--In selecting States to receive
technical assistance and support under this paragraph, the
Administrator--
(I) shall give priority to States with affected areas
primarily in financially distressed communities;
(II) may--
(aa) waive the application process in an emergency
situation; and
(bb) require an abbreviated application process for the
continuation of work specified in a previously approved
application that continues to meet the criteria described in
clause (ii); and
(III) shall consider the relative expertise and
availability of--
(aa) Federal and non-Federal laboratory capacity available
to the State;
(bb) analytical resources available to the State; and
(cc) other types of technical assistance available to the
State.
(C) Database of available resources.--The Administrator
shall establish and maintain a database of resources
available through the program developed under subparagraph
(A) to assist States with testing for emerging contaminants
that--
(i) is--
(I) available to States and stakeholder groups determined
by the Administrator to have scientific or material interest
in emerging contaminants, including--
(aa) drinking water and wastewater utilities;
(bb) laboratories;
(cc) Federal and State emergency responders;
(dd) State primacy agencies;
(ee) public health agencies; and
(ff) water associations;
(II) searchable; and
(III) accessible through the website of the Administrator;
and
(ii) includes a description of--
(I) qualified contract testing laboratory facilities that
conduct analyses for emerging contaminants; and
(II) the resources available in Federal laboratory
facilities to test for emerging contaminants.
(D) Water contaminant information tool.--The Administrator
shall integrate the database established under subparagraph
(C) into the Water Contaminant Information Tool of the
Environmental Protection Agency.
(4) Funding.--Of the amounts available to the
Administrator, the Administrator may use not more than
$15,000,000 in a fiscal year to carry out this subsection.
(e) Report.--Not less frequently than once every 2 years
until 2029, the Administrator shall submit to Congress a
report that describes the progress made in carrying out this
subtitle.
(f) Effect.--Nothing in this section modifies any
obligation of a State, local government, or Indian Tribe with
respect to treatment methods for, or testing or monitoring
of, drinking water.
Subtitle E--Miscellaneous
SEC. 1751. PFAS DATA CALL.
Section 8(a) of the Toxic Substances Control Act (15 U.S.C.
2607(a)) is amended by adding at the end the following:
``(7) PFAS data.--Not later than January 1, 2023, the
Administrator shall promulgate a rule in accordance with this
subsection requiring each person who has manufactured a
chemical substance that is a perfluoroalkyl or
polyfluoroalkyl substance in any year since January 1, 2006,
to submit to the Administrator a report that includes, for
each year since January 1, 2006, the information described in
paragraph (2).''.
SEC. 1752. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS.
Not later than June 22, 2020, the Administrator shall take
final action on the significant new use rule proposed by the
Administrator under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) in the proposed rule entitled ``Long-
Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate
Chemical Substances; Significant New Use Rule'' (80 Fed. Reg.
2885 (January 21, 2015)).
SEC. 1753. PFAS DESTRUCTION AND DISPOSAL GUIDANCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall publish
interim guidance on the destruction and disposal of
perfluoroalkyl and polyfluoroalkyl substances and materials
containing perfluoroalkyl and polyfluoroalkyl substances,
including--
(1) aqueous film-forming foam;
(2) soil and biosolids;
(3) textiles treated with perfluoroalkyl and
polyfluoroalkyl substances; and
(4) spent filters, membranes, and other waste from water
treatment.
(b) Considerations; Inclusions.--The interim guidance under
subsection (a) shall--
(1) take into consideration--
(A) the potential for releases of perfluoroalkyl and
polyfluoroalkyl substances during destruction or disposal,
including through volatilization, air dispersion, or
leachate; and
(B) potentially vulnerable populations living near likely
destruction or disposal sites; and
(2) provide guidance on testing and monitoring air,
effluent, and soil near potential destruction or disposal
sites for releases described in paragraph (1)(A).
(c) Revisions.--The Administrator shall publish revisions
to the interim guidance under subsection (a) as the
Administrator determines to be appropriate, but not less
frequently than once every 3 years.
SEC. 1754. PFAS RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator, acting through the
Assistant Administrator for the Office of Research and
Development, shall--
(1)(A) further examine the effects of perfluoroalkyl and
polyfluoroalkyl substances on human health and the
environment; and
(B) make publicly available information relating to the
findings under subparagraph (A);
(2) develop a process for prioritizing which perfluoroalkyl
and polyfluoroalkyl substances, or classes of perfluoroalkyl
and polyfluoroalkyl substances, should be subject to
additional research or regulatory efforts that is based on--
(A) the potential for human exposure to the substances or
classes of substances;
(B) the potential toxicity of the substances or classes of
substances; and
(C) information available about the substances or classes
of substances;
(3) develop new tools to characterize and identify
perfluoroalkyl and polyfluoroalkyl substances in the
environment, including in drinking water, wastewater, surface
water, groundwater, solids, and the air;
(4) evaluate approaches for the remediation of
contamination by perfluoroalkyl and polyfluoroalkyl
substances in the environment; and
(5) develop and implement new tools and materials to
communicate with the public about perfluoroalkyl and
polyfluoroalkyl substances.
(b) Funding.--There is authorized to be appropriated to the
Administrator to carry out this section $15,000,000 for each
of fiscal years 2020 through 2024.
______
SA 565. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At appropriate place in title X, insert the following:
SEC. ___. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE
PROCESS.
Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence, acting as
the Security Executive Agent in accordance with Executive
Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note;
relating to reforming processes related to suitability for
government employment, fitness for contractor employees, and
eligibility for access to classified national security
information), as in effect on the day before the date of the
enactment of this Act, shall issue a policy that requires not
later than December 31, 2023, for government agencies to have
access to an operational electronic portal that can be used
by human resources personnel and applicants for security
clearances to view information about the status of an
application for a security clearance and the average time
required for each phase of the security clearance process.
______
SA 566. Mr. DURBIN (for himself, Mr. Udall, Ms. Duckworth, Mr. Paul,
and Mr. Lee) submitted an amendment intended to be proposed by him to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1045. LIMITATION ON USE OF FUNDS ON MILITARY OPERATIONS
INVOLVING HOSTILITIES USING AUTHORITY OF
DECLARATION OF WAR OR AUTHORIZATION FOR USE OF
MILITARY FORCE ENACTED MORE THAN 10 YEARS
PREVIOUSLY.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used for
military operations involving hostilities, except in cases of
self defense, based solely on the authority of a declaration
of war or Authorization for Use of Military Force enacted
more than ten years before such use.
[[Page S3584]]
______
SA 567. Mr. CASEY (for himself, Mr. Toomey, and Mr. Cornyn) submitted
an amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 12__. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION
OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM
UNDUE INFLUENCE AND OTHER SECURITY THREATS.
Paragraph (2) of section 1286(c) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) is amended to read as follows:
``(2) Training, developed and delivered in consultation
with academic institutions, and other support to academic
institutions to promote security and limit undue influence on
institutions and personnel, including financial support for
execution for such activities, that--
``(A) emphasizes best practices for protection of sensitive
national security information; and
``(B) includes the dissemination of unclassified
publications and resources for identifying and protecting
against emerging threats to academic research institutions,
including specific counterintelligence guidance developed for
faculty and academic researchers based on specific
threats.''.
______
SA 568. Mr. CASEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. LOCALITY PAY EQUITY.
(a) Limiting the Number of Local Wage Areas Defined Within
a General Schedule Pay Locality.--
(1) Local wage area limitation.--Section 5343(a) of title
5, United States Code, is amended--
(A) in paragraph (1)(B)(i), by striking ``(but such'' and
all that follows through ``are employed)'';
(B) in paragraph (4), by striking ``and'' after the
semicolon;
(C) in paragraph (5), by striking the period after
``Islands'' and inserting ``; and''; and
(D) by adding at the end the following:
``(6) the Office of Personnel Management shall define not
more than 1 local wage area within a pay locality, except
that this paragraph shall not apply to the pay locality
designated as `Rest of United States'.''.
(2) General schedule pay locality defined.--Section 5342(a)
of title 5, United States Code, is amended--
(A) in paragraph (2)(C), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period after
``employee'' and inserting ``; and''; and
(C) by adding at the end the following:
``(4) `pay locality' has the meaning given that term under
section 5302.''.
(b) Regulations.--The Director of the Office of Personnel
Management shall prescribe any regulations necessary to carry
out the purpose of this section, including regulations to
ensure that the enactment of this section shall not have the
effect of reducing any rate of basic pay payable to any
individual who is serving as a prevailing rate employee (as
defined under section 5342(a)(2) of title 5, United States
Code).
(c) Applicability.--The amendments made by this section
shall apply on and after the first day of the first full pay
period beginning at least 180 days after the date of
enactment of this Act.
______
SA 569. Mr. LEAHY (for himself and Mr. Graham) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 446, strike line 7 and all that follows through
page 451, line 4.
______
SA 570. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1290. SUMMARY OF UNITED STATES STRIKES CARRIED OUT IN
SOMALIA.
(a) In General.--Not less frequently than every 14 days,
the President, acting through the Commander of the United
States Africa Command, shall make available to the public a
summary of strikes carried out by the United States in
Somalia during the preceding 14-day period.
(b) Classified Annex.--With respect to each summary under
subsection (a), the President shall submit to the appropriate
committees of Congress a classified annex, as necessary,
detailing any strike not included in such summary.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
______
SA 571. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1290. STRATEGY ON SECURITY ASSISTANCE TO NIGERIA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a strategy
for security assistance to Nigeria.
(b) Matters to Be Included.--The strategy required under
subsection (a) shall include the following:
(1) An initial assessment conducted by the Director of
National Intelligence of the major obstacles to the military
effectiveness of Nigeria in northeastern Nigeria, including--
(A) recommendations for United States diplomatic actions,
security cooperation programs, and activities to address such
obstacles; and
(B) a description of the funds required and the actions by
the Government of Nigeria necessary to address such
obstacles.
(2) A description of current activities to support
transparent mechanisms of accountability for security
services.
(3) A concrete plan to assist the security services of
Nigeria to build capacity for investigating and prosecuting
human rights abuses and effectively try cases through
transparent mechanisms.
(4) An assessment of the efforts taken by the military
forces of Nigeria to hold soldiers accountable for human
rights violations, including the Zaria massacre.
(5) As of the date of the submittal of the strategy, a
description of--
(A) all security cooperation provided to the Nigerian
security sector; and
(B) the deployment of uniformed personnel assisting with
counter-Boko Haram efforts in the Lake Chad Basin, including
the location and responsibilities of such personnel.
(6) Any other matter the Secretary considers appropriate.
(c) Prohibition of Transfers.--No precision guided
munitions or other types of air-delivered bombs shall be
transferred to the Government of Nigeria until the President
certifies that the Government of Nigeria has--
(1) made progress on military accountability for human
rights abuses, including for the Zaria massacre in December
2015 that killed 300 individuals; and
(2) publicly issued the findings of the inquiry into the
January 2016 bombing in Rann.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
______
SA 572. Mr. SCHUMER (for himself, Mrs. Gillibrand, Mr. Cardin, Mr.
Van Hollen, and Mr. Cotton) submitted an amendment intended to be
proposed by him to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
[[Page S3585]]
At the end of subtitle C of title X, add the following:
SEC. ___. SENSE OF CONGRESS ON THE NAMING OF A NAVAL VESSEL
IN HONOR OF SENIOR CHIEF PETTY OFFICER SHANNON
KENT.
(a) Findings.--Congress makes the following findings:
(1) Senior Chief Petty Officer Shannon M. Kent was born in
Pine Plains, New York.
(2) Senior Chief Petty Officer Kent enlisted in the United
States Navy on December 11, 2003.
(3) Senior Chief Petty Officer Kent was fluent in five
languages and six dialects of Arabic.
(4) Senior Chief Petty Officer Kent served five combat
tours throughout 15 years of service in the Navy.
(5) On January 16, 2019, at 35 years of age, Senior Chief
Petty Officer Kent was killed in a suicide bombing in Manbij,
Syria, while supporting Joint Task Force-Operation Inherent
Resolve.
(6) Senior Chief Petty Officer Kent was the recipient of
the Bronze Star, the Purple Heart, two Joint Service
Commendation Medals, the Navy and Marine Corps Commendation
Medal, the Army Commendation Medal, and the Joint Service
Achievement Medal, among other decorations and awards.
(7) Senior Chief Petty Officer Kent was among the first
women to participate in direct-action raids alongside Special
Operations Forces and served as the inspiration for numerous
initiatives designed to integrate women in the Special
Operations community.
(8) Senior Chief Petty Officer Kent is survived by her
husband and two children.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should name the next available
naval vessel appropriate for such name in honor of Senior
Chief Petty Officer Shannon Kent.
______
SA 573. Ms. STABENOW (for herself, Mr. Rounds, Mr. Peters, Mr.
Tillis, Ms. Baldwin, and Mr. Burr) submitted an amendment intended to
be proposed by her to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. PFAS DETECTION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(3) Perfluorinated compound.--
(A) In general.--The term ``perfluorinated compound'' means
a perfluoroalkyl substance or a polyfluoroalkyl substance
that is manmade with at least 1 fully fluorinated carbon
atom.
(B) Definitions.--In this definition:
(i) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all
the hydrogen substituents have been replaced by fluorine.
(ii) Nonfluorinated carbon atom.--The term ``nonfluorinated
carbon atom'' means a carbon atom on which no hydrogen
substituents have been replaced by fluorine.
(iii) Partially fluorinated carbon atom.--The term
``partially fluorinated carbon atom'' means a carbon atom on
which some, but not all, of the hydrogen substituents have
been replaced by fluorine.
(iv) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a manmade chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(v) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a manmade chemical containing a mix of
fully fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
(b) Performance Standard for the Detection of
Perfluorinated Compounds.--
(1) In general.--The Director shall establish a performance
standard for the detection of perfluorinated compounds.
(2) Emphasis.--
(A) In general.--In developing the performance standard
under paragraph (1), the Director shall emphasize the ability
to detect as many perfluorinated compounds present in the
environment as possible using analytical methods that--
(i) achieve limits of quantitation; and
(ii) are as sensitive as is feasible and practicable.
(B) Requirement.--In developing the performance standard
under paragraph (1), the Director shall--
(i) develop quality assurance and quality control measures
to ensure accurate sampling and testing;
(ii) develop a training program with respect to the
appropriate method of sample collection and analysis of
perfluorinated compounds; and
(iii) coordinate with the Administrator, including, if
appropriate, coordinating to develop media-specific,
validated analytical methods to detect individual and
different perfluorinated compounds simultaneously.
(c) Nationwide Sampling.--
(1) In general.--The Director shall carry out a nationwide
sampling to determine the concentration of perfluorinated
compounds in estuaries, lakes, streams, springs, wells,
wetlands, rivers, aquifers, and soil using the performance
standard developed under subsection (b)(1).
(2) Requirements.--In carrying out the sampling under
paragraph (1), the Director shall--
(A) first carry out the sampling at sources of drinking
water near locations with known or suspected releases of
perfluorinated compounds;
(B) when carrying out sampling of sources of drinking water
under subparagraph (A), carry out the sampling prior to any
treatment of the water;
(C) survey for ecological exposure to perfluorinated
compounds, with a priority in determining direct human
exposure through drinking water; and
(D) consult with--
(i) States to determine areas that are a priority for
sampling; and
(ii) the Administrator--
(I) to enhance coverage of the sampling; and
(II) to avoid unnecessary duplication.
(3) Report.--Not later than 90 days after the completion of
the sampling under paragraph (1), the Director shall prepare
a report describing the results of the sampling and submit
the report to--
(A) the Committee on Environment and Public Works, the
Committee on Energy and Natural Resources, and the Committee
on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Energy and Commerce and the Committee
on Oversight and Reform of the House of Representatives;
(C) the Senators of each State in which the Director
carried out the sampling; and
(D) each Member of the House of Representatives that
represents a district in which the Director carried out the
sampling.
(d) Data Usage.--
(1) In general.--The Director shall provide the sampling
data collected under subsection (c) to--
(A) the Administrator; and
(B) other Federal and State regulatory agencies on request.
(2) Usage.--The sampling data provided under paragraph (1)
shall be used to inform and enhance assessments of exposure,
likely health and environmental impacts, and remediation
priorities.
(e) Collaboration.--In carrying out this section, the
Director shall collaborate with--
(1) appropriate Federal and State regulators;
(2) institutions of higher education;
(3) research institutions; and
(4) other expert stakeholders.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Director to carry out this
section--
(1) $5,000,000 for fiscal year 2020; and
(2) $10,000,000 for each of fiscal years 2021 through 2024.
______
SA 574. Ms. STABENOW (for herself, Mr. Tillis, Mr. Peters, Mr. Burr,
Mrs. Shaheen, Ms. Cantwell, Ms. Baldwin, Mr. Manchin, and Ms. Hassan)
submitted an amendment intended to be proposed by her to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
In section 318(a)(2), add at the end the following:
(C) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
In section 318(a), add at the end the following:
(3) Other authority.--In addition to the requirements under
paragraph (1), when otherwise authorized to expend funds for
the purpose of addressing ground or surface water
contaminated by a perfluorinated compound, the Secretary of
Defense may, to expend those funds, enter into a grant
agreement, cooperative agreement, or contract with--
(A) the local water authority with jurisdiction over the
contamination site, including--
(i) a public water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f)); and
(ii) a publicly owned treatment works (as defined in
section 212 of the Federal Water Pollution Control Act (33
U.S.C. 1292)); or
(B) a State, local, or Tribal government.
______
SA 575. Mr. KAINE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
[[Page S3586]]
SEC. 10__. ADDITIONS TO ROUGH MOUNTAIN AND RICH HOLE
WILDERNESSES.
Section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102
Stat. 584; 114 Stat. 2057; 123 Stat. 1002) is amended by
adding at the end the following:
``(21) Rough mountain addition.--Certain land in the George
Washington National Forest comprising approximately 1,000
acres, as generally depicted as the `Rough Mountain Addition'
on the map entitled `GEORGE WASHINGTON NATIONAL FOREST -
South half - Alternative I - Selected Alternative Management
Prescriptions - Land and Resources Management Plan Final
Environmental Impact Statement' and dated March 4, 2014,
which is incorporated in the Rough Mountain Wilderness Area
designated by paragraph (1).
``(22) Rich hole addition.--
``(A) Designation.--Certain land in the George Washington
National Forest comprising approximately 4,600 acres, as
generally depicted as the `Rich Hole Addition' on the map
entitled `GEORGE WASHINGTON NATIONAL FOREST - South half -
Alternative I - Selected Alternative Management Prescriptions
- Land and Resources Management Plan Final Environmental
Impact Statement' and dated March 4, 2014, which shall be
incorporated in the Rich Hole Wilderness Area designated by
paragraph (2) on the earlier of--
``(i) the date on which the Secretary of Agriculture
publishes in the Federal Register notice that the activities
permitted under subparagraph (C) have been completed; and
``(ii) the date that is 2 years after the date of enactment
of the National Defense Authorization Act for Fiscal Year
2020.
``(B) Management.--Except as provided in subparagraph (C),
the Secretary shall manage the wilderness area designated
under subparagraph (A) in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.).
``(C) Water quality improvement activities.--
``(i) In general.--To enhance natural ecosystems within the
Rich Hole Addition by implementing certain activities to
improve water quality and aquatic passage, as described in
the Forest Service document entitled `Decision Notice for the
Lower Cowpasture Restoration and Management Project' and
dated December 2015, the Secretary of Agriculture may use
motorized equipment and mechanized transport in the Rich Hole
Addition under subparagraph (A) until the date on which the
Rich Hole Addition is incorporated into the Rich Hole
Wilderness under that subparagraph.
``(ii) Requirement.--In carrying out clause (i), the
Secretary of Agriculture, to the maximum extent practicable,
shall use the minimum tool or administrative practice
necessary to carry out that clause with the least amount of
adverse impact on wilderness character and resources.''.
______
SA 576. Mr. UDALL (for himself, Mr. Paul, Mr. Kaine, Mr. Durbin, Mr.
Merkley, and Mr. Murphy) submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION OF UNAUTHORIZED MILITARY OPERATIONS
AGAINST IRAN.
(a) In General.--No funds may be used to conduct
hostilities against the Government of Iran, against the Armed
Forces of Iran, or in the territory of Iran, except pursuant
to an Act or a joint resolution of Congress specifically
authorizing such hostilities that is enacted after the date
of the enactment of this Act.
(b) Rule of Construction.--Nothing in this section may be
construed to limit, modify, or relieve the executive branch
of any restriction, duty, or requirement regarding the use of
force or reporting requirements set forth in the War Powers
Resolution (50 U.S.C. 1541 et seq.).
______
SA 577. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 729. COMPTROLLER GENERAL REPORT ON USE OF PLANT-BASED
VACCINES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report examining the
use of plant-based vaccines by the Department of Defense in
order to respond quickly to epidemics and pandemics.
(b) Elements.--The report required by subsection (a) shall
include an assessment of the following:
(1) Whether the use of plant-based vaccines can supplement
current requirements for force protection, include vaccines
against endemic disease threats as well as biological warfare
or bioterrorism agents.
(2) Whether the development of plant-based vaccines can
help the Secretary of Defense coordinate pandemic response
plans with the Secretary of Homeland Security and the
Secretary of Health and Human Services.
(3) Whether plant-based vaccines, in addition to mammalian-
based vaccines, can allow the Secretary of Defense to best
respond to pandemic outbreaks.
(c) Follow-up on Previous Report.--The report required by
subsection (a) shall include a follow-up on the February 2017
report by the Comptroller General entitled ``DOD, HHS, and
DHS Should Use Existing Coordination Mechanisms to Improve
Their Pandemic Preparedness''.
______
SA 578. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. EXTENSION OF PILOT PROGRAM TO REHABILITATE AND
MODIFY HOMES OF DISABLED AND LOW-INCOME
VETERANS.
Section 1079(b)(9) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (38 U.S.C. 2101 note) is amended by striking ``2019''
and inserting ``2024''.
______
SA 579. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title I, add the following:
SEC. 811. ASSESSMENT OF NON-SERVICE, SOLE-SOURCE SUSTAINMENT
CONTRACTING.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall conduct an
assessment of the Department of Defense's contracts,
subcontracts, and modifications of contracts or subcontracts
to identify non-service, sole-source sustainment contracts
and the policies and practices related to such contracts.
(2) Elements.--The assessment required under paragraph (1)
shall include the following elements:
(A) The number of non-service, sole-source sustainment
contracts that the Department made in fiscal years 2016
through 2018.
(B) The total percentage of non-service sustainment
contracts that were sole-source.
(C) A description of the policies, laws, and regulations in
place to certify fair and reasonable pricing on non-service,
sole-source sustainment contracts and an assessment of their
effectiveness.
(D) A description of how often certified cost or pricing
data is requested and obtained on non-service, sole-source
sustainment contracts and the rationale provided when
certified cost or pricing data is requested but not provided.
(E) If certified cost or pricing data is requested but not
provided, the following information:
(i) The name of the offeror or contractor.
(ii) the Commercial and Government entity code.
(iii) The part number and National Stock Number (NSN).
(iv) The number of requests that the contracting officer
made to the offeror or contractor for uncertified cost or
pricing data.
(v) The number of denials that the contracting officer
received from the offeror or contractor regarding its
submission of uncertified cost or pricing data.
(vi) Documentation in accordance with section 215.404-
1(a)(i)(A)(v) of the Defense Federal Acquisition Regulation
Supplement (DFARS) Procedures, Guidance, and Information
(PGI).
(F) The percentage of non-service, sole-source sustainment
contracts that are for commercial items.
(G) The percentage of funds obligated for non-service,
sole-source sustainment contracts that are for commercial
items.
(H) An assessment of the cost of non-service, sole-source
sustainment contracts for commercial items compared to the
cost of non-service, sole-source sustainment contracts for
non-commercial items of a similar type.
(I) An evaluation of whether there are commercially
certified parts that are not certified by the Department that
meet the form, fit, and function of parts that are currently
procured through non-service, sole-source sustainment
contracts.
(J) Recommendations on how the Department of Defense can
reduce its reliance on
[[Page S3587]]
non-service, sole-source sustainment contracts.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report that includes the results of the
assessment with respect to each element described in
subsection (a)(2).
______
SA 580. Mr. YOUNG submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. SENSE OF SENATE ON INCREASING RESEARCH AND
DEVELOPMENT IN BIOPRINTING AND FABRICATION IN
AUSTERE MILITARY ENVIRONMENTS.
It is the sense of the Senate that the Defense Health
Agency should take appropriate actions to increase efforts
focused on research and development in the areas of
bioprinting and fabrication in austere military environments.
______
SA 581. Mr. COTTON (for himself, Mr. Schumer, Mr. Crapo, Mr. Brown,
Mrs. Capito, Mr. Markey, Mr. Peters, Mr. Toomey, Mr. Menendez, Mr.
Cornyn, Mrs. Shaheen, Mrs. Feinstein, and Mr. Rubio) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) The Centers for Disease Control and Prevention estimate
that from September 2017 through September 2018 more than
48,200 people in the United States died from an opioid
overdose, with synthetic opioids (excluding methadone),
contributing to a record 31,900 overdose deaths. While drug
overdose death estimates from methadone, semi-synthetic
opioids, and heroin have decreased in recent months, overdose
deaths from synthetic opioids have continued to increase.
(2) Congress and the President have taken a number of
actions to combat the demand for illicit opioids in the
United States, including enacting into law the SUPPORT for
Patients and Communities Act (Public Law 115-271; 132 Stat.
3894). While new statutes and regulations have reduced the
rate of opioid prescriptions in recent years, fully
addressing the United States opioid crisis will involve
dramatically restricting the foreign supply of illicit
opioids.
(3) The People's Republic of China is the world's largest
producer of illicit fentanyl, fentanyl analogues, and their
immediate precursors. From the People's Republic of China,
those substances are shipped primarily through express
consignment carriers or international mail directly to the
United States, or, alternatively, shipped directly to
transnational criminal organizations in Mexico, Canada, and
the Caribbean.
(4) The United States and the People's Republic of China,
Mexico, and Canada have made important strides in combating
the illicit flow of opioids through bilateral efforts of
their respective law enforcement agencies.
(5) The objective of preventing the proliferation of
illicit opioids though existing multilateral and bilateral
initiatives requires additional efforts to deny illicit
actors the financial means to sustain their markets and
distribution networks.
(6) The implementation on May 1, 2019, of the regulations
of the People's Republic of China to schedule all fentanyl
analogues as controlled substances is a major step in
combating global opioid trafficking and represents a major
achievement in United States-China law enforcement dialogues.
However, that step will effectively fulfill the commitment
that President Xi Jinping of the People's Republic of China
made to President Donald Trump at the Group of Twenty meeting
in December 2018 only if the Government of the People's
Republic of China devotes sufficient resources to full
implementation and strict enforcement of the new regulations.
The effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States, so it is in the interests of both the United
States and the People's Republic of China to support the
effective enforcement of the regulations.
(7) While the Department of the Treasury used the Foreign
Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to
sanction the first synthetic opioid trafficking entity in
April 2018, additional economic and financial sanctions
policy tools are needed to help combat the flow of synthetic
opioids into the United States.
SEC. 1703. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should apply economic and other
financial sanctions to foreign traffickers of illicit opioids
to protect the national security, foreign policy, and economy
of the United States and the health of the people of the
United States;
(2) it is imperative that the People's Republic of China
follow through on full implementation of the new regulations,
adopted May 1, 2019, to treat all fentanyl analogues as
controlled substances under the laws of the People's Republic
of China, including by devoting sufficient resources for
implementation and strict enforcement of the new regulations;
and
(3) the effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States, so it is in the interests of both the United
States and the People's Republic of China to support full,
effective, and strict enforcement of the regulations.
SEC. 1704. DEFINITIONS.
In this title:
(1) Alien; national; national of the united states.--The
terms ``alien'', ``national'', and ``national of the United
States'' have the meanings given those terms in section 101
of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary, the
Select Committee on Intelligence, and the majority leader and
the minority leader of the Senate; and
(B) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Committee on Homeland Security, the Committee on the
Judiciary, the Permanent Select Committee on Intelligence,
and the Speaker and the minority leader of the House of
Representatives.
(3) Controlled substance; listed chemical.--The terms
``controlled substance'', ``listed chemical'', ``narcotic
drug'', and ``opioid'' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(4) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network,
group, or subgroup, or any form of business collaboration.
(5) Foreign opioid trafficker.--The term ``foreign opioid
trafficker'' means any foreign person that the President
determines plays a significant role in opioid trafficking.
(6) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign country; or
(ii) any entity not organized under the laws of the United
States or a jurisdiction within the United States; and
(B) does not include the government of a foreign country.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Opioid trafficking.--The term ``opioid trafficking''
means any illicit activity--
(A) to produce, manufacture, distribute, sell, or knowingly
finance or transport illicit synthetic opioids, controlled
substances that are synthetic opioids, listed chemicals that
are synthetic opioids, or active pharmaceutical ingredients
or chemicals that are used in the production of controlled
substances that are synthetic opioids;
(B) to attempt to carry out an activity described in
subparagraph (A); or
(C) to assist, abet, conspire, or collude with other
persons to carry out such an activity.
(9) Person.--The term ``person'' means an individual or
entity.
(10) United states person.--The term ``United States
person'' means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent residence in
the United States;
(C) any entity organized under the laws of the United
States or any jurisdiction within the United States
(including a foreign branch of such an entity); or
(D) any person located in the United States.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
SEC. 1711. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.
(a) Public Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report--
(A) identifying the foreign persons that the President
determines are foreign opioid traffickers;
(B) detailing progress the President has made in
implementing this subtitle; and
[[Page S3588]]
(C) providing an update on cooperative efforts with the
Governments of Mexico and the People's Republic of China with
respect to combating foreign opioid traffickers.
(2) Identification of additional persons.--If, at any time
after submitting a report required by paragraph (1) and
before the submission of the next such report, the President
determines that a foreign person not identified in the report
is a foreign opioid trafficker, the President shall submit to
the appropriate congressional committees and leadership an
additional report containing the information required by
paragraph (1) with respect to the foreign person.
(3) Exclusion.--The President shall not be required to
include in a report under paragraph (1) or (2) any persons
with respect to which the United States has imposed sanctions
before the date of the report under this subtitle or any
other provision of law with respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by paragraph (1) or
(2) shall be submitted in unclassified form but may include a
classified annex.
(B) Availability to public.--The unclassified portion of a
report required by paragraph (1) or (2) shall be made
available to the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report, in classified
form--
(A) describing in detail the status of sanctions imposed
under this subtitle, including the personnel and resources
directed toward the imposition of such sanctions during the
preceding fiscal year;
(B) providing background information with respect to
persons newly identified as foreign opioid traffickers and
their illicit activities;
(C) describing actions the President intends to undertake
or has undertaken to implement this subtitle; and
(D) providing a strategy for identifying additional foreign
opioid traffickers.
(2) Effect on other reporting requirements.--The report
required by paragraph (1) is in addition to the obligations
of the President to keep Congress fully and currently
informed pursuant to the provisions of the National Security
Act of 1947 (50 U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter until the date that is 5 years after such date of
enactment, the President shall submit the reports required by
subsections (a) and (b) to the appropriate congressional
committees and leadership.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of
this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Director
of National Intelligence determines that such disclosure
could compromise an intelligence operation, activity, source,
or method of the United States.
(2) Law enforcement.--Notwithstanding any other provision
of this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Attorney
General, in coordination, as appropriate, with the Director
of the Federal Bureau of Investigation, the Administrator of
the Drug Enforcement Administration, the Secretary of the
Treasury, the Secretary of State, and the head of any other
appropriate Federal law enforcement agency, determines that
such disclosure could reasonably be expected--
(A) to compromise the identity of a confidential source,
including a State, local, or foreign agency or authority or
any private institution that furnished information on a
confidential basis;
(B) to jeopardize the integrity or success of an ongoing
criminal investigation or prosecution;
(C) to endanger the life or physical safety of any person;
or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2),
the Director or the Attorney General, as the case may be,
shall notify the appropriate congressional committees and
leadership of the determination and the reasons for the
determination.
(4) Rule of construction.--Nothing in this section may be
construed to authorize or compel the disclosure of
information determined by the President to be law enforcement
information, national security information, or other
information the disclosure of which is prohibited by any
other provision of law.
(e) Provision of Information Required for Reports.--The
Secretary of the Treasury, the Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary
of Homeland Security, and the Director of National
Intelligence shall consult among themselves and provide to
the President and the Director of the Office of National Drug
Control Policy the appropriate and necessary information to
enable the President to submit the reports required by
subsection (a).
SEC. 1712. SENSE OF CONGRESS ON INTERNATIONAL OPIOID CONTROL
REGIME.
It is the sense of Congress that, in order to apply
economic and other financial sanctions to foreign traffickers
of illicit opioids to protect the national security, foreign
policy, and economy of the United States--
(1) the President should instruct the Secretary of State to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, the Group of
Seven, the Group of Twenty, and trilaterally and bilaterally
with partners of the United States, to combat foreign opioid
trafficking, including by working to establish a multilateral
sanctions regime with respect to foreign opioid trafficking;
and
(2) the Secretary of State, in consultation with the
Secretary of the Treasury, should intensify efforts to
maintain and strengthen the coalition of countries formed to
combat foreign opioid trafficking.
SEC. 1713. IMPOSITION OF SANCTIONS.
The President shall impose five or more of the sanctions
described in section 1714 with respect to each foreign person
that is an entity, and four or more of such sanctions with
respect to each foreign person that is an individual, that--
(1) is identified as a foreign opioid trafficker in a
report submitted under section 1711(a); or
(2) the President determines is owned, controlled, directed
by, knowingly supplying or sourcing precursors for, or acting
for or on behalf of, such a foreign opioid trafficker.
SEC. 1714. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with
respect to a foreign person under section 1713 are the
following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits
to the foreign person.
(2) Prohibitions on financial institutions.--The following
prohibitions may be imposed with respect to a foreign person
that is a financial institution:
(A) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the financial
institution as a primary dealer in United States Government
debt instruments.
(B) Prohibition on service as a repository of government
funds.--The financial institution may not serve as agent of
the United States Government or serve as repository for
United States Government funds.
The imposition of either sanction under subparagraph (A) or
(B) shall be treated as one sanction for purposes of section
1713, and the imposition of both such sanctions shall be
treated as 2 sanctions for purposes of that section.
(3) Procurement ban.--The United States Government may not
procure, or enter into any contract for the procurement of,
any goods or services from the foreign person.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(5) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve any
interest of the foreign person.
(6) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, or transporting any property that is subject to
the jurisdiction of the United States and with respect to
which the foreign person has any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(7) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any
United States person from investing in or purchasing
significant amounts of equity or debt instruments of the
foreign person.
(8) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, the foreign person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign person, or on individuals performing
similar functions and with similar authorities as such
officer or officers, any of the sanctions described in
paragraphs (1) through (8) that are applicable.
(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of any
regulation, license, or order issued to carry out subsection
(a) shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(c) Exceptions.--
[[Page S3589]]
(1) Intelligence and law enforcement activities.--Sanctions
under this section shall not apply with respect to--
(A) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.); or
(B) any authorized intelligence and law enforcement
activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (a)(8) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967, or
other applicable international obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.
SEC. 1715. WAIVERS.
(a) Waiver for State-Owned Financial Institutions in
Countries That Cooperate in Multilateral Anti-Trafficking
Efforts.--
(1) In general.--The President may waive for a period of
not more than 12 months the application of sanctions under
this subtitle with respect to a financial institution that is
owned or controlled, directly or indirectly, by a foreign
government or any political subdivision, agency, or
instrumentality of a foreign government, if, not less than 15
days before the waiver is to take effect, the President
certifies to the appropriate congressional committees and
leadership that the foreign government is closely cooperating
with the United States in efforts to prevent opioid
trafficking.
(2) Certification.--The President may certify under
paragraph (1) that a foreign government is closely
cooperating with the United States in efforts to prevent
opioid trafficking if that government is--
(A) implementing domestic laws to schedule all fentanyl
analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements in regulations
involving the chemical and pharmaceutical production and
export of illicit opioids.
(ii) Implementing substantial improvements in judicial
regulations to combat transnational criminal organizations
that traffic opioids.
(iii) Increasing efforts to prosecute foreign opioid
traffickers.
(iv) Increasing intelligence sharing and law enforcement
cooperation with the United States with respect to opioid
trafficking.
(3) Subsequent renewal of waiver.--The President may renew
a waiver under paragraph (1) for subsequent periods of not
more than 12 months each if, not less than 15 days before the
renewal is to take effect, the Director of National
Intelligence certifies to the appropriate congressional
committees and leadership that the government of the country
to which the waiver applies has effectively implemented and
is effectively enforcing the measures that formed the basis
for the certification under paragraph (2).
(b) Waivers for National Security and Access to
Prescription Medications.--
(1) In general.--The President may waive the application of
sanctions under this subtitle if the President determines
that the application of such sanctions would harm--
(A) the national security interests of the United States;
or
(B) subject to paragraph (2), the access of United States
persons to prescription medications.
(2) Monitoring.--The President shall establish a monitoring
program to verify that a person that receives a waiver under
paragraph (1)(B) is not trafficking illicit opioids.
(3) Notification.--Not later than 15 days after making a
determination under paragraph (1), the President shall notify
the appropriate congressional committees and leadership of
the determination and the reasons for the determination.
(c) Humanitarian Waiver.--The President may waive, for
renewable periods of 180 days, the application of the
sanctions under this subtitle if the President certifies to
the appropriate congressional committees and leadership that
the waiver is necessary for the provision of humanitarian
assistance.
SEC. 1716. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED
INFORMATION.
(a) In General.--If a finding under this subtitle, or a
prohibition, condition, or penalty imposed as a result of any
such finding, is based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act
(18 U.S.C. App.)) and a court reviews the finding or the
imposition of the prohibition, condition, or penalty, the
President may submit such information to the court ex parte
and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of
any finding under this subtitle, or any prohibition,
condition, or penalty imposed as a result of any such
finding.
SEC. 1717. BRIEFINGS ON IMPLEMENTATION.
Not later than 90 days after the date of the enactment of
the Fentanyl Sanctions Act, and every 180 days thereafter
until the date that is 5 years after such date of enactment,
the President, acting through the Secretary of State, in
coordination with the Secretary of the Treasury, shall
provide to the appropriate congressional committees and
leadership a comprehensive briefing on efforts to implement
this subtitle.
SEC. 1718. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL
NARCOTICS CONTROL STRATEGY REPORT.
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(a)) is amended by adding at the end the
following:
``(9)(A) An assessment conducted by the Secretary of State,
in consultation with the Secretary of the Treasury, of the
extent to which any diplomatic efforts described in section
1712 of the Fentanyl Sanctions Act have been successful.
``(B) Each assessment required by subparagraph (A) shall
include an identification of--
``(i) the countries the governments of which have agreed to
undertake measures to apply economic or other financial
sanctions to foreign traffickers of illicit opioids and a
description of those measures; and
``(ii) the countries the governments of which have not
agreed to measures described in clause (i), and, with respect
to those countries, other measures the Secretary of State
recommends that the United States take to apply economic and
other financial sanctions to foreign traffickers of illicit
opioids.''.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
SEC. 1721. COMMISSION ON COMBATING SYNTHETIC OPIOID
TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established a commission to
develop a consensus on a strategic approach to combating the
flow of synthetic opioids into the United States.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``Commission on Synthetic
Opioid Trafficking'' (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Administrator of the Drug Enforcement
Administration.
(ii) The Secretary of Homeland Security.
(iii) The Secretary of Defense.
(iv) The Secretary of the Treasury.
(v) The Secretary of State.
(vi) Two members appointed by the majority leader of the
Senate, one of whom shall be a Member of the Senate and one
of whom shall not be.
(vii) Two members appointed by the minority leader of the
Senate, one of whom shall be a Member of the Senate and one
of whom shall not be.
(viii) Two members appointed by the Speaker of the House of
Representatives, one of whom shall be a Member of the House
of Representatives and one of whom shall not be.
(ix) Two members appointed by the minority leader of the
House of Representatives, one of whom shall be a Member of
the House of Representatives and one of whom shall not be.
(B)(i) The members of the Commission who are not Members of
Congress and who are appointed under clauses (vi) through
(ix) of subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge, or experience
in--
(I) transnational criminal organizations conducting
synthetic opioid trafficking;
(II) the production, manufacturing, distribution, sale, or
transportation of synthetic opioids; or
(III) relations between--
(aa) the United States; and
(bb) the People's Republic of China, Mexico, or any other
country of concern with respect to trafficking in synthetic
opioids.
(ii) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if
the individual possesses any personal or financial interest
in the discharge of any of the duties of the Commission.
(iii)(I) All members of the Commission described in clause
(i) shall possess an appropriate security clearance in
accordance with applicable provisions of law concerning the
handling of classified information.
(II) For the purpose of facilitating the activities of the
Commission, the Director of National Intelligence shall
expedite to the fullest degree possible the processing of
security clearances that are necessary for members of the
Commission.
(2) Co-chairs.--
(A) In general.--The Commission shall have 2 co-chairs,
selected from among the members of the Commission, one of
whom shall be a member of the majority party and one of whom
shall be a member of the minority party.
(B) Selection.--The individuals who serve as the co-chairs
of the Commission shall be jointly agreed upon by the
President, the majority leader of the Senate, the minority
[[Page S3590]]
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives.
(c) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach described in subsection (a)(1).
(2) To weigh the costs and benefits of various strategic
options to combat the flow of synthetic opioids from the
People's Republic of China, Mexico, and other countries.
(3) To evaluate whether the options described in paragraph
(2) are exclusive or complementary, the best means for
executing such options, and how the United States should
incorporate and implement such options within the strategic
approach described in subsection (a)(1).
(4) To review and make determinations on the difficult
choices present within such options, among them what norms-
based regimes the United States should seek to establish to
encourage the effective regulation of dangerous synthetic
opioids.
(5) To report on efforts by actors in the People's Republic
of China to subvert United States laws and to supply illicit
synthetic opioids to persons in the United States, including
up-to-date estimates of the scale of illicit synthetic
opioids flows from the People's Republic of China.
(6) To report on the deficiencies in the regulation of
pharmaceutical and chemical production of controlled
substances and export controls with respect to such
substances in the People's Republic of China and other
countries that allow opioid traffickers to subvert such
regulations and controls to traffic illicit opioids into the
United States.
(7) To report on the scale of contaminated or counterfeit
drugs originating from the People's Republic of China and
India.
(8) To report on how the United States could work more
effectively with provincial and local officials in the
People's Republic of China and other countries to combat the
illicit production of synthetic opioids.
(9) In weighing the options for defending the United States
against the dangers of trafficking in synthetic opioids, to
consider possible structures and authorities that need to be
established, revised, or augmented within the Federal
Government.
(d) Functioning of Commission.--The provisions of
subsections (c), (d), (e), (g), (h), (i), and (m) of section
1652 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232) shall apply to the
Commission to the same extent and in the same manner as such
provisions apply to the commission established under that
section, except that--
(1) subsection (c)(1) of that section shall be applied and
administered by substituting ``30 days'' for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be applied
and administered by inserting ``and the Attorney General''
after ``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that section
shall be applied and administered by substituting ``level V
of the Executive Schedule under section 5316'' for ``level IV
of the Executive Schedule under section 5315''.
(e) Treatment of Information Relating to National
Security.--
(1) Responsibility of director of national intelligence.--
The Director of National Intelligence shall assume
responsibility for the handling and disposition of any
information related to the national security of the United
States that is received, considered, or used by the
Commission under this section.
(2) Information provided by congress.--Any information
related to the national security of the United States that is
provided to the Commission by the appropriate congressional
committees and leadership may not be further provided or
released without the approval of the chairperson of the
committee, or the Member of Congress, as the case may be,
that provided the information to the Commission.
(3) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (h), only the
members and designated staff of the appropriate congressional
committees and leadership, the Director of National
Intelligence (and the designees of the Director), and such
other officials of the executive branch as the President may
designate shall have access to information related to the
national security of the United States that is received,
considered, or used by the Commission.
(f) Reports.--The Commission shall submit to the
appropriate congressional committees and leadership--
(1) not later than 270 days after the date of the enactment
of this Act, an initial report on the activities and
recommendations of the Commission under this section; and
(2) not later than 270 days after the submission of the
initial report under paragraph (1), a final report on the
activities and recommendations of the Commission under this
section.
(g) Limitation on Funding.--Of amounts made available under
sections 1732, 1733, and 1734 to carry out this title, not
more than $5,000,000 shall be available to the Commission in
any of fiscal years 2020 through 2023.
(h) Termination.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day
period beginning on the date on which the final report
required by subsection (f)(2) is submitted to the appropriate
congressional committees and leadership.
(2) Winding up of affairs.--The Commission may use the 120-
day period described in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(f)(2) and disseminating the report.
Subtitle C--Other Matters
SEC. 1731. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE
OF INTELLIGENCE RESOURCES IN EFFORTS TO
SANCTION FOREIGN OPIOID TRAFFICKERS.
(a) Program Required.--
(1) In general.--The Director of National Intelligence
shall, with the concurrence of the Director of the Office of
National Drug Control Policy, carry out a program to allocate
and enhance use of resources of the intelligence community,
including intelligence collection and analysis, to assist the
Secretary of the Treasury, the Secretary of State, and the
Administrator of the Drug Enforcement Administration in
efforts to identify and impose sanctions with respect to
foreign opioid traffickers under subtitle A.
(2) Focus on illicit finance.--To the extent practicable,
efforts described in paragraph (1) shall--
(A) take into account specific illicit finance risks
related to narcotics trafficking; and
(B) be developed in consultation with the Undersecretary of
the Treasury for Terrorism and Financial Crimes, appropriate
officials of the Office of Intelligence and Analysis of the
Department of the Treasury, the Director of the Financial
Crimes Enforcement Network, and appropriate Federal law
enforcement agencies.
(b) Review of Counternarcotics Efforts of the Intelligence
Community.--The Director of National Intelligence shall, in
coordination with the Director of the Office of National Drug
Control Policy, carry out a comprehensive review of the
current intelligence collection priorities of the
intelligence community for counternarcotics purposes in order
to identify whether such priorities are appropriate and
sufficient in light of the number of lives lost in the United
States each year due to use of illegal drugs.
(c) Reports.--
(1) Quarterly reports on program.--Not later than 90 days
after the date of the enactment of this Act, and every 90
days thereafter, the Director of National Intelligence and
the Director of the Office of National Drug Control Policy
shall jointly submit to the appropriate congressional
committees and leadership a report on the status and
accomplishments of the program required by subsection (a)
during the 90-day period ending on the date of the report.
The first report under this paragraph shall also include a
description of the amount of funds devoted by the
intelligence community to the efforts described in subsection
(a) during each of fiscal years 2017 and 2018.
(2) Report on review.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Director of the Office of National Drug
Control Policy shall jointly submit to the appropriate
congressional committees and leadership a comprehensive
description of the results of the review required by
subsection (b), including whether the priorities described in
that subsection are appropriate and sufficient in light of
the number of lives lost in the United States each year due
to use of illegal drugs. If the report concludes that such
priorities are not so appropriate and sufficient, the report
shall also include a description of the actions to be taken
to modify such priorities in order to assure than such
priorities are so appropriate and sufficient.
(d) Intelligence Community Defined.--In this section, 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)).
SEC. 1732. DEPARTMENT OF DEFENSE FUNDING.
(a) Source of Funds.--Subject to subsection (b), amounts
authorized to be appropriated for each of fiscal years 2020
through 2025 for the Department of Defense for operation and
maintenance shall be available solely for operations and
activities described in subsection (c).
(b) Limitation on Amount Available.--
(1) In general.--Subject to paragraph (2), the amount
available under subsection (a) in fiscal year 2020 to carry
out operations and activities described in subsection (c) may
not exceed $25,000,000.
(2) Exclusion of funds for us southcom from limitation.--
Amounts authorized to be appropriated for fiscal year 2020
for operation and maintenance and available for such fiscal
year for the United States Southern Command for operations
and activities described in subsection (c)(2) shall not count
toward the limitation applicable to such fiscal year under
paragraph (1).
(c) Operations and Activities.--The operations and
activities described in this subsection are the following:
(1) The operations and activities of any department or
agency of the United States Government (other than the
Department of Defense) solely for purposes of carrying out
this title.
(2) The operations and activities of the Department of
Defense in support of any other department or agency of the
United States
[[Page S3591]]
Government solely for purposes of carrying out this title.
(d) Supplement Not Supplant.--Amounts made available under
subsection (a) shall supplement and not supplant other
amounts available to carry out the operations and activities
described in subsection (c).
(e) Concurrence of Secretary of State.--Operations and
activities described in subsection (c) carried out with
foreign persons shall be conducted with the concurrence of
the Secretary of State.
(f) Transfer Authority.--
(1) In general.--The Secretary of Defense may transfer
funds authorized to be appropriated for the Department of
Defense as described in subsection (a) to any other
department or agency of the United States Government solely
for purposes of carrying out this title.
(2) Notice requirements.--If the Secretary transfers funds
under this subsection, the Secretary shall provide notice of
the transfer to the appropriate committees of Congress.
(3) Inapplicability of transfer limitations.--Any transfer
under this subsection in a fiscal year shall not count toward
or apply against any limitation on amounts transferrable by
the Department of Defense in such fiscal year, including any
limitation specified in an annual defense authorization Act
for such fiscal year.
SEC. 1733. DEPARTMENT OF STATE FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State for diplomatic
programs the following amounts, which shall be available to
carry out the operations and activities described in
subsection (b):
(1) $25,000,000 for fiscal year 2020.
(2) Such sums as may be necessary for each of fiscal years
2021 through 2025.
(b) Operations and Activities Described.--The operations
and activities described in this subsection are the
operations and activities of the Department of State or any
other department or agency of the United States Government in
carrying out this title.
(c) Supplement Not Supplant.--Amounts authorized to be
appropriated by subsection (a) shall supplement and not
supplant other amounts available to carry out the operations
and activities described in subsection (b).
(d) Notification Requirement.--
(1) In general.--Except as provided in paragraph (2),
amounts authorized to be appropriated by subsection (a) may
not be obligated until 15 days after the date on which the
President notifies the appropriate committees of Congress of
the President's intention to obligate such funds.
(2) Waiver.--
(A) In general.--The Secretary of State may waive the
notification requirement under paragraph (1) if the Secretary
determines that such a waiver is in the national security
interests of the United States.
(B) Notification requirement.--If the Secretary exercises
the authority provided under subparagraph (A) to waive the
notification requirement under paragraph (1), the Secretary
shall notify the appropriate committees of Congress of the
President's intention to obligate amounts authorized to be
appropriated by subsection (a) as soon as practicable, but
not later than 3 days after obligating such funds.
(e) Transfer Authority.--
(1) In general.--The Secretary of State may transfer funds
authorized to be appropriated by subsection (a) to any other
department or agency of the United States Government to carry
out this title.
(2) Notice requirements.--If the Secretary transfers funds
under this subsection, the Secretary shall provide notice of
the transfer to the appropriate committees of Congress.
SEC. 1734. DEPARTMENT OF THE TREASURY FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of the Treasury to carry
out the operations and activities described in subsection
(b)--
(1) $25,000,000 for fiscal year 2020; and
(2) such sums as may be necessary for each of fiscal years
2021 through 2025.
(b) Operations and Activities Described.--The operations
and activities described in this subsection are the
operations and activities of the Department of the Treasury
or any other department or agency of the United States
Government in carrying out this title.
(c) Supplement Not Supplant.--Amounts authorized to be
appropriated by subsection (a) shall supplement and not
supplant other amounts available to carry out the operations
and activities described in subsection (b).
(d) Notification Requirement.--
(1) In general.--Except as provided in paragraph (2),
amounts authorized to be appropriated by subsection (a) may
not be obligated until 15 days after the date on which the
President notifies the appropriate committees of Congress of
the President's intention to obligate such funds.
(2) Waiver.--
(A) In general.--The Secretary of the Treasury may waive
the notification requirement under paragraph (1) if the
Secretary determines that such a waiver is in the national
security interests of the United States.
(B) Notification requirement.--If the Secretary exercises
the authority provided under subparagraph (A) to waive the
notification requirement under paragraph (1), the Secretary
shall notify the appropriate committees of Congress of the
President's intention to obligate amounts authorized to be
appropriated by subsection (a) as soon as practicable, but
not later than 3 days after obligating such funds.
(e) Transfer Authority.--
(1) In general.--The Secretary of the Treasury may transfer
funds authorized to be appropriated by subsection (a) to any
other department or agency of the United States Government to
carry out this title.
(2) Notice requirements.--If the Secretary transfers funds
under this subsection, the Secretary shall provide notice of
the transfer to the appropriate committees of Congress.
SEC. 1735. TERMINATION.
The provisions of this title, and any sanctions imposed
pursuant to this title, shall terminate on the date that is 7
years after the date of the enactment of this Act.
SEC. 1736. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 1737. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this subtitle, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
______
SA 582. Mr. JOHNSON (for himself and Ms. Baldwin) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
In the funding table in section 4101, in the item relating
to Family of Medium Tactical Vehicle (FMTV), strike the
amount in the Senate Authorized column and insert
``138,057''.
In the funding table in section 4101, in the item relating
to Heavy Expanded Mobile Tactical Truck Extended Service,
strike the amount in the Senate Authorized column and insert
``131,841''.
In the funding table in section 4101, in the item relating
to Total Other Procurement, Army, strike the amount in the
Senate Authorized column and insert ``7,628,427''.
In the funding table in section 4101, in the item relating
to Total Procurement, strike the amount in the Senate
Authorized column and insert ``135,238,365''.
In the funding table in section 4401, in the item relating
to Military Personnel Appropriations, strike the amount in
the Senate Authorized column and insert ``142,390,523''.
In the funding table in section 4401, in the item relating
to Subtotal Military Personnel Appropriations, strike the
amount in the Senate Authorized column and insert
``142,390,523''.
In the funding table in section 4401, in the item relating
to Total Military Personnel, strike the amount in the Senate
Authorized column and insert ``150,207,338''.
______
SA 583. Mr. JOHNSON (for himself and Ms. Baldwin) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 843. SENSE OF SENATE ON IMPORTANCE OF MAINTAINING A
STABLE DEFENSE SUPPLY INCLUDING SMALL BUSINESS
SUPPLIERS.
It is the sense of the Senate that--
(1) it is in the national security interest of the United
States to maintain a stable defense supply base that includes
small business suppliers;
(2) small businesses within the defense supply base are
especially vulnerable to significant changes in funding for
acquisition programs; and
(3) the Department of Defense should avoid, to the extent
possible, drastic acquisition program changes in order to
provide more predictability and opportunities for defense
suppliers, particularly small businesses, to adapt.
[[Page S3592]]
______
SA 584. Mr. JOHNSON (for himself, Mr. Barrasso, Mrs. Capito, Mr.
Cornyn, Mr. Cramer, Mr. Grassley, Mr. Portman, Mr. Toomey, Mr.
Whitehouse, Mr. Thune, and Mr. Moran) submitted an amendment intended
to be proposed by him to the bill S. 1790, to authorize appropriations
for fiscal year 2020 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1247. SENSE OF SENATE ON MULTINATIONAL FREEDOM OF
NAVIGATION IN THE BLACK SEA AND THE
CANCELLATION OF THE NORD STREAM 2 PIPELINE.
(a) Findings.--The Senate makes the following findings:
(1) In late February 2014, the Russian Federation invaded
and illegally occupied Ukraine's Crimean peninsula, in full
contravention of the United Nations Charter and the Helsinki
Final Act, which condemn the threat or use of force as means
of altering international borders.
(2) The Russian Federation's attempted illegal annexation
of Crimea is also a direct violation of its pledges as a
signatory to the 1994 Budapest Memorandum on Security
Assurances to respect Ukraine's sovereignty and existing
borders and to refrain from the threat or use of force
against Ukraine.
(3) The inclusion of the United States and the United
Kingdom as signatories to the Budapest Memorandum was
essential in order to provide Ukraine the security assurances
needed to give up its nuclear arsenal.
(4) On November 25, 2018, military forces of the Russian
Federation attacked and seized three Ukrainian Navy vessels
and their crews as the vessels attempted to transit the Kerch
Strait between the Black Sea and the Sea of Azov.
(5) The Government of the Russian Federation still has not
released the Ukrainian crew members or returned the Ukrainian
ships that were seized illegally.
(6) European Commissioner Julian King stated that the
Government of the Russian Federation launched a
disinformation campaign over a year ago designed to paint
Ukraine and NATO as provocateurs in the Kerch Strait.
(7) As part of the Russian Federation disinformation
campaign, Russian state media outlets spread demonstrable
falsehoods, including claims that Ukraine was dredging the
Kerch Strait seabed to facilitate the stationing of a NATO
fleet, that Ukraine had intentionally infected the sea with
cholera, and that Ukrainian and British clandestine services
were conspiring to destroy the Kerch Strait bridge with a
nuclear weapon.
(8) The United States has important national interests in
the Black Sea region, including the security of three NATO
littoral states, the promotion of European energy market
diversification by ensuring unfettered European access to
energy exporters in the Caucuses and central Asia, and
combating use of the region by smugglers as a conduit for
trafficking in persons, narcotics, and arms.
(9) The Nord Stream 2 pipeline is a proposed underwater
natural gas pipeline project that would provide an additional
55,000,000,000 cubic meters of pipeline capacity from the
Russian Federation to the Federal Republic of Germany through
the Baltic Sea.
(10) The Russian Federation's state-owned oil and gas
company, Gazprom, is the sole shareholder of the Nord Stream
2 project.
(11) In 2017, there was spare capacity of approximately
55,000,000,000 cubic meters in the Ukrainian gas transit
system.
(12) Gazprom cut off natural gas exports to Europe via
Ukraine in 2006, and again in 2009, over supply and pricing
disputes with Ukraine's state-owned oil and gas company,
Naftogaz.
(13) Transit of Russian natural gas to Europe via Ukraine
declined precipitously after the completion of Nord Stream 1
in 2011, falling from 80 percent to between 40 and 50 percent
of Russia's total exports to Europe.
(14) In 2017, Russian gas accounted for 37 percent of
Europe's natural gas imports, an increase of 5 percent over
2016.
(15) On December 12, 2018, the European Parliament
overwhelmingly passed a resolution condemning both the
Russian Federation's aggression in the Kerch Strait and the
construction of the Nord Stream 2 pipeline.
(16) On December 11, 2018, the United States House of
Representatives passed a resolution calling upon the European
Union to reject the Nord Stream 2 pipeline and urging the
President to use all available means to promote energy
policies in Europe that reduce European reliance on Russian
energy exports.
(b) Sense of Senate on Multinational Freedom of Navigation
Operation in the Black Sea and the Cancellation of the Nord
Stream 2 Pipeline.--The Senate--
(1) calls upon the President--
(A) to work with United States allies to promptly lead a
robust multinational freedom of navigation operation in the
Black Sea to help demonstrate support for internationally
recognized borders, bilateral agreements, and safe passage
through the Kerch Strait and Sea of Azov; and
(B) to push back against excessive Russian Federation
claims of sovereignty;
(2) calls upon the North Atlantic Treaty Organization to
enhance allied maritime presence and capabilities, including
maritime domain awareness and coastal defense in the Black
Sea, in order to support Freedom of Navigation Operations and
allied interests;
(3) urges the President to use the authority provided under
section 1234 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1659) to
enhance the capability of the Ukrainian military;
(4) urges the President, through the Departments of State
and Defense, to provide additional security assistance to
Ukraine, especially to strengthen Ukraine's maritime
capabilities, in order to improve deterrence and defense
against further Russian aggression;
(5) reiterates that the President is required by statute to
impose mandatory sanctions on the Russian Federation under
the Countering America's Adversaries Through Sanctions Act
(Public Law 115-44);
(6) stresses that sanctions against the Russian Federation
are a direct result of the actions of the Government of the
Russian Federation and will continue and increase until there
is an appropriate change in Russian behavior;
(7) calls upon United States allies and partners in Europe
to deny Russian Navy vessels access to their ports to
resupply and refuel;
(8) notes the resolution passed by the House of
Representatives on December 11, 2018, calling on European
governments to cancel the Nord Stream 2 pipeline and urging
the President to support European energy security through a
policy of reducing reliance on the Russian Federation;
(9) applauds and concurs with the European Parliament's
December 12, 2018, resolution--
(A) condemning Russian aggression in the Kerch Strait and
the Nord Stream 2 pipeline;
(B) calling for the pipeline's cancellation due to its
threat to European energy security; and
(C) calling on the Russian Federation to guarantee freedom
of navigation in the Kerch Strait; and
(10) urges the President to continue working with Congress
and our allies to ensure the appropriate policies to deter
the Russian Federation from further aggression.
______
SA 585. Mr. SCHUMER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. ____. RADIUM TESTING AT CERTAIN LOCATIONS OF THE
DEPARTMENT OF THE NAVY.
(a) In General.--The Secretary of the Navy shall provide
for an independent third-party data quality review of all
radium testing completed by contractors of the Department of
the Navy at a covered location.
(b) Covered Location Defined.--In this section, the term
``covered location'' means any location where the Secretary
of the Navy is undertaking a project or activity funded
through one of the following accounts of the Department of
Defense:
(1) Operation and Maintenance, Environmental Restoration,
Navy.
(2) Operation and Maintenance, Environmental Restoration,
Formerly Used Defense Sites.
______
SA 586. Mr. MARKEY (for himself and Mr. Rubio) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Saudi Arabia Nuclear Nonproliferation
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Saudi Nuclear
Nonproliferation Act of 2019''.
SEC. 1292. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should not approve a civilian nuclear
cooperation agreement with Saudi Arabia until the Government
of Saudi Arabia--
(A) has been truthful and transparent with regard to the
death of Jamal Khashoggi;
(B) has renounced uranium enrichment and reprocessing on
its territory, as well as agreed to an Additional Protocol
with the International Atomic Energy Agency; and
(C) has made significant progress on the protection of
human rights, including through the release of political
prisoners;
[[Page S3593]]
(2) the United States and Saudi Arabia have traditionally
shared an important strategic partnership, which includes
joint efforts--
(A) to combat terrorism;
(B) to ensure regional stability; and
(C) to address other common challenges;
(3) the strategic partnership between the United States and
Saudi Arabia should be based on--
(A) the pursuit of shared national security interests; and
(B) respect for human rights and the rule of law; and
(4) any decision by the Government of Saudi Arabia to
pursue civilian nuclear cooperation with the Russian
Federation or the People's Republic of China, or without
signing a civilian nuclear cooperation agreement with the
United States, would--
(A) harm efforts to promote nuclear nonproliferation; and
(B) seriously undermine the strategic partnership between
the United States and Saudi Arabia.
SEC. 1293. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to require the Government of Saudi Arabia to renounce
uranium enrichment and spent fuel reprocessing on its
territory for the duration of a civilian nuclear cooperation
agreement with the United States;
(2) to require the Government of Saudi Arabia to sign and
implement the Additional Protocol with the International
Atomic Energy Agency as part of a civilian nuclear
cooperation agreement with the United States;
(3) to oppose, through the Nuclear Suppliers Group, the
sale of nuclear technology to Saudi Arabia until the
Government of Saudi Arabia has renounced uranium enrichment
and reprocessing on its territory as part of a civilian
nuclear cooperation agreement with the United States; and
(4) to seek modification of the guidelines of the Nuclear
Suppliers Group relating to the transfer of nuclear
technology, as applied with respect to Saudi Arabia, until
Saudi Arabia has renounced enrichment and reprocessing on its
territory.
SEC. 1294. CONGRESSIONAL APPROVAL REQUIRED FOR CIVILIAN
NUCLEAR COOPERATION AGREEMENT.
Notwithstanding any other requirements under section 123 of
the Atomic Energy Act of 1954 (42 U.S.C. 2153), a civilian
nuclear cooperation agreement with Saudi Arabia may only
enter into effect on or after the date on which each of the
following has occurred:
(1) The President has submitted a proposed agreement with
Saudi Arabia in accordance with the requirements of such
section 123.
(2) In conjunction with the submission referred to in
paragraph (1), the President has submitted to Congress an
unclassified report (which may include a classified annex)
that describes each of the following:
(A) The extent to which the Government of Saudi Arabia has
been truthful and transparent in its investigation into the
death of Jamal Khashoggi.
(B) Whether those responsible for his death have been
prosecuted or otherwise held accountable for such act.
(C) The extent to which Saudi Arabia has renounced uranium
enrichment and reprocessing on its territory or will commit
to renouncing such enrichment and reprocessing as part of the
proposed agreement with the United States.
(D) Whether Saudi Arabia has agreed to sign and implement
an Additional Protocol with the International Atomic Energy
Agency.
(E) The extent to which Saudi Arabia has cooperated, or is
pursuing cooperation, with the People's Republic of China or
with any other foreign governments on advancing its missile
programs and acquiring missile and other associated
technologies that would be restricted under the Missile
Technology Control Regime.
(F) The extent to which Saudi Arabia has made substantial
progress on improving the protection of human rights,
including through the release of political prisoners.
(3) On or after the date of the submission of the proposed
agreement and report required under paragraphs (1) and (2), a
joint resolution stating that Congress approves such
agreement has been enacted.
______
SA 587. Mr. MARKEY (for himself, Mr. Rubio, Mr. Kaine, and Mr. Young)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3116. REPORTING REQUIREMENTS RELATING TO APPLICATIONS
FOR AUTHORIZATION TO DEVELOP OR PRODUCE SPECIAL
NUCLEAR MATERIAL OUTSIDE THE UNITED STATES.
Section 57 of the Atomic Energy Act of 1954 (42 U.S.C.
2077) is amended by adding at the end the following:
``f. Reporting Requirements.--
``(1) Quarterly reports.--
``(A) In general.--Not later than 90 days after the date of
the enactment of this subsection, and every 90 days
thereafter, the Secretary of Energy shall submit to the
chairman and ranking member of each of the appropriate
congressional committees a report that describes each
authorization issued by the Secretary under subsection b.(2)
during the 90-day period preceding submission of the report.
``(B) Elements.--Each report required by subparagraph (A)
shall include--
``(i) a summary of each application for an authorization
under subsection b.(2) during the 90-day period preceding
submission of the report, including a description of--
``(I) whether the application was accepted or rejected;
``(II) the applicant; and
``(III) the intended purpose for which the applicant sought
the authorization; and
``(ii) an annex containing--
``(I) each application submitted to the Secretary during
that period; and
``(II) each report submitted to the Secretary under section
810.12 of title 10, Code of Federal Regulations (or any
corresponding similar regulation or ruling) during that
period.
``(C) Additional material in initial report.--The first
report required to be submitted by subparagraph (A) shall
include the matters required by subparagraph (B) for the
period beginning on March 25, 2015, and ending on the date of
the enactment of this subsection.
``(D) Review by secretary of state.--The Secretary shall
submit each report required by this paragraph to the
Secretary of State for approval before submitting the report
to the chairmen and ranking members of the appropriate
congressional committees.
``(E) Form.--Each report required by this paragraph shall
be submitted in unclassified form but may include a
classified annex.
``(2) Submission to congress of applications and certain
reports.--The Secretary of Energy shall provide to the
chairman and ranking member of each of the appropriate
congressional committees an application for an authorization
under subsection b.(2) that is pending before or has been
approved by the Secretary, or a report submitted under
section 810.12 of title 10, Code of Federal Regulations (or
any corresponding similar regulation or ruling), not later
than 10 days after receiving a request for the application or
report, as the case may be, from the chairman or ranking
member of either such committee.
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Appropriations, the Committee on
Armed Services, the Committee on Energy and Natural
Resources, and the Committee on Foreign Relations of the
Senate; and
``(B) the Committee on Appropriations, the Committee on
Armed Services, the Committee on Energy and Commerce, and the
Committee on Foreign Affairs of the House of
Representatives.''.
______
SA 588. Mr. MARKEY (for himself, Mrs. Feinstein, Mr. Van Hollen, and
Mrs. Gillibrand) submitted an amendment intended to be proposed by him
to the bill S. 1790, to authorize appropriations for fiscal year 2020
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. NATIONAL INTELLIGENCE ESTIMATE REGARDING IMPACT OF A
LAPSE IN INSPECTIONS REGIMES UNDER THE NEW
START TREATY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a National Intelligence Estimate, consisting of an
unclassified executive summary and judgments and a more
detailed, classified report on the Russian Federation's
compliance with the New START Treaty and the impact to the
intelligence collection capabilities of the United States if
the New START Treaty and its related information exchanges
and associated inspections regimes were to lapse. The
unclassified executive summary shall be released to the
public and shall, to the extent practicable, address each of
the report elements set forth in subsection (b).
(b) Report Elements.--The report required under subsection
(a) shall include the following elements:
(1) A description of the Russian Federation's compliance
with the New START Treaty.
(2) An assessment of the Russian Federation's intentions
with regard to extending the New START Treaty.
(3) A description of the intelligence collection benefits
gained as a result of the ratification and implementation of
the New START Treaty.
(4) An assessment of what specific capabilities the United
States intelligence community would have to develop and
deploy to ensure that no loss of collection capability would
occur in the event of the lapse of the New START Treaty,
including a description of--
[[Page S3594]]
(A) what intelligence insights, if any, the intelligence
community would lose and would not be replaceable if the New
START Treaty were to lapse; and
(B) the measures the intelligence community would need to
take to account for any lost capabilities, including the cost
to replace any lost capabilities, and the time to replace
lost capabilities.
(5) A cost estimate and estimated timeline for developing
these new or additional capabilities, and a description of
how new intelligence gathering requirements related to the
Russian Federation's nuclear forces may affect other United
States intelligence gathering needs.
(6) An assessment of projections for Russian Federation
nuclear and non-nuclear force size, structure, and
composition with the New START Treaty limitations in place
and without the limitations in place.
(7) An assessment of Russian Federation actions,
intentions, and likely responses to the United States
withdrawing from, suspending its obligations under, or
allowing to lapse the New START Treaty and subsequently
developing platforms and weapons beyond the New START
Treaty's limitations.
(c) Briefings.--The Director of National Intelligence shall
brief the appropriate congressional committees on the
elements set forth in subsection (a) when the National
Intelligence Estimate is submitted.
(d) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives.
(2) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed April 8, 2010,
and entered into force February 5, 2011.
______
SA 589. Mr. MARKEY (for himself and Mr. Cruz) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. REVIEW AND REPORT ON OBLIGATIONS OF THE UNITED
STATES UNDER TAIWAN RELATIONS ACT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Taiwan is a vital partner of the United States and a
critical element of the free and open Indo-Pacific region;
(2) for 40 years, the Taiwan Relations Act (22 U.S.C. 3301
et seq.) has secured peace, stability, and prosperity and
provided enormous benefits to the United States, Taiwan, and
the Indo-Pacific region; and
(3) the United States should reaffirm that the policy of
the United States toward diplomatic relations with the
People's Republic of China rests upon the expectation that
the future of Taiwan will be determined by peaceful means, as
described in that Act (22 U.S.C. 3301 et seq.).
(b) Review.--The Secretary of Defense, in coordination with
the Secretary of State, shall conduct a review of--
(1) whether, and the means by which, as applicable, the
Government of the People's Republic of China is affecting,
including through military, economic, information, digital,
diplomatic, or any other form of coercion--
(A) the security, or the social and economic system, of the
people of Taiwan;
(B) the military balance of power between the People's
Republic of China and Taiwan; or
(C) the expectation that the future of Taiwan will continue
to be determined by peaceful means; and
(2) the role of United States policy toward Taiwan with
respect to the implementation of the 2017 National Security
Strategy and the 2018 National Defense Strategy.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to
the appropriate committees of Congress a report on the review
under subsection (b).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) Recommendations on legislative changes or Department of
Defense or Department of State policy changes necessary to
ensure that the United States continues to meets its
obligations to Taiwan under the Taiwan Relations Act (22
U.S.C. 3301 et seq.).
(B) Guidelines for--
(i) new defense requirements, including requirements
relating to information and digital space;
(ii) exchanges between senior-level civilian and military
officials of the United States and Taiwan; and
(iii) the regular transfer of defense articles, especially
defense articles that are mobile, survivable, and cost
effective, to most effectively deter attacks and support the
asymmetric defense strategy of Taiwan.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 590. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. COMPTROLLER GENERAL REVIEW OF QUALITY RATING
SYSTEM FOR COMMUNITY LIVING CENTERS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Comptroller General of the United
States shall conduct a review of the quality rating system
for community living centers operated by the Department of
Veterans Affairs.
(b) Report.--Not later than [12 months], the Comptroller
General shall submit to Congress a report on the results of
the review conducted under subsection (a).
______
SA 591. Mr. CORNYN (for himself and Ms. Duckworth) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of part II of subtitle F of title V, add the
following:
SEC. 582. MILITARY SPOUSE PROFESSIONAL LICENSE RECIPROCITY.
(a) Finding.--Congress makes the following findings:
(1) Military spouses continue to experience difficulties in
transferring their professional licenses from State to State.
(2) Professional license reciprocity exists sporadically
across various States.
(b) Sense of Congress.--It is the sense of Congress that
the States should take appropriate actions to ensure that a
military spouse may engage in a business or occupation for
which a professional license is required without obtaining
the applicable professional license in the gaining State if
the spouse is currently licensed in good standing by another
State that has professional licensing requirements that are
substantially equivalent to the requirements for the license
in such gaining State.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth the results of a study,
undertaken for purposes of the report, on the feasibility and
advisability of the transference by military spouses of
professional licenses for various professions from State to
State. The report shall set forth the following:
(1) A list of the States that currently permit military
spouses to transfer such licenses, and shall specify for each
such State each profession for which such a license is so
transferrable.
(2) A ranking of the States by transferability of licenses
by military spouses, with appropriate weight being afforded
to various mechanisms for transfer, including licensure by
endorsement, temporary or provisional licensing, and
expedited application for licenses.
______
SA 592. Mr. CORNYN (for himself and Mr. Young) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title I, add the following:
SEC. 147. F-15EX AIRCRAFT PROGRAM.
(a) Designation of Major Subprogram.--In accordance with
section 2430a of title 10, United States Code, the Secretary
of Defense shall designate the F-15EX program as a major
subprogram of the F-15 aircraft program.
(b) Limitation.--Except as provided in subsection (c), none
of the funds authorized to
[[Page S3595]]
be appropriated by this Act may be obligated or expended to
procure an F-15EX aircraft until a period of 60 days has
elapsed following the date on which the Secretary of the Air
Force submits a letter of certification to the congressional
defense committees certifying that the following activities
have occurred relating to the F-15EX program:
(1) A joint requirement oversight council review has
occurred.
(2) A technology readiness assessment has been conducted.
(3) An analysis of alternatives has been completed,
including consideration of the following options:
(A) Increase in the F-35 procurement.
(B) Purchase F-15EX aircraft to recapitalize the F-15C
fleet.
(C) Purchase F-16 Blk 70 to recapitalize the F-15C fleet.
(D) Accelerate penetrating counter air/next generation air
dominance.
(4) A full and open competition or sole source
justification has been performed and Congress has been
notified.
(c) Exception for Production of Proto Types.--
(1) In general.--Notwithstanding subsection (b), the
Secretary of the Air Force may use the funds described in
paragraph (2) to develop, produce, and test not more than two
prototypes of the F-15EX aircraft.
(2) Funds described.--The funds described in this paragraph
are funds authorized to be appropriated by this Act for any
of the following:
(A) Research and development, non-recurring engineering.
(B) Aircraft procurement.
(d) F-15EX Program Defined.--In this section, the term ``F-
15EX program'' means the F-15EX aircraft program of the Air
Force as described in the materials submitted to Congress by
the Secretary of Defense in support of the budget of the
President for fiscal year 2020 (as submitted to Congress
under section 1105(a) of title 31, United States Code).
______
SA 593. Mr. CORNYN (for himself and Mr. Young) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title I, add the following:
SEC. 147. F-35 PROGRAM PRODUCTION.
(a) Procurement.--The Department of the Air Force shall
procure a minimum of 80 F-35A lightning aircraft per year
beginning in fiscal year 2021.
(b) Limitation on Procurement.--Unless and until the
Department requests authorization and appropriation for a
minimum of 80 F-35As per year, the Department of Air Force
may not procure other ``new'' tactical fighter type aircraft
without approval from the congressional defense committees
for any authorization and appropriations bill enacted after
September 30, 2019.
______
SA 594. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title VIII, add the following:
SEC. 866. AUTHORITY TO RESTRICT PROCUREMENT FROM COUNTRIES
THAT QUALIFY FOR RECIPROCAL PROCUREMENT.
The Secretary of Defense may restrict acquisitions pursuant
to subsection (c) of section 225.872-1 of the Defense Federal
Acquisition Regulation Supplement to domestic sources or
reject an otherwise acceptable offer from a qualifying
country listed in subsection (a) of such section (or any
successor regulation), for national defense reason, if
restricting the acquisition would have a substantial positive
effect on domestic employment. Before determining not to
apply the restrictions of chapter 83 of title 41, United
States Code (commonly referred to as the ``Buy American
Act'') pursuant to such section, the Secretary shall conduct
an assessment of the impact on domestic employment. The
Secretary shall provide an annual report on the findings of
all such assessments to the congressional defense committees
and the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives.
______
SA 595. Mr. REED (for himself, Mr. Tester, and Mr. Whitehouse)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. ENHANCEMENTS TO PROTECTIONS ACCORDED UNDER THE
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) Protection of Surviving Spouse With Respect to Mortgage
Foreclosure.--
(1) In general.--Section 303 of the Servicemembers Civil
Relief Act (50 U.S.C. 3953) is amended by adding at the end
the following new subsection:
``(e) Protection of Surviving Spouse.--With respect to a
servicemember who dies while in military service from a
service-connected cause and who has a surviving spouse who is
the servicemember's successor in interest to property covered
under subsection (a), this section shall apply to the
surviving spouse with respect to that property during the
one-year period beginning on the date of such death in the
same manner as if the servicemember had not died.''.
(2) Effective date.--Subsection (e) of section 303 of the
Servicemembers Civil Relief Act, as added by paragraph (1),
shall apply to the surviving spouse of a servicemember whose
death occurs on or after the date of the enactment of this
Act.
(b) Termination of Residential Leases.--
(1) In general.--Section 305 of such Act (50 U.S.C. 3955)
is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting''; or''; and
(iii) by adding at the end the following new subparagraph:
``(C) in the case of a lease described in subsection (b)(1)
and subparagraph (C) of such subsection, the date the lessee
is assigned to or otherwise relocates to quarters or a
housing facility as described in such subparagraph.''; and
(B) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following new subparagraph:
``(C) the lease is executed by or on behalf of a person who
thereafter and during the term of the lease is assigned to or
otherwise relocates to quarters of the United States or a
housing facility under the jurisdiction of a uniformed
service (as defined in section 101 of title 37, United States
Code), including housing provided under the Military Housing
Privatization Initiative.''.
(2) Manner of Termination.--Subsection (c)(1) of such
section is amended--
(A) in subparagraph (A)--
(i) by inserting ``in the case of a lease described in
subsection (b)(1) and subparagraph (A) or (B) of such
subsection,'' before ``by delivery''; and
(ii) by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) in the case of a lease described in subsection (b
)(1) and subparagraph (C) of such subsection, by delivery by
the lessee of written notice of such termination, and a
letter from the servicemember's commanding officer indicating
that the servicemember has been assigned to or is otherwise
relocating to quarters of the United States or a housing
facility under the jurisdiction of a uniformed service (as
defined in section 101 of title 37, United States Code), to
the lessor (or the lessor's grantee), or to the lessor's
agent (or the agent's grantee); and''.
(c) Definition of Military Orders and Continental United
States for Purposes of Act.--
(1) Transfer of definitions.--Such Act is further amended
by transferring paragraphs (1) and (2) of section 305(i) (50
U.S.C. 3955(i)) to the end of section 101 (50 U.S.C. 3911)
and redesignating such paragraphs, as so transferred, as
paragraphs (10) and (11), respectively.
(2) Conforming amendments.--Such Act is further amended--
(A) in section 305 (50 U.S.C. 3955), as amended by
paragraph (1), by striking subsection (i); and
(B) in section 705 (50 U.S.C. 4025), by striking ``or
naval'' both places it appears.
______
SA 596. Mr. PETERS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PILOT PROGRAM TO IMPROVE PUBLIC-PRIVATE
CYBERSECURITY OPERATIONAL COLLABORATION.
(a) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
[[Page S3596]]
(B) the Committee on Homeland Security of the House of
Representatives;
(2) the term ``appropriate Federal agencies'' means--
(A) the Department of Homeland Security; and
(B) any other agency, as determined by the Secretary;
(3) the term ``collaboration effort'' means an effort
undertaken by the appropriate Federal agencies and 1 or more
non-Federal entities under the pilot program in order to
carry out the purpose of the pilot program;
(4) the term ``critical infrastructure'' has the meaning
given that term in section 1016(e) of the USA PATRIOT Act (42
U.S.C. 5195c(e));
(5) the term ``cybersecurity provider'' means a non-Federal
entity that provides cybersecurity services to another non-
Federal entity;
(6) the term ``cybersecurity threat'' means a cybersecurity
threat, as defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501), that
affects--
(A) the national security of the United States; or
(B) critical infrastructure in the United States;
(7) the term ``malicious cyber actor'' means an entity that
poses a cybersecurity threat;
(8) the term ``non-Federal entity'' has the meaning given
the term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501); and
(9) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Establishment; Purpose.--Not later than 60 days after
the date of enactment of this Act, the Secretary, in
consultation with the heads of the appropriate Federal
agencies, may establish a pilot program under which the
appropriate Federal agencies, at the direction of the
Secretary, may collaborate with non-Federal entities in order
to coordinate and magnify Federal and non-Federal efforts to
prevent or disrupt cybersecurity threats or malicious cyber
actors.
(c) Partnership.--In carrying out the pilot program, the
Secretary may identify and partner with nonprofit
cybersecurity organizations capable of enabling near real-
time information sharing relating to cybersecurity threats
among cybersecurity providers in order to facilitate, as
appropriate--
(1) sharing of information relating to potential actions by
the Federal Government against cybersecurity threats or
malicious cyber actors with non-Federal entities;
(2) joint planning between the appropriate Federal agencies
and non-Federal entities relating to cybersecurity threats or
malicious cyber actors; and
(3) the synchronization of actions against cybersecurity
threats or malicious cyber actors by--
(A) the Federal Government;
(B) the non-Federal entities with which information is
shared under paragraph (1); and
(C) the non-Federal entities with which joint planning is
carried out under paragraph (2).
(d) Roles and Responsibilities.--
(1) In general.--The non-Federal entities involved in the
partnership described in subsection (c) shall facilitate all
non-Federal coordination, planning, and action relating to
the pilot program.
(2) Responsibilities of the secretary.--The Secretary shall
facilitate all Federal coordination, planning, and action
relating to the pilot program.
(e) Annual Reports to Appropriate Congressional
Committees.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the
Secretary shall submit to the appropriate congressional
committees a report on the collaboration efforts carried out
during the year for which the report is submitted, which
shall include--
(A) a statement of the total number collaboration efforts
carried out during the year;
(B) with respect to each collaboration effort carried out
during the year--
(i) a statement of--
(I) the identity of any malicious cyber actor that, as a
result of a cybersecurity threat that the malicious cyber
actor engaged in or was likely to engage in, was a subject of
the collaboration effort;
(II) the responsibilities under the collaboration effort of
each appropriate Federal agency and each non-Federal entity
that participated in the collaboration effort; and
(III) whether the goal of the collaboration effort was
achieved; and
(ii) a description of how each appropriate Federal agency
and each non-Federal entity that participated in the
collaboration effort collaborated in carrying out the
collaboration effort; and
(C) a description of--
(i) the ways in which the collaboration efforts carried out
during the year--
(I) were successful; and
(II) could have been improved; and
(ii) how the Secretary will improve collaboration efforts
carried out on or after the date on which the report is
submitted.
(2) Form.--Any report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(f) Termination.--The pilot program shall terminate on the
date that is 3 years after the date of enactment of this Act.
(g) Rule of Construction.--Nothing in this section shall be
construed to--
(1) authorize a non-Federal entity to engage in any
activity in violation of section 1030(a) of title 18, United
States Code; or
(2) limit an appropriate Federal agency or a non-Federal
entity from engaging in a lawful activity.
______
SA 597. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 729. STUDY ON HEALTH DATA SAFETY OF MEMBERS OF THE ARMED
FORCES AND VETERANS.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the following:
(1) The prevalence of theft of medical identification of
veterans.
(2) The measures taken by the Department of Defense to
preserve health data safety in the medical record system of
the Department while changing over to electronic records.
(3) How often the Secretary of Veterans Affairs corrects
inaccurate medical records of veterans and how pervasive of a
problem inaccurate medical records are for the Department of
Veterans Affairs.
(4) The length of time it takes for the Secretary to
correct inaccurate medical records.
(5) Whether any veterans are being denied their request to
change an erroneous medical record, and if so, the prevalence
of such an occurrence.
(b) Report.--Not later than [180 DAYS], the Comptroller
General shall submit to Congress a report on the results of
the study conducted under subsection (a).
______
SA 598. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. ___. UNITED STATES-ISRAEL DIRECTED ENERGY CAPABILITIES
COOPERATION.
(a) Authority.--
(1) In general.--(A) The Secretary of Defense, upon request
of the Ministry of Defense of Israel and with the concurrence
of the Secretary of State, is authorized to carry out
research, development, test, and evaluation activities, on a
joint basis with Israel, to establish directed energy
capabilities that address threats to the United States,
deployed forces of the United States, or Israel.
(B) Any activities carried out pursuant to such authority
shall be conducted in a manner that appropriately protects
sensitive information and the national security interests of
the United States and the national security interests of
Israel.
(2) Report.--The activities described in paragraph (1) and
subsection (b) may not be carried out until after the
Secretary of Defense submits to the appropriate committees of
Congress a report setting forth the following:
(A) A memorandum of agreement between the United States and
Israel regarding sharing of research and development costs
for the capabilities described in paragraph (1), and any
supporting documents.
(B) A certification that the memorandum of agreement--
(i) requires sharing of costs of projects, including in-
kind support, between the United States and Israel;
(ii) establishes a framework to negotiate the rights to any
intellectual property developed under the memorandum of
agreement; and
(iii) requires the United States Government to receive
semiannual reports on expenditure of funds, if any, by the
Government of Israel, including a description of what the
funds have been used for, when funds were expended, and an
identification of entities that expended the funds.
(b) Support in Connection With Activities.--
(1) In general.--(A) The Secretary of Defense may provide
maintenance and sustainment support to Israel for the
directed energy capabilities research, development, test, and
evaluation activities authorized in subsection (a)(1).
(B) Such authority includes authority to install equipment
necessary to carry out such research, development, test, and
evaluation.
(2) Report.--The support described in paragraph (1) may not
be provided until 15 days after the Secretary of Defense
submits to the appropriate committees of Congress a report
setting forth a detailed description of the support to be
provided.
[[Page S3597]]
(3) Matching contribution.--The support described in
paragraph (1) may not be provided unless the Secretary of
Defense certifies to the appropriate committees of Congress
that the Government of Israel will contribute to such
support--
(A) an amount equal to the amount of support to be so
provided; or
(B) an amount that otherwise meets the best efforts of
Israel, as mutually agreed to by the United States and
Israel.
(c) Lead Agency.--The Secretary of Defense shall designate
an appropriate research and development entity of a military
department as the lead agency of the Department of Defense in
carrying out this section.
(d) Semiannual Report.--The Secretary of Defense shall
submit to the appropriate committees of Congress on a
semiannual basis a report that contains a copy of all
semiannual reports provided by the Government of Israel to
the Department of Defense pursuant to subsection
(a)(2)(B)(iii).
(e) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Homeland Security and
Governmental Affairs, the Committee on Appropriations, and
the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, the
Committee on Appropriations, and the Permanent Select
Committee on Intelligence of the House of Representatives.
(f) Sunset.--The authority under this section to carry out
activities described in subsection (a) and to provide support
described in subsection (b) shall expire on December 31,
2024.
______
SA 599. Mr. LEE (for himself, Mrs. Feinstein, Mr. Cruz, Mr.
Whitehouse, and Ms. Collins) submitted an amendment intended to be
proposed by him to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS
AND LAWFUL PERMANENT RESIDENTS.
(a) Short Title.--This section may be cited as the ``Due
Process Guarantee Act''.
(b) Limitation on Detention.--
(1) In general.--Section 4001(a) of title 18, United States
Code, is amended--
(A) by striking ``No citizen'' and inserting the following:
``(1) No citizen or lawful permanent resident of the United
States''; and
(B) by adding at the end the following:
``(2) Any Act of Congress that authorizes an imprisonment
or detention described in paragraph (1) shall be consistent
with the Constitution and expressly authorize such
imprisonment or detention.''.
(2) Applicability.--Nothing in section 4001(a)(2) of title
18, United States Code, as added by paragraph (1)(B), may be
construed to limit, narrow, abolish, or revoke any detention
authority conferred by statute, declaration of war,
authorization to use military force, or similar authority
effective prior to the date of the enactment of this Act.
(c) Relationship to an Authorization To Use Military Force,
Declaration of War, or Similar Authority.--Section 4001 of
title 18, United States Code, as amended by subsection (b) is
further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b)(1) No United States citizen or lawful permanent
resident who is apprehended in the United States may be
imprisoned or otherwise detained without charge or trial
unless such imprisonment or detention is expressly authorized
by an Act of Congress.
``(2) A general authorization to use military force, a
declaration of war, or any similar authority, on its own, may
not be construed to authorize the imprisonment or detention
without charge or trial of a citizen or lawful permanent
resident of the United States apprehended in the United
States.
``(3) Paragraph (2) shall apply to an authorization to use
military force, a declaration of war, or any similar
authority enacted before, on, or after the date of the
enactment of the Due Process Guarantee Act.
``(4) This section may not be construed to authorize the
imprisonment or detention of a citizen of the United States,
a lawful permanent resident of the United States, or any
other person who is apprehended in the United States.''.
______
SA 600. Mr. LEE (for himself, Mr. Paul, and Mr. Braun) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. REPORTS ON ALLIED CONTRIBUTIONS TO THE COMMON
DEFENSE.
(a) Finding.--Congress finds that section 1003 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 63 Stat. 2241)--
(1) expresses the sense of Congress that, due to threats
that are ever-changing, Congress must be informed with
respect to allied contributions to the common defense to
properly assess the readiness of the United States and the
countries described in subsection (c)(2) for threats; and
(2) requires the Secretary of Defense to submit to Congress
an annual report on the contributions of allies to the common
defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the threats facing the United States--
(A) extend beyond the global war on terror; and
(B) include near-peer threats; and
(2) the President should seek from each country described
in subsection (c)(2) acceptance of international security
responsibilities and agreements to make contributions to the
common defense in accordance with the collective defense
agreements or treaties to which such country is a party.
(c) Reports on Allied Contributions to the Common
Defense.--
(1) In general.--Not later than March 1 each year, the
Secretary, in coordination with the heads of other Federal
agencies, as the Secretary determines to be necessary, shall
submit to the appropriate committees of Congress a report
containing a description of--
(A) the annual defense spending by each country described
in paragraph (2), including available data on nominal budget
figures and defense spending as a percentage of the gross
domestic products of each such country for the fiscal year
immediately preceding the fiscal year in which the report is
submitted;
(B) the activities of each such country to contribute to
military or stability operations in which the Armed Forces of
the United States are a participant or may be called upon in
accordance with a cooperative defense agreement to which the
United States is a party;
(C) any limitations placed by any such country on the use
of such contributions; and
(D) any actions undertaken by the United States or by other
countries to minimize such limitations.
(2) Countries described.--The countries described in this
paragraph are the following:
(A) Each member state of the North Atlantic Treaty
Organization.
(B) Each member state of the Gulf Cooperation Council.
(C) Each country party to the Inter-American Treaty of
Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro
September 2, 1947, and entered into force December 3, 1948
(TIAS 1838).
(D) Australia.
(E) Japan.
(F) New Zealand.
(G) The Philippines.
(H) South Korea.
(I) Thailand.
(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(4) Availability.--A report submitted under paragraph (1)
shall be made available on request to any Member of Congress.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
______
SA 601. Mr. LEE submitted an amendment intended to be proposed by him
to the bill S. 1790, to authorize appropriations for fiscal year 2020
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. WAIVER OF COASTWISE ENDORSEMENT REQUIREMENTS.
Section 12112 of title 46, United States Code, is amended
by adding at the end the following:
``(c) Waivers In Cases of Product Carrier Scarcity or
Unavailability.--
``(1) In general.--The head of an agency shall, upon
request, temporarily waive the requirements of subsection
(a), including the requirement to satisfy section 12103, if
the person requesting that waiver reasonably demonstrates to
the head of an agency that--
``(A) there is no product carrier, with respect to a
specified good, that meets such requirements, exists, and is
available to carry such good; and
[[Page S3598]]
``(B) the person made a good faith effort to locate a
product carrier that complies with such requirements.
``(2) Duration.--Any waiver issued under paragraph (1)
shall be limited in duration, and shall expire by a specified
date that is not less than 30 days after the date on which
the waiver is issued.
``(3) Extension.--Upon request, if the circumstances under
which a waiver was issued under paragraph (1) have not
substantially changed, the head of an agency shall, without
delay, grant one or more extensions to a waiver issued under
paragraph (1), for periods of not less than 15 days each.
``(4) Deadline for waiver response.--
``(A) Response deadline.--Not later than 60 days after
receiving a request for a waiver under paragraph (1), the
head of an agency shall approve or deny such request.
``(B) Findings in support of denied waiver.--If the head of
an agency denies such a request, the head of an agency shall,
not later than 14 days after denying the request, submit to
the requester a report that includes the findings that served
as the basis for denying the request.
``(C) Request deemed granted.--If the head of an agency has
neither granted nor denied the request before the response
deadline described in subparagraph (A), the request shall be
deemed granted on the date that is 61 days after the date on
which the head of an agency received the request. A waiver
that is deemed granted under this subparagraph shall be valid
for a period of 30 days.
``(5) Notice to congress.--
``(A) In general.--The head of an agency shall notify
Congress--
``(i) of any request for a temporary waiver under this
subsection, not later than 48 hours after receiving such
request; and
``(ii) of the issuance of any such waiver, not later than
48 hours after such issuance.
``(B) Contents.--The head of an agency shall include in
each notification under subparagraph (A)(ii) a detailed
explanation of the reasons the waiver is necessary.
``(6) Definitions.--In this subsection:
``(A) Product carrier.--The term `product carrier', with
respect to a good, means a vessel constructed or adapted
primarily to carry such good in bulk in the cargo spaces.
``(B) Head of an agency.--The term ``head of an agency''
means an individual, or such individual acting in that
capacity, who is responsible for the administration of the
navigation or vessel inspection laws.''.
______
SA 602. Mr. LEE submitted an amendment intended to be proposed by him
to the bill S. 1790, to authorize appropriations for fiscal year 2020
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CONGRESSIONAL APPROVAL REQUIREMENT FOR MILITARY
HUMANITARIAN OPERATIONS.
(a) Short Title.--This section may be cited as the
``Military Humanitarian Operations Act of 2019''.
(b) Military Humanitarian Operation Defined.--
(1) In general.--In this section, the term ``military
humanitarian operation'' means a military operation involving
the deployment of members or weapons systems of the United
States Armed Forces where hostile activities are reasonably
anticipated and with the aim of preventing or responding to a
humanitarian catastrophe, including its regional
consequences, or addressing a threat posed to international
peace and security. The term includes--
(A) operations undertaken pursuant to the principle of the
``responsibility to protect'' as referenced in United Nations
Security Council Resolution 1674 (2006);
(B) operations specifically authorized by the United
Nations Security Council, or other international
organizations; and
(C) unilateral deployments and deployments made in
coordination with international organizations, treaty-based
organizations, or coalitions formed to address specific
humanitarian catastrophes.
(2) Operations not included.--The term ``military
humanitarian operation'' does not mean a military operation
undertaken for the following purposes:
(A) Responding to or repelling attacks, or preventing
imminent attacks, on the United States or any of its
territorial possessions, embassies, or consulates, or members
of the United States Armed Forces.
(B) Direct acts of reprisal for attacks on the United
States or any of its territorial possessions, embassies, or
consulates, or members of the United States Armed Forces.
(C) Invoking the inherent right to individual or collective
self-defense in accordance with Article 51 of the Charter of
the United Nations.
(D) Military missions to rescue United States citizens or
military or diplomatic personnel abroad.
(E) Humanitarian missions in response to natural disasters
where no civil unrest or combat with hostile forces is
reasonably anticipated, and where such operation is for not
more than 30 days.
(F) Actions to maintain maritime freedom of navigation,
including actions aimed at combating piracy.
(G) Training exercises conducted by the United States Armed
Forces abroad where no combat with hostile forces is
reasonably anticipated.
(c) Requirement for Congressional Authorization.--The
President may not deploy members of the United States Armed
Forces into the territory, airspace, or waters of a foreign
country for a military humanitarian operation not previously
authorized by statute unless--
(1) the President submits to Congress a formal request for
authorization to use members of the Armed Forces for the
military humanitarian operation; and
(2) Congress enacts a specific authorization for such use
of forces.
(d) Severability.--If any provision of this section is held
to be unconstitutional, the remainder of the section shall
not be affected.
______
SA 603. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XVI, add the following:
SEC. ___. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.
(a) In General.--In acquiring geospatial-intelligence, the
Secretary of Defense, acting through the Director of the
National Reconnaissance Office and in coordination with the
Director of the National Geospatial-Intelligence Agency,
shall--
(1) consider the needs of the National Reconnaissance
Office, the National Geospatial-Intelligence Agency, and the
Department of Defense geospatial intelligence (GEOINT) user
community, including the combatant commanders; and
(2) leverage, to the maximum extent practicable, the
capabilities of United States industry, including through the
use of commercial geospatial-intelligence services and
acquisition of commercial satellite imagery.
(b) Obtaining Future Data.--The Secretary, as early as
possible in the acquisition process for any future Department
of Defense space system for geospatial-intelligence, shall--
(1) consider whether there is a suitable, cost-effective,
commercial capability available, or that will be available by
the planned operational date of the system, to meet any or
all of the system requirements;
(2) if a suitable, cost-effective, commercial capability is
or will be available as described in paragraph (1), determine
whether it is in the national interest to develop a
governmental space system; and
(3) submit to the appropriate committees of Congress a
report detailing any determination made under paragraphs (1)
and (2).
(c) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) Committee on Armed Services and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
______
SA 604. Mr. BENNET (for himself and Mr. Portman) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. COMPARATIVE CAPABILITIES OF ADVERSARIES IN
ARTIFICIAL INTELLIGENCE.
(a) Expansion of Duties of Official With Principal
Responsibility for Coordination of Activities Relating to
Development and Demonstration of Artificial Intelligence.--
Section 238(c)(2)(I) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) that appropriate entities in the Department are
reviewing all open sources publications from both the United
States and outside the United States that contribute, impact,
or advance artificial intelligence research and
development.''.
(b) Analysis of Comparative Capabilities of China in
Artificial Intelligence.--The Secretary of Defense shall
provide the congressional defense committees with an analysis
and briefing that includes the following:
(1) A comprehensive and national-level--
(A) comparison of public and private investment
differentiated by sector and industry;
[[Page S3599]]
(B) review of current trends in ability to set and
determine global standards and norms for artificial
intelligence technology in national security, including
efforts in international standard setting bodies;
(C) assessment of access to artificial intelligence
technology in national security; and
(D) assessment of areas and activities in which the Unites
States should invest in order to provide the United States
with technical superiority over China in relevant areas of
artificial intelligence.
(2) A comprehensive assessment of relative technical
quality of activities in the United States and China.
(3) A comprehensive assessment of the likelihood that
developments in artificial intelligence will successfully
transition into military systems of China.
(4) Predicted effects on United States national security if
current trends in China and the United States continue.
(5) Predicted effects of current trends on digital and
technology export relationships of both countries with
existing and new trading partners.
(6) Assessment of the relationships that are critical and
in need of development in both private and public sector to
ensure investment in artificial intelligence to keep pace
with current global trends.
______
SA 605. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1422.
______
SA 606. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. 5__. SENSE OF SENATE ON THE HONORABLE AND DISTINGUISHED
SERVICE OF GENERAL JOSEPH F. DUNFORD, UNITED
STATES MARINE CORPS, TO THE UNITED STATES.
(a) Findings.--The Senate makes the following findings:
(1) General Joseph F. Dunford was commissioned as a second
lieutenant in the United States Marine Corps in 1977.
(2) Since 1977, General Dunford has served as an infantry
officer at all levels and has held numerous leadership roles,
including Commander of the 5th Marine Regiment during
Operation IRAQI FREEDOM, Commander of the International
Security Assistance Force and United States Forces-
Afghanistan, and Commander, Marine Forces United States
Central Command.
(3) General Dunford served as the 32nd Assistant Commandant
of the Marine Corps from October 23, 2010, to December 15,
2012.
(4) General Dunford subsequently served as the 36th
Commandant of the Marine Corps from October 17, 2014, to
September 24, 2015.
(5) General Dunford became the highest-ranking military
officer in the United States when he was appointed as the
19th Chairman of the Joint Chiefs of Staff on October 1,
2015.
(6) General Dunford is only the second United States Marine
to hold the position of Chairman of the Joint Chiefs of
Staff.
(7) During his nearly four years as Chairman of the Joint
Chiefs of Staff, General Dunford effectively and honorably
executed the duties of the office to the highest degree.
(8) General Dunford has an extensive record of impeccable
service to the United States.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the United States deeply appreciates the decades of
honorable service of General Joseph F. Dunford; and
(2) the indispensable leadership of General Dunford and his
dedication to the men and women of the Armed Forces
demonstrates the finest example of service to the United
States.
______
SA 607. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XIV, add the following:
SEC. 1432. USE OF WORKING CAPITAL FUNDS TO CARRY OUT MINOR
MILITARY CONSTRUCTION PROJECTS AT NAVAL WARFARE
CENTERS.
(a) In General.--Paragraph (1) of subsection (u) of section
2208 of title 10, United States Code, is amended by inserting
before the period at the end the following: ``or for a minor
military construction project at a Naval Warfare Center''.
(b) Clerical Amendment.--The subsection heading for such
subsection is amended to read as follows: ``Use for Certian
Unspecified Minor Military Construction Projects''.
______
SA 608. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 12___. SENSE OF CONGRESS ON REPATRIATION OF RELIGIOUS
AND ETHNIC MINORITIES IN IRAQ TO ANCESTRAL
HOMELANDS.
(a) Findings.--Congress makes the following findings:
(1) The Nineveh Plain and the wider region have been the
ancestral homeland of Assyrian Chaldean Syriac Christians,
Yazidis, Shabak, and other religious and ethnic minorities,
where they lived for centuries until the Islamic State of
Iraq and Syria (ISIS) overran and occupied the area in 2014.
(2) In 2016, then Secretary of State John Kerry announced,
``In my judgment Daesh is responsible for genocide against
groups in areas under its control, including Yezidis,
Christians, and Shia Muslims. Daesh is genocidal by self-
proclamation, by ideology, and by actions - in what it says,
what it believes, and what it does. Daesh is also responsible
for crimes against humanity and ethnic cleansing directed at
these same groups and in some cases also against Sunni
Muslims, Kurds, and other minorities.''.
(3) These atrocities were undertaken with the specific
intent to bring about the eradication and displacement of
Christians, Yazidis, and other communities and the
destruction of their cultural heritage, in violation of the
United Nations Convention on the Prevention and Punishment of
the Crime of Genocide.
(4) In 2016, the Senate passed S. Res. 340 (114th
Congress), expressing the sense of the Senate that the
atrocities perpetrated by the Islamic State of Iraq and Syria
against religious and ethnic minorities in Iraq and Syria
include war crimes, crimes against humanity, and genocide.
(5) It is consistent with the commitments of the Republic
of Iraq, the Kurdish Regional Government, the United States,
and the international community to guarantee the restoration
of fundamental human rights, including property rights, to
genocide victims, and to see that ethnic and religious
pluralism survives in Iraq.
(6) President Trump issued orders to defeat the Islamic
State of Iraq and Syria, and with the joint efforts of the
United States and 79 allies and partners, the Islamic State
of Iraq and Syria, which once controlled large swaths of
territory in both Iraq and Syria, no longer controls any
physical territory.
(7) In July 2018, under the direction of Vice President
Pence, the Genocide Recovery and Persecution Response Program
has partnered the Department of State and the United States
Agency for International Development with local faith and
community leaders to rapidly deliver aid to persecuted
communities, beginning with Iraq.
(8) Christians in Iraq once numbered over 1,500,000 in
2003, and have dwindled to less than 200,000 today.
(9) Armed militia groups linked to Iran and operating in
Sinjar and the Nineveh Plains are increasing the instability
and insecurity of Northern Iraq, preventing the conditions
for local and indigenous minorities to return to their
homelands.
(10) Facilitating the success of communities in Sinjar and
the Nineveh Plains requires a commitment from international,
Iraqi, Kurdish and local authorities, in partnership with
local faith leaders, to promote the safety and security of
all people, especially religious and ethnic minorities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it should be a policy priority of the United States,
working with international partners, the Government of Iraq,
the Kurdistan Regional Government, and local populations to
support the safe return of displaced indigenous people of the
Nineveh Plain and Sinjar to their ancestral homeland;
(2) Iraqi Security Forces and the Kurdish Peshmerga should
work to more fully integrate all communities, including
religious communities, to counter current and future
terrorist threats; and
(3) the United States, working with international allies
and partners, should coordinate efforts to provide for the
safe return and future security of religious minorities in
the Nineveh Plain and Sinjar.
______
SA 609. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction,
[[Page S3600]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 594. PILOT PROGRAM ON THE JUNIOR RESERVE OFFICERS'
TRAINING CORPS PROGRAM AT LUCY GARRETT BECKHAM
HIGH SCHOOL, CHARLESTON COUNTY, SOUTH CAROLINA.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating may carry out a pilot program to
establish and maintain a Junior Reserve Officers' Training
Corps (JROTC) program unit in cooperation with Lucy Garrett
Beckham High School, Charleston County, South Carolina.
(b) Program Requirements.--The pilot program carried out by
the Secretary under this section shall provide to students at
Lucy Garrett Beckham High School--
(1) instruction in subject areas relating to operations of
the Coast Guard; and
(2) training in skills which are useful and appropriate for
a career in the Coast Guard.
(c) Provision of Additional Support.--In carrying out the
pilot program under this section, the Secretary may provide
to Lucy Garrett Beckham High School--
(1) assistance in course development, instruction, and
other support activities; and
(2) necessary and appropriate course materials, equipment,
and uniforms.
(d) Employment of Retired Coast Guard Personnel.--
(1) In general.--Subject to paragraph (2), the Secretary
may authorize the Lucy Garrett Beckham High School to employ,
as administrators and instructors for the pilot program,
retired Coast Guard and Coast Guard Reserve commissioned,
warrant, and petty officers not on active duty who request
that employment and who are approved by the Secretary and
Lucy Garrett Beckham High School.
(2) Authorized pay.--
(A) In general.--Retired members employed under paragraph
(1) are entitled to receive their retired or retainer pay and
an additional amount of not more than the difference
between--
(i) the amount the individual would be paid as pay and
allowance if the individual was considered to have been
ordered to active duty during the period of employment; and
(ii) the amount of retired pay the individual is entitled
to receive during that period.
(B) Payment to school.--The Secretary shall pay to Lucy
Garrett Beckham High School an amount equal to one-half of
the amount described in subparagraph (A), from funds
appropriated for such purpose.
(3) Employment not active-duty or inactive-duty training.--
Notwithstanding any other provision of law, while employed
under this subsection, an individual is not considered to be
on active-duty or inactive-duty training.
______
SA 610. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3116. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO
PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Findings.--The Senate makes the following findings:
(1) In testimony before the Committee on Armed Services of
the Senate on February 26, 2019, General John Hyten,
Commander of United States Strategic Command, stated, ``The
highest NNSA infrastructure priority is re-establishing a
plutonium pit production and fabrication capacity to meet
deterrent requirements. Our national requirement, supported
by numerous studies and analyses, requires no fewer than 80
war-reserve pits per year by 2030. I support the NNSA plan to
achieve this.''.
(2) At a press briefing on May 10, 2019, Under Secretary of
Defense for Acquisition and Sustainment Ellen Lord stated,
``We need 30 plutonium pits by 2026 for GBSD, and we need to
get 80 pits per year by 2030.''.
(3) The 2018 Nuclear Posture Review stated that a delay
beyond 2030 in reaching the capacity to produce 80 plutonium
pits per year ``would result in the need for a higher rate of
pit production at higher cost''.
(4) The National Nuclear Security Administration has
proposed to meet this requirement by continuing to expand
infrastructure at Los Alamos National Laboratory, Los Alamos,
New Mexico, which will remain the Plutonium Center of
Excellence, while building additional capacity at the
Savannah River Site, Aiken, South Carolina.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) rebuilding a robust plutonium pit production
infrastructure is critical to maintaining the viability of
the nuclear stockpile;
(2) that effort will require cooperation from experts at
the Savannah River Site, Los Alamos National Laboratory, and
across the nuclear security enterprise; and
(3) any further delay to planning and design for the full
plutonium pit production enterprise will result in
unacceptable capability gap for future stockpile stewardship
efforts.
(c) Modification to Requirements.--Section 4219 of the
Atomic Energy Defense Act (50 U.S.C. 2538a) is amended--
(1) in subsection (a), by striking paragraph (5) and
inserting the following:
``(5) during 2030, produces not less than 80 war reserve
plutonium pits.'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b), as redesignated by paragraph (2), by
striking ``2027 (or, if the authority under subsection (b) is
exercised, 2029)'' and inserting ``2030''; and
(5) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (c)'' and inserting ``subsection (b)''.
______
SA 611. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CREDIT MONITORING.
Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C.
1681c-1(k)) is amended by striking paragraph (4).
______
SA 612. Mr. VAN HOLLEN submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1008. LIMITATIONS ON TRANSFER AUTHORITY.
(a) Limitations.--The transfer of amounts authorized to be
appropriated by this Act shall be subject to the limitations
as follows:
(1) The amount that may be transferred pursuant to section
1001 may not exceed $1,000,000,000.
(2) The amount that may be transferred pursuant to section
1522 may not exceed $500,000,000.
(3) No amount may be transferred pursuant to section 1001
or 1522 into the Drug Interdiction and Counter-Drug
Activities, Defense-wide account.
(b) Modification and Clarification of Transfers in
Connection With Military Construction Authority.--
(1) Limitation on amount of funds available for national
emergency.--Section 2808 of title 10, United States Code, is
amended--
(A) by redesignating subsections (b) and (c) as subsections
(e) and (f), respectively; and
(B) by inserting after subsection (a) the following new
subsection:
``(c) Limitation on Amount of Funds Available for National
Emergency.--(1) Except as provided in paragraph (2), in the
event of a declaration by the President of a national
emergency in which the construction authority described in
subsection (a) is used, the total cost of all military
construction projects undertaken using that authority during
the national emergency may not exceed $500,000,000.
``(2) In the event of a national emergency declaration in
which the construction authority described in subsection (a)
will be used only within the United States, the total cost of
all military construction projects undertaken using that
authority during the national emergency may not exceed
$100,000,000.''.
(2) Additional condition on source of funds.--Section
2808(a) of title 10, United States Code, is amended--
(A) in the second sentence--
(i) by striking ``Such projects may'' and inserting the
following:
``(b) Conditions on Source of Funds.--(1) Military
construction projects to be undertaken using the construction
authority described in subsection (a) may''; and
(ii) by inserting before the period at the end of the
sentence the following: ``and that the Secretary of Defense
determines are otherwise unexecutable''; and
(B) by adding after the second sentence the following:
``(2) For purposes of paragraph (1), the Secretary may
determine that funds appropriated for military construction
are unexecutable if--
``(A) a military construction project for which the funds
were appropriated has been cancelled, for a reason other than
to provide funds to carry out military construction under
this section; or
``(B) the cost of a military construction project for which
the funds were appropriated has been reduced because of
project modifications or other cost savings, for a reason
other than to provide funds to carry
[[Page S3601]]
out military construction under this section.''.
(3) Waiver of other provisions of law.--Section 2808 of
title 10, United States Code, is amended by inserting after
subsection (c), as added by paragraph (2)(B), the following
new subsection:
``(d) Waiver of Other Provisions of Law in Event of
National Emergency.--In the event of a declaration by the
President of a national emergency in which the construction
authority described in subsection (a) is used, the authority
provided by such subsection to waive or disregard another
provision of law that would otherwise apply to a military
construction project authorized by this section may be used
only if--
``(1) such other provision of law does not provide a means
by which compliance with the requirements of the law may be
waived, modified, or expedited; and
``(2) the Secretary of Defense determines that the nature
of the national emergency necessitates the noncompliance with
the requirements of the law.''.
(4) Additional notification requirements.--Subsection (e)
of section 2808 of title 10, United States Code, as
redesignated by paragraph (1)(A), is amended--
(A) by striking ``of the decision'' and all that follows
through the end of the subsection and inserting the
following: ``of the following:
``(A) The reasons for the decision to use the construction
authority described in subsection (a), including, in the
event of a declaration by the President of a national
emergency, the reasons why use of the armed forces is
required in response to the declared national emergency.
``(B) The construction projects to be undertaken using the
construction authority described in subsection (a),
including, in the event of a declaration by the President of
a national emergency, an explanation of how each construction
project directly supports the immediate security, logistical,
or short-term housing and ancillary supporting facility needs
of the members of the armed forces used in the national
emergency.
``(C) The estimated cost of the construction projects to be
undertaken using the construction authority described in
subsection (a), including the cost of any real estate action
pertaining to the construction projects, and certification of
compliance with the funding conditions imposed by subsections
(b) and (c).
``(D) Any determination made pursuant to subsection (d)(2)
to waive or disregard another provision of law to undertake
any construction project using the construction authority
described in subsection (a).
``(E) The military construction projects, including any
military family housing and ancillary supporting facility
projects, to be canceled or deferred in order to provide
funds to undertake construction projects using the
construction authority described in subsection (a) and the
possible impact of the cancellation or deferment of such
military construction projects on military readiness and the
quality of life of members of the armed forces and their
dependents.''; and
(B) by adding at the end the following new paragraph:
``(2) In the event of a declaration by the President of a
national emergency in which the construction authority
described in subsection (a) is used, a construction project
to be undertaken using such construction authority may be
carried out only after the end of the five-day period
beginning on the date the notification required by paragraph
(1) is received by the appropriate committees of Congress.''.
(5) Clerical amendments.--Section 2808 of title 10, United
States Code, is further amended--
(A) in subsection (a), by inserting ``Construction
Authorized.--'' after ``(a)'';
(B) in subsection (e), as redesignated by paragraph (1)(A),
by inserting ``Notification Requirement.--(1)'' after
``(e)''; and
(C) in subsection (f), as so redesignated , by inserting
``Termination of Authority.--'' after ``(f)''.
______
SA 613. Mr. SULLIVAN submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, insert the
following:
SEC. 12__. REPORT ON ARCTIC CAPABILITIES OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of Homeland Security,
shall submit to the appropriate committees of Congress a
report on the Arctic capabilities of the Armed Forces.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A comparison of the capabilities of the United States,
the Russian Federation, the People's Republic of China, and
other countries operating in the Arctic, including an
assessment of the ability of the navy of each such country to
operate in varying sea-ice conditions.
(2) A description of commercial and foreign military
surface forces currently operating in the Arctic in
conditions inaccessible to Navy surface forces.
(3) An assessment of the potential security risk posed to
Coast Guard forces by military forces of other countries
operating in the Arctic in conditions inaccessible to Navy
surface or aviation forces in the manner such forces
currently operate.
(4) A comparison of the domain awareness capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in tandem with Navy
surface and aviation forces and the surface and aviation
forces of other allies.
(5) A comparison of the defensive capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in mutual defense with
Navy forces, other Armed Forces, and the military forces of
allies.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees; and
(2) the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
______
SA 614. Mr. SULLIVAN submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, insert the
following:
SEC. 1272. REPORT ON ARCTIC CAPABILITIES OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of Homeland Security,
shall submit to the appropriate committees of Congress a
report on the Arctic capabilities of the Armed forces.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A comparison of the capabilities of the United States,
the Russian Federation, the People's Republic of China, and
other countries operating in the Arctic, including an
assessment of the ability of the navy of each such country to
operate in varying sea-ice conditions.
(2) A description of commercial and foreign military
surface forces currently operating in the Arctic in
conditions inaccessible to Navy surface forces.
(3) An assessment of the potential security risk posed to
the Armed Forces (other than the Army, Navy, Air Force, and
Marine Corps) by military forces of other countries operating
in the Arctic in conditions inaccessible to Navy surface or
aviation forces in the manner such forces currently operate.
(4) A comparison of--
(A) current Armed Forces (other than the Army, Navy, Air
Force, and Marine Corps) domain awareness capabilities in the
Arctic; and
(B) the effects of supplementing United States capabilities
described in subparagraph (A) with Navy surface and aviation
forces and the surface and aviation forces of other allies.
(5) A comparison of--
(A) the current defensive capabilities of the Armed Forces
(other than the Army, Navy, Air Force, and Marine Corps) in
the Arctic; and
(B) the defensive capabilities of the Armed Forces (other
than the Army, Navy, Air Force, and Marine Corps) in the
Arctic in mutual defense with the military forces of allies.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101(a) of
title 10, United States Code.
______
SA 615. Mr. SULLIVAN submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
[[Page S3602]]
At the end of subtitle F of title XII, insert the
following:
SEC. 12__. REPORT ON ARCTIC CAPABILITIES OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of Homeland Security,
shall submit to the appropriate committees of Congress a
report on the Arctic capabilities of the Armed Forces.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A comparison of the capabilities of the United States,
the Russian Federation, the People's Republic of China, and
other countries operating in the Arctic, including an
assessment of the ability of the navy of each such country to
operate in varying sea-ice conditions.
(2) A description of commercial and foreign military
surface forces currently operating in the Arctic in
conditions inaccessible to Navy surface forces.
(3) An assessment of the potential security risk posed to
the Armed Forces not under the authority of title 10, United
States Code, by military forces of other countries operating
in the Arctic in conditions inaccessible to Navy surface or
aviation forces in the manner such forces currently operate.
(4) A comparison of--
(A) current domain awareness capabilities in the Arctic of
the Armed Forces not under the authority of title 10, United
States Code; and
(B) the effects of supplementing United States domain
awareness capabilities in the Arctic with Navy surface and
aviation forces and the surface and aviation forces of other
allies.
(5) A comparison of--
(A) current defensive capabilities of the Armed Forces not
under the authority of title 10, United States Code, in the
Arctic; and
(B) the defensive capabilities of the Armed Forces not
under the authority of title 10, United States Code, in
mutual defense with the Navy, other Armed Forces, and the
military forces of allies.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees; and
(2) the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
______
SA 616. Mr. SASSE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. PRECLUDING FOREIGN NATIONALS THAT POSE A NATIONAL
SECURITY RISK FROM WORKING ON DEPARTMENT OF
DEFENSE-FUNDED PROJECTS.
(a) Prohibition.--Subject to subsection (d), the Secretary
of Defense may not provide any funding to any institution of
higher education or any other entity to conduct any research
or development project unless the Secretary has completed an
assessment of the institution or entity under subsection (b)
and determined that the institution or entity meets the
requirements set forth under subsection (c).
(b) Assessment.--The Secretary of Defense, in coordination
with the Secretary of Energy, the Secretary of State, and the
Director of National Intelligence, shall assess each
institution of higher education and any other entity that
receives funding from the Department of Defense for a
research or development project to determine whether the
institution or entity meets the requirements set forth under
subsection (c).
(c) Requirements.--The requirements set forth under this
subsection are, with respect to any institutions, entities,
and projects described in subsection (a), the following:
(1)(A) Any foreign national working on such a project does
not have ties to a foreign government, military, or
intelligence agency, either officially or unofficially
through sponsorship or coercion, that would put a United
States national security interest at unnecessary risk; or
(B)(i) a foreign national working on such a project is
known to have such a tie and the foreign national has been
thoroughly vetted by either the National Counterintelligence
and Security Center, the Counterintelligence Division at the
Defense Intelligence Agency, or the appropriate Department of
Defense entity in charge of investigating counterintelligence
concerns to ensure that the foreign national's participation
does not result in sensitive intellectual property,
technologies, or research projects being known to a
government that could use it against the interests of the
United States or its allies; and
(ii) the National Counterintelligence and Security Center,
the Counterintelligence Division at the Defense Intelligence
Agency, or appropriate Department of Defense entity has
verified that the appropriate information security measures
have been taken to limit unnecessary risk to United States
national security.
(2) The institution or entity has appropriate processes and
procedures in effect to identify and vet a foreign national
working on such project.
(3) The institution or entity has consulted with either the
National Counterintelligence and Security Center, the
Counterintelligence Division at the Defense Intelligence
Agency, or the appropriate Department of Defense entity in
charge of investigating counterintelligence concerns to
establish and implement appropriate information security and
counterintelligence best practices, including educating
researchers to guard against a foreign threat to a critical
technology.
(d) Waiver.--
(1) In general.--The Secretary of Defense may waive the
prohibition in subsection (a) for an institution of higher
education or another entity if the Secretary--
(A) determines the waiver is in the national security
interest of the United States; and
(B) not later than 30 days after the date on which the
Secretary makes a determination under subparagraph (A),
submits to the appropriate committees of Congress a report on
such determination and the reasons for the determination,
including any countries to which the determination applies.
(2) Form of report.--A report submitted under paragraph
(1)(B) shall be submitted in an unclassified form, but may
contain a classified annex.
(3) Standing exemptions.--The Secretary, in consultation
with the Director of National Intelligence, may create a
standing exemption to the prohibition in subsection (a) for
foreign nationals that are citizens of Great Britain, Canada,
Australia, and New Zealand.
(e) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees;
(2) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(3) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
______
SA 617. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. ADDITIONAL AMOUNTS FOR RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION.
(a) Additional Amount for Workforce Transformation Cyber
Initiative Pilot Program.--The amount authorized to be
appropriated for fiscal year 2020 by section 201 for
research, development, test, and evaluation is hereby
increased by $25,000,000, with the amount of the increase to
be available for Information Systems Security Program (PE
0303140D8Z) for the National Security Agency National
Cryptologic School for cybersecurity and artificial
intelligence curriculum development and establishment of a
pilot program to enable workforce transformation certificate-
based courses that are developed through this effort and then
offered by Center of Academic Excellence Universities.
(b) Additional Amount for Research on Advanced Digital
Radar Systems.--The amount authorized to be appropriated for
fiscal year 2020 by section 201 for Navy research,
development, test, and evaluation is hereby increased by
$5,000,000, with the amount of the increase to be available
for University Research Initiatives (PE 0601103N) for
continued research on advanced digital radar systems to meet
the evolving goals of the Department of Defense to improve
threat detection at greater stand-off distances.
(c) Offset.--The amount authorized to be appropriated for
fiscal year 2020 by section 1405 for Defense Health Program
is hereby decreased by $30,000,000, with the amount of the
decrease to be taken from the amount made available for
procurement of the Department of Defense Healthcare
Management System Modernization.
______
SA 618. Mr. PORTMAN (for himself, Mr. Heinrich, Ms. Ernst, and Mr.
Schatz) submitted an amendment intended to be proposed by him to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
[[Page S3603]]
SEC. ___. BRIEFING ON EXPLAINABLE ARTIFICIAL INTELLIGENCE.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the congressional defense committees on the
development and applications of explainable artificial
intelligence.
(b) Elements.--The briefing required under subsection (a)
shall address the following:
(1) The extent to which the Department of Defense currently
uses and prioritizes explainable artificial intelligence.
(2) The limitations of explainable artificial intelligence
and the plans of the Department to address those limitations.
(3) The future plans of the Department to require
explainable artificial intelligence, particularly in
technologies that have warfighting applications.
(4) Any potential roadblocks to the effective deployment of
explainable artificial intelligence across the Department.
(5) Identification and description of programs and
activities, including funding and schedule, to develop or
procure explainable artificial intelligence to meet defense
requirements and technology development goals.
(6) Such other matters as the Secretary considers
appropriate.
(c) Form of Briefing.--The briefing required under
subsection (a) shall be provided in unclassified form, but
may include a classified supplement.
(d) Definition of Explainable Artificial Intelligence.--In
this section, the term `` explainable artificial
intelligence'' means artificial intelligence that has the
ability to demonstrate the rationale behind its decisions in
order for its human user to comprehend and characterize the
strengths and weaknesses of its decisionmaking process, as
well as understand how it will behave in the future in the
contexts in which it is used.
______
SA 619. Mr. GARDNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE
ACT WITH REGARD TO TAIWAN ARMS SALES.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense Indo-Pacific Strategy Report,
released on June 1, 2019, states: ``[T]he Asia Reassurance
Initiative Act, a major bipartisan legislation, was signed
into law by President Trump on December 31, 2018. This
legislation enshrines a generational whole-of-government
policy framework that demonstrates U.S. commitment to a free
and open Indo-Pacific region and includes initiatives that
promote sovereignty, rule of law, democracy, economic
engagement, and regional security.''.
(2) The Indo-Pacific Strategy Report further states: ``The
United States has a vital interest in upholding the rules-
based international order, which includes a strong,
prosperous, and democratic Taiwan. . .The Department [of
Defense] is committed to providing Taiwan with defense
articles and services in such quantity as may be necessary to
enable Taiwan to maintain a sufficient self-defense
capability.''.
(3) Section 209(b) of the Asia Reassurance Initiative Act
of 2018 (Public Law 115-409), signed into law on December 31,
2018--
(A) builds on longstanding commitments enshrined in the
Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide
Taiwan with defense articles; and
(B) states: ``The President should conduct regular
transfers of defense articles to Taiwan that are tailored to
meet the existing and likely future threats from the People's
Republic of China, including supporting the efforts of Taiwan
to develop and integrate asymmetric capabilities, as
appropriate, including mobile, survivable, and cost-effective
capabilities, into its military forces.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Asia Reassurance Initiative Act of 2018 (Public Law
115-409) has recommitted the United States to support the
close, economic, political, and security relationship between
the United States and Taiwan; and
(2) the United States should fully implement the provisions
of that Act with regard to regular defensive arms sales to
Taiwan.
(c) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Defense, or their designees, shall brief the
appropriate committees of Congress on the efforts to
implement section 209(b) of the Asia Reassurance Initiative
Act of 2018 (Public Law 115-409).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 620. Mr. BROWN (for himself and Mr. Portman) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 360. SENSE OF SENATE ON AIRCRAFT FOR MISSION
REQUIREMENTS OF AIR FORCE RESERVE COMMAND.
It is the sense of the Senate that in order to maintain
safety and increase mission readiness and interoperability of
the weather reconnaissance, aerial spray, and firefighting
system specialty mission capabilities of the Air Force
Reserve Command, the special mission units of the Air Force
Reserve Command should maintain a minimum of 12 primary
aircraft to meet mission requirements.
______
SA 621. Mr. BROWN (for himself and Mr. Portman) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. USE OF TESTING FACILITIES TO RESEARCH AND DEVELOP
HYPERSONIC TECHNOLOGY.
The Secretary of Defense shall ensure that the Department
of Defense uses all appropriate Federal testing facilities to
ensure proper research and development of hypersonic
technology.
______
SA 622. Mr. COONS (for himself, Mr. Tillis, Ms. Klobuchar, Ms.
Sinema, Mr. Young, Ms. Duckworth, Mr. Markey, Mr. Jones, Ms. Collins,
Mr. Kaine, Ms. Warren, Mr. Rubio, Mr. Lankford, and Mr. Moran)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle F of title X, insert
the following:
SEC. ___. JOHN S. MCCAIN III HUMAN RIGHTS COMMISSION.
(a) Commission Establishment.--
(1) In general.--There is established in the Senate the
John S. McCain III Human Rights Commission (in this section
referred to as the ``Commission'').
(2) Duties.--The Commission shall--
(A) serve as a forum for bipartisan discussion of
international human rights issues relating to the
jurisdictions of multiple committees of the Senate, and
promotion of internationally recognized human rights as
enshrined in the Universal Declaration of Human Rights;
(B) raise awareness of international human rights
violations through regular briefings and hearings; and
(C) collaborate with the executive branch, human rights
entities, and nongovernmental organizations to promote human
rights initiatives within the Senate.
(3) Membership.--Any Senator may become a member of the
Commission by submitting a written statement to that effect
to the Commission.
(4) Co-chairpersons of the commission.--
(A) In general.--Two members of the Commission shall be
appointed to serve as co-chairpersons of the Commission, as
follows:
(i) One co-chairperson shall be appointed, and may be
removed, by the majority leader of the Senate.
(ii) One co-chairperson shall be appointed, and may be
removed, by the minority leader of the Senate.
(B) Term.--The term of a member as a co-chairperson of the
Commission shall end on the last day of the Congress during
which the member is appointed as a co-chairperson, unless the
member ceases being a member of the Senate, leaves the
Commission, resigns from the position of co-chairperson, or
is removed.
(C) Publication.--Appointments under this paragraph shall
be printed in the Congressional Record.
(D) Vacancies.--Any vacancy in the position of co-
chairperson of the Commission shall be filled in the same
manner in which the original appointment was made.
(b) Commission Staff.--
(1) Compensation and expenses.--
(A) In general.--The Commission is authorized, from funds
made available under subsection (c), to--
[[Page S3604]]
(i) employ such staff in the manner and at a rate not to
exceed that allowed for employees of a committee of the
Senate under section 105(e)(3) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(e)(3)); and
(ii) incur such expenses as may be necessary or appropriate
to carry out its duties and functions.
(B) Expenses.--
(i) In general.--Payments made under this subsection for
receptions, meals, and food-related expenses shall be
authorized only for actual expenses incurred by the
Commission in the course of conducting its official duties
and functions.
(ii) Treatment of payments.--Amounts received as
reimbursement for expenses described in clause (i) shall not
be reported as income, and the expenses so reimbursed shall
not be allowed as a deduction under the Internal Revenue Code
of 1986.
(2) Designation of professional staff.--
(A) In general.--Each co-chairperson of the Commission may
designate 1 professional staff member.
(B) Compensation of senate employees.--In the case of the
compensation of any professional staff member designated
under subparagraph (A) who is an employee of a Member of the
Senate or of a committee of the Senate and who has been
designated to perform services for the Commission, the
professional staff member shall continue to be paid by the
Member or committee, as the case may be, but the account from
which the professional staff member is paid shall be
reimbursed for the services of the professional staff member
(including agency contributions when appropriate) out of
funds made available under subsection (c).
(C) Duties.--Each professional staff member designated
under subparagraph (A) shall--
(i) serve all members of the Commission; and
(ii) carry out such other functions as the co-chairperson
designating the professional staff member may specify.
(c) Payment of Expenses.--
(1) In general.--The expenses of the Commission shall be
paid from the Contingent Fund of the Senate, out of the
account of Miscellaneous Items, upon vouchers approved
jointly by the co-chairpersons (except that vouchers shall
not be required for the disbursement of salaries of employees
who are paid at an annual rate of pay).
(2) Amounts available.--For any fiscal year, not more than
$200,000 shall be expended for employees and expenses.
______
SA 623. Ms. DUCKWORTH (for herself and Mr. Inhofe) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. AVIATION WORKFORCE DEVELOPMENT.
(a) In General.--Section 625(c)(1) of the FAA
Reauthorization Act of 2018 (Public Law 115-254) is amended--
(1) in subparagraph (C), by striking ``or'' after the
semicolon;
(2) in subparagraph (D), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(E) an organization representing aircraft users, aircraft
owners, or aircraft pilots.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the FAA
Reauthorization Act of 2018 (Public Law 115-254).
______
SA 624. Mrs. GILLIBRAND (for herself, Mr. Tillis, and Mr. Coons)
submitted an amendment intended to be proposed by her to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. ADMINISTRATION OF CENTERS FOR MANUFACTURING
INNOVATION FUNDED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall make such
changes to the administration of covered centers so as--
(1) to encourage covered centers to leverage existing
workforce development programs across the Federal Government
and State governments in order to build successful workforce
development programs;
(2) to develop metrics to evaluate the workforce
development performed by the covered centers, including
metrics on job quality, career pathways, wages and benefits,
and efforts to support veterans, and progress in aligning
workforce skillsets with the current and long-term needs of
the Department of Defense and the defense industrial base;
(3) to allow metrics to vary between covered centers and be
updated and evaluated continuously in order to more
accurately evaluate covered centers with different goals and
missions;
(4) to encourage covered centers to consider developing
technologies that were previously funded by Federal
Government investment for early-stage research and
development and expand cross-government coordination and
collaboration to achieve this goal;
(5) to provide an opportunity for increased Department of
Defense input and oversight from senior-level military and
civilian personnel on future technology roadmaps produced by
covered centers;
(6) to reduce the barriers to collaboration between and
among multiple covered centers;
(7) to use contracting vehicles that can increase
flexibility, reduce barriers for contracting with subject-
matter experts and small and medium enterprises, enhance
partnerships between covered centers, and reduce the time to
award contracts at covered centers; and
(8) to overcome barriers to the adoption of manufacturing
processes and technologies developed by the covered centers
by the defense and commercial industrial base, particularly
small and medium enterprises, by engaging with public and
private sector partnerships and appropriate government
programs and activities, including the Hollings Manufacturing
Extension Partnership.
(b) Coordination With Other Activities.--The Secretary
shall carry out this section in coordination with activities
undertaken under--
(1) the Manufacturing Technology Program established under
section 2521 of title 10, United States Code;
(2) the Manufacturing Engineering Education Program
established under section 2196 of such title;
(3) the Defense Manufacturing Community Support Program
established under section 846 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232);
(4) manufacturing initiatives of the Secretary of Commerce,
the head of the National Office of the Network for
Manufacturing Innovation Program, the Secretary of Energy,
and such other government and private sector organizations as
the Secretary of Defense considers appropriate; and
(5) such other activities as the Secretary considers
appropriate.
(c) Definition of Covered Center.--In this section, the
term ``covered center'' means a manufacturing innovation
institute that is funded by the Department of Defense.
______
SA 625. Mr. WICKER (for himself and Ms. Cantwell) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Strike title XXXV and insert the following:
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization and Enhancement Act of 2019''.
Subtitle A--Maritime Administration
SEC. 3511. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2020, to be
available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States Merchant Marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $95,944,000, of which--
(A) $77,944,000 shall remain available until September 30,
2021 for Academy operations; and
(B) $18,000,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,280,000, of which--
(A) $2,400,000 shall remain available until September 30,
2021, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended for
direct payments to such academies;
(C) $30,080,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels;
(D) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(E) $8,000,000 shall remain available until expended for
offsetting the costs of training ship sharing.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $600,000,000, which shall
remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000, of which
$5,000,000 shall remain available until expended for
activities authorized under section 50307 of title 46, United
States Code.
[[Page S3605]]
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall
remain available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag Merchant Marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $300,000,000, which shall
remain available until expended.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)) of loan guarantees under the program, which
shall remain available until expended; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs under section
54101 of title 46, United States Code, $40,000,000, which
shall remain available until expended.
(9) For expenses necessary to implement the Port and
Intermodal Improvement Program, $600,000,000, except that no
funds shall be used for a grant award to purchase fully
automated cargo handling equipment that is remotely operated
or remotely monitored with or without the exercise of human
intervention or control, if the Secretary determines such
equipment would result in a net loss of jobs that relate to
the movement of goods through a port and its intermodal
connections.
SEC. 3512. MARITIME SECURITY PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title
46, United States Code, is amended by striking ``2025'' each
place it appears and inserting ``2035''.
(b) Effectiveness of Operating Agreements.--Section
53104(a) of title 46, United States Code, is amended by
striking ``2025'' and inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking ``$3,700,000 for each
of fiscal years 2022, 2023, 2024, and 2025.'' and inserting
``$5,233,463 for each of fiscal years 2022, 2023, 2024, and
2025; and''; and
(3) by adding at the end the following:
``(D) $5,233,463 for each of fiscal years 2026 through
2035.''.
(d) Authorization of Appropriations.--Section 53111 of
title 46, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking ``$222,000,000 for each
fiscal year thereafter through fiscal year 2025.'' and
inserting ``$314,007,780 for each of fiscal years 2022, 2023,
2024, and 2025; and''; and
(3) by adding at the end the following:
``(4) $314,007,780 for each of fiscal years 2026 through
2035.''.
SEC. 3513. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL
REPORT.
The Inspector General of the Department of Transportation
shall--
(1) not later than 180 days after the date of enactment of
this title, initiate an audit of the Maritime
Administration's actions to address only those
recommendations from Chapter 3 and recommendations 5-1, 5-2,
5-3, 5-4, 5-5, and 5-6 identified by a National Academy of
Public Administration panel in the November 2017 report
entitled ``Maritime Administration: Defining its Mission,
Aligning its Programs, and Meeting its Objectives''; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the results of that audit
once the audit is completed.
SEC. 3514. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED
PREPARATORY SCHOOL.
Section 51303 of title 46, United State Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Appointment of Candidates Selected for Preparatory
School Sponsorship.--The Secretary of Transportation may
appoint each year as cadets at the United States Merchant
Marine Academy not more than 40 qualified individuals
sponsored by the Academy to attend preparatory school during
the academic year prior to entrance in the Academy, and who
have successfully met the terms and conditions of sponsorship
set by the Academy.''.
SEC. 3515. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT
MARINE ACADEMY.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation
shall seek to enter into an agreement with the National
Academy of Public Administration (referred to in this section
as the ``Academy'') to carry out the activities described in
this section.
(b) Study Elements.--In accordance with the agreement
described in subsection (a), the Academy shall conduct a
study of the United States Merchant Marine Academy that
consists of the following:
(1) A comprehensive assessment of the United States
Merchant Marine Academy's systems, training, facilities,
infrastructure, information technology, and stakeholder
engagement.
(2) Identification of needs and opportunities for
modernization to help the United States Merchant Marine
Academy keep pace with more modern campuses.
(3) Development of an action plan for the United States
Merchant Marine Academy with specific recommendations for--
(A) improvements or updates relating to the opportunities
described in paragraph (2); and
(B) systemic changes needed to help the United States
Merchant Marine Academy achieve its mission of inspiring and
educating the next generation of the mariner workforce on a
long-term basis.
(c) Deadline and Report.--Not later than 1 year after the
date of the agreement described in subsection (a), the
Academy shall prepare and submit to the Administrator of the
Maritime Administration a report containing the action plan
described in subsection (b)(3), including specific findings
and recommendations.
SEC. 3516. GENERAL SUPPORT PROGRAM.
Section 51501 of title 46, United States Code, is amended
by adding at the end the following:
``(c) National Maritime Centers of Excellence.--The
Secretary shall designate each State maritime academy as a
National Maritime Center of Excellence.''.
SEC. 3517. MILITARY TO MARINER.
(a) Credentialing Support.--Not later than 1 year after the
date of enactment of this title, the Secretary of Defense,
the Secretary of the Department in which the Coast Guard
operates, the Secretary of Commerce, and the Secretary of
Health and Human Services, with respect to the applicable
services in their respective departments, and in coordination
with one another and with the United States Committee on the
Marine Transportation System, and in consultation with the
Merchant Marine Personnel Advisory Committee, shall,
consistent with applicable law, identify all training and
experience within the applicable service that may qualify for
merchant mariner credentialing, and submit a list of all
identified training and experience to the United States Coast
Guard National Maritime Center for a determination of whether
such training and experience counts for credentialing
purposes.
(b) Review of Applicable Service.--The United States Coast
Guard Commandant shall make a determination of whether
training and experience counts for credentialing purposes, as
described in subsection (a), not later than 6 months after
the date on which the United States Coast Guard National
Maritime Center receives a submission under subsection (a)
identifying a training or experience and requesting such a
determination.
(c) Fees and Services.--The Secretary of Defense, the
Secretary of the Department in which the Coast Guard
operates, and the Secretary of Commerce, with respect to the
applicable services in their respective departments, shall--
(1) take all necessary and appropriate actions to provide
for the waiver of fees through the National Maritime Center
license evaluation, issuance, and examination for members of
the uniformed services on active duty, if a waiver is
authorized and appropriate, and, if a waiver is not granted,
take all necessary and appropriate actions to provide for the
payment of fees for members of the uniformed services on
active duty by the applicable service to the fullest extent
permitted by law;
(2) direct the applicable services to take all necessary
and appropriate actions to provide for Transportation Worker
Identification Credential cards for members of the uniformed
services on active duty pursuing or possessing a mariner
credential, such as implementation of an equal exchange
process for active duty service members at no or minimal
cost;
(3) ensure that members of the applicable services who are
to be discharged or released from active duty and who request
certification or verification of sea service be provided such
certification or verification no later than one month after
discharge or release;
(4) ensure the applicable services have developed, or
continue to operate, as appropriate, the online resource
known as Credentialing Opportunities On-Line to support
separating members of the uniformed services who are seeking
information and assistance on merchant mariner credentialing;
and
(5) not later than 1 year after the date of enactment of
this section, take all necessary and appropriate actions to
review and implement service-related medical certifications
to merchant mariner credential requirements.
(d) Advancing Military to Mariner Within the Employer
Agencies.--
(1) In general.--The Secretary of Defense, the Secretary of
the Department in which the Coast Guard operates, the
Secretary of Commerce, and the Secretary of Health and Human
Services shall have direct hiring authority to employ
separated members of the uniformed services with valid
merchant mariner licenses or sea service experience in
support of United States national maritime needs, including
the Army Corps of Engineers, U.S. Customs and Border
Protection, and the National Oceanic and Atmospheric
Administration.
[[Page S3606]]
(2) Appointments of retired members of the armed forces.--
Except in the case of positions in the Senior Executive
Service, the requirements of section 3326(b) of title 5,
United States Code, shall not apply with respect to the
hiring of a separated member of the uniformed services under
paragraph (1).
(e) Separated Member of the Uniformed Services.--In this
section, the term ``separated member of the uniformed
services'' means an individual who--
(1) is retiring or is retired as a member of the uniformed
services;
(2) is voluntarily separating or voluntarily separated from
the uniformed services at the end of enlistment or service
obligation; or
(3) is administratively separating or has administratively
separated from the uniformed services with an honorable or
general discharge characterization.
SEC. 3518. SALVAGE RECOVERIES OF FEDERALLY OWNED CARGOES.
Section 57100 of title 46, United States Code, is amended
by adding at the end the following:
``(h) Funds Transfer Authority Related to the Use of
National Defense Reserve Fleet Vessels and the Provision of
Maritime-related Services.--
``(1) In general.--When the Secretary of Transportation
provides for the use of its vessels or maritime-related
services and goods under a reimbursable agreement with a
Federal entity, or State or local entity, authorized to
receive goods and services from the Maritime Administration
for programs, projects, activities, and expenses related to
the National Defense Reserve Fleet or maritime-related
services:
``(A) Federal entities are authorized to transfer funds to
the Secretary in advance of expenditure or upon providing the
goods or services ordered, as determined by the Secretary.
``(B) The Secretary shall determine all other terms and
conditions under which such payments should be made and
provide such goods and services using its existing or new
contracts, including general agency agreements, memoranda of
understanding, or similar agreements.
``(2) Reimbursable agreement with a federal entity.--
``(A) In general.--The Maritime Administration is
authorized to provide maritime-related services and goods
under a reimbursable agreement with a Federal entity.
``(B) Maritime-related services defined.--For the purposes
of this subsection, maritime-related services includes the
acquisition, procurement, operation, maintenance,
preservation, sale, lease, charter, construction,
reconstruction, or reconditioning (including outfitting and
equipping incidental to construction, reconstruction, or
reconditioning) of a merchant vessel or shipyard, ship site,
terminal, pier, dock, warehouse, or other installation
related to the maritime operations of a Federal entity.
``(3) Salvaging cargoes.--
``(A) In general.--The Maritime Administration may provide
services and purchase goods relating to the salvaging of
cargoes aboard vessels in the custody or control of the
Maritime Administration or its predecessor agencies and
receive and retain reimbursement from Federal entities for
all such costs as it may incur.
``(B) Reimbursement.--Reimbursement as provided for in
subparagraph (A) may come from--
``(i) the proceeds recovered from such salvage; or
``(ii) the Federal entity for which the Maritime
Administration has or will provide such goods and services,
depending on the agreement of the parties involved.
``(4) Amounts received.--Amounts received as reimbursements
under this subsection shall be credited to the fund or
account that was used to cover the costs incurred by the
Secretary or, if the period of availability of obligations
for that appropriation has expired, to the appropriation of
funds that is currently available to the Secretary for
substantially the same purpose. Amounts so credited shall be
merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
``(5) Advance payments.--Payments made in advance shall be
for any part of the estimated cost as determined by the
Secretary of Transportation. Adjustments to the amounts paid
in advance shall be made as agreed to by the Secretary of
Transportation and the head of the ordering agency or unit
based on the actual cost of goods or services provided.
``(6) Bill or request for payment.--A bill submitted or a
request for payment is not subject to audit or certification
in advance of payment.''.
SEC. 3519. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF
VESSELS AND CARGOES.
Section 53909 of title 46, United States Code, is amended
by adding at the end the following:
``(e) Salvage Agreements.--The Secretary of Transportation
is authorized to enter into marine salvage agreements for the
recoveries, sale, and disposal of sunken or damaged vessels,
cargoes, or properties owned or insured by or on behalf of
the Maritime Administration, the United States Shipping
Board, the U.S. Shipping Bureau, the United States Maritime
Commission, or the War Shipping Administration.
``(f) Military Craft.--The Secretary of Transportation
shall consult with the Secretary of the military department
concerned prior to engaging in or authorizing any activity
under subsection (e) that will disturb sunken military craft,
as defined in title XIV of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 113
note).
``(g) Recoveries.--Notwithstanding other provisions of law,
the net proceeds from salvage agreements entered into as
authorized in subsection (e) shall remain available until
expended and be distributed as follows for marine insurance-
related salvages:
``(1) Fifty percent of the net funds recovered shall be
deposited in the war risk revolving fund and shall be
available for the purposes of the war risk revolving fund.
``(2) Fifty percent of the net funds recovered shall be
deposited in the Vessel Operations Revolving Fund as
established by section 50301(a) of this title and shall be
available until expended as follows:
``(A) Fifty percent shall be available to the Administrator
of the Maritime Administration for such acquisition,
maintenance, repair, reconditioning, or improvement of
vessels in the National Defense Reserve Fleet as is
authorized under other Federal law.
``(B) Twenty-five percent shall be available to the
Administrator of the Maritime Administration for the payment
or reimbursement of expenses incurred by or on behalf of
State maritime academies or the United States Merchant Marine
Academy for facility and training ship maintenance, repair,
and modernization, and for the purchase of simulators and
fuel.
``(C) The remainder shall be distributed for maritime
heritage preservation to the Department of the Interior for
grants as authorized by section 308703 of title 54.''.
SEC. 3520. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Ports
Improvement Act''.
(b) Port and Intermodal Improvement Program.--Section 50302
of title 46, United States Code, is amended by striking
subsection (c) and inserting the following:
``(c) Port and Intermodal Improvement Program.--
``(1) General authority.--Subject to the availability of
appropriations, the Secretary of Transportation shall make
grants, on a competitive basis, to eligible applicants to
assist in funding eligible projects for the purpose of
improving the safety, efficiency, or reliability of the
movement of goods through ports and intermodal connections to
ports.
``(2) Eligible applicant.--The Secretary may make a grant
under this subsection to the following:
``(A) A State.
``(B) A political subdivision of a State, or a local
government.
``(C) A public agency or publicly chartered authority
established by 1 or more States.
``(D) A special purpose district with a transportation
function.
``(E) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), without regard to capitalization), or a
consortium of Indian Tribes.
``(F) A multistate or multijurisdictional group of entities
described in this subsection.
``(G) A lead entity described in subparagraph (A), (B),
(C), (D), (E), or (F) jointly with a private entity or group
of private entities.
``(3) Eligible projects.--The Secretary may make a grant
under this subsection--
``(A) for a project, or package of projects, that--
``(i) is either--
``(I) within the boundary of a port; or
``(II) outside the boundary of a port, but is directly
related to port operations or to an intermodal connection to
a port; and
``(ii) will be used to improve the safety, efficiency, or
reliability of--
``(I) the loading and unloading of goods at the port, such
as for marine terminal equipment;
``(II) the movement of goods into, out of, around, or
within a port, such as for highway or rail infrastructure,
intermodal facilities, freight intelligent transportation
systems, and digital infrastructure systems;
``(III) environmental mitigation measures and operational
improvements directly related to enhancing the efficiency of
ports and intermodal connections to ports; or
``(IV) the movement of vessels in and out of the port
facility by dredging a vessel berthing area, making other
improvements to a vessel berth, or performing construction or
maintenance dredging that is not part of a Federal channel;
or
``(B) notwithstanding paragraph (6)(A)(v), to provide
financial assistance to 1 or more projects under subparagraph
(A) for development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, and preliminary engineering and design
work.
``(4) Prohibited uses.--A grant award under this subsection
may not be used--
``(A) to finance or refinance the construction,
reconstruction, reconditioning, or purchase of a vessel that
is eligible for such assistance under chapter 537, unless the
Secretary determines such vessel--
``(i) is necessary for a project described in paragraph
(3)(A)(ii)(III) of this subsection; and
``(ii) is not receiving assistance under chapter 537; or
[[Page S3607]]
``(B) for any project within a small shipyard (as defined
in section 54101).
``(5) Applications and process.--
``(A) Applications.--To be eligible for a grant under this
subsection, an eligible applicant shall submit to the
Secretary an application in such form, at such time, and
containing such information as the Secretary considers
appropriate.
``(B) Solicitation process.--Not later than 60 days after
the date that amounts are made available for grants under
this subsection for a fiscal year, the Secretary shall
solicit grant applications for eligible projects in
accordance with this subsection.
``(6) Project selection criteria.--
``(A) In general.--The Secretary may select a project
described in paragraph (3) for funding under this subsection
if the Secretary determines that--
``(i) the project improves the safety, efficiency, or
reliability of the movement of goods through a port or
intermodal connection to a port;
``(ii) the project is cost effective;
``(iii) the eligible applicant has authority to carry out
the project;
``(iv) the eligible applicant has sufficient funding
available to meet the matching requirements under paragraph
(8);
``(v) the project will be completed without unreasonable
delay; and
``(vi) the project cannot be easily and efficiently
completed without Federal funding or financial assistance
available to the project sponsor.
``(B) Additional considerations.--In selecting projects
described in paragraph (3) for funding under this subsection,
the Secretary shall give substantial weight to--
``(i) the utilization of non-Federal contributions;
``(ii) the net benefits of the funds awarded under this
subsection, considering the cost-benefit analysis of the
project, as applicable; and
``(iii) the public benefits of the funds awarded under this
subsection.
``(C) Small projects.--The Secretary may waive the cost-
benefit analysis under subparagraph (A)(ii), and establish a
simplified, alternative basis for determining whether a
project is cost effective, for a small project described in
paragraph (7)(B).
``(D) Research harbors.--The Secretary may waive the
determination under subparagraph (A)(i) for a project in a
research harbor.
``(7) Allocation of funds.--
``(A) Geographic distribution.--Not more than 25 percent of
the amounts made available for grants under this subsection
for a fiscal year may be used to make grants for projects in
any 1 State.
``(B) Small projects.--The Secretary shall reserve 25
percent of the amounts made available for grants under this
subsection each fiscal year to make grants for eligible
projects described in paragraph (3)(A) that request the
lesser of--
``(i) 10 percent of the amounts made available for grants
under this subsection for a fiscal year; or
``(ii) $11,000,000.
``(C) Dredging projects.--Not more than 25 percent of the
amounts made available for grants under this subsection for a
fiscal year may be used to make grants for projects described
in paragraph (3)(A)(ii)(III).
``(D) Development phase activities.--Not more than 10
percent of the amounts made available for grants under this
subsection for a fiscal year may be used to make grants for
development phase activities under paragraph (3)(B).
``(E) Research harbors.--
``(i) In general.--Of the funds that may be used under
subparagraph (C), the Secretary shall consider reserving an
amount equal to not more than 5 percent of the amounts made
available for grants under this subsection to make grants for
projects described in paragraph (3)(A)(ii)(IV) for research
harbors.
``(ii) Applicants.--Notwithstanding paragraph (2), the
Secretary may allow entities not described in that paragraph
to be eligible applicants for grants under this subparagraph.
``(8) Federal share of total project costs.--
``(A) Total project costs.--To be eligible for a grant
under this subsection, an eligible applicant shall submit to
the Secretary an estimate of the total costs of a project
under this subsection based on the best available
information, including any available engineering studies,
studies of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
``(B) Federal share.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), the Federal share of the total costs of a project
under this subsection shall not exceed 80 percent.
``(ii) Dredging projects.--The Federal share of the total
costs of a project described in paragraph (3)(A)(ii)(III)
shall not exceed 50 percent.
``(iii) Rural areas.--The Secretary may increase the
Federal share of costs above 80 percent for a project located
in a rural area.
``(9) Procedural safeguards.--The Secretary shall issue
guidelines to establish appropriate accounting, reporting,
and review procedures to ensure that--
``(A) grant funds are used for the purposes for which those
funds were made available;
``(B) each grantee properly accounts for all expenditures
of grant funds; and
``(C) grant funds not used for such purposes and amounts
not obligated or expended are returned.
``(10) Conditions.--
``(A) In general.--The Secretary shall require as a
condition of making a grant under this subsection that a
grantee--
``(i) maintain such records as the Secretary considers
necessary;
``(ii) make the records described in clause (i) available
for review and audit by the Secretary; and
``(iii) periodically report to the Secretary such
information as the Secretary considers necessary to assess
progress.
``(B) Labor.--The Federal wage rate requirements of
subchapter IV of chapter 31 of title 40 shall apply, in the
same manner as such requirements apply to contracts subject
to such subchapter, to--
``(i) each project for which a grant is provided under this
subsection; and
``(ii) all portions of a project described in clause (i),
regardless of whether such a portion is funded using--
``(I) other Federal funds; or
``(II) non-Federal funds.
``(11) Limitation on statutory construction.--Nothing in
this subsection shall be construed to affect existing
authorities to conduct port infrastructure programs in--
``(A) Hawaii, as authorized by section 9008 of the SAFETEA-
LU Act (Public Law 109-59; 119 Stat. 1926);
``(B) Alaska, as authorized by section 10205 of the
SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or
``(C) Guam, as authorized by section 3512 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (48 U.S.C. 1421r).
``(12) Reports.--The Secretary shall make available on the
website of the Department of Transportation at the end of
each fiscal year an annual report that lists each project for
which a grant has been provided under this subsection during
that fiscal year.
``(13) Administration.--
``(A) Administrative and oversight costs.--The Secretary
may retain not more than 2 percent of the amounts
appropriated for each fiscal year under this subsection for
the administrative and oversight costs incurred by the
Secretary to carry out this subsection.
``(B) Availability.--
``(i) In general.--Amounts appropriated for carrying out
this subsection shall remain available until expended.
``(ii) Unexpended funds.--Amounts awarded as a grant under
this subsection that are not expended by the grantee during
the 5-year period following the date of the award shall
remain available to the Secretary for use for grants under
this subsection in a subsequent fiscal year.
``(14) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(ii) the Committee on Transportation and Infrastructure
of the House of Representatives.
``(B) Port.--The term `port' includes--
``(i) a seaport; and
``(ii) an inland waterways port.
``(C) Project.--The term `project' includes construction,
reconstruction, environmental rehabilitation, acquisition of
property, including land related to the project and
improvements to the land, equipment acquisition, and
operational improvements.
``(D) Research harbor.--The term `research harbor' includes
a harbor that supports or will support a federally owned
vessel operated by a State maritime academy (as defined in
section 51102 of this title) or a non-Federal oceanographic
research facility.
``(E) Rural area.--The term `rural area' means an area that
is outside an urbanized area.
``(d) Additional Authority of the Secretary.--In carrying
out this section, the Secretary may--
``(1) receive funds from a Federal or non-Federal entity
that has a specific agreement with the Secretary to further
the purposes of this section;
``(2) coordinate with other Federal agencies to expedite
the process established under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the
improvement of port facilities to improve the efficiency of
the transportation system, to increase port security, or to
provide greater access to port facilities;
``(3) seek to coordinate all reviews or requirements with
appropriate Federal, State, and local agencies; and
``(4) in addition to any financial assistance provided
under subsection (c), provide such technical assistance to
port authorities or commissions or their subdivisions and
agents as needed for project planning, design, and
construction.''.
(c) Savings Clause.--A repeal made by subsection (b) of
this section shall not affect amounts apportioned or
allocated before the effective date of the repeal. Such
apportioned or allocated funds shall continue to be subject
to the requirements to which the funds were subject under
section 50302(c) of title 46, United States Code, as in
effect on the day before the date of enactment of this title.
SEC. 3521. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Secretary of Defense shall
submit to the congressional defense committees a report
[[Page S3608]]
on port facilities used for military purposes at ports
designated by the Department of Defense as strategic
seaports.
(b) Elements.--The report required by subsection (a) shall
include, with respect to port facilities included in the
report, the following:
(1) An assessment whether there are structural integrity or
other deficiencies in such facilities.
(2) If there are such deficiencies--
(A) an assessment of infrastructure improvements to such
facilities that would be needed to meet, directly or
indirectly, national security and readiness requirements;
(B) an assessment of the impact on operational readiness of
the Armed Forces if such improvements are not undertaken; and
(C) an identification of, to the maximum extent practical,
all potential funding sources for such improvements from
existing authorities.
(3) An identification of the support that would be
appropriate for the Department of Defense to provide in the
execution of the Secretary of Transportation's
responsibilities under section 50302 of title 46, United
States Code, with respect to such facilities.
(4) If additional statutory or administrative authorities
would be required for the provision of support as described
in paragraph (3), recommendations for legislative or
administrative action to establish such authorities.
(c) Consultation.--The Secretary of Defense shall prepare
the report required by subsection (a) in consultation with
the Maritime Administrator and the individual responsible for
each port facility described in such subsection.
SEC. 3522. MARITIME TECHNICAL ASSISTANCE PROGRAM.
Section 50307 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Transportation may engage in the environmental study'' and
inserting ``The Maritime Administrator, on behalf of the
Secretary of Transportation, shall engage in the study'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``may'' and inserting ``shall''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``that are likely to achieve environmental improvements by''
and inserting ``to improve'';
(ii) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(iii) by inserting before clause (i), the following:
``(A) environmental performance to meet United States
Federal and international standards and guidelines,
including--''; and
(iv) in clause (iii), as redesignated by clause (ii), by
striking ``species; and'' and all that follows through the
end of the subsection and inserting ``species; or
``(iv) reducing propeller cavitation; and
``(B) the efficiency and safety of domestic maritime
industries; and
``(2) coordinate with the Environmental Protection Agency,
the Coast Guard, and other Federal, State, local, or tribal
agencies, as appropriate.''.
(3) in subsection (c)(2), by striking ``benefits'' and
inserting ``or other benefits to domestic maritime
industries''; and
(4) by adding at the end the following:
``(e) Limitations on the Use of Funds.--. Not more than 3
percent of funds appropriated to carry out this program may
be used for administrative purposes.''.
SEC. 3523. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.
Section 54101(d) of title 46, United States Code, is
amended--
(1) by striking ``Grants awarded'' and inserting the
following:
``(1) In general.--Grants awarded''; and
(2) by adding at the end the following:
``(2) Buy america.--
``(A) In general.--Subject to subparagraph (B), no funds
may be obligated by the Administrator of the Maritime
Administration under this section, unless each product and
material purchased with those funds (including products and
materials purchased by a grantee), and including any
commercially available off-the-shelf item, is--
``(i) an unmanufactured article, material, or supply that
has been mined or produced in the United States; or
``(ii) a manufactured article, material, or supply that has
been manufactured in the United States substantially all from
articles, materials, or supplies mined, produced, or
manufactured in the United States.
``(B) Exceptions.--
``(i) In general.--Notwithstanding subparagraph (A), the
requirements of that subparagraph shall not apply with
respect to a particular product or material if the
Administrator determines--
``(I) that the application of those requirements would be
inconsistent with the public interest;
``(II) that such product or material is not available in
the United States in sufficient and reasonably available
quantities, of a satisfactory quality, or on a timely basis;
or
``(III) that inclusion of a domestic product or material
will increase the cost of that product or material by more
than 25 percent, with respect to a certain contract between a
grantee and that grantee's supplier.
``(ii) Federal register.--A determination made by the
Administrator under this subparagraph shall be published in
the Federal Register.
``(C) Definitions.--ln this paragraph:
``(i) The term `commercially available off-the-shelf item'
means--
``(I) any item of supply (including construction material)
that is--
``(aa) a commercial item, as defined by section 2.101 of
title 48, Code of Federal Regulations (as in effect on the
date of enactment of the Maritime Administration
Authorization and Enhancement Act of 2019); and
``(bb) sold in substantial quantities in the commercial
marketplace; and
``(II) does not include bulk cargo, as defined in section
40102(4) of this title, such as agricultural products and
petroleum products.
``(ii) The term `product or material' means an article,
material, or supply brought to the site by the recipient for
incorporation into the building, work, or project. The term
also includes an item brought to the site preassembled from
articles, materials, or supplies. However, emergency life
safety systems, such as emergency lighting, fire alarm, and
audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are
produced as complete systems, are evaluated as a single and
distinct construction material regardless of when or how the
individual parts or components of those systems are delivered
to the construction site.
``(iii) The term `United States' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.''.
SEC. 3524. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC PARTNERSHIP
PROGRAM.
(a) Additional Means of Achievement of Goals of Program
Through Oceanographic Efforts.--Section 8931(b)(2) of title
10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by inserting ``, creating,'' after ``identifying''; and
(B) by inserting ``science,'' after ``areas of''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) soliciting, accepting, and executing oceanographic
research and observational projects funded by private grants,
contracts, or cooperative agreements that contribute to such
goals.''.
(b) National Ocean Research Leadership Council
Membership.--Section 8932 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively;
(2) in subsection (b)--
(A) by striking paragraph (10);
(B) by redesignating paragraphs (11) through (14) as
paragraphs (12) through (15), respectively; and
(C) by inserting after paragraph (9) the following new
paragraphs:
``(10) The Director of the Bureau of Ocean Energy
Management of the Department of the Interior.
``(11) The Director of the Bureau of Safety and
Environmental Enforcement of the Department of the
Interior.'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``broad participation
within the oceanographic community'' and inserting
``appropriate participation within the oceanographic
community, which may include public, academic, commercial,
and private participation or support''; and
(ii) in subparagraph (E), by striking ``peer''; and
(B) in paragraph (3), by striking subparagraph (D) and
inserting the following:
``(D) Preexisting facilities''; such as regional data
centers operated by the integrated ocean observing system,
and expertise
(4) in subsection (e)--
(A) in the subsection heading by striking ``Report'' and
inserting ``Briefing'';
(B) in the matter preceding paragraph (1), by striking ``to
Congress a report'' and inserting ``to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Armed Services of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Armed Services of the House of Representatives a
briefing'';
(C) by striking ``report'' and inserting ``briefing'' each
place the term appears;
(D) by striking paragraph (4) and inserting the following:
``(4) A description of the involvement of Federal agencies
and non-Federal contributors participating in the program.'';
and
(E) in paragraph (5), by striking ``and the estimated
expenditures under such programs, projects, and activities
during such following fiscal year'' and inserting ``and the
estimated expenditures under such programs, projects, and
activities of the program during such following fiscal
year'';
(5) by inserting after subsection (e) the following:
``(f) Report.--Not later than March 1 of each year, the
Council shall publish on a publically available website a
report summarizing the briefing described in subsection
(e).'';
(6) in subsection (g), as redesignated by paragraph (1)--
(A) by striking paragraph (1) and inserting the following:
[[Page S3609]]
``(1) The Secretary of the Navy shall establish an office
to support the National Oceanographic Partnership Program.
The Council shall use competitive procedures in selecting an
operator for the partnership program office.''; and
(B) in paragraph (2)(B), by inserting ``, where
appropriate,'' before ``managing''; and
(7) by amending subsection (h), as redesignated by
paragraph (1), to read as follows:
``(h) Contract and Grant Authority.--
``(1) In general.--To carry out the purposes of the
National Oceanographic Partnership Program, the Council shall
have, in addition to other powers otherwise given it under
this chapter, the following authorities:
``(A) To authorize one or more of the departments or
agencies represented on the Council to enter into contracts
and make grants or cooperative agreements, and establish and
manage new collaborative programs as considered appropriate,
to address emerging science priorities using both donated and
appropriated funds.
``(B) To authorize the program office under subsection (g),
on behalf of and subject to the direction and approval of the
Council, to accept funds, including fines and penalties, from
other Federal and State departments and agencies.
``(C) To authorize the program office, on behalf of and
subject to the direction and approval of the Council, to
award grants and enter into contracts for purposes of the
National Oceanographic Partnership Program.
``(D) To authorize the program office, on behalf of the
Council, to solicit, accept and execute oceanographic
research projects for purposes of the National Oceanographic
Partnership Program that are funded by private grants,
contracts, or donations.
``(E) To transfer funds to other Federal and State
departments and agencies in furtherance of the purposes of
the National Oceanographic Partnership Program.
``(F) To authorize one or more of the departments or
agencies represented on the Council to enter into contracts
and make grants, for the purpose of implementing the National
Oceanographic Partnership Program and carrying out the
responsibilities of the Council.
``(G) To use, with the consent of the head of the agency or
entity concerned, on a non-reimbursable basis, the land,
services, equipment, personnel, facilities, advice, and
information provided by a Federal agency or entity, State,
local government, Tribal government, territory, or
possession, or any subdivisions thereof, or the District of
Columbia as may be helpful in the performance of the duties
of the Council.
``(2) Funds transferred.--Funds identified for direct
support of National Oceanographic Partnership Program grants
are authorized for transfer between agencies and are exempt
from section 1535 of title 31, United States Code (commonly
known as the ``Economy Act of 1932'').''.
(c) Ocean Research Advisory Panel.--Section 8933(a)(4) of
title 10, United States Code, is amended by striking ``State
governments'' and inserting ``State and Tribal governments''.
SEC. 3525. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN
PROGRAM.
(a) Definitions.--Section 53701 of title 46, United States
Code, is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively; and
(3) by adding at the end the following:
``(15) Vessel of national interest.--The term `Vessel of
National Interest' means a vessel deemed to be of national
interest that meets characteristics determined by the
Administrator, in consultation with the Secretary of Defense,
the Secretary of the Department in which the Coast Guard
Operates, or the heads of other Federal agencies, as
described in section 53703(d).''.
(b) Preferred Lender.--Section 53702(a) of title 46, United
States Code, is amended by adding at the end the following:
``(2) Preferred eligible lender.--The Federal Financing
Bank shall be the preferred eligible lender of the principal
and interest of the guaranteed obligations issued under this
chapter.''.
(c) Application and Administration.--Section 53703 of title
46, United States Code, is amended--
(1) in the section heading, by striking ``procedures'' and
inserting ``and administration'';
(2) by adding at the end the following:
``(c) Independent Analysis.--
``(1) In general.--To assess and mitigate the risks due to
factors associated with markets, technology, financial, or
legal structures related to an application or guarantee under
this chapter, the Secretary or Administrator may utilize
third party experts, including legal counsel, to--
``(A) process and review applications under this chapter,
including conducting independent analysis and review of
aspects of an application;
``(B) represent the Secretary or Administrator in
structuring and documenting the obligation guarantee;
``(C) analyze and review aspects of, structure, and
document the obligation guarantee during the term of the
guarantee;
``(D) recommend financial covenants or financial ratios to
be met by the applicant during the time a guarantee under
this chapter is outstanding that are--
``(i) based on the financial covenants or financial ratios,
if any, that are then applicable to the obligor under private
sector credit agreements; and
``(ii) in lieu of other financial covenants applicable to
the obligor under this chapter with respect to requirements
regarding long-term debt-to-equity, minimum working capital,
or minimum amount of equity; and
``(E) represent the Secretary or Administrator to protect
the security interests of the Government relating to an
obligation guarantee.
``(2) Private sector expert.--Independent analysis, review,
and representation conducted under this subsection shall be
performed by a private sector expert in the applicable field
who is selected by the Secretary or Administrator.
``(d) Vessels of National Interest.--
``(1) Notice of funding.--The Secretary or Administrator
may post a notice in the Federal Register regarding the
availability of funding for obligation guarantees under this
chapter for the construction, reconstruction, or
reconditioning of a Vessel of National Interest and include a
timeline for the submission of applications for such vessels.
``(2) Vessel characteristics.--
``(A) In general.--The Secretary or Administrator, in
consultation with the Secretary of Defense, the Secretary of
the Department in which the Coast Guard Operates, or the
heads of other Federal agencies, shall develop and publish a
list of vessel types that would be considered Vessels of
National Interest.
``(B) Review.--Such list shall be reviewed and revised
every 4 years or as necessary, as determined by the
Administrator.''.
(d) Funding Limits.--Section 53704 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that amount'' and all the follows through
``$850,000,000'' and inserting ``that amount, $850,000,000'';
and
(B) by striking ``facilities'' and all that follows through
the end of the subsection and inserting ``facilities.''; and
(2) in subsection (c)(4)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (K), as
subparagraphs (A) through (J), respectively.
(e) Eligible Purposes of Obligations.--Section 53706 of
title 46, United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) in the matter preceding clause (i), by striking
``(including an eligible export vessel);''
(B) in clause (iv) by adding ``or'' after the semicolon;
(C) in clause (v), by striking ``; or'' and inserting a
period; and
(D) by striking clause (vi); and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) after applying subparagraphs (A) and (B), Vessels of
National Interest.''.
(f) Amount of Obligations.--Section 53709(b) of title 46,
United States Code, is amended--
(1) by striking paragraphs (3) and (6); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(g) Contents of Obligations.--Section 53710 of title 46,
United States Code, is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by striking ``or, in the case of'' and all that follows
through ``party''; and
(ii) by striking ``and'' after the semicolon; and
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) documented under the laws of the United States for
the term of the guarantee of the obligation or until the
obligation is paid in full, whichever is sooner.''; and
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and Provide
for the Financial Stability of the Obligor'' after
``Interests'';
(B) by striking ``provisions for the protection of'' and
inserting ``provisions, which shall include--
``(1) provisions for the protection of'';
(C) by striking ``, and other matters that the Secretary or
Administrator may prescribe.'' and inserting, ``; and''; and
(D) by adding at the end the following:
``(2) any other provisions that the Secretary or
Administrator may prescribe.''.
(h) Administrative Fees.--Section 53713 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``reasonable for--'' and inserting `` reasonable for
processing the application and monitoring the loan guarantee,
including for--'';
(B) in paragraph (4), by striking ``; and'' and inserting
``or a deposit fund under section 53716 of this title;'';
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) monitoring and providing services related to the
obligor's compliance with any terms related to the
obligations, the guarantee, or maintenance of the Secretary
or Administrator's security interests under this chapter.'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``under section 53708(d)
of this title'' and inserting ``under section 53703(c) of
this title'';
[[Page S3610]]
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(C) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Fee limitation inapplicable.--Fees collected under
this subsection are not subject to the limitation of
subsection (b).''.
(i) Best Practices; Eligible Export Vessels.--Chapter 537
of title 46, United States Code, is further amended--
(1) in subchapter I, by adding at the end the following new
section:
``Sec. 53719. Best practices
``The Secretary or Administrator shall ensure that all
standard documents and agreements that relate to loan
guarantees made pursuant to this chapter are reviewed and
updated every four years to ensure that such documents and
agreements meet the current commercial best practices to the
extent permitted by law.''; and
(2) in subchapter III, by striking section 53732.
(j) Express Consideration of Low-risk Applications.--Not
later than 180 days after the date of enactment of this
title, the Administrator of the Maritime Administration
shall, in consultation with affected stakeholders, create a
process for express processing of low-risk maritime
guaranteed loan applications under chapter 537 of title 46,
United States Code, based on Federal and industry best
practices, including proposals to better assist applicants to
submit complete applications within 6 months of the initial
application.
(k) Congressional Notification.--
(1) Notification.--Not less than 60 days before
reorganizing or consolidating the activities or personnel
covered under chapter 537 of title 46, United States Code,
the Secretary of Transportation shall notify, in writing, the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of the proposed
reorganization or consolidation.
(2) Contents.--Each notification under paragraph (1) shall
include an evaluation of, and justification for, the
reorganization or consolidation.
(l) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 537
of title 46, United States Code, is amended by inserting
after the item relating to section 53718 the following new
item:
``53719. Best practices.''.
(2) The table of sections at the beginning of chapter 537
of title 46, United States Code, is further amended by
striking the item relating to section 53732.
SEC. 3526. TECHNICAL CORRECTIONS.
(a) Office of Personnel Management Guidance.--Not later
than 120 days after the date of enactment of this title, the
Director of the Office of Personnel Management, in
consultation with the Administrator of the Maritime
Administration, shall identify key skills and competencies
necessary to maintain a balance of expertise in merchant
marine seagoing service and strategic sealift military
service in each of the following positions within the Office
of the Commandant:
(1) Commandant.
(2) Deputy Commandant.
(3) Tactical company officers.
(4) Regimental officers.
(b) Sea Year Compliance.--Section 3514(a)(1)(A) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 46 U.S.C. 51318 note) is amended by
inserting ``domestic and international'' after ``criteria
that''.
SEC. 3527. UNITED STATES MERCHANT MARINE ACADEMY'S SEXUAL
ASSAULT PREVENTION AND RESPONSE PROGRAM.
(a) Implementation of Recommendations.--The Secretary of
Transportation shall ensure that, not later than 180 days
after the date of enactment of this title, the
recommendations in the Inspector General of the Department of
Transportation's report on the effectiveness of the United
States Merchant Marine Academy's Sexual Assault Prevention
and Response program (mandated under section 3512 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2786)), are fully implemented.
(b) Report.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation
shall submit a report to Congress--
(1) confirming that the recommendations described in
subsection (a) have been fully implemented, and explaining
how those recommendations have been implemented; or
(2) if such recommendations have not been fully implemented
as of the date of the report, including an explanation of why
such recommendations have not been fully implemented and a
description of the resources that are needed to fully
implement such recommendations.
SEC. 3528. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY
INFRASTRUCTURE.
(a) In General.--The Secretary of Transportation, in
consultation with the Secretary of Energy, the Secretary of
the Interior, and the heads of other relevant agencies as
appropriate, shall prepare and submit a report on the need
for vessels to install, operate, and maintain emerging
offshore energy infrastructure, including offshore wind
energy.
(b) Contents.--Such report shall include--
(1) an inventory of vessels (including existing vessels and
vessels that have the potential to be refurbished) to
install, operate, and maintain such emerging offshore energy
infrastructure;
(2) a projection of existing vessels needed to meet such
emerging offshore energy needs over the next 10 years; and
(3) policy recommendations to ensure the vessel capacity to
support such emerging offshore energy.
(c) Transmittal.--Not later than 6 months after the date of
enactment of this title, the Secretary of Transportation
shall submit such report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.
Subtitle B--Maritime SAFE Act
SEC. 3531. SHORT TITLES.
(a) Short Titles.--This subtitle may be cited as the
``Maritime Security and Fisheries Enforcement Act'' or the
``Maritime SAFE Act''.
SEC. 3532. DEFINITIONS.
In this subtitle:
(1) AIS.--The term ``AIS'' means Automatic Identification
System (as defined in section 164.46 of title 33, Code of
Federal Regulations, or a similar successor regulation).
(2) Combined maritime forces.--The term ``Combined Maritime
Forces'' means the 33-nation naval partnership, originally
established in February 2002, which promotes security,
stability, and prosperity across approximately 3,200,000
square miles of international waters.
(3) Exclusive economic zone.--
(A) In general.--Unless otherwise specified by the
President as being in the public interest in a writing
published in the Federal Register, the term ``exclusive
economic zone'' means--
(i) the area within a zone established by a maritime
boundary that has been established by a treaty in force or a
treaty that is being provisionally applied by the United
States; or
(ii) in the absence of a treaty described in clause (i)--
(I) a zone, the outer boundary of which is 200 nautical
miles from the baseline from which the breadth of the
territorial sea is measured; or
(II) if the distance between the United States and another
country is less than 400 nautical miles, a zone, the outer
boundary of which is represented by a line equidistant
between the United States and the other country.
(B) Inner boundary.--Without affecting any Presidential
Proclamation with regard to the establishment of the United
States territorial sea or exclusive economic zone, the inner
boundary of the exclusive economic zone is--
(i) in the case of coastal States, a line coterminous with
the seaward boundary of each such State (as described in
section 4 of the Submerged Lands Act (43 U.S.C. 1312));
(ii) in the case of the Commonwealth of Puerto Rico, a line
that is 3 marine leagues from the coastline of the
Commonwealth of Puerto Rico;
(iii) in the case of American Samoa, the United States
Virgin Islands, Guam, and the Northern Mariana Islands, a
line that is 3 geographic miles from the coastlines of
American Samoa, the United States Virgin Islands, Guam, or
the Northern Mariana Islands, respectively; or
(iv) for any possession of the United States not referred
to in clause (ii) or (iii), the coastline of such possession.
(C) Rule of construction.--Nothing in this paragraph may be
construed to diminish the authority of the Department of
Defense, the Department of the Interior, or any other Federal
department or agency.
(4) Food security.--The term ``food security'' means access
to, and availability, utilization, and stability of,
sufficient food to meet caloric and nutritional needs for an
active and healthy life.
(5) Global record of fishing vessels, refrigerated
transport vessels, and supply vessels.--The term ``global
record of fishing vessels, refrigerated transport vessels,
and supply vessels'' means the Food and Agriculture
Organization of the United Nations' initiative to rapidly
make available certified data from state authorities about
vessels and vessel related activities.
(6) IUU fishing.--The term ``IUU fishing'' means illegal
fishing, unreported fishing, or unregulated fishing (as such
terms are defined in paragraph 3 of the International Plan of
Action to Prevent, Deter, and Eliminate Illegal, Unreported
and Unregulated Fishing, adopted at the 24th Session of the
Committee on Fisheries in Rome on March 2, 2001).
(7) Port state measures agreement.--The term ``Port State
Measures Agreement'' means the Agreement on Port State
Measures to Prevent, Deter, and Eliminate Illegal,
Unreported, and Unregulated Fishing set forth by the Food and
Agriculture Organization of the United Nations, done at Rome,
Italy November 22, 2009, and entered into force June 5, 2016,
which offers standards for reporting and inspecting fishing
activities of foreign-flagged fishing vessels at port.
(8) Priority flag state.--The term ``priority flag state''
means a country selected in accordance with section
3552(b)(3)--
(A) whereby the flagged vessels of which actively engage
in, knowingly profit from, or are complicit in IUU fishing;
and
[[Page S3611]]
(B) that is willing, but lacks the capacity, to monitor or
take effective enforcement action against its fleet.
(9) Priority region.--The term ``priority region'' means a
region selected in accordance with section 3552(b)(2)--
(A) that is at high risk for IUU fishing activity or the
entry of illegally caught seafood into the markets of
countries in the region; and
(B) in which countries lack the capacity to fully address
the illegal activity described in subparagraph (A).
(10) Regional fisheries management organization.--The term
``Regional Fisheries Management Organization'' means an
intergovernmental fisheries organization or arrangement, as
appropriate, that has the competence to establish
conservation and management measures.
(11) Seafood.--The term ``seafood''--
(A) means marine finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life, including those
grown, produced, or reared through marine aquaculture
operations or techniques; and
(B) does not include marine mammals, turtles, or birds.
(12) Transnational organized illegal activity.--The term
``transnational organized illegal activity'' means criminal
activity conducted by self-perpetuating associations of
individuals who operate transnationally for the purpose of
obtaining power, influence, or monetary or commercial gains,
wholly or in part by illegal means, while protecting their
activities through a pattern of corruption or violence or
through a transnational organizational structure and the
exploitation of transnational commerce or communication
mechanisms.
(13) Transshipment.--The term ``transshipment'' means the
use of refrigerated vessels that--
(A) collect catch from multiple fishing boats;
(B) carry the accumulated catches back to port; and
(C) deliver supplies to fishing boats, which allows fishing
vessels to remain at sea for extended periods without coming
into port.
SEC. 3533. PURPOSES.
The purposes of this subtitle are--
(1) to support a whole-of-government approach across the
Federal Government to counter IUU fishing and related threats
to maritime security;
(2) to improve data sharing that enhances surveillance,
enforcement, and prosecution against IUU fishing and related
activities at a global level;
(3) to support coordination and collaboration to counter
IUU fishing within priority regions;
(4) to increase and improve global transparency and
traceability across the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) a tool for strengthening fisheries management and food
security;
(5) to improve global enforcement operations against IUU
fishing through a whole-of-government approach by the United
States; and
(6) to prevent the use of IUU fishing as a financing source
for transnational organized groups that undermine United
States and global security interests.
SEC. 3534. STATEMENT OF POLICY.
It is the policy of the United States_
(1) to take action to curtail the global trade in seafood
and seafood products derived from IUU fishing, including its
links to forced labor and transnational organized illegal
activity;
(2) to develop holistic diplomatic, military, law
enforcement, economic, and capacity-building tools to counter
IUU fishing;
(3) to provide technical assistance to countries in
priority regions and priority flag states to combat IUU
fishing, including assistance--
(A) to increase local, national, and regional level
capacities to counter IUU fishing through the engagement of
law enforcement and security forces;
(B) to enhance port capacity and security, including by
supporting other countries in working toward the adoption and
implementation of the Port State Measures Agreement;
(C) to combat corruption and increase transparency and
traceability in fisheries management and trade;
(D) to enhance information sharing within and across
governments and multilateral organizations through the
development and use of agreed standards for information
sharing; and
(E) to support effective, science-based fisheries
management regimes that promote legal and safe fisheries and
act as a deterrent to IUU fishing;
(4) to promote global maritime security through improved
capacity and technological assistance to support improved
maritime domain awareness;
(5) to engage with priority flag states to encourage the
use of high quality vessel tracking technologies where
existing enforcement tools are lacking;
(6) to engage with multilateral organizations working on
fisheries issues, including Regional Fisheries Management
Organizations and the Food and Agriculture Organization of
the United Nations, to combat and deter IUU fishing;
(7) to advance information sharing across governments and
multilateral organizations in areas that cross multiple
jurisdictions, through the development and use of an agreed
standard for information sharing;
(8) to continue to use existing and future trade agreements
to combat IUU fishing;
(9) to employ appropriate assets and resources of the
United States Government in a coordinated manner to disrupt
the illicit networks involved in IUU fishing;
(10) to continue to declassify and make available, as
appropriate and practicable, technologies developed by the
United States Government that can be used to help counter IUU
fishing;
(11) to recognize the ties of IUU fishing to transnational
organized illegal activity, including human trafficking and
illegal trade in narcotics and arms, and as applicable, to
focus on illicit activity in a coordinated, cross-cutting
manner;
(12) to recognize and respond to poor working conditions,
labor abuses, and other violent crimes in the fishing
industry;
(13) to increase and improve global transparency and
traceability along the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) an approach for strengthening fisheries management and
food security; and
(14) to promote technological investment and innovation to
combat IUU fishing.
PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
SEC. 3541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.
The Secretary of State, in conjunction with the Secretary
of Commerce, shall coordinate with Regional Fisheries
Management Organizations and the Food and Agriculture
Organization of the United Nations, and may coordinate with
other relevant international governmental or nongovernmental
organizations, or the private sector, as appropriate, to
enhance regional responses to IUU fishing and related
transnational organized illegal activities.
SEC. 3542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED
STATES.
Not later than 1 year after the date of the enactment of
this title, each chief of mission (as defined in section 102
of the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a
relevant country in a priority region or to a priority flag
state may, if the Secretary of State determines such action
is appropriate--
(1) convene a working group, led by Department of State
officials, to examine IUU fishing, which may include
stakeholders such as--
(A) United States officials from relevant agencies
participating in the interagency Working Group identified in
section 3551, foreign officials, nongovernmental
organizations, the private sector, and representatives of
local fishermen in the region; and
(B) experts on IUU fishing, law enforcement, criminal
justice, transnational organized illegal activity, defense,
intelligence, vessel movement monitoring, and international
development operating in or with knowledge of the region; and
(2) designate a counter-IUU Fishing Coordinator from among
existing personnel at the mission if the chief of mission
determines such action is appropriate.
SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW
ENFORCEMENT WITHIN PRIORITY REGIONS AND
PRIORITY FLAG STATES.
(a) In General.--The Secretary of State, in collaboration
with the Secretary of Commerce and the Commandant of the
Coast Guard, shall provide assistance, as appropriate, in
accordance with this section.
(b) Law Enforcement Training and Coordination Activities.--
The officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to
countries in priority regions and priority flag states to
improve the effectiveness of IUU fishing enforcement, with
clear and measurable targets and indicators of success,
including--
(1) by assessing and using existing resources, enforcement
tools, and legal authorities to coordinate efforts to combat
IUU fishing with efforts to combat other illegal trade,
including weapons, drugs, and human trafficking;
(2) by expanding existing IUU fishing enforcement training;
(3) by providing targeted, country- and region-specific
training on combating IUU fishing, including in those
countries that have not adopted the Port State Measures
Agreement;
(4) by supporting increased effectiveness and transparency
of the fisheries enforcement sectors of the governments of
such countries; and
(5) by supporting increased outreach to stakeholders in the
affected communities as key partners in combating and
prosecuting IUU fishing.
(c) Port Security Assistance.--The officials referred to in
subsection (a) shall evaluate opportunities to provide
assistance, as appropriate, to countries in priority regions
and priority flag states to help those states implement
programs related to port security and capacity for the
purposes of preventing IUU fishing products from entering the
global seafood market, including by supporting other
countries in working toward the adoption and implementation
of the Port State Measures Agreement.
(d) Capacity Building for Investigations and
Prosecutions.--The officials referred to in subsection (a),
in collaboration with the governments of countries in
priority regions and of priority flag states, shall evaluate
opportunities to assist those countries in designing and
implementing programs in such
[[Page S3612]]
countries, as appropriate, to increase the capacity of IUU
fishing enforcement and customs and border security officers
to improve their ability--
(1) to conduct effective investigations, including using
law enforcement techniques such as undercover investigations
and the development of informer networks and actionable
intelligence;
(2) to conduct vessel boardings and inspections at sea and
associated enforcement actions;
(3) to exercise existing shiprider agreements and to enter
into and implement new shiprider agreements, as appropriate,
including in those countries that have not adopted the Port
State Measures Agreement;
(4) to conduct vessel inspections at port and associated
enforcement actions;
(5) to assess technology needs and promote the use of
technology to improve monitoring, enforcement, and
prosecution of IUU fishing;
(6) to conduct DNA-based and forensic identification of
seafood used in trade;
(7) to conduct training on techniques, such as collecting
electronic evidence and using computer forensics, for law
enforcement personnel involved in complex investigations
related to international matters, financial issues, and
government corruption that include IUU fishing;
(8) to assess financial flows and the use of financial
institutions to launder profits related to IUU fishing;
(9) to conduct training on the legal mechanisms that can be
used to prosecute those identified in the investigations as
alleged perpetrators of IUU fishing and other associated
crimes such as trafficking and forced labor; and
(10) to conduct training to raise awareness of the use of
whistleblower information and ways to incentivize
whistleblowers to come forward with original information
related to IUU fishing.
(e) Capacity Building for Information Sharing.--The
officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to key
countries in priority regions and priority flag states in the
form of training, equipment, and systems development to build
capacity for information sharing related to maritime
enforcement and port security.
(f) Coordination With Other Relevant Agencies.--The
Secretary of State, in collaboration with the Commandant of
the Coast Guard is operating and the Secretary of Commerce,
shall coordinate with other relevant agencies, as
appropriate, in accordance with this section.
SEC. 3544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU
FISHING.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Secretary of
the Department in which the Coast Guard is operating, the
Secretary of Defense, the Secretary of Commerce, the Attorney
General, and the heads of other appropriate Federal agencies
shall assess opportunities to combat IUU fishing by
expanding, as appropriate, the use of the following
mechanisms:
(1) Including counter-IUU fishing in existing shiprider
agreements in which the United States is a party.
(2) Entering into shiprider agreements that include
counter-IUU fishing with priority flag states and countries
in priority regions with which the United States does not
already have such an agreement.
(3) Including counter-IUU fishing as part of the mission of
the Combined Maritime Forces.
(4) Including counter-IUU fishing exercises in the annual
at-sea exercises conducted by the Department of Defense, in
coordination with the United States Coast Guard.
(5) Creating partnerships similar to the Oceania Maritime
Security Initiative and the Africa Maritime Law Enforcement
Partnership in other priority regions.
SEC. 3545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY
PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Commandant
of the Coast Guard, the Secretary of Commerce, and the heads
of other Federal agencies, if merited, shall work, as
appropriate, with priority flag states and key countries in
priority regions--
(1) to increase knowledge within such countries about the
United States transparency and traceability standards for
imports of seafood and seafood products;
(2) to improve the capacity of seafood industries within
such countries through information sharing and training to
meet the requirements of transparency and traceability
standards for seafood and seafood product imports, including
catch documentation and trade tracking programs adopted by
relevant regional fisheries management organizations;
(3) to improve the capacities of government, industry, and
civil society groups to develop and implement comprehensive
traceability systems that--
(A) deter IUU fishing;
(B) strengthen fisheries management; and
(C) enhance maritime domain awareness; and
(4) to support the implementation of seafood traceability
standards in such countries to prevent IUU fishing products
from entering the global seafood market and assess capacity
and training needs in those countries.
SEC. 3546. TECHNOLOGY PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Commandant
of the Coast Guard, the Secretary of Defense, the Secretary
of Commerce, and the heads of other Federal agencies, as
appropriate, shall pursue programs to expand the role of
technology for combating IUU fishing, including by--
(1) promoting the use of technology to combat IUU fishing;
(2) assessing the technology needs, including vessel
tracking technologies and data sharing, in priority regions
and priority flag states;
(3) engaging with priority flag states to encourage the
mandated use of vessel tracking technologies, including
vessel monitoring systems, AIS, or other vessel movement
monitoring technologies on fishing vessels and transshipment
vessels at all times, as appropriate, while at sea as a means
to identify IUU fishing activities and the shipment of
illegally caught fish products; and
(4) building partnerships with the private sector,
including universities, nonprofit research organizations, the
seafood industry, and the technology, transportation and
logistics sectors, to leverage new and existing technologies
and data analytics to address IUU fishing.
SEC. 3547. INFORMATION SHARING.
The Director of National Intelligence, in conjunction with
other agencies, as appropriate, shall develop an enterprise
approach to appropriately share information and data within
the United States Government or with other countries or
nongovernmental organizations, or the private sector, as
appropriate, on IUU fishing and other connected transnational
organized illegal activity occurring in priority regions and
elsewhere, including big data analytics and machine learning.
SEC. 3548. SAVINGS CLAUSE.
Nothing in this part shall create an obligation for the
Secretary of the Navy when the Coast Guard is operating as a
service of the Navy.
PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING
SEC. 3551. INTERAGENCY WORKING GROUP ON IUU FISHING.
(a) In General.--There is established a collaborative
interagency working group on maritime security and IUU
fishing (referred to in this subtitle as the ``Working
Group'').
(b) Members.--The members of the Working Group shall be
composed of--
(1) 1 chair, who shall rotate between the Coast Guard, the
Department of State, and the National Oceanographic and
Atmospheric Administration on a 3-year term;
(2) 2 deputy chairs, who shall be appointed by their
respective agency heads and shall be from a different
Department than that of the chair, from--
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric Administration;
(3) 12 members, who shall be appointed by their respective
agency heads, from--
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for International Development;
(D) the United States Fish and Wildlife Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the National Institute of Food and Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), who shall be appointed by the Director of
National Intelligence; and
(5) 5 members, who shall be appointed by the President,
from--
(A) the National Security Council;
(B) the Council on Environmental Quality;
(C) the Office of Management and Budget;
(D) the Office of Science and Technology Policy; and
(E) the Office of the United States Trade Representative.
(c) Responsibilities.--The Working Group shall ensure an
integrated, Federal Government-wide response to IUU fishing
globally, including by--
(1) improving the coordination of Federal agencies to
identify, interdict, investigate, prosecute, and dismantle
IUU fishing operations and organizations perpetrating and
knowingly benefitting from IUU fishing;
(2) assessing areas for increased interagency information
sharing on matters related to IUU fishing and related crimes;
(3) establishing standards for information sharing related
to maritime enforcement;
(4) developing a strategy to determine how military assets
and intelligence can contribute to enforcement strategies to
combat IUU fishing;
(5) increasing maritime domain awareness relating to IUU
fishing and related crimes and developing a strategy to
leverage awareness for enhanced enforcement and prosecution
actions against IUU fishing;
(6) supporting the adoption and implementation of the Port
State Measures Agreement in relevant countries and assessing
the capacity and training needs in such countries;
[[Page S3613]]
(7) outlining a strategy to coordinate, increase, and use
shiprider agreements between the Department of Defense or the
Coast Guard and relevant countries;
(8) enhancing cooperation with partner governments to
combat IUU fishing;
(9) identifying opportunities for increased information
sharing between Federal agencies and partner governments
working to combat IUU fishing;
(10) consulting and coordinating with the seafood industry
and nongovernmental stakeholders that work to combat IUU
fishing;
(11) supporting the work of collaborative international
initiatives to make available certified data from state
authorities about vessel and vessel-related activities
related to IUU fishing;
(12) supporting the identification and certification
procedures to address IUU fishing in accordance with the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826d et seq.); and
(13) publishing annual reports summarizing nonsensitive
information about the Working Group's efforts to investigate,
enforce, and prosecute groups and individuals engaging in IUU
fishing.
SEC. 3552. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date
of the enactment of this title, the Working Group, after
consultation with the relevant stakeholders, shall submit to
Congress a 5-year integrated strategic plan on combating IUU
fishing and enhancing maritime security, including specific
strategies with monitoring benchmarks for addressing IUU
fishing in priority regions.
(b) Identification of Priority Regions and Priority Flag
States.--
(1) In general.--The strategic plan submitted under
subsection (a) shall identify priority regions and priority
flag states to be the focus of assistance coordinated by the
Working Group under section 3551.
(2) Priority region selection criteria.--In selecting
priority regions under paragraph (1), the Working Group shall
select regions that--
(A) are at high risk for IUU fishing activity or the entry
of illegally caught seafood into their markets; and
(B) lack the capacity to fully address the issues described
in subparagraph (A).
(3) Priority flag states selection criteria.--In selecting
priority flag states under paragraph (1), the Working Group
shall select countries--
(A) the flagged vessels of which actively engage in,
knowingly profit from, or are complicit in IUU fishing; and
(B) that lack the capacity to police their fleet.
SEC. 3553. REPORTS.
Not later than 5 years after the submission of the 5-year
integrated strategic plan under section 3552, and 5 years
after, the Working Group shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
the Judiciary of the Senate, the Committee on Natural
Resources of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that contains--
(1) a summary of global and regional trends in IUU fishing;
(2) an assessment of the extent of the convergence between
transnational organized illegal activity, including human
trafficking and forced labor, and IUU fishing;
(3) an assessment of the topics, data sources, and
strategies that would benefit from increased information
sharing and recommendations regarding harmonization of data
collection and sharing;
(4) an assessment of assets, including military assets and
intelligence, which can be used for either enforcement
operations or strategies to combat IUU fishing;
(5) summaries of the situational threats with respect to
IUU fishing in priority regions and an assessment of the
capacity of countries within such regions to respond to those
threats;
(6) an assessment of the progress of countries in priority
regions in responding to those threats as a result of
assistance by the United States pursuant to the strategic
plan developed under section 3552, including--
(A) the identification of--
(i) relevant supply routes, ports of call, methods of
landing and entering illegally caught product into legal
supply chains, and financial institutions used in each
country by participants engaging in IUU fishing; and
(ii) indicators of IUU fishing that are related to money
laundering;
(B) an assessment of the adherence to, or progress toward
adoption of, international treaties related to IUU fishing,
including the Port State Measures Agreement, by countries in
priority regions;
(C) an assessment of the implementation by countries in
priority regions of seafood traceability or capacity to apply
traceability to verify the legality of catch and strengthen
fisheries management;
(D) an assessment of the capacity of countries in priority
regions to implement shiprider agreements;
(E) an assessment of the capacity of countries in priority
regions to increase maritime domain awareness; and
(F) an assessment of the capacity of governments of
relevant countries in priority regions to sustain the
programs for which the United States has provided assistance
under this subtitle;
(7) an assessment of the capacity of priority flag states
to track the movement of and police their fleet, prevent
their flagged vessels from engaging in IUU fishing, and
enforce applicable laws and regulations; and
(8) an assessment of the extent of involvement in IUU
fishing of organizations designated as foreign terrorist
organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
SEC. 3554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Administrator of the
National Oceanic and Atmospheric Administration, in
coordination with the Coast Guard and the Department of
State, shall establish a subworking group to address IUU
fishing in the exclusive economic zone of the United States
in the Gulf of Mexico.
(b) Functions.--The subworking group established under
subsection (a) shall identify--
(1) Federal actions taken and policies established during
the 5-year period immediately preceding the date of the
enactment of this title with respect to IUU fishing in the
exclusive economic zone of the United States in the Gulf of
Mexico, including such actions and policies related to--
(A) the surveillance, interdiction, and prosecution of any
foreign nationals engaged in such fishing; and
(B) the application of the provisions of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d
et seq.) to any relevant nation, including the status of any
past or ongoing consultations and certification procedures;
(2) actions and policies, in addition to the actions and
policies described in paragraph (1), each of the Federal
agencies described in subsection (a) can take, using existing
resources, to combat IUU fishing in the exclusive economic
zone of the United States in the Gulf of Mexico; and
(3) any additional authorities that could assist each such
agency in more effectively addressing such IUU fishing.
(c) Report.--Not later than 1 year after the IUU Fishing
Subworking Group is established under subsection (a), the
group shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives that
contains--
(1) the findings identified pursuant to subsection (b); and
(2) a timeline for each of the Federal agencies described
in subsection (a) to implement each action or policy
identified pursuant to subsection (b)(2).
PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
SEC. 3561. 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. 3562. ADDING THE SECRETARY OF COMMERCE TO THE
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 ``the Secretary of Commerce,'' after ``the
Secretary of Education,''.
SEC. 3563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN
REPORT.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Administrator of the
National Oceanic and Atmospheric Administration and the
Commissioner of the Food and Drug Administration shall
jointly submit a report to Congress that describes the
existence of human trafficking in the supply chains of
seafood products imported into the United States.
(b) Report Elements.--The report required under subsection
(a) shall include--
(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 listed country;
(2) a description of the quantity and economic value of
seafood products imported into the United States from the
countries on the list compiled pursuant to paragraph (1);
(3) a description and assessment of the methods, if any, in
the countries on the list compiled pursuant to paragraph (1)
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 on the list compiled pursuant to
paragraph (1); and
(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 outside of United States waters.
PART IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 3571. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--Amounts made available to carry out this
subtitle shall be derived from
[[Page S3614]]
amounts appropriated or otherwise made available to the
relevant agencies and departments.
(b) No Increase in Contributions.--Nothing in this subtitle
shall be construed to authorize an increase in required or
voluntary contributions paid by the United States to any
multilateral or international organization.
SEC. 3572. ACCOUNTING OF FUNDS.
By not later than 180 days after the date of enactment of
this title, the head of each Federal agency receiving or
allocating funds to carry out activities under this subtitle
shall, to the greatest extent practicable, prepare and submit
to Congress a report that provides an accounting of all funds
made available under this subtitle to the Federal agency.
______
SA 626. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. JOHN S. MCCAIN COMMISSION ON THE SUSTAINABILITY OF
THE ALL-VOLUNTEER FORCE.
(a) Establishment of Commission.--
(1) Establishment.--
(A) In general.--There is established a commission to carry
out a comprehensive examination on the sustainability and
underpinnings of the all-volunteer nature of the Armed Forces
from the perspective of members of the Armed Forces and
veterans, with respect to all phases of the lives of such
members and veterans, from service in the Armed Forces
through civilian life, including recruiting, retention,
transition, and enduring vigilance.
(B) Designation.--The commission established by
subparagraph (A) shall be known as the ``John S. McCain
Commission on the Sustainability of the All-Volunteer Force''
(in this section referred to as the ``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed of 12
members of whom--
(i) one shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(ii) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the Senate;
(iii) one shall be appointed by the Chairman of the
Committee on Veterans' Affairs of the Senate;
(iv) one shall be appointed by the Ranking Member of the
Committee on Veterans' Affairs of the Senate;
(v) one shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives;
(vi) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives;
(vii) one shall be appointed by the Chairman of Committee
on Veterans' Affairs of the House of Representatives;
(viii) one shall be appointed by the Ranking Member of the
Committee on Veterans' Affairs of the House of
Representatives;
(ix) one member appointed by the majority leader of the
Senate;
(x) one member appointed by the minority leader of the
Senate;
(xi) one member appointed by the Speaker of the House of
Representatives; and
(xii) one member appointed by the minority leader of the
House of Representatives.
(B) Limitations.--A member of the Commission appointed
under subparagraph (A)--
(i) shall be a citizen of the United States;
(ii) may not be a member of Congress; and
(iii) may not be an employee of the Federal Government.
(C) Requirements.--The members of the Commission appointed
under subparagraph (A) shall have appropriate and diverse
experiences, expertise, and historical perspectives on
veterans, military, organizational, and managerial matters.
(D) Veteran status.--To the extent practicable, the members
appointed under subparagraph (A) shall be veterans.
(E) Nonvoting members.--In addition to the members
appointed under subparagraph (A), the following shall be
nonvoting members of the Commission:
(i) The Under Secretary for Benefits of the Department of
Veterans Affairs.
(ii) The Under Secretary of Defense for Personnel and
Readiness.
(iii) The Assistant Secretary of Labor for Veterans'
Employment and Training.
(iv) The Associate Administrator for the Office of Veterans
Business Development at the Small Business Administration.
(F) Liaisons.--
(i) Government liaisons.--The Secretary of Veterans
Affairs, the Secretary of Defense, the Secretary of Labor and
the Administrator of the Small Business Administration shall
each designate at least one officer or employee of the
Veterans Benefits Administration, Department of Defense, the
Department of Labor, and the Small Business Administration,
respectively, to serve as a liaison to the Commission.
(ii) Nongovernment liaisons.--Personnel associated with
nongovernmental organizations with expertise or experience in
the purpose and scope of the Commission may be assigned to
support and serve the duties of the Commission.
(G) Appointment date.--The appointments of the members of
the Commission shall be made not later than 60 days after the
date of the enactment of this Act.
(H) Effect of lack of appointment by appointment date.--If
one or more appointments under clauses (i), (ii), (iii),
(iv), (v), (vi), (vii), (viii), or (ix) of subparagraph (A)
is not made by the appointment date specified in subparagraph
(G)--
(i) the authority to make such appointment or appointments
shall expire; and
(ii) the number of members of the Commission shall be
reduced to the number so appointed.
(3) Period of appointment.--Members of the Commission shall
be appointed for the life of the Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Meetings.--
(A) Initial meeting.--The Commission shall hold its first
meeting not later than 30 days after a majority of members
are appointed to the Commission.
(B) Meeting.--
(i) In general.--The Commission shall regularly meet at the
call of the chairperson of the Commission.
(ii) Telecommunications technology.--Meetings of the
Commission may be carried out through the use of telephonic
or other appropriate telecommunication technology if the
Commission determines that such technology will allow the
Commission to communicate simultaneously.
(6) Chairperson and vice chairperson.--A chairperson and
vice chairperson of the Commission shall be selected from
among the members of the Commission jointly by--
(A) the Chairman of the Committee on Armed Services of the
Senate;
(B) the Ranking Member of the Committee on Armed Services
of the Senate;
(C) the Chairman of the Committee on Veterans' Affairs of
the Senate;
(D) the Ranking Member of the Committee on Veterans'
Affairs of the Senate;
(E) the Chairman of the Committee on Armed Services of the
House of Representatives;
(F) the Ranking Member of the Committee on Armed Services
of the House of Representatives;
(G) the Chairman of Committee on Veterans' Affairs of the
House of Representatives;
(H) the Ranking Member of the Committee on Veterans'
Affairs of the House of Representatives;
(I) the majority leader of the Senate;
(J) the minority leader of the Senate;
(K) the Speaker of the House of Representatives; and
(L) the minority leader of the House of Representatives.
(7) Panels.--
(A) In general.--The Commission may establish panels
composed of less than the full membership of the Commission
for the purpose of carrying out the Commission's duties.
(B) Actions.--The actions of a panel established by the
Commission shall be subject to the review and control of the
Commission.
(C) Findings and determinations.--Any findings and
determinations made by a panel established by the Commission
shall not be considered the findings and determinations of
the Commission unless approved by the Commission.
(b) Duties.--
(1) General duties.--
(A) Review of the all-volunteer force.--
(i) In general.--The Commission shall review the adequacy
and effectiveness of all aspects of the lifecycle of members
of the Armed Forces as a critical aspect of the all-volunteer
nature of the Armed Forces, including recruiting, retention,
and the assistance services provided by government and
nongovernmental entities to members of the Armed Forces in
making the transition and adjustment to and throughout
civilian life.
(ii) Holistic focus on care.--The review required by clause
(i) shall include a holistic focus on care from inception
into the Department of Defense until death.
(iii) Lines of effort.--The review required by clause (i)
shall include establishment of particular lines of effort
with a focus on the Department of Defense, the Department of
Veterans Affairs, and nongovernmental organizations.
(B) Identification of best practices and critical
failures.--
(i) List.--
(I) In general.--The Commission shall identify and compile
a list of best practices and critical failures in meeting the
needs of national security, members of the Armed Forces, and
veterans at each phase of a transition from service in the
Armed Forces to and throughout civilian life.
(II) Resources.--In carrying out subclause (I), the
Commission shall identify contemporary resource owners, both
government and nongovernment, who affect the population of
members of the Armed Forces and veterans, and identify how
such resources flow to recipients.
(ii) Requirement.--In carrying out clause (i), the
Commission shall--
(I) analyze the Department of Defense National Resource
Directory and the Department of Veterans Affairs databases
that map
[[Page S3615]]
the benefits available to veterans and their families; and
(II) determine where such directory and database fall short
of meeting the transition needs of such veterans and families
throughout civilian life.
(C) Evaluation.--The Commission shall evaluate proposals
for improving recruiting, retention and transition assistance
and benefits programs, including proposals for alternative
means of providing resources furnished by such programs.
(D) Recommendations.--The Commission shall develop
recommendations for legislative or administrative action to
improve sustainability of the all-volunteer nature of the
Armed Forces.
(2) Reports.--
(A) Interim report.--Not later than 90 days after the date
on which all members of the Commission have been appointed
under subsection (b)(2), the Commission shall submit to the
appropriate committees of Congress a report setting forth a
plan for the work of the Commission.
(B) Final report.--Not later than two years after the date
of the first meeting of the Commission, the Commission shall
submit to the appropriate committees of Congress a report
setting for the activities, findings, and recommendations of
the Commission, including such recommendations for
legislative or administrative action as the Commission may
consider appropriate.
(c) Powers of the Commission.--
(1) Hearings.--the Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the duties of the Commission.
(2) Information from federal agencies.--The Commission may
secure directly from any department or agency of the Federal
Government such information as the Commission considers
necessary to carry out the duties of the Commission. Upon
request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the
Commission.
(3) Information from nongovernmental organizations.--In
carrying out its duties, the Commission may seek guidance and
information through the consultation with foundations,
veteran services organizations, nonprofit groups, faith-based
organizations, private and public institutions of higher
education, and such other organizations as the Commission
determines appropriate.
(4) Commission records.--The Commission shall keep an
accurate and complete record of the actions and meetings of
the Commission. Such records shall be made available for
public inspection and the Comptroller General of the United
States may audit and examine such records.
(d) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
may be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in performing the duties of the
Commission.
(2) Travel and travel expenses.--The members of the
Commission may be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The chairperson of the Commission may,
without regard to civil services laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(B) Compensation.--The chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil services status or privilege.
(5) Procurement of temporary and intermittent services.--
The chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(e) Termination of the Commission.--The Commission shall
terminate 30 days after the date the Commission submits the
final report under subsection (b)(3)(B). Members of the
Commission may be consulted as necessary by the Departments
of Defense and Veterans Affairs to carry out the strategy
submitted under subsection (b)(4).
(f) Funding.--
(1) In general.--The Secretary of Defense shall, upon the
request of the chairperson of the Commission, make available
to the Commission such amounts as the Commission may require
to carry out its duties under this section. The Secretary
shall make such amounts available from amounts appropriated
for the Department of Defense, except that such amounts may
not be from amounts appropriated for the Transition
Assistance Program (TAP), or any similar program.
(2) Availability.--Any sums made available to the
Commission under paragraph (1) shall remain available,
without fiscal year limitation, until the termination of the
Commission.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(2) Armed forces and veterans.--The terms ``Armed Forces''
and ``veteran'' have the meanings given such terms in section
101 of title 38, United States Code.
SEC. ___. NATIONAL STRATEGY FOR SUSTAINMENT OF THE ALL-
VOLUNTEER FORCE.
(a) Strategy Required.--Not later than 90 days after the
date on which the John S. McCain Commission on the
Sustainability of the All-Volunteer Force submits the final
report under section 2(b)(2)(B), the Secretary of Defense and
the Secretary of Veterans Affairs, in consultation with the
Commission, shall submit to the appropriate committees of
Congress a comprehensive strategy on sustaining the all-
volunteer nature of the Armed Forces with emphasis on
recruiting, retention, transition and enduring vigilance for
the life-cycle of members of the Armed Forces, veterans, and
their families.
(b) Elements.--The strategy submitted under subsection (a)
shall include the following:
(1) An action plan for implementing the recommendations
developed by the Commission on such solutions and remedies
for sustaining the all-volunteer nature of the Armed Forces
for the contemporary military.
(2) A feasible timeframe for implementing changes in the
Department of Defense and the Department of Veterans Affairs,
department-wide, that the Commission considers necessary to
improve the transition of members of the Armed Forces and
veterans from service in the Armed Forces to civilian life.
(3) A plan to engage with nongovernmental organizations to
maximize civil initiatives and continuity of engagement on
issues relevant to such transition.
(4) A plan to update, expand, and maximize the capabilities
of the National Resource Directory, including recommendations
for the proper proponent of the Directory, the enactment of
real-time updating, and full availability to those in need.
(c) Designation.--The strategy submitted under subparagraph
(A) shall be known as the ``National Strategy for Sustainment
of the All-Volunteer Force''.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(2) Armed forces and veterans.--The terms ``Armed Forces''
and ``veteran'' have the meanings given such terms in section
101 of title 38, United States Code.
______
SA 627. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 342. REPORT ON MIDWEST INTEGRATED AIRSPACE CORRIDOR.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on--
(1) the current and future needs for established Military
Operating Areas (MOA) for manned or unmanned aircraft;
(2) the training and readiness benefits of a single,
continuous east-west airspace corridor involving Colorado,
Oklahoma, and Kansas that would facilitate the controlled
airspace of military manned or unmanned aircraft to replicate
real-world operations; and
(3) the training and readiness benefits of a single,
continuous north-south airspace corridor involving North
Dakota, South Dakota, Nebraska, and Kansas that may intersect
and be used in conjunction with the east-west airspace
corridor.
______
SA 628. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for
[[Page S3616]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. CYBERSECURITY COORDINATOR AT NATIONAL SECURITY
COUNSEL.
Section 101 of the National Security Act of 1947 (50 U.S.C.
3021 et seq.) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Cybersecurity Coordinator.--
``(1) In general.--The President shall designate an
employee of the National Security Council to be the
Cybersecurity Coordinator.
``(2) Reporting.--The Cybersecurity Coordinator shall
report directly to the President.
``(3) Responsibilities.--The responsibilities of the
Cybersecurity Coordinator are as follows:
``(A) To coordinate the interagency process for addressing
the defense of information infrastructure operated by
agencies in the case of a large-scale attack on information
infrastructure.
``(B) To review agency information security programs and
ensure that they are complementary.
``(C) To ensure each agency provides reporting on the
adequacy of protections for privacy and civil liberties.
``(D) To ensure, in consultation with the agencies, that
the efforts of agencies related to the development of
regulations, rules, requirements, or other actions applicable
to the national information infrastructure are complimentary.
``(E) To coordinate, certify, and provide guidance for the
budgetary process for each agency so that resources are
streamlined and consistent across the necessary agencies.
``(F) To provide a report of information security
vulnerabilities presented by each agency, as well as a review
of the compliance efforts of each agency.
``(G) To ensure information security resilience and
compliance for each agency.
``(H) To establish a national strategy for improving agency
information security.''.
______
SA 629. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XVI, add the following:
SEC. ___. PILOT PROGRAM ON CYBER THREAT DETECTION IN A REAL
ENVIRONMENT.
(a) Pilot Program Required.--The Secretary of Defense shall
carry out a pilot program to assess the feasibility and
advisability of using leading commercial technologies to
identify cyber threats within moments and enabling personnel
of the Security Operations Center to investigate issues
almost immediately thereafter and then isolate or remediate
any issues within an hour of detection.
(b) Report.--At the end of the pilot program required by
subsection (a), the Secretary shall submit to the
congressional defense committees a report on the security
outcomes of the pilot program against a control group using
traditional security protocols elsewhere in the Department of
Defense.
______
SA 630. Mr. CASSIDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XVI, add the following:
SEC. ___. REQUIRING DEFENSE CONTRACTORS WITH INFORMATION
SYSTEMS THAT HAVE BEEN INFILTRATED OR BREACHED
BY NATION STATE ADVERSARIES TO IMPROVE
CYBSECURITY MEASURES.
The Secretary of Defense may not enter into a contract with
a contractor or subcontractor at any tier who the Secretary
determines has an information system that has been
infiltrated or breached by a nation state adversary unless
the contractor or subcontractor adopts within one year of the
infiltration or breach cybersecurity measures related to the
infiltration or breach that are equivalent to those of the
Department of Defense.
______
SA 631. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1207. PROHIBITION ON SALES AND TRANSFERS TO SAUDI ARABIA
AND THE UNITED ARAB EMIRATES.
(a) Restriction on Transfer.--Except as provided in
subsection (c), during the period beginning on the date of
the enactment of this Act and ending on September 30, 2020,
the United States Government--
(1) may not sell, transfer, or authorize licenses for
export to a covered foreign country for any item designated
under Category III, IV, VII, or VIII on the United States
Munitions List pursuant to section 38(a)(1) of the Arms
Export Control Act (22 U.S.C. 2778(a)(1)); and
(2) shall suspend any licenses or other approvals that were
issued before the date of the enactment of this Act for the
export to a covered foreign country of any item designated
under Category IV of the United States Munitions List.
(b) Prohibition on Transfer of Components or
Technologies.--Except as provided in subsection (c),
beginning on the date of the enactment of this Act--
(1) any entity in the United States shall not sell or
transfer intellectual property, electronic components, or
related technologies to a covered foreign country for any
item designated under Category IV of the United States
Munitions List; and
(2) any licenses or other approvals that were issued before
the date of the enactment of this Act for assembly or
production in a covered foreign country for any item
designated under Category IV of the United States Munitions
List shall be void.
(c) Exception.--The prohibitions under subsections (a) and
(b) shall not apply to sales, transfers, or export licenses
relating to ground-based missile defense systems.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means Saudi Arabia and the United Arab Emirates.
(2) Entity in the united states.--The term ``entity in the
United States'' means an officer or employee of the United
States Government acting in an official capacity or a person
engaged in the business of brokering activities with respect
to the manufacture, export, import, or transfer of any
defense article or defense service in the United States.
(3) Ground-based missile defense systems.--The term
``ground-based missile defense system'' mean an anti-
ballistic missile system for intercepting or destroying an
incoming short-, medium-, or long-range ballistic missile.
______
SA 632. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REGIONAL SBIR STATE COLLABORATIVE INITIATIVE PILOT
PROGRAM.
(a) Pilot Program.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(1) in subsection (mm), by adding at the end the following:
``(7) SBIR and sttr programs.--
``(A) Definition.--In this paragraph, the term `covered
Federal agency' means a Federal agency that--
``(i) is required to conduct an SBIR program; and
``(ii) elects to use the funds allocated to the SBIR
program of the Federal agency for the purposes described in
paragraph (1).
``(B) Requirement.--Each covered Federal agency shall
provide an amount equal to 15 percent of the funds that are
used for the purposes described in paragraph (1) to the
Administration--
``(i) for the Regional SBIR State Collaborative Initiative
Pilot Program established under subsection (vv); and
``(ii) to support the Office of the Administration that
administers the SBIR program and the STTR program, subject to
agreement from other agencies about how the funds will be
used, in carrying out those programs and the program
described in clause (i).
``(8) Pilot program.--
``(A) In general.--Of amounts provided to the
Administration under paragraph (7), not less than $5,000,000
shall be used to provide awards under the Regional SBIR State
Collaborative Initiative Pilot Program established under
subsection (vv) for each fiscal year in which the program is
in effect.
``(B) Disbursement flexibility.--The Administration may use
any unused funds made available under subparagraph (A) as of
April 1 of each fiscal year for awards to carry out paragraph
(7)(B)(ii)) after providing written notice to--
[[Page S3617]]
``(i) the Committee on Small Business and Entrepreneurship
and the Committee on Appropriations of the Senate; and
``(ii) the Committee on Small Business and the Committee on
Appropriations of the House of Representatives.''; and
(2) by adding at the end the following:
``(vv) Regional SBIR State Collaborative Initiative Pilot
Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible entity' means--
``(i) a research institution; and
``(ii) a small business concern;
``(B) the term `eligible State' means--
``(i) a State that the Administrator determines is in the
bottom half of States, based on the average number of annual
SBIR program awards made to companies in the State for the
preceding 3 years for which the Administration has applicable
data; and
``(ii) an EPSCoR State that--
``(I) is a State described in clause (i); or
``(II) is--
``(aa) not a State described in clause (i); and
``(bb) invited to participate in a regional collaborative;
``(C) the term `EPSCoR State' means a State that
participates in the Established Program to Stimulate
Competitive Research of the National Science Foundation, as
established under section 113 of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1862g);
``(D) the term `pilot program' means the Regional SBIR
State Collaborative Initiative Pilot Program established
under paragraph (2);
``(E) the term `regional collaborative' means a
collaborative consisting of eligible entities that are
located in not less than 3 eligible States; and
``(F) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
``(2) Establishment.--The Administrator shall establish a
pilot program, to be known as the Regional SBIR State
Collaborative Initiative Pilot Program, under which the
Administrator shall provide awards to regional collaboratives
to address the needs of small business concerns in order to
be more competitive in the proposal and selection process for
awards under the SBIR program and the STTR program and to
increase technology transfer and commercialization.
``(3) Goals.--The goals of the pilot program are--
``(A) to create regional collaboratives that allow eligible
entities to work cooperatively to leverage resources to
address the needs of small business concerns;
``(B) to grow SBIR program and STTR program cooperative
research and development and commercialization through
increased awards under those programs;
``(C) to increase the participation of States that have
historically received a lower level of awards under the SBIR
program and the STTR program;
``(D) to utilize the strengths and advantages of regional
collaboratives to better leverage resources, best practices,
and economies of scale in a region for the purpose of
increasing awards and increasing the commercialization of the
SBIR program and STTR projects;
``(E) to increase the competitiveness of the SBIR program
and the STTR program;
``(F) to identify sources of outside funding for applicants
for an award under the SBIR program or the STTR program,
including venture capitalists, angel investor groups, private
industry, crowd funding, and special loan programs; and
``(G) to offer increased one-on-one engagements with
companies and entrepreneurs for SBIR program and STTR program
education, assistance, and successful outcomes.
``(4) Application.--
``(A) In general.--A regional collaborative that desires to
participate in the pilot program shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
``(B) Inclusion of lead eligible entities and
coordinator.--A regional collaborative shall include in an
application submitted under subparagraph (A)--
``(i) the name of each lead eligible entity from each
eligible State in the regional collaborative, as designated
under paragraph (5)(A); and
``(ii) the name of the coordinator for the regional
collaborative, as designated under paragraph (6).
``(C) Avoidance of duplication.--A regional collaborative
shall include in an application submitted under subparagraph
(A) an explanation as to how the activities of the regional
collaborative under the pilot program would differ from other
State and Federal outreach activities in each eligible State
in the regional collaborative.
``(5) Lead eligible entity.--
``(A) In general.--Each eligible State in a regional
collaborative shall designate 1 eligible entity located in
the eligible State to serve as the lead eligible entity for
the eligible State.
``(B) Authorization by governor.--Each lead eligible entity
designated under subparagraph (A) shall be authorized to act
as the lead eligible entity by the Governor of the applicable
eligible State.
``(C) Responsibilities.--Each lead eligible entity
designated under subparagraph (A) shall be responsible for
administering the activities and program initiatives
described in paragraph (7) in the applicable eligible State.
``(6) Regional collaborative coordinator.--Each regional
collaborative shall designate a coordinator from amongst the
eligible entities located in the eligible States in the
regional collaborative, who shall serve as the interface
between the regional collaborative and the Administration
with respect to measuring cross-State collaboration and
program effectiveness and documenting best practices.
``(7) Use of funds.--Each regional collaborative that is
provided an award under the pilot program may, in each
eligible State in which an eligible entity of the regional
collaborative is located--
``(A) establish an initiative under which first-time
applicants for an award under the SBIR program or the STTR
program are reviewed by experienced, national experts in the
United States, as determined by the lead eligible entity
designated under paragraph (5)(A);
``(B) engage national mentors on a frequent basis to work
directly with applicants for an award under the SBIR program
or the STTR program, particularly during Phase II, to assist
with the process of preparing and submitting a proposal;
``(C) create and make available an online mechanism to
serve as a resource for applicants for an award under the
SBIR program or the STTR program to identify and connect with
Federal labs, prime government contractor companies, other
industry partners, and regional industry cluster
organizations;
``(D) conduct focused and concentrated outreach efforts to
increase participation in the SBIR program and the STTR
program by small business concerns owned and controlled by
women, small business concerns owned and controlled by
veterans, small business concerns owned and controlled by
socially and economically disadvantaged individuals (as
defined in section 8(d)(3)(C)), and historically black
colleges and universities;
``(E) administer a structured program of training and
technical assistance--
``(i) to prepare applicants for an award under the SBIR
program or the STTR program--
``(I) to compete more effectively for Phase I and Phase II
awards; and
``(II) to develop and implement a successful
commercialization plan;
``(ii) to assist eligible States focusing on transition and
commercialization to win Phase III awards from public and
private partners;
``(iii) to create more competitive proposals to increase
awards from all Federal sources, with a focus on awards under
the SBIR program and the STTR program; and
``(iv) to assist first-time applicants by providing small
grants for proof of concept research; and
``(F) assist applicants for an award under the SBIR program
or the STTR program to identify sources of outside funding,
including venture capitalists, angel investor groups, private
industry, crowd funding, and special loan programs.
``(8) Award amount.--The Administrator shall provide an
award to each eligible State in which an eligible entity of a
regional collaborative is located in an amount that is not
more than $300,000 to carry out the activities described in
paragraph (7).
``(9) Duration of award.--An award provided under the pilot
program shall be for a period of not more than 1 year, and
may be renewed by the Administrator for 1 additional year.
``(10) Termination.--The pilot program shall terminate on
September 30, 2022.
``(11) Report.--
``(A) In general.--Not later than September 30, 2023, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the
pilot program, which shall include--
``(i) an assessment of the pilot program and the
effectiveness of the pilot program in meeting the goals
described in paragraph (3);
``(ii) an assessment of the best practices, including an
analysis of how the pilot program compares to a single State
approach; and
``(iii) recommendations as to whether any aspect of the
pilot program should be extended or made permanent.
``(B) Information required.--Not later than March 30, 2023,
the head of each Federal agency that participates in the
pilot program shall submit to the Administrator any
information that is necessary for the Administrator to carry
out the duties of the Administrator under subparagraph
(A).''.
______
SA 633. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle F of title X, insert
the following:
SEC. __. CIVIL ACTIONS AGAINST FOREIGN STATES FOR DEATHS BY
TORTURE.
(a) In General.--Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605B the
following:
[[Page S3618]]
``Sec. 1605C. Torture exception
``(a) Definitions.--In this section--
``(1) the term `armed forces' has the meaning given that
term in section 101 of title 10;
``(2) the term `national of the United States' has the
meaning given that term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
``(3) the term `torture' has the meaning given that term in
section 3 of the Torture Victim Protection Act of 1991 (28
U.S.C. 1350 note).
``(b) Exception to Immunity.--In addition to any other
exception to immunity under this chapter, a foreign state
shall not be immune from the jurisdiction of courts of the
United States or of the States in any case in which money
damages are sought against the foreign state relating to the
death of a national of the United States or a member of the
armed forces who was in the custody of the foreign state that
was caused by an act of torture of the foreign state, or of
any official, employee, or agent of that foreign state while
acting within the scope of his or her office, employment, or
agency.
``(c) Retroactive Application.--A civil action relating to
a death described in subsection (b) that occurred before the
date of enactment of this section may be brought under this
section if the civil action is commenced not later than 5
years after the date of enactment of this section.
``(d) Private Right of Action.--A foreign state and any
official, employee, or agent of that foreign state while
acting within the scope of his or her office, employment, or
agency, shall be liable for a death described in subsection
(b) to a legal representative of a national of the United
States or a member of the armed forces.''.
(b) Attachment of Property.--Section 1610(a)(7) of title
28, United States Code, is amended by inserting ``, 1605C,''
after ``1605A''.
(c) Technical and Conforming Amendment.--The table of
sections for chapter 97 of title 28, United States Code, is
amended by inserting after the item relating to section 1605B
the following:
``1605C. Torture exception.''.
______
SA 634. Mr. CASSIDY (for himself and Mr. Tester) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 729. REVIEW OF RECORDS OF FORMER MEMBERS OF THE ARMED
FORCES WHO DIE BY SUICIDE WITHIN ONE YEAR OF
SEPARATION FROM THE ARMED FORCES.
(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly and retrospectively review
the records of each former member of the Armed Forces who
died by suicide within one year of separation from the Armed
Forces during the five-year period preceding the date of the
enactment of this Act.
(b) Elements.--The review required by subsection (a) with
respect to a former member of the Armed Forces shall include
consideration of the following:
(1) Whether or not the Department of Defense had previously
identified the former member as being at risk for suicide and
if so, what risk factors were present and how those risk
factors correlated to the circumstances of the death of the
former member.
(2) If the former member was eligible to receive health
care services from the Department of Veterans Affairs.
(3) If the former member received health care services,
including mental health care services and Readjustment
Counseling Services, from a facility of the Department of
Veterans Affairs, following their separation from the Armed
Forces.
(4) If the former member had received a mental health
waiver during service in the Armed Forces.
(5) The employment status, housing status, marital status,
age, rank within the Armed Forces (such as enlisted and
officer), and branch of the Armed Services of the former
member.
(6) If support services, specified by the type of service
(such as employment, mental health, etc.), were provided to
the former member during the one-year period after separation
from the Armed Forces, disaggregated by--
(A) services from the Department of Defense;
(B) services from the Department of Veterans Affairs; and
(C) services provided by another entity.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the aggregate
results of the review performed under subsection (a).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) The Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) The Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
______
SA 635. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. MODIFICATION OF DEFENSE UNIVERSITY RESEARCH
INSTRUMENTATION PROGRAM.
The Secretary of Defense shall take such actions as may be
necessary to ensure that the amount of a grant awarded under
the Defense University Research Instrumentation Program is
$10,000,000 for a proposal to acquire a transmission electron
microscope to be used for purposes relating to quantum
engineering, bioengineering, national defense priorities, and
aerospace.
____________________