[Congressional Record Volume 165, Number 104 (Thursday, June 20, 2019)]
[Senate]
[Pages S4180-S4194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 803. 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. ___. ADDITIONAL AMOUNTS FOR ACQUISITION OF A 
                   TRANSMISSION ELECTRON MICROSCOPE.

       (a) Additional Amount for Acquisition of a Transmission 
     Electron Microscope.--The amount authorized to be 
     appropriated for fiscal year 2020 by section 201 for 
     acquisition of a Transmission Electron Microscope is hereby 
     increased by $5,000,000, with the amount of the increase to 
     be available for Defense Research Sciences (PE 0601102A) for 
     transmission electron microscopy (TEM) use in advanced 
     analyses of materials for biomedical research, micro- and 
     nano-electronics research, advanced manufacturing and 
     materials research and development, superconductivity, and 
     for other purposes.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2020 by section 201 for AF RDT&E is hereby 
     decreased by $5,000,000 for Future Advanced Weapon Analysis & 
     Programs (PE 0604200F).
                                 ______
                                 
  SA 804. Mr. BOOKER (for himself and 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 title X, add the following:

                      Subtitle I--Fair Chance Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Fair Chance to Compete 
     for Jobs Act of 2019'' or the ``Fair Chance Act''.

     SEC. 1092. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                   CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.

       (a) In General.--Subpart H of part III of title 5, United 
     States Code, is amended by adding at the end the following:

   ``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                           CONDITIONAL OFFER

``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record 
              information.
``9203. Agency policies; complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.

     ``Sec. 9201. Definitions

       ``In this chapter--
       ``(1) the term `agency' means `Executive agency' as such 
     term is defined in section 105 and includes--
       ``(A) the United States Postal Service and the Postal 
     Regulatory Commission; and
       ``(B) the Executive Office of the President;
       ``(2) the term `appointing authority' means an employee in 
     the executive branch of the Government of the United States 
     that has authority to make appointments to positions in the 
     civil service;
       ``(3) the term `conditional offer' means an offer of 
     employment in a position in the civil service that is 
     conditioned upon the results of a criminal history inquiry;
       ``(4) the term `criminal history record information'--
       ``(A) except as provided in subparagraphs (B) and (C), has 
     the meaning given the term in section 9101(a);
       ``(B) includes any information described in the first 
     sentence of section 9101(a)(2) that has been sealed or 
     expunged pursuant to law; and
       ``(C) includes information collected by a criminal justice 
     agency, relating to an act or alleged act of juvenile 
     delinquency, that is analogous to criminal history record 
     information (including such information that has been sealed 
     or expunged pursuant to law); and
       ``(5) the term `suspension' has the meaning given the term 
     in section 7501.

     ``Sec. 9202. Limitations on requests for criminal history 
       record information

       ``(a) Inquiries Prior to Conditional Offer.--Except as 
     provided in subsections

[[Page S4181]]

     (b) and (c), an employee of an agency may not request, in 
     oral or written form (including through the Declaration for 
     Federal Employment (Office of Personnel Management Optional 
     Form 306) or any similar successor form, the USAJOBS internet 
     website, or any other electronic means) that an applicant for 
     an appointment to a position in the civil service disclose 
     criminal history record information regarding the applicant 
     before the appointing authority extends a conditional offer 
     to the applicant.
       ``(b) Otherwise Required by Law.--The prohibition under 
     subsection (a) shall not apply with respect to an applicant 
     for a position in the civil service if consideration of 
     criminal history record information prior to a conditional 
     offer with respect to the position is otherwise required by 
     law.
       ``(c) Exception for Certain Positions.--
       ``(1) In general.--The prohibition under subsection (a) 
     shall not apply with respect to an applicant for an 
     appointment to a position--
       ``(A) that requires a determination of eligibility 
     described in clause (i), (ii), or (iii) of section 
     9101(b)(1)(A);
       ``(B) as a Federal law enforcement officer (as defined in 
     section 115(c) of title 18); or
       ``(C) identified by the Director of the Office of Personnel 
     Management in the regulations issued under paragraph (2).
       ``(2) Regulations.--
       ``(A) Issuance.--The Director of the Office of Personnel 
     Management shall issue regulations identifying additional 
     positions with respect to which the prohibition under 
     subsection (a) shall not apply, giving due consideration to 
     positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(B) Compliance with civil rights laws.--The regulations 
     issued under subparagraph (A) shall--
       ``(i) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(ii) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

     ``Sec. 9203. Agency policies; complaint procedures

       ``The Director of the Office of Personnel Management 
     shall--
       ``(1) develop, implement, and publish a policy to assist 
     employees of agencies in complying with section 9202 and the 
     regulations issued pursuant to such section; and
       ``(2) establish and publish procedures under which an 
     applicant for an appointment to a position in the civil 
     service may submit a complaint, or any other information, 
     relating to compliance by an employee of an agency with 
     section 9202.

     ``Sec. 9204. Adverse action

       ``(a) First Violation.--If the Director of the Office of 
     Personnel Management determines, after notice and an 
     opportunity for a hearing on the record, that an employee of 
     an agency has violated section 9202, the Director shall--
       ``(1) issue to the employee a written warning that includes 
     a description of the violation and the additional penalties 
     that may apply for subsequent violations; and
       ``(2) file such warning in the employee's official 
     personnel record file.
       ``(b) Subsequent Violations.--If the Director of the Office 
     of Personnel Management determines, after notice and an 
     opportunity for a hearing on the record, that an employee 
     that was subject to subsection (a) has committed a subsequent 
     violation of section 9202, the Director may take the 
     following action:
       ``(1) For a second violation, suspension of the employee 
     for a period of not more than 7 days.
       ``(2) For a third violation, suspension of the employee for 
     a period of more than 7 days.
       ``(3) For a fourth violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $250.
       ``(4) For a fifth violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $500.
       ``(5) For any subsequent violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $1,000.

     ``Sec. 9205. Procedures

       ``(a) Appeals.--The Director of the Office of Personnel 
     Management shall by rule establish procedures providing for 
     an appeal from any adverse action taken under section 9204 by 
     not later than 30 days after the date of the action.
       ``(b) Applicability of Other Laws.--An adverse action taken 
     under section 9204 (including a determination in an appeal 
     from such an action under subsection (a) of this section) 
     shall not be subject to--
       ``(1) the procedures under chapter 75; or
       ``(2) except as provided in subsection (a) of this section, 
     appeal or judicial review.

     ``Sec. 9206. Rules of construction

       ``Nothing in this chapter may be construed to--
       ``(1) authorize any officer or employee of an agency to 
     request the disclosure of information described under 
     subparagraphs (B) and (C) of section 9201(4); or
       ``(2) create a private right of action for any person.''.
       (b) Regulations; Effective Date.--
       (1) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall issue such regulations as are 
     necessary to carry out chapter 92 of title 5, United States 
     Code (as added by this subtitle).
       (2) Effective date.--Section 9202 of title 5, United States 
     Code (as added by this subtitle), shall take effect on the 
     date that is 2 years after the date of enactment of this Act.
       (c) Technical and Conforming Amendment.--The table of 
     chapters for part III of title 5, United States Code, is 
     amended by inserting after the item relating to chapter 91 
     the following:

``92. Prohibition on criminal history inquiries prior to conditional 
    offer...................................................9201''.....

       (d) Application to Legislative Branch.--
       (1) In general.--The Congressional Accountability Act of 
     1995 (2 U.S.C. 1301 et seq.) is amended--
       (A) in section 102(a) (2 U.S.C. 1302(a)), by adding at the 
     end the following:
       ``(12) Section 9202 of title 5, United States Code.'';
       (B) by redesignating section 207 (2 U.S.C. 1317) as section 
     208; and
       (C) by inserting after section 206 (2 U.S.C. 1316) the 
     following new section:

     ``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL 
                   HISTORY INQUIRIES.

       ``(a) Definitions.--In this section, the terms `agency', 
     `criminal history record information', and `suspension' have 
     the meanings given the terms in section 9201 of title 5, 
     United States Code, except as otherwise modified by this 
     section.
       ``(b) Restrictions on Criminal History Inquiries.--
       ``(1) In general.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an employee of an employing office may not request that an 
     applicant for employment as a covered employee disclose 
     criminal history record information if the request would be 
     prohibited under section 9202 of title 5, United States Code, 
     if made by an employee of an agency.
       ``(B) Conditional offer.--For purposes of applying that 
     section 9202 under subparagraph (A), a reference in that 
     section 9202 to a conditional offer shall be considered to be 
     an offer of employment as a covered employee that is 
     conditioned upon the results of a criminal history inquiry.
       ``(2) Rules of construction.--The provisions of section 
     9206 of title 5, United States Code, shall apply to employing 
     offices, consistent with regulations issued under subsection 
     (d).
       ``(c) Remedy.--
       ``(1) In general.--The remedy for a violation of subsection 
     (b)(1) shall be such remedy as would be appropriate if 
     awarded under section 9204 of title 5, United States Code, if 
     the violation had been committed by an employee of an agency, 
     consistent with regulations issued under subsection (d), 
     except that the reference in that section to a suspension 
     shall be considered to be a suspension with the level of 
     compensation provided for a covered employee who is taking 
     unpaid leave under section 202.
       ``(2) Process for obtaining relief.--An applicant for 
     employment as a covered employee who alleges a violation of 
     subsection (b)(1) may rely on the provisions of title IV 
     (other than section 407 or 408, or a provision of this title 
     that permits a person to obtain a civil action or judicial 
     review), consistent with regulations issued under subsection 
     (d).
       ``(d) Regulations To Implement Section.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Fair Chance to Compete for Jobs Act of 
     2019, the Board shall, pursuant to section 304, issue 
     regulations to implement this section.
       ``(2) Parallel with agency regulations.--The regulations 
     issued under paragraph (1) shall be the same as substantive 
     regulations issued by the Director of the Office of Personnel 
     Management under section 1092(b)(1) of the Fair Chance to 
     Compete for Jobs Act of 2019 to implement the statutory 
     provisions referred to in subsections (a) through (c) except 
     to the extent that the Board may determine, for good cause 
     shown and stated together with the regulation, that a 
     modification of such regulations would be more effective for 
     the implementation of the rights and protections under this 
     section.
       ``(e) Effective Date.--Section 102(a)(12) and subsections 
     (a) through (c) shall take effect on the date on which 
     section 9202 of title 5, United States Code, applies with 
     respect to agencies.''.
       (2) Clerical amendments.--
       (A) The table of contents in section 1(b) of the 
     Congressional Accountability Act of 1995 (Public Law 104-1; 
     109 Stat. 3) is amended--
       (i) by redesignating the item relating to section 207 as 
     the item relating to section 208; and
       (ii) by inserting after the item relating to section 206 
     the following new item:

``Sec. 207. Rights and protections relating to criminal history 
              inquiries.''.

       (B) Section 62(e)(2) of the Internal Revenue Code of 1986 
     is amended by striking ``or 207'' and inserting ``207, or 
     208''.
       (e) Application to Judicial Branch.--
       (1) In general.--Section 604 of title 28, United States 
     Code, is amended by adding at the end the following:

[[Page S4182]]

       ``(i) Restrictions on Criminal History Inquiries.--
       ``(1) Definitions.--In this subsection--
       ``(A) the terms `agency' and `criminal history record 
     information' have the meanings given those terms in section 
     9201 of title 5;
       ``(B) the term `covered employee' means an employee of the 
     judicial branch of the United States Government, other than--
       ``(i) any judge or justice who is entitled to hold office 
     during good behavior;
       ``(ii) a United States magistrate judge; or
       ``(iii) a bankruptcy judge; and
       ``(C) the term `employing office' means any office or 
     entity of the judicial branch of the United States Government 
     that employs covered employees.
       ``(2) Restriction.--A covered employee may not request that 
     an applicant for employment as a covered employee disclose 
     criminal history record information if the request would be 
     prohibited under section 9202 of title 5 if made by an 
     employee of an agency.
       ``(3) Employing office policies; complaint procedure.--The 
     provisions of sections 9203 and 9206 of title 5 shall apply 
     to employing offices and to applicants for employment as 
     covered employees, consistent with regulations issued by the 
     Director to implement this subsection.
       ``(4) Adverse action.--
       ``(A) Adverse action.--The Director may take such adverse 
     action with respect to a covered employee who violates 
     paragraph (2) as would be appropriate under section 9204 of 
     title 5 if the violation had been committed by an employee of 
     an agency.
       ``(B) Appeals.--The Director shall by rule establish 
     procedures providing for an appeal from any adverse action 
     taken under subparagraph (A) by not later than 30 days after 
     the date of the action.
       ``(C) Applicability of other laws.--Except as provided in 
     subparagraph (B), an adverse action taken under subparagraph 
     (A) (including a determination in an appeal from such an 
     action under subparagraph (B)) shall not be subject to appeal 
     or judicial review.
       ``(5) Regulations to be issued.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of the Fair Chance to Compete for Jobs Act of 
     2019, the Director shall issue regulations to implement this 
     subsection.
       ``(B) Parallel with agency regulations.--The regulations 
     issued under subparagraph (A) shall be the same as 
     substantive regulations promulgated by the Director of the 
     Office of Personnel Management under section 1092(b)(1) of 
     the Fair Chance to Compete for Jobs Act of 2019 except to the 
     extent that the Director of the Administrative Office of the 
     United States Courts may determine, for good cause shown and 
     stated together with the regulation, that a modification of 
     such regulations would be more effective for the 
     implementation of the rights and protections under this 
     subsection.
       ``(6) Effective date.--Paragraphs (1) through (4) shall 
     take effect on the date on which section 9202 of title 5 
     applies with respect to agencies.''.

     SEC. 1093. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY 
                   CONTRACTORS PRIOR TO CONDITIONAL OFFER.

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

     ``Sec. 4714. Prohibition on criminal history inquiries by 
       contractors prior to conditional offer

       ``(a) Limitation on Criminal History Inquiries.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), an executive agency--
       ``(A) may not require that an individual or sole proprietor 
     who submits a bid for a contract to disclose criminal history 
     record information regarding that individual or sole 
     proprietor before determining the apparent awardee; and
       ``(B) shall require, as a condition of receiving a Federal 
     contract and receiving payments under such contract that the 
     contractor may not verbally, or through written form, request 
     the disclosure of criminal history record information 
     regarding an applicant for a position related to work under 
     such contract before the contractor extends a conditional 
     offer to the applicant.
       ``(2) Otherwise required by law.--The prohibition under 
     paragraph (1) does not apply with respect to a contract if 
     consideration of criminal history record information prior to 
     a conditional offer with respect to the position is otherwise 
     required by law.
       ``(3) Exception for certain positions.--
       ``(A) In general.--The prohibition under paragraph (1) does 
     not apply with respect to--
       ``(i) a contract that requires an individual hired under 
     the contract to access classified information or to have 
     sensitive law enforcement or national security duties; or
       ``(ii) a position that the Administrator of General 
     Services identifies under the regulations issued under 
     subparagraph (B).
       ``(B) Regulations.--
       ``(i) Issuance.--Not later than 16 months after the date of 
     enactment of the Fair Chance to Compete for Jobs Act of 2019, 
     the Administrator of General Services, in consultation with 
     the Secretary of Defense, shall issue regulations identifying 
     additional positions with respect to which the prohibition 
     under paragraph (1) shall not apply, giving due consideration 
     to positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(ii) Compliance with civil rights laws.--The regulations 
     issued under clause (i) shall--

       ``(I) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(II) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

       ``(b) Complaint Procedures.--The Administrator of General 
     Services shall establish and publish procedures under which 
     an applicant for a position with a Federal contractor may 
     submit to the Administrator a complaint, or any other 
     information, relating to compliance by the contractor with 
     subsection (a)(1)(B).
       ``(c) Action for Violations of Prohibition on Criminal 
     History Inquiries.--
       ``(1) First violation.--If the head of an executive agency 
     determines that a contractor has violated subsection 
     (a)(1)(B), such head shall--
       ``(A) notify the contractor;
       ``(B) provide 30 days after such notification for the 
     contractor to appeal the determination; and
       ``(C) issue a written warning to the contractor that 
     includes a description of the violation and the additional 
     remedies that may apply for subsequent violations.
       ``(2) Subsequent violation.--If the head of an executive 
     agency determines that a contractor that was subject to 
     paragraph (1) has committed a subsequent violation of 
     subsection (a)(1)(B), such head shall notify the contractor, 
     shall provide 30 days after such notification for the 
     contractor to appeal the determination, and, in consultation 
     with the relevant Federal agencies, may take actions, 
     depending on the severity of the infraction and the 
     contractor's history of violations, including--
       ``(A) providing written guidance to the contractor that the 
     contractor's eligibility for contracts requires compliance 
     with this section;
       ``(B) requiring that the contractor respond within 30 days 
     affirming that the contractor is taking steps to comply with 
     this section; and
       ``(C) suspending payment under the contract for which the 
     applicant was being considered until the contractor 
     demonstrates compliance with this section.
       ``(d) Definitions.--In this section:
       ``(1) Conditional offer.--The term `conditional offer' 
     means an offer of employment for a position related to work 
     under a contract that is conditioned upon the results of a 
     criminal history inquiry.
       ``(2) Criminal history record information.--The term 
     `criminal history record information' has the meaning given 
     that term in section 9201 of title 5.''.
       (2) Clerical amendment.--The table of sections for chapter 
     47 of title 41, United States Code, is amended by adding at 
     the end the following new item:

``4714. Prohibition on criminal history inquiries by contractors prior 
              to conditional offer.''.
       (3) Effective date.--Section 4714 of title 41, United 
     States Code, as added by paragraph (1), shall apply with 
     respect to contracts awarded pursuant to solicitations issued 
     after the effective date described in section 1092(b)(2) of 
     this subtitle.
       (b) Defense Contracts.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by inserting after section 2338 the 
     following new section:

     ``Sec. 2339. Prohibition on criminal history inquiries by 
       contractors prior to conditional offer

       ``(a) Limitation on Criminal History Inquiries.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the head of an agency--
       ``(A) may not require that an individual or sole proprietor 
     who submits a bid for a contract to disclose criminal history 
     record information regarding that individual or sole 
     proprietor before determining the apparent awardee; and
       ``(B) shall require as a condition of receiving a Federal 
     contract and receiving payments under such contract that the 
     contractor may not verbally or through written form request 
     the disclosure of criminal history record information 
     regarding an applicant for a position related to work under 
     such contract before such contractor extends a conditional 
     offer to the applicant.
       ``(2) Otherwise required by law.--The prohibition under 
     paragraph (1) does not apply with respect to a contract if 
     consideration of criminal history record information prior to 
     a conditional offer with respect to the position is otherwise 
     required by law.
       ``(3) Exception for certain positions.--
       ``(A) In general.--The prohibition under paragraph (1) does 
     not apply with respect to--
       ``(i) a contract that requires an individual hired under 
     the contract to access classified information or to have 
     sensitive law enforcement or national security duties; or
       ``(ii) a position that the Secretary of Defense identifies 
     under the regulations issued under subparagraph (B).
       ``(B) Regulations.--
       ``(i) Issuance.--Not later than 16 months after the date of 
     enactment of the Fair Chance to Compete for Jobs Act of 2019, 
     the Secretary of Defense, in consultation with

[[Page S4183]]

     the Administrator of General Services, shall issue 
     regulations identifying additional positions with respect to 
     which the prohibition under paragraph (1) shall not apply, 
     giving due consideration to positions that involve 
     interaction with minors, access to sensitive information, or 
     managing financial transactions.
       ``(ii) Compliance with civil rights laws.--The regulations 
     issued under clause (i) shall--

       ``(I) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(II) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

       ``(b) Complaint Procedures.--The Secretary of Defense shall 
     establish and publish procedures under which an applicant for 
     a position with a Department of Defense contractor may submit 
     a complaint, or any other information, relating to compliance 
     by the contractor with subsection (a)(1)(B).
       ``(c) Action for Violations of Prohibition on Criminal 
     History Inquiries.--
       ``(1) First violation.--If the Secretary of Defense 
     determines that a contractor has violated subsection 
     (a)(1)(B), the Secretary shall--
       ``(A) notify the contractor;
       ``(B) provide 30 days after such notification for the 
     contractor to appeal the determination; and
       ``(C) issue a written warning to the contractor that 
     includes a description of the violation and the additional 
     remedies that may apply for subsequent violations.
       ``(2) Subsequent violations.--If the Secretary of Defense 
     determines that a contractor that was subject to paragraph 
     (1) has committed a subsequent violation of subsection 
     (a)(1)(B), the Secretary shall notify the contractor, shall 
     provide 30 days after such notification for the contractor to 
     appeal the determination, and, in consultation with the 
     relevant Federal agencies, may take actions, depending on the 
     severity of the infraction and the contractor's history of 
     violations, including--
       ``(A) providing written guidance to the contractor that the 
     contractor's eligibility for contracts requires compliance 
     with this section;
       ``(B) requiring that the contractor respond within 30 days 
     affirming that the contractor is taking steps to comply with 
     this section; and
       ``(C) suspending payment under the contract for which the 
     applicant was being considered until the contractor 
     demonstrates compliance with this section.
       ``(d) Definitions.--In this section:
       ``(1) Conditional offer.--The term `conditional offer' 
     means an offer of employment for a position related to work 
     under a contract that is conditioned upon the results of a 
     criminal history inquiry.
       ``(2) Criminal history record information.--The term 
     `criminal history record information' has the meaning given 
     that term in section 9201 of title 5.''.
       (2) Effective date.--Section 2339(a) of title 10, United 
     States Code, as added by paragraph (1), shall apply with 
     respect to contracts awarded pursuant to solicitations issued 
     after the effective date described in section 1092(b)(2) of 
     this subtitle.
       (3) Clerical amendment.--The table of sections for chapter 
     137 of title 10, United States Code, is amended by inserting 
     after the item relating to section 2338 the following new 
     item:

``2339. Prohibition on criminal history inquiries by contractors prior 
              to conditional offer.''.

       (c) Revisions to Federal Acquisition Regulation.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Federal Acquisition Regulatory 
     Council shall revise the Federal Acquisition Regulation to 
     implement section 4714 of title 41, United States Code, and 
     section 2339 of title 10, United States Code, as added by 
     this section.
       (2) Consistency with office of personnel management 
     regulations.--The Federal Acquisition Regulatory Council 
     shall revise the Federal Acquisition Regulation under 
     paragraph (1) to be consistent with the regulations issued by 
     the Director of the Office of Personnel Management under 
     section 1092(b)(1) to the maximum extent practicable. The 
     Council shall include together with such revision an 
     explanation of any substantive modification of the Office of 
     Personnel Management regulations, including an explanation of 
     how such modification will more effectively implement the 
     rights and protections under this section.

     SEC. 1094. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY 
                   INCARCERATED IN FEDERAL PRISONS.

       (a) Definition.--In this section, the term ``covered 
     individual''--
       (1) means an individual who has completed a term of 
     imprisonment in a Federal prison for a Federal criminal 
     offense; and
       (2) does not include an alien who is or will be removed 
     from the United States for a violation of the immigration 
     laws (as such term is defined in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101)).
       (b) Study and Report Required.--The Director of the Bureau 
     of Justice Statistics, in coordination with the Director of 
     the Bureau of the Census, shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, design and initiate a study on the employment of 
     covered individuals after their release from Federal prison, 
     including by collecting--
       (A) demographic data on covered individuals, including 
     race, age, and sex; and
       (B) data on employment and earnings of covered individuals 
     who are denied employment, including the reasons for the 
     denials; and
       (2) not later than 2 years after the date of enactment of 
     this Act, and every 5 years thereafter, submit a report that 
     does not include any personally identifiable information on 
     the study conducted under paragraph (1) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Oversight and Reform of the House of 
     Representatives; and
       (D) the Committee on Education and Labor of the House of 
     Representatives.
                                 ______
                                 
  SA 805. 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 part II of subtitle F of title V, add the 
     following:

     SEC. 582. EXPANSION OF ELIGIBILITY FOR THE MY CAREER 
                   ADVANCEMENT ACCOUNT PROGRAM TO CERTAIN MILITARY 
                   SPOUSES.

       (a) Eligibility for Participants Whose Spouses Receive 
     Promotions.--Beginning on October 1, 2020, a military spouse 
     who is participating in the My Career Advancement Account 
     program of the Department of Defense (in this section 
     referred to as the ``Program'') may not become ineligible for 
     the Program solely because the member of the Armed Forces to 
     whom the military spouse is married receives a promotion in 
     grade.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on the Program.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An assessment of employment rates for military spouses 
     that identifies--
       (i) the career fields most military spouses frequently 
     pursue; and
       (ii) the extent to which such rates may be improved by 
     expanding the Program to include reimbursements for licensing 
     reciprocity.
       (B) An assessment of costs required to expand the Program 
     as described in subparagraph (A)(ii).
       (c) Funding.--Of the amounts authorized to be appropriated 
     for fiscal year 2021 for the Department of Defense for 
     operation and maintenance, Defense-wide, not more than 
     $5,000,000 may be available for the purposes of this section.
                                 ______
                                 
  SA 806. Mr. YOUNG submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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. ___. PLAN ON ADVANCEMENT OF FUNDAMENTAL HYPERSONIC 
                   SCIENCE AND TECHNOLOGY ACTIVITIES.

       (a) Plan Required.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a plan to 
     advance fundamental hypersonic science and technology 
     activities.
       (b) Elements.--The plan submitted under subsection (a) 
     shall include the following:
       (1) Identification of high priority hypersonics basic 
     research efforts and fundamental research challenges of the 
     Department of Defense.
       (2) Identification of organizations designated to fund 
     university hypersonic research.
       (3) A plan for partnerships with universities on matters 
     relating to the advancement of fundamental hypersonic science 
     and technology research and development, including by 
     establishing a consortium of research universities.
       (4) Development of a strategy for using university 
     expertise to support workforce development, acquisition 
     program oversight, and basic research activities.
       (5) Options for university experts to work in Department 
     labs and test centers on hypersonics.

[[Page S4184]]

  

                                 ______
                                 
  SA 807. Ms. STABENOW (for herself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 764 submitted by Mr. 
Inhofe and intended to be proposed 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 of the amendment, 
     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 review, and if 
     necessary update, and 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''). The guidance shall reflect any 
     Department actions taken in response to the April 18, 2017, 
     Executive Order No. 13788, ``Buy American and Hire American'' 
     and in response to the recommendations of the Department of 
     Defense Inspector General report entitled ``Summary Report of 
     DoD Compliance With the Berry Amendment and 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 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 review, and if 
     necessary update, and 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'').
       (2) Elements.--The guidance issued under paragraph (1) 
     shall cover--
       (A) the requirement to incorporate and enforce the Berry 
     Amendment in applicable solicitations and contracts; and
       (B) the requirements of the Berry Amendment, such as 
     inclusion of clauses, into the electronic contract writing 
     systems used by the military departments and the Defense 
     Logistics Agency.
       (c) Briefing on Activities.--Not later than March 1, 2020, 
     the Secretary of Defense shall brief the congressional 
     defense committees on activities undertaken pursuant to this 
     section.
                                 ______
                                 
  SA 808. Mr. GRASSLEY (for himself and Ms. Warren) submitted an 
amendment intended to be proposed to amendment SA 764 submitted by Mr. 
Inhofe and intended to be proposed 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 of the amendment, 
     add the following:

     SEC. 811. REPORT ON CONTRACTOR DENIAL OF COST OR PRICING DATA 
                   REQUESTS.

       Not later than December 31, 2020, and annually thereafter, 
     the Under Secretary of Defense for Acquisition and 
     Sustainment shall submit to Congress a report summarizing 
     each case in which a contractor refused a request from the 
     contracting officer for uncertified cost or pricing data.
                                 ______
                                 
  SA 809. Mr. ROMNEY submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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. POLICY WITH RESPECT TO EXPANSION OF COOPERATION 
                   WITH ALLIES AND PARTNERS IN THE INDO-PACIFIC 
                   REGION AND EUROPE REGARDING THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) Findings.--Congress makes the following findings:
       (1) Congress supports the finding on the People's Republic 
     of China articulated in the 2018 National Defense Strategy 
     and the 2017 National Security Strategy.
       (2) The People's Republic of China is leveraging military 
     modernization, influence operations, and predatory economics 
     to coerce neighboring countries to reorder the Indo-Pacific 
     region to the advantage of the People's Republic of China.
       (3) As the People's Republic of China continues its 
     economic and military ascendance, asserting power through a 
     whole of government long-term strategy, the People's Republic 
     of China will continue to pursue a military modernization 
     program that seeks Indo-Pacific regional hegemony in the 
     near-term and displacement of the United States to achieve 
     global preeminence in the future.
       (4) The most far-reaching objective of the defense strategy 
     of the United States is to set the military relationship 
     between the United States and the People's Republic of China 
     on a path toward transparency and nonaggression.
       (5) The People's Republic of China uses economic 
     inducements and penalties, influence operations, and implied 
     military threats to persuade other countries to heed the 
     political and security agenda of the People's Republic of 
     China.
       (6) United States allies and partners are critical to 
     effective competition with the People's Republic of China.
       (b) Statement of Policy.--It is the policy of the United 
     States--
       (1) to expand military, diplomatic, and economic alliances 
     and partnerships in the Indo-Pacific region and with Europe 
     and like-minded countries around the globe that are critical 
     to effective competition with the People's Republic of China; 
     and
       (2) to develop, in collaboration with such allies and 
     partners, a unified approach to addressing and deterring 
     significant diplomatic, economic, and military challenges 
     posed by the People's Republic of China.
                                 ______
                                 
  SA 810. Mr. TOOMEY (for himself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 764 submitted by Mr. 
Inhofe and intended to be proposed 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. EXCLUSION OF IMPOSITION OF DUTIES AND IMPORT 
                   QUOTAS FROM PRESIDENTIAL AUTHORITIES UNDER 
                   INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

       Section 203 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1702) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) The authority granted to the President by this 
     section does not include the authority to impose duties or 
     tariff-rate quotas or (subject to paragraph (2)) other quotas 
     on articles entering the United States.
       ``(2) The limitation under paragraph (1) does not prohibit 
     the President from excluding all articles, or all of a 
     certain type of article, imported from a country from 
     entering the United States.''.
                                 ______
                                 
  SA 811. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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. UNITED STATES PROPORTIONAL FINANCIAL CONTRIBUTIONS 
                   TO THE UNITED NATIONS.

       The financial contributions of the United States to the 
     United Nations shall be proportional to the number of member 
     countries of the United Nations.
                                 ______
                                 
  SA 812. Mr. PAUL 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. UNITED STATES PROPORTIONAL FINANCIAL CONTRIBUTIONS 
                   TO NATO.

       The financial contributions of the United States to the 
     North Atlantic Treaty Organization shall be proportional to 
     the number of member countries of the North Atlantic Treaty 
     Organization.
                                 ______
                                 
  SA 813. Mr. BOOZMAN submitted an amendment intended to be proposed to

[[Page S4185]]

amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 UTILIZATION OF 24TH TACTICAL AIR SUPPORT 
                   SQUADRON.

       (a) In General.--Not later than December 1, 2019, the 
     Secretary of the Air Force shall submit to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on the utilization of the 24th Tactical Air Support 
     Squadron and the sortie allocation to training in close air 
     support.
       (b) Sense of Congress.--Due to limited fighter and bomber 
     aircraft availability, it is the sense of Congress that the 
     Secretary of the Air Force should utilize additional contract 
     close air support in fiscal year 2020 to meet the growing 
     training requirements for Joint Terminal Attack Controllers 
     in the Air Force, including the reserve components.
                                 ______
                                 
  SA 814. Mr. BOOZMAN submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 5211 is amended to read as follows:

     SEC. 5211. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE 
                   SECURE, LOW PROBABILITY OF DETECTION DATA LINK 
                   NETWORK CAPABILITY.

       The text of subsections (a) through (c) of section 211 are 
     hereby deemed to read as follows:
       ``(a) Strategy Required.--Not later than April 1, 2020, the 
     Chief of Staff of the Air Force, the Chief of Naval 
     Operations, and the Chief of Staff of the Army shall jointly 
     submit to the congressional defense committees a joint 
     development and acquisition strategy to procure a secure, low 
     probability of detection data link network capability, with 
     the ability to effectively operate in hostile jamming 
     environments while preserving the low observability 
     characteristics of the relevant platforms, including both 
     existing and planned platforms.
       ``(b) Network Characteristics.--The data link network 
     capability to be procured pursuant to the development and 
     acquisition strategy submitted under subsection (a) shall--
       ``(1) ensure that any network made with such capability 
     will be low risk and affordable, with minimal impact or 
     change to existing host platforms and minimal overall 
     integration costs;
       ``(2) use a non-proprietary and open systems approach 
     compatible with the Rapid Capabilities Office Open Mission 
     Systems initiative of the Air Force and the Future Airborne 
     Capability Environment initiative of the Navy; and
       ``(3) provide for an architecture to connect, with 
     operationally relevant throughput and latency--
       ``(A) fifth-generation combat aircraft;
       ``(B) fifth-generation and fourth-generation combat 
     aircraft;
       ``(C) fifth-generation and fourth-generation combat 
     aircraft and appropriate support aircraft and other network 
     nodes for command, control, communications, intelligence, 
     surveillance, and reconnaissance purposes; and
       ``(D) fifth-generation and fourth-generation combat 
     aircraft and their associated network-enabled precision 
     weapons.
       ``(c) Limitation.--Of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2020 for operations and maintenance for the 
     Office of the Secretary of the Air Force, for operations and 
     maintenance for the Office of the Secretary of the Navy, and 
     for operations and maintenance for the Office of the 
     Secretary of the Army, not more than 75 percent may be 
     obligated or expended until the date that is 15 days after 
     the date on which the Chief of Staff of the Air Force, the 
     Chief of Naval Operations, and the Chief of Staff of the Army 
     submit the development and acquisition strategy required by 
     subsection (a).''.
                                 ______
                                 
  SA 815. Mr. BOOZMAN submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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. ___. FEES ERRONEOUSLY COLLECTED BY DEPARTMENT OF 
                   VETERANS AFFAIRS FOR HOUSING LOANS.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Veterans Affairs offers a Department 
     backed home loan for which veterans are generally required to 
     pay fees to defray the cost of administering the home loan.
       (2) Veterans are exempt from paying the fees if they are 
     entitled to receive disability compensation from the 
     Department of Veterans Affairs.
       (3) Between January 1, 2012, and December 31, 2017, 
     veterans paid fees of more than $286,000,000 in association 
     with Department backed home loans despite being exempt from 
     such fees. Fees paid included $65,800,000 in fees that could 
     have been avoided.
       (4) Of those erroneously paid fees, $189,000,000 in fee 
     refunds are still due to veterans.
       (5) More than 70,000 veterans may have been affected by 
     these erroneously paid fees.
       (b) Refunds of Erroneously Collected Fees.--Section 3729(c) 
     of title 38, United States Code, is amended by adding at the 
     end the following new paragraph:
       ``(3)(A) The Secretary shall develop a process for 
     determining whether a fee has been collected under this 
     section from a veteran described in paragraph (1).
       ``(B) If the Secretary determines that a fee was collected 
     under this section from an veteran described in paragraph 
     (1), the Secretary pay to such veteran an amount equal to the 
     amount of the fee collected.
       ``(C) Notwithstanding any other provision of law, a payment 
     under this paragraph shall not be subject to Federal, State, 
     or other tax liability or reporting requirement.
       ``(D) A payment under subparagraph (B) shall be made 
     directly to a veteran, notwithstanding any current loan 
     balance of the veteran or the manner in which the fee was 
     originally collected.
       ``(4)(A) The Secretary shall develop an automated process 
     for refunding fees under paragraph (3)(B).
       ``(B) For any individual identified under the process 
     developed under subparagraph (A), the Secretary shall process 
     the refund without requiring further request.''.
       (c) Plan to Identify Individuals Who Were Erroneously 
     Charged Fees.--
       (1) Erroneous charges january 1, 2012, to december 31, 
     2017.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a plan to identify veterans 
     described in subsection (c)(1) of section 3729 of title 38, 
     United States Code, from whom a fee was collected under such 
     section during the period beginning on January 1, 2012, and 
     ending on December 31, 2017.
       (B) Contents.--The plan submitted under paragraph (1) shall 
     include the following:
       (i) The number of veterans who may be due a refund of the 
     fee.
       (ii) A timeline for the refunding of fees.
       (2) Erroneous charges before january 1, 2012.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a plan to identify veterans 
     described in subsection (c)(1) of section 3729 of title 38, 
     United States Code, from whom a fee was collected under such 
     section before January 1, 2012.
       (B) Contents.--The plan submitted under paragraph (1) shall 
     include the following:
       (i) The number of veterans who may be due a refund of the 
     fee.
       (ii) A timeline for the refunding of fees.
       (d) Plan to Process Refunds.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary shall 
     develop a plan to process refunds of fees that were collected 
     under section 3729 of title 38, United States Code, from 
     individuals described in subsection (c)(1) of such section.
       (e) Annual Report on Refunds.--
       (1) In general.--Not less frequently than once each year, 
     the Secretary shall submit to Congress an annual report on 
     refunds of fees collected under section 3729 of title 38, 
     United States Code.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include, for the period covered by the report:
       (A) The number of fees collected under such section that 
     were refunded and applied to a home loan balance.
       (B) The number of such refunds for which the Secretary 
     received documentation of the application of a refund to a 
     home loan balance.
       (f) Accuracy of Certificates of Eligibility.--
       (1) In general.--The Secretary shall update such policies 
     as may be necessary to ensure that certificates of 
     eligibility are accurate at the time they are used for the 
     purposes of determining eligibility for housing loans 
     guaranteed, insured, or made under chapter 37 of title 38, 
     United States Code, and for pursues of determining 
     eligibility for exemption from the collection of fees under 
     section 3729 of such title.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the solution developed under paragraph (1).
       (g) Audit Plan.--
       (1) Plan required.--The Secretary shall develop a plan to 
     audit the Department on an annual basis to determine the rate 
     at which fees are erroneously collected under section 3729 of 
     title 38, United States Code.

[[Page S4186]]

       (2) Reports.--Not later than 60 days after the completion 
     of any audit conducted pursuant to the plan developed under 
     paragraph (1), the Secretary shall submit to Congress a 
     report on the findings of the Secretary with respect to the 
     audit.
                                 ______
                                 
  SA 816. 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, insert the following:

     SEC. ____. DEFINITION OF EMPLOYER UNDER NATIONAL LABOR 
                   RELATIONS ACT.

       Section 2 of the National Labor Relations Act (29 U.S.C. 
     152) is amended--
       (1) in paragraph (2), by inserting ``or any Indian Tribe, 
     or any enterprise or institution owned and operated by an 
     Indian Tribe and located on its Indian lands,'' after 
     ``subdivision thereof,''; and
       (2) by adding at the end the following:
       ``(15) The term `Indian Tribe' means any Indian Tribe, 
     band, nation, pueblo, or other organized group or community 
     which is recognized as eligible for the special programs and 
     services provided by the United States to Indians because of 
     their status as Indians.
       ``(16) The term `Indian' means any individual who is a 
     member of an Indian Tribe.
       ``(17) The term `Indian lands' means--
       ``(A) all lands within the limits of any Indian 
     reservation;
       ``(B) any lands title to which is either held in trust by 
     the United States for the benefit of any Indian Tribe or 
     Indian or held by any Indian Tribe or Indian subject to 
     restriction by the United States against alienation; and
       ``(C) any lands in the State of Oklahoma that are within 
     the boundaries of a former reservation (as defined by the 
     Secretary of the Interior) of a federally recognized Indian 
     Tribe.''.
                                 ______
                                 
  SA 817. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 1025.
                                 ______
                                 
  SA 818. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 1025 and insert the following:

     SEC. 1025. SENSE OF SENATE ON TRANSFER OF INDIVIDUALS 
                   DETAINED AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA, TO THE UNITED STATES 
                   TEMPORARILY FOR EMERGENCY OR CRITICAL MEDICAL 
                   TREATMENT.

       (a) In General.--It is the sense of the Senate that the 
     Secretary of Defense could temporarily transfer an individual 
     detained at Guantanamo to a Department of Defense medical 
     facility in the United States for the sole purpose of 
     providing the individual medical treatment if the Secretary 
     determines that--
       (1) the medical treatment of the individual is necessary to 
     prevent death or imminent significant injury or harm to the 
     health of the individual;
       (2) the necessary medical treatment is not available to be 
     provided at United States Naval Station, Guantanamo Bay, 
     Cuba, without incurring excessive and unreasonable costs; and
       (3) the Department of Defense has provided for appropriate 
     security measures for the custody and control of the 
     individual during any period in which the individual is 
     temporarily in the United States pursuant to such transfer.
       (b) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     an individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (1) is not a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)) or a member of the Armed Forces of the 
     United States; and
       (2) is--
       (A) in the custody or under the control of the Department 
     of Defense; or
       (B) otherwise detained at United States Naval Station, 
     Guantanamo Bay.
                                 ______
                                 
  SA 819. 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:

       At the end of subtitle C of title II, add the following:

     SEC. ___. REDESIGNATION OF THE COMMANDANT OF THE UNITED 
                   STATES AIR FORCE INSTITUTE OF TECHNOLOGY AS THE 
                   DIRECTOR AND CHANCELLOR OF THE UNITED STATES 
                   AIR FORCE INSTITUTE OF TECHNOLOGY.

       (a) In General.--Section 9414b of title 10, United States 
     Code, is amended by striking ``Commandant'' each place it 
     appears and inserting ``Director and Chancellor''.
       (b) References.--Any references in any law, regulations, 
     map, document, paper or other record of the United States to 
     the Commandant of the United States Air Force Institute of 
     Technology shall be deemed to be reference to the Director 
     and Chancellor of the United States Air Force Institute of 
     Technology.
                                 ______
                                 
  SA 820. Mr. PETERS submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 and 
     leadership'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on the Judiciary, the 
     Committee on Armed Services, the Select Committee on 
     Intelligence, the Committee on Foreign Relations, the 
     majority leader, and the minority leader of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives, the Committee on the Judiciary, the 
     Committee on Armed Services, the Permanent Select Committee 
     on Intelligence, the Committee on Foreign Affairs, the 
     Speaker, and the minority leader 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, as coordinated and facilitated 
     by the Secretary, may identify and partner with cybersecurity 
     organizations capable of enabling information sharing of 
     cybersecurity threats among cybersecurity providers in order 
     to coordinate and magnify Federal and non-Federal efforts to 
     prevent or disrupt cybersecurity threats or malicious cyber 
     actors, by, as appropriate--
       (1) sharing information relating to potential actions by 
     the Federal Government against cybersecurity threats or 
     malicious cyber actors with non-Federal entities; and
       (2) facilitating coordination between the appropriate 
     Federal agencies and non-Federal entities relating to 
     cybersecurity threats or malicious cyber actors.

[[Page S4187]]

       (c) Participation.--
       (1) In general.--The heads of other Federal departments and 
     agencies may choose to participate in the pilot program on a 
     voluntary basis.
       (2) Impact on other information sharing arrangements.--
     Implementation of the pilot program shall not adversely 
     impact the operations of the Federal cyber security centers 
     or any other information sharing arrangements between a 
     Federal department or agency and a private sector entity 
     entered into before or after the date of enactment of this 
     Act.
       (d) Federal Coordination.--The Secretary shall facilitate 
     all Federal coordination, planning, and action relating to 
     the pilot program.
       (e) Annual Reports to Appropriate Congressional Committees 
     and Leadership.--
       (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 and leadership 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 821. 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. ___. ADDITIONAL AMOUNT FOR ACQUISITION OF A TRANSMISSION 
                   ELECTRON MICROSCOPE.

       (a) Additional Amount.--
       (1) 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 
     $5,000,000, with the amount of the increase to be available 
     for Defense Research Sciences (PE 0601102A).
       (2) Availability.--The amount available under paragraph (1) 
     shall be available for transmission electron microscopy 
     equipment and research to support the following:
       (A) Advanced analyses of materials for biomedical research.
       (B) Micro- and nano-electronics research.
       (C) Advanced manufacturing and materials research and 
     development.
       (D) Superconductivity research.
       (E) For such other matters as the Secretary of Defense 
     considers appropriate.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2020 by section 201 for research, development, 
     test, and evaluation is hereby decreased by $5,000,000, with 
     the amount of the decrease to be taken from amounts made 
     available for Future Advanced Weapon Analysis & Programs (PE 
     0604200F).
                                 ______
                                 
  SA 822. Mr. JOHNSON submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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. ___. REPORTING REQUIREMENT.

       (a) In General.--Section 7131 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(e)(1)(A) Not later than March 31 of each calendar year, 
     the Office of Personnel Management, in consultation with the 
     Office of Management and Budget, shall submit to each House 
     of Congress a report on the operation of this section during 
     the fiscal year last ending before the start of such calendar 
     year.
       ``(B) Not later than December 31 of each calendar year, 
     each agency (as defined by section 7103(a)(3)) shall furnish 
     to the Office of Personnel Management the information which 
     such Office requires, with respect to such agency, for 
     purposes of the report which is next due under subparagraph 
     (A).
       ``(2) Each report by the Office of Personnel Management 
     under this subsection shall include, with respect to the 
     fiscal year described in paragraph (1)(A), at least the 
     following information:
       ``(A) The total amount of official time granted to 
     employees.
       ``(B) The average amount of official time expended per 
     bargaining unit employee.
       ``(C) The specific types of activities or purposes for 
     which official time was granted, and the impact which the 
     granting of such official time for such activities or 
     purposes had on agency operations.
       ``(D) The total number of employees to whom official time 
     was granted, and, of that total, the number who were not 
     engaged in any activities or purposes except activities or 
     purposes involving the use of official time.
       ``(E) The total amount of compensation (including fringe 
     benefits) afforded to employees in connection with activities 
     or purposes for which they were granted official time.
       ``(F) The total amount of official time spent by employees 
     representing Federal employees who are not union members in 
     matters authorized by this chapter.
       ``(G) A description of any room or space designated at the 
     agency (or its subcomponent) where official time activities 
     will be conducted, including the square footage of any such 
     room or space.
       ``(3) All information included in a report by the Office of 
     Personnel Management under this subsection with respect to a 
     fiscal year--
       ``(A) shall be shown both agency-by-agency and for all 
     agencies; and
       ``(B) shall be accompanied by the corresponding information 
     (submitted by the Office in its report under this subsection) 
     for the fiscal year before the fiscal year to which such 
     report pertains, together with appropriate comparisons and 
     analyses.
       ``(4) For purposes of this subsection, the term `official 
     time' means any period of time, regardless of agency 
     nomenclature--
       ``(A) which may be granted to an employee under this 
     chapter (including a collective bargaining agreement entered 
     into under this chapter) to perform representational or 
     consultative functions; and
       ``(B) during which the employee would otherwise be in a 
     duty status.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective beginning with the report which, under the 
     provisions of such amendment, is first required to be 
     submitted by the Office of Personnel Management to each House 
     of Congress by a date which occurs at least 6 months after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 823. Mr. JOHNSON submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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. AMENDMENTS TO THE SOAR ACT.

       (a) Short Title.--This section may be cited as the ``SOAR 
     Reauthorization Act of 2019''.
       (b) Amendments to SOAR.--The Scholarships for Opportunity 
     and Results Act (division C of Public Law 112-10) is 
     amended--
       (1) in section 3007 (sec. 38-1853.07 D.C. Official Code)--
       (A) by striking subsection (c) and redesignating subsection 
     (d) as subsection (c);
       (B) in subsection (b)--
       (i) in the subsection heading, by striking ``and Parental 
     Assistance'' and inserting ``, Parental Assistance, and 
     Student Academic Assistance'';
       (ii) in the matter preceding clause (i), by striking 
     ``$2,000,000'' and inserting ``$2,200,000''; and
       (iii) by adding at the end the following:
       ``(3) The expenses of providing tutoring service to 
     participating eligible students that need additional academic 
     assistance. If there are insufficient funds to provide 
     tutoring services to all such students in a year, the 
     eligible entity shall give priority in such

[[Page S4188]]

     year to students who previously attended an elementary school 
     or secondary school identified as one of the lowest-
     performing schools under the District of Columbia's 
     accountability system.''; and
       (C) in subsection (c), as redesignated by subparagraph 
     (A)--
       (i) in paragraph (2)(B), by striking ``subsections (b) and 
     (c)'' and inserting ``subsection (b)''; and
       (ii) in paragraph (3), by striking ``subsections (b) and 
     (c)'' and inserting ``subsection (b)'';
       (2) in section 3008(h) (sec. 38-1853.08 D.C. Official 
     Code)--
       (A) in paragraph (1), by striking ``section 
     3009(a)(2)(A)(i)'' and inserting ``section 3009(a)'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) The Institute of Education Sciences may administer 
     assessments to students participating in the evaluation under 
     section 3009(a) for the purpose of conducting the evaluation 
     under such section.''; and
       (C) in paragraph (3), by striking ``the nationally norm-
     referenced standardized test described in paragraph (2)'' and 
     inserting ``a nationally norm-referenced standardized test'';
       (3) in section 3009(a) (sec. 38-1853.09 D.C. Official 
     Code)--
       (A) in paragraph (1)(A), by striking ``annually'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) is rigorous; and''; and
       (ii) in subparagraph (B), by striking ``impact of the 
     program'' and all that follows through the end of the 
     subparagraph and inserting ``impact of the program on 
     academic achievement and educational attainment.'';
       (C) in paragraph (3)--
       (i) in the paragraph heading, by striking ``on education'' 
     and inserting ``of education'';
       (ii) in subparagraph (A)--

       (I) by inserting ``the academic progress of'' after 
     ``assess''; and
       (II) by striking ``in each of grades 3'' and all that 
     follows through the end of the subparagraph and inserting ``; 
     and'';

       (iii) by striking subparagraph (B); and
       (iv) by redesignating subparagraph (C) as subparagraph (B); 
     and
       (D) in paragraph (4)--
       (i) in subparagraph (A), by striking ``A comparison of the 
     academic achievement of participating eligible students who 
     use an opportunity scholarship on the measurements described 
     in paragraph (3)(B) to the academic achievement'' and 
     inserting ``The academic progress of participating eligible 
     students who use an opportunity scholarship compared to the 
     academic progress'';
       (ii) in subparagraph (B), by striking ``increasing the 
     satisfaction of such parents and students with their choice'' 
     and inserting ``those parents' and students' satisfaction 
     with the program''; and
       (iii) by striking subparagraph (D) through (F) and 
     inserting the following:
       ``(D) The high school graduation rates, college enrollment 
     rates, college persistence rates, and college graduation 
     rates of participating eligible students who use an 
     opportunity scholarship compared with the rates of public 
     school students described in subparagraph (A), to the extent 
     practicable.
       ``(E) The college enrollment rates, college persistence 
     rates, and college graduation rates of students who 
     participated in the program as the result of winning the 
     Opportunity Scholarship Program lottery compared to the 
     enrollment, persistence, and graduation rates for students 
     who entered but did not win such lottery and who, as a 
     result, served as the control group for previous evaluations 
     of the program under this division. Nothing in this 
     subparagraph may be construed to waive section 
     3004(a)(3)(A)(iii) with respect to any such student.
       ``(F) The safety of the schools attended by participating 
     eligible students who use an opportunity scholarship compared 
     with the schools in the District of Columbia attended by 
     public school students described in subparagraph (A), to the 
     extent practicable.''; and
       (4) in section 3014(a) (sec. 38-1853.14, D.C. Official 
     Code), by striking ``fiscal year 2019'' and inserting 
     ``fiscal year 2024''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall take effect on September 30, 2019.
                                 ______
                                 
  SA 824. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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. ___. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.

       (a) In General.--In acquiring geospatial-intelligence, the 
     Secretary of Defense shall 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 part of an 
     analysis of alternatives for the future acquisition of 
     Department of Defense space systems for geospatial-
     intelligence, shall--
       (1) consider whether there is a suitable, cost-effective, 
     commercial capability available that can meet any or all of 
     the Department's requirements;
       (2) if a suitable, cost-effective, commercial capability is 
     available as described in paragraph (1), determine whether it 
     is in the national interest to develop a governmental space 
     system; and
       (3) include, as part of the established acquisition 
     reporting requirements to the appropriate committees of 
     Congress, 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) the congressional defense committees;
       (2) the Select Committee on Intelligence of the Senate; and
       (3) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
                                 ______
                                 
  SA 825. Mr. CORNYN (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 D of title III, add the following:

     SEC. 342. REPORT ON EFFECT OF WIND TURBINE PROJECTS ON 
                   SAFETY, TRAINING, AND READINESS OF AIR FORCE 
                   PILOTS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Air Force shall submit to the 
     congressional defense committees a report on the cumulative 
     effect of wind turbine projects on the safety, training, and 
     readiness of Air Force pilots.
                                 ______
                                 
  SA 826. Mr. TILLIS (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:

       At the end of subtitle H of title X, add the following:

     SEC. 1086. SENSE OF CONGRESS REGARDING AGREEMENT BETWEEN THE 
                   AMERICAN BATTLE MONUMENTS COMMISSION AND THE 
                   GOVERNMENT OF BELGIUM BY WHICH THE COMMISSION 
                   WOULD ACQUIRE, RESTORE, OPERATE, AND MAINTAIN 
                   THE MARDASSON MEMORIAL IN BASTOGNE, BELGIUM.

       (a) Findings.--Congress make the following findings:
       (1) The Battle of the Bulge was the largest land battle of 
     World War II in which the United States fought, yielded more 
     than 75,000 American casualties over the winter of 1944-1945, 
     and stopped the final German offensive on the Western Front.
       (2) The Battle of the Bulge is the second largest battle 
     fought in the history of the United States Army.
       (3) Following the war, Belgian groups raised funds to 
     construct the Mardasson Memorial in Bastogne, Belgium, to 
     honor Americans killed, wounded, and missing in action during 
     the Battle of the Bulge.
       (4) The Mardasson Memorial, inaugurated in 1950, is a five-
     pointed American star with the history of the battle, the 
     names of the units that fought, and the names of the States 
     engraved in gold letters throughout.
       (5) The Mardasson Memorial, owned and maintained by the 
     Government of Belgium, and the only memorial to the United 
     States effort during the Battle of the Bulge, is in need of 
     extensive repair to restore it to a condition commensurate to 
     the service and sacrifice it honors.
       (b) Sense of Congress.--It is the sense of Congress to 
     support an agreement between the American Battle Monument 
     Commission (hereinafter referred to as ``ABMC'') and the 
     Government of Belgium--
       (1) under the monument maintenance program of the ABMC, and 
     subject to the requirements of such program, by which the 
     ABMC would use its expertise and presence in Europe to 
     oversee restoration of the Mardasson Memorial in preparation 
     for the 75th anniversary of the Battle of the Bulge; and
       (2) under the monument trust fund program of the ABMC, and 
     subject to the requirements of such program, by which the 
     ABMC assumes ownership and responsibility for the Mardasson 
     Memorial, ensuring that the Memorial stands for decades to 
     come, honoring American service and sacrifice, and inspiring 
     future generations.
                                 ______
                                 
  SA 827. Mr. HAWLEY submitted an amendment intended to be proposed to

[[Page S4189]]

amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 IMPROVEMENTS TO DETERRENCE EFFORTS WITH 
                   RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA AND 
                   THE RUSSIAN FEDERATION.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with Commander of the United States Indo-Pacific 
     Command and the Commander of the United States European 
     Command, shall submit to the congressional defense committees 
     a report detailing efforts of the Department of Defense to 
     improve the ability of the United States Armed Forces to 
     conduct combined joint operations--
       (1) to deny the ability of the People's Republic of China 
     to execute a fait accompli against Taiwan; and
       (2) 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 United States Armed Forces to conduct 
     combined joint operations to achieve the objectives described 
     in paragraphs (1) and (2) of that subsection.
       (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 or the Russian Federation uses force to 
     rapidly seize territory and subsequently threatens further 
     escalation, potentially including the use of nuclear weapons, 
     to deter an effective response by the United States Armed 
     Forces through combined joint operations.
                                 ______
                                 
  SA 828. 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 appropriate place, insert the following:

     SEC. ___. ILLEGAL BORDER CROSSINGS.

       (a) Findings.--Congress finds the following:
       (1) During the first 5 months of May 2019, the United 
     States Border Patrol has apprehended more than 593,000 people 
     ilegally crossing the southern border of the United States, 
     which represents more apprehension than in all of 2018.
       (2) In May 2019, 132,887 people were apprehended by the 
     United States Border Patrol, of whom more than 96,000 were 
     part of family units or unaccompanied minors.
       (3) This recent surge in illegal border crossings--
       (A) has placed an unprecedented strain on the resources of 
     the Department of Homeland Security, which has responded by 
     directing U.S. Customs and Border Patrol resources away from 
     legal ports of entry; and
       (B) exceeds the capacity of the Department of Health and 
     Human Services, which is responsible for the care of 
     unaccompanied children who are apprehended at the border.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the recent surge of illegal border crossings--
       (A) is a national security threat; and
       (B) has put significant strain on the departments and 
     agencies that are responsible for securing the border, 
     implementing our Nation's immigration laws, and providing 
     temporary housing for the people who are awaiting removal 
     proceedings; and
       (2) the recent increase in apprehensions along the southern 
     border, coupled with the lack of sufficient resources at the 
     Department of Homeland Security and the Department of Health 
     and Human Services will further exacerbate this humanitarian 
     crisis.
                                 ______
                                 
  SA 829. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 I of subtitle F of title V, add the 
     following:

     SEC. 5__. PILOT PROGRAM ON EDUCATION SAVINGS ACCOUNTS FOR 
                   MILITARY DEPENDENT CHILDREN.

       (a) In General.--From amounts made available under 
     subsection (k), the Secretary shall carry out a pilot program 
     under which the Secretary shall establish education savings 
     accounts for eligible military students to enable such 
     students to attend public or private elementary schools or 
     secondary schools selected by the students' parents.
       (b) Duration.--The pilot program under this section shall 
     begin with the first school year that begins after the date 
     of enactment of this section and shall terminate at the end 
     of the fifth school year that begins after such date of 
     enactment.
       (c) Scope of Program.--The Secretary shall select one 
     military installation to participate in the pilot program 
     under this section. In making such selection, the Secretary 
     shall choose a military installation at which eligible 
     military students will derive the greatest benefit from 
     expanded educational options, as determined by the Secretary.
       (d) Deposits.--
       (1) In general.--The Secretary shall deposit funds in the 
     amount specified in paragraph (2) into each education savings 
     account established on behalf of an eligible military student 
     under this section.
       (2) Amount of deposit.--
       (A) In general.--The amount deposited into each education 
     savings account awarded to an eligible military student shall 
     be $6,000 for each school year.
       (B) Adjustment for inflation.--For each school year after 
     the first full school year of the program, the amount 
     specified in subparagraph (A) shall be adjusted to reflect 
     changes for the 12-month period ending the preceding June in 
     the Chained Consumer Price Index for All Urban Consumers 
     published by the Bureau of Labor Statistics of the Department 
     of Labor.
       (e) Eligible Uses of Funds.--Funds deposited into an 
     education savings account under this section for a school 
     year may be used by the parent of an eligible military 
     student to make payments to a qualified educational service 
     provider that is approved by the Secretary under subsection 
     (f) for--
       (1) costs of attendance at a private elementary school or 
     secondary school recognized by the State, which may include a 
     private school that has a religious mission;
       (2) private online programs;
       (3) private tutoring;
       (4) services provided by a public elementary school or 
     secondary school attended by the child on a less than full-
     time basis, including individual classes and extracurricular 
     activities and programs;
       (5) textbooks, curriculum programs, or other instructional 
     materials, including any supplemental materials required by a 
     curriculum program, private school, private online learning 
     program, or a public school, or any parent directed 
     curriculum associated with kindergarten through grade 12 
     education;
       (6) educational services and therapies, including 
     occupational, behavioral, physical, speech-language, and 
     audiology therapies; or
       (7) any other educational expenses approved by the 
     Secretary.
       (f) Requirements For Qualified Educational Service 
     Providers.--The Secretary shall establish and maintain a 
     registry of qualified educational service providers that are 
     approved to receive payments from an education savings 
     account established under this section. The Secretary shall 
     approve a qualified educational service provider to receive 
     such payments if the provider demonstrates to the Secretary 
     that it is licensed in the State in which it operates to 
     provide one or more of the services for which funds may be 
     expended under subsection (e).
       (g) Participation in Online Market Place.--As a condition 
     of receiving funds from an education savings account, a 
     qualified educational service provider shall make its 
     services available for purchase through the online 
     marketplace described in subsection (h).
       (h) Online Marketplace.--The Secretary shall seek to enter 
     into a contract with a private-sector entity under which the 
     entity shall--
       (1) establish and operate an online marketplace that 
     enables the holder of an education savings account to make 
     direct purchases from qualified educational service providers 
     using funds from such account;
       (2) ensure that each qualified educational service provider 
     on the registry maintained by the Secretary under subsection 
     (f) has made its services available for purchase through the 
     online marketplace;
       (3) ensure that all purchases made through the online 
     marketplace are for services that are allowable uses of funds 
     under this section; and
       (4) develop and make available a standardized expense 
     report form, in electronic and hard copy formats, to be used 
     by parents for reporting expenses.
       (i) Imposition of Additional Requirements.--No Federal 
     requirements shall apply to a qualified educational service 
     provider other than the requirements specifically set forth 
     in this section. Nothing in this section shall be construed 
     to require a qualified educational service provider to alter 
     its creed, practices, admissions policy, or curriculum in 
     order to be eligible to receive payments from an education 
     savings account.
       (j) Reports.--
       (1) Annual reports.--Not later than July 30 of the first 
     year of the pilot program, and

[[Page S4190]]

     each subsequent year through the year in which the final 
     report is submitted under paragraph (2), the Secretary shall 
     prepare and submit to Congress an interim report on the 
     accounts awarded under the pilot program under this section 
     that includes the content described in paragraph (3) for the 
     applicable school year of the report.
       (2) Final report.--Not later than 90 days after the end of 
     the pilot program under this section, the Secretary shall 
     prepare and submit to Congress a report on the accounts 
     awarded under the pilot program that includes the content 
     described in paragraph (3) for each school year of the 
     program.
       (3) Content.--Each report under paragraphs (1) and (2) 
     shall identify--
       (A) the number of applicants for education savings accounts 
     under this section;
       (B) the number of elementary school students receiving 
     education savings accounts under this section and the number 
     of secondary school students receiving such savings accounts;
       (C) the results of a survey, conducted by the Secretary, 
     regarding parental satisfaction with the education savings 
     account program under this section; and
       (D) any other information the Secretary determines to be 
     necessary to evaluate the effectiveness of the program.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     each of fiscal years 2020 through 2024.
       (l) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``child'', ``elementary 
     school'', and ``secondary school'' have the meanings given 
     the terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Eligible military student.--The term ``eligible 
     military student'' means a child who--
       (A) is a military dependent student;
       (B) lives on the military installation selected to 
     participate in the program under this section; and
       (C) chooses to attend a participating school or purchase 
     other approved education services, rather than attending the 
     school otherwise assigned to the child.
       (3) Military dependent students.--The term ``military 
     dependent students'' has the meaning given the term in 
     section 572(e) of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b(e)).
       (4) Qualified educational service provider.--The term 
     ``qualified educational service provider'' means an entity or 
     person that is licensed by a State to provide one or more of 
     the educational services for which funds may be expended 
     under subsection (e), including--
       (A) a private school;
       (B) a nonpublic online learning program or course provider;
       (C) a State institution of higher education, which may 
     include a community college or a technical college;
       (D) a public school;
       (E) a private tutor or entity that operates a tutoring 
     facility;
       (F) a provider of educational materials or curriculum;
       (G) a provider of education-related therapies or services; 
     or
       (H) any other provider of educational services licensed by 
     a State to provide such services.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
                                 ______
                                 
  SA 830. Ms. HARRIS submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 USE OF ROUTINE NEUROIMAGING MODALITIES IN 
                   DIAGNOSIS, TREATMENT, AND PREVENTION OF BRAIN 
                   INJURY DUE TO BLAST PRESSURE EXPOSURE DURING 
                   COMBAT AND TRAINING.

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the feasibility and effectiveness of the use of 
     routine neuroimaging modalities in the diagnosis, treatment, 
     and prevention of brain injury among members of the Armed 
     Forces due to one or more blast pressure exposures during 
     combat and training.
       (b) Reports.--
       (1) Interim 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 an interim report on the methods and 
     action plan for the study under subsection (a).
       (2) Final report.--Not later than two years after the date 
     on which the Secretary begins the study under subsection (a), 
     the Secretary shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the results of such study.
                                 ______
                                 
  SA 831. Ms. HARRIS submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 XXX, add the following:

     SEC. 3022. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO 
                   PRIVATIZED MILITARY HOUSING AND TREATMENT AS 
                   MATERIAL BREACH.

       (a) In General.--Subchapter IV of chapter 169 of title 10, 
     United States Code, is amended by inserting after section 
     2890 the following new section:

     ``Sec. 2890a. Investigation of reports of reprisals and 
       treatment as material breach

       ``(a) In General.--The Chief Housing Officer designated 
     under section 2872b of this title, in coordination with the 
     Secretary of the military department concerned, shall 
     investigate all reports of reprisal against a member of the 
     armed forces for reporting an issue relating to a housing 
     unit under this subchapter.
       ``(b) Material Breach.--If the Chief Housing Officer, in 
     coordination with the Secretary of the military department 
     concerned, determines under subsection (a) that a landlord 
     has retaliated against a member of the armed forces for 
     reporting an issue relating to a housing unit under this 
     subchapter, the landlord shall be deemed to have committed a 
     material breach of the contract of the landlord for purposes 
     of section 2874b(1) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2890 the following new item:

``2890a. Investigation of reports of reprisals and treatment as 
              material breach.''.
                                 ______
                                 
  SA 832. Ms. MURKOWSKI (for herself and Mr. Blumenthal) 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. _____. JUSTICE FOR SERVICEMEMBERS.

       (a) Short Title.--This section may be cited as the 
     ``Justice for Servicemembers Act''.
       (b) Purposes.--The purposes of this section are--
       (1) to prohibit predispute arbitration agreements that 
     force arbitration of disputes arising from claims brought 
     under chapter 43 of title 38, United States Code, and the 
     Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.); and
       (2) to prohibit agreements and practices that interfere 
     with the right of persons to participate in a joint, class, 
     or collective action related to disputes arising from claims 
     brought under the provisions of the laws described in 
     paragraph (1).
       (c) Arbitration of Disputes Involving the Rights of 
     Servicemembers and Veterans.--
       (1) In general.--Title 9, United States Code, is amended by 
     adding at the end the following:

     ``CHAPTER 4--ARBITRATION OF SERVICEMEMBER AND VETERAN DISPUTES

``Sec.
``401. Definitions.
``402. No validity or enforceability.

     ``Sec. 401. Definitions

       ``In this chapter--
       ``(1) the term `predispute arbitration agreement' means an 
     agreement to arbitrate a dispute that has not yet arisen at 
     the time of the making of the agreement; and
       ``(2) the term `predispute joint-action waiver' means an 
     agreement, whether or not part of a predispute arbitration 
     agreement, that would prohibit, or waive the right of, one of 
     the parties to the agreement to participate in a joint, 
     class, or collective action in a judicial, arbitral, 
     administrative, or other forum, concerning a dispute that has 
     not yet arisen at the time of the making of the agreement.

     ``Sec. 402. No validity or enforceability

       ``(a) In General.--Notwithstanding any other provision of 
     this title, no predispute arbitration agreement or predispute 
     joint-action waiver shall be valid or enforceable with 
     respect to a dispute relating to disputes arising under 
     chapter 43 of title 38 or the Servicemembers Civil Relief Act 
     (50 U.S.C. 3901 et seq.).
       ``(b) Applicability.--
       ``(1) In general.--An issue as to whether this chapter 
     applies with respect to a dispute shall be determined under 
     Federal law. The applicability of this chapter to an 
     agreement to arbitrate and the validity and enforceability of 
     an agreement to which this chapter applies shall be 
     determined by a court,

[[Page S4191]]

     rather than an arbitrator, irrespective of whether the party 
     resisting arbitration challenges the arbitration agreement 
     specifically or in conjunction with other terms of the 
     contract containing such agreement, and irrespective of 
     whether the agreement purports to delegate such 
     determinations to an arbitrator.
       ``(2) Collective bargaining agreements.--Nothing in this 
     chapter shall apply to any arbitration provision in a 
     contract between an employer and a labor organization or 
     between labor organizations, except that no such arbitration 
     provision shall have the effect of waiving the right of a 
     worker to seek judicial enforcement of a right arising under 
     a provision of the Constitution of the United States, a State 
     constitution, or a Federal or State statute, or public policy 
     arising therefrom.''.
       (2) Technical and conforming amendments.--
       (A) In general.--Title 9 of the United States Code is 
     amended--
       (i) in section 1 by striking ``of seamen,'' and all that 
     follows through ``interstate commerce'' and inserting 
     ``persons and causes of action under chapter 43 of title 38 
     or the Servicemembers Civil Relief Act (50 U.S.C. 3901 et 
     seq.)'';
       (ii) in section 2 by inserting ``or as otherwise provided 
     in chapter 4'' before the period at the end;
       (iii) in section 208--

       (I) in the section heading, by striking ``Chapter 1; 
     residual application'' and inserting ``Application''; and
       (II) by adding at the end the following: ``This chapter 
     applies to the extent that this chapter is not in conflict 
     with chapter 4.''; and

       (iv) in section 307--

       (I) in the section heading, by striking ``Chapter 1; 
     residual application'' and inserting ``Application''; and
       (II) by adding at the end the following: ``This chapter 
     applies to the extent that this chapter is not in conflict 
     with chapter 4.''.

       (B) Table of sections.--
       (i) Chapter 2.--The table of sections for chapter 2 of 
     title 9, United States Code, is amended by striking the item 
     relating to section 208 and inserting the following:

``208. Application.''.

       (ii) Chapter 3.--The table of sections for chapter 3 of 
     title 9, United States Code, is amended by striking the item 
     relating to section 307 and inserting the following:

``307. Application.''.

       (C) Table of chapters.--The table of chapters of title 9, 
     United States Code, is amended by adding at the end the 
     following:

``4. Arbitration of servicemember and veteran disputes.......401''.....

       (d) Limitation on Waiver of Rights and Protections Under 
     Servicemembers Civil Relief Act.--
       (1) Amendments.--Section 107(a) of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3918(a)) is amended--
       (A) in the second sentence, by inserting ``and if it is 
     made after a specific dispute has arisen and the dispute is 
     identified in the waiver'' before the period at the end; and
       (B) in the third sentence by inserting ``and if it is made 
     after a specific dispute has arisen and the dispute is 
     identified in the waiver'' before the period at the end.
       (2) Application of amendments.--The amendments made by 
     paragraph (1) shall apply with respect to waivers made on or 
     after the date of the enactment of this Act.
       (e) Applicability.--This section, and the amendments made 
     by this section, shall apply with respect to any dispute or 
     claim that arises or accrues on or after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 833. 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 H of title V, add the following:

     SEC. 594. PILOT PROGRAM ON DIGITAL ENGINEERING FOR THE JUNIOR 
                   RESERVE OFFICERS' TRAINING CORPS.

       (a) Pilot Program.--The Secretary of Defense may carry out 
     a pilot program in accordance with this section to assess the 
     feasibility and advisability of activities to enhance the 
     preparation of students in the Junior Reserve Officers' 
     Training Corps for careers in digital engineering.
       (b) Coordination.--In carrying out the pilot program, the 
     Secretary of Defense may coordinate with the following:
       (1) The Secretary of Education.
       (2) The National Science Foundation.
       (3) The heads of such other Federal, State, and local 
     government entities as the Secretary of Defense considers 
     appropriate.
       (4) Such private sector organizations as the Secretary of 
     Defense considers appropriate.
       (c) Activities.--Activities under the pilot program may 
     include the following:
       (1) Establishment of targeted internships and cooperative 
     research opportunities in digital engineering at defense 
     laboratories, test ranges, and other organizations for 
     students in and instructors of the Junior Reserve Officers' 
     Training Corps.
       (2) Support for training and other support for instructors 
     to improve digital engineering education activities relevant 
     to Junior Reserve Officers' Training Corps programs and 
     students.
       (3) Efforts and activities that improve the quality of 
     digital engineering education, training opportunities, and 
     curricula for students and instructors.
       (4) Development of professional development opportunities, 
     demonstrations, mentoring programs, and informal education 
     for students and instructors.
       (d) Metrics.--The Secretary of Defense shall establish 
     outcome-based metrics and internal and external assessments 
     to evaluate the merits and benefits of activities conducted 
     under the pilot program with respect to the needs of the 
     Department of Defense.
       (e) Authorities.--In carrying out the pilot program, the 
     Secretary of Defense may use the authorities under chapter 
     111 and sections 2363, 2605, and 2374a of title 10, United 
     States Code, and such other authorities the Secretary 
     considers appropriate.
       (f) Report.--Not later than two years 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 any activities carried 
     out under the pilot program.
                                 ______
                                 
  SA 834. Mr. PETERS (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 appropriate place, insert the following:

     SEC. ___. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

       (a) Short Title.--This section may be cited as the 
     ``Securing America's Ports of Entry Act of 2019''.
       (b) Additional U.S. Customs and Border Protection 
     Personnel.--
       (1) Officers.--The Commissioner of U.S. Customs and Border 
     Protection shall hire, train, and assign not fewer than 600 
     new Office of Field Operations officers above the current 
     attrition level during every fiscal year until the total 
     number of Office of Field Operations officers equals and 
     sustains the requirements identified each year in the 
     Workload Staffing Model.
       (2) Support staff.--The Commissioner is authorized to hire, 
     train, and assign support staff, including technicians, to 
     perform non-law enforcement administrative functions to 
     support the new Office of Field Operations officers hired 
     pursuant to paragraph (1).
       (3) Traffic forecasts.--In calculating the number of Office 
     of Field Operations officers needed at each port of entry 
     through the Workload Staffing Model, the Office of Field 
     Operations shall--
       (A) rely on data collected regarding the inspections and 
     other activities conducted at each such port of entry; and
       (B) consider volume from seasonal surges, other projected 
     changes in commercial and passenger volumes, the most current 
     commercial forecasts, and other relevant information.
       (4) GAO report.--If the Commissioner does not hire the 600 
     additional Office of Field Operations officers authorized 
     under paragraph (1) during fiscal year 2020, or during any 
     subsequent fiscal year in which the hiring requirements set 
     forth in the Workload Staffing Model have not been achieved, 
     the Comptroller General of the United States shall--
       (A) conduct a review of U.S. Customs and Border Protection 
     hiring practices to determine the reasons that such 
     requirements were not achieved and other issues related to 
     hiring by U.S. Customs and Border Protection; and
       (B) submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     describes the results of the review conducted under 
     subparagraph (A).
       (c) Ports of Entry Infrastructure Enhancement Report.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Commissioner of U.S. Customs and Border Protection 
     shall submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     identifies--
       (1) infrastructure improvements at ports of entry that 
     would enhance the ability of Office of Field Operations 
     officers to interdict opioids and other drugs that are being 
     illegally transported into the United States, including a 
     description of circumstances at specific ports of entry that 
     prevent the deployment of technology used at other ports of 
     entry;
       (2) detection equipment that would improve the ability of 
     such officers to identify opioids, including precursors and 
     derivatives, that are being illegally transported into the 
     United States; and
       (3) safety equipment that would protect such officers from 
     accidental exposure to such drugs or other dangers associated 
     with the inspection of potential drug traffickers.
       (d) Reporting Requirements.--
       (1) Temporary duty assignments.--

[[Page S4192]]

       (A) Quarterly report.--The Commissioner of U.S. Customs and 
     Border Protection, in consultation with the Executive 
     Assistant Commissioner of the Office of Field Operations, 
     shall submit a quarterly report to the appropriate 
     congressional committees that includes, for the reporting 
     period--
       (i) the number of temporary duty assignments;
       (ii) the number of U.S. Customs and Border Protection 
     employees required for each temporary duty assignment;
       (iii) the ports of entry from which such employees were 
     reassigned;
       (iv) the ports of entry to which such employees were 
     reassigned;
       (v) the ports of entry at which reimbursable service 
     agreements have been entered into that may be affected by 
     temporary duty assignments;
       (vi) the duration of each temporary duty assignment; and
       (vii) the cost of each temporary duty assignment.
       (B) Southwest border.--The report required under 
     subparagraph (A) shall identify, with respect to each of the 
     statistics described in clauses (i) through (vii) of such 
     subparagraph, information relating to preventing or 
     responding to illegal entries along the southwest border of 
     the United States, including the costs relating to temporary 
     redeployments along the southwest border.
       (C) Notice.--Not later than 10 days before redeploying 
     employees from 1 port of entry to another, absent emergency 
     circumstances--
       (i) the Commissioner of U.S. Customs and Border Protection 
     shall notify the director of the port of entry from which 
     employees will be reassigned of the intended redeployments; 
     and
       (ii) the port director shall notify impacted facilities 
     (including airports, seaports, and land ports) of the 
     intended redeployments.
       (D) Staff briefing.--The Commissioner of U.S. Customs and 
     Border Protection, in consultation with the Assistant 
     Commissioner of the Office of Field Operations, shall brief 
     all affected U.S. Customs and Border Protection employees 
     regarding plans to mitigate vulnerabilities created by any 
     planned staffing reductions at ports of entry.
       (2) Reimbursable services agreements quarterly report.--The 
     Commissioner of U.S. Customs and Border Protection shall 
     submit a quarterly report to the appropriate congressional 
     committees regarding the use of reimbursable service 
     agreements by U.S. Customs and Border Protection, which shall 
     include--
       (A) the governmental or private entities with an active 
     reimbursable service agreement, including the locations at 
     which the contracted services are being performed;
       (B) a description of the factors that were considered 
     before entering into each of the active reimbursable service 
     agreements referred to in subparagraph (A);
       (C) the number of hours that U.S. Customs and Border 
     Protection Officers worked during the reporting period in 
     fulfillment of responsibilities agreed to under each of the 
     reimbursable service agreements; and
       (D) the total costs incurred by U.S. Customs and Border 
     Protection relating to each reimbursable service agreement, 
     including the amount of such costs that were reimbursed by 
     the contracted entity.
       (3) Annual workload staffing model report.--As part of the 
     Annual Report on Staffing required under section 411(g)(5)(A) 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)(A)), 
     the Commissioner shall include--
       (A) information concerning the progress made toward meeting 
     the Office of Field Operations officer and support staff 
     hiring targets set forth in subsection (b), while accounting 
     for attrition;
       (B) an update to the information provided in the Resource 
     Optimization at the Ports of Entry report, which was 
     submitted to Congress on September 12, 2017, pursuant to the 
     Department of Homeland Security Appropriations Act, 2017 
     (division F of Public Law 115-31); and
       (C) a summary of the information included in the quarterly 
     reports required under paragraphs (1) and (2).
       (4) Defined term.--In this subsection, the term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $80,908,929 for fiscal year 2020; and
       (2) $97,132,268 for each of the fiscal years 2021 through 
     2026.
                                 ______
                                 
  SA 835. Mr. VAN HOLLEN submitted an amendment intended to be proposed 
to amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 
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. HONORARY PROMOTION OF COLONEL CHARLES E. MCGEE TO 
                   BRIGADIER GENERAL IN THE AIR FORCE.

       The President is authorized to issue an appropriate 
     honorary commission promoting to brigadier general in the Air 
     Force Colonel Charles E. McGee, United States Air Force 
     (retired), a distinguished Tuskegee Airman whose honorary 
     promotion has the recommendation of the Secretary of the Air 
     Force in accordance with the provisions section 1563 of title 
     10, United States Code.
                                 ______
                                 
  SA 836. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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:

       Insert after section 5546 the following:

     SEC. 5547. LIMITATIONS AND REQUIREMENTS IN CONNECTION WITH 
                   SEPARATIONS FOR MEMBERS OF THE ARMED FORCES WHO 
                   SUFFER FROM MENTAL HEALTH CONDITIONS IN 
                   CONNECTION WITH A SEX-RELATED, INTIMATE PARTNER 
                   VIOLENCE-RELATED, OR SPOUSAL-ABUSE OFFENSE.

       (a) Confirmation of Diagnosis of Condition Required Before 
     Separation.--Before a member of the Armed Forces who was the 
     victim of a sex-related offense, an intimate partner 
     violence-related offense, or a spousal-abuse offense during 
     service in the Armed Forces (whether or not such offense was 
     committed by another member of the Armed Forces), and who has 
     a mental health condition not amounting to a physical 
     disability, is separated, discharged, or released from the 
     Armed Forces based solely on such condition, the diagnosis of 
     such condition must be--
       (1) corroborated by a competent mental health care 
     professional at the peer level or a higher level of the 
     health care professional making the diagnosis; and
       (2) endorsed by the Surgeon General of the military 
     department concerned.
       (b) Narrative Reason for Separation if Mental Health 
     Condition Present.--If the narrative reason for discharge, 
     separation, or release from the Armed Forces of a member of 
     the Armed Forces is a mental health condition that is not a 
     disability, the appropriate narrative reason for the 
     discharge, separation, or release shall be condition, not a 
     disability, or Secretarial authority.
       (c) Definition.--In this section:
       (1) The term ``intimate partner violence-related offense'' 
     means the following:
       (A) An offense under section 928 or 930 of title 10, United 
     States Code (article 128 or 130 of the Uniform Code of 
     Military Justice).
       (B) An offense under State law for conduct identical or 
     substantially similar to an offense described in subparagraph 
     (A).
       (2) The term ``sex-related offense'' means the following:
       (A) An offense under section 920 or 920b of title 10, 
     United States Code (article 120 or 120b of the Uniform Code 
     of Military Justice).
       (B) An offense under State law for conduct identical or 
     substantially similar to an offense described in subparagraph 
     (A).
       (3) The term ``spousal-abuse offense'' means the following:
       (A) An offense under section 928 of title 10, United States 
     Code (article 128 of the Uniform Code of Military Justice).
       (B) An offense under State law for conduct identical or 
     substantially similar to an offense described in subparagraph 
     (A).
       (d) Effective Date.--This section shall take effect 180 
     days after the date of the enactment of this Act, and shall 
     apply with respect to separations, discharges, and releases 
     from the Armed Forces that occur on or after that effective 
     date.
                                 ______
                                 
  SA 837. Mr. TOOMEY (for himself, Mr. Jones, and Mrs. Capito) 
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

[[Page S4193]]

       (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 synthetic 
     opioids and related illicit precursors significantly 
     affecting the United States;''.
       (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, to the extent 
     feasible, that are the most significant sources of illicit 
     fentanyl and fentanyl analogues significantly affecting the 
     United States during the preceding calendar year.
       ``(B) A description of the extent to which each country 
     identified pursuant to subparagraph (A) has cooperated with 
     the United States to prevent the articles or chemicals 
     described in subparagraph (A) from being exported from such 
     country to the United States.
       ``(C) A description of whether each country identified 
     pursuant to subparagraph (A) has adopted and utilizes 
     scheduling or other procedures for illicit drugs that are 
     similar in effect 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;
       ``(D) A description of whether each country identified 
     pursuant to subparagraph (A) is following steps to prosecute 
     individuals involved in the illicit manufacture or 
     distribution of controlled substance analogues (as defined in 
     section 102(32) of the Controlled Substances Act (21 U.S.C. 
     802(32)); and
       ``(E) A description of whether each country identified 
     pursuant to subparagraph (A) requires the registration of 
     tableting machines and encapsulating machines or other 
     measures similar in effect to the registration requirements 
     set forth in part 1310 of title 21, Code of Federal 
     Regulations, and has not made good faith efforts, in the 
     opinion of the Secretary, to improve regulation of tableting 
     machines and encapsulating machines.''.
       (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 ``or country identified 
     pursuant to clause (i) or (ii) of section 489(a)(8)(A) of 
     this Act'' and inserting ``country identified pursuant to 
     section 489(a)(8)(A), or country twice identified pursuant to 
     section 489(a)(9)(A)''; and
       (B) in paragraph (2), by striking ``or major drug-transit 
     country (as determined under subsection (h)) or country 
     identified pursuant to clause (i) or (ii) of section 
     489(a)(8)(A) of this Act'' and inserting ``, major drug-
     transit country, country identified pursuant to section 
     489(a)(8)(A), or country twice identified pursuant to section 
     489(a)(9)(A)''.
       (2) Designation of illicit fentanyl countries without 
     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 under 
     section 489(a)(9) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(9)) that has failed to adopt and utilize 
     scheduling procedures for illicit drugs 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 illicit fentanyl 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 under 
     section 489(a)(9) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(9)) that has not taken significant steps to 
     prosecute individuals involved in the illicit manufacture or 
     distribution of controlled substance analogues (as defined in 
     section 102(32) of the Controlled Substances Act (21 U.S.C. 
     802(32));''.
       (4) Designation of illicit fentanyl 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 under 
     section 489(a)(9) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(9)) that--
       ``(i) 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
       ``(ii) has not made good faith efforts (in the opinion of 
     the Secretary) to improve the regulation of tableting 
     machines and encapsulating machines; and''.
       (5) Limitation on assistance for designated countries.--
     Section 706(3) of the Foreign Relations Authorization Act, 
     Fiscal Year 2003 (22 U.S.C. 2291j-1(3)) is amended by 
     striking ``also designated under paragraph (2) in the 
     report'' and inserting ``designated in the report under 
     paragraph (2)(A) or twice designated in the report under 
     subparagraph (B), (C), or (D) of paragraph (2)''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 838. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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) Definitions.--In this section:
       (1) The term ``covered agency'' means--
       (A) an Executive agency, as defined in section 105 of title 
     5, United States Code; and
       (B) an independent regulatory agency, as defined in section 
     3502 of title 44, United States Code.
       (2) The term ``project'' includes any program, project, or 
     activity other that a program, project, or activity funded by 
     mandatory spending.
       (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 (other than a program currently subject to 
     reporting requirements under section 2433 of title 10 United 
     States Code (commonly referred to as the ``Nunn-McCurdy 
     Amendment''))--
       (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 839. Ms. BALDWIN (for herself and Mr. Moran) submitted an 
amendment intended to be proposed to amendment SA 764 submitted by Mr. 
Inhofe and intended to be proposed to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military

[[Page S4194]]

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. CHIROPRACTIC HEALTH CARE SERVICES FROM THE 
                   DEPARTMENT OF DEFENSE FOR CERTAIN COVERED 
                   BENEFICIARIES.

       (a) Plan Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     complete development of a plan to provide chiropractic health 
     care services and benefits for eligible covered beneficiaries 
     as a permanent part of the TRICARE program.
       (b) Contents of Plan.--The plan developed under subsection 
     (a) shall require that a contract entered into under section 
     1097 of title 10, United States Code, for the delivery of 
     health care services shall--
       (1) include the delivery of chiropractic services to 
     eligible covered beneficiaries;
       (2) require that chiropractic services may be provided only 
     by a doctor of chiropractic; and
       (3) provide that an eligible covered beneficiary may select 
     and have direct access to a doctor of chiropractic without 
     referral by another health practitioner.
       (c) Implementation of Plan.--The plan developed under 
     subsection (a) shall provide for implementation of the plan 
     to begin not later than 60 days after the date on which the 
     plan is completed.
       (d) Definitions.--In this section:
       (1) The term ``chiropractic services''--
       (A) includes diagnosis (including by diagnostic x-ray 
     tests), evaluation and management, and therapeutic services 
     for the treatment of a patient's health condition, including 
     neuromusculoskeletal conditions and the subluxation complex, 
     and such other services determined appropriate by the 
     Secretary of Defense and as authorized under State law; and
       (B) does not include the use of drugs or surgery.
       (2) The term ``covered beneficiary'' has the meaning given 
     that term in section 1072(5) of title 10, United States Code.
       (3) The term ``eligible covered beneficiary'' means a 
     covered beneficiary excluding a dependent of a member or 
     former member of a uniformed service.
       (4) The term ``dependent'' has the meaning given that term 
     in section 1072(2) of title 10, United States Code.
       (5) The term ``doctor of chiropractic'' means only a doctor 
     of chiropractic who is licensed as a doctor of chiropractic, 
     chiropractic physician, or chiropractor by a State, the 
     District of Columbia, or a territory or possession of the 
     United States.
       (6) The term ``TRICARE program'' has the meaning given that 
     term in section 1072(7) of title 10, United States Code.
                                 ______
                                 
  SA 840. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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. ___. REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF 
                   DEFENSE NATIONAL SECURITY SYSTEMS.

       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 detailing the 
     mission need and efficacy of full disk encryption across 
     NIPRNET and SIPRNET endpoint computer systems, including the 
     cost, mission impact, and implementation timeline.
                                 ______
                                 
  SA 841. Mr. BOOZMAN submitted an amendment intended to be proposed to 
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed 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 5211 is amended to read as follows:

     SEC. 5211. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE 
                   SECURE, LOW PROBABILITY OF DETECTION DATA LINK 
                   NETWORK CAPABILITY.

       The text of subsections (a) through (c) of section 211 are 
     hereby deemed to read as follows:
       ``(a) Strategy Required.--Not later than April 1, 2020, the 
     Chief of Staff of the Air Force, the Chief of Naval 
     Operations, and the Chief of Staff of the Army shall jointly 
     submit to the congressional defense committees a joint 
     development and acquisition strategy to procure a secure, low 
     probability of detection data link network capability, with 
     the ability to effectively operate in hostile jamming 
     environments while preserving the low observability 
     characteristics of the relevant platforms, including both 
     existing and planned platforms.
       ``(b) Network Characteristics.--The data link network 
     capability to be procured pursuant to the development and 
     acquisition strategy submitted under subsection (a) shall--
       ``(1) ensure that any network made with such capability 
     will be low risk and affordable, with minimal impact or 
     change to existing host platforms and minimal overall 
     integration costs;
       ``(2) use a non-proprietary and open systems approach 
     compatible with the Rapid Capabilities Office Open Mission 
     Systems initiative of the Air Force and the Future Airborne 
     Capability Environment initiative of the Navy; and
       ``(3) provide for an architecture to connect, with 
     operationally relevant throughput and latency--
       ``(A) fifth-generation combat aircraft;
       ``(B) fifth-generation and fourth-generation combat 
     aircraft;
       ``(C) fifth-generation and fourth-generation combat 
     aircraft and appropriate support aircraft and other network 
     nodes for command, control, communications, intelligence, 
     surveillance, and reconnaissance purposes; and
       ``(D) fifth-generation and fourth-generation combat 
     aircraft and their associated network-enabled precision 
     weapons.
       ``(c) Limitation.--Of the funds authorized to be 
     appropriated by this Act for fiscal year 2020 for operations 
     and maintenance for the Office of the Secretary of the Air 
     Force, for operations and maintenance for the Office of the 
     Secretary of the Navy, and for operations and maintenance for 
     the Office of the Secretary of the Army, not more than 75 
     percent may be obligated or expended until the date that is 
     15 days after the date on which the Chief of Staff of the Air 
     Force, the Chief of Naval Operations, and the Chief of Staff 
     of the Army submit the development and acquisition strategy 
     required by subsection (a).''.

                          ____________________