[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3326-S3625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1796. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 10__. CONSISTENCY OF DEADLINES FOR FILING CLAIMS FOR 
                   REIMBURSEMENT OR PAYMENT FROM DEPARTMENT OF 
                   VETERANS AFFAIRS FOR EMERGENCY TREATMENT 
                   FURNISHED TO VETERANS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     modify the regulations implementing sections 1725 and 1728 of 
     title 38, United States Code, to ensure that the deadline for 
     filing claims for reimbursement or payment for emergency 
     treatment covered by such sections--
       (1) provides the same period of time for the filing of a 
     claim covered under either section; and
       (2) is not earlier than the date that is two years after 
     the latest date on which such treatment was provided.
       (b) Emergency Treatment Defined.--In this section, the term 
     ``emergency treatment'' has the meaning given that term in 
     section 1725(f) of title 38, United States Code.
                                 ______
                                 
  SA 1797. Mr. JONES (for himself and Mr. Sullivan) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. IMPROVING THE AUTHORITY FOR OPERATIONS OF UNMANNED 
                   AIRCRAFT FOR EDUCATIONAL PURPOSES.

       Section 350 of the FAA Reauthorization Act of 2018 (Public 
     Law 115-254; 49 U.S.C 44809 note) is amended
       (1) in the section heading, by striking ``at institutions 
     of higher education'' and inserting ``for educational 
     purposes''; and
       (2) in subsection (a)--
       (A) by striking ``aircraft system operated by'' and 
     inserting the following: ``aircraft system--
       ``(1) operated by'';
       (B) in paragraph (1), as added by subparagraph (A), by 
     striking the period at the end and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(2) flown as part of the established curriculum of an 
     elementary school or secondary school (as such terms are 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801));
       ``(3) flown as part of an established Junior Reserve 
     Officers' Training Corps (JROTC) program; or
       ``(4) flown as part of an educational program that is 
     chartered by a recognized community-based organization (as 
     defined in subsection (h) of such section).''.
                                 ______
                                 
  SA 1798. Mr. JONES submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. REPORT ON IMPLEMENTATION OF THE RECOMMENDATIONS OF 
                   THE MILITARY LEADERSHIP DIVERSITY COMMISSION.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     implementation by the Department of Defense and the Armed 
     Forces of the recommendations of the Military Leadership 
     Diversity Commission as set forth in the final report of the 
     Commission entitled ``From Representation to Inclusion: 
     Diversity Leadership for the 21st Century Military'' and 
     dated March 15, 2011.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of each recommendation in the final 
     report referred to in that subsection.
       (2) For each such recommendation, a description and 
     assessment of the implementation of such recommendation by 
     the Department of Defense and the Armed Forces, including an 
     assessment whether progress remains to be made in the 
     implementation of such recommendation.
       (3) A description and assessment of the progress of the 
     Department and the Armed Forces in achieving diversity in the 
     leadership of the Armed Forces.
       (4) A description and assessment of areas in which the 
     Armed Forces are making insufficient progress in achieving 
     diversity in the leadership of the Armed Forces, an 
     assessment of the causes of such lack of progress, and 
     recommendations for actions to be undertaken to address such 
     lack of progress.
       (5) Such other matters in connection with diversity in 
     leadership of the Armed Forces as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 1799. Mr. ENZI (for himself and Mr. Scott of Florida) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 VIII, add the following:

     SEC. 894. LISTING OF OTHER TRANSACTION AUTHORITY CONSORTIA.

       Beginning not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall 
     maintain on the government-wide point of entry for 
     contracting

[[Page S3327]]

     opportunities, Beta.SAM.gov (or any successor system), a list 
     of the consortia used by the Department of Defense to 
     announce or otherwise make available contracting 
     opportunities using other transaction authority (OTA).
                                 ______
                                 
  SA 1800. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND 
                   SUPREMACISM IN WORKPLACE SURVEYS ADMINISTERED 
                   BY THE SECRETARY OF DEFENSE.

       Section 593 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92) is amended--
       (1) by inserting ``(a) Questions Required.--'' before ``The 
     Secretary'';
       (2) in paragraph (1), by inserting ``, racist, anti-
     Semitic, or supremacist'' after ``extremist''; and
       (3) by adding at the end the following new subsection:
       ``(b) Report.--Not later than March 1, 2021, the Secretary 
     shall submit to Congress a report including--
       ``(1) the text of the questions included in surveys under 
     subsection (a); and
       ``(2) which surveys include such questions.''.
                                 ______
                                 
  SA 1801. Mr. WARNER (for himself, Ms. Harris, and Mrs. Feinstein) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XXVIII, add the 
     following:

     SEC. 28__. INCLUSION OF ASSESSMENT OF PERFORMANCE METRICS IN 
                   ANNUAL PUBLICATION ON USE OF INCENTIVE FEES FOR 
                   PRIVATIZED MILITARY HOUSING PROJECTS.

       (a) In General.--Section 2891c of title 10, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following: ``Transparency regarding finances and performance 
     metrics'';
       (2) in subsection (b)--
       (A) in the subsection heading, by inserting ``Performance 
     Metrics and'' before ``Use of Incentive Fees'';
       (B) in paragraph (1), by striking ``publicly accessible 
     website, information'' and inserting ``publicly accessible 
     website--
       ``(A) for each contract for the provision or management of 
     housing units--
       ``(i) an assessment of indicators underlying the 
     performance metrics under such contract to ensure such 
     indicators adequately measure the condition and quality of 
     the home or homes covered by the contract, including--
       ``(I) resident satisfaction;
       ``(II) maintenance management;
       ``(III) project safety; and
       ``(IV) financial management; and
       ``(ii) a detailed description of each indicator assessed 
     under subparagraph (A), including an indication of--
       ``(I) the limitations of available survey data;
       ``(II) how resident satisfaction and maintenance management 
     is calculated; and
       ``(III) whether data is missing; and
       ``(B) information''; and
       (C) in paragraph (2), by striking ``paragraph (1)'' and 
     inserting ``paragraph (1)(B)''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter V of chapter 169 of such title is 
     amended by striking the item relating to section 2891c and 
     inserting the following new item:

``2891c. Transparency regarding finances and performance metrics.''.
                                 ______
                                 
  SA 1802. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 XI, add the following:

     SEC. __. INCLUSION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 
                   IN DEPARTMENT OF DEFENSE PERSONNEL MANAGEMENT 
                   AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND 
                   ENGINEERING.

       (a) In General.--Subsection (a) of section 1599h of title 
     10, United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(7) National geospatial-intelligence agency.--The 
     Director of the National Geospatial-Intelligence Agency may 
     carry out a program of personnel management authority 
     provided in subsection (b) in order to facilitate recruitment 
     of eminent experts in science or engineering for the 
     Agency.''.
       (b) Scope of Appointment Authority.--Subsection (b)(1) of 
     such section is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by adding ``and'' at the end; and
       (3) by adding at the end the following new subparagraph:
       ``(G) in the case of the National Geospatial-Intelligence 
     Agency, appoint scientists and engineers to a total of not 
     more than 5 scientific and engineering positions in the 
     Agency;''.
       (c) Enhanced Pay Authority.--Subsection (b)(2)(A) of such 
     section is amended--
       (1) by striking ``paragraph (1)(B)'' and inserting 
     ``subparagraph (B) of paragraph (1)''; and
       (2) by inserting ``or employees appointed pursuant to 
     subparagraph (G) of such paragraph to any of 3 positions 
     designated by the Director of the National Geospatial-
     Intelligence Agency'' after ``this subparagraph''.
       (d) Extension of Terms of Appointment.--Subsection (c)(2) 
     of such section is amended by striking ``or the Joint 
     Artificial Intelligence Center'' and inserting ``the Joint 
     Artificial Intelligence Center, or the National Geospatial-
     Intelligence Agency''.
       (e) Study Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary of Defense for 
     Intelligence and Security and the Director of National 
     Intelligence shall jointly submit to the appropriate 
     committees of Congress a study on the utility of providing 
     elements of the intelligence community of the Department of 
     Defense, other than the National Geospatial-Intelligence 
     Agency, personnel management authority to attract experts in 
     science and engineering under section 1599h of title 10, 
     United States Code.
       (2) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (ii) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (B) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
                                 ______
                                 
  SA 1803. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. EFFICIENT USE OF SENSITIVE COMPARTMENTED 
                   INFORMATION FACILITIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Secretary of Defense, shall issue 
     revised guidance authorizing and directing Government 
     agencies and their appropriately cleared contractors to 
     process, store, use, and discuss sensitive compartmented 
     information (SCI) at facilities previously approved to handle 
     such information, without need for further approval by agency 
     or by site. Such guidance shall apply to controlled access 
     programs of the intelligence community and to special access 
     programs of the Department of Defense.
                                 ______
                                 
  SA 1804. Mr. BRAUN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 V, add the following:

     SEC. ___. POSTHUMOUS HONORARY PROMOTION TO GENERAL OF 
                   LIEUTENANT GENERAL FRANK MAXWELL ANDREWS, 
                   UNITED STATES ARMY.

       (a) Posthumous Honorary Promotion.--Notwithstanding any 
     time limitation with respect to posthumous promotions for 
     persons who served in the Armed Forces, the President is 
     authorized to issue a posthumous honorary commission 
     promoting Lieutenant General Frank Maxwell Andrews, United 
     States Army, to the grade of general.
       (b) Additional Benefits Not to Accrue.--The honorary 
     promotion of Frank Maxwell Andrews under subsection (a) shall 
     not affect the retired pay or other benefits from the United 
     States to which Frank Maxwell Andrews would have been 
     entitled based upon

[[Page S3328]]

     his military service or affect any benefits to which any 
     other person may become entitled based on his military 
     service.
                                 ______
                                 
  SA 1805. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST 
                   PRACTICES.

       (a) Short Title.--This section may be cited as the ``Luke 
     and Alex School Safety Act of 2020''.
       (b) Clearinghouse.--Subtitle A of title XXII of the 
     Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is 
     amended by inserting after section 2214 the following:

     ``SEC. 2215. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST 
                   PRACTICES.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, in coordination with the 
     Secretary of Education, the Attorney General, and the 
     Secretary of Health and Human Services, shall establish a 
     Federal Clearinghouse on School Safety Best Practices (in 
     this section referred to as the `Clearinghouse') within the 
     Department.
       ``(2) Purpose.--The Clearinghouse shall be the primary 
     resource of the Federal Government to identify and publish 
     online through SchoolSafety.gov, or any successor website, 
     the best practices and recommendations for school safety for 
     use by State and local educational agencies, institutions of 
     higher education, State and local law enforcement agencies, 
     health professionals, and the general public.
       ``(3) Personnel.--
       ``(A) Assignments.--The Clearinghouse shall be assigned 
     such personnel and resources as the Secretary considers 
     appropriate to carry out this section.
       ``(B) Detailees.--The Secretary of Education, the Attorney 
     General, and the Secretary of Health and Human Services may 
     detail personnel to the Clearinghouse.
       ``(4) Exemptions.--
       ``(A) Paperwork reduction act.--Chapter 35 of title 44, 
     United States Code (commonly known as the `Paperwork 
     Reduction Act') shall not apply to any rulemaking or 
     information collection required under this section.
       ``(B) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply for the 
     purposes of carrying out this section.
       ``(b) Clearinghouse Contents.--
       ``(1) Consultation.--In identifying the best practices and 
     recommendations for the Clearinghouse, the Secretary may 
     consult with appropriate Federal, State, local, Tribal, 
     private sector, and nongovernmental organizations.
       ``(2) Criteria for best practices and recommendations.--The 
     best practices and recommendations of the Clearinghouse 
     shall, at a minimum--
       ``(A) involve comprehensive school safety measures, 
     including threat prevention, preparedness, protection, 
     mitigation, incident response, and recovery to improve the 
     safety posture of a school upon implementation;
       ``(B) include any evidence or research rationale supporting 
     the determination of the Clearinghouse that the best practice 
     or recommendation under subparagraph (A) has been shown to 
     have a significant effect on improving the health, safety, 
     and welfare of persons in school settings, including--
       ``(i) relevant research that is evidence-based, as defined 
     in section 8101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801), supporting the best practice or 
     recommendation;
       ``(ii) findings and data from previous Federal or State 
     commissions recommending improvements to the safety posture 
     of a school; or
       ``(iii) other supportive evidence or findings relied upon 
     by the Clearinghouse in determining best practices and 
     recommendations to improve the safety posture of a school 
     upon implementation; and
       ``(C) include information on Federal grant programs for 
     which implementation of each best practice or recommendation 
     is an eligible use for the program.
       ``(3) Past commission recommendations.--To the greatest 
     extent practicable, the Clearinghouse shall present, as 
     appropriate, Federal, State, local, Tribal, private sector, 
     and nongovernmental organization issued best practices and 
     recommendations and identify any best practice or 
     recommendation of the Clearinghouse that was previously 
     issued by any such organization or commission.
       ``(c) Assistance and Training.--The Secretary may produce 
     and publish materials on the Clearinghouse to assist and 
     train educational agencies and law enforcement agencies on 
     the implementation of the best practices and recommendations.
       ``(d) Continuous Improvement.--The Secretary shall--
       ``(1) collect for the purpose of continuous improvement of 
     the Clearinghouse--
       ``(A) Clearinghouse data analytics;
       ``(B) user feedback on the implementation of resources, 
     best practices, and recommendations identified by the 
     Clearinghouse; and
       ``(C) any evaluations conducted on implementation of the 
     best practices and recommendations of the Clearinghouse; and
       ``(2) in coordination with the Secretary of Education, the 
     Secretary of Health and Human Services, and the Attorney 
     General--
       ``(A) regularly assess and identify Clearinghouse best 
     practices and recommendations for which there are no 
     resources available through Federal Government programs for 
     implementation; and
       ``(B) establish an external advisory board, which shall be 
     comprised of appropriate State, local, Tribal, private 
     sector, and nongovernmental organizations, including 
     organizations representing parents of elementary and 
     secondary school students, to--
       ``(i) provide feedback on the implementation of best 
     practices and recommendations of the Clearinghouse; and
       ``(ii) propose additional recommendations for best 
     practices for inclusion in the Clearinghouse.
       ``(e) Parental Assistance.--The Clearinghouse shall produce 
     materials to assist parents and legal guardians of students 
     with identifying relevant Clearinghouse resources related to 
     supporting the implementation of Clearinghouse best practices 
     and recommendations.''.
       (1) Technical amendments.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 2214 the following:

``Sec. 2215. Federal Clearinghouse on School Safety Best Practices.''.
       (c) Notification of Clearinghouse.--
       (1) Notification by the secretary of education.--The 
     Secretary of Education shall provide written notification of 
     the publication of the Federal Clearinghouse on School Safety 
     Best Practices (referred to in this subsection and subsection 
     (d) as the ``Clearinghouse''), as required to be established 
     under section 2215 of the Homeland Security Act of 2002, as 
     added by subsection (b), to--
       (A) every State and local educational agency; and
       (B) other Department of Education partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Secretary 
     of Education.
       (2) Notification by the secretary of homeland security.--
     The Secretary of Homeland Security shall provide written 
     notification of the publication of the Clearinghouse, as 
     required to be established under section 2215 of the Homeland 
     Security Act of 2002, as added by subsection (b), to--
       (A) every State homeland security advisor;
       (B) every State department of homeland security; and
       (C) other Department of Homeland Security partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Secretary 
     of Homeland Security.
       (3) Notification by the secretary of health and human 
     services.--The Secretary of Health and Human Services shall 
     provide written notification of the publication of the 
     Clearinghouse, as required to be established under section 
     2215 of the Homeland Security Act of 2002, as added by 
     subsection (b), to--
       (A) every State department of public health; and
       (B) other Department of Health and Human Services partners 
     in the implementation of the best practices and 
     recommendations of the Clearinghouse, as determined 
     appropriate by the Secretary of Health and Human Services.
       (4) Notification by the attorney general.--The Attorney 
     General shall provide written notification of the publication 
     of the Clearinghouse, as required to be established under 
     section 2215 of the Homeland Security Act of 2002, as added 
     by subsection (b), to--
       (A) every State department of justice; and
       (B) other Department of Justice partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Attorney 
     General.
       (d) Grant Program Review.--
       (1) Federal grants and resources.--The Secretary of 
     Education, the Secretary of Homeland Security, the Secretary 
     of Health and Human Services, and the Attorney General shall 
     each--
       (A) review grant programs administered by their respective 
     agency and identify any grant program that may be used to 
     implement best practices and recommendations of the 
     Clearinghouse;
       (B) identify any best practices and recommendations of the 
     Clearinghouse for which there is not a Federal grant program 
     that may be used for the purposes of implementing the best 
     practice or recommendation as applicable to the agency; and
       (C) periodically report any findings under subparagraph (B) 
     to the appropriate committees of Congress.
       (2) State grants and resources.--The Clearinghouse shall, 
     to the extent practicable, identify, for each State--
       (A) each agency responsible for school safety in the State, 
     or any State that does not have such an agency designated;
       (B) any grant program that may be used for the purposes of 
     implementing best practices and recommendations of the 
     Clearinghouse; and

[[Page S3329]]

       (C) any resources other than grant programs that may be 
     used to assist in implementation of best practices and 
     recommendations of the Clearinghouse.
       (e) Rules of Construction.--
       (1) Waiver of requirements.--Nothing in this section or the 
     amendments made by this section shall be construed to create, 
     satisfy, or waive any requirement under--
       (A) title II of the Americans With Disabilities Act of 1990 
     (42 U.S.C. 12131 et seq.);
       (B) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
       (C) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.);
       (D) title IX of the Education Amendments of 1972 (20 U.S.C. 
     1681 et seq.); or
       (E) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.).
       (2) Prohibition on federally developed, mandated, or 
     endorsed curriculum.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     authorize any officer or employee of the Federal Government 
     to engage in an activity otherwise prohibited under section 
     103(b) of the Department of Education Organization Act (20 
     U.S.C. 3403(b)).
                                 ______
                                 
  SA 1806. Mr. JOHNSON (for himself and Ms. Hassan) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.

       ``(a) Coordinator.--
       ``(1) In general.--The Secretary shall designate an 
     individual in a Senior Executive Service position (as defined 
     in section 3132 of title 5, United States Code) of the 
     Department within the Office of Strategy, Policy, and Plans 
     as the Countering Unmanned Aircraft Systems Coordinator (in 
     this section referred to as the `Coordinator') and provide 
     appropriate staff to carry out the responsibilities of the 
     Coordinator.
       ``(2) Responsibilities.--The Coordinator shall--
       ``(A) oversee and coordinate with relevant Department 
     offices and components, including the Office of Civil Rights 
     and Civil Liberties and the Privacy Office, on the 
     development of guidance and regulations to counter threats 
     associated with unmanned aircraft systems (in this section 
     referred to as `UAS') as described in section 210G;
       ``(B) promote research and development of counter UAS 
     technologies in coordination with the Office of Science and 
     Technology;
       ``(C) coordinate with the relevant components and offices 
     of the Department, including the Office of Intelligence and 
     Analysis, to ensure the sharing of information, guidance, and 
     intelligence relating to countering UAS threats, counter UAS 
     threat assessments, and counter UAS technology, including the 
     retention of UAS and counter UAS incidents within the 
     Department;
       ``(D) serve as the Department liaison, in coordination with 
     relevant components and offices of the Department, to the 
     Department of Defense, Federal, State, local, and Tribal law 
     enforcement entities and the private sector regarding the 
     activities of the Department relating to countering UAS;
       ``(E) maintain the information required under section 
     210G(g)(3); and
       ``(F) carry out other related counter UAS authorities and 
     activities under section 210G, as directed by the Secretary.
       ``(b) Coordination With Applicable Federal Laws.--The 
     Coordinator shall, in addition to other assigned duties, 
     coordinate with relevant Department components and offices to 
     ensure testing, evaluation, or deployment of a system used to 
     identify, assess, or defeat a UAS is carried out in 
     accordance with applicable Federal laws.
       ``(c) Coordination With Private Sector.--The Coordinator 
     shall, among other assigned duties, working with the Office 
     of Partnership and Engagement and other relevant Department 
     offices and components, or other Federal agencies, as 
     appropriate, serve as the principal Department official 
     responsible for sharing to the private sector information 
     regarding counter UAS technology, particularly information 
     regarding instances in which counter UAS technology may 
     impact lawful private sector services or systems.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 320 the following:

``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.
                                 ______
                                 
  SA 1807. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. SUBPOENA AUTHORITY.

       (a) In General.--Section 2209 of the Homeland Security Act 
     of 2002 (6 U.S.C. 659) is amended--
       (1) in subsection (a)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) by redesignating paragraph (6) as paragraph (7); and
       (C) by inserting after paragraph (5) the following:
       ``(6) the term `security vulnerability' has the meaning 
     given that term in section 102(17) of the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1501(17)); and'';
       (2) in subsection (c)--
       (A) in paragraph (10), by striking ``and'' at the end;
       (B) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(12) detecting, identifying, and receiving information 
     about security vulnerabilities relating to critical 
     infrastructure in the information systems and devices for a 
     cybersecurity purpose, as defined in section 102 of the 
     Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
     1501).''; and
       (3) by adding at the end the following:
       ``(o) Subpoena Authority.--
       ``(1) Definition.--In this subsection, the term `covered 
     device or system'--
       ``(A) means a device or system commonly used to perform 
     industrial, commercial, scientific, or governmental functions 
     or processes that relate to critical infrastructure, 
     including operational and industrial control systems, 
     distributed control systems, and programmable logic 
     controllers; and
       ``(B) does not include personal devices and systems, such 
     as consumer mobile devices, home computers, residential 
     wireless routers, or residential internet enabled consumer 
     devices.
       ``(2) Authority.--
       ``(A) In general.--If the Director identifies a system 
     connected to the internet with a specific security 
     vulnerability and has reason to believe that the security 
     vulnerability relates to critical infrastructure and affects 
     a covered device or system, and the Director is unable to 
     identify the entity at risk that owns or operates the covered 
     device or system, the Director may issue a subpoena for the 
     production of information necessary to identify and notify 
     the entity at risk, in order to carry out a function 
     authorized under subsection (c)(12).
       ``(B) Limit on information.--A subpoena issued under the 
     authority under subparagraph (A) may seek information--
       ``(i) only in the categories set forth in subparagraphs 
     (A), (B), (D), and (E) of section 2703(c)(2) of title 18, 
     United States Code; and
       ``(ii) for not more than 20 covered devices or systems.
       ``(C) Liability protections for disclosing providers.--The 
     provisions of section 2703(e) of title 18, United States 
     Code, shall apply to any subpoena issued under the authority 
     under subparagraph (A).
       ``(3) Coordination.--
       ``(A) In general.--If the Director decides to exercise the 
     subpoena authority under this subsection, and in the interest 
     of avoiding interference with ongoing law enforcement 
     investigations, the Director shall coordinate the issuance of 
     any such subpoena with the Department of Justice, including 
     the Federal Bureau of Investigation, pursuant to inter-agency 
     procedures which the Director, in coordination with the 
     Attorney General, shall develop not later than 60 days after 
     the date of enactment of this subsection.
       ``(B) Contents.--The inter-agency procedures developed 
     under this paragraph shall provide that a subpoena issued by 
     the Director under this subsection shall be--
       ``(i) issued in order to carry out a function described in 
     subsection (c)(12); and
       ``(ii) subject to the limitations under this subsection.
       ``(4) Noncompliance.--If any person, partnership, 
     corporation, association, or entity fails to comply with any 
     duly served subpoena issued under this subsection, the 
     Director may request that the Attorney General seek 
     enforcement of the subpoena in any judicial district in which 
     such person, partnership, corporation, association, or entity 
     resides, is found, or transacts business.
       ``(5) Notice.--Not later than 7 days after the date on 
     which the Director receives information obtained through a 
     subpoena issued under this subsection, the Director shall 
     notify any entity identified by information obtained under 
     the subpoena regarding the subpoena and the identified 
     vulnerability.
       ``(6) Authentication.--
       ``(A) In general.--Any subpoena issued by the Director 
     under this subsection shall be authenticated with a 
     cryptographic digital signature of an authorized 
     representative of the Agency, or other comparable successor 
     technology, that allows the Agency to demonstrate that the 
     subpoena was issued by the Agency and has not been altered or 
     modified since it was issued by the Agency.
       ``(B) Invalid if not authenticated.--Any subpoena issued by 
     the Director under this

[[Page S3330]]

     subsection that is not authenticated in accordance with 
     subparagraph (A) shall not be considered to be valid by the 
     recipient of the subpoena.
       ``(7) Procedures.--Not later than 90 days after the date of 
     enactment of this subsection, the Director shall establish 
     internal procedures and associated training, applicable to 
     employees and operations of the Agency, regarding subpoenas 
     issued under this subsection, which shall address--
       ``(A) the protection of and restriction on dissemination of 
     nonpublic information obtained through a subpoena issued 
     under this subsection, including a requirement that the 
     Agency shall not disseminate nonpublic information obtained 
     through a subpoena issued under this subsection that 
     identifies the party that is subject to the subpoena or the 
     entity at risk identified by information obtained, except 
     that the Agency may share the nonpublic information of the 
     entity at risk with another Federal agency if--
       ``(i) the Agency identifies or is notified of a 
     cybersecurity incident involving the entity, which relates to 
     the vulnerability which led to the issuance of the subpoena;
       ``(ii) the Director determines that sharing the nonpublic 
     information with another Federal agency is necessary to allow 
     that Federal agency to take a law enforcement or national 
     security action or actions related to mitigating or otherwise 
     resolving such incident;
       ``(iii) the entity to which the information pertains is 
     notified of the Director's determination, to the extent 
     practicable consistent with national security or law 
     enforcement interests; and
       ``(iv) the entity consents, except that the entity's 
     consent shall not be required if another Federal agency 
     identifies the entity to the Agency in connection with a 
     suspected cybersecurity incident;
       ``(B) the restriction on the use of information obtained 
     through the subpoena for a cybersecurity purpose, as defined 
     in section 102 of the Cybersecurity Information Sharing Act 
     of 2015 (6 U.S.C. 1501);
       ``(C) the retention and destruction of nonpublic 
     information obtained through a subpoena issued under this 
     subsection, including--
       ``(i) destruction of information obtained through the 
     subpoena that the Director determines is unrelated to 
     critical infrastructure immediately upon providing notice to 
     the entity pursuant to paragraph (5); and
       ``(ii) destruction of any personally identifiable 
     information not later than 6 months after the date on which 
     the Director receives information obtained through the 
     subpoena, unless otherwise agreed to by the individual 
     identified by the subpoena respondent;
       ``(D) the processes for providing notice to each party that 
     is subject to the subpoena and each entity identified by 
     information obtained under a subpoena issued under this 
     subsection;
       ``(E) the processes and criteria for conducting critical 
     infrastructure security risk assessments to determine whether 
     a subpoena is necessary prior to being issued under this 
     subsection; and
       ``(F) the information to be provided to an entity at risk 
     at the time of the notice of the vulnerability, which shall 
     include--
       ``(i) a discussion or statement that responding to, or 
     subsequent engagement with, the Agency, is voluntary; and
       ``(ii) to the extent practicable, information regarding the 
     process through which the Director identifies security 
     vulnerabilities.
       ``(8) Limitation on procedures.--The internal procedures 
     established under paragraph (7) may not require an owner or 
     operator of critical infrastructure to take any action as a 
     result of a notice of vulnerability made pursuant to this 
     Act.
       ``(9) Review of procedures.--Not later than 1 year after 
     the date of enactment of this subsection, the Privacy Officer 
     of the Agency shall--
       ``(A) review the procedures developed by the Director under 
     paragraph (7) to ensure that--
       ``(i) the procedures are consistent with fair information 
     practices; and
       ``(ii) the operations of the Agency comply with the 
     procedures; and
       ``(B) notify the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives of the 
     results of the review.
       ``(10) Publication of information.--Not later than 120 days 
     after establishing the internal procedures under paragraph 
     (7), the Director shall publish information on the website of 
     the Agency regarding the subpoena process under this 
     subsection, including regarding--
       ``(A) the purpose for subpoenas issued under this 
     subsection;
       ``(B) the subpoena process;
       ``(C) the criteria for the critical infrastructure security 
     risk assessment conducted prior to issuing a subpoena;
       ``(D) policies and procedures on retention and sharing of 
     data obtained by subpoena;
       ``(E) guidelines on how entities contacted by the Director 
     may respond to notice of a subpoena; and
       ``(F) the procedures and policies of the Agency developed 
     under paragraph (7).
       ``(11) Annual reports.--The Director shall annually submit 
     to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives a report (which may include a 
     classified annex but with the presumption of 
     declassification) on the use of subpoenas under this 
     subsection by the Director, which shall include--
       ``(A) a discussion of--
       ``(i) the effectiveness of the use of subpoenas to mitigate 
     critical infrastructure security vulnerabilities;
       ``(ii) the critical infrastructure security risk assessment 
     process conducted for subpoenas issued under this subsection;
       ``(iii) the number of subpoenas issued under this 
     subsection by the Director during the preceding year;
       ``(iv) to the extent practicable, the number of vulnerable 
     covered devices or systems mitigated under this subsection by 
     the Agency during the preceding year; and
       ``(v) the number of entities notified by the Director under 
     this subsection, and their response, during the previous 
     year; and
       ``(B) for each subpoena issued under this subsection--
       ``(i) the source of the security vulnerability detected, 
     identified, or received by the Director;
       ``(ii) the steps taken to identify the entity at risk prior 
     to issuing the subpoena; and
       ``(iii) a description of the outcome of the subpoena, 
     including discussion on the resolution or mitigation of the 
     critical infrastructure security vulnerability.
       ``(12) Publication of the annual reports.--The Director 
     shall publish a version of the annual report required by 
     paragraph (11) on the website of the Agency, which shall, at 
     a minimum, include the findings described in clauses (iii), 
     (iv) and (v) of paragraph (11)(A).
       ``(13) Prohibition on use of information for unauthorized 
     purposes.--Any information obtained pursuant to a subpoena 
     issued under this subsection shall not be provided to any 
     other Federal agency for any purpose other than a 
     cybersecurity purpose, as defined in section 102 of the 
     Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
     1501).''.
       (b) Rules of Construction.--
       (1) Prohibition on new regulatory authority.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to grant the Secretary of Homeland Security (in 
     this subsection referred to as the ``Secretary''), or another 
     Federal agency, any authority to promulgate regulations or 
     set standards relating to the cybersecurity of private sector 
     critical infrastructure that was not in effect on the day 
     before the date of enactment of this Act.
       (2) Private entities.--Nothing in this section or the 
     amendments made by this section shall be construed to require 
     any private entity--
       (A) toto request assistance from the Secretary; or
       (B) that requested such assistance from the Secretary to 
     implement any measure or recommendation suggested by the 
     Secretary.
                                 ______
                                 
  SA 1808. Mr. COONS (for himself, Ms. Collins, Mrs. Capito, and Ms. 
Klobuchar) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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:

                    TITLE __--SUSTAINABLE CHEMISTRY

     SEC. __1. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE 
                   CHEMISTRY.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this title, the Director of the Office of 
     Science and Technology Policy shall convene an interagency 
     entity (referred to in this title as the ``Entity'') under 
     the National Science and Technology Council with the 
     responsibility to coordinate Federal programs and activities 
     in support of sustainable chemistry, including those 
     described in sections __3 and __4.
       (b) Coordination With Existing Groups.--In convening the 
     Entity, the Director of the Office of Science and Technology 
     Policy shall consider overlap and possible coordination with 
     existing committees, subcommittees, or other groups of the 
     National Science and Technology Council, such as--
       (1) the Committee on Environment;
       (2) the Committee on Technology;
       (3) the Committee on Science; or
       (4) related groups or subcommittees.
       (c) Co-chairs.--The Entity shall be co-chaired by the 
     Director of the Office of Science and Technology Policy and a 
     representative from the Environmental Protection Agency, the 
     National Institute of Standards and Technology, the National 
     Science Foundation, or the Department of Energy, as selected 
     by the Director of the Office of Science and Technology 
     Policy.
       (d) Agency Participation.--The Entity shall include 
     representatives, including subject matter experts, from the 
     Environmental Protection Agency, the National Institute of 
     Standards and Technology, the National Science Foundation, 
     the Department of Energy, the Department of Agriculture, the 
     Department of Defense, the National Institutes of Health, the 
     Centers for Disease Control and Prevention, the Food and Drug 
     Administration, and other related Federal agencies, as 
     appropriate.

[[Page S3331]]

       (e) Termination.--The Entity shall terminate on the date 
     that is 10 years after the date of enactment of this title.

     SEC. __2. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY.

       (a) Strategic Plan.--Not later than 2 years after the date 
     of enactment of this title, the Entity shall--
       (1) consult with relevant stakeholders, including 
     representatives from industry, academia, national labs, the 
     Federal Government, and international entities, to develop 
     and update, as needed, a consensus definition of 
     ``sustainable chemistry'' to guide the activities under this 
     title;
       (2) develop a working framework of attributes 
     characterizing and metrics for assessing sustainable 
     chemistry, as described in subsection (b);
       (3) assess the state of sustainable chemistry in the United 
     States as a key benchmark from which progress under the 
     activities described in this title can be measured, including 
     assessing key sectors of the United States economy, key 
     technology platforms, commercial priorities, and barriers to 
     innovation;
       (4) coordinate and support Federal research, development, 
     demonstration, technology transfer, commercialization, 
     education, and training efforts in sustainable chemistry, 
     including budget coordination and support for public-private 
     partnerships, as appropriate;
       (5) identify any Federal regulatory barriers to, and 
     opportunities for, Federal agencies facilitating the 
     development of incentives for development, consideration and 
     use of sustainable chemistry processes and products;
       (6) identify major scientific challenges, roadblocks, or 
     hurdles to transformational progress in improving the 
     sustainability of the chemical sciences; and
       (7) review, identify, and make effort to eliminate 
     duplicative Federal funding and duplicative Federal research 
     in sustainable chemistry.
       (b) Characterizing and Assessing Sustainable Chemistry.--
     The Entity shall develop a working framework of attributes 
     characterizing and metrics for assessing sustainable 
     chemistry for the purposes of carrying out the title. In 
     developing this framework, the Entity shall--
       (1) seek advice and input from stakeholders as described in 
     subsection (c);
       (2) consider existing definitions of, or frameworks 
     characterizing and metrics for assessing, sustainable 
     chemistry already in use at Federal agencies;
       (3) consider existing definitions of, or frameworks 
     characterizing and metrics for assessing, sustainable 
     chemistry already in use by international organizations of 
     which the United States is a member, such as the Organisation 
     for Economic Co-operation and Development; and
       (4) consider any other appropriate existing definitions of, 
     or frameworks characterizing and metrics for assessing, 
     sustainable chemistry.
       (c) Consultation.--In carrying out the duties described in 
     subsections (a) and (b), the Entity shall consult with 
     stakeholders qualified to provide advice and information to 
     guide Federal activities related to sustainable chemistry 
     through workshops, requests for information, or other 
     mechanisms as necessary. The stakeholders shall include 
     representatives from--
       (1) business and industry (including trade associations and 
     small- and medium-sized enterprises from across the value 
     chain);
       (2) the scientific community (including the National 
     Academies of Sciences, Engineering, and Medicine, scientific 
     professional societies, national labs, and academia);
       (3) the defense community;
       (4) State, tribal, and local governments, including 
     nonregulatory State or regional sustainable chemistry 
     programs, as appropriate;
       (5) nongovernmental organizations; and
       (6) other appropriate organizations.
       (d) Report to Congress.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Entity shall submit a report to 
     the Committee on Environment and Public Works, the Committee 
     on Commerce, Science, and Transportation, and the Committee 
     on Appropriations of the Senate, and the Committee on 
     Science, Space, and Technology, the Committee on Energy and 
     Commerce, and the Committee on Appropriations of the House of 
     Representatives. In addition to the elements described in 
     subsections (a) and (b), the report shall include--
       (A) a summary of federally funded, sustainable chemistry 
     research, development, demonstration, technology transfer, 
     commercialization, education, and training activities;
       (B) a summary of the financial resources allocated to 
     sustainable chemistry initiatives by each participating 
     agency;
       (C) an assessment of the current state of sustainable 
     chemistry in the United States, including the role that 
     Federal agencies are playing in supporting it;
       (D) an analysis of the progress made toward achieving the 
     goals and priorities of this Act, and recommendations for 
     future program activities;
       (E) an evaluation of steps taken and future strategies to 
     avoid duplication of efforts, streamline interagency 
     coordination, facilitate information sharing, and spread best 
     practices among participating agencies; and
       (F) an evaluation of duplicative Federal funding and 
     duplicative Federal research in sustainable chemistry, 
     efforts undertaken by the Entity to eliminate duplicative 
     funding and research, and recommendations on how to achieve 
     these goals.
       (2) Submission to gao.--The Entity shall also submit the 
     report described in paragraph (1) to the Comptroller General 
     of the United States for consideration in future 
     Congressional inquiries.
       (3) Additional reports.--The Entity shall submit a report 
     to Congress and the Comptroller General of the United States 
     that incorporates the information described in subparagraphs 
     (A), (B), (D), (E), and (F) of paragraph (1) every 3 years, 
     commencing after the initial report is submitted until the 
     Entity terminates.

     SEC. __3. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE 
                   CHEMISTRY.

       (a) In General.--The agencies participating in the Entity 
     shall carry out activities in support of sustainable 
     chemistry, as appropriate to the specific mission and 
     programs of each agency.
       (b) Activities.--The activities described in subsection (a) 
     shall--
       (1) incorporate sustainable chemistry into existing 
     research, development, demonstration, technology transfer, 
     commercialization, education, and training programs, that the 
     agency determines to be relevant, including consideration 
     of--
       (A) merit-based competitive grants to individual 
     investigators and teams of investigators, including, to the 
     extent practicable, early career investigators for research 
     and development;
       (B) grants to fund collaborative research and development 
     partnerships among universities, industry, and nonprofit 
     organizations;
       (C) coordination of sustainable chemistry research, 
     development, demonstration, and technology transfer conducted 
     at Federal laboratories and agencies;
       (D) incentive prize competitions and challenges in 
     coordination with such existing Federal agency programs; and
       (E) grants, loans, and loan guarantees to aid in the 
     technology transfer and commercialization of sustainable 
     chemicals, materials, processes, and products;
       (2) collect and disseminate information on sustainable 
     chemistry research, development, technology transfer, and 
     commercialization, including information on accomplishments 
     and best practices;
       (3) expand the education and training of students at 
     appropriate levels of education, professional scientists and 
     engineers, and other professionals involved in all aspects of 
     sustainable chemistry and engineering appropriate to that 
     level of education and training, including through--
       (A) partnerships with industry as described in section __4;
       (B) support for the integration of sustainable chemistry 
     principles into chemistry and chemical engineering curriculum 
     and research training, as appropriate to that level of 
     education and training; and
       (C) support for integration of sustainable chemistry 
     principles into existing or new professional development 
     opportunities for professionals including teachers, faculty, 
     and individuals involved in laboratory research (product 
     development, materials specification and testing, life cycle 
     analysis, and management);
       (4) as relevant to an agency's programs, examine methods by 
     which the Federal agencies, in collaboration and consultation 
     with the National Institute of Standards and Technology, may 
     facilitate the development or recognition of validated, 
     standardized tools for performing sustainability assessments 
     of chemistry processes or products;
       (5) through programs identified by an agency, support 
     (including through technical assistance, participation, 
     financial support, communications tools, awards, or other 
     forms of support) outreach and dissemination of sustainable 
     chemistry advances such as non-Federal symposia, forums, 
     conferences, and publications in collaboration with, as 
     appropriate, industry, academia, scientific and professional 
     societies, and other relevant groups;
       (6) provide for public input and outreach to be integrated 
     into the activities described in this section by the 
     convening of public discussions, through mechanisms such as 
     public meetings, consensus conferences, and educational 
     events, as appropriate;
       (7) within each agency, develop or adapt metrics to track 
     the outputs and outcomes of the programs supported by that 
     agency; and
       (8) incentivize or recognize actions that advance 
     sustainable chemistry products, processes, or initiatives, 
     including through the establishment of a nationally 
     recognized awards program through the Environmental 
     Protection Agency to identify, publicize, and celebrate 
     innovations in sustainable chemistry and chemical 
     technologies.
       (c) Limitations .--Financial support provided under this 
     section shall--
       (1) be available only for pre-competitive activities; and
       (2) not be used to promote the sale of a specific product, 
     process, or technology, or to disparage a specific product, 
     process, or technology.

     SEC. __4. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY.

       (a) In General.--The agencies participating in the Entity 
     may facilitate and support, through financial, technical, or 
     other assistance, the creation of partnerships between 
     institutions of higher education, nongovernmental 
     organizations, consortia, or companies across the value chain 
     in the

[[Page S3332]]

     chemical industry, including small- and medium-sized 
     enterprises, to--
       (1) create collaborative sustainable chemistry research, 
     development, demonstration, technology transfer, and 
     commercialization programs; and
       (2) train students and retrain professional scientists, 
     engineers, and others involved in materials specification on 
     the use of sustainable chemistry concepts and strategies by 
     methods, including--
       (A) developing or recognizing curricular materials and 
     courses for undergraduate and graduate levels and for the 
     professional development of scientists, engineers, and others 
     involved in materials specification; and
       (B) publicizing the availability of professional 
     development courses in sustainable chemistry and recruiting 
     professionals to pursue such courses.
       (b) Private Sector Participation.--To be eligible for 
     support under this section, a partnership in sustainable 
     chemistry shall include at least one private sector 
     organization.
       (c) Selection of Partnerships.--In selecting partnerships 
     for support under this section, the agencies participating in 
     the Entity shall also consider the extent to which the 
     applicants are willing and able to demonstrate evidence of 
     support for, and commitment to, the goals outlined in the 
     strategic plan and report described in section __2.
       (d) Prohibited Use of Funds.--Financial support provided 
     under this section may not be used--
       (1) to support or expand a regulatory chemical management 
     program at an implementing agency under a State law;
       (2) to construct or renovate a building or structure; or
       (3) to promote the sale of a specific product, process, or 
     technology, or to disparage a specific product, process, or 
     technology.

     SEC. __5. PRIORITIZATION.

       In carrying out this Act, the Entity shall focus its 
     support for sustainable chemistry activities on those that 
     achieve, to the highest extent practicable, the goals 
     outlined in the title.

     SEC. __6. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed to alter or amend 
     any State law or action with regard to sustainable chemistry, 
     as defined by the State.

     SEC. __7. MAJOR MULTI-USER RESEARCH FACILITY PROJECT.

       Section 110 of the American Innovation and Competitiveness 
     Act (42 U.S.C. 1862s-2) is amended by striking (g)(2) and 
     inserting the following:
       ``(2) Major multi-user research facility project.--The term 
     `major multi-user research facility project' means a science 
     and engineering facility project that exceeds $100,000,000 in 
     total construction, acquisition, or upgrade costs to the 
     Foundation.''.
                                 ______
                                 
  SA 1809. Mr. HAWLEY (for Mr. Lankford) proposed an amendment to the 
bill S. 2163, to establish the Commission on the Social Status of Black 
Men and Boys, to study and make recommendations to address social 
problems affecting Black men and boys, and for other purposes; as 
follows:

       At the end of section 2, add the following:
       (c) Membership by Political Party.--If after the Commission 
     is appointed there is a partisan imbalance of Commission 
     members, the congressional leaders of the political party 
     with fewer members on the Commission shall jointly name 
     additional members to create partisan parity on the 
     Commission.
                                 ______
                                 
  SA 1810. Mr. TOOMEY (for Mr. Lee (for himself and Mr. Durbin)) 
proposed an amendment to the resolution S. Res. 579, encouraging the 
international community to remain committed to collaboration and 
coordination to mitigate and prevent the further spread of COVID-19 and 
urging renewed United States leadership and participation in global 
efforts on therapeutics and vaccine development and delivery to address 
COVID-19 and prevent further deaths, and for other purposes; as 
follows:

       Strike all after the resolving clause and insert the 
     following: ``That the Senate--
       (1) recognizes the historic leadership role of the United 
     States in stemming global health crises in the past;
       (2) commends the historic achievements of the international 
     community to address global public health threats, such as 
     the eradication of smallpox and dramatic progress in reducing 
     cases of polio;
       (3) encourages the international community to remain 
     committed to collaboration and coordination to mitigate and 
     prevent the further spread of COVID-19;
       (4) commends the promising research and development 
     underway to develop COVID-19 diagnostics, therapies, and 
     vaccines within the United States and with support from the 
     Federal government, public-private partnerships, and 
     commercial partners;
       (5) acknowledges the vast international research enterprise 
     and collaboration underway to study an expansive range of 
     drug and vaccine candidates;
       (6) urges renewed United States leadership and 
     participation in global efforts on therapeutics and vaccine 
     development and delivery to address COVID-19 and prevent 
     further American deaths; and
       (7) calls on the United States Government to strengthen 
     collaboration with key partners at the forefront of 
     responding to COVID-19.
                                 ______
                                 
  SA 1811. Mr. TOOMEY (for Mr. Lee (for himself and Mr. Durbin)) 
proposed an amendment to the resolution S. Res. 579, encouraging the 
international community to remain committed to collaboration and 
coordination to mitigate and prevent the further spread of COVID-19 and 
urging renewed United States leadership and participation in global 
efforts on therapeutics and vaccine development and delivery to address 
COVID-19 and prevent further deaths, and for other purposes; as 
follows:

       Strike the preamble and insert the following:
       Whereas there is a rich history of coordinated global 
     health collaboration and coordination, dating back to 1851, 
     to strategically and effectively combat deadly diseases of 
     the time, such as the spread of plague;
       Whereas the United States has long been an active and 
     critical leader in such global public health efforts, 
     providing financial and technical support to multilateral 
     institutions, foreign governments, and nongovernmental 
     organizations;
       Whereas international collaboration has led to a number of 
     historic global health achievements, including the 
     eradication of smallpox, the reduction of polio cases by 99 
     percent, the elimination of river blindness, the decline in 
     maternal and child mortality, the recognition of tobacco use 
     as a health hazard, and countless others;
       Whereas there has been bipartisan support in the United 
     States to lead efforts to address global health needs, as 
     evidenced by initiatives such as the President's Emergency 
     Plan for AIDS Relief (PEPFAR) and the President's Malaria 
     Initiative;
       Whereas the United States led the global effort to end the 
     Ebola outbreak in West Africa between 2014 and 2016;
       Whereas these bipartisan investments in global health have 
     helped not only save countless lives around the world, but 
     also at home in the United States;
       Whereas an outbreak of coronavirus disease 2019 (COVID-19) 
     in Wuhan, China was first reported in December 2019, with a 
     global pandemic declaration by the World Health Organization 
     on March 11, 2020;
       Whereas, according to the Centers for Disease Control and 
     Protection, more than 116,000 individuals in the United 
     States are known to have died due to COVID-19 as of June 17, 
     2020, and a long-term, sustainable solution will require 
     international access to a vaccine;
       Whereas the COVID-19 outbreak continues to place extreme 
     pressure on health care systems and supply chains worldwide, 
     impacting international travel, trade, and all other aspects 
     of international exchanges, and requires a coordinated global 
     effort to respond;
       Whereas the interconnectivity of our globalized world means 
     an infectious disease can travel around the world in as 
     little as 36 hours;
       Whereas United States Federal departments and agencies have 
     engaged in and supported certain research and clinical trial 
     efforts into coronaviruses, which may yield potential 
     discoveries related to vaccine candidates;
       Whereas domestic and domestically supported vaccine 
     candidates for COVID-19 comprise approximately 40 percent of 
     the current potential COVID-19 vaccine candidates worldwide;
       Whereas international collaboration and coordination can 
     help ensure equitable access to safe, effective, and 
     affordable therapeutics and vaccines, thereby saving the 
     lives of Americans and others around the world;
       Whereas the Coalition for Epidemic Preparedness Innovations 
     is working to accelerate the development of vaccines against 
     emerging infectious diseases, including COVID-19, and to 
     enable equitable access to these vaccines for people during 
     outbreaks;
       Whereas, on May 4, 2020, the President of the European 
     Commission led a virtual summit where nations around the 
     world pledged more than $8,000,000,000 to quickly develop 
     vaccines and treatment to fight COVID-19;
       Whereas Gavi, the Vaccine Alliance, is working to maintain 
     ongoing immunization programs in partner countries while 
     helping to identify and rapidly accelerate the development, 
     production, and equitable delivery of COVID-19 vaccines; and
       Whereas, on June 4, 2020, the United Kingdom hosted a 
     pledging conference for Gavi, the Vaccine Alliance, for which 
     the United States made an historic $1,160,000,000 multi-year 
     commitment: Now, therefore, be it
                                 ______
                                 
  SA 1812. Mr. TOOMEY (for Mr. Lee (for himself and Mr. Durbin)) 
proposed an amendment to the resolution S. Res. 579, encouraging the 
international community to remain committed to collaboration and 
coordination to mitigate and prevent the further spread of COVID-19 and 
urging renewed United States leadership and participation in global 
efforts on therapeutics and vaccine development and delivery to address 
COVID-19 and prevent further deaths, and for other purposes; as 
follows:


[[Page S3333]]


  

       Amend the title so as to read: ``A resolution encouraging 
     the international community to remain committed to 
     collaboration and coordination to mitigate and prevent the 
     further spread of COVID-19 and urging renewed United States 
     leadership and participation in global efforts on 
     therapeutics and vaccine development and delivery to address 
     COVID-19 and prevent further deaths, and for other 
     purposes.''.
                                 ______
                                 
  SA 1813. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1242. SENSE OF SENATE ON THE IMPORTANCE OF GERMANY TO 
                   THE NORTH ATLANTIC TREATY ORGANIZATION ALLIANCE 
                   AND THE UNITED STATES AND ON THE CRITICAL 
                   REQUIREMENTS TO MAINTAIN ROBUST UNITED STATES 
                   MILITARY FORCES IN GERMANY.

       (a) Findings.--The Senate makes the following findings:
       (1) The North Atlantic Treaty Organization (NATO) alliance 
     is a groundbreaking political and military alliance that 
     ensures freedom and democracy through shared values for all 
     30 member states of the alliance.
       (2) NATO continues to expand, with its newest member, North 
     Macedonia, joining in 2020, showing the continued desire by 
     European nations to join the alliance.
       (3) Germany is a longtime member and a strong ally within 
     NATO and a great friend to the United States.
       (4) While all NATO member nations contribute critical 
     capabilities to the alliance, the Senate encourages all 
     allies within NATO to reach the goal of spending a minimum of 
     2.0 percent of their Gross Domestic Product on defense 
     spending as soon as possible to strengthen the alliance even 
     more.
       (5) Germany currently spends roughly 1.54 percent of its 
     Gross Domestic Product on defense. As the strongest economy 
     in Europe, the Senate urges Germany to expedite its timeline 
     to meet the 2.0 percent NATO goal.
       (6) On March 15, 1967, Stuttgart-Vaihingen, Germany, was 
     selected as the permanent location for the headquarters of 
     the United States European Command.
       (7) Since its inception, the United States European Command 
     has supported more than 200 named operations and has deployed 
     forces in support of operations and training throughout 
     Europe, Southwest Asia, and Israel.
       (8) On October 1, 2008, the United States established the 
     United States Africa Command in Stuttgart, Germany.
       (9) The United States has approximately 35,000 troops 
     stationed within Germany supporting operations for two United 
     States combatant commands and the NATO alliance.
       (10) The presence of United States military forces in 
     Germany is a strong deterrent against Russian aggression in 
     Europe and strengthens the capability of NATO.
       (11) Germany is one of the Unites States' closest and 
     strongest European allies with both countries sharing common 
     trading partners, institutions, and friendships.
       (b) Sense of Senate.--It is the sense of the Senate that 
     Germany--
       (1) continues to be a strong ally to the NATO alliance and 
     a great friend to the United States;
       (2) serves as a strategic location for United States 
     military forces that serve as a strong deterrent against 
     Russian military aggression and expansion within Europe; and
       (3) remains a vital political, economic, and security 
     partner which is critical to our continued prosperity and 
     stability.
                                 ______
                                 
  SA 1814. Mr. RUBIO (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. SECURE AND TRUSTED TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (F) the Committee on Appropriations of the Senate;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives;
       (J) the Committee on Armed Services of the House of 
     Representatives;
       (K) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (L) the Committee on Appropriations of the House of 
     Representatives.
       (2) Fifth-generation wireless network.--The term ``fifth-
     generation wireless network'' means a radio network as 
     described by the 3rd Generation Partnership Project (3GPP) 
     Release 15 or higher.
       (b) Supporting the Development and Adoption of Secure and 
     Trusted Technologies Among Intelligence Allies and 
     Partners.--
       (1) Communications technology security and innovation 
     fund.--
       (A) Establishment of fund.--
       (i) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Communications 
     Technology Security and Innovation Fund'' (referred to in 
     this paragraph as the ``Security Fund'').
       (ii) Administration.--The Director of the Intelligence 
     Advanced Research Projects Activity shall administer the 
     Security Fund.
       (iii) Contents of fund.--

       (I) In general.--The fund shall consist of--

       (aa) amounts appropriated pursuant to the authorization of 
     appropriations under paragraph (3)(A); and
       (bb) such other amounts as may be appropriated or otherwise 
     made available to the Director of the Intelligence Advanced 
     Research Projects Activity to be deposited in the Security 
     Fund.

       (II) Availability.--

       (aa) In general.--Amounts deposited in the Security Fund 
     shall remain available through the end of the tenth fiscal 
     year beginning after the date of the enactment of this Act.
       (bb) Remainder to treasury.--Any amounts remaining in the 
     Security Fund after the end of the tenth fiscal year 
     beginning after the date of the enactment of this Act shall 
     be deposited in the general fund of the Treasury.
       (iv) Use of amounts.--Amounts deposited in the Security 
     Fund shall be available to the Director of the Intelligence 
     Advanced Research Projects Activity to award grants under 
     subparagraph (B).
       (B) Grants.--
       (i) In general.--The Director of the Intelligence Advanced 
     Research Projects Activity shall award grants to support 
     research and the commercial application of such research, 
     including in the following areas:

       (I) Promoting the development of technology, including 
     software, hardware, and microprocessing technology, that will 
     enhance competitiveness in fifth-generation (commonly known 
     as ``5G'') and successor wireless technology supply chains.
       (II) Accelerating development and deployment of open 
     interface, standards-based compatible interoperable 
     equipment, such as equipment developed pursuant to the 
     standards set forth by organizations such as the O-RAN 
     Alliance, the Telecom Infra Project, 3GPP, the O-RAN Software 
     Community, or any successor organizations.
       (III) Promoting compatibility of new fifth-generation 
     wireless network equipment with future open standards-based 
     interoperable equipment.
       (IV) Managing integration of multivendor network 
     environments.
       (V) Objective criteria to define equipment as compliant 
     with open standards for multivendor network equipment 
     interoperability.
       (VI) Promoting development and inclusion of security 
     features enhancing the integrity and availability of 
     equipment in multivendor networks.
       (VII) Promoting the application of network function 
     virtualization to facilitate multivendor interoperability and 
     a more diverse vendor market.

       (ii) Amount.--

       (I) In general.--Subject to subclause (II), a grant awarded 
     under clause (i) shall be in such amount as the Director of 
     the Intelligence Advanced Research Projects Activity consider 
     appropriate.
       (II) Limitation on grant amounts.--The amount of a grant 
     awarded under this paragraph to a recipient for a specific 
     research focus area may not exceed $100,000,000.

       (iii) Criteria.--The Director of the Intelligence Advanced 
     Research Projects Activity, in consultation with the 
     Secretary of Defense, the Assistant Secretary of Commerce for 
     Communications and Information, the Director of the National 
     Institute of Standards and Technology, and the Secretary of 
     Homeland Security, shall establish criteria for grants 
     awarded under clause (i).
       (iv) Timing.--Not later than 1 year after the date of the 
     enactment of this Act, the Director of the Intelligence 
     Advanced Research Projects Activity shall begin awarding 
     grants under clause (i).
       (C) Federal advisory body.--
       (i) Establishment.--The Director of the Intelligence 
     Advanced Research Projects Activity shall establish a Federal 
     advisory committee, in accordance with the Federal Advisory 
     Committee Act (5 U.S.C. App.), composed of government and 
     private sector experts, to advise the Director of the 
     Intelligence Advanced Research Projects Activity on the 
     administration of the Security Fund.
       (ii) Composition.--The advisory committee established under 
     clause (i) shall be composed of--

[[Page S3334]]

       (I) representatives from--

       (aa) the Federal Communications Commission;
       (bb) the National Institute of Standards and Technology;
       (cc) the Department of Defense;
       (dd) the Department of State;
       (ee) the National Science Foundation; and
       (ff) the Department of Homeland Security; and

       (II) other representatives from the private and public 
     sectors, at the discretion of the Security Fund.

       (iii) Duties.--The advisory committee established under 
     clause (i) shall advise the Director of the Intelligence 
     Advanced Research Projects Activity on technology 
     developments to help inform--

       (I) the strategic direction of the Security Fund; and
       (II) efforts of the Federal Government to promote a more 
     secure, diverse, sustainable, and competitive supply chain.

       (D) Reports to congress.--
       (i) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of the 
     Intelligence Advanced Research Projects Activity shall submit 
     to the appropriate committees of Congress a report with--

       (I) additional recommendations on promoting the 
     competitiveness and sustainability of trusted suppliers in 
     the wireless supply chain; and
       (II) any additional authorities needed to facilitate the 
     timely adoption of open standards-based equipment, including 
     authority to provide loans, loan guarantees, and other forms 
     of credit extension that would maximize the use of designated 
     funds.

       (ii) Annual report.--For each fiscal year for which amounts 
     in the Security Fund are available under this paragraph, the 
     Director of the Intelligence Advanced Research Projects 
     Activity shall submit to Congress a report that--

       (I) describes how, and to whom, grants have been awarded 
     under subparagraph (B);
       (II) details the progress of the Director of the 
     Intelligence Advanced Research Projects Activity in meeting 
     the objectives described in subparagraph (B)(i); and
       (III) includes such other information as the Director of 
     the Intelligence Advanced Research Projects Activity 
     determine appropriate.

       (2) Multilateral telecommunications security fund.--
       (A) Establishment of fund.--
       (i) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Multilateral 
     Telecommunications Security Fund'' (in this section referred 
     to as the ``Multilateral Fund'').
       (ii) Administration.--The Director of National Intelligence 
     and the Secretary of Defense shall jointly administer the 
     Multilateral Fund.
       (iii) Use of amounts.--Amounts in the Multilateral Fund 
     shall be used to establish the common funding mechanism 
     required by subparagraph (B).
       (iv) Contents of fund.--

       (I) In general.--The Multilateral Fund shall consist of 
     amounts appropriated pursuant to the authorization of 
     appropriations under paragraph (3)(B) and such other amounts 
     as may be appropriated or otherwise made available to the 
     Director and the Secretary to be deposited in the 
     Multilateral Fund.
       (II) Availability.--

       (aa) In general.--Amounts deposited in the Multilateral 
     Fund shall remain available through fiscal year 2031.
       (bb) Remainder to treasury.--Any amounts remaining in the 
     Fund after fiscal year 2031 shall be deposited in the General 
     Fund of the Treasury.
       (B) Multilateral common funding mechanism.--
       (i) In general.--The Director and the Secretary shall 
     jointly, in coordination with foreign partners, establish a 
     common funding mechanism that uses amounts from the 
     Multilateral Fund to support the development and adoption of 
     secure and trusted telecommunications technologies in key 
     markets globally.
       (ii) Consultation required.--The Director and the Secretary 
     shall carry out clause (i) in consultation with the 
     following:

       (I) The Federal Communications Commission.
       (II) The Secretary of State.
       (III) The Assistant Secretary of Commerce for 
     Communications and Information.
       (IV) The Director of the Intelligence Advanced Research 
     Projects Activity.
       (V) The Under Secretary of Commerce for Standards and 
     Technology.

       (C) Annual report to congress.--
       (i) In general.--Not later than 1 year after the date of 
     the enactment of this Act and not less frequently than once 
     each fiscal year thereafter until fiscal year 2031, the 
     Director and the Secretary shall jointly submit to the 
     appropriate committees of Congress an annual report on the 
     Multilateral Fund and the use of amounts under subparagraph 
     (B).
       (ii) Contents.--Each report submitted under clause (i) 
     shall include, for the fiscal year covered by the report, the 
     following:

       (I) Any funding commitments from foreign partners, 
     including each specific amount committed.
       (II) Governing criteria for use of the amounts in the 
     Multilateral Fund.
       (III) An account of--

       (aa) how, and to whom, funds have been deployed;
       (bb) amounts remaining in the Multilateral Fund; and
       (cc) the progress of the Director and the Secretary in 
     meeting the objective described in subparagraph (B)(i).

       (IV) Such recommendations for legislative or administrative 
     action as the Director and the Secretary may have to enhance 
     the effectiveness of the Multilateral Fund in achieving the 
     security goals of the United States.

       (3) Authorization of appropriations.--
       (A) Communications technology security and innovation 
     fund.--There is authorized to be appropriated to carry out 
     paragraph (1) $750,000,000 for the period of fiscal years 
     2021 through 2031.
       (B) Multilateral telecommunications security fund.--There 
     is authorized to be appropriated to carry out paragraph (2) 
     $750,000,000 for the period of fiscal years 2021 through 
     2031.
       (c) Exposing Political Pressure in International Standards-
     setting Bodies That Set Standards for Fifth-generation 
     Wireless Networks.--
       (1) Report required.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report on political pressure within international 
     forums that set standards for fifth-generation wireless 
     networks and for future generations of wireless networks, 
     including--
       (i) the International Telecommunication Union (ITU);
       (ii) the International Organization for Standardization 
     (ISO);
       (iii) the Inter-American Telecommunication Commission 
     (CITEL); and
       (iv) the voluntary standards organizations that develop 
     protocols for wireless devices and other equipment, such as 
     the 3rd Generation Partnership Project (3GPP) and the 
     Institute of Electrical and Electronics Engineers (IEEE).
       (B) Form.--The report submitted under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (2) Consultation required.--The Director and the Secretary 
     shall carry out paragraph (1) in consultation with the 
     following:
       (A) The Federal Communications Commission.
       (B) The Secretary of State.
       (C) The Assistant Secretary of Commerce for Communications 
     and Information.
       (D) The Secretary of Defense.
       (E) The Director of National Intelligence.
       (F) The Under Secretary of Commerce for Standards and 
     Technology.
                                 ______
                                 
  SA 1815. Mr. RUBIO (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2021

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
              law.
Sec. 303. Clarification of authorities and responsibilities of National 
              Manager for National Security Telecommunications and 
              Information Systems Security.
Sec. 304. Continuity of operations plans for certain elements of the 
              intelligence community in the case of a national 
              emergency.
Sec. 305. Application of Executive Schedule level III to position of 
              Director of National Reconnaissance Office.
Sec. 306. National Intelligence University.
Sec. 307. Requiring facilitation of establishment of Social Media Data 
              and Threat Analysis Center.
Sec. 308. Data collection on attrition in intelligence community.
Sec. 309. Limitation on delegation of responsibility for program 
              management of information-sharing environment.
Sec. 310. Improvements to provisions relating to intelligence community 
              information technology environment.

[[Page S3335]]

Sec. 311. Requirements and authorities for Director of the Central 
              Intelligence Agency to improve education in science, 
              technology, engineering, arts, and mathematics.

    Subtitle B--Reports and Assessments Pertaining to Intelligence 
                               Community

Sec. 321. Assessment by the Comptroller General of the United States on 
              efforts of the intelligence community and the Department 
              of Defense to identify and mitigate risks posed to the 
              intelligence community and the Department by the use of 
              direct-to-consumer genetic testing by the Government of 
              the People's Republic of China.
Sec. 322. Report on use by intelligence community of hiring 
              flexibilities and expedited human resources practices to 
              assure quality and diversity in the workforce of the 
              intelligence community.
Sec. 323. Report on signals intelligence priorities and requirements.
Sec. 324. Assessment of demand for student loan repayment program 
              benefit.
Sec. 325. Assessment of intelligence community demand for child care.
Sec. 326. Open source intelligence strategies and plans for the 
              intelligence community.

          TITLE IV--SECURITY CLEARANCES AND TRUSTED WORKFORCE

Sec. 401. Exclusivity, consistency, and transparency in security 
              clearance procedures, and right to appeal.
Sec. 402. Establishing process parity for security clearance 
              revocations.
Sec. 403. Federal policy on sharing of derogatory information 
              pertaining to contractor employees in the trusted 
              workforce.

                   TITLE V--REPORTS AND OTHER MATTERS

Sec. 501. Report on attempts by foreign adversaries to build 
              telecommunications and cybersecurity equipment and 
              services for, or to provide such equipment and services 
              to, certain allies of the United States.
Sec. 502. Report on threats posed by use by foreign governments and 
              entities of commercially available cyber intrusion and 
              surveillance technology.
Sec. 503. Reports on recommendations of the Cyberspace Solarium 
              Commission.
Sec. 504. Assessment of critical technology trends relating to 
              artificial intelligence, microchips, and semiconductors 
              and related supply chains.
Sec. 505. Combating Chinese influence operations in the United States 
              and strengthening civil liberties protections.
Sec. 506. Annual report on corrupt activities of senior officials of 
              the Chinese Communist Party.
Sec. 507. Report on corrupt activities of Russian and other Eastern 
              European oligarchs.
Sec. 508. Report on biosecurity risk and disinformation by the Chinese 
              Communist Party and the Government of the People's 
              Republic of China.
Sec. 509. Report on effect of lifting of United Nations arms embargo on 
              Islamic Republic of Iran.
Sec. 510. Report on Iranian activities relating to nuclear 
              nonproliferation.
Sec. 511. Sense of Congress on Third Option Foundation.

     DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2021

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2021''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

     SEC. 2. DEFINITIONS.

       In this division:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in such section.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2021 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the elements listed in paragraphs 
     (1) through (16) of section 101, are those specified in the 
     classified Schedule of Authorizations prepared to accompany 
     this division.
       (b) Availability of Classified Schedule of 
     Authorizations.--
       (1) Availability.--The classified Schedule of 
     Authorizations referred to in subsection (a) shall be made 
     available to the Committee on Appropriations of the Senate, 
     the Committee on Appropriations of the House of 
     Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations referred to in 
     subsection (a), or of appropriate portions of such Schedule, 
     within the executive branch of the Federal Government.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     3306(a));
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2021 the sum of $731,200,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2021 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2021.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this division shall 
     not be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this division for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 303. CLARIFICATION OF AUTHORITIES AND RESPONSIBILITIES 
                   OF NATIONAL MANAGER FOR NATIONAL SECURITY 
                   TELECOMMUNICATIONS AND INFORMATION SYSTEMS 
                   SECURITY.

       In carrying out the authorities and responsibilities of the 
     National Manager for National Security Telecommunications and 
     Information Systems Security under National Security 
     Directive 42 (signed by the President on July 5, 1990), the 
     National Manager shall not supervise, oversee, or execute, 
     either directly or indirectly, any aspect of the National 
     Intelligence Program.

     SEC. 304. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS 
                   OF THE INTELLIGENCE COMMUNITY IN THE CASE OF A 
                   NATIONAL EMERGENCY.

       (a) Definition of Covered National Emergency.--In this 
     section, the term ``covered national emergency'' means the 
     following:
       (1) A major disaster declared by the President under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170).
       (2) An emergency declared by the President under section 
     501 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191).
       (3) A national emergency declared by the President under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.).
       (4) A public health emergency declared under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d).
       (b) In General.--The Director of National Intelligence, the 
     Director of the Central Intelligence Agency, the Director of 
     the National Reconnaissance Office, the Director of the 
     Defense Intelligence Agency, the Director of the National 
     Security Agency, and the

[[Page S3336]]

     Director of the National Geospatial-Intelligence Agency shall 
     each establish continuity of operations plans for use in the 
     case of covered national emergencies for the element of the 
     intelligence community concerned.
       (c) Submission to Congress.--
       (1) Director of national intelligence and director of the 
     central intelligence agency.--Not later than 7 days after the 
     date on which a covered national emergency is declared, the 
     Director of National Intelligence and the Director of the 
     Central Intelligence Agency shall each submit to the 
     congressional intelligence committees the plan established 
     under subsection (b) for that emergency for the element of 
     the intelligence community concerned.
       (2) Director of national reconnaissance office, director of 
     defense intelligence agency, director of national security 
     agency, and director of national geospatial-intelligence 
     agency.--Not later than 7 days after the date on which a 
     covered national emergency is declared, the Director of the 
     National Reconnaissance Office, the Director of the Defense 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each submit the plan established 
     under subsection (b) for that emergency for the element of 
     the intelligence community concerned to the following:
       (A) The congressional intelligence committees.
       (B) The Committee on Armed Services of the Senate.
       (C) The Committee on Armed Services of the House of 
     Representatives.
       (d) Updates.--During a covered national emergency, the 
     Director of National Intelligence, the Director of the 
     Central Intelligence Agency, the Director of the National 
     Reconnaissance Office, the Director of the Defense 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each submit any updates to the 
     plans submitted under subsection (c)--
       (1) in accordance with that subsection; and
       (2) in a timely manner consistent with section 501 of the 
     National Security Act of 1947 (50 U.S.C. 3091).

     SEC. 305. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO 
                   POSITION OF DIRECTOR OF NATIONAL RECONNAISSANCE 
                   OFFICE.

       Section 5314 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``Director of the National Reconnaissance Office.''.

     SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY.

       (a) In General.--Title X of the National Security Act of 
     1947 (50 U.S.C. 3191 et seq.) is amended by adding at the end 
     the following:

             ``Subtitle D--National Intelligence University

     ``SEC. 1031. TRANSFER DATE.

       ``In this subtitle, the term `transfer date' means the date 
     on which the National Intelligence University is transferred 
     from the Defense Intelligence Agency to the Director of 
     National Intelligence under section 5324(a) of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92).

     ``SEC. 1032. DEGREE-GRANTING AUTHORITY.

       ``(a) In General.--Beginning on the transfer date, under 
     regulations prescribed by the Director of National 
     Intelligence, the President of the National Intelligence 
     University may, upon the recommendation of the faculty of the 
     University, confer appropriate degrees upon graduates who 
     meet the degree requirements.
       ``(b) Limitation.--A degree may not be conferred under this 
     section unless--
       ``(1) the Secretary of Education has recommended approval 
     of the degree in accordance with the Federal Policy Governing 
     Granting of Academic Degrees by Federal Agencies; and
       ``(2) the University is accredited by the appropriate 
     academic accrediting agency or organization to award the 
     degree, as determined by the Secretary of Education.
       ``(c) Congressional Notification Requirements.--
       ``(1) Actions on nonaccreditation.--Beginning on the 
     transfer date, the Director shall promptly--
       ``(A) notify the congressional intelligence committees of 
     any action by the Middle States Commission on Higher 
     Education, or other appropriate academic accrediting agency 
     or organization, to not accredit the University to award any 
     new or existing degree; and
       ``(B) submit to such committees a report containing an 
     explanation of any such action.
       ``(2) Modification or redesignation of degree-granting 
     authority.--Beginning on the transfer date, upon any 
     modification or redesignation of existing degree-granting 
     authority, the Director shall submit to the congressional 
     intelligence committees a report containing--
       ``(A) the rationale for the proposed modification or 
     redesignation; and
       ``(B) any subsequent recommendation of the Secretary of 
     Education with respect to the proposed modification or 
     redesignation.

     ``SEC. 1033. FACULTY MEMBERS; EMPLOYMENT AND COMPENSATION.

       ``(a) Authority of Director.--Beginning on the transfer 
     date, the Director of National Intelligence may employ as 
     many professors, instructors, and lecturers at the National 
     Intelligence University as the Director considers necessary.
       ``(b) Compensation of Faculty Members.--The compensation of 
     persons employed under this section shall be as prescribed by 
     the Director.
       ``(c) Compensation Plan.--The Director shall provide each 
     person employed as a professor, instructor, or lecturer at 
     the University on the transfer date an opportunity to elect 
     to be paid under the compensation plan in effect on the day 
     before the transfer date (with no reduction in pay) or under 
     the authority of this section.

     ``SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH GRANTS.

       ``The Director of National Intelligence may authorize the 
     President of the National Intelligence University to accept 
     qualifying research grants in the same manner and to the same 
     degree as the President of the National Defense University 
     under section 2165(e) of title 10, United States Code.

     ``SEC. 1035. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY 
                   COMMITTEE ACT TO THE BOARD OF VISITORS.

       ``The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     continue to apply to the Board of Visitors of the National 
     Intelligence University on and after the transfer date.''.
       (b) Conforming Amendments.--Section 5324 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92) is amended--
       (1) in subsection (b)(1)(C), by striking ``subsection 
     (e)(2)'' and inserting ``section 1032(b) of the National 
     Security Act of 1947'';
       (2) by striking subsections (e) and (f); and
       (3) by redesignating subsections (g) and (h) as subsections 
     (e) and (f), respectively.
       (c) Clerical Amendment.--The table of contents of the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 1024 the following:

             ``Subtitle D--National Intelligence University

``Sec. 1031. Transfer date.
``Sec. 1032. Degree-granting authority.
``Sec. 1033. Faculty members; employment and compensation.
``Sec. 1034. Acceptance of faculty research grants.
``Sec. 1035. Continued applicability of the Federal Advisory Committee 
              Act to the Board of Visitors.''.

     SEC. 307. REQUIRING FACILITATION OF ESTABLISHMENT OF SOCIAL 
                   MEDIA DATA AND THREAT ANALYSIS CENTER.

       (a) Requirement to Facilitate Establishment.--Subsection 
     (c)(1) of section 5323 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92) is amended, by 
     striking ``may'' and inserting ``shall''.
       (b) Deadline to Facilitate Establishment.--Such subsection 
     is further amended by striking ``The Director'' and inserting 
     ``Not later than 180 days after the date of the enactment of 
     the Intelligence Authorization Act for Fiscal Year 2021, the 
     Director''.
       (c) Conforming Amendments.--
       (1) Reporting.--Subsection (d) of such section is amended--
       (A) in the matter before paragraph (1), by striking ``If 
     the Director'' and all that follows through ``the Center, 
     the'' and inserting ``The''; and
       (B) in paragraph (1), by striking ``180 days after the date 
     of the enactment of this Act'' and inserting ``180 days after 
     the date of the enactment of the Intelligence Authorization 
     Act for Fiscal Year 2021''.
       (2) Funding.--Subsection (f) of such section is amended by 
     striking ``fiscal year 2020 and 2021'' and inserting ``fiscal 
     year 2021 and 2022''.
       (3) Clerical.--Subsection (c) of such section is amended--
       (A) in the subsection heading, by striking ``Authority'' 
     and inserting ``Requirement''; and
       (B) in paragraph (1), in the paragraph heading, by striking 
     ``Authority'' and inserting ``Requirement''.

     SEC. 308. DATA COLLECTION ON ATTRITION IN INTELLIGENCE 
                   COMMUNITY.

       (a) Standards for Data Collection.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall establish standards for collecting data 
     relating to attrition in the intelligence community workforce 
     across demographics, specialities, and length of service.
       (2) Inclusion of certain candidates.--The Director shall 
     include, in the standards established under paragraph (1), 
     standards for collecting data from candidates who accepted 
     conditional offers of employment but chose to withdraw from 
     the hiring process before entering into service, including 
     data with respect to the reasons such candidates chose to 
     withdraw.
       (b) Collection of Data.--Not later than 120 days after the 
     date of the enactment of this Act, each element of the 
     intelligence community shall begin collecting data on 
     workforce and candidate attrition in accordance with the 
     standards established under subsection (a).
       (c) Annual Report.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Director shall submit to the congressional intelligence 
     committees a report on workforce and candidate attrition in 
     the intelligence community that includes--
       (1) the findings of the Director based on the data 
     collected under subsection (b);
       (2) recommendations for addressing any issues identified in 
     those findings; and

[[Page S3337]]

       (3) an assessment of timeliness in processing hiring 
     applications of individuals previously employed by an element 
     of the intelligence community, consistent with the Trusted 
     Workforce 2.0 initiative sponsored by the Security Clearance, 
     Suitability, and Credentialing Performance Accountability 
     Council.

     SEC. 309. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR 
                   PROGRAM MANAGEMENT OF INFORMATION-SHARING 
                   ENVIRONMENT.

       (a) In General.--Section 1016(b) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)), as 
     amended by section 6402(a) of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92), 
     is further amended--
       (1) in paragraph (1), in the matter before subparagraph 
     (A), by striking ``Director of National Intelligence'' and 
     inserting ``President'';
       (2) in paragraph (2), by striking ``Director of National 
     Intelligence'' both places it appears and inserting 
     ``President''; and
       (3) by adding at the end the following:
       ``(3) Delegation.--
       ``(A) In general.--Subject to subparagraph (B), the 
     President may delegate responsibility for carrying out this 
     subsection.
       ``(B) Limitation.--The President may not delegate 
     responsibility for carrying out this subsection to the 
     Director of National Intelligence.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2020.

     SEC. 310. IMPROVEMENTS TO PROVISIONS RELATING TO INTELLIGENCE 
                   COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.

       Section 6312 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92) is amended by striking 
     subsections (e) through (i) and inserting the following:
       ``(e) Long-term Roadmap.--Not later than 180 days after the 
     date of the enactment of the Intelligence Authorization Act 
     for Fiscal Year 2021, the Director of National Intelligence 
     shall develop and maintain a long-term roadmap for the 
     intelligence community information technology environment.
       ``(f) Business Plan.--Not later than 180 days after the 
     date of the enactment of the Intelligence Authorization Act 
     for Fiscal Year 2021, the Director of National Intelligence 
     shall develop and maintain a business plan to implement the 
     long-term roadmap required by subsection (e).''.

     SEC. 311. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE 
                   CENTRAL INTELLIGENCE AGENCY TO IMPROVE 
                   EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEERING, 
                   ARTS, AND MATHEMATICS.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.) is amended by adding the following:

     ``SEC. 24. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY, 
                   ENGINEERING, ARTS, AND MATHEMATICS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' includes 
     a department or agency of the Federal Government, a State, a 
     political subdivision of a State, an individual, and a not-
     for-profit or other organization in the private sector.
       ``(2) Educational institution.--The term `educational 
     institution' includes any public or private elementary school 
     or secondary school, institution of higher education, 
     college, university, or any other profit or nonprofit 
     institution that is dedicated to improving science, 
     technology, engineering, the arts, mathematics, business, 
     law, medicine, or other fields that promote development and 
     education relating to science, technology, engineering, the 
     arts, or mathematics.
       ``(3) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, and 
     any other territory or possession of the United States.
       ``(b) Requirements.--The Director shall, on a continuing 
     basis--
       ``(1) identify actions that the Director may take to 
     improve education in the scientific, technology, engineering, 
     arts, and mathematics (known as `STEAM') skills necessary to 
     meet the long-term national security needs of the United 
     States for personnel proficient in such skills; and
       ``(2) establish and conduct programs to carry out such 
     actions.
       ``(c) Authorities.--
       ``(1) In general.--The Director, in support of educational 
     programs in science, technology, engineering, the arts, and 
     mathematics, may--
       ``(A) award grants to eligible entities;
       ``(B) provide cash awards and other items to eligible 
     entities;
       ``(C) accept voluntary services from eligible entities;
       ``(D) support national competition judging, other 
     educational event activities, and associated award ceremonies 
     in connection with such educational programs; and
       ``(E) enter into one or more education partnership 
     agreements with educational institutions in the United States 
     for the purpose of encouraging and enhancing study in 
     science, technology, engineering, the arts, and mathematics 
     disciplines at all levels of education.
       ``(2) Education partnership agreements.--
       ``(A) Nature of assistance provided.--Under an education 
     partnership agreement entered into with an educational 
     institution under paragraph (1)(E), the Director may provide 
     assistance to the educational institution by--
       ``(i) loaning equipment to the educational institution for 
     any purpose and duration in support of such agreement that 
     the Director considers appropriate;
       ``(ii) making personnel available to teach science courses 
     or to assist in the development of science courses and 
     materials for the educational institution;
       ``(iii) providing sabbatical opportunities for faculty and 
     internship opportunities for students;
       ``(iv) involving faculty and students of the educational 
     institution in Agency projects, including research and 
     technology transfer or transition projects;
       ``(v) cooperating with the educational institution in 
     developing a program under which students may be given 
     academic credit for work on Agency projects, including 
     research and technology transfer for transition projects; and
       ``(vi) providing academic and career advice and assistance 
     to students of the educational institution.
       ``(B) Priorities.--In entering into education partnership 
     agreements under paragraph (1)(E), the Director shall 
     prioritize entering into education partnership agreements 
     with the following:
       ``(i) Historically Black colleges and universities and 
     other minority-serving institutions, as described in section 
     371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       ``(ii) Educational institutions serving women, members of 
     minority groups, and other groups of individuals who 
     traditionally are involved in the science, technology, 
     engineering, arts, and mathematics professions in 
     disproportionately low numbers.
       ``(d) Designation of Advisor.--The Director shall designate 
     one or more individuals within the Agency to advise and 
     assist the Director regarding matters relating to science, 
     technology, engineering, the arts, and mathematics education 
     and training.''.

    Subtitle B--Reports and Assessments Pertaining to Intelligence 
                               Community

     SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED 
                   STATES ON EFFORTS OF THE INTELLIGENCE COMMUNITY 
                   AND THE DEPARTMENT OF DEFENSE TO IDENTIFY AND 
                   MITIGATE RISKS POSED TO THE INTELLIGENCE 
                   COMMUNITY AND THE DEPARTMENT BY THE USE OF 
                   DIRECT-TO-CONSUMER GENETIC TESTING BY THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Assessment Required.--The Comptroller General of the 
     United States shall assess the efforts of the intelligence 
     community and the Department of Defense to identify and 
     mitigate the risks posed to the intelligence community and 
     the Department by the use of direct-to-consumer genetic 
     testing by the Government of the People's Republic of China.
       (b) Report Required.--
       (1) Definition of united states direct-to-consumer genetic 
     testing company.--In this subsection, the term ``United 
     States direct-to-consumer genetic testing company'' means a 
     private entity that--
       (A) carries out direct-to-consumer genetic testing; and
       (B) is organized under the laws of the United States or any 
     jurisdiction within the United States.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to Congress, including the congressional intelligence 
     committees, the Committee on Armed Services of the Senate, 
     and the Committee on Armed Services of the House of 
     Representatives, a report on the assessment required by 
     subsection (a).
       (3) Elements.--The report required by paragraph (2) shall 
     include the following:
       (A) A description of key national security risks and 
     vulnerabilities associated with direct-to-consumer genetic 
     testing, including--
       (i) how the Government of the People's Republic of China 
     may be using data provided by personnel of the intelligence 
     community and the Department through direct-to-consumer 
     genetic tests; and
       (ii) how ubiquitous technical surveillance may amplify 
     those risks.
       (B) An assessment of the extent to which the intelligence 
     community and the Department have identified risks and 
     vulnerabilities posed by direct-to-consumer genetic testing 
     and have sought to mitigate such risks and vulnerabilities, 
     or have plans for such mitigation, including the extent to 
     which the intelligence community has determined--
       (i) in which United States direct-to-consumer genetic 
     testing companies the Government of the People's Republic of 
     China or entities owned or controlled by the Government of 
     the People's Republic of China have an ownership interest; 
     and
       (ii) which United States direct-to-consumer genetic testing 
     companies may have sold data to the Government of the 
     People's Republic of China or entities owned or controlled by 
     the Government of the People's Republic of China.
       (C) Such recommendations as the Comptroller General may 
     have for action by the intelligence community and the 
     Department to improve the identification and mitigation of 
     risks and vulnerabilities posed by the use of direct-to-
     consumer genetic testing by the

[[Page S3338]]

     Government of the People's Republic of China.
       (4) Form.--The report required by paragraph (2) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Cooperation.--The heads of relevant elements of the 
     intelligence community and components of the Department 
     shall--
       (1) fully cooperate with the Comptroller General in 
     conducting the assessment required by subsection (a); and
       (2) provide any information and data required by the 
     Comptroller General to conduct the assessment.

     SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING 
                   FLEXIBILITIES AND EXPEDITED HUMAN RESOURCES 
                   PRACTICES TO ASSURE QUALITY AND DIVERSITY IN 
                   THE WORKFORCE OF THE INTELLIGENCE COMMUNITY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on how elements of the intelligence 
     community are exercising hiring flexibilities and expedited 
     human resources practices afforded under section 3326 of 
     title 5, United States Code, and subpart D of part 315 of 
     title 5, Code of Federal Regulations, or successor 
     regulation, to assure quality and diversity in the workforce 
     of the intelligence community.
       (b) Obstacles.--The report submitted under subsection (a) 
     shall include identification of any obstacles encountered by 
     the intelligence community in exercising the authorities 
     described in such subsection.

     SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND 
                   REQUIREMENTS.

       (a) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on signals intelligence priorities and 
     requirements subject to Presidential Policy Directive 28.
       (b) Elements.--The report required by subsection (a) shall 
     cover the following:
       (1) The implementation of the annual process for advising 
     the Director on signals intelligence priorities and 
     requirements described in section 3 of Presidential Policy 
     Directive 28.
       (2) The signals intelligence priorities and requirements as 
     of the most recent annual process.
       (3) The application of such priorities and requirements to 
     the signals intelligence collection efforts of the 
     intelligence community.
       (4) The contents of the classified annex referenced in 
     section 3 of Presidential Policy Directive 28.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT 
                   PROGRAM BENEFIT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the head of each element of the 
     intelligence community shall--
       (1) calculate the number of personnel of that element who 
     qualify for a student loan repayment program benefit;
       (2) compare the number calculated under paragraph (1) to 
     the number of personnel who apply for such a benefit;
       (3) provide recommendations for how to structure such a 
     program to optimize participation and enhance the 
     effectiveness of the benefit as a retention tool, including 
     with respect to the amount of the benefit offered and the 
     length of time an employee receiving a benefit is required to 
     serve under a continuing service agreement; and
       (4) identify any shortfall in funds or authorities needed 
     to provide such a benefit.
       (b) Inclusion in Fiscal Year 2022 Budget Submission.--The 
     Director of National Intelligence shall include in the budget 
     justification materials submitted to Congress in support of 
     the budget for the intelligence community for fiscal year 
     2022 (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code) a report on 
     the findings of the elements of the intelligence community 
     under subsection (a).

     SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR 
                   CHILD CARE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the heads of the elements 
     of the intelligence community specified in subsection (b), 
     shall submit to the congressional intelligence committees a 
     report that includes--
       (1) a calculation of the total annual demand for child care 
     by employees of such elements, at or near the workplaces of 
     such employees, including a calculation of the demand for 
     early morning and evening child care;
       (2) an identification of any shortfall between the demand 
     calculated under paragraph (1) and the child care supported 
     by such elements as of the date of the report;
       (3) an assessment of options for addressing any such 
     shortfall, including options for providing child care at or 
     near the workplaces of employees of such elements;
       (4) an identification of the advantages, disadvantages, 
     security requirements, and costs associated with each such 
     option;
       (5) a plan to meet, by the date that is 5 years after the 
     date of the report--
       (A) the demand calculated under paragraph (1); or
       (B) an alternative standard established by the Director for 
     child care available to employees of such elements; and
       (6) an assessment of needs of specific elements of the 
     intelligence community, including any Government-provided 
     child care that could be collocated with a workplace of 
     employees of such an element and any available child care 
     providers in the proximity of such a workplace.
       (b) Elements Specified.--The elements of the intelligence 
     community specified in this subsection are the following:
       (1) The Central Intelligence Agency.
       (2) The National Security Agency.
       (3) The Defense Intelligence Agency.
       (4) The National Geospatial-Intelligence Agency.
       (5) The National Reconnaissance Office.
       (6) The Office of the Director of National Intelligence.

     SEC. 326. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR 
                   THE INTELLIGENCE COMMUNITY.

       (a) Requirement for Survey and Evaluation of Customer 
     Feedback.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of National Intelligence, 
     in coordination with the head of each element of the 
     intelligence community, shall--
       (1) conduct a survey of the open source intelligence 
     requirements, goals, monetary and property investments, and 
     capabilities for each element of the intelligence community; 
     and
       (2) evaluate the usability and utility of the Open Source 
     Enterprise by soliciting customer feedback and evaluating 
     such feedback.
       (b) Requirement for Overall Strategy and for Intelligence 
     Community, Plan for Improving Usability of Open Source 
     Enterprise, and Risk Analysis of Creating Open Source 
     Center.--Not later than 180 days after the date of the 
     enactment of this Act, the Director, in coordination with the 
     head of each element of the intelligence community and using 
     the findings of the Director with respect to the survey 
     conducted under subsection (a), shall--
       (1) develop a strategy for open source intelligence 
     collection, analysis, and production that defines the 
     overarching goals, roles, responsibilities, and processes for 
     such collection, analysis, and production for the 
     intelligence community;
       (2) develop a plan for improving usability and utility of 
     the Open Source Enterprise based on the customer feedback 
     solicited under subsection (a)(2); and
       (3) conduct a risk and benefit analysis of creating an open 
     source center independent of any current intelligence 
     community element.
       (c) Requirement for Plan for Centralized Data Repository.--
     Not later than 270 days after the date of the enactment of 
     this Act and using the findings of the Director with respect 
     to the survey and evaluation conducted under subsection (a), 
     the strategy and plan developed under subsection (b), and the 
     risk and benefit analysis conducted under such subsection, 
     the Director shall develop a plan for a centralized data 
     repository of open source intelligence that enables all 
     elements of the intelligence community--
       (1) to use such repository for their specific requirements; 
     and
       (2) to derive open source intelligence advantages.
       (d) Requirement for Cost-sharing Model.--Not later than 1 
     year after the date of the enactment of this Act and using 
     the findings of the Director with respect to the survey and 
     evaluation conducted under subsection (a), the strategy and 
     plan developed under subsection (b), the risk and benefit 
     analysis conducted under such subsection, and the plan 
     developed under subsection (c), the Director shall develop a 
     cost-sharing model that leverages the open source 
     intelligence investments of each element of the intelligence 
     community for the beneficial use of the entire intelligence 
     community.
       (e) Congressional Briefing.--Not later than 1 year after 
     the date of the enactment of this Act, the Director of 
     National Intelligence, the Director of the Central 
     Intelligence Agency, the Director of the Defense Intelligence 
     Agency, the Director of the National Geospatial-Intelligence 
     Agency, and the Director of the National Security Agency 
     shall jointly brief the congressional intelligence committees 
     on--
       (1) the strategy developed under paragraph (1) of 
     subsection (b);
       (2) the plan developed under paragraph (2) of such 
     subsection;
       (3) the plan developed under subsection (c); and
       (4) the cost-sharing model developed under subsection (d).

          TITLE IV--SECURITY CLEARANCES AND TRUSTED WORKFORCE

     SEC. 401. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN 
                   SECURITY CLEARANCE PROCEDURES, AND RIGHT TO 
                   APPEAL.

       (a) Exclusivity of Procedures.--Section 801 of the National 
     Security Act of 1947 (50 U.S.C. 3161) is amended by adding at 
     the end the following:
       ``(c) Exclusivity.--Except as provided in subsection (b) 
     and subject to sections 801A and 801B, the procedures 
     established pursuant to subsection (a) and promulgated and 
     set forth under subpart A of title 32, Code of Federal 
     Regulations, or successor regulations, shall be the exclusive 
     procedures by

[[Page S3339]]

     which decisions about eligibility for access to classified 
     information are governed.''.
       (b) Transparency.--Such section is further amended by 
     adding at the end the following:
       ``(d) Publication.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the President shall--
       ``(A) publish in the Federal Register the procedures 
     established pursuant to subsection (a); or
       ``(B) submit to Congress a certification that the 
     procedures currently in effect that govern access to 
     classified information as described in subsection (a)--
       ``(i) are published in the Federal Register; and
       ``(ii) comply with the requirements of subsection (a).
       ``(2) Updates.--Whenever the President makes a revision to 
     a procedure established pursuant to subsection (a), the 
     President shall publish such revision in the Federal Register 
     not later than 30 days before the date on which the revision 
     becomes effective.''.
       (c) Consistency.--
       (1) In general.--Title VIII of the National Security Act of 
     1947 (50 U.S.C. 3161 et seq.) is amended by inserting after 
     section 801 the following:

     ``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED 
                   INFORMATION.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term `Executive agency' in section 105 of title 5, United 
     States Code.
       ``(2) Classified information.--The term `classified 
     information' includes sensitive compartmented information, 
     restricted data, restricted handling information, and other 
     compartmented information.
       ``(3) Eligibility for access to classified information.--
     The term `eligibility for access to classified information' 
     has the meaning given such term in the procedures established 
     pursuant to section 801(a).
       ``(b) In General.--Each head of an agency that makes a 
     determination regarding eligibility for access to classified 
     information shall ensure that in making the determination, 
     the head of the agency or any person acting on behalf of the 
     head of the agency--
       ``(1) does not violate any right or protection enshrined in 
     the Constitution of the United States, including rights 
     articulated in the First, Fifth, and Fourteenth Amendments;
       ``(2) does not discriminate for or against an individual on 
     the basis of race, ethnicity, color, religion, sex, national 
     origin, age, or handicap;
       ``(3) is not carrying out--
       ``(A) retaliation for political activities or beliefs; or
       ``(B) a coercion or reprisal described in section 
     2302(b)(3) of title 5, United States Code; and
       ``(4) does not violate section 3001(j)(1) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341(j)(1)).''.
       (2) Clerical amendment.--The table of contents in the 
     matter preceding section 2 of the National Security Act of 
     1947 (50 U.S.C. 3002) is amended by inserting after the item 
     relating to section 801 the following:

``Sec. 801A. Decisions relating to access to classified information.''.
       (d) Right to Appeal.--
       (1) In general.--Such title, as amended by subsection (c), 
     is further amended by inserting after section 801A the 
     following:

     ``SEC. 801B. RIGHT TO APPEAL.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term `Executive agency' in section 105 of title 5, United 
     States Code.
       ``(2) Covered person.--The term `covered person' means a 
     person, other than the President and Vice President, 
     currently or formerly employed in, detailed to, assigned to, 
     or issued an authorized conditional offer of employment for a 
     position that requires access to classified information by an 
     agency, including the following:
       ``(A) A member of the Armed Forces.
       ``(B) A civilian.
       ``(C) An expert or consultant with a contractual or 
     personnel obligation to an agency.
       ``(D) Any other category of person who acts for or on 
     behalf of an agency as determined by the head of the agency.
       ``(3) Eligibility for access to classified information.--
     The term `eligibility for access to classified information' 
     has the meaning given such term in the procedures established 
     pursuant to section 801(a).
       ``(4) Need for access.--The term `need for access' has such 
     meaning as the President may define in the procedures 
     established pursuant to section 801(a).
       ``(5) Reciprocity of clearance.--The term `reciprocity of 
     clearance', with respect to a denial by an agency, means that 
     the agency, with respect to a covered person--
       ``(A) failed to accept a security clearance background 
     investigation as required by paragraph (1) of section 3001(d) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (50 U.S.C. 3341(d));
       ``(B) failed to accept a transferred security clearance 
     background investigation required by paragraph (2) of such 
     section;
       ``(C) subjected the covered person to an additional 
     investigative or adjudicative requirement in violation of 
     paragraph (3) of such section; or
       ``(D) conducted an investigation in violation of paragraph 
     (4) of such section.
       ``(6) Security executive agent.--The term `Security 
     Executive Agent' means the officer serving as the Security 
     Executive Agent pursuant to section 803.
       ``(b) Agency Review.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2021, each head of an agency shall, consistent 
     with the interest of national security, establish and publish 
     in the Federal Register a process by which a covered person 
     to whom eligibility for access to classified information was 
     denied or revoked by the agency or for whom reciprocity of 
     clearance was denied by the agency can appeal that denial or 
     revocation within the agency.
       ``(2) Elements.--The process required by paragraph (1) 
     shall include the following:
       ``(A) In the case of a covered person to whom eligibility 
     for access to classified information or reciprocity of 
     clearance is denied or revoked by an agency, the following:
       ``(i) The head of the agency shall provide the covered 
     person with a written--

       ``(I) detailed explanation of the basis for the denial or 
     revocation as the head of the agency determines is consistent 
     with the interests of national security and as permitted by 
     other applicable provisions of law; and
       ``(II) notice of the right of the covered person to a 
     hearing and appeal under this subsection.

       ``(ii) Not later than 30 days after receiving a request 
     from the covered person for copies of the documents that 
     formed the basis of the agency's decision to revoke or deny, 
     including the investigative file, the head of the agency 
     shall provide to the covered person copies of such documents 
     as--

       ``(I) the head of the agency determines is consistent with 
     the interests of national security; and
       ``(II) permitted by other applicable provisions of law, 
     including--

       ``(aa) section 552 of title 5, United States Code (commonly 
     known as the `Freedom of Information Act');
       ``(bb) section 552a of such title (commonly known as the 
     `Privacy Act of 1974'); and
       ``(cc) such other provisions of law relating to the 
     protection of confidential sources and privacy of 
     individuals.
       ``(iii)(I) The covered person shall have the opportunity to 
     retain counsel or other representation at the covered 
     person's expense.
       ``(II) Upon the request of the covered person, and a 
     showing that the ability to review classified information is 
     essential to the resolution of an appeal under this 
     subsection, counsel or other representation retained under 
     this clause shall be considered for access to classified 
     information for the limited purposes of such appeal.
       ``(iv)(I) The head of the agency shall provide the covered 
     person an opportunity, at a point in the process determined 
     by the agency head--

       ``(aa) to appear personally before an adjudicative or other 
     authority, other than the investigating entity, and to 
     present to such authority relevant documents, materials, and 
     information, including evidence that past problems relating 
     to the denial or revocation have been overcome or 
     sufficiently mitigated; and
       ``(bb) to call and cross-examine witnesses before such 
     authority, unless the head of the agency determines that 
     calling and cross-examining witnesses is not consistent with 
     the interests of national security.

       ``(II) The head of the agency shall make, as part of the 
     security record of the covered person, a written summary, 
     transcript, or recording of any appearance under item (aa) of 
     subclause (I) or of any calling or cross-examining of 
     witnesses under item (bb) of such subclause.
       ``(v) On or before the date that is 30 days after the date 
     on which the covered person receives copies of documents 
     under clause (ii), the covered person may request a hearing 
     of the decision to deny or revoke by filing a written appeal 
     with the head of the agency.
       ``(B) A requirement that each review of a decision under 
     this subsection is completed on average not later than 180 
     days after the date on which a hearing is requested under 
     subparagraph (A)(v).
       ``(3) Agency review panels.--
       ``(A) In general.--Each head of an agency shall establish a 
     panel to hear and review appeals under this subsection.
       ``(B) Membership.--
       ``(i) Composition.--Each panel established by the head of 
     an agency under subparagraph (A) shall be composed of at 
     least three employees of the agency selected by the agency 
     head, two of whom shall not be members of the security field.
       ``(ii) Terms.--A term of service on a panel established by 
     the head of an agency under subparagraph (A) shall not exceed 
     2 years.
       ``(C) Decisions.--
       ``(i) Written.--Each decision of a panel established under 
     subparagraph (A) shall be in writing and contain a 
     justification of the decision.
       ``(ii) Consistency.--Each head of an agency that 
     establishes a panel under subparagraph (A) shall ensure that 
     each decision of the panel is consistent with the interests 
     of national security and applicable provisions of law.
       ``(iii) Overturn.--The head of an agency may overturn a 
     decision of the panel if, not later than 30 days after the 
     date on which the panel issues the decision, the agency head 
     personally exercises the authority granted by this clause to 
     overturn such decision.

[[Page S3340]]

       ``(iv) Finality.--Each decision of a panel established 
     under subparagraph (A) or overturned pursuant to clause (iii) 
     of this subparagraph shall be final.
       ``(D) Access to classified information.--The head of an 
     agency that establishes a panel under subparagraph (A) shall 
     afford access to classified information to the members of the 
     panel as the agency head determines--
       ``(i) necessary for the panel to hear and review an appeal 
     under this subsection; and
       ``(ii) consistent with the interests of national security.
       ``(4) Representation by counsel.--
       ``(A) In general.--Each head of an agency shall ensure 
     that, under this subsection, a covered person appealing a 
     decision of the head's agency under this subsection has an 
     opportunity to retain counsel or other representation at the 
     covered person's expense.
       ``(B) Access to classified information.--
       ``(i) In general.--Upon the request of a covered person 
     appealing a decision of an agency under this subsection and a 
     showing that the ability to review classified information is 
     essential to the resolution of the appeal under this 
     subsection, the head of the agency shall sponsor an 
     application by the counsel or other representation retained 
     under this paragraph for access to classified information for 
     the limited purposes of such appeal.
       ``(ii) Extent of access.--Counsel or another representative 
     who is cleared for access under this subparagraph may be 
     afforded access to relevant classified materials to the 
     extent consistent with the interests of national security.
       ``(5) Publication of decisions.--
       ``(A) In general.--Each head of an agency shall publish 
     each final decision on an appeal under this subsection.
       ``(B) Requirements.--In order to ensure transparency, 
     oversight by Congress, and meaningful information for those 
     who need to understand how the clearance process works, each 
     publication under subparagraph (A) shall be--
       ``(i) made in a manner that is consistent with section 552 
     of title 5, United States Code, as amended by the Electronic 
     Freedom of Information Act Amendments of 1996 (Public Law 
     104-231);
       ``(ii) published to explain the facts of the case, 
     redacting personally identifiable information and sensitive 
     program information; and
       ``(iii) made available on a website that is searchable by 
     members of the public.
       ``(c) Period of Time for the Right to Appeal.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     covered person who has been the subject of a decision made by 
     the head of an agency to deny or revoke eligibility for 
     access to classified information shall retain all rights to 
     appeal under this section until the conclusion of the appeals 
     process under this section.
       ``(2) Waiver of rights.--
       ``(A) Persons.--Any covered person may voluntarily waive 
     the covered person's right to appeal under this section and 
     such waiver shall be conclusive.
       ``(B) Agencies.--The head of an agency may not require a 
     covered person to waive the covered person's right to appeal 
     under this section for any reason.
       ``(d) Waiver of Availability of Procedures for National 
     Security Interest.--
       ``(1) In general.--If the head of an agency determines that 
     a procedure established under subsection (b) cannot be made 
     available to a covered person in an exceptional case without 
     damaging a national security interest of the United States by 
     revealing classified information, such procedure shall not be 
     made available to such covered person.
       ``(2) Finality.--A determination under paragraph (1) shall 
     be final and conclusive and may not be reviewed by any other 
     official or by any court.
       ``(3) Reporting.--
       ``(A) Case-by-case.--
       ``(i) In general.--In each case in which the head of an 
     agency determines under paragraph (1) that a procedure 
     established under subsection (b) cannot be made available to 
     a covered person, the agency head shall, not later than 30 
     days after the date on which the agency head makes such 
     determination, submit to the Security Executive Agent and to 
     the congressional intelligence committees a report stating 
     the reasons for the determination.
       ``(ii) Form.--A report submitted under clause (i) may be 
     submitted in classified form as necessary.
       ``(B) Annual reports.--
       ``(i) In general.--Not less frequently than once each 
     fiscal year, the Security Executive Agent shall submit to the 
     congressional intelligence committees a report on the 
     determinations made under paragraph (1) during the previous 
     fiscal year.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, for the period covered by the report, the 
     following:

       ``(I) The number of cases and reasons for determinations 
     made under paragraph (1), disaggregated by agency.
       ``(II) Such other matters as the Security Executive Agent 
     considers appropriate.

       ``(e) Denials and Revocations Under Other Provisions of 
     Law.--
       ``(1) Rule of construction.--Nothing in this section shall 
     be construed to limit or affect the responsibility and power 
     of the head of an agency to deny or revoke eligibility for 
     access to classified information or to deny reciprocity of 
     clearance in the interest of national security.
       ``(2) Denials and revocation.--The power and responsibility 
     to deny or revoke eligibility for access to classified 
     information or to deny reciprocity of clearance pursuant to 
     any other provision of law or Executive order may be 
     exercised only when the head of an agency determines that an 
     applicable process established under this section cannot be 
     invoked in a manner that is consistent with national 
     security.
       ``(3) Finality.--A determination under paragraph (2) shall 
     be final and conclusive and may not be reviewed by any other 
     official or by any court.
       ``(4) Reporting.--
       ``(A) Case-by-case.--
       ``(i) In general.--In each case in which the head of an 
     agency determines under paragraph (2) that a determination 
     relating to a denial or revocation of eligibility for access 
     to classified information or denial of reciprocity of 
     clearance could not be made pursuant to a process established 
     under this section, the agency head shall, not later than 30 
     days after the date on which the agency head makes such a 
     determination under paragraph (2), submit to the Security 
     Executive Agent and to the congressional intelligence 
     committees a report stating the reasons for the 
     determination.
       ``(ii) Form.--A report submitted under clause (i) may be 
     submitted in classified form as necessary.
       ``(B) Annual reports.--
       ``(i) In general.--Not less frequently than once each 
     fiscal year, the Security Executive Agent shall submit to the 
     congressional intelligence committees a report on the 
     determinations made under paragraph (2) during the previous 
     fiscal year.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, for the period covered by the report, the 
     following:

       ``(I) The number of cases and reasons for determinations 
     made under paragraph (2), disaggregated by agency.
       ``(II) Such other matters as the Security Executive Agent 
     considers appropriate.

       ``(f) Relationship to Suitability.--No person may use a 
     determination of suitability under part 731 of title 5, Code 
     of Federal Regulations, or successor regulation, for the 
     purpose of denying a covered person the review proceedings of 
     this section where there has been a denial or revocation of 
     eligibility for access to classified information or a denial 
     of reciprocity of clearance.
       ``(g) Preservation of Roles and Responsibilities Under 
     Executive Order 10865 and of the Defense Office of Hearings 
     and Appeals.--Nothing in this section shall be construed to 
     diminish or otherwise affect the procedures in effect on the 
     day before the date of the enactment of this Act for denial 
     and revocation procedures provided to individuals by 
     Executive Order 10865 (50 U.S.C. 3161 note; relating to 
     safeguarding classified information within industry), or 
     successor order, including those administered through the 
     Defense Office of Hearings and Appeals of the Department of 
     Defense under Department of Defense Directive 5220.6, or 
     successor directive.
       ``(h) Rule of Construction Relating to Certain Other 
     Provisions of Law.--This section and the processes and 
     procedures established under this section shall not be 
     construed to apply to paragraphs (6) and (7) of section 
     3001(j) of the Intelligence Reform and Terrorism Prevention 
     Act of 2004 (50 U.S.C. 3341(j)).''.
       (2) Clerical amendment.--The table of contents in the 
     matter preceding section 2 of the National Security Act of 
     1947 (50 U.S.C. 3002), as amended by subsection (c), is 
     further amended by inserting after the item relating to 
     section 801A the following:

``Sec. 801B. Right to appeal.''.

     SEC. 402. ESTABLISHING PROCESS PARITY FOR SECURITY CLEARANCE 
                   REVOCATIONS.

       Subparagraph (C) of section 3001(j)(4) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)(4)) is amended to read as follows:
       ``(C) Burdens of proof.--
       ``(i) In general.--Subject to clause (iii), in determining 
     whether the adverse security clearance or access 
     determination violated paragraph (1), the agency shall find 
     that paragraph (1) was violated if the individual has 
     demonstrated that a disclosure described in paragraph (1) was 
     a contributing factor in the adverse security clearance or 
     access determination taken against the individual.
       ``(ii) Circumstantial evidence.--An individual under clause 
     (i) may demonstrate that the disclosure was a contributing 
     factor in the adverse security clearance or access 
     determination taken against the individual through 
     circumstantial evidence, such as evidence that--

       ``(I) the official making the determination knew of the 
     disclosure; and
       ``(II) the determination occurred within a period such that 
     a reasonable person could conclude that the disclosure was a 
     contributing factor in the determination.

       ``(iii) Defense.--In determining whether the adverse 
     security clearance or access determination violated paragraph 
     (1), the agency shall not find that paragraph (1) was 
     violated if, after a finding that a disclosure was a 
     contributing factor, the agency demonstrates by clear and 
     convincing evidence that it would have made the same security 
     clearance or access determination in the absence of such 
     disclosure.''.

[[Page S3341]]

  


     SEC. 403. FEDERAL POLICY ON SHARING OF DEROGATORY INFORMATION 
                   PERTAINING TO CONTRACTOR EMPLOYEES IN THE 
                   TRUSTED WORKFORCE.

       (a) Policy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Security Executive 
     Agent, in coordination with the principal members of the 
     Performance Accountability Council and the Attorney General, 
     shall issue a policy for the Federal Government on sharing of 
     derogatory information pertaining to contractor employees 
     engaged by the Federal Government.
       (b) Consent Requirement.--
       (1) In general.--The policy issued under subsection (a) 
     shall require, as a condition of accepting a security 
     clearance with the Federal Government, that a contractor 
     employee provide prior written consent for the Federal 
     Government to share covered derogatory information with the 
     chief security officer of the contractor employer that 
     employs the contractor employee.
       (2) Covered derogatory information.--For purposes of this 
     section, covered derogatory information--
       (A) is information that--
       (i) contravenes National Security Adjudicative Guidelines 
     as specified in Security Executive Agent Directive 4 (10 
     C.F.R. 710 app. A), or any successor Federal policy;
       (ii) a Federal Government agency certifies is accurate and 
     reliable;
       (iii) is relevant to a contractor's ability to protect 
     against insider threats as required by section 1-202 of the 
     National Industrial Security Program Operating Manual 
     (NISPOM), or successor manual; and
       (iv) may have a bearing on the contractor employee's 
     suitability for a position of public trust or to receive 
     credentials to access certain facilities of the Federal 
     Government; and
       (B) shall include any negative information considered in 
     the adjudicative process, including information provided by 
     the contractor employee on forms submitted for the processing 
     of the contractor employee's security clearance.
       (c) Elements.--The policy issued under subsection (a) 
     shall--
       (1) require Federal agencies, except under exceptional 
     circumstances specified by the Security Executive Agent, to 
     share with the contractor employer of a contractor employee 
     engaged with the Federal Government the existence of 
     potentially derogatory information and which National 
     Security Adjudicative Guideline it falls under, with the 
     exception that the Security Executive Agent may waive such 
     requirement in circumstances the Security Executive Agent 
     considers extraordinary;
       (2) require that covered derogatory information shared with 
     a contractor employer as described in subsection (b)(1) be 
     used by the contractor employer exclusively for risk 
     mitigation purposes under section 1-202 of the National 
     Industrial Security Program Operating Manual, or successor 
     manual;
       (3) require Federal agencies to share any mitigation 
     measures in place to address the derogatory information;
       (4) establish standards for timeliness for sharing the 
     derogatory information;
       (5) specify the methods by which covered derogatory 
     information will be shared with the contractor employer of 
     the contractor employee;
       (6) allow the contractor employee, within a specified 
     timeframe, the right--
       (A) to contest the accuracy and reliability of covered 
     derogatory information;
       (B) to address or remedy any concerns raised by the covered 
     derogatory information; and
       (C) to provide documentation pertinent to subparagraph (A) 
     or (B) for an agency to place in relevant security clearance 
     databases;
       (7) establish a procedure by which the contractor employer 
     of the contractor employee may consult with the Federal 
     Government prior to taking any remedial action under section 
     1-202 of the National Industrial Security Program Operating 
     Manual, or successor manual, to address the derogatory 
     information the Federal agency has provided;
       (8) stipulate that the chief security officer of the 
     contractor employer is prohibited from sharing or discussing 
     covered derogatory information with other parties, including 
     nonsecurity professionals at the contractor employer; and
       (9) require companies in the National Industrial Security 
     Program to comply with the policy.
       (d) Consideration of Lessons Learned From Information-
     sharing Program for Positions of Trust and Security 
     Clearances.--In developing the policy issued under subsection 
     (a), the Director shall consider, to the extent available, 
     lessons learned from actions taken to carry out section 
     6611(f) of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92).

                   TITLE V--REPORTS AND OTHER MATTERS

     SEC. 501. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD 
                   TELECOMMUNICATIONS AND CYBERSECURITY EQUIPMENT 
                   AND SERVICES FOR, OR TO PROVIDE SUCH EQUIPMENT 
                   AND SERVICES TO, CERTAIN ALLIES OF THE UNITED 
                   STATES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Five eyes country.--The term ``Five Eyes country'' 
     means any of the following:
       (A) Australia.
       (B) Canada.
       (C) New Zealand.
       (D) The United Kingdom.
       (E) The United States.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Central 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the Defense Intelligence Agency 
     shall jointly submit to the appropriate committees of 
     Congress a report on attempts by foreign adversaries to build 
     telecommunications and cybersecurity equipment and services 
     for, or to provide such equipment and services to, Five Eyes 
     countries.
       (c) Elements.--The report submitted under subsection (b) 
     shall include the following:
       (1) An assessment of United States intelligence sharing and 
     intelligence and military force posture in any Five Eyes 
     country that currently uses or intends to use 
     telecommunications or cybersecurity equipment or services 
     provided by a foreign adversary of the United States, 
     including China and Russia.
       (2) A description and assessment of mitigation of any 
     potential compromises or risks for any circumstance described 
     in paragraph (1).
       (d) Form.--The report required by subsection (b) shall 
     include an unclassified executive summary, and may include a 
     classified annex.

     SEC. 502. REPORT ON THREATS POSED BY USE BY FOREIGN 
                   GOVERNMENTS AND ENTITIES OF COMMERCIALLY 
                   AVAILABLE CYBER INTRUSION AND SURVEILLANCE 
                   TECHNOLOGY.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on the threats posed by the use by 
     foreign governments and entities of commercially available 
     cyber intrusion and other surveillance technology.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) Matters relating to threats described in subsection (a) 
     as they pertain to the following:
       (A) The threat posed to United States persons and persons 
     inside the United States.
       (B) The threat posed to United States personnel overseas.
       (C) The threat posed to employees of the Federal 
     Government, including through both official and personal 
     accounts and devices.
       (2) A description of which foreign governments and entities 
     pose the greatest threats from the use of technology 
     described in subsection (a) and the nature of those threats.
       (3) An assessment of the source of the commercially 
     available cyber intrusion and other surveillance technology 
     that poses the threats described in subsection (a), including 
     whether such technology is made by United States companies or 
     companies in the United States or by foreign companies.
       (4) An assessment of actions taken, as of the date of the 
     enactment of this Act, by the Federal Government and foreign 
     governments to limit the export of technology described in 
     subsection (a) from the United States or foreign countries to 
     foreign governments and entities in ways that pose the 
     threats described in such subsection.
       (5) Matters relating to how the Federal Government, 
     Congress, and foreign governments can most effectively 
     mitigate the threats described in subsection (a), including 
     matters relating to the following:
       (A) Working with the technology and telecommunications 
     industry to identify and improve the security of consumer 
     software and hardware used by United States persons and 
     persons inside the United States that is targeted by 
     commercial cyber intrusion and surveillance software.
       (B) Export controls.
       (C) Diplomatic pressure.
       (D) Trade agreements.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 503. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE 
                   SOLARIUM COMMISSION.

       (a) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Energy and Natural 
     Resources of the Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Homeland 
     Security, the Committee on Science, Space, and Technology, 
     and the Committee on Energy and Commerce of the House of 
     Representatives.
       (b) Reports Required.--Not later than 180 days after the 
     date of the enactment of this Act, each head of an agency 
     described in subsection (c) shall submit to the appropriate 
     committees of Congress a report on the recommendations 
     included in the report issued

[[Page S3342]]

     by the Cyberspace Solarium Commission under section 1652(k) 
     of the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232).
       (c) Agencies Described.--The agencies described in this 
     subsection are the following:
       (1) The Office of the Director of National Intelligence.
       (2) The Department of Homeland Security.
       (3) The Department of Energy.
       (4) The Department of Commerce.
       (5) The Department of Defense.
       (d) Contents.--Each report submitted under subsection (b) 
     by the head of an agency described in subsection (c) shall 
     include the following:
       (1) An evaluation of the recommendations in the report 
     described in subsection (b) that the agency identifies as 
     pertaining directly to the agency.
       (2) A description of the actions taken, or the actions that 
     the head of the agency may consider taking, to implement any 
     of the recommendations (including a comprehensive estimate of 
     requirements for appropriations to take such actions).

     SEC. 504. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING 
                   TO ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND 
                   SEMICONDUCTORS AND RELATED SUPPLY CHAINS.

       (a) Assessment Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall complete a detailed assessment of critical 
     technology trends relating to artificial intelligence, 
     microchips, and semiconductors and related supply chains.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) Export controls.--
       (A) In general.--An assessment of efforts by partner 
     countries to enact and implement export controls and other 
     technology transfer measures with respect to artificial 
     intelligence, microchips, advanced manufacturing equipment, 
     and other artificial intelligence enabled technologies 
     critical to United States supply chains.
       (B) Identification of opportunities for cooperation.--The 
     assessment under subparagraph (A) shall identify 
     opportunities for further cooperation with international 
     partners on a multilateral and bilateral basis to strengthen 
     export control regimes and address technology transfer 
     threats.
       (2) Semiconductor supply chains.--
       (A) In general.--An assessment of global semiconductor 
     supply chains, including areas to reduce United States 
     vulnerabilities and maximize points of leverage.
       (B) Analysis of potential effects.--The assessment under 
     subparagraph (A) shall include an analysis of the potential 
     effects of significant geopolitical shifts, including those 
     related to Taiwan.
       (C) Identification of opportunities for diversification.--
     The assessment under subparagraph (A) shall also identify 
     opportunities for diversification of United States supply 
     chains, including an assessment of cost, challenges, and 
     opportunities to diversify manufacturing capabilities on a 
     multinational basis.
       (3) Computing power.--An assessment of trends relating to 
     computing power and the effect of such trends on global 
     artificial intelligence development and implementation, in 
     consultation with the Director of the Intelligence Advanced 
     Research Projects Activity, the Director of the Defense 
     Advanced Research Projects Agency, and the Director of the 
     National Institute of Standards and Technology, including 
     forward-looking assessments of how computing resources may 
     affect United States national security, innovation, and 
     implementation relating to artificial intelligence.
       (c) Report.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Financial 
     Services, and the Committee on Foreign Affairs of the House 
     of Representatives.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director shall submit to the 
     appropriate committees of Congress a report on the findings 
     of the Director with respect to the assessment completed 
     under subsection (a).
       (3) Form.--The report submitted under paragraph (2) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 505. COMBATING CHINESE INFLUENCE OPERATIONS IN THE 
                   UNITED STATES AND STRENGTHENING CIVIL LIBERTIES 
                   PROTECTIONS.

       (a) Updates to Annual Reports on Influence Operations and 
     Campaigns in the United States by the Chinese Communist 
     Party.--Section 1107(b) of the National Security Act of 1947 
     (50 U.S.C. 3237(b)) is amended--
       (1) by redesignating paragraph (8) as paragraph (9); and
       (2) by inserting after paragraph (7) the following:
       ``(8) An identification of influence activities and 
     operations employed by the Chinese Communist Party against 
     the United States science and technology sectors, 
     specifically employees of the United States Government, 
     researchers, scientists, and students in the science and 
     technology sector in the United States.''.
       (b) Plan for Federal Bureau of Investigation to Increase 
     Public Awareness and Detection of Influence Activities by the 
     Government of the People's Republic of China.--
       (1) Plan required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Federal 
     Bureau of Investigation shall submit to the congressional 
     intelligence committees a plan--
       (A) to increase public awareness of influence activities by 
     the Government of the People's Republic of China; and
       (B) to publicize mechanisms that members of the public can 
     use--
       (i) to detect such activities; and
       (ii) to report such activities to the Bureau.
       (2) Consultation.--In carrying out paragraph (1), the 
     Director shall consult with the following:
       (A) The Director of the Office of Science and Technology 
     Policy.
       (B) Such other stakeholders outside the intelligence 
     community, including professional associations, institutions 
     of higher education, businesses, and civil rights and 
     multicultural organizations, as the Director determines 
     relevant.
       (c) Recommendations of the Federal Bureau of Investigation 
     to Strengthen Relationships and Build Trust With Communities 
     of Interest.--
       (1) In general.--The Director of the Federal Bureau of 
     Investigation, in consultation with the Assistant Attorney 
     General for the Civil Rights Division and the Chief Privacy 
     and Civil Liberties Officer of the Department of Justice, 
     shall develop recommendations to strengthen relationships 
     with communities targeted by influence activities of the 
     Government of the People's Republic of China and build trust 
     with such communities through local and regional grassroots 
     outreach.
       (2) Submittal to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Director shall submit 
     to Congress the recommendations developed under paragraph 
     (1).
       (d) Technical Corrections.--The National Security Act of 
     1947 (50 U.S.C. 3001 et seq.) is amended--
       (1) in section 1107 (50 U.S.C. 3237)--
       (A) in the section heading, by striking ``communist party 
     of china'' and inserting ``chinese communist party''; and
       (B) by striking ``Communist Party of China'' both places it 
     appears and inserting ``Chinese Communist Party''; and
       (2) in the table of contents before section 2 (50 U.S.C. 
     3002), by striking the item relating to section 1107 and 
     inserting the following new item:

``Sec. 1107. Annual reports on influence operations and campaigns in 
              the United States by the Chinese Communist Party.''.

     SEC. 506. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR 
                   OFFICIALS OF THE CHINESE COMMUNIST PARTY.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on Foreign Relations, 
     and the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (b) Annual Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2025, the Director of the Central Intelligence Agency shall 
     submit to the appropriate committees of Congress a report on 
     the corruption and corrupt activities of senior officials of 
     the Chinese Communist Party.
       (2) Elements.--
       (A) In general.--Each report under paragraph (1) shall 
     include the following:
       (i) A description of the wealth of, and corruption and 
     corrupt activities among, senior officials of the Chinese 
     Communist Party.
       (ii) A description of any recent actions of the officials 
     described in clause (i) that could be considered a violation, 
     or potential violation, of United States law.
       (iii) A description and assessment of targeted financial 
     measures, including potential targets for designation of the 
     officials described in clause (i) for the corruption and 
     corrupt activities described in that clause and for the 
     actions described in clause (ii).
       (B) Scope of reports.--The first report under paragraph (1) 
     shall include comprehensive information on the matters 
     described in subparagraph (A). Any succeeding report under 
     paragraph (1) may consist of an update or supplement to the 
     preceding report under that subsection.
       (3) Coordination.--In preparing each report, update, or 
     supplement under this subsection, the Director of the Central 
     Intelligence Agency shall coordinate as follows:
       (A) In preparing the description required by clause (i) of 
     paragraph (2)(A), the Director of the Central Intelligence 
     Agency shall coordinate with the head of the Office of 
     Intelligence and Analysis of the Department of the Treasury 
     and the Director of the Federal Bureau of Investigation.
       (B) In preparing the descriptions required by clauses (ii) 
     and (iii) of such paragraph, the

[[Page S3343]]

     Director of the Central Intelligence Agency shall coordinate 
     with the head of the Office of Intelligence and Analysis of 
     the Department of the Treasury.
       (4) Form.--Each report under paragraph (1) shall include an 
     unclassified executive summary, and may include a classified 
     annex.
       (c) Sense of Congress.--It is the sense of Congress that 
     the United States should undertake every effort and pursue 
     every opportunity to expose the corruption and illicit 
     practices of senior officials of the Chinese Communist Party, 
     including President Xi Jinping.

     SEC. 507. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER 
                   EASTERN EUROPEAN OLIGARCHS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on Foreign Relations, 
     and the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (b) Report Required.--Not later than 100 days after the 
     date of the enactment of this Act, the Director of the 
     Central Intelligence Agency shall submit to the appropriate 
     committees of Congress and the Undersecretary of State for 
     Public Diplomacy and Public Affairs a report on the 
     corruption and corrupt activities of Russian and other 
     Eastern European oligarchs.
       (c) Elements.--
       (1) In general.--Each report under subsection (b) shall 
     include the following:
       (A) A description of corruption and corrupt activities 
     among Russian and other Eastern European oligarchs who 
     support the Government of the Russian Federation, including 
     estimates of the total assets of such oligarchs.
       (B) An assessment of the impact of the corruption and 
     corrupt activities described pursuant to subparagraph (A) on 
     the economy and citizens of Russia.
       (C) A description of any connections to, or support of, 
     organized crime, drug smuggling, or human trafficking by an 
     oligarch covered by subparagraph (A).
       (D) A description of any information that reveals 
     corruption and corrupt activities in Russia among oligarchs 
     covered by subparagraph (A).
       (E) A description and assessment of potential sanctions 
     actions that could be imposed upon oligarchs covered by 
     subparagraph (A) who support the leadership of the Government 
     of Russia, including President Vladimir Putin.
       (2) Scope of reports.--The first report under subsection 
     (a) shall include comprehensive information on the matters 
     described in paragraph (1). Any succeeding report under 
     subsection (a) may consist of an update or supplement to the 
     preceding report under that subsection.
       (d) Coordination.--In preparing each report, update, or 
     supplement under this section, the Director of the Central 
     Intelligence Agency shall coordinate as follows:
       (1) In preparing the assessment and descriptions required 
     by subparagraphs (A) through (D) of subsection (c)(1), the 
     Director of the Central Intelligence Agency shall coordinate 
     with the head of the Office of Intelligence and Analysis of 
     the Department of the Treasury and the Director of the 
     Federal Bureau of Investigation.
       (2) In preparing the description and assessment required by 
     subparagraph (E) of such subsection, the Director of the 
     Central Intelligence Agency shall coordinate with the head of 
     the Office of Intelligence and Analysis of the Department of 
     the Treasury.
       (e) Form.--
       (1) In general.--Subject to paragraph (2), each report 
     under subsection (b) shall include an unclassified executive 
     summary, and may include a classified annex.
       (2) Unclassified form of certain information.--The 
     information described in subsection (c)(1)(D) in each report 
     under subsection (b) shall be submitted in unclassified form.

     SEC. 508. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY 
                   THE CHINESE COMMUNIST PARTY AND THE GOVERNMENT 
                   OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Foreign Relations, the 
     Committee on Health, Education, Labor, and Pensions, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Energy and 
     Commerce, the Committee on Foreign Affairs, and the Committee 
     on Homeland Security of the House of Representatives.
       (2) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report identifying whether and how officials of 
     the Chinese Communist Party and the Government of the 
     People's Republic of China may have sought--
       (1) to suppress information about--
       (A) the outbreak of the novel coronavirus in Wuhan;
       (B) the spread of the virus through China; and
       (C) the transmission of the virus to other countries;
       (2) to spread disinformation relating to the pandemic; or
       (3) to exploit the pandemic to advance their national 
     security interests.
       (c) Assessments.--The report required by subsection (b) 
     shall include assessments of reported actions and the effect 
     of those actions on efforts to contain the novel coronavirus 
     pandemic, including each of the following:
       (1) The origins of the novel coronavirus outbreak, the time 
     and location of initial infections, and the mode and speed of 
     early viral spread.
       (2) Actions taken by the Government of China to suppress, 
     conceal, or misinform the people of China and those of other 
     countries about the novel coronavirus outbreak in Wuhan.
       (3) The effect of disinformation or the failure of the 
     Government of China to fully disclose details of the outbreak 
     on response efforts of local governments in China and other 
     countries.
       (4) Diplomatic, political, economic, intelligence, or other 
     pressure on other countries and international organizations 
     to conceal information about the spread of the novel 
     coronavirus and the response of the Government of China to 
     the contagion, as well as to influence or coerce early 
     responses to the pandemic by other countries.
       (5) Efforts by officials of the Government of China to deny 
     access to health experts and international health 
     organizations to afflicted individuals in Wuhan, pertinent 
     areas of the city, or laboratories of interest in China, 
     including the Wuhan Institute of Virology.
       (6) Efforts by the Government of China, or those acting at 
     its direction or with its assistance, to conduct cyber 
     operations against international, national, or private health 
     organizations conducting research relating to the novel 
     coronavirus or operating in response to the pandemic.
       (7) Efforts to control, restrict, or manipulate relevant 
     segments of global supply chains, particularly in the sale, 
     trade, or provision of relevant medicines, medical supplies, 
     or medical equipment as a result of the pandemic.
       (8) Efforts to advance the economic, intelligence, national 
     security, and political objectives of the Government of China 
     by exploiting vulnerabilities of foreign governments, 
     economies, and companies under financial duress as a result 
     of the pandemic or to accelerate economic espionage and 
     intellectual property theft.
       (9) Efforts to exploit the disruption of the pharmaceutical 
     and telecommunications industries as well as other industries 
     tied to critical infrastructure and bilateral trade between 
     China and the United States and between China and allies and 
     partners of the United States in order to advance the 
     economic and political objectives of the Government of China 
     following the pandemic.
       (d) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 509. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS 
                   EMBARGO ON ISLAMIC REPUBLIC OF IRAN.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Defense 
     Intelligence Agency, in consultation with such heads of other 
     elements of the intelligence community as the Director 
     considers appropriate, shall submit to the appropriate 
     committees of Congress a report on--
       (1) the plans of the Government of the Islamic Republic of 
     Iran to acquire military arms if the ban on arms transfers to 
     or from such government under United Nations Security Council 
     resolutions are lifted; and
       (2) the effect such arms acquisitions may have on regional 
     security and stability.
       (c) Contents.--The report submitted under subsection (b) 
     shall include assessments relating to plans of the Government 
     of the Islamic Republic of Iran to acquire additional 
     weapons, the intention of other countries to provide such 
     weapons, and the effect such acquisition and provision would 
     have on regional stability, including with respect to each of 
     the following:
       (1) The type and quantity of weapon systems under 
     consideration for acquisition.
       (2) The countries of origin of such systems.
       (3) Likely reactions of other countries in the region to 
     such acquisition, including the potential for proliferation 
     by other countries in response.
       (4) The threat that such acquisition could present to 
     international commerce and energy supplies in the region, and 
     the potential

[[Page S3344]]

     implications for the national security of the United States.
       (5) The threat that such acquisition could present to the 
     Armed Forces of the United States, of countries allied with 
     the United States, and of countries partnered with the United 
     States stationed in or deployed in the region.
       (6) The potential that such acquisition could be used to 
     deliver chemical, biological, or nuclear weapons.
       (7) The potential for the Government of the Islamic 
     Republic of Iran to proliferate weapons acquired in the 
     absence of an arms embargo to regional groups, including 
     Shi'a militia groups backed by such government.
       (d) Form.--The report submitted under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 510. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR 
                   NONPROLIFERATION.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report assessing--
       (1) any relevant activities potentially relating to nuclear 
     weapons research and development by the Islamic Republic of 
     Iran; and
       (2) any relevant efforts to afford or deny international 
     access in accordance with international nonproliferation 
     agreements.
       (c) Assessments.--The report required by subsection (b) 
     shall include assessments, for the period beginning on 
     January 1, 2018, and ending on the date of the submittal of 
     the report, of the following:
       (1) Activities to research, develop, or enrich uranium or 
     reprocess plutonium with the intent or capability of creating 
     weapons-grade nuclear material.
       (2) Research, development, testing, or design activities 
     that could contribute to or inform construction of a device 
     intended to initiate or capable of initiating a nuclear 
     explosion.
       (3) Efforts to receive, transmit, store, destroy, relocate, 
     archive, or otherwise preserve research, processes, products, 
     or enabling materials relevant or relating to any efforts 
     assessed under paragraph (1) or (2).
       (4) Efforts to afford or deny international access, in 
     accordance with international nonproliferation agreements, to 
     locations, individuals, and materials relating to activities 
     described in paragraph (1), (2), or (3).
       (d) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 511. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.

       It is the sense of the Congress that--
       (1) the work of the Third Option Foundation to heal, help, 
     and honor members of the special operations community of the 
     Central Intelligence Agency and their families is invaluable; 
     and
       (2) the Director of the Central Intelligence Agency should 
     work closely with the Third Option Foundation in implementing 
     section 19A of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3519b), as added by section 6412 of the Damon Paul 
     Nelson and Matthew Young Pollard Intelligence Authorization 
     Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116-
     92).
                                 ______
                                 
  SA 1816. Mr. RUBIO (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2021

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2021''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

     DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2021

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
              law.
Sec. 303. Clarification of authorities and responsibilities of National 
              Manager for National Security Telecommunications and 
              Information Systems Security.
Sec. 304. Continuity of operations plans for certain elements of the 
              intelligence community in the case of a national 
              emergency.
Sec. 305. Application of Executive Schedule level III to position of 
              Director of National Reconnaissance Office.
Sec. 306. National Intelligence University.
Sec. 307. Requiring facilitation of establishment of Social Media Data 
              and Threat Analysis Center.
Sec. 308. Data collection on attrition in intelligence community.
Sec. 309. Limitation on delegation of responsibility for program 
              management of information-sharing environment.
Sec. 310. Improvements to provisions relating to intelligence community 
              information technology environment.
Sec. 311. Requirements and authorities for Director of the Central 
              Intelligence Agency to improve education in science, 
              technology, engineering, arts, and mathematics.

    Subtitle B--Reports and Assessments Pertaining to Intelligence 
                               Community

Sec. 321. Assessment by the Comptroller General of the United States on 
              efforts of the intelligence community and the Department 
              of Defense to identify and mitigate risks posed to the 
              intelligence community and the Department by the use of 
              direct-to-consumer genetic testing by the Government of 
              the People's Republic of China.
Sec. 322. Report on use by intelligence community of hiring 
              flexibilities and expedited human resources practices to 
              assure quality and diversity in the workforce of the 
              intelligence community.
Sec. 323. Report on signals intelligence priorities and requirements.
Sec. 324. Assessment of demand for student loan repayment program 
              benefit.
Sec. 325. Assessment of intelligence community demand for child care.
Sec. 326. Open source intelligence strategies and plans for the 
              intelligence community.

          TITLE IV--SECURITY CLEARANCES AND TRUSTED WORKFORCE

Sec. 401. Exclusivity, consistency, and transparency in security 
              clearance procedures, and right to appeal.
Sec. 402. Establishing process parity for security clearance 
              revocations.
Sec. 403. Federal policy on sharing of derogatory information 
              pertaining to contractor employees in the trusted 
              workforce.

                   TITLE V--REPORTS AND OTHER MATTERS

Sec. 501. Secure and trusted technology.
Sec. 502. Report on attempts by foreign adversaries to build 
              telecommunications and cybersecurity equipment and 
              services for, or to provide such equipment and services 
              to, certain allies of the United States.
Sec. 503. Report on threats posed by use by foreign governments and 
              entities of commercially available cyber intrusion and 
              surveillance technology.
Sec. 504. Reports on recommendations of the Cyberspace Solarium 
              Commission.
Sec. 505. Assessment of critical technology trends relating to 
              artificial intelligence, microchips, and semiconductors 
              and related supply chains.
Sec. 506. Combating Chinese influence operations in the United States 
              and strengthening civil liberties protections.
Sec. 507. Annual report on corrupt activities of senior officials of 
              the Chinese Communist Party.
Sec. 508. Report on corrupt activities of Russian and other Eastern 
              European oligarchs.
Sec. 509. Report on biosecurity risk and disinformation by the Chinese 
              Communist Party and the Government of the People's 
              Republic of China.
Sec. 510. Report on effect of lifting of United Nations arms embargo on 
              Islamic Republic of Iran.
Sec. 511. Report on Iranian activities relating to nuclear 
              nonproliferation.
Sec. 512. Sense of Congress on Third Option Foundation.

[[Page S3345]]

  


     SEC. 2. DEFINITIONS.

       In this division:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in such section.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2021 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the elements listed in paragraphs 
     (1) through (16) of section 101, are those specified in the 
     classified Schedule of Authorizations prepared to accompany 
     this division.
       (b) Availability of Classified Schedule of 
     Authorizations.--
       (1) Availability.--The classified Schedule of 
     Authorizations referred to in subsection (a) shall be made 
     available to the Committee on Appropriations of the Senate, 
     the Committee on Appropriations of the House of 
     Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations referred to in 
     subsection (a), or of appropriate portions of such Schedule, 
     within the executive branch of the Federal Government.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     3306(a));
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2021 the sum of $731,200,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2021 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2021.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this division shall 
     not be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this division for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 303. CLARIFICATION OF AUTHORITIES AND RESPONSIBILITIES 
                   OF NATIONAL MANAGER FOR NATIONAL SECURITY 
                   TELECOMMUNICATIONS AND INFORMATION SYSTEMS 
                   SECURITY.

       In carrying out the authorities and responsibilities of the 
     National Manager for National Security Telecommunications and 
     Information Systems Security under National Security 
     Directive 42 (signed by the President on July 5, 1990), the 
     National Manager shall not supervise, oversee, or execute, 
     either directly or indirectly, any aspect of the National 
     Intelligence Program.

     SEC. 304. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS 
                   OF THE INTELLIGENCE COMMUNITY IN THE CASE OF A 
                   NATIONAL EMERGENCY.

       (a) Definition of Covered National Emergency.--In this 
     section, the term ``covered national emergency'' means the 
     following:
       (1) A major disaster declared by the President under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170).
       (2) An emergency declared by the President under section 
     501 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191).
       (3) A national emergency declared by the President under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.).
       (4) A public health emergency declared under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d).
       (b) In General.--The Director of National Intelligence, the 
     Director of the Central Intelligence Agency, the Director of 
     the National Reconnaissance Office, the Director of the 
     Defense Intelligence Agency, the Director of the National 
     Security Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each establish continuity of 
     operations plans for use in the case of covered national 
     emergencies for the element of the intelligence community 
     concerned.
       (c) Submission to Congress.--
       (1) Director of national intelligence and director of the 
     central intelligence agency.--Not later than 7 days after the 
     date on which a covered national emergency is declared, the 
     Director of National Intelligence and the Director of the 
     Central Intelligence Agency shall each submit to the 
     congressional intelligence committees the plan established 
     under subsection (b) for that emergency for the element of 
     the intelligence community concerned.
       (2) Director of national reconnaissance office, director of 
     defense intelligence agency, director of national security 
     agency, and director of national geospatial-intelligence 
     agency.--Not later than 7 days after the date on which a 
     covered national emergency is declared, the Director of the 
     National Reconnaissance Office, the Director of the Defense 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each submit the plan established 
     under subsection (b) for that emergency for the element of 
     the intelligence community concerned to the following:
       (A) The congressional intelligence committees.
       (B) The Committee on Armed Services of the Senate.
       (C) The Committee on Armed Services of the House of 
     Representatives.
       (d) Updates.--During a covered national emergency, the 
     Director of National Intelligence, the Director of the 
     Central Intelligence Agency, the Director of the National 
     Reconnaissance Office, the Director of the Defense 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each submit any updates to the 
     plans submitted under subsection (c)--
       (1) in accordance with that subsection; and
       (2) in a timely manner consistent with section 501 of the 
     National Security Act of 1947 (50 U.S.C. 3091).

     SEC. 305. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO 
                   POSITION OF DIRECTOR OF NATIONAL RECONNAISSANCE 
                   OFFICE.

       Section 5314 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``Director of the National Reconnaissance Office.''.

     SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY.

       (a) In General.--Title X of the National Security Act of 
     1947 (50 U.S.C. 3191 et seq.) is amended by adding at the end 
     the following:

             ``Subtitle D--National Intelligence University

     ``SEC. 1031. TRANSFER DATE.

       ``In this subtitle, the term `transfer date' means the date 
     on which the National Intelligence University is transferred 
     from the Defense Intelligence Agency to the Director of 
     National Intelligence under section 5324(a) of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92).

     ``SEC. 1032. DEGREE-GRANTING AUTHORITY.

       ``(a) In General.--Beginning on the transfer date, under 
     regulations prescribed by the Director of National 
     Intelligence, the President of the National Intelligence 
     University may, upon the recommendation of the faculty of the 
     University, confer appropriate degrees upon graduates who 
     meet the degree requirements.
       ``(b) Limitation.--A degree may not be conferred under this 
     section unless--
       ``(1) the Secretary of Education has recommended approval 
     of the degree in accordance with the Federal Policy Governing 
     Granting of Academic Degrees by Federal Agencies; and
       ``(2) the University is accredited by the appropriate 
     academic accrediting agency or organization to award the 
     degree, as determined by the Secretary of Education.
       ``(c) Congressional Notification Requirements.--

[[Page S3346]]

       ``(1) Actions on nonaccreditation.--Beginning on the 
     transfer date, the Director shall promptly--
       ``(A) notify the congressional intelligence committees of 
     any action by the Middle States Commission on Higher 
     Education, or other appropriate academic accrediting agency 
     or organization, to not accredit the University to award any 
     new or existing degree; and
       ``(B) submit to such committees a report containing an 
     explanation of any such action.
       ``(2) Modification or redesignation of degree-granting 
     authority.--Beginning on the transfer date, upon any 
     modification or redesignation of existing degree-granting 
     authority, the Director shall submit to the congressional 
     intelligence committees a report containing--
       ``(A) the rationale for the proposed modification or 
     redesignation; and
       ``(B) any subsequent recommendation of the Secretary of 
     Education with respect to the proposed modification or 
     redesignation.

     ``SEC. 1033. FACULTY MEMBERS; EMPLOYMENT AND COMPENSATION.

       ``(a) Authority of Director.--Beginning on the transfer 
     date, the Director of National Intelligence may employ as 
     many professors, instructors, and lecturers at the National 
     Intelligence University as the Director considers necessary.
       ``(b) Compensation of Faculty Members.--The compensation of 
     persons employed under this section shall be as prescribed by 
     the Director.
       ``(c) Compensation Plan.--The Director shall provide each 
     person employed as a professor, instructor, or lecturer at 
     the University on the transfer date an opportunity to elect 
     to be paid under the compensation plan in effect on the day 
     before the transfer date (with no reduction in pay) or under 
     the authority of this section.

     ``SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH GRANTS.

       ``The Director of National Intelligence may authorize the 
     President of the National Intelligence University to accept 
     qualifying research grants in the same manner and to the same 
     degree as the President of the National Defense University 
     under section 2165(e) of title 10, United States Code.

     ``SEC. 1035. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY 
                   COMMITTEE ACT TO THE BOARD OF VISITORS.

       ``The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     continue to apply to the Board of Visitors of the National 
     Intelligence University on and after the transfer date.''.
       (b) Conforming Amendments.--Section 5324 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92) is amended--
       (1) in subsection (b)(1)(C), by striking ``subsection 
     (e)(2)'' and inserting ``section 1032(b) of the National 
     Security Act of 1947'';
       (2) by striking subsections (e) and (f); and
       (3) by redesignating subsections (g) and (h) as subsections 
     (e) and (f), respectively.
       (c) Clerical Amendment.--The table of contents of the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 1024 the following:

             ``Subtitle D--National Intelligence University

``Sec. 1031. Transfer date.
``Sec. 1032. Degree-granting authority.
``Sec. 1033. Faculty members; employment and compensation.
``Sec. 1034. Acceptance of faculty research grants.
``Sec. 1035. Continued applicability of the Federal Advisory Committee 
              Act to the Board of Visitors.''.

     SEC. 307. REQUIRING FACILITATION OF ESTABLISHMENT OF SOCIAL 
                   MEDIA DATA AND THREAT ANALYSIS CENTER.

       (a) Requirement to Facilitate Establishment.--Subsection 
     (c)(1) of section 5323 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92) is amended, by 
     striking ``may'' and inserting ``shall''.
       (b) Deadline to Facilitate Establishment.--Such subsection 
     is further amended by striking ``The Director'' and inserting 
     ``Not later than 180 days after the date of the enactment of 
     the Intelligence Authorization Act for Fiscal Year 2021, the 
     Director''.
       (c) Conforming Amendments.--
       (1) Reporting.--Subsection (d) of such section is amended--
       (A) in the matter before paragraph (1), by striking ``If 
     the Director'' and all that follows through ``the Center, 
     the'' and inserting ``The''; and
       (B) in paragraph (1), by striking ``180 days after the date 
     of the enactment of this Act'' and inserting ``180 days after 
     the date of the enactment of the Intelligence Authorization 
     Act for Fiscal Year 2021''.
       (2) Funding.--Subsection (f) of such section is amended by 
     striking ``fiscal year 2020 and 2021'' and inserting ``fiscal 
     year 2021 and 2022''.
       (3) Clerical.--Subsection (c) of such section is amended--
       (A) in the subsection heading, by striking ``Authority'' 
     and inserting ``Requirement''; and
       (B) in paragraph (1), in the paragraph heading, by striking 
     ``Authority'' and inserting ``Requirement''.

     SEC. 308. DATA COLLECTION ON ATTRITION IN INTELLIGENCE 
                   COMMUNITY.

       (a) Standards for Data Collection.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall establish standards for collecting data 
     relating to attrition in the intelligence community workforce 
     across demographics, specialities, and length of service.
       (2) Inclusion of certain candidates.--The Director shall 
     include, in the standards established under paragraph (1), 
     standards for collecting data from candidates who accepted 
     conditional offers of employment but chose to withdraw from 
     the hiring process before entering into service, including 
     data with respect to the reasons such candidates chose to 
     withdraw.
       (b) Collection of Data.--Not later than 120 days after the 
     date of the enactment of this Act, each element of the 
     intelligence community shall begin collecting data on 
     workforce and candidate attrition in accordance with the 
     standards established under subsection (a).
       (c) Annual Report.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Director shall submit to the congressional intelligence 
     committees a report on workforce and candidate attrition in 
     the intelligence community that includes--
       (1) the findings of the Director based on the data 
     collected under subsection (b);
       (2) recommendations for addressing any issues identified in 
     those findings; and
       (3) an assessment of timeliness in processing hiring 
     applications of individuals previously employed by an element 
     of the intelligence community, consistent with the Trusted 
     Workforce 2.0 initiative sponsored by the Security Clearance, 
     Suitability, and Credentialing Performance Accountability 
     Council.

     SEC. 309. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR 
                   PROGRAM MANAGEMENT OF INFORMATION-SHARING 
                   ENVIRONMENT.

       (a) In General.--Section 1016(b) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)), as 
     amended by section 6402(a) of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92), 
     is further amended--
       (1) in paragraph (1), in the matter before subparagraph 
     (A), by striking ``Director of National Intelligence'' and 
     inserting ``President'';
       (2) in paragraph (2), by striking ``Director of National 
     Intelligence'' both places it appears and inserting 
     ``President''; and
       (3) by adding at the end the following:
       ``(3) Delegation.--
       ``(A) In general.--Subject to subparagraph (B), the 
     President may delegate responsibility for carrying out this 
     subsection.
       ``(B) Limitation.--The President may not delegate 
     responsibility for carrying out this subsection to the 
     Director of National Intelligence.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2020.

     SEC. 310. IMPROVEMENTS TO PROVISIONS RELATING TO INTELLIGENCE 
                   COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.

       Section 6312 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92) is amended by striking 
     subsections (e) through (i) and inserting the following:
       ``(e) Long-term Roadmap.--Not later than 180 days after the 
     date of the enactment of the Intelligence Authorization Act 
     for Fiscal Year 2021, the Director of National Intelligence 
     shall develop and maintain a long-term roadmap for the 
     intelligence community information technology environment.
       ``(f) Business Plan.--Not later than 180 days after the 
     date of the enactment of the Intelligence Authorization Act 
     for Fiscal Year 2021, the Director of National Intelligence 
     shall develop and maintain a business plan to implement the 
     long-term roadmap required by subsection (e).''.

     SEC. 311. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE 
                   CENTRAL INTELLIGENCE AGENCY TO IMPROVE 
                   EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEERING, 
                   ARTS, AND MATHEMATICS.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.) is amended by adding the following:

     ``SEC. 24. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY, 
                   ENGINEERING, ARTS, AND MATHEMATICS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' includes 
     a department or agency of the Federal Government, a State, a 
     political subdivision of a State, an individual, and a not-
     for-profit or other organization in the private sector.
       ``(2) Educational institution.--The term `educational 
     institution' includes any public or private elementary school 
     or secondary school, institution of higher education, 
     college, university, or any other profit or nonprofit 
     institution that is dedicated to improving science, 
     technology, engineering, the arts, mathematics, business, 
     law, medicine, or other fields that promote development and 
     education relating to science, technology, engineering, the 
     arts, or mathematics.
       ``(3) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, and 
     any other territory or possession of the United States.

[[Page S3347]]

       ``(b) Requirements.--The Director shall, on a continuing 
     basis--
       ``(1) identify actions that the Director may take to 
     improve education in the scientific, technology, engineering, 
     arts, and mathematics (known as `STEAM') skills necessary to 
     meet the long-term national security needs of the United 
     States for personnel proficient in such skills; and
       ``(2) establish and conduct programs to carry out such 
     actions.
       ``(c) Authorities.--
       ``(1) In general.--The Director, in support of educational 
     programs in science, technology, engineering, the arts, and 
     mathematics, may--
       ``(A) award grants to eligible entities;
       ``(B) provide cash awards and other items to eligible 
     entities;
       ``(C) accept voluntary services from eligible entities;
       ``(D) support national competition judging, other 
     educational event activities, and associated award ceremonies 
     in connection with such educational programs; and
       ``(E) enter into one or more education partnership 
     agreements with educational institutions in the United States 
     for the purpose of encouraging and enhancing study in 
     science, technology, engineering, the arts, and mathematics 
     disciplines at all levels of education.
       ``(2) Education partnership agreements.--
       ``(A) Nature of assistance provided.--Under an education 
     partnership agreement entered into with an educational 
     institution under paragraph (1)(E), the Director may provide 
     assistance to the educational institution by--
       ``(i) loaning equipment to the educational institution for 
     any purpose and duration in support of such agreement that 
     the Director considers appropriate;
       ``(ii) making personnel available to teach science courses 
     or to assist in the development of science courses and 
     materials for the educational institution;
       ``(iii) providing sabbatical opportunities for faculty and 
     internship opportunities for students;
       ``(iv) involving faculty and students of the educational 
     institution in Agency projects, including research and 
     technology transfer or transition projects;
       ``(v) cooperating with the educational institution in 
     developing a program under which students may be given 
     academic credit for work on Agency projects, including 
     research and technology transfer for transition projects; and
       ``(vi) providing academic and career advice and assistance 
     to students of the educational institution.
       ``(B) Priorities.--In entering into education partnership 
     agreements under paragraph (1)(E), the Director shall 
     prioritize entering into education partnership agreements 
     with the following:
       ``(i) Historically Black colleges and universities and 
     other minority-serving institutions, as described in section 
     371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       ``(ii) Educational institutions serving women, members of 
     minority groups, and other groups of individuals who 
     traditionally are involved in the science, technology, 
     engineering, arts, and mathematics professions in 
     disproportionately low numbers.
       ``(d) Designation of Advisor.--The Director shall designate 
     one or more individuals within the Agency to advise and 
     assist the Director regarding matters relating to science, 
     technology, engineering, the arts, and mathematics education 
     and training.''.

    Subtitle B--Reports and Assessments Pertaining to Intelligence 
                               Community

     SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED 
                   STATES ON EFFORTS OF THE INTELLIGENCE COMMUNITY 
                   AND THE DEPARTMENT OF DEFENSE TO IDENTIFY AND 
                   MITIGATE RISKS POSED TO THE INTELLIGENCE 
                   COMMUNITY AND THE DEPARTMENT BY THE USE OF 
                   DIRECT-TO-CONSUMER GENETIC TESTING BY THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Assessment Required.--The Comptroller General of the 
     United States shall assess the efforts of the intelligence 
     community and the Department of Defense to identify and 
     mitigate the risks posed to the intelligence community and 
     the Department by the use of direct-to-consumer genetic 
     testing by the Government of the People's Republic of China.
       (b) Report Required.--
       (1) Definition of united states direct-to-consumer genetic 
     testing company.--In this subsection, the term ``United 
     States direct-to-consumer genetic testing company'' means a 
     private entity that--
       (A) carries out direct-to-consumer genetic testing; and
       (B) is organized under the laws of the United States or any 
     jurisdiction within the United States.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to Congress, including the congressional intelligence 
     committees, the Committee on Armed Services of the Senate, 
     and the Committee on Armed Services of the House of 
     Representatives, a report on the assessment required by 
     subsection (a).
       (3) Elements.--The report required by paragraph (2) shall 
     include the following:
       (A) A description of key national security risks and 
     vulnerabilities associated with direct-to-consumer genetic 
     testing, including--
       (i) how the Government of the People's Republic of China 
     may be using data provided by personnel of the intelligence 
     community and the Department through direct-to-consumer 
     genetic tests; and
       (ii) how ubiquitous technical surveillance may amplify 
     those risks.
       (B) An assessment of the extent to which the intelligence 
     community and the Department have identified risks and 
     vulnerabilities posed by direct-to-consumer genetic testing 
     and have sought to mitigate such risks and vulnerabilities, 
     or have plans for such mitigation, including the extent to 
     which the intelligence community has determined--
       (i) in which United States direct-to-consumer genetic 
     testing companies the Government of the People's Republic of 
     China or entities owned or controlled by the Government of 
     the People's Republic of China have an ownership interest; 
     and
       (ii) which United States direct-to-consumer genetic testing 
     companies may have sold data to the Government of the 
     People's Republic of China or entities owned or controlled by 
     the Government of the People's Republic of China.
       (C) Such recommendations as the Comptroller General may 
     have for action by the intelligence community and the 
     Department to improve the identification and mitigation of 
     risks and vulnerabilities posed by the use of direct-to-
     consumer genetic testing by the Government of the People's 
     Republic of China.
       (4) Form.--The report required by paragraph (2) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Cooperation.--The heads of relevant elements of the 
     intelligence community and components of the Department 
     shall--
       (1) fully cooperate with the Comptroller General in 
     conducting the assessment required by subsection (a); and
       (2) provide any information and data required by the 
     Comptroller General to conduct the assessment.

     SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING 
                   FLEXIBILITIES AND EXPEDITED HUMAN RESOURCES 
                   PRACTICES TO ASSURE QUALITY AND DIVERSITY IN 
                   THE WORKFORCE OF THE INTELLIGENCE COMMUNITY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on how elements of the intelligence 
     community are exercising hiring flexibilities and expedited 
     human resources practices afforded under section 3326 of 
     title 5, United States Code, and subpart D of part 315 of 
     title 5, Code of Federal Regulations, or successor 
     regulation, to assure quality and diversity in the workforce 
     of the intelligence community.
       (b) Obstacles.--The report submitted under subsection (a) 
     shall include identification of any obstacles encountered by 
     the intelligence community in exercising the authorities 
     described in such subsection.

     SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND 
                   REQUIREMENTS.

       (a) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on signals intelligence priorities and 
     requirements subject to Presidential Policy Directive 28.
       (b) Elements.--The report required by subsection (a) shall 
     cover the following:
       (1) The implementation of the annual process for advising 
     the Director on signals intelligence priorities and 
     requirements described in section 3 of Presidential Policy 
     Directive 28.
       (2) The signals intelligence priorities and requirements as 
     of the most recent annual process.
       (3) The application of such priorities and requirements to 
     the signals intelligence collection efforts of the 
     intelligence community.
       (4) The contents of the classified annex referenced in 
     section 3 of Presidential Policy Directive 28.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT 
                   PROGRAM BENEFIT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the head of each element of the 
     intelligence community shall--
       (1) calculate the number of personnel of that element who 
     qualify for a student loan repayment program benefit;
       (2) compare the number calculated under paragraph (1) to 
     the number of personnel who apply for such a benefit;
       (3) provide recommendations for how to structure such a 
     program to optimize participation and enhance the 
     effectiveness of the benefit as a retention tool, including 
     with respect to the amount of the benefit offered and the 
     length of time an employee receiving a benefit is required to 
     serve under a continuing service agreement; and
       (4) identify any shortfall in funds or authorities needed 
     to provide such a benefit.

[[Page S3348]]

       (b) Inclusion in Fiscal Year 2022 Budget Submission.--The 
     Director of National Intelligence shall include in the budget 
     justification materials submitted to Congress in support of 
     the budget for the intelligence community for fiscal year 
     2022 (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code) a report on 
     the findings of the elements of the intelligence community 
     under subsection (a).

     SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR 
                   CHILD CARE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the heads of the elements 
     of the intelligence community specified in subsection (b), 
     shall submit to the congressional intelligence committees a 
     report that includes--
       (1) a calculation of the total annual demand for child care 
     by employees of such elements, at or near the workplaces of 
     such employees, including a calculation of the demand for 
     early morning and evening child care;
       (2) an identification of any shortfall between the demand 
     calculated under paragraph (1) and the child care supported 
     by such elements as of the date of the report;
       (3) an assessment of options for addressing any such 
     shortfall, including options for providing child care at or 
     near the workplaces of employees of such elements;
       (4) an identification of the advantages, disadvantages, 
     security requirements, and costs associated with each such 
     option;
       (5) a plan to meet, by the date that is 5 years after the 
     date of the report--
       (A) the demand calculated under paragraph (1); or
       (B) an alternative standard established by the Director for 
     child care available to employees of such elements; and
       (6) an assessment of needs of specific elements of the 
     intelligence community, including any Government-provided 
     child care that could be collocated with a workplace of 
     employees of such an element and any available child care 
     providers in the proximity of such a workplace.
       (b) Elements Specified.--The elements of the intelligence 
     community specified in this subsection are the following:
       (1) The Central Intelligence Agency.
       (2) The National Security Agency.
       (3) The Defense Intelligence Agency.
       (4) The National Geospatial-Intelligence Agency.
       (5) The National Reconnaissance Office.
       (6) The Office of the Director of National Intelligence.

     SEC. 326. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR 
                   THE INTELLIGENCE COMMUNITY.

       (a) Requirement for Survey and Evaluation of Customer 
     Feedback.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of National Intelligence, 
     in coordination with the head of each element of the 
     intelligence community, shall--
       (1) conduct a survey of the open source intelligence 
     requirements, goals, monetary and property investments, and 
     capabilities for each element of the intelligence community; 
     and
       (2) evaluate the usability and utility of the Open Source 
     Enterprise by soliciting customer feedback and evaluating 
     such feedback.
       (b) Requirement for Overall Strategy and for Intelligence 
     Community, Plan for Improving Usability of Open Source 
     Enterprise, and Risk Analysis of Creating Open Source 
     Center.--Not later than 180 days after the date of the 
     enactment of this Act, the Director, in coordination with the 
     head of each element of the intelligence community and using 
     the findings of the Director with respect to the survey 
     conducted under subsection (a), shall--
       (1) develop a strategy for open source intelligence 
     collection, analysis, and production that defines the 
     overarching goals, roles, responsibilities, and processes for 
     such collection, analysis, and production for the 
     intelligence community;
       (2) develop a plan for improving usability and utility of 
     the Open Source Enterprise based on the customer feedback 
     solicited under subsection (a)(2); and
       (3) conduct a risk and benefit analysis of creating an open 
     source center independent of any current intelligence 
     community element.
       (c) Requirement for Plan for Centralized Data Repository.--
     Not later than 270 days after the date of the enactment of 
     this Act and using the findings of the Director with respect 
     to the survey and evaluation conducted under subsection (a), 
     the strategy and plan developed under subsection (b), and the 
     risk and benefit analysis conducted under such subsection, 
     the Director shall develop a plan for a centralized data 
     repository of open source intelligence that enables all 
     elements of the intelligence community--
       (1) to use such repository for their specific requirements; 
     and
       (2) to derive open source intelligence advantages.
       (d) Requirement for Cost-sharing Model.--Not later than 1 
     year after the date of the enactment of this Act and using 
     the findings of the Director with respect to the survey and 
     evaluation conducted under subsection (a), the strategy and 
     plan developed under subsection (b), the risk and benefit 
     analysis conducted under such subsection, and the plan 
     developed under subsection (c), the Director shall develop a 
     cost-sharing model that leverages the open source 
     intelligence investments of each element of the intelligence 
     community for the beneficial use of the entire intelligence 
     community.
       (e) Congressional Briefing.--Not later than 1 year after 
     the date of the enactment of this Act, the Director of 
     National Intelligence, the Director of the Central 
     Intelligence Agency, the Director of the Defense Intelligence 
     Agency, the Director of the National Geospatial-Intelligence 
     Agency, and the Director of the National Security Agency 
     shall jointly brief the congressional intelligence committees 
     on--
       (1) the strategy developed under paragraph (1) of 
     subsection (b);
       (2) the plan developed under paragraph (2) of such 
     subsection;
       (3) the plan developed under subsection (c); and
       (4) the cost-sharing model developed under subsection (d).

          TITLE IV--SECURITY CLEARANCES AND TRUSTED WORKFORCE

     SEC. 401. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN 
                   SECURITY CLEARANCE PROCEDURES, AND RIGHT TO 
                   APPEAL.

       (a) Exclusivity of Procedures.--Section 801 of the National 
     Security Act of 1947 (50 U.S.C. 3161) is amended by adding at 
     the end the following:
       ``(c) Exclusivity.--Except as provided in subsection (b) 
     and subject to sections 801A and 801B, the procedures 
     established pursuant to subsection (a) and promulgated and 
     set forth under subpart A of title 32, Code of Federal 
     Regulations, or successor regulations, shall be the exclusive 
     procedures by which decisions about eligibility for access to 
     classified information are governed.''.
       (b) Transparency.--Such section is further amended by 
     adding at the end the following:
       ``(d) Publication.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the President shall--
       ``(A) publish in the Federal Register the procedures 
     established pursuant to subsection (a); or
       ``(B) submit to Congress a certification that the 
     procedures currently in effect that govern access to 
     classified information as described in subsection (a)--
       ``(i) are published in the Federal Register; and
       ``(ii) comply with the requirements of subsection (a).
       ``(2) Updates.--Whenever the President makes a revision to 
     a procedure established pursuant to subsection (a), the 
     President shall publish such revision in the Federal Register 
     not later than 30 days before the date on which the revision 
     becomes effective.''.
       (c) Consistency.--
       (1) In general.--Title VIII of the National Security Act of 
     1947 (50 U.S.C. 3161 et seq.) is amended by inserting after 
     section 801 the following:

     ``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED 
                   INFORMATION.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term `Executive agency' in section 105 of title 5, United 
     States Code.
       ``(2) Classified information.--The term `classified 
     information' includes sensitive compartmented information, 
     restricted data, restricted handling information, and other 
     compartmented information.
       ``(3) Eligibility for access to classified information.--
     The term `eligibility for access to classified information' 
     has the meaning given such term in the procedures established 
     pursuant to section 801(a).
       ``(b) In General.--Each head of an agency that makes a 
     determination regarding eligibility for access to classified 
     information shall ensure that in making the determination, 
     the head of the agency or any person acting on behalf of the 
     head of the agency--
       ``(1) does not violate any right or protection enshrined in 
     the Constitution of the United States, including rights 
     articulated in the First, Fifth, and Fourteenth Amendments;
       ``(2) does not discriminate for or against an individual on 
     the basis of race, ethnicity, color, religion, sex, national 
     origin, age, or handicap;
       ``(3) is not carrying out--
       ``(A) retaliation for political activities or beliefs; or
       ``(B) a coercion or reprisal described in section 
     2302(b)(3) of title 5, United States Code; and
       ``(4) does not violate section 3001(j)(1) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341(j)(1)).''.
       (2) Clerical amendment.--The table of contents in the 
     matter preceding section 2 of the National Security Act of 
     1947 (50 U.S.C. 3002) is amended by inserting after the item 
     relating to section 801 the following:

``Sec. 801A. Decisions relating to access to classified information.''.
       (d) Right to Appeal.--
       (1) In general.--Such title, as amended by subsection (c), 
     is further amended by inserting after section 801A the 
     following:

     ``SEC. 801B. RIGHT TO APPEAL.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term `Executive agency' in section 105 of title 5, United 
     States Code.
       ``(2) Covered person.--The term `covered person' means a 
     person, other than the President and Vice President, 
     currently or formerly employed in, detailed to, assigned

[[Page S3349]]

     to, or issued an authorized conditional offer of employment 
     for a position that requires access to classified information 
     by an agency, including the following:
       ``(A) A member of the Armed Forces.
       ``(B) A civilian.
       ``(C) An expert or consultant with a contractual or 
     personnel obligation to an agency.
       ``(D) Any other category of person who acts for or on 
     behalf of an agency as determined by the head of the agency.
       ``(3) Eligibility for access to classified information.--
     The term `eligibility for access to classified information' 
     has the meaning given such term in the procedures established 
     pursuant to section 801(a).
       ``(4) Need for access.--The term `need for access' has such 
     meaning as the President may define in the procedures 
     established pursuant to section 801(a).
       ``(5) Reciprocity of clearance.--The term `reciprocity of 
     clearance', with respect to a denial by an agency, means that 
     the agency, with respect to a covered person--
       ``(A) failed to accept a security clearance background 
     investigation as required by paragraph (1) of section 3001(d) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (50 U.S.C. 3341(d));
       ``(B) failed to accept a transferred security clearance 
     background investigation required by paragraph (2) of such 
     section;
       ``(C) subjected the covered person to an additional 
     investigative or adjudicative requirement in violation of 
     paragraph (3) of such section; or
       ``(D) conducted an investigation in violation of paragraph 
     (4) of such section.
       ``(6) Security executive agent.--The term `Security 
     Executive Agent' means the officer serving as the Security 
     Executive Agent pursuant to section 803.
       ``(b) Agency Review.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2021, each head of an agency shall, consistent 
     with the interest of national security, establish and publish 
     in the Federal Register a process by which a covered person 
     to whom eligibility for access to classified information was 
     denied or revoked by the agency or for whom reciprocity of 
     clearance was denied by the agency can appeal that denial or 
     revocation within the agency.
       ``(2) Elements.--The process required by paragraph (1) 
     shall include the following:
       ``(A) In the case of a covered person to whom eligibility 
     for access to classified information or reciprocity of 
     clearance is denied or revoked by an agency, the following:
       ``(i) The head of the agency shall provide the covered 
     person with a written--

       ``(I) detailed explanation of the basis for the denial or 
     revocation as the head of the agency determines is consistent 
     with the interests of national security and as permitted by 
     other applicable provisions of law; and
       ``(II) notice of the right of the covered person to a 
     hearing and appeal under this subsection.

       ``(ii) Not later than 30 days after receiving a request 
     from the covered person for copies of the documents that 
     formed the basis of the agency's decision to revoke or deny, 
     including the investigative file, the head of the agency 
     shall provide to the covered person copies of such documents 
     as--

       ``(I) the head of the agency determines is consistent with 
     the interests of national security; and
       ``(II) permitted by other applicable provisions of law, 
     including--

       ``(aa) section 552 of title 5, United States Code (commonly 
     known as the `Freedom of Information Act');
       ``(bb) section 552a of such title (commonly known as the 
     `Privacy Act of 1974'); and
       ``(cc) such other provisions of law relating to the 
     protection of confidential sources and privacy of 
     individuals.
       ``(iii)(I) The covered person shall have the opportunity to 
     retain counsel or other representation at the covered 
     person's expense.
       ``(II) Upon the request of the covered person, and a 
     showing that the ability to review classified information is 
     essential to the resolution of an appeal under this 
     subsection, counsel or other representation retained under 
     this clause shall be considered for access to classified 
     information for the limited purposes of such appeal.
       ``(iv)(I) The head of the agency shall provide the covered 
     person an opportunity, at a point in the process determined 
     by the agency head--

       ``(aa) to appear personally before an adjudicative or other 
     authority, other than the investigating entity, and to 
     present to such authority relevant documents, materials, and 
     information, including evidence that past problems relating 
     to the denial or revocation have been overcome or 
     sufficiently mitigated; and
       ``(bb) to call and cross-examine witnesses before such 
     authority, unless the head of the agency determines that 
     calling and cross-examining witnesses is not consistent with 
     the interests of national security.

       ``(II) The head of the agency shall make, as part of the 
     security record of the covered person, a written summary, 
     transcript, or recording of any appearance under item (aa) of 
     subclause (I) or of any calling or cross-examining of 
     witnesses under item (bb) of such subclause.
       ``(v) On or before the date that is 30 days after the date 
     on which the covered person receives copies of documents 
     under clause (ii), the covered person may request a hearing 
     of the decision to deny or revoke by filing a written appeal 
     with the head of the agency.
       ``(B) A requirement that each review of a decision under 
     this subsection is completed on average not later than 180 
     days after the date on which a hearing is requested under 
     subparagraph (A)(v).
       ``(3) Agency review panels.--
       ``(A) In general.--Each head of an agency shall establish a 
     panel to hear and review appeals under this subsection.
       ``(B) Membership.--
       ``(i) Composition.--Each panel established by the head of 
     an agency under subparagraph (A) shall be composed of at 
     least three employees of the agency selected by the agency 
     head, two of whom shall not be members of the security field.
       ``(ii) Terms.--A term of service on a panel established by 
     the head of an agency under subparagraph (A) shall not exceed 
     2 years.
       ``(C) Decisions.--
       ``(i) Written.--Each decision of a panel established under 
     subparagraph (A) shall be in writing and contain a 
     justification of the decision.
       ``(ii) Consistency.--Each head of an agency that 
     establishes a panel under subparagraph (A) shall ensure that 
     each decision of the panel is consistent with the interests 
     of national security and applicable provisions of law.
       ``(iii) Overturn.--The head of an agency may overturn a 
     decision of the panel if, not later than 30 days after the 
     date on which the panel issues the decision, the agency head 
     personally exercises the authority granted by this clause to 
     overturn such decision.
       ``(iv) Finality.--Each decision of a panel established 
     under subparagraph (A) or overturned pursuant to clause (iii) 
     of this subparagraph shall be final.
       ``(D) Access to classified information.--The head of an 
     agency that establishes a panel under subparagraph (A) shall 
     afford access to classified information to the members of the 
     panel as the agency head determines--
       ``(i) necessary for the panel to hear and review an appeal 
     under this subsection; and
       ``(ii) consistent with the interests of national security.
       ``(4) Representation by counsel.--
       ``(A) In general.--Each head of an agency shall ensure 
     that, under this subsection, a covered person appealing a 
     decision of the head's agency under this subsection has an 
     opportunity to retain counsel or other representation at the 
     covered person's expense.
       ``(B) Access to classified information.--
       ``(i) In general.--Upon the request of a covered person 
     appealing a decision of an agency under this subsection and a 
     showing that the ability to review classified information is 
     essential to the resolution of the appeal under this 
     subsection, the head of the agency shall sponsor an 
     application by the counsel or other representation retained 
     under this paragraph for access to classified information for 
     the limited purposes of such appeal.
       ``(ii) Extent of access.--Counsel or another representative 
     who is cleared for access under this subparagraph may be 
     afforded access to relevant classified materials to the 
     extent consistent with the interests of national security.
       ``(5) Publication of decisions.--
       ``(A) In general.--Each head of an agency shall publish 
     each final decision on an appeal under this subsection.
       ``(B) Requirements.--In order to ensure transparency, 
     oversight by Congress, and meaningful information for those 
     who need to understand how the clearance process works, each 
     publication under subparagraph (A) shall be--
       ``(i) made in a manner that is consistent with section 552 
     of title 5, United States Code, as amended by the Electronic 
     Freedom of Information Act Amendments of 1996 (Public Law 
     104-231);
       ``(ii) published to explain the facts of the case, 
     redacting personally identifiable information and sensitive 
     program information; and
       ``(iii) made available on a website that is searchable by 
     members of the public.
       ``(c) Period of Time for the Right to Appeal.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     covered person who has been the subject of a decision made by 
     the head of an agency to deny or revoke eligibility for 
     access to classified information shall retain all rights to 
     appeal under this section until the conclusion of the appeals 
     process under this section.
       ``(2) Waiver of rights.--
       ``(A) Persons.--Any covered person may voluntarily waive 
     the covered person's right to appeal under this section and 
     such waiver shall be conclusive.
       ``(B) Agencies.--The head of an agency may not require a 
     covered person to waive the covered person's right to appeal 
     under this section for any reason.
       ``(d) Waiver of Availability of Procedures for National 
     Security Interest.--
       ``(1) In general.--If the head of an agency determines that 
     a procedure established under subsection (b) cannot be made 
     available to a covered person in an exceptional case without 
     damaging a national security interest of the United States by 
     revealing classified information, such procedure shall not be 
     made available to such covered person.
       ``(2) Finality.--A determination under paragraph (1) shall 
     be final and conclusive

[[Page S3350]]

     and may not be reviewed by any other official or by any 
     court.
       ``(3) Reporting.--
       ``(A) Case-by-case.--
       ``(i) In general.--In each case in which the head of an 
     agency determines under paragraph (1) that a procedure 
     established under subsection (b) cannot be made available to 
     a covered person, the agency head shall, not later than 30 
     days after the date on which the agency head makes such 
     determination, submit to the Security Executive Agent and to 
     the congressional intelligence committees a report stating 
     the reasons for the determination.
       ``(ii) Form.--A report submitted under clause (i) may be 
     submitted in classified form as necessary.
       ``(B) Annual reports.--
       ``(i) In general.--Not less frequently than once each 
     fiscal year, the Security Executive Agent shall submit to the 
     congressional intelligence committees a report on the 
     determinations made under paragraph (1) during the previous 
     fiscal year.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, for the period covered by the report, the 
     following:

       ``(I) The number of cases and reasons for determinations 
     made under paragraph (1), disaggregated by agency.
       ``(II) Such other matters as the Security Executive Agent 
     considers appropriate.

       ``(e) Denials and Revocations Under Other Provisions of 
     Law.--
       ``(1) Rule of construction.--Nothing in this section shall 
     be construed to limit or affect the responsibility and power 
     of the head of an agency to deny or revoke eligibility for 
     access to classified information or to deny reciprocity of 
     clearance in the interest of national security.
       ``(2) Denials and revocation.--The power and responsibility 
     to deny or revoke eligibility for access to classified 
     information or to deny reciprocity of clearance pursuant to 
     any other provision of law or Executive order may be 
     exercised only when the head of an agency determines that an 
     applicable process established under this section cannot be 
     invoked in a manner that is consistent with national 
     security.
       ``(3) Finality.--A determination under paragraph (2) shall 
     be final and conclusive and may not be reviewed by any other 
     official or by any court.
       ``(4) Reporting.--
       ``(A) Case-by-case.--
       ``(i) In general.--In each case in which the head of an 
     agency determines under paragraph (2) that a determination 
     relating to a denial or revocation of eligibility for access 
     to classified information or denial of reciprocity of 
     clearance could not be made pursuant to a process established 
     under this section, the agency head shall, not later than 30 
     days after the date on which the agency head makes such a 
     determination under paragraph (2), submit to the Security 
     Executive Agent and to the congressional intelligence 
     committees a report stating the reasons for the 
     determination.
       ``(ii) Form.--A report submitted under clause (i) may be 
     submitted in classified form as necessary.
       ``(B) Annual reports.--
       ``(i) In general.--Not less frequently than once each 
     fiscal year, the Security Executive Agent shall submit to the 
     congressional intelligence committees a report on the 
     determinations made under paragraph (2) during the previous 
     fiscal year.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, for the period covered by the report, the 
     following:

       ``(I) The number of cases and reasons for determinations 
     made under paragraph (2), disaggregated by agency.
       ``(II) Such other matters as the Security Executive Agent 
     considers appropriate.

       ``(f) Relationship to Suitability.--No person may use a 
     determination of suitability under part 731 of title 5, Code 
     of Federal Regulations, or successor regulation, for the 
     purpose of denying a covered person the review proceedings of 
     this section where there has been a denial or revocation of 
     eligibility for access to classified information or a denial 
     of reciprocity of clearance.
       ``(g) Preservation of Roles and Responsibilities Under 
     Executive Order 10865 and of the Defense Office of Hearings 
     and Appeals.--Nothing in this section shall be construed to 
     diminish or otherwise affect the procedures in effect on the 
     day before the date of the enactment of this Act for denial 
     and revocation procedures provided to individuals by 
     Executive Order 10865 (50 U.S.C. 3161 note; relating to 
     safeguarding classified information within industry), or 
     successor order, including those administered through the 
     Defense Office of Hearings and Appeals of the Department of 
     Defense under Department of Defense Directive 5220.6, or 
     successor directive.
       ``(h) Rule of Construction Relating to Certain Other 
     Provisions of Law.--This section and the processes and 
     procedures established under this section shall not be 
     construed to apply to paragraphs (6) and (7) of section 
     3001(j) of the Intelligence Reform and Terrorism Prevention 
     Act of 2004 (50 U.S.C. 3341(j)).''.
       (2) Clerical amendment.--The table of contents in the 
     matter preceding section 2 of the National Security Act of 
     1947 (50 U.S.C. 3002), as amended by subsection (c), is 
     further amended by inserting after the item relating to 
     section 801A the following:

``Sec. 801B. Right to appeal.''.

     SEC. 402. ESTABLISHING PROCESS PARITY FOR SECURITY CLEARANCE 
                   REVOCATIONS.

       Subparagraph (C) of section 3001(j)(4) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)(4)) is amended to read as follows:
       ``(C) Burdens of proof.--
       ``(i) In general.--Subject to clause (iii), in determining 
     whether the adverse security clearance or access 
     determination violated paragraph (1), the agency shall find 
     that paragraph (1) was violated if the individual has 
     demonstrated that a disclosure described in paragraph (1) was 
     a contributing factor in the adverse security clearance or 
     access determination taken against the individual.
       ``(ii) Circumstantial evidence.--An individual under clause 
     (i) may demonstrate that the disclosure was a contributing 
     factor in the adverse security clearance or access 
     determination taken against the individual through 
     circumstantial evidence, such as evidence that--

       ``(I) the official making the determination knew of the 
     disclosure; and
       ``(II) the determination occurred within a period such that 
     a reasonable person could conclude that the disclosure was a 
     contributing factor in the determination.

       ``(iii) Defense.--In determining whether the adverse 
     security clearance or access determination violated paragraph 
     (1), the agency shall not find that paragraph (1) was 
     violated if, after a finding that a disclosure was a 
     contributing factor, the agency demonstrates by clear and 
     convincing evidence that it would have made the same security 
     clearance or access determination in the absence of such 
     disclosure.''.

     SEC. 403. FEDERAL POLICY ON SHARING OF DEROGATORY INFORMATION 
                   PERTAINING TO CONTRACTOR EMPLOYEES IN THE 
                   TRUSTED WORKFORCE.

       (a) Policy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Security Executive 
     Agent, in coordination with the principal members of the 
     Performance Accountability Council and the Attorney General, 
     shall issue a policy for the Federal Government on sharing of 
     derogatory information pertaining to contractor employees 
     engaged by the Federal Government.
       (b) Consent Requirement.--
       (1) In general.--The policy issued under subsection (a) 
     shall require, as a condition of accepting a security 
     clearance with the Federal Government, that a contractor 
     employee provide prior written consent for the Federal 
     Government to share covered derogatory information with the 
     chief security officer of the contractor employer that 
     employs the contractor employee.
       (2) Covered derogatory information.--For purposes of this 
     section, covered derogatory information--
       (A) is information that--
       (i) contravenes National Security Adjudicative Guidelines 
     as specified in Security Executive Agent Directive 4 (10 
     C.F.R. 710 app. A), or any successor Federal policy;
       (ii) a Federal Government agency certifies is accurate and 
     reliable;
       (iii) is relevant to a contractor's ability to protect 
     against insider threats as required by section 1-202 of the 
     National Industrial Security Program Operating Manual 
     (NISPOM), or successor manual; and
       (iv) may have a bearing on the contractor employee's 
     suitability for a position of public trust or to receive 
     credentials to access certain facilities of the Federal 
     Government; and
       (B) shall include any negative information considered in 
     the adjudicative process, including information provided by 
     the contractor employee on forms submitted for the processing 
     of the contractor employee's security clearance.
       (c) Elements.--The policy issued under subsection (a) 
     shall--
       (1) require Federal agencies, except under exceptional 
     circumstances specified by the Security Executive Agent, to 
     share with the contractor employer of a contractor employee 
     engaged with the Federal Government the existence of 
     potentially derogatory information and which National 
     Security Adjudicative Guideline it falls under, with the 
     exception that the Security Executive Agent may waive such 
     requirement in circumstances the Security Executive Agent 
     considers extraordinary;
       (2) require that covered derogatory information shared with 
     a contractor employer as described in subsection (b)(1) be 
     used by the contractor employer exclusively for risk 
     mitigation purposes under section 1-202 of the National 
     Industrial Security Program Operating Manual, or successor 
     manual;
       (3) require Federal agencies to share any mitigation 
     measures in place to address the derogatory information;
       (4) establish standards for timeliness for sharing the 
     derogatory information;
       (5) specify the methods by which covered derogatory 
     information will be shared with the contractor employer of 
     the contractor employee;
       (6) allow the contractor employee, within a specified 
     timeframe, the right--
       (A) to contest the accuracy and reliability of covered 
     derogatory information;
       (B) to address or remedy any concerns raised by the covered 
     derogatory information; and
       (C) to provide documentation pertinent to subparagraph (A) 
     or (B) for an agency to place in relevant security clearance 
     databases;
       (7) establish a procedure by which the contractor employer 
     of the contractor employee may consult with the Federal 
     Government

[[Page S3351]]

     prior to taking any remedial action under section 1-202 of 
     the National Industrial Security Program Operating Manual, or 
     successor manual, to address the derogatory information the 
     Federal agency has provided;
       (8) stipulate that the chief security officer of the 
     contractor employer is prohibited from sharing or discussing 
     covered derogatory information with other parties, including 
     nonsecurity professionals at the contractor employer; and
       (9) require companies in the National Industrial Security 
     Program to comply with the policy.
       (d) Consideration of Lessons Learned From Information-
     sharing Program for Positions of Trust and Security 
     Clearances.--In developing the policy issued under subsection 
     (a), the Director shall consider, to the extent available, 
     lessons learned from actions taken to carry out section 
     6611(f) of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92).

                   TITLE V--REPORTS AND OTHER MATTERS

     SEC. 501. SECURE AND TRUSTED TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (F) the Committee on Appropriations of the Senate;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives;
       (J) the Committee on Armed Services of the House of 
     Representatives;
       (K) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (L) the Committee on Appropriations of the House of 
     Representatives.
       (2) Fifth-generation wireless network.--The term ``fifth-
     generation wireless network'' means a radio network as 
     described by the 3rd Generation Partnership Project (3GPP) 
     Release 15 or higher.
       (b) Supporting the Development and Adoption of Secure and 
     Trusted Technologies Among Intelligence Allies and 
     Partners.--
       (1) Communications technology security and innovation 
     fund.--
       (A) Establishment of fund.--
       (i) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Communications 
     Technology Security and Innovation Fund'' (referred to in 
     this paragraph as the ``Security Fund'').
       (ii) Administration.--The Director of the Intelligence 
     Advanced Research Projects Activity shall administer the 
     Security Fund.
       (iii) Contents of fund.--

       (I) In general.--The fund shall consist of--

       (aa) amounts appropriated pursuant to the authorization of 
     appropriations under paragraph (3)(A); and
       (bb) such other amounts as may be appropriated or otherwise 
     made available to the Director of the Intelligence Advanced 
     Research Projects Activity to be deposited in the Security 
     Fund.

       (II) Availability.--

       (aa) In general.--Amounts deposited in the Security Fund 
     shall remain available through the end of the tenth fiscal 
     year beginning after the date of the enactment of this Act.
       (bb) Remainder to treasury.--Any amounts remaining in the 
     Security Fund after the end of the tenth fiscal year 
     beginning after the date of the enactment of this Act shall 
     be deposited in the general fund of the Treasury.
       (iv) Use of amounts.--Amounts deposited in the Security 
     Fund shall be available to the Director of the Intelligence 
     Advanced Research Projects Activity to award grants under 
     subparagraph (B).
       (B) Grants.--
       (i) In general.--The Director of the Intelligence Advanced 
     Research Projects Activity shall award grants to support 
     research and the commercial application of such research, 
     including in the following areas:

       (I) Promoting the development of technology, including 
     software, hardware, and microprocessing technology, that will 
     enhance competitiveness in fifth-generation (commonly known 
     as ``5G'') and successor wireless technology supply chains.
       (II) Accelerating development and deployment of open 
     interface, standards-based compatible interoperable 
     equipment, such as equipment developed pursuant to the 
     standards set forth by organizations such as the O-RAN 
     Alliance, the Telecom Infra Project, 3GPP, the O-RAN Software 
     Community, or any successor organizations.
       (III) Promoting compatibility of new fifth-generation 
     wireless network equipment with future open standards-based 
     interoperable equipment.
       (IV) Managing integration of multivendor network 
     environments.
       (V) Objective criteria to define equipment as compliant 
     with open standards for multivendor network equipment 
     interoperability.
       (VI) Promoting development and inclusion of security 
     features enhancing the integrity and availability of 
     equipment in multivendor networks.
       (VII) Promoting the application of network function 
     virtualization to facilitate multivendor interoperability and 
     a more diverse vendor market.

       (ii) Amount.--

       (I) In general.--Subject to subclause (II), a grant awarded 
     under clause (i) shall be in such amount as the Director of 
     the Intelligence Advanced Research Projects Activity consider 
     appropriate.
       (II) Limitation on grant amounts.--The amount of a grant 
     awarded under this paragraph to a recipient for a specific 
     research focus area may not exceed $100,000,000.

       (iii) Criteria.--The Director of the Intelligence Advanced 
     Research Projects Activity, in consultation with the 
     Secretary of Defense, the Assistant Secretary of Commerce for 
     Communications and Information, the Director of the National 
     Institute of Standards and Technology, and the Secretary of 
     Homeland Security, shall establish criteria for grants 
     awarded under clause (i).
       (iv) Timing.--Not later than 1 year after the date of the 
     enactment of this Act, the Director of the Intelligence 
     Advanced Research Projects Activity shall begin awarding 
     grants under clause (i).
       (C) Federal advisory body.--
       (i) Establishment.--The Director of the Intelligence 
     Advanced Research Projects Activity shall establish a Federal 
     advisory committee, in accordance with the Federal Advisory 
     Committee Act (5 U.S.C. App.), composed of government and 
     private sector experts, to advise the Director of the 
     Intelligence Advanced Research Projects Activity on the 
     administration of the Security Fund.
       (ii) Composition.--The advisory committee established under 
     clause (i) shall be composed of--

       (I) representatives from--

       (aa) the Federal Communications Commission;
       (bb) the National Institute of Standards and Technology;
       (cc) the Department of Defense;
       (dd) the Department of State;
       (ee) the National Science Foundation; and
       (ff) the Department of Homeland Security; and

       (II) other representatives from the private and public 
     sectors, at the discretion of the Security Fund.

       (iii) Duties.--The advisory committee established under 
     clause (i) shall advise the Director of the Intelligence 
     Advanced Research Projects Activity on technology 
     developments to help inform--

       (I) the strategic direction of the Security Fund; and
       (II) efforts of the Federal Government to promote a more 
     secure, diverse, sustainable, and competitive supply chain.

       (D) Reports to congress.--
       (i) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of the 
     Intelligence Advanced Research Projects Activity shall submit 
     to the appropriate committees of Congress a report with--

       (I) additional recommendations on promoting the 
     competitiveness and sustainability of trusted suppliers in 
     the wireless supply chain; and
       (II) any additional authorities needed to facilitate the 
     timely adoption of open standards-based equipment, including 
     authority to provide loans, loan guarantees, and other forms 
     of credit extension that would maximize the use of designated 
     funds.

       (ii) Annual report.--For each fiscal year for which amounts 
     in the Security Fund are available under this paragraph, the 
     Director of the Intelligence Advanced Research Projects 
     Activity shall submit to Congress a report that--

       (I) describes how, and to whom, grants have been awarded 
     under subparagraph (B);
       (II) details the progress of the Director of the 
     Intelligence Advanced Research Projects Activity in meeting 
     the objectives described in subparagraph (B)(i); and
       (III) includes such other information as the Director of 
     the Intelligence Advanced Research Projects Activity 
     determine appropriate.

       (2) Multilateral telecommunications security fund.--
       (A) Establishment of fund.--
       (i) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Multilateral 
     Telecommunications Security Fund'' (in this section referred 
     to as the ``Multilateral Fund'').
       (ii) Administration.--The Director of National Intelligence 
     and the Secretary of Defense shall jointly administer the 
     Multilateral Fund.
       (iii) Use of amounts.--Amounts in the Multilateral Fund 
     shall be used to establish the common funding mechanism 
     required by subparagraph (B).
       (iv) Contents of fund.--

       (I) In general.--The Multilateral Fund shall consist of 
     amounts appropriated pursuant to the authorization of 
     appropriations under paragraph (3)(B) and such other amounts 
     as may be appropriated or otherwise made available to the 
     Director and the Secretary to be deposited in the 
     Multilateral Fund.
       (II) Availability.--

       (aa) In general.--Amounts deposited in the Multilateral 
     Fund shall remain available through fiscal year 2031.
       (bb) Remainder to treasury.--Any amounts remaining in the 
     Fund after fiscal year 2031 shall be deposited in the General 
     Fund of the Treasury.

[[Page S3352]]

       (B) Multilateral common funding mechanism.--
       (i) In general.--The Director and the Secretary shall 
     jointly, in coordination with foreign partners, establish a 
     common funding mechanism that uses amounts from the 
     Multilateral Fund to support the development and adoption of 
     secure and trusted telecommunications technologies in key 
     markets globally.
       (ii) Consultation required.--The Director and the Secretary 
     shall carry out clause (i) in consultation with the 
     following:

       (I) The Federal Communications Commission.
       (II) The Secretary of State.
       (III) The Assistant Secretary of Commerce for 
     Communications and Information.
       (IV) The Director of the Intelligence Advanced Research 
     Projects Activity.
       (V) The Under Secretary of Commerce for Standards and 
     Technology.

       (C) Annual report to congress.--
       (i) In general.--Not later than 1 year after the date of 
     the enactment of this Act and not less frequently than once 
     each fiscal year thereafter until fiscal year 2031, the 
     Director and the Secretary shall jointly submit to the 
     appropriate committees of Congress an annual report on the 
     Multilateral Fund and the use of amounts under subparagraph 
     (B).
       (ii) Contents.--Each report submitted under clause (i) 
     shall include, for the fiscal year covered by the report, the 
     following:

       (I) Any funding commitments from foreign partners, 
     including each specific amount committed.
       (II) Governing criteria for use of the amounts in the 
     Multilateral Fund.
       (III) An account of--

       (aa) how, and to whom, funds have been deployed;
       (bb) amounts remaining in the Multilateral Fund; and
       (cc) the progress of the Director and the Secretary in 
     meeting the objective described in subparagraph (B)(i).

       (IV) Such recommendations for legislative or administrative 
     action as the Director and the Secretary may have to enhance 
     the effectiveness of the Multilateral Fund in achieving the 
     security goals of the United States.

       (3) Authorization of appropriations.--
       (A) Communications technology security and innovation 
     fund.--There is authorized to be appropriated to carry out 
     paragraph (1) $750,000,000 for the period of fiscal years 
     2021 through 2031.
       (B) Multilateral telecommunications security fund.--There 
     is authorized to be appropriated to carry out paragraph (2) 
     $750,000,000 for the period of fiscal years 2021 through 
     2031.
       (c) Exposing Political Pressure in International Standards-
     setting Bodies That Set Standards for Fifth-generation 
     Wireless Networks.--
       (1) Report required.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report on political pressure within international 
     forums that set standards for fifth-generation wireless 
     networks and for future generations of wireless networks, 
     including--
       (i) the International Telecommunication Union (ITU);
       (ii) the International Organization for Standardization 
     (ISO);
       (iii) the Inter-American Telecommunication Commission 
     (CITEL); and
       (iv) the voluntary standards organizations that develop 
     protocols for wireless devices and other equipment, such as 
     the 3rd Generation Partnership Project (3GPP) and the 
     Institute of Electrical and Electronics Engineers (IEEE).
       (B) Form.--The report submitted under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (2) Consultation required.--The Director and the Secretary 
     shall carry out paragraph (1) in consultation with the 
     following:
       (A) The Federal Communications Commission.
       (B) The Secretary of State.
       (C) The Assistant Secretary of Commerce for Communications 
     and Information.
       (D) The Secretary of Defense.
       (E) The Director of National Intelligence.
       (F) The Under Secretary of Commerce for Standards and 
     Technology.

     SEC. 502. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD 
                   TELECOMMUNICATIONS AND CYBERSECURITY EQUIPMENT 
                   AND SERVICES FOR, OR TO PROVIDE SUCH EQUIPMENT 
                   AND SERVICES TO, CERTAIN ALLIES OF THE UNITED 
                   STATES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Five eyes country.--The term ``Five Eyes country'' 
     means any of the following:
       (A) Australia.
       (B) Canada.
       (C) New Zealand.
       (D) The United Kingdom.
       (E) The United States.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Central 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the Defense Intelligence Agency 
     shall jointly submit to the appropriate committees of 
     Congress a report on attempts by foreign adversaries to build 
     telecommunications and cybersecurity equipment and services 
     for, or to provide such equipment and services to, Five Eyes 
     countries.
       (c) Elements.--The report submitted under subsection (b) 
     shall include the following:
       (1) An assessment of United States intelligence sharing and 
     intelligence and military force posture in any Five Eyes 
     country that currently uses or intends to use 
     telecommunications or cybersecurity equipment or services 
     provided by a foreign adversary of the United States, 
     including China and Russia.
       (2) A description and assessment of mitigation of any 
     potential compromises or risks for any circumstance described 
     in paragraph (1).
       (d) Form.--The report required by subsection (b) shall 
     include an unclassified executive summary, and may include a 
     classified annex.

     SEC. 503. REPORT ON THREATS POSED BY USE BY FOREIGN 
                   GOVERNMENTS AND ENTITIES OF COMMERCIALLY 
                   AVAILABLE CYBER INTRUSION AND SURVEILLANCE 
                   TECHNOLOGY.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on the threats posed by the use by 
     foreign governments and entities of commercially available 
     cyber intrusion and other surveillance technology.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) Matters relating to threats described in subsection (a) 
     as they pertain to the following:
       (A) The threat posed to United States persons and persons 
     inside the United States.
       (B) The threat posed to United States personnel overseas.
       (C) The threat posed to employees of the Federal 
     Government, including through both official and personal 
     accounts and devices.
       (2) A description of which foreign governments and entities 
     pose the greatest threats from the use of technology 
     described in subsection (a) and the nature of those threats.
       (3) An assessment of the source of the commercially 
     available cyber intrusion and other surveillance technology 
     that poses the threats described in subsection (a), including 
     whether such technology is made by United States companies or 
     companies in the United States or by foreign companies.
       (4) An assessment of actions taken, as of the date of the 
     enactment of this Act, by the Federal Government and foreign 
     governments to limit the export of technology described in 
     subsection (a) from the United States or foreign countries to 
     foreign governments and entities in ways that pose the 
     threats described in such subsection.
       (5) Matters relating to how the Federal Government, 
     Congress, and foreign governments can most effectively 
     mitigate the threats described in subsection (a), including 
     matters relating to the following:
       (A) Working with the technology and telecommunications 
     industry to identify and improve the security of consumer 
     software and hardware used by United States persons and 
     persons inside the United States that is targeted by 
     commercial cyber intrusion and surveillance software.
       (B) Export controls.
       (C) Diplomatic pressure.
       (D) Trade agreements.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 504. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE 
                   SOLARIUM COMMISSION.

       (a) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Energy and Natural 
     Resources of the Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Homeland 
     Security, the Committee on Science, Space, and Technology, 
     and the Committee on Energy and Commerce of the House of 
     Representatives.
       (b) Reports Required.--Not later than 180 days after the 
     date of the enactment of this Act, each head of an agency 
     described in subsection (c) shall submit to the appropriate 
     committees of Congress a report on the recommendations 
     included in the report issued by the Cyberspace Solarium 
     Commission under section 1652(k) of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232).
       (c) Agencies Described.--The agencies described in this 
     subsection are the following:
       (1) The Office of the Director of National Intelligence.
       (2) The Department of Homeland Security.
       (3) The Department of Energy.
       (4) The Department of Commerce.
       (5) The Department of Defense.

[[Page S3353]]

       (d) Contents.--Each report submitted under subsection (b) 
     by the head of an agency described in subsection (c) shall 
     include the following:
       (1) An evaluation of the recommendations in the report 
     described in subsection (b) that the agency identifies as 
     pertaining directly to the agency.
       (2) A description of the actions taken, or the actions that 
     the head of the agency may consider taking, to implement any 
     of the recommendations (including a comprehensive estimate of 
     requirements for appropriations to take such actions).

     SEC. 505. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING 
                   TO ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND 
                   SEMICONDUCTORS AND RELATED SUPPLY CHAINS.

       (a) Assessment Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall complete a detailed assessment of critical 
     technology trends relating to artificial intelligence, 
     microchips, and semiconductors and related supply chains.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) Export controls.--
       (A) In general.--An assessment of efforts by partner 
     countries to enact and implement export controls and other 
     technology transfer measures with respect to artificial 
     intelligence, microchips, advanced manufacturing equipment, 
     and other artificial intelligence enabled technologies 
     critical to United States supply chains.
       (B) Identification of opportunities for cooperation.--The 
     assessment under subparagraph (A) shall identify 
     opportunities for further cooperation with international 
     partners on a multilateral and bilateral basis to strengthen 
     export control regimes and address technology transfer 
     threats.
       (2) Semiconductor supply chains.--
       (A) In general.--An assessment of global semiconductor 
     supply chains, including areas to reduce United States 
     vulnerabilities and maximize points of leverage.
       (B) Analysis of potential effects.--The assessment under 
     subparagraph (A) shall include an analysis of the potential 
     effects of significant geopolitical shifts, including those 
     related to Taiwan.
       (C) Identification of opportunities for diversification.--
     The assessment under subparagraph (A) shall also identify 
     opportunities for diversification of United States supply 
     chains, including an assessment of cost, challenges, and 
     opportunities to diversify manufacturing capabilities on a 
     multinational basis.
       (3) Computing power.--An assessment of trends relating to 
     computing power and the effect of such trends on global 
     artificial intelligence development and implementation, in 
     consultation with the Director of the Intelligence Advanced 
     Research Projects Activity, the Director of the Defense 
     Advanced Research Projects Agency, and the Director of the 
     National Institute of Standards and Technology, including 
     forward-looking assessments of how computing resources may 
     affect United States national security, innovation, and 
     implementation relating to artificial intelligence.
       (c) Report.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Financial 
     Services, and the Committee on Foreign Affairs of the House 
     of Representatives.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director shall submit to the 
     appropriate committees of Congress a report on the findings 
     of the Director with respect to the assessment completed 
     under subsection (a).
       (3) Form.--The report submitted under paragraph (2) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 506. COMBATING CHINESE INFLUENCE OPERATIONS IN THE 
                   UNITED STATES AND STRENGTHENING CIVIL LIBERTIES 
                   PROTECTIONS.

       (a) Updates to Annual Reports on Influence Operations and 
     Campaigns in the United States by the Chinese Communist 
     Party.--Section 1107(b) of the National Security Act of 1947 
     (50 U.S.C. 3237(b)) is amended--
       (1) by redesignating paragraph (8) as paragraph (9); and
       (2) by inserting after paragraph (7) the following:
       ``(8) An identification of influence activities and 
     operations employed by the Chinese Communist Party against 
     the United States science and technology sectors, 
     specifically employees of the United States Government, 
     researchers, scientists, and students in the science and 
     technology sector in the United States.''.
       (b) Plan for Federal Bureau of Investigation to Increase 
     Public Awareness and Detection of Influence Activities by the 
     Government of the People's Republic of China.--
       (1) Plan required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Federal 
     Bureau of Investigation shall submit to the congressional 
     intelligence committees a plan--
       (A) to increase public awareness of influence activities by 
     the Government of the People's Republic of China; and
       (B) to publicize mechanisms that members of the public can 
     use--
       (i) to detect such activities; and
       (ii) to report such activities to the Bureau.
       (2) Consultation.--In carrying out paragraph (1), the 
     Director shall consult with the following:
       (A) The Director of the Office of Science and Technology 
     Policy.
       (B) Such other stakeholders outside the intelligence 
     community, including professional associations, institutions 
     of higher education, businesses, and civil rights and 
     multicultural organizations, as the Director determines 
     relevant.
       (c) Recommendations of the Federal Bureau of Investigation 
     to Strengthen Relationships and Build Trust With Communities 
     of Interest.--
       (1) In general.--The Director of the Federal Bureau of 
     Investigation, in consultation with the Assistant Attorney 
     General for the Civil Rights Division and the Chief Privacy 
     and Civil Liberties Officer of the Department of Justice, 
     shall develop recommendations to strengthen relationships 
     with communities targeted by influence activities of the 
     Government of the People's Republic of China and build trust 
     with such communities through local and regional grassroots 
     outreach.
       (2) Submittal to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Director shall submit 
     to Congress the recommendations developed under paragraph 
     (1).
       (d) Technical Corrections.--The National Security Act of 
     1947 (50 U.S.C. 3001 et seq.) is amended--
       (1) in section 1107 (50 U.S.C. 3237)--
       (A) in the section heading, by striking ``communist party 
     of china'' and inserting ``chinese communist party''; and
       (B) by striking ``Communist Party of China'' both places it 
     appears and inserting ``Chinese Communist Party''; and
       (2) in the table of contents before section 2 (50 U.S.C. 
     3002), by striking the item relating to section 1107 and 
     inserting the following new item:

``Sec. 1107. Annual reports on influence operations and campaigns in 
              the United States by the Chinese Communist Party.''.

     SEC. 507. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR 
                   OFFICIALS OF THE CHINESE COMMUNIST PARTY.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on Foreign Relations, 
     and the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (b) Annual Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2025, the Director of the Central Intelligence Agency shall 
     submit to the appropriate committees of Congress a report on 
     the corruption and corrupt activities of senior officials of 
     the Chinese Communist Party.
       (2) Elements.--
       (A) In general.--Each report under paragraph (1) shall 
     include the following:
       (i) A description of the wealth of, and corruption and 
     corrupt activities among, senior officials of the Chinese 
     Communist Party.
       (ii) A description of any recent actions of the officials 
     described in clause (i) that could be considered a violation, 
     or potential violation, of United States law.
       (iii) A description and assessment of targeted financial 
     measures, including potential targets for designation of the 
     officials described in clause (i) for the corruption and 
     corrupt activities described in that clause and for the 
     actions described in clause (ii).
       (B) Scope of reports.--The first report under paragraph (1) 
     shall include comprehensive information on the matters 
     described in subparagraph (A). Any succeeding report under 
     paragraph (1) may consist of an update or supplement to the 
     preceding report under that subsection.
       (3) Coordination.--In preparing each report, update, or 
     supplement under this subsection, the Director of the Central 
     Intelligence Agency shall coordinate as follows:
       (A) In preparing the description required by clause (i) of 
     paragraph (2)(A), the Director of the Central Intelligence 
     Agency shall coordinate with the head of the Office of 
     Intelligence and Analysis of the Department of the Treasury 
     and the Director of the Federal Bureau of Investigation.
       (B) In preparing the descriptions required by clauses (ii) 
     and (iii) of such paragraph, the Director of the Central 
     Intelligence Agency shall coordinate with the head of the 
     Office of Intelligence and Analysis of the Department of the 
     Treasury.
       (4) Form.--Each report under paragraph (1) shall include an 
     unclassified executive summary, and may include a classified 
     annex.
       (c) Sense of Congress.--It is the sense of Congress that 
     the United States should undertake every effort and pursue 
     every opportunity to expose the corruption and illicit

[[Page S3354]]

     practices of senior officials of the Chinese Communist Party, 
     including President Xi Jinping.

     SEC. 508. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER 
                   EASTERN EUROPEAN OLIGARCHS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on Foreign Relations, 
     and the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (b) Report Required.--Not later than 100 days after the 
     date of the enactment of this Act, the Director of the 
     Central Intelligence Agency shall submit to the appropriate 
     committees of Congress and the Undersecretary of State for 
     Public Diplomacy and Public Affairs a report on the 
     corruption and corrupt activities of Russian and other 
     Eastern European oligarchs.
       (c) Elements.--
       (1) In general.--Each report under subsection (b) shall 
     include the following:
       (A) A description of corruption and corrupt activities 
     among Russian and other Eastern European oligarchs who 
     support the Government of the Russian Federation, including 
     estimates of the total assets of such oligarchs.
       (B) An assessment of the impact of the corruption and 
     corrupt activities described pursuant to subparagraph (A) on 
     the economy and citizens of Russia.
       (C) A description of any connections to, or support of, 
     organized crime, drug smuggling, or human trafficking by an 
     oligarch covered by subparagraph (A).
       (D) A description of any information that reveals 
     corruption and corrupt activities in Russia among oligarchs 
     covered by subparagraph (A).
       (E) A description and assessment of potential sanctions 
     actions that could be imposed upon oligarchs covered by 
     subparagraph (A) who support the leadership of the Government 
     of Russia, including President Vladimir Putin.
       (2) Scope of reports.--The first report under subsection 
     (a) shall include comprehensive information on the matters 
     described in paragraph (1). Any succeeding report under 
     subsection (a) may consist of an update or supplement to the 
     preceding report under that subsection.
       (d) Coordination.--In preparing each report, update, or 
     supplement under this section, the Director of the Central 
     Intelligence Agency shall coordinate as follows:
       (1) In preparing the assessment and descriptions required 
     by subparagraphs (A) through (D) of subsection (c)(1), the 
     Director of the Central Intelligence Agency shall coordinate 
     with the head of the Office of Intelligence and Analysis of 
     the Department of the Treasury and the Director of the 
     Federal Bureau of Investigation.
       (2) In preparing the description and assessment required by 
     subparagraph (E) of such subsection, the Director of the 
     Central Intelligence Agency shall coordinate with the head of 
     the Office of Intelligence and Analysis of the Department of 
     the Treasury.
       (e) Form.--
       (1) In general.--Subject to paragraph (2), each report 
     under subsection (b) shall include an unclassified executive 
     summary, and may include a classified annex.
       (2) Unclassified form of certain information.--The 
     information described in subsection (c)(1)(D) in each report 
     under subsection (b) shall be submitted in unclassified form.

     SEC. 509. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY 
                   THE CHINESE COMMUNIST PARTY AND THE GOVERNMENT 
                   OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Foreign Relations, the 
     Committee on Health, Education, Labor, and Pensions, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Energy and 
     Commerce, the Committee on Foreign Affairs, and the Committee 
     on Homeland Security of the House of Representatives.
       (2) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report identifying whether and how officials of 
     the Chinese Communist Party and the Government of the 
     People's Republic of China may have sought--
       (1) to suppress information about--
       (A) the outbreak of the novel coronavirus in Wuhan;
       (B) the spread of the virus through China; and
       (C) the transmission of the virus to other countries;
       (2) to spread disinformation relating to the pandemic; or
       (3) to exploit the pandemic to advance their national 
     security interests.
       (c) Assessments.--The report required by subsection (b) 
     shall include assessments of reported actions and the effect 
     of those actions on efforts to contain the novel coronavirus 
     pandemic, including each of the following:
       (1) The origins of the novel coronavirus outbreak, the time 
     and location of initial infections, and the mode and speed of 
     early viral spread.
       (2) Actions taken by the Government of China to suppress, 
     conceal, or misinform the people of China and those of other 
     countries about the novel coronavirus outbreak in Wuhan.
       (3) The effect of disinformation or the failure of the 
     Government of China to fully disclose details of the outbreak 
     on response efforts of local governments in China and other 
     countries.
       (4) Diplomatic, political, economic, intelligence, or other 
     pressure on other countries and international organizations 
     to conceal information about the spread of the novel 
     coronavirus and the response of the Government of China to 
     the contagion, as well as to influence or coerce early 
     responses to the pandemic by other countries.
       (5) Efforts by officials of the Government of China to deny 
     access to health experts and international health 
     organizations to afflicted individuals in Wuhan, pertinent 
     areas of the city, or laboratories of interest in China, 
     including the Wuhan Institute of Virology.
       (6) Efforts by the Government of China, or those acting at 
     its direction or with its assistance, to conduct cyber 
     operations against international, national, or private health 
     organizations conducting research relating to the novel 
     coronavirus or operating in response to the pandemic.
       (7) Efforts to control, restrict, or manipulate relevant 
     segments of global supply chains, particularly in the sale, 
     trade, or provision of relevant medicines, medical supplies, 
     or medical equipment as a result of the pandemic.
       (8) Efforts to advance the economic, intelligence, national 
     security, and political objectives of the Government of China 
     by exploiting vulnerabilities of foreign governments, 
     economies, and companies under financial duress as a result 
     of the pandemic or to accelerate economic espionage and 
     intellectual property theft.
       (9) Efforts to exploit the disruption of the pharmaceutical 
     and telecommunications industries as well as other industries 
     tied to critical infrastructure and bilateral trade between 
     China and the United States and between China and allies and 
     partners of the United States in order to advance the 
     economic and political objectives of the Government of China 
     following the pandemic.
       (d) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 510. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS 
                   EMBARGO ON ISLAMIC REPUBLIC OF IRAN.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Defense 
     Intelligence Agency, in consultation with such heads of other 
     elements of the intelligence community as the Director 
     considers appropriate, shall submit to the appropriate 
     committees of Congress a report on--
       (1) the plans of the Government of the Islamic Republic of 
     Iran to acquire military arms if the ban on arms transfers to 
     or from such government under United Nations Security Council 
     resolutions are lifted; and
       (2) the effect such arms acquisitions may have on regional 
     security and stability.
       (c) Contents.--The report submitted under subsection (b) 
     shall include assessments relating to plans of the Government 
     of the Islamic Republic of Iran to acquire additional 
     weapons, the intention of other countries to provide such 
     weapons, and the effect such acquisition and provision would 
     have on regional stability, including with respect to each of 
     the following:
       (1) The type and quantity of weapon systems under 
     consideration for acquisition.
       (2) The countries of origin of such systems.
       (3) Likely reactions of other countries in the region to 
     such acquisition, including the potential for proliferation 
     by other countries in response.
       (4) The threat that such acquisition could present to 
     international commerce and energy supplies in the region, and 
     the potential implications for the national security of the 
     United States.
       (5) The threat that such acquisition could present to the 
     Armed Forces of the United States, of countries allied with 
     the United States, and of countries partnered with the United 
     States stationed in or deployed in the region.

[[Page S3355]]

       (6) The potential that such acquisition could be used to 
     deliver chemical, biological, or nuclear weapons.
       (7) The potential for the Government of the Islamic 
     Republic of Iran to proliferate weapons acquired in the 
     absence of an arms embargo to regional groups, including 
     Shi'a militia groups backed by such government.
       (d) Form.--The report submitted under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 511. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR 
                   NONPROLIFERATION.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report assessing--
       (1) any relevant activities potentially relating to nuclear 
     weapons research and development by the Islamic Republic of 
     Iran; and
       (2) any relevant efforts to afford or deny international 
     access in accordance with international nonproliferation 
     agreements.
       (c) Assessments.--The report required by subsection (b) 
     shall include assessments, for the period beginning on 
     January 1, 2018, and ending on the date of the submittal of 
     the report, of the following:
       (1) Activities to research, develop, or enrich uranium or 
     reprocess plutonium with the intent or capability of creating 
     weapons-grade nuclear material.
       (2) Research, development, testing, or design activities 
     that could contribute to or inform construction of a device 
     intended to initiate or capable of initiating a nuclear 
     explosion.
       (3) Efforts to receive, transmit, store, destroy, relocate, 
     archive, or otherwise preserve research, processes, products, 
     or enabling materials relevant or relating to any efforts 
     assessed under paragraph (1) or (2).
       (4) Efforts to afford or deny international access, in 
     accordance with international nonproliferation agreements, to 
     locations, individuals, and materials relating to activities 
     described in paragraph (1), (2), or (3).
       (d) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 512. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.

       It is the sense of the Congress that--
       (1) the work of the Third Option Foundation to heal, help, 
     and honor members of the special operations community of the 
     Central Intelligence Agency and their families is invaluable; 
     and
       (2) the Director of the Central Intelligence Agency should 
     work closely with the Third Option Foundation in implementing 
     section 19A of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3519b), as added by section 6412 of the Damon Paul 
     Nelson and Matthew Young Pollard Intelligence Authorization 
     Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116-
     92).
                                 ______
                                 
  SA 1817. Mr. YOUNG submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title V, add the following:

     SEC. 549. REPORT ON PERFORMANCE AT THE MILITARY SERVICE 
                   ACADEMIES OF CADETS AND MIDSHIPMEN WITH 
                   PREVIOUS FAMILIAL AFFILIATION WITH THE 
                   MILITARY.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth the results of a study, conducted by the Secretary for 
     purposes of the report, of the performance at the military 
     service academies of cadets and midshipmen who have a 
     familial affiliation with the military before their time at 
     the military service academies.
       (b) Scope of Study.--The study required for purposes of the 
     report under subsection (a) shall cover the incoming classes 
     at the military service academies for the last 10 academic 
     years beginning before the date of the enactment of this Act.
       (c) Elements.--The report shall include a comprehensive 
     description, assessment, and comparison of recruitment, 
     admission, and performance at, and graduation from, the 
     military service academies, and of post-graduate career 
     achievement, within and among each population as follows:
       (1) Children of a general and flag officer.
       (2) Children of an alumnus of a military service academy.
       (3) Children of a veteran.
       (4) Children of parents without military service.
                                 ______
                                 
  SA 1818. Mr. COTTON (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 1046 and insert the following:

     SEC. 1046. CONDITIONS FOR PERMANENTLY BASING UNITED STATES 
                   EQUIPMENT OR ADDITIONAL MILITARY UNITS IN HOST 
                   COUNTRIES WITH AT-RISK VENDORS IN 5G OR 6G 
                   NETWORKS.

       (a) In General.--Prior to a decision for basing a major 
     weapon system or an additional military unit comparable to or 
     larger than a battalion, squadron, or naval combatant for 
     permanent basing to a host nation with at-risk 5th generation 
     (5G) or sixth generation (6G) wireless network equipment, 
     software, and services, including the use of 
     telecommunications equipment, software, and services provided 
     by vendors such as Huawei and ZTE, where United States 
     military personnel and their families will be directly 
     connected or subscribers to networks that include such at-
     risk equipment, software, and services in their official 
     duties or in the conduct of personal affairs, the Secretary 
     of Defense shall provide a certification to Congress that 
     includes--
       (1) an acknowledgment by the host nation of the risk posed 
     by the network architecture;
       (2) a description of steps being taken by the host nation 
     to mitigate any potential risks to the weapon systems, 
     military units, or personnel, and the Department of Defense's 
     assessment of those efforts;
       (3) a description of steps being taken by the United States 
     Government to mitigate any potential risks to the weapon 
     systems, military units, or personnel; and
       (4) a description of any defense mutual agreements between 
     the host nation and the United States intended to allay the 
     costs of risk mitigation posed by the at-risk infrastructure.
       (b) Applicability.--The conditions in subsection (a) apply 
     to the permanent long-term stationing of equipment and 
     personnel, and do not apply to short-term deployments or 
     rotational presence to military installations outside the 
     United States in connection with exercises, dynamic force 
     employment, contingency operations, or combat operations.
       (c) Report.--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 report that 
     contains an assessment of--
       (1) the risk to personnel, equipment, and operations of the 
     Department of Defense in host countries posed by the current 
     or intended use by such countries of 5G or 6G 
     telecommunications architecture provided by at-risk vendors; 
     and
       (2) measures required to mitigate the risk described in 
     paragraph (1), including the merit and feasibility of the 
     relocation of certain personnel or equipment of the 
     Department to another location without the presence of 5G or 
     6G telecommunications architecture provided by at-risk 
     vendors.
       (d) Form.--The report required by subsection (c) shall be 
     submitted in a classified form with an unclassified summary.
       Strike section 1273.
                                 ______
                                 
  SA 1819. Mr. RISCH (for himself, Ms. Cortez Masto, Mr. Kennedy, Ms. 
Rosen, Mrs. Capito, and Mr. Crapo) submitted an amendment intended to 
be proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in subtitle E of title VIII, 
     insert the following:

     SEC. __. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       Section 34 of the Small Business Act (15 U.S.C. 657d) is 
     amended--
       (1) in subsection (a), by adding at the end the following:
       ``(11) Underperforming state.--The term `underperforming 
     State' means a State participating in the SBIR or STTR 
     program that has been calculated by the Administrator to be 
     one of 18 States receiving the fewest SBIR and STTR Phase I 
     awards.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (E)--

       (I) in clause (iii), by striking ``and'' at the end;
       (II) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(v) to prioritize applicants located in an 
     underperforming State.'';
       (B) in paragraph (2)--
       (i) in subparagraph (B)(vi), by amending subclause (III) to 
     read as follows:

[[Page S3356]]

       ``(III) located in an underperforming State;'';

       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) shall give first priority and special consideration 
     to an applicant that is located in an underperforming 
     State.'';
       (C) in paragraph (3), by striking ``Not more than one 
     proposal'' and inserting ``There is no limit on the number of 
     proposals that''; and
       (D) by adding at the end the following:
       ``(6) Additional assistance for underperforming states.--
     Upon application by a recipient that is located in an 
     underperforming State, the Administrator may--
       ``(A) provide additional assistance to the recipient; and
       ``(B) waive the matching requirements under subsection 
     (e)(2).'';
       (3) in subsection (e)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by inserting ``and STTR'' before ``first phase'' each 
     place that term appears;
       (II) in clause (i), by striking ``50'' and inserting 
     ``25'';
       (III) in clause (ii), by striking ``1 dollar'' and 
     inserting ``75 cents''; and
       (IV) in clause (iii), by striking ``75'' and inserting 
     ``50''; and

       (ii) in subparagraph (D), by striking ``, beginning with 
     fiscal year 2001'' and inserting ``and make publicly 
     available on the website of the Administration, beginning 
     with fiscal year 2021''; and
       (B) by adding at the end the following:
       ``(4) Amount of award.--In carrying out the FAST program 
     under this section--
       ``(A) the Administrator shall make and enter into not less 
     than 12 awards or cooperative agreements;
       ``(B) each award or cooperative agreement described in 
     subparagraph (A) shall be for not more than $500,000, which 
     shall be provided over 2 fiscal years; and
       ``(C) any amounts left unused in the third quarter of the 
     second fiscal year may be retained by the Administrator for 
     future FAST program awards.
       ``(5) Reporting.--Not later than 6 months after receiving 
     an award or entering into a cooperative agreement under this 
     section, a recipient shall report to the Administrator--
       ``(A) the number of awards made under the SBIR or STTR 
     program;
       ``(B) the number of applications submitted for the SBIR or 
     STTR program;
       ``(C) the number of consulting hours spent;
       ``(D) the number of training events conducted; and
       ``(E) any issues encountered in the management and 
     application of the FAST program.'';
       (4) in subsection (f)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``Not later than 120 days after the date of 
     the enactment of the Small Business Innovation Research 
     Program Reauthorization Act of 2000'' and inserting 
     ``December 31, 2020''; and
       (II) by inserting ``and Entrepreneurship'' before ``of the 
     Senate'';

       (ii) in subparagraph (B), by striking ``and'' at the end;
       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) a description of the process used to ensure that 
     underperforming States are given priority application status 
     under the FAST program.''; and
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``Annual'' and 
     inserting ``Biennial'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``annual'' and inserting ``biennial'';
       (iii) in subparagraph (B), by striking ``and'' at the end;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(D) the proportion of awards provided to and cooperative 
     agreements entered into with underperforming States; and
       ``(E) a list of the States that were determined by the 
     Administrator to be underperforming States, and a description 
     of any changes in the list compared to previously submitted 
     reports.'';
       (5) in subsection (g)(2)--
       (A) by striking ``2004'' and inserting ``2021''; and
       (B) by inserting ``and Entrepreneurship'' before ``of the 
     Senate''; and
       (6) in subsection (h)(1), by striking ``$10,000,000 for 
     each of fiscal years 2001 through 2005'' and inserting 
     ``$20,000,000 for every 2 fiscal years between fiscal years 
     2021 through 2025, to be obligated before the end of the 
     second fiscal year''.
                                 ______
                                 
  SA 1820. Mr. RISCH (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in subtitle E of title VIII, 
     insert the following:

     SEC. __. DISASTER DECLARATION IN RURAL AREAS.

       (a) In General.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting after paragraph (15) 
     the following:
       ``(16) Disaster declaration in rural areas.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `rural area' means an area with a population 
     of less than 200,000 outside an urbanized area; and
       ``(ii) the term `significant damage' means, with respect to 
     property, uninsured losses of not less than 40 percent of the 
     estimated fair replacement value or pre-disaster fair market 
     value of the damaged property, whichever is lower.
       ``(B) Disaster declaration.--Notwithstanding section 
     123.3(a) of title 13, Code of Federal Regulations, or any 
     successor regulation, the Administrator may declare a 
     disaster in a rural area for which a major disaster was 
     declared by the President under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170) if--
       ``(i) the Governor of the State in which the rural area is 
     located requests such a declaration; and
       ``(ii) any home, small business concern, private nonprofit 
     organization, or small agricultural cooperative has incurred 
     significant damage in the rural area.
       ``(C) SBA report.--Not later than 120 days after the date 
     of enactment of this Act, and every year thereafter, the 
     Administrator shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report on, with 
     respect to the 1-year period preceding submission of the 
     report--
       ``(i) any economic injury that resulted from a major 
     disaster declared by the President under section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170) in a rural area;
       ``(ii) each request for assistance made by the Governor of 
     a State under subparagraph (B)(i) and the response of the 
     Administrator, including the timeline for each response; and
       ``(iii) any regulatory changes that will impact the ability 
     of communities in rural areas to obtain disaster assistance 
     under this subsection.''.
       (b) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall issue regulations to carry out 
     the amendment made by subsection (a).
       (c) GAO Report.--
       (1) Definition of rural area.--In this subsection, the term 
     ``rural area'' means an area with a population of less than 
     200,000 outside an urbanized area.
       (2) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report on--
       (A) any unique challenges that communities in rural areas 
     face compared to communities in metropolitan areas when 
     seeking to obtain disaster assistance under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)); and
       (B) legislative recommendations for improving access to 
     disaster assistance for communities in rural areas.
                                 ______
                                 
  SA 1821. Mr. VAN HOLLEN (for Mr. Toomey (for himself and Mr. Van 
Hollen)) proposed an amendment to the bill S. 3798, to impose sanctions 
with respect to foreign persons involved in the erosion of certain 
obligations of China with respect to Hong Kong, and for other purposes; 
as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Hong Kong 
     Autonomy Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress regarding Hong Kong.
Sec. 5. Identification of foreign persons involved in the erosion of 
              the obligations of China under the Joint Declaration or 
              the Basic Law and foreign financial institutions that 
              conduct significant transactions with those persons.
Sec. 6. Sanctions with respect to foreign persons that contravene the 
              obligations of China under the Joint Declaration or the 
              Basic Law.
Sec. 7. Sanctions with respect to foreign financial institutions that 
              conduct significant transactions with foreign persons 
              that contravene the obligations of China under the Joint 
              Declaration or the Basic Law.
Sec. 8. Waiver, termination, exceptions, and congressional review 
              process.
Sec. 9. Implementation; penalties.
Sec. 10. Rule of construction.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Alien; national; national of the united states.--The 
     terms ``alien'', ``national'', and ``national of the United 
     States''

[[Page S3357]]

     have the meanings given those terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees and leadership.--
     The term ``appropriate congressional committees and 
     leadership'' means--
       (A) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on the Judiciary, the 
     Select Committee on Intelligence, and the majority leader and 
     the minority leader of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Foreign Affairs, the 
     Committee on Homeland Security, the Committee on the 
     Judiciary, the Permanent Select Committee on Intelligence, 
     and the Speaker and the minority leader of the House of 
     Representatives.
       (3) Basic law.--The term ``Basic Law'' means the Basic Law 
     of the Hong Kong Special Administrative Region of the 
     People's Republic of China.
       (4) China.--The term ``China'' means the People's Republic 
     of China.
       (5) Entity.--The term ``entity'' means a partnership, joint 
     venture, association, corporation, organization, network, 
     group, or subgroup, or any other form of business 
     collaboration.
       (6) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     section 5312(a)(2) of title 31, United States Code.
       (7) Hong kong.--The term ``Hong Kong'' means the Hong Kong 
     Special Administrative Region of the People's Republic of 
     China.
       (8) Joint declaration.--The term ``Joint Declaration'' 
     means the Joint Declaration of the Government of the United 
     Kingdom of Great Britain and Northern Ireland and the 
     Government of the People's Republic of China on the Question 
     of Hong Kong, done at Beijing on December 19, 1984.
       (9) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge of the conduct, the circumstance, or the 
     result.
       (10) Person.--The term ``person'' means an individual or 
     entity.
       (11) United states person.--The term ``United States 
     person'' means--
       (A) any citizen or national of the United States;
       (B) any alien lawfully admitted for permanent residence in 
     the United States;
       (C) any entity organized under the laws of the United 
     States or any jurisdiction within the United States 
     (including a foreign branch of such an entity); or
       (D) any person located in the United States.

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) The Joint Declaration and the Basic Law clarify certain 
     obligations and promises that the Government of China has 
     made with respect to the future of Hong Kong.
       (2) The obligations of the Government of China under the 
     Joint Declaration were codified in a legally-binding treaty, 
     signed by the Government of the United Kingdom of Great 
     Britain and Northern Ireland and registered with the United 
     Nations.
       (3) The obligations of the Government of China under the 
     Basic Law originate from the Joint Declaration, were passed 
     into the domestic law of China by the National People's 
     Congress, and are widely considered by citizens of Hong Kong 
     as part of the de facto legal constitution of Hong Kong.
       (4) Foremost among the obligations of the Government of 
     China to Hong Kong is the promise that, pursuant to Paragraph 
     3b of the Joint Declaration, ``the Hong Kong Special 
     Administrative Region will enjoy a high degree of autonomy, 
     except in foreign and defence affairs which are the 
     responsibilities of the Central People's Government''.
       (5) The obligation specified in Paragraph 3b of the Joint 
     Declaration is referenced, reinforced, and extrapolated on in 
     several portions of the Basic Law, including Articles 2, 12, 
     13, 14, and 22.
       (6) Article 22 of the Basic Law establishes that ``No 
     department of the Central People's Government and no 
     province, autonomous region, or municipality directly under 
     the Central Government may interfere in the affairs which the 
     Hong Kong Special Administrative Region administers on its 
     own in accordance with this Law.''.
       (7) The Joint Declaration and the Basic Law make clear that 
     additional obligations shall be undertaken by China to ensure 
     the ``high degree of autonomy'' of Hong Kong.
       (8) Paragraph 3c of the Joint Declaration states, as 
     reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic 
     Law, that Hong Kong ``will be vested with executive, 
     legislative and independent judicial power, including that of 
     final adjudication''.
       (9) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (8) of this section, 
     including the following:
       (A) In 1999, the Standing Committee of the National 
     People's Congress overruled a decision by the Hong Kong Court 
     of Final Appeal on the right of abode.
       (B) On multiple occasions, the Government of Hong Kong, at 
     the advice of the Government of China, is suspected to have 
     not allowed persons entry into Hong Kong allegedly because of 
     their support for democracy and human rights in Hong Kong and 
     China.
       (C) The Liaison Office of China in Hong Kong has, despite 
     restrictions on interference in the affairs of Hong Kong as 
     detailed in Article 22 of the Basic Law--
       (i) openly expressed support for candidates in Hong Kong 
     for Chief Executive and Legislative Council;
       (ii) expressed views on various policies for the Government 
     of Hong Kong and other internal matters relating to Hong 
     Kong; and
       (iii) on April 17, 2020, asserted that both the Liaison 
     Office of China in Hong Kong and the Hong Kong and Macau 
     Affairs Office of the State Council ``have the right to 
     exercise supervision . . . on affairs regarding Hong Kong and 
     the mainland, in order to ensure correct implementation of 
     the Basic Law''.
       (D) The National People's Congress has passed laws 
     requiring Hong Kong to pass laws banning disrespectful 
     treatment of the national flag and national anthem of China.
       (E) The State Council of China released a white paper on 
     June 10, 2014, that stressed the ``comprehensive 
     jurisdiction'' of the Government of China over Hong Kong and 
     indicated that Hong Kong must be governed by ``patriots''.
       (F) The Government of China has directed operatives to 
     kidnap and bring to the mainland, or is otherwise responsible 
     for the kidnapping of, residents of Hong Kong, including 
     businessman Xiao Jianhua and bookseller Gui Minhai.
       (G) The Government of Hong Kong, acting with the support of 
     the Government of China, introduced an extradition bill that 
     would have permitted the Government of China to request and 
     enforce extradition requests for any individual present in 
     Hong Kong, regardless of the legality of the request or the 
     degree to which it compromised the judicial independence of 
     Hong Kong.
       (H) The spokesman for the Standing Committee of the 
     National People's Congress said, ``Whether Hong Kong's laws 
     are consistent with the Basic Law can only be judged and 
     decided by the National People's Congress Standing Committee. 
     No other authority has the right to make judgments and 
     decisions.''.
       (10) Paragraph 3e of the Joint Declaration states, as 
     reinforced by Article 5 of the Basic Law, that the ``current 
     social and economic systems in Hong Kong will remain 
     unchanged, as so will the life-style.''.
       (11) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (10) of this 
     section, including the following:
       (A) In 2002, the Government of China pressured the 
     Government of Hong Kong to introduce ``patriotic'' curriculum 
     in primary and secondary schools.
       (B) The governments of China and Hong Kong proposed the 
     prohibition of discussion of Hong Kong independence and self-
     determination in primary and secondary schools, which 
     infringes on freedom of speech.
       (C) The Government of Hong Kong mandated that Mandarin, and 
     not the native language of Cantonese, be the language of 
     instruction in Hong Kong schools.
       (D) The governments of China and Hong Kong agreed to a 
     daily quota of mainland immigrants to Hong Kong, which is 
     widely believed by citizens of Hong Kong to be part of an 
     effort to ``mainlandize'' Hong Kong.
       (12) Paragraph 3e of the Joint Declaration states, as 
     reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34, 
     and 39 of the Basic Law, that the ``rights and freedoms, 
     including those of person, of speech, of the press, of 
     assembly, of association, of travel, of movement, of 
     correspondence, of strike, of choice of occupation, of 
     academic research and of religious belief will be ensured by 
     law'' in Hong Kong.
       (13) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (12) of this 
     section, including the following:
       (A) On February 26, 2003, the Government of Hong Kong 
     introduced a national security bill that would have placed 
     restrictions on freedom of speech and other protected rights.
       (B) The Liaison Office of China in Hong Kong has pressured 
     businesses in Hong Kong not to advertise in newspapers and 
     magazines critical of the governments of China and Hong Kong.
       (C) The Hong Kong Police Force selectively blocked 
     demonstrations and protests expressing opposition to the 
     governments of China and Hong Kong or the policies of those 
     governments.
       (D) The Government of Hong Kong refused to renew work visa 
     for a foreign journalist, allegedly for hosting a speaker 
     from the banned Hong Kong National Party.
       (E) The Justice Department of Hong Kong selectively 
     prosecuted cases against leaders of the Umbrella Movement, 
     while failing to prosecute police officers accused of using 
     excessive force during the protests in 2014.
       (F) On April 18, 2020, the Hong Kong Police Force arrested 
     14 high-profile democracy activists and campaigners for their 
     role in organizing a protest march that took place on August 
     18, 2019, in which almost 2,000,000 people rallied against a 
     proposed extradition bill.
       (14) Articles 45 and 68 of the Basic Law assert that the 
     selection of Chief Executive and all members of the 
     Legislative Council of Hong Kong should be by ``universal 
     suffrage.''.
       (15) On multiple occasions, the Government of China has 
     undertaken actions that

[[Page S3358]]

     have contravened the letter or intent of the obligation 
     described in paragraph (14) of this section, including the 
     following:
       (A) In 2004, the National People's Congress created new, 
     antidemocratic procedures restricting the adoption of 
     universal suffrage for the election of the Chief Executive of 
     Hong Kong.
       (B) The decision by the National People's Congress on 
     December 29, 2007, which ruled out universal suffrage in 2012 
     elections and set restrictions on when and if universal 
     suffrage will be implemented.
       (C) The decision by the National People's Congress on 
     August 31, 2014, which placed limits on the nomination 
     process for the Chief Executive of Hong Kong as a condition 
     for adoption of universal suffrage.
       (D) On November 7, 2016, the National People's Congress 
     interpreted Article 104 of the Basic Law in such a way to 
     disqualify 6 elected members of the Legislative Council.
       (E) In 2018, the Government of Hong Kong banned the Hong 
     Kong National Party and blocked the candidacy of pro-
     democracy candidates.
       (16) The ways in which the Government of China, at times 
     with the support of a subservient Government of Hong Kong, 
     has acted in contravention of its obligations under the Joint 
     Declaration and the Basic Law, as set forth in this section, 
     are deeply concerning to the people of Hong Kong, the United 
     States, and members of the international community who 
     support the autonomy of Hong Kong.

     SEC. 4. SENSE OF CONGRESS REGARDING HONG KONG.

       It is the sense of Congress that--
       (1) the United States continues to uphold the principles 
     and policy established in the United States-Hong Kong Policy 
     Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human 
     Rights and Democracy Act of 2019 (Public Law 116-76; 22 
     U.S.C. 5701 note), which remain consistent with China's 
     obligations under the Joint Declaration and certain 
     promulgated objectives under the Basic Law, including that--
       (A) as set forth in section 101(1) of the United States-
     Hong Kong Policy Act of 1992 (22 U.S.C. 5711(1)), ``The 
     United States should play an active role, before, on, and 
     after July 1, 1997, in maintaining Hong Kong's confidence and 
     prosperity, Hong Kong's role as an international financial 
     center, and the mutually beneficial ties between the people 
     of the United States and the people of Hong Kong.''; and
       (B) as set forth in section 2(5) of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5701(5)), ``Support for 
     democratization is a fundamental principle of United States 
     foreign policy. As such, it naturally applies to United 
     States policy toward Hong Kong. This will remain equally true 
     after June 30, 1997.'';
       (2) although the United States recognizes that, under the 
     Joint Declaration, the Government of China ``resumed the 
     exercise of sovereignty over Hong Kong with effect on 1 July 
     1997'', the United States supports the autonomy of Hong Kong 
     in furtherance of the United States-Hong Kong Policy Act of 
     1992 and the Hong Kong Human Rights and Democracy Act of 2019 
     and advances the desire of the people of Hong Kong to 
     continue the ``one country, two systems'' regime, in addition 
     to other obligations promulgated by China under the Joint 
     Declaration and the Basic Law;
       (3) in order to support the benefits and protections that 
     Hong Kong has been afforded by the Government of China under 
     the Joint Declaration and the Basic Law, the United States 
     should establish a clear and unambiguous set of penalties 
     with respect to foreign persons determined by the Secretary 
     of State, in consultation with the Secretary of the Treasury, 
     to be involved in the contravention of the obligations of 
     China under the Joint Declaration and the Basic Law and the 
     financial institutions transacting with those foreign 
     persons;
       (4) the Secretary of State should provide an unclassified 
     assessment of the reason for imposition of certain economic 
     penalties on entities, so as to permit a clear path for the 
     removal of economic penalties if the sanctioned behavior is 
     reversed and verified by the Secretary of State;
       (5) relevant Federal agencies should establish a 
     multilateral sanctions regime with respect to foreign persons 
     involved in the contravention of the obligations of China 
     under the Joint Declaration and the Basic Law; and
       (6) in addition to the penalties on foreign persons, and 
     financial institutions transacting with those foreign 
     persons, for the contravention of the obligations of China 
     under the Joint Declaration and the Basic Law, the United 
     States should take steps, in a time of crisis, to assist 
     permanent residents of Hong Kong who are persecuted or fear 
     persecution as a result of the contravention by China of its 
     obligations under the Joint Declaration and the Basic Law to 
     become eligible to obtain lawful entry into the United 
     States.

     SEC. 5. IDENTIFICATION OF FOREIGN PERSONS INVOLVED IN THE 
                   EROSION OF THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW AND FOREIGN 
                   FINANCIAL INSTITUTIONS THAT CONDUCT SIGNIFICANT 
                   TRANSACTIONS WITH THOSE PERSONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, if the Secretary of State, in 
     consultation with the Secretary of the Treasury, determines 
     that a foreign person is materially contributing to, has 
     materially contributed to, or attempts to materially 
     contribute to the failure of the Government of China to meet 
     its obligations under the Joint Declaration or the Basic Law, 
     the Secretary of State shall submit to the appropriate 
     congressional committees and leadership a report that 
     includes--
       (1) an identification of the foreign person; and
       (2) a clear explanation for why the foreign person was 
     identified and a description of the activity that resulted in 
     the identification.
       (b) Identifying Foreign Financial Institutions.--Not 
     earlier than 30 days and not later than 60 days after the 
     Secretary of State submits to the appropriate congressional 
     committees and leadership the report under subsection (a), 
     the Secretary of the Treasury, in consultation with the 
     Secretary of State, shall submit to the appropriate 
     congressional committees and leadership a report that 
     identifies any foreign financial institution that knowingly 
     conducts a significant transaction with a foreign person 
     identified in the report under subsection (a).
       (c) Exclusion of Certain Information.--
       (1) Intelligence.--The Secretary of State shall not 
     disclose the identity of a person in a report submitted under 
     subsection (a) or (b), or an update under subsection (e), if 
     the Director of National Intelligence determines that such 
     disclosure could compromise an intelligence operation, 
     activity, source, or method of the United States.
       (2) Law enforcement.--The Secretary of State shall not 
     disclose the identity of a person in a report submitted under 
     subsection (a) or (b), or an update under subsection (e), if 
     the Attorney General, in coordination, as appropriate, with 
     the Director of the Federal Bureau of Investigation, the head 
     of any other appropriate Federal law enforcement agency, and 
     the Secretary of the Treasury, determines that such 
     disclosure could reasonably be expected--
       (A) to compromise the identity of a confidential source, 
     including a State, local, or foreign agency or authority or 
     any private institution that furnished information on a 
     confidential basis;
       (B) to jeopardize the integrity or success of an ongoing 
     criminal investigation or prosecution;
       (C) to endanger the life or physical safety of any person; 
     or
       (D) to cause substantial harm to physical property.
       (3) Notification required.--If the Director of National 
     Intelligence makes a determination under paragraph (1) or the 
     Attorney General makes a determination under paragraph (2), 
     the Director or the Attorney General, as the case may be, 
     shall notify the appropriate congressional committees and 
     leadership of the determination and the reasons for the 
     determination.
       (d) Exclusion or Removal of Foreign Persons and Foreign 
     Financial Institutions.--
       (1) Foreign persons.--The President may exclude a foreign 
     person from the report under subsection (a), or an update 
     under subsection (e), or remove a foreign person from the 
     report or update prior to the imposition of sanctions under 
     section 6(a) if the material contribution (as described in 
     subsection (g)) that merited inclusion in that report or 
     update--
       (A) does not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (B) is not likely to be repeated in the future; and
       (C) has been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign person.
       (2) Foreign financial institutions.--The President may 
     exclude a foreign financial institution from the report under 
     subsection (b), or an update under subsection (e), or remove 
     a foreign financial institution from the report or update 
     prior to the imposition of sanctions under section 7(a) if 
     the significant transaction or significant transactions of 
     the foreign financial institution that merited inclusion in 
     that report or update--
       (A) does not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (B) is not likely to be repeated in the future; and
       (C) has been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign financial 
     institution.
       (3) Notification required.--If the President makes a 
     determination under paragraph (1) or (2) to exclude or remove 
     a foreign person or foreign financial institution from a 
     report under subsection (a) or (b), as the case may be, the 
     President shall notify the appropriate congressional 
     committees and leadership of the determination and the 
     reasons for the determination.
       (e) Update of Reports.--
       (1) In general.--Each report submitted under subsections 
     (a) and (b) shall be updated in an ongoing manner and, to the 
     extent practicable, updated reports shall be resubmitted with 
     the annual report under section 301 of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5731).
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to terminate the requirement to update the 
     reports under subsections (a) and (b) upon the termination of 
     the requirement to submit the annual report under section 301 
     of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 
     5731).

[[Page S3359]]

       (f) Form of Reports.--
       (1) In general.--Each report under subsection (a) or (b) 
     (including updates under subsection (e)) shall be submitted 
     in unclassified form and made available to the public.
       (2) Classified annex.--The explanations and descriptions 
     included in the report under subsection (a)(2) (including 
     updates under subsection (e)) may be expanded on in a 
     classified annex.
       (g) Material Contributions Related to Obligations of China 
     Described.--For purposes of this section, a foreign person 
     materially contributes to the failure of the Government of 
     China to meet its obligations under the Joint Declaration or 
     the Basic Law if the person--
       (1) took action that resulted in the inability of the 
     people of Hong Kong--
       (A) to enjoy freedom of assembly, speech, press, or 
     independent rule of law; or
       (B) to participate in democratic outcomes; or
       (2) otherwise took action that reduces the high degree of 
     autonomy of Hong Kong.

     SEC. 6. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT 
                   CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW.

       (a) Imposition of Sanctions.--
       (1) In general.--On and after the date on which a foreign 
     person is included in the report under section 5(a) or an 
     update to that report under section 5(e), the President may 
     impose sanctions described in subsection (b) with respect to 
     that foreign person.
       (2) Mandatory sanctions.--Not later than one year after the 
     date on which a foreign person is included in the report 
     under section 5(a) or an update to that report under section 
     5(e), the President shall impose sanctions described in 
     subsection (b) with respect to that foreign person.
       (b) Sanctions Described.--The sanctions described in this 
     subsection with respect to a foreign person are the 
     following:
       (1) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, or exporting any property that is 
     subject to the jurisdiction of the United States and with 
     respect to which the foreign person has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (2) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of a foreign person who 
     is an individual, the President may direct the Secretary of 
     State to deny a visa to, and the Secretary of Homeland 
     Security to exclude from the United States, the foreign 
     person, subject to regulatory exceptions to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, or other 
     applicable international obligations.

     SEC. 7. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL 
                   INSTITUTIONS THAT CONDUCT SIGNIFICANT 
                   TRANSACTIONS WITH FOREIGN PERSONS THAT 
                   CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW.

       (a) Imposition of Sanctions.--
       (1) Initial sanctions.--Not later than one year after the 
     date on which a foreign financial institution is included in 
     the report under section 5(b) or an update to that report 
     under section 5(e), the President shall impose not fewer than 
     5 of the sanctions described in subsection (b) with respect 
     to that foreign financial institution.
       (2) Expanded sanctions.--Not later than two years after the 
     date on which a foreign financial institution is included in 
     the report under section 5(b) or an update to that report 
     under section 5(e), the President shall impose each of the 
     sanctions described in subsection (b).
       (b) Sanctions Described.--The sanctions described in this 
     subsection with respect to a foreign financial institution 
     are the following:
       (1) Loans from united states financial institutions.--The 
     United States Government may prohibit any United States 
     financial institution from making loans or providing credits 
     to the foreign financial institution.
       (2) Prohibition on designation as primary dealer.--Neither 
     the Board of Governors of the Federal Reserve System nor the 
     Federal Reserve Bank of New York may designate, or permit the 
     continuation of any prior designation of, the foreign 
     financial institution as a primary dealer in United States 
     Government debt instruments.
       (3) Prohibition on service as a repository of government 
     funds.--The foreign financial institution may not serve as 
     agent of the United States Government or serve as repository 
     for United States Government funds.
       (4) Foreign exchange.--The President may, pursuant to such 
     regulations as the President may prescribe, prohibit any 
     transactions in foreign exchange that are subject to the 
     jurisdiction of the United States and involve the foreign 
     financial institution.
       (5) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve the foreign 
     financial institution.
       (6) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, importing, or exporting any 
     property that is subject to the jurisdiction of the United 
     States and with respect to which the foreign financial 
     institution has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (7) Restriction on exports, reexports, and transfers.--The 
     President, in consultation with the Secretary of Commerce, 
     may restrict or prohibit exports, reexports, and transfers 
     (in-country) of commodities, software, and technology subject 
     to the jurisdiction of the United States directly or 
     indirectly to the foreign financial institution.
       (8) Ban on investment in equity or debt.--The President 
     may, pursuant to such regulations or guidelines as the 
     President may prescribe, prohibit any United States person 
     from investing in or purchasing significant amounts of equity 
     or debt instruments of the foreign financial institution.
       (9) Exclusion of corporate officers.--The President may 
     direct the Secretary of State, in consultation with the 
     Secretary of the Treasury and the Secretary of Homeland 
     Security, to exclude from the United States any alien that is 
     determined to be a corporate officer or principal of, or a 
     shareholder with a controlling interest in, the foreign 
     financial institution, subject to regulatory exceptions to 
     permit the United States to comply with the Agreement 
     regarding the Headquarters of the United Nations, signed at 
     Lake Success June 26, 1947, and entered into force November 
     21, 1947, between the United Nations and the United States, 
     or other applicable international obligations.
       (10) Sanctions on principal executive officers.--The 
     President may impose on the principal executive officer or 
     officers of the foreign financial institution, or on 
     individuals performing similar functions and with similar 
     authorities as such officer or officers, any of the sanctions 
     described in paragraphs (1) through (8) that are applicable.
       (c) Timing of Sanctions.--The President may impose 
     sanctions required under subsection (a) with respect to a 
     financial institution included in the report under section 
     5(b) or an update to that report under section 5(e) beginning 
     on the day on which the financial institution is included in 
     that report or update.

     SEC. 8. WAIVER, TERMINATION, EXCEPTIONS, AND CONGRESSIONAL 
                   REVIEW PROCESS.

       (a) National Security Waiver.--Unless a disapproval 
     resolution is enacted under subsection (e), the President may 
     waive the application of sanctions under section 6 or 7 with 
     respect to a foreign person or foreign financial institution 
     if the President--
       (1) determines that the waiver is in the national security 
     interest of the United States; and
       (2) submits to the appropriate congressional committees and 
     leadership a report on the determination and the reasons for 
     the determination.
       (b) Termination of Sanctions and Removal From Report.--
     Unless a disapproval resolution is enacted under subsection 
     (e), the President may terminate the application of sanctions 
     under section 6 or 7 with respect to a foreign person or 
     foreign financial institution and remove the foreign person 
     from the report required under section 5(a) or the foreign 
     financial institution from the report required under section 
     5(b), as the case may be, if the Secretary of State, in 
     consultation with the Secretary of the Treasury, determines 
     that the actions taken by the foreign person or foreign 
     financial institution that led to the imposition of 
     sanctions--
       (1) do not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (2) are not likely to be repeated in the future; and
       (3) have been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign person or 
     foreign financial institution.
       (c) Termination of Act.--
       (1) Report.--
       (A) In general.--Not later than July 1, 2046, the 
     President, in consultation with the Secretary of State, the 
     Secretary of the Treasury, and the heads of such other 
     Federal agencies as the President considers appropriate, 
     shall submit to Congress a report evaluating the 
     implementation of this Act and sanctions imposed pursuant to 
     this Act.
       (B) Elements.--The President shall include in the report 
     submitted under subparagraph (A) an assessment of whether 
     this Act and the sanctions imposed pursuant to this Act 
     should be terminated.
       (2) Termination.--This Act and the sanctions imposed 
     pursuant to this Act shall remain in effect unless a 
     termination resolution is enacted under subsection (e) after 
     July 1, 2047.
       (d) Exception Relating to Importation of Goods.--

[[Page S3360]]

       (1) In general.--The authorities and requirements to impose 
     sanctions under sections 6 and 7 shall not include the 
     authority or requirement to impose sanctions on the 
     importation of goods.
       (2) Good defined.--In this subsection, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (e) Congressional Review.--
       (1) Resolutions.--
       (A) Disapproval resolution.--In this section, the term 
     ``disapproval resolution'' means only a joint resolution of 
     either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     disapproving the waiver or termination of sanctions with 
     respect to a foreign person that contravenes the obligations 
     of China with respect to Hong Kong or a foreign financial 
     institution that conducts a significant transaction with that 
     person.''; and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``Congress disapproves of the action under 
     section 8 of the Hong Kong Autonomy Act relating to the 
     application of sanctions imposed with respect to a foreign 
     person that contravenes the obligations of China with respect 
     to Hong Kong, or a foreign financial institution that 
     conducts a significant transaction with that person, on 
     _______ relating to ________.'', with the first blank space 
     being filled with the appropriate date and the second blank 
     space being filled with a short description of the proposed 
     action.
       (B) Termination resolution.--In this section, the term 
     ``termination resolution'' means only a joint resolution of 
     either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     terminating sanctions with respect to foreign persons that 
     contravene the obligations of China with respect to Hong Kong 
     and foreign financial institutions that conduct significant 
     transactions with those persons.''; and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``The Hong Kong Autonomy Act and any sanctions 
     imposed pursuant to that Act shall terminate on ____.'', with 
     the blank space being filled with the termination date.
       (C) Covered resolution.--In this subsection, the term 
     ``covered resolution'' means a disapproval resolution or a 
     termination resolution.
       (2) Introduction.--A covered resolution may be introduced--
       (A) in the House of Representatives, by the majority leader 
     or the minority leader; and
       (B) in the Senate, by the majority leader (or the majority 
     leader's designee) or the minority leader (or the minority 
     leader's designee).
       (3) Floor consideration in house of representatives.--If a 
     committee of the House of Representatives to which a covered 
     resolution has been referred has not reported the resolution 
     within 10 calendar days after the date of referral, that 
     committee shall be discharged from further consideration of 
     the resolution.
       (4) Consideration in the senate.--
       (A) Committee referral.--
       (i) Disapproval resolution.--A disapproval resolution 
     introduced in the Senate shall be--

       (I) referred to the Committee on Banking, Housing, and 
     Urban Affairs if the resolution relates to an action that is 
     not intended to significantly alter United States foreign 
     policy with regard to China; and
       (II) referred to the Committee on Foreign Relations if the 
     resolution relates to an action that is intended to 
     significantly alter United States foreign policy with regard 
     to China.

       (ii) Termination resolution.--A termination resolution 
     introduced in the Senate shall be referred to the Committee 
     on Banking, Housing, and Urban Affairs and the Committee on 
     Foreign Relations.
       (B) Reporting and discharge.--If a committee to which a 
     covered resolution was referred has not reported the 
     resolution within 10 calendar days after the date of referral 
     of the resolution, that committee shall be discharged from 
     further consideration of the resolution and the resolution 
     shall be placed on the appropriate calendar.
       (C) Proceeding to consideration.--Notwithstanding Rule XXII 
     of the Standing Rules of the Senate, it is in order at any 
     time after the Committee on Banking, Housing, and Urban 
     Affairs or the Committee on Foreign Relations, as the case 
     may be, reports a covered resolution to the Senate or has 
     been discharged from consideration of such a resolution (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     resolution, and all points of order against the resolution 
     (and against consideration of the resolution) are waived. The 
     motion to proceed is not debatable. The motion is not subject 
     to a motion to postpone. A motion to reconsider the vote by 
     which the motion is agreed to or disagreed to shall not be in 
     order.
       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a covered resolution shall be decided without 
     debate.
       (E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a covered resolution, 
     including all debatable motions and appeals in connection 
     with the resolution, shall be limited to 10 hours, to be 
     equally divided between, and controlled by, the majority 
     leader and the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate resolution in house.--In the House 
     of Representatives, the following procedures shall apply to a 
     covered resolution received from the Senate (unless the House 
     has already passed a resolution relating to the same proposed 
     action):
       (i) The resolution shall be referred to the appropriate 
     committees.
       (ii) If a committee to which a resolution has been referred 
     has not reported the resolution within 2 calendar days after 
     the date of referral, that committee shall be discharged from 
     further consideration of the resolution.
       (iii) Beginning on the third legislative day after each 
     committee to which a resolution has been referred reports the 
     resolution to the House or has been discharged from further 
     consideration thereof, it shall be in order to move to 
     proceed to consider the resolution in the House. All points 
     of order against the motion are waived. Such a motion shall 
     not be in order after the House has disposed of a motion to 
     proceed on the resolution. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion. The motion shall not be debatable. A 
     motion to reconsider the vote by which the motion is disposed 
     of shall not be in order.
       (iv) The resolution shall be considered as read. All points 
     of order against the resolution and against its consideration 
     are waived. The previous question shall be considered as 
     ordered on the resolution to final passage without 
     intervening motion except 2 hours of debate equally divided 
     and controlled by the sponsor of the resolution (or a 
     designee) and an opponent. A motion to reconsider the vote on 
     passage of the resolution shall not be in order.
       (B) Treatment of house resolution in senate.--
       (i) Received before passage of senate resolution.--If, 
     before the passage by the Senate of a covered resolution, the 
     Senate receives an identical resolution from the House of 
     Representatives, the following procedures shall apply:

       (I) That resolution shall not be referred to a committee.
       (II) With respect to that resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the resolution from 
     the House of Representatives.
       (ii) Received after passage of senate resolution.--If, 
     following passage of a covered resolution in the Senate, the 
     Senate receives an identical resolution from the House of 
     Representatives, that resolution shall be placed on the 
     appropriate Senate calendar.
       (iii) No senate companion.--If a covered resolution is 
     received from the House of Representatives, and no companion 
     resolution has been introduced in the Senate, the Senate 
     procedures under this subsection shall apply to the 
     resolution from the House of Representatives.
       (C) Application to revenue measures.--The provisions of 
     this paragraph shall not apply in the House of 
     Representatives to a covered resolution that is a revenue 
     measure.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 9. IMPLEMENTATION; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to the extent necessary to carry out this Act.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     section 6 or 7 or any regulation, license, or order issued to 
     carry out that section shall be subject to the penalties set 
     forth in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.

     SEC. 10. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed as an authorization 
     of military force against China.
                                 ______
                                 
  SA 1822. Mr. LANKFORD (for himself, Mr. Perdue, Mrs. Loeffler, Mr. 
Lee, and Mr. Romney) submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction,

[[Page S3361]]

and for defense activities of the Department of 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 1108 and insert the following:

     SEC. 1108. EXPANSION OF AUTHORITY FOR APPOINTMENT OF RECENTLY 
                   RETIRED MEMBERS OF THE ARMED FORCES TO 
                   POSITIONS IN THE DEPARTMENT OF DEFENSE.

       (a) In General.--Subsection (b) of section 3326 of title 5, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the proposed appointment is to a position classified 
     at or below GS-13 under the General Schedule under subchapter 
     III of chapter 53 (or an equivalent level under another wage 
     system) in the competitive service that is a position--
       ``(A) to which appointments are authorized using Direct 
     Hire Authority or Expedited Hiring Authority; and
       ``(B) that has been certified by the Secretary concerned as 
     lacking sufficient numbers of potential applicants who are 
     not retired members of the armed forces.''.
       (b) Limitation on Delegation of Certification Authority.--
     Such section is further amended by adding at the end the 
     following new subsection:
       ``(d) The authority to make a certification described in 
     subsection (b)(3) of this section may not be delegated to an 
     individual with a grade lower than colonel, or captain in the 
     Navy, or an individual with an equivalent civilian grade.''.
                                 ______
                                 
  SA 1823. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. INAPPLICABILITY OF CERTIFICATION OF EXECUTIVE 
                   QUALIFICATION REVIEW BOARDS.

       (a) In General.--Section 3393 of title 5, United States 
     Code, is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsections (d) through (g) as 
     subsections (c) through (f), respectively.
       (b) Updates.--
       (1) Definitions.--In this subsection, the terms ``agency'' 
     and ``career appointee'' have the meanings given those terms 
     in section 3132(a) of title 5, United States Code.
       (2) Requirements.--Not later than 1 year after the date of 
     enactment of this Act--
       (A) in order to account for the amendments made by 
     subsection (a), the head of each agency shall revise the 
     executive qualifications with respect to appointment to 
     career appointee positions at the agency, as are required to 
     be determined in writing under section 3393(d) of title 5, 
     United States Code, as so redesignated by subsection (a)(2) 
     of this section; and
       (B) the Director of the Office of Personnel Management 
     shall make any amendments to the rules of the Office that are 
     necessary as a result of the amendments made by subsection 
     (a).
       (c) Technical and Conforming Amendments.--
       (1) John s. mccain national defense authorization act for 
     fiscal year 2019.--Section 1109(a) of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 (5 
     U.S.C. 3393 note) is amended--
       (A) by striking ``Notwithstanding section 3393(c) of title 
     5, United States Code, or any regulations implementing that 
     section, and subject to'' and inserting ``Subject to''; and
       (B) by striking ``otherwise required by that section''.
       (2) Title 5.--Title 5, United States Code, is amended--
       (A) in section 3592(a)(1), by striking ``section 3393(d)'' 
     and inserting ``section 3393(c)'';
       (B) in section 3593--
       (i) in subsection (a)--

       (I) in the matter preceding paragraph (1), by striking 
     ``section 3393(b) and (c)'' and inserting ``section 
     3393(b)''; and
       (II) in paragraph (1), by striking ``section 3393(d)'' and 
     inserting ``section 3393(c)''; and

       (ii) in subsection (c)(1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``section 3393(b) and (c)'' and inserting ``section 
     3393(b)''; and
       (II) in subparagraph (C), by striking ``section 3393(d)'' 
     and inserting ``section 3393(c)'';

       (C) in section 3594--
       (i) in subsection (a), by striking ``section 3393(d)'' and 
     inserting ``section 3393(c)''; and
       (ii) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``section 3393(d)'' and inserting ``section 
     3393(c)'';
       (D) in section 3595(b)(1), by striking ``section 3393(d)'' 
     and inserting ``section 3393(c)''; and
       (E) in section 7541(1)(A), by striking ``section 3393(d)'' 
     and inserting ``section 3393(c)''.
       (3) Title 10.--Section 1599e(a) of title 10, United States 
     Code, is amended by striking ``sections 3321 and 3393(d) of 
     title 5'' and inserting ``sections 3321 and 3393(c) of title 
     5''.
                                 ______
                                 
  SA 1824. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. EXPANSION OF FEDERAL EMPLOYEE COVERAGE.

       (a) Paid Parental Leave for Employees of District of 
     Columbia Courts and District of Columbia Public Defender 
     Service.--
       (1) District of columbia courts.--Section 11-1726, District 
     of Columbia Official Code, is amended by adding at the end 
     the following new subsection:
       ``(d) In carrying out the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial 
     employees of the District of Columbia courts, the Joint 
     Committee on Judicial Administration shall, notwithstanding 
     any provision of such Act, establish a paid parental leave 
     program for the leave described in subparagraphs (A) and (B) 
     of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) 
     (relating to leave provided in connection with the birth of a 
     child or a placement of a child for adoption or foster care). 
     In developing the terms and conditions for this program, the 
     Joint Committee may be guided by the terms and conditions 
     applicable to the provision of paid parental leave for 
     employees of the Federal Government under chapter 63 of title 
     5, United States Code, and any corresponding regulations.''.
       (2) District of columbia public defender service.--Section 
     305 of the District of Columbia Court Reform and Criminal 
     Procedure Act of 1970 (section 2-1605, D.C. Official Code) is 
     amended by adding at the end the following new subsection:
       ``(d) In carrying out the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2601 et seq.) with respect to employees of 
     the Service, the Director shall, notwithstanding any 
     provision of such Act, establish a paid parental leave 
     program for the leave described in subparagraphs (A) and (B) 
     of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) 
     (relating to leave provided in connection with the birth of a 
     child or the placement of a child for adoption or foster 
     care). In developing the terms and conditions for this 
     program, the Director may be guided by the terms and 
     conditions applicable to the provision of paid parental leave 
     for employees of the Federal Government under chapter 63 of 
     title 5, United States Code, and any corresponding 
     regulations.''.
       (b) FAA and TSA.--
       (1) Application of title 5 family and medical leave.--
       (A) In general.--Section 40122(g)(2) of title 49, United 
     States Code, is amended--
       (i) in subparagraph (I)(iii), by striking ``and'' at the 
     end;
       (ii) in subparagraph (J), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(K) subchapter V of chapter 63, relating to family and 
     medical leave.''.
       (B) Applicability.--The amendments made by subparagraph (A) 
     shall not be effective with respect to any event for which 
     leave may be taken under subchapter V of chapter 63 of title 
     5, United States Code, occurring before October 1, 2020.
       (2) Clarification for tsa screeners.--
       (A) In general.--Section 111(d)(2)(B) of the Aviation and 
     Transportation Security Act (49 U.S.C. 44935 note) is amended 
     to read as follows:
       ``(B) Leave.--Any individual appointed under paragraph (1) 
     who otherwise qualifies as an employee under the requirements 
     in section 6381(1) of title 5, United States Code, shall be 
     subject to subchapter V of chapter 63 of such title.''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall not be effective with respect to any event for which 
     leave may be taken under subchapter V of chapter 63 of title 
     5, United States Code, occurring before October 1, 2020.
       (c) Title 38 Employees.--
       (1) In general.--Section 7425 of title 38, United States 
     Code, is amended--
       (A) in subsection (b), by striking ``Notwithstanding'' and 
     inserting ``Except as provided in subsection (c), and 
     notwithstanding''; and
       (B) by adding at the end the following:
       ``(c) Notwithstanding any other provision of this 
     subchapter, the Administration shall provide to individuals 
     appointed to any position described in section 7421(b) who 
     are employed for compensation by the Administration, family 
     and medical leave in the same manner and subject to the same 
     limitations to the maximum extent practicable, as family and 
     medical leave is provided under subchapter V of chapter 63 of 
     title 5 to employees, as defined in section 6381(1) of such 
     title.''.
       (2) Applicability.--The amendments made by paragraph (1) 
     shall not be effective with respect to any event for which 
     leave may be taken under subchapter V of chapter 63 of title 
     5, United States Code, occurring before October 1, 2020.

[[Page S3362]]

       (d) Article I Judges.--
       (1) Bankruptcy judges.--Section 153(d) of title 28, United 
     States Code, is amended--
       (A) by inserting ``(1)'' before ``A bankruptcy judge''; and
       (B) by adding at the end the following:
       ``(2) The provisions of subchapter V of chapter 63 of title 
     5 shall apply to a bankruptcy judge as if the bankruptcy 
     judge were an employee (within the meaning of subparagraph 
     (A) of section 6381(1) of such title).''.
       (2) Magistrate judges.--Section 631(k) of title 28, United 
     States Code, is amended--
       (A) by inserting ``(1)'' before ``A United States 
     magistrate judge''; and
       (B) by adding at the end the following:
       ``(2) The provisions of subchapter V of chapter 63 of title 
     5 shall apply to a United States magistrate judge as if the 
     United States magistrate judge were an employee (within the 
     meaning of subparagraph (A) of section 6381(1) of such 
     title).''.
       (3) Applicability.--The amendments made by this subsection 
     shall not be effective with respect to any event for which 
     leave may be taken under subchapter V of chapter 63 of title 
     5, United States Code, occurring before October 1, 2020.
       (e) Employees of Executive Office of the President.--
       (1) In general.--Section 412 of title 3, United States 
     Code, is amended--
       (A) in subsection (a), by adding at the end the following:
       ``(3) Exception.--Notwithstanding section 401(b)(2), the 
     requirements of paragraph (2)(B) shall not apply with respect 
     to leave under subparagraph (A) or (B) of section 102(a)(1) 
     of the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2612(a)(1)).'';
       (B) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (C) by inserting after subsection (b) the following:
       ``(c) Special Rules for Substitution of Paid Leave.--
       ``(1) Substitution of paid leave.--A covered employee may 
     elect to substitute for any leave without pay under 
     subparagraph (A) or (B) of section 102(a)(1) of the Family 
     and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid 
     leave which is available to such employee for that purpose.
       ``(2) Available leave.--The paid leave that is available to 
     a covered employee for purposes of paragraph (1) is leave of 
     the type and in the amount available to an employee under 
     section 6382(d)(2)(B) of title 5, United States Code, for 
     substitution for leave without pay under subparagraph (A) or 
     (B) of section 6382(a)(1) of such title.
       ``(3) Consistency with title 5.--Paid leave shall be 
     substituted under this subsection in a manner that is 
     consistent with the requirements in section 6382(d)(2) of 
     title 5, United States Code, except that a reference in that 
     section to an employing agency shall be considered to be a 
     reference to an employing office, and subparagraph (E) of 
     that section shall not apply.'';
       (D) in paragraph (2) of subsection (d), as redesignated by 
     subparagraph (B)--
       (i) in subparagraph (A), by striking ``and'' at the end of 
     the subparagraph;
       (ii) in subparagraph (B) by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(C) except that the President or designee shall issue 
     regulations to implement subsection (c) in accordance with 
     the requirements of that subsection.''; and
       (E) in paragraph (1) of subsection (e), as redesignated by 
     subparagraph (B), by inserting after ``subsection (c)'' the 
     following: ``(as in effect on the date of enactment of the 
     Presidential and Executive Office Accountability Act)''.
       (2) Applicability.--The amendments made by this subsection 
     shall not be effective with respect to any birth or placement 
     occurring before October 1, 2020.
       (f) Amendments to Title 5 Family and Medical Leave Act 
     Provisions.--Chapter 63 of title 5, United States Code, is 
     amended--
       (1) in section 6301(2), by amending clause (v) to read as 
     follows:
       ``(v) an employee of the Veterans Health Administration who 
     is covered by a leave system established under section 7421 
     of title 38;'';
       (2) in section 6381(1)--
       (A) in subparagraph (A), by striking ``(v) or''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) has completed at least 12 months of service as an 
     employee (as defined in section 2105) of the Government of 
     the United States, including service with the United States 
     Postal Service, the Postal Regulatory Commission, and a 
     nonappropriated fund instrumentality as described in section 
     2105(c);''; and
       (3) in section 6382(d)--
       (A) in paragraph (1), by striking ``under subchapter I'' in 
     each place it appears; and
       (B) in paragraph (2)--
       (i) in subparagraph (B)(ii), by striking ``under subchapter 
     I''; and
       (ii) by adding at the end the following:
       ``(H) Notwithstanding subparagraph (B)(i), an employee's 
     entitlement to 12 administrative workweeks of paid parental 
     leave described in such subparagraph in connection with a 
     particular birth or placement shall be reduced by the period 
     for which the employee received paid parental leave under an 
     authority applicable to Federal employees other than this 
     paragraph for the same birth or placement event.''.
       (g) Parallel Benefits.--Notwithstanding any other provision 
     of law, a Federal agency shall reduce an employee's otherwise 
     applicable paid parental leave benefit to account for any 
     parallel Federal employee leave benefit provided to the 
     employee during a leave eligibility period connected to the 
     birth or placement of the same son or daughter.
       (h) Effective Date.--The amendments made by this section 
     shall take effect as if enacted immediately after the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2020.
                                 ______
                                 
  SA 1825. Mr. LANKFORD (for himself, Mr. Peters, and Ms. Sinema) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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. __. REQUIREMENT TO POST A 100 WORD SUMMARY TO 
                   REGULATIONS.GOV.

       Section 553(b) of title 5, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) the Internet address of a summary of not more than 
     100 words in length of the proposed rule, in plain language, 
     that shall be posted on the Internet website under section 
     206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) 
     (commonly known as regulations.gov).''.
                                 ______
                                 
  SA 1826. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At appropriate place, insert the following:

     SECTION ___. EXPEDITED HIRING AUTHORITY.

       (a) Expedited Hiring Authority for College Graduates.--
     Section 3115(e)(1) of title 5, United States Code, is amended 
     by striking ``15 percent'' and inserting ``25 percent''.
       (b) Expedited Hiring Authority for Post-secondary 
     Students.--Section 3116(d)(1) of title 5, United States Code, 
     is amended by striking ``15 percent'' and inserting ``25 
     percent''.
                                 ______
                                 
  SA 1827. Mr. WARNER (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. SECURE AND TRUSTED TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (F) the Committee on Appropriations of the Senate;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives;
       (J) the Committee on Armed Services of the House of 
     Representatives;
       (K) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (L) the Committee on Appropriations of the House of 
     Representatives.
       (2) Fifth-generation wireless network.--The term ``fifth-
     generation wireless network'' means a radio network as 
     described by the 3rd Generation Partnership Project (3GPP) 
     Release 15 or higher.
       (b) Supporting the Development and Adoption of Secure and 
     Trusted Technologies Among Intelligence Allies and 
     Partners.--
       (1) Communications technology security and innovation 
     fund.--
       (A) Establishment of fund.--
       (i) In general.--There is established in the Treasury of 
     the United States a fund to be

[[Page S3363]]

     known as the ``Communications Technology Security and 
     Innovation Fund'' (referred to in this paragraph as the 
     ``Security Fund'').
       (ii) Administration.--The Director of the Intelligence 
     Advanced Research Projects Activity shall administer the 
     Security Fund.
       (iii) Contents of fund.--

       (I) In general.--The fund shall consist of--

       (aa) amounts appropriated pursuant to the authorization of 
     appropriations under paragraph (3)(A); and
       (bb) such other amounts as may be appropriated or otherwise 
     made available to the Director of the Intelligence Advanced 
     Research Projects Activity to be deposited in the Security 
     Fund.

       (II) Availability.--

       (aa) In general.--Amounts deposited in the Security Fund 
     shall remain available through the end of the tenth fiscal 
     year beginning after the date of the enactment of this Act.
       (bb) Remainder to treasury.--Any amounts remaining in the 
     Security Fund after the end of the tenth fiscal year 
     beginning after the date of the enactment of this Act shall 
     be deposited in the general fund of the Treasury.
       (iv) Use of amounts.--Amounts deposited in the Security 
     Fund shall be available to the Director of the Intelligence 
     Advanced Research Projects Activity to award grants under 
     subparagraph (B).
       (B) Grants.--
       (i) In general.--The Director of the Intelligence Advanced 
     Research Projects Activity shall award grants to support 
     research and the commercial application of such research, 
     including in the following areas:

       (I) Promoting the development of technology, including 
     software, hardware, and microprocessing technology, that will 
     enhance competitiveness in fifth-generation (commonly known 
     as ``5G'') and successor wireless technology supply chains.
       (II) Accelerating development and deployment of open 
     interface, standards-based compatible interoperable 
     equipment, such as equipment developed pursuant to the 
     standards set forth by organizations such as the O-RAN 
     Alliance, the Telecom Infra Project, 3GPP, the O-RAN Software 
     Community, or any successor organizations.
       (III) Promoting compatibility of new fifth-generation 
     wireless network equipment with future open standards-based 
     interoperable equipment.
       (IV) Managing integration of multivendor network 
     environments.
       (V) Objective criteria to define equipment as compliant 
     with open standards for multivendor network equipment 
     interoperability.
       (VI) Promoting development and inclusion of security 
     features enhancing the integrity and availability of 
     equipment in multivendor networks.
       (VII) Promoting the application of network function 
     virtualization to facilitate multivendor interoperability and 
     a more diverse vendor market.

       (ii) Amount.--

       (I) In general.--Subject to subclause (II), a grant awarded 
     under clause (i) shall be in such amount as the Director of 
     the Intelligence Advanced Research Projects Activity consider 
     appropriate.
       (II) Limitation on grant amounts.--The amount of a grant 
     awarded under this paragraph to a recipient for a specific 
     research focus area may not exceed $100,000,000.

       (iii) Criteria.--The Director of the Intelligence Advanced 
     Research Projects Activity, in consultation with the 
     Secretary of Defense, the Assistant Secretary of Commerce for 
     Communications and Information, the Director of the National 
     Institute of Standards and Technology, and the Secretary of 
     Homeland Security, shall establish criteria for grants 
     awarded under clause (i).
       (iv) Timing.--Not later than 1 year after the date of the 
     enactment of this Act, the Director of the Intelligence 
     Advanced Research Projects Activity shall begin awarding 
     grants under clause (i).
       (C) Federal advisory body.--
       (i) Establishment.--The Director of the Intelligence 
     Advanced Research Projects Activity shall establish a Federal 
     advisory committee, in accordance with the Federal Advisory 
     Committee Act (5 U.S.C. App.), composed of government and 
     private sector experts, to advise the Director of the 
     Intelligence Advanced Research Projects Activity on the 
     administration of the Security Fund.
       (ii) Composition.--The advisory committee established under 
     clause (i) shall be composed of--

       (I) representatives from--

       (aa) the Federal Communications Commission;
       (bb) the National Institute of Standards and Technology;
       (cc) the Department of Defense;
       (dd) the Department of State;
       (ee) the National Science Foundation; and
       (ff) the Department of Homeland Security; and

       (II) other representatives from the private and public 
     sectors, at the discretion of the Security Fund.

       (iii) Duties.--The advisory committee established under 
     clause (i) shall advise the Director of the Intelligence 
     Advanced Research Projects Activity on technology 
     developments to help inform--

       (I) the strategic direction of the Security Fund; and
       (II) efforts of the Federal Government to promote a more 
     secure, diverse, sustainable, and competitive supply chain.

       (D) Reports to congress.--
       (i) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of the 
     Intelligence Advanced Research Projects Activity shall submit 
     to the appropriate committees of Congress a report with--

       (I) additional recommendations on promoting the 
     competitiveness and sustainability of trusted suppliers in 
     the wireless supply chain; and
       (II) any additional authorities needed to facilitate the 
     timely adoption of open standards-based equipment, including 
     authority to provide loans, loan guarantees, and other forms 
     of credit extension that would maximize the use of designated 
     funds.

       (ii) Annual report.--For each fiscal year for which amounts 
     in the Security Fund are available under this paragraph, the 
     Director of the Intelligence Advanced Research Projects 
     Activity shall submit to Congress a report that--

       (I) describes how, and to whom, grants have been awarded 
     under subparagraph (B);
       (II) details the progress of the Director of the 
     Intelligence Advanced Research Projects Activity in meeting 
     the objectives described in subparagraph (B)(i); and
       (III) includes such other information as the Director of 
     the Intelligence Advanced Research Projects Activity 
     determine appropriate.

       (2) Multilateral telecommunications security fund.--
       (A) Establishment of fund.--
       (i) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Multilateral 
     Telecommunications Security Fund'' (in this section referred 
     to as the ``Multilateral Fund'').
       (ii) Administration.--The Director of National Intelligence 
     and the Secretary of Defense shall jointly administer the 
     Multilateral Fund.
       (iii) Use of amounts.--Amounts in the Multilateral Fund 
     shall be used to establish the common funding mechanism 
     required by subparagraph (B).
       (iv) Contents of fund.--

       (I) In general.--The Multilateral Fund shall consist of 
     amounts appropriated pursuant to the authorization of 
     appropriations under paragraph (3)(B) and such other amounts 
     as may be appropriated or otherwise made available to the 
     Director and the Secretary to be deposited in the 
     Multilateral Fund.
       (II) Availability.--

       (aa) In general.--Amounts deposited in the Multilateral 
     Fund shall remain available through fiscal year 2031.
       (bb) Remainder to treasury.--Any amounts remaining in the 
     Fund after fiscal year 2031 shall be deposited in the General 
     Fund of the Treasury.
       (B) Multilateral common funding mechanism.--
       (i) In general.--The Director and the Secretary shall 
     jointly, in coordination with foreign partners, establish a 
     common funding mechanism that uses amounts from the 
     Multilateral Fund to support the development and adoption of 
     secure and trusted telecommunications technologies in key 
     markets globally.
       (ii) Consultation required.--The Director and the Secretary 
     shall carry out clause (i) in consultation with the 
     following:

       (I) The Federal Communications Commission.
       (II) The Secretary of State.
       (III) The Assistant Secretary of Commerce for 
     Communications and Information.
       (IV) The Director of the Intelligence Advanced Research 
     Projects Activity.
       (V) The Under Secretary of Commerce for Standards and 
     Technology.

       (C) Annual report to congress.--
       (i) In general.--Not later than 1 year after the date of 
     the enactment of this Act and not less frequently than once 
     each fiscal year thereafter until fiscal year 2031, the 
     Director and the Secretary shall jointly submit to the 
     appropriate committees of Congress an annual report on the 
     Multilateral Fund and the use of amounts under subparagraph 
     (B).
       (ii) Contents.--Each report submitted under clause (i) 
     shall include, for the fiscal year covered by the report, the 
     following:

       (I) Any funding commitments from foreign partners, 
     including each specific amount committed.
       (II) Governing criteria for use of the amounts in the 
     Multilateral Fund.
       (III) An account of--

       (aa) how, and to whom, funds have been deployed;
       (bb) amounts remaining in the Multilateral Fund; and
       (cc) the progress of the Director and the Secretary in 
     meeting the objective described in subparagraph (B)(i).

       (IV) Such recommendations for legislative or administrative 
     action as the Director and the Secretary may have to enhance 
     the effectiveness of the Multilateral Fund in achieving the 
     security goals of the United States.

       (3) Authorization of appropriations.--
       (A) Communications technology security and innovation 
     fund.--There is authorized to be appropriated to carry out 
     paragraph (1) $750,000,000 for the period of fiscal years 
     2021 through 2031.
       (B) Multilateral telecommunications security fund.--There 
     is authorized to be appropriated to carry out paragraph (2) 
     $750,000,000 for the period of fiscal years 2021 through 
     2031.
       (c) Exposing Political Pressure in International Standards-
     setting Bodies That Set Standards for Fifth-generation 
     Wireless Networks.--

[[Page S3364]]

       (1) Report required.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report on political pressure within international 
     forums that set standards for fifth-generation wireless 
     networks and for future generations of wireless networks, 
     including--
       (i) the International Telecommunication Union (ITU);
       (ii) the International Organization for Standardization 
     (ISO);
       (iii) the Inter-American Telecommunication Commission 
     (CITEL); and
       (iv) the voluntary standards organizations that develop 
     protocols for wireless devices and other equipment, such as 
     the 3rd Generation Partnership Project (3GPP) and the 
     Institute of Electrical and Electronics Engineers (IEEE).
       (B) Form.--The report submitted under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (2) Consultation required.--The Director and the Secretary 
     shall carry out paragraph (1) in consultation with the 
     following:
       (A) The Federal Communications Commission.
       (B) The Secretary of State.
       (C) The Assistant Secretary of Commerce for Communications 
     and Information.
       (D) The Secretary of Defense.
       (E) The Director of National Intelligence.
       (F) The Under Secretary of Commerce for Standards and 
     Technology.
                                 ______
                                 
  SA 1828. Mr. CARPER (for himself, Mr. Barrasso, Mrs. Capito, Mr. 
Whitehouse, Mr. Cramer, Mr. Van Hollen, Mr. Sullivan, Mrs. Gillibrand, 
Mr. Blumenthal, Mr. Cardin, and Mr. Booker) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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. ___. DIESEL EMISSIONS REDUCTION.

       (a) Reauthorization of Diesel Emissions Reduction 
     Program.--Section 797(a) of the Energy Policy Act of 2005 (42 
     U.S.C. 16137(a)) is amended by striking ``2016'' and 
     inserting ``2024''.
       (b) Recognizing Differences in Diesel Vehicle, Engine, 
     Equipment, and Fleet Use.--
       (1) National grant, rebate, and loan programs.--Section 
     792(c)(4)(D) of the Energy Policy Act of 2005 (42 U.S.C. 
     16132(c)(4)(D)) is amended by inserting ``, recognizing 
     differences in typical vehicle, engine, equipment, and fleet 
     use throughout the United States'' before the semicolon.
       (2) State grant, rebate, and loan programs.--Section 
     793(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 
     16133(b)(1)) is amended--
       (A) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon; and
       (B) by adding at the end the following:
       ``(D) the recognition, for purposes of implementing this 
     section, of differences in typical vehicle, engine, 
     equipment, and fleet use throughout the United States, 
     including expected useful life; and''.
       (c) Reallocation of Unused State Funds.--Section 
     793(c)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 
     16133(c)(2)(C)) is amended beginning in the matter preceding 
     clause (i) by striking ``to each remaining'' and all that 
     follows through ``this paragraph'' in clause (ii) and 
     inserting ``to carry out section 792''.
                                 ______
                                 
  SA 1829. Mr. COONS (for himself, Mr. Tillis, Mr. Markey, Mr. Young, 
Mr. Durbin, and Ms. Collins) submitted an amendment intended to be 
proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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. __. SENATE HUMAN RIGHTS COMMISSION.

       (a) Commission Establishment.--
       (1) In general.--There is established in the Senate the 
     Senate Human Rights Commission (in this section referred to 
     as the ``Commission'').
       (2) Duties.--The Commission shall--
       (A) serve as a forum for bipartisan discussion of 
     international human rights issues and promotion of 
     internationally recognized human rights as enshrined in the 
     Universal Declaration of Human Rights;
       (B) raise awareness of international human rights 
     violations through regular briefings and hearings; and
       (C) collaborate with the executive branch, human rights 
     entities, and nongovernmental organizations to promote human 
     rights initiatives within the Senate.
       (3) Membership.--Any Senator may become a member of the 
     Commission by submitting a written statement to that effect 
     to the Commission.
       (4) Co-chairpersons of the commission.--
       (A) In general.--Two members of the Commission shall be 
     appointed to serve as co-chairpersons of the Commission, as 
     follows:
       (i) One co-chairperson shall be appointed, and may be 
     removed, by the majority leader of the Senate.
       (ii) One co-chairperson shall be appointed, and may be 
     removed, by the minority leader of the Senate.
       (B) Term.--The term of a member as a co-chairperson of the 
     Commission shall end on the last day of the Congress during 
     which the member is appointed as a co-chairperson, unless the 
     member ceases being a member of the Senate, leaves the 
     Commission, resigns from the position of co-chairperson, or 
     is removed.
       (C) Publication.--Appointments under this paragraph shall 
     be printed in the Congressional Record.
       (D) Vacancies.--Any vacancy in the position of co-
     chairperson of the Commission shall be filled in the same 
     manner in which the original appointment was made.
       (b) Commission Staff.--
       (1) Compensation and expenses.--
       (A) In general.--The Commission is authorized, from funds 
     made available under subsection (c), to--
       (i) employ such staff in the manner and at a rate not to 
     exceed that allowed for employees of a committee of the 
     Senate under section 105(e)(3) of the Legislative Branch 
     Appropriation Act, 1968 (2 U.S.C. 4575(e)(3)); and
       (ii) incur such expenses as may be necessary or appropriate 
     to carry out its duties and functions.
       (B) Expenses.--
       (i) In general.--Payments made under this subsection for 
     receptions, meals, and food-related expenses shall be 
     authorized only for actual expenses incurred by the 
     Commission in the course of conducting its official duties 
     and functions.
       (ii) Treatment of payments.--Amounts received as 
     reimbursement for expenses described in clause (i) shall not 
     be reported as income, and the expenses so reimbursed shall 
     not be allowed as a deduction under the Internal Revenue Code 
     of 1986.
       (2) Designation of professional staff.--
       (A) In general.--Each co-chairperson of the Commission may 
     designate 1 professional staff member.
       (B) Compensation of senate employees.--In the case of the 
     compensation of any professional staff member designated 
     under subparagraph (A) who is an employee of a Member of the 
     Senate or of a committee of the Senate and who has been 
     designated to perform services for the Commission, the 
     professional staff member shall continue to be paid by the 
     Member or committee, as the case may be, but the account from 
     which the professional staff member is paid shall be 
     reimbursed for the services of the professional staff member 
     (including agency contributions when appropriate) out of 
     funds made available under subsection (c).
       (C) Duties.--Each professional staff member designated 
     under subparagraph (A) shall--
       (i) serve all members of the Commission; and
       (ii) carry out such other functions as the co-chairperson 
     designating the professional staff member may specify.
       (c) Payment of Expenses.--
       (1) In general.--The expenses of the Commission shall be 
     paid from the Contingent Fund of the Senate, out of the 
     account of Miscellaneous Items, upon vouchers approved 
     jointly by the co-chairpersons (except that vouchers shall 
     not be required for the disbursement of salaries of employees 
     who are paid at an annual rate of pay).
       (2) Amounts available.--For any fiscal year, not more than 
     $200,000 shall be expended for employees and expenses.
                                 ______
                                 
  SA 1830. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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. __. LIMITATION OF AUTHORITY.

       Section 508(a)(5) of the Controlled Substances Act (21 
     U.S.C. 878(a)(5)) is amended by inserting before the period 
     at the end the following: ``, except that such authority does 
     not include authority to conduct covert surveillance within 
     the United States on an individual engaging in a protest, 
     civil disobedience, or similar act''.
                                 ______
                                 
  SA 1831. Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Blumenthal, and 
Mr. Markey) submitted an amendment intended to be proposed by her to 
the bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy,

[[Page S3365]]

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. 752. DATABASE ON MILITARY AVIATORS AND STUDY ON THE 
                   INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY 
                   AMONG MILITARY AVIATORS.

       (a) Findings.--Congress makes the following findings:
       (1) It has been reported that the prevalence of cancer is 
     particularly high among military aviators, particularly among 
     fighter pilots in the Air Force, Navy, and Marine Corps.
       (2) There have been several alarming clusters of cancer 
     diagnoses at military installations, including at Naval Air 
     Weapons Station China Lake in California and Seymour Johnson 
     Air Force Base in North Carolina.
       (3) Four commanding officers who served at Naval Air 
     Weapons Station China Lake have died of cancer. Each officer 
     had completed thousands of flight hours in advanced jets.
       (4) According to a study by the Air Force in 2008 titled 
     ``Cancer in Fighters'', six pilots and weapons systems 
     officers for the F-15E Strike Eagle at Seymour Johnson Air 
     Force Base, aged 33 to 43, were diagnosed with forms of 
     urogenital cancers between 2002 and 2005. Each officer had 
     completed at least 2,100 flight hours.
       (5) A study by the Air Force in 2010 reported on a cluster 
     of seven members of the Air Force Special Operations Command 
     diagnosed with brain cancer among crew members of the C-130 
     between 2006 and 2009. The individuals affected were three C-
     130 pilots, two flight engineers, one loadmaster, and one 
     navigator assigned to different installations around the 
     world. Overall, brain cancer affects approximately 6.5 out of 
     100,000 people in the United States annually.
       (6) There has been no comprehensive study conducted of 
     cancer rates among military aviators.
       (7) One challenge of extracting findings from previous 
     studies by the Navy or the Air Force on cancer rates is that 
     each study focused on pilots who are active duty members of 
     the Armed Forces and did not include the medical records of 
     former pilots who are veterans, which is the population in 
     which cancer is surfacing.
       (8) Members of the Armed Forces who serve full military 
     careers are not likely to be counted in data captured by the 
     Department of Veterans Affairs. Members who serve 20 years or 
     more are eligible for health care under the TRICARE program, 
     which is managed by the Department of Defense. Also, many 
     members pursue private sector jobs after separating from the 
     Armed Forces and receive health care outside of the Federal 
     Government. Those factors have made it difficult to find 
     statistics to back up the health issues that families of 
     military aviators are experiencing.
       (b) Database.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     seek to enter into an agreement with the National Institutes 
     of Health, the National Cancer Institute, and the Department 
     of Veterans Affairs, under which the Secretary of Defense 
     shall develop a comprehensive database and repository--
       (A) identifying each military aviator; and
       (B) documenting the cancers, date of diagnosis, and 
     mortality of all such military aviators.
       (2) Data.--The Secretary of Defense shall format all data 
     included in the database and repository under paragraph (1) 
     in accordance with the Surveillance, Epidemiology, and End 
     Results program of the National Cancer Institute, including 
     by disaggregating such data by race, gender, and age.
       (c) Study.--
       (1) In general.--The Secretary of Defense, in conjunction 
     with the National Institutes of Health and the National 
     Cancer Institute, shall conduct a study on cancer among 
     military aviators in two phases as provided in this 
     subsection.
       (2) Phase 1.--
       (A) In general.--Under the initial phase of the study 
     conducted under paragraph (1), the Secretary of Defense shall 
     determine if there is a higher incidence of cancers occurring 
     for military aviators as compared to similar age groups in 
     the general population through the use of the database of the 
     Surveillance, Epidemiology, and End Results program of the 
     National Cancer Institute.
       (B) Report.--Not later than one year after the date on 
     which the Secretary of Defense enters into the agreement 
     under subsection (b)(1), the Secretary shall submit to the 
     appropriate committees of Congress a report on the findings 
     of the initial phase of the study under subparagraph (A).
       (3) Phase 2.--
       (A) In general.--If, pursuant to the initial phase of the 
     study under paragraph (2), the Secretary concludes that there 
     is an increased rate of cancers among military aviators, the 
     Secretary shall conduct a second phase of the study under 
     which the Secretary shall do the following:
       (i) Identify the carcinogenic toxins or hazardous materials 
     associated with military flight operations from shipboard or 
     land bases or facilities, such as fuels, fumes, and other 
     liquids.
       (ii) Identify the operating environments, including 
     frequencies or electromagnetic fields, where exposure to 
     ionizing radiation (associated with high altitude flight) and 
     nonionizing radiation (associated with airborne, ground, and 
     shipboard radars) occurred in which military aviators could 
     have received increased radiation amounts.
       (iii) Identify, for each military aviator, duty stations, 
     dates of service, aircraft flown, and additional duties (such 
     as Landing Safety Officer, Catapult and Arresting Gear 
     Officer, Air Liaison Officer, or Tactical Air Control Party) 
     that could have increased the risk of cancer for such 
     military aviator.
       (iv) Determine locations where a military aviator served or 
     additional duties of a military aviator that are associated 
     with higher incidences of cancers.
       (v) Identify potential exposures due to service in the 
     Armed Forces that are not related to aviation, such as 
     exposure to burn pits or toxins in contaminated water, 
     embedded in the soil, or inside bases or housing.
       (vi) Determine the appropriate age to begin screening 
     military aviators for cancer based on race, gender, flying 
     hours, Armed Force, type of aircraft, and mission.
       (B) Data.--The Secretary shall format all data included in 
     the study conducted under this paragraph in accordance with 
     the Surveillance, Epidemiology, and End Results program of 
     the National Cancer Institute, including by disaggregating 
     such data by race, gender, and age.
       (C) Report.--Not later than one year after the submittal of 
     the report under paragraph (2)(B), if the Secretary conducts 
     the second phase of the study under this paragraph, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report on the findings of the study conducted 
     under this paragraph.
       (4) Use of data from previous studies.--In conducting the 
     study under this subsection, the Secretary of Defense shall 
     incorporate data from previous studies conducted by the Air 
     Force, the Navy, or the Marine Corps that are relevant to the 
     study under this subsection, including data from the 
     comprehensive study conducted by the Air Force identifying 
     each military aviator and documenting the cancers, dates of 
     diagnoses, and mortality of each military aviator.
       (d) Definitions.--In this section:
       (1) Appropriate committee of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
       (2) Armed forces.--The term ``Armed Forces''--
       (A) has the meaning given the term ``armed forces'' in 
     section 101 of title 10, United States Code; and
       (B) includes the reserve components named in section 10101 
     of such title.
       (3) Military aviator.--The term ``military aviator''--
       (A) means an aviator who served in the Armed Forces on or 
     after February 28, 1961; and
       (B) includes any air crew member of fixed-wing aircraft, 
     including pilots, navigators, weapons systems operators, 
     aircraft system operators, and any other crew member who 
     regularly flies in an aircraft or is required to complete the 
     mission of the aircraft.
                                 ______
                                 
  SA 1832. Mrs. FEINSTEIN (for herself, Mr. Grassley, and Mr. Schatz) 
submitted an amendment intended to be proposed by her to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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:

         TITLE __--CANNABIDIOL AND MARIHUANA RESEARCH EXPANSION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Cannabidiol and Marihuana 
     Research Expansion Act''.

     SEC. __02. DEFINITIONS.

       In this title--
       (1) the term ``appropriately registered'' means that an 
     individual or entity is registered under the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) to engage in the type 
     of activity that is carried out by the individual or entity 
     with respect to with a controlled substance on the schedule 
     that is applicable to cannabidiol or marihuana, as 
     applicable;
       (2) the term ``cannabidiol'' means--
       (A) the substance, cannabidiol, as derived from marihuana 
     that has a delta-9 tetrahydrocannabinol level that is greater 
     than 0.3 percent; and
       (B) the synthetic equivalent of the substance described in 
     subparagraph (A);
       (3) the terms ``controlled substance'', ``dispense'', 
     ``distribute'', ``manufacture'', ``marihuana'', and 
     ``practitioner'' have the meanings given such terms in 
     section 102 of the Controlled Substances Act (21 U.S.C. 802), 
     as amended by this title;
       (4) the term ``covered institution of higher education'' 
     means an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)) that--

[[Page S3366]]

       (A)(i) has highest or higher research activity, as defined 
     by the Carnegie Classification of Institutions of Higher 
     Education; or
       (ii) is an accredited medical school or an accredited 
     school of osteopathic medicine; and
       (B) is appropriately registered under the Controlled 
     Substances Act (21 U.S.C. 801 et seq.);
       (5) the term ``drug'' has the meaning given the term in 
     section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 321(g)(1));
       (6) the term ``medical research for drug development'' 
     means medical research that is--
       (A) a preclinical study or clinical investigation conducted 
     in accordance with section 505(i) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 355(i)) or otherwise permitted by 
     the Department of Health and Human Services to determine the 
     potential medical benefits of marihuana or cannabidiol as a 
     drug; and
       (B) conducted by a covered institution of higher education, 
     practitioner, or manufacturer that is appropriately 
     registered under the Controlled Substances Act (21 U.S.C. 801 
     et seq.); and
       (7) the term ``State'' means any State of the United 
     States, the District of Columbia, and any territory of the 
     United States.

            Subtitle A--Registrations for Marihuana Research

     SEC. __11. MARIHUANA RESEARCH APPLICATIONS.

       Section 303(f) of the Controlled Substances Act (21 U.S.C. 
     823(f)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively;
       (2) by striking ``(f) The Attorney General'' and inserting 
     ``(f)(1) The Attorney General'';
       (3) by striking ``Registration applications'' and inserting 
     the following:
       ``(2)(A) Registration applications'';
       (4) by striking ``Article 7'' and inserting the following:
       ``(3) Article 7''; and
       (5) by inserting after paragraph (2)(A), as so designated, 
     the following:
       ``(B)(i) The Attorney General shall register a practitioner 
     to conduct research with marihuana if--
       ``(I) the applicant's research protocol--
       ``(aa) has been reviewed and allowed--
       ``(AA) by the Secretary of Health and Human Services under 
     section 505(i) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355(i));
       ``(BB) by the National Institutes of Health or another 
     Federal agency that funds scientific research; or
       ``(CC) pursuant to sections 1301.18 and 1301.32 of title 
     21, Code of Federal Regulations, or any successors thereto; 
     and
       ``(II) the applicant has demonstrated to the Attorney 
     General that there are effective procedures in place to 
     adequately safeguard against diversion of the controlled 
     substance for legitimate medical or scientific use pursuant 
     to section __15 of the Cannabidiol and Marihuana Research 
     Expansion Act, including demonstrating that the security 
     measures are adequate for storing the quantity of marihuana 
     the applicant would be authorized to possess.
       ``(ii) The Attorney General may deny an application for 
     registration under this subparagraph only if the Attorney 
     General determines that the issuance of the registration 
     would be inconsistent with the public interest. In 
     determining the public interest, the Attorney General shall 
     consider the factors listed in--
       ``(I) subparagraphs (B) through (E) of paragraph (1); and
       ``(II) subparagraph (A) of paragraph (1), if the applicable 
     State requires practitioners conducting research to register 
     with a board or authority described in such subparagraph (A).
       ``(iii)(I) Not later than 60 days after the date on which 
     the Attorney General receives a complete application for 
     registration under this subparagraph, the Attorney General 
     shall--
       ``(aa) approve the application; or
       ``(bb) request supplemental information.
       ``(II) For purposes of subclause (I), an application shall 
     be deemed complete when the applicant has submitted 
     documentation showing that the requirements under clause (i) 
     are satisfied.
       ``(iv) Not later than 30 days after the date on which the 
     Attorney General receives supplemental information as 
     described in clause (iii)(I)(bb) in connection with an 
     application described in this subparagraph, the Attorney 
     General shall approve or deny the application.
       ``(v) If an application described in this subparagraph is 
     denied, the Attorney General shall provide a written 
     explanation of the basis of denial to the applicant.''.

     SEC. __12. RESEARCH PROTOCOLS.

       (a) In General.--Paragraph (2)(B) of section 303 of the 
     Controlled Substances Act (21 U.S.C. 823(f), as amended by 
     section __11 of this title, is further amended by adding at 
     the end the following:
       ``(vi)(I) If the Attorney General grants an application for 
     registration under clause (i), the registrant may amend or 
     supplement the research protocol without reapplying if the 
     registrant does not change--
       ``(aa) the quantity or type of drug;
       ``(bb) the source of the drug; or
       ``(cc) the conditions under which the drug is stored, 
     tracked, or administered.
       ``(II)(aa) If a registrant under clause (i) seeks to change 
     the type of drug, the source of the drug, or conditions under 
     which the drug is stored, tracked, or administered, the 
     registrant shall notify the Attorney General via registered 
     mail, or an electronic means permitted by the Attorney 
     General, not later than 30 days before implementing an 
     amended or supplemental research protocol.
       ``(bb) A registrant may proceed with an amended or 
     supplemental research protocol described in item (aa) if the 
     Attorney General does not explicitly object during the 30-day 
     period beginning on the date on which the Attorney General 
     receives the notice under item (aa).
       ``(cc) The Attorney General may only object to an amended 
     or supplemental research protocol under this subclause if 
     additional security measures are needed to safeguard against 
     diversion or abuse.
       ``(dd) If a registrant under clause (i) seeks to address 
     additional security measures identified by the Attorney 
     General under item (cc), the registrant shall notify the 
     Attorney General via registered mail, or an electronic means 
     permitted by the Attorney General, not later than 30 days 
     before implementing an amended or supplemental research 
     protocol.
       ``(ee) A registrant may proceed with an amended or 
     supplemental research protocol described in item (dd) if the 
     Attorney General does not explicitly object during the 30-day 
     period beginning on the date on which the Attorney General 
     receives the notice under item (dd).
       ``(III) If a registrant under clause (i) seeks to change 
     the quantity of marihuana needed for research and the change 
     in quantity does not impact the factors described in item 
     (bb) or (cc) of subclause (I) of this clause, the change 
     shall be deemed approved by the Attorney General on the date 
     on which the registered mail return receipt is returned to 
     the registrant, or the date on which the electronic 
     notification, as permitted by the Attorney General, is 
     received, if the registrant submits to the Attorney General--
       ``(aa) the Drug Enforcement Administration registration 
     number of the registrant;
       ``(bb) the quantity of marihuana already obtained;
       ``(cc) the quantity of additional marihuana needed to 
     complete the research; and
       ``(dd) an attestation that the change in quantity does not 
     impact the source of the drug or the conditions under which 
     the drug is stored, tracked, or administered.
       ``(IV) Nothing in this clause shall limit the authority of 
     the Secretary of Health and Human Services over requirements 
     related to research protocols, including changes in--
       ``(aa) the method of administration of marihuana;
       ``(bb) the dosing of marihuana; and
       ``(cc) the number of individuals or patients involved in 
     research.''.
       (b) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall promulgate 
     regulations to carry out the amendment made by this section.

     SEC. __13. APPLICATIONS TO MANUFACTURE MARIHUANA FOR 
                   RESEARCH.

       (a) In General.--Section 303 of the Controlled Substances 
     Act (21 U.S.C. 823) is amended--
       (1) by redesignating subsections (c) through (k) as 
     subsections (d) through (l), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c)(1)(A) As it relates to applications to manufacture 
     marihuana for research purposes, if the Attorney General 
     places a notice in the Federal Register to increase the 
     number of entities registered under this Act to manufacture 
     marihuana to supply appropriately registered researchers in 
     the United States, the Attorney General shall, not later than 
     60 days after the date on which the Attorney General receives 
     a completed application--
       ``(i) approve the application; or
       ``(ii) request supplemental information.
       ``(B) For purposes of subparagraph (A), an application 
     shall be deemed complete when the applicant has submitted 
     documentation showing each of the following:
       ``(i) The requirements designated in the notice in the 
     Federal Register are satisfied.
       ``(ii) The requirements under this Act are satisfied.
       ``(iii) The applicant will limit the transfer and sale of 
     any marihuana manufactured under this subsection--
       ``(I) to researchers who are registered under this Act to 
     conduct research with controlled substances in schedule I; 
     and
       ``(II) for purposes of use in preclinical research or in a 
     clinical investigation pursuant to an investigational new 
     drug exemption under 505(i) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355(i)).
       ``(iv) The applicant will transfer or sell any marihuana 
     manufactured under this subsection only with prior, written 
     consent for the transfer or sale by the Attorney General.
       ``(v) The applicant has completed the application and 
     review process under subsection (a) for the bulk manufacture 
     of controlled substances in schedule I.
       ``(vi) The applicant has established and begun operation of 
     a process for storage and handling of controlled substances 
     in schedule I, including for inventory control and monitoring 
     security in accordance with section __15 of the Cannabidiol 
     and Marihuana Research Expansion Act.

[[Page S3367]]

       ``(vii) The applicant is licensed by each State in which 
     the applicant will conduct operations under this subsection, 
     to manufacture marihuana, if that State requires such a 
     license.
       ``(C) Not later than 30 days after the date on which the 
     Attorney General receives supplemental information requested 
     under subparagraph (A)(ii) with respect to an application, 
     the Attorney General shall approve or deny the application.
       ``(2) If an application described in this subsection is 
     denied, the Attorney General shall provide a written 
     explanation of the basis of denial to the applicant.'';
       (3) in subsection (h)(2), as so redesignated, by striking 
     ``subsection (f)'' each place it appears and inserting 
     ``subsection (g)'';
       (4) in subsection (j)(1), as so redesignated, by striking 
     ``subsection (d)'' and inserting ``subsection (e)''; and
       (5) in subsection (k), as so redesignated, by striking 
     ``subsection (f)'' each place it appears and inserting 
     ``subsection (g)''.
       (b) Technical and Conforming Amendments.--
       (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) 
     is amended--
       (A) in section 102 (21 U.S.C. 802)--
       (i) in paragraph (16)(B)--

       (I) in clause (i), by striking ``or'' at the end;
       (II) by redesignating clause (ii) as (iii); and
       (III) by inserting after clause (i) the following:

       ``(ii) the synthetic equivalent of hemp-derived cannabidiol 
     that contains less than 0.3 percent tetrahydrocannabinol; 
     or'';
       (ii) in paragraph (52)(B)--

       (I) by striking ``303(f)'' each place it appears and 
     inserting ``303(g)''; and
       (II) in clause (i), by striking ``(d), or (e)'' and 
     inserting ``(e), or (f)''; and

       (iii) in paragraph (54), by striking ``303(f)'' each place 
     it appears and inserting ``303(g)'';
       (B) in section 304 (21 U.S.C. 824), by striking 
     ``303(g)(1)'' each place it appears and inserting 
     ``303(h)(1)'';
       (C) in section 307(d)(2) (21 U.S.C. 827(d)(2)), by striking 
     ``303(f)'' and inserting ``303(g)'';
       (D) in section 311(h) (21 U.S.C. 831(h)), by striking 
     ``303(f)'' each place it appears and inserting ``303(g)'';
       (E) in section 401(h)(2) (21 U.S.C. 841(h)(2)), by striking 
     ``303(f)'' each place it appears and inserting ``303(g)'';
       (F) in section 403(c)(2)(B) (21 U.S.C. 843(c)(2)(B)), by 
     striking ``303(f)'' and inserting ``303(g)''; and
       (G) in section 512(c)(1) (21 U.S.C. 882(c)(1)) by striking 
     ``303(f)'' and inserting ``303(g)''.
       (2) Section 1008(c) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 958(c)) is amended--
       (A) in paragraph (1), by striking ``303(d)'' and inserting 
     ``303(e)''; and
       (B) in paragraph (2)(B), by striking ``303(h)'' and 
     inserting ``303(i)''.
       (3) Title V of the Public Health Service Act (42 U.S.C. 
     290aa et seq.) is amended--
       (A) in section 520E-4(c) (42 U.S.C. 290bb-36d(c)), by 
     striking ``303(g)(2)(B)'' and inserting ``303(h)(2)(B)''; and
       (B) in section 544(a)(3) (42 U.S.C. 290dd-3(a)(3)), by 
     striking ``303(g)'' and inserting ``303(h)''.

     SEC. __14. ADEQUATE AND UNINTERRUPTED SUPPLY.

       On an annual basis, the Attorney General shall assess 
     whether there is an adequate and uninterrupted supply of 
     marihuana, including of specific strains, for research 
     purposes.

     SEC. __15. SECURITY REQUIREMENTS.

       (a) In General.--An individual or entity engaged in 
     researching marihuana or its components shall store it in a 
     securely locked, substantially constructed cabinet.
       (b) Requirements for Other Measures.--Any other security 
     measures required by the Attorney General to safeguard 
     against diversion shall be consistent with those required for 
     practitioners conducting research on other controlled 
     substances in schedules I and II in section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) that have a 
     similar risk of diversion and abuse.

     SEC. __16. PROHIBITION AGAINST REINSTATING INTERDISCIPLINARY 
                   REVIEW PROCESS FOR NON-NIH FUNDED RESEARCHERS.

       The Secretary of Health and Human Services may not--
       (1) reinstate the Public Health Service interdisciplinary 
     review process described in the guidance entitled ``Guidance 
     on Procedures for the Provision of Marijuana for Medical 
     Research'' (issued on May 21, 1999); or
       (2) require another review of scientific protocols that is 
     applicable only to research on marihuana or its components.

  Subtitle B--Development of FDA-approved Drugs Using Cannabidiol and 
                               Marihuana

     SEC. __21. MEDICAL RESEARCH ON CANNABIDIOL.

       Notwithstanding any provision of the Controlled Substances 
     Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools 
     and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of 
     title 41, United States Code, or any other Federal law, an 
     appropriately registered covered institution of higher 
     education, a practitioner, or a manufacturer may manufacture, 
     distribute, dispense, or possess marihuana or cannabidiol if 
     the marihuana or cannabidiol is manufactured, distributed, 
     dispensed, or possessed, respectively, for purposes of 
     medical research for drug development or subsequent 
     commercial production in accordance with section __22.

     SEC. __22. REGISTRATION FOR THE COMMERCIAL PRODUCTION AND 
                   DISTRIBUTION OF FOOD AND DRUG ADMINISTRATION 
                   APPROVED DRUGS.

       The Attorney General shall register an applicant to 
     manufacture or distribute cannabidiol or marihuana for the 
     purpose of commercial production of a drug containing or 
     derived from marihuana that is approved by the Secretary of 
     Health and Human Services under section 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance 
     with the applicable requirements under subsection (a) or (b) 
     of section 303 of the Controlled Substances Act (21 U.S.C. 
     823).

     SEC. __23. IMPORTATION OF CANNABIDIOL FOR RESEARCH PURPOSES.

       The Controlled Substances Import and Export Act (21 U.S.C. 
     951 et seq.) is amended--
       (1) in section 1002(a) (21 U.S.C. 952(a))--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2)(C), by inserting ``and'' after 
     ``uses,''; and
       (C) inserting before the undesignated matter following 
     paragraph (2)(C) the following:
       ``(3) such amounts of marihuana or cannabidiol (as defined 
     in section __02 of the Cannabidiol and Marihuana Research 
     Expansion Act) as are--
       ``(A) approved for medical research for drug development 
     (as such terms are defined in section __02 of the Cannabidiol 
     and Marihuana Research Expansion Act), or
       ``(B) necessary for registered manufacturers to manufacture 
     drugs containing marihuana or cannabidiol that have been 
     approved for use by the Commissioner of Food and Drugs under 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.),''; and
       (2) in section 1007 (21 U.S.C. 957), by amending subsection 
     (a) to read as follows:
       ``(a)(1) Except as provided in paragraph (2), no person 
     may--
       ``(A) import into the customs territory of the United 
     States from any place outside thereof (but within the United 
     States), or import into the United States from any place 
     outside thereof, any controlled substance or list I chemical, 
     or
       ``(B) export from the United States any controlled 
     substance or list I chemical,
     unless there is in effect with respect to such person a 
     registration issued by the Attorney General under section 
     1008, or unless such person is exempt from registration under 
     subsection (b).
       ``(2) Paragraph (1) shall not apply to the import or export 
     of marihuana or cannabidiol (as defined in section __02 of 
     the Cannabidiol and Marihuana Research Expansion Act) that 
     has been approved for--
       ``(A) medical research for drug development authorized 
     under section __21 of the Cannabidiol and Marihuana Research 
     Expansion Act; or
       ``(B) use by registered manufacturers to manufacture drugs 
     containing marihuana or cannabidiol that have been approved 
     for use by the Commissioner of Food and Drugs under the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.).''.

                Subtitle C--Doctor-patient Relationship

     SEC. __31. DOCTOR-PATIENT RELATIONSHIP.

       It shall not be a violation of the Controlled Substances 
     Act (21 U.S.C. 801 et seq.) for a State-licensed physician to 
     discuss--
       (1) the currently known potential harms and benefits of 
     marihuana derivatives, including cannabidiol, as a treatment 
     with the legal guardian of the patient of the physician if 
     the patient is a child; or
       (2) the currently known potential harms and benefits of 
     marihuana and marihuana derivatives, including cannabidiol, 
     as a treatment with the patient or the legal guardian of the 
     patient of the physician if the patient is a legal adult.

                      Subtitle D--Federal Research

     SEC. __41. FEDERAL RESEARCH.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in coordination with the Director of the National 
     Institutes of Health and the heads of other relevant Federal 
     agencies, shall submit to the Caucus on International 
     Narcotics Control, the Committee on the Judiciary, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Energy and Commerce and the 
     Committee on the Judiciary of the House of Representatives a 
     report on--
       (1) the potential therapeutic effects of cannabidiol or 
     marihuana on serious medical conditions, including 
     intractable epilepsy;
       (2) the potential effects of marihuana, including--
       (A) the effect of increasing delta-9-tetrahydrocannabinol 
     levels on the human body and developing adolescent brains; 
     and
       (B) the effect of various delta-9-tetrahydrocannabinol 
     levels on cognitive abilities, such as those that are 
     required to operate motor vehicles or other heavy equipment; 
     and
       (3) the barriers associated with researching marihuana or 
     cannabidiol in States that have legalized the use of such 
     substances, which shall include--
       (A) recommendations as to how such barriers might be 
     overcome, including whether public-private partnerships or 
     Federal-State research partnerships may or should be 
     implemented to provide researchers with access to additional 
     strains of marihuana and cannabidiol; and
       (B) recommendations as to what safeguards must be in place 
     to verify--
       (i) the levels of tetrahydrocannabinol, cannabidiol, or 
     other cannabinoids contained

[[Page S3368]]

     in products obtained from such States is accurate; and
       (ii) that such products do not contain harmful or toxic 
     components.
       (b) Activities.--To the extent practicable, the Secretary 
     of Health and Human Services, either directly or through 
     awarding grants, contacts, or cooperative agreements, shall 
     expand and coordinate the activities of the National 
     Institutes of Health and other relevant Federal agencies to 
     better determine the effects of cannabidiol and marihuana, as 
     outlined in the report submitted under paragraphs (1) and (2) 
     of subsection (a).
                                 ______
                                 
  SA 1833. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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 IX, add the following:

     SEC. 952. LIMITATION ON CONSOLIDATION OR TRANSITION TO 
                   ALTERNATIVE CONTENT DELIVERY METHODS WITHIN THE 
                   DEFENSE MEDIA ACTIVITY.

       (a) In General.--No consolidation or transition to 
     alternative content delivery methods may occur within the 
     Defense Media Activity until 180 days after the Secretary of 
     Defense submits to the congressional defense committees the 
     report that includes a certification, in detail, that such 
     consolidation or transition to alternative content delivery 
     methods within shall not--
       (1) compromise safety and security of members of the Armed 
     Forces and their families;
       (2) compromise the cybersecurity or security of content 
     delivery to members of the Armed Forces, whether through--
       (A) inherent vulnerabilities in the content delivery method 
     concerned;
       (B) vulnerabilities in the personal devices used by 
     members; or
       (C) vulnerabilities in the receivers or streaming devices 
     necessary to accommodate the alternative content delivery 
     method;
       (3) increase monetary costs or personal financial 
     liabilities to members of the Armed Forces or their families, 
     whether through monthly subscription fees or other tolls 
     required to access digital content; and
       (4) impede access to content due to bandwidth or other 
     technical limitations where members of the Armed Forces 
     receive content.
       (b) Definitions.--In this section:
       (1) Alternative content delivery.--The term ``alternative 
     content delivery'' means any method of the Defense Media 
     Activity for the delivery of digital content that is 
     different from a method used by the Activity at a cost as of 
     the date of the enactment of this Act.
       (2) Consolidation.--The term ``consolidation'', in the case 
     of the Defense Media Activity, means any action to reduce or 
     limit the functions, personnel, facilities, or capabilities 
     of the Activity, including entering into contracts or 
     developing plans for such reduction or limitation.
                                 ______
                                 
  SA 1834. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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. __. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA.

       (a) Definitions.--In this section:
       (1) County.--The term ``County'' means the County of San 
     Bernardino, California.
       (2) Federal land.--The term ``Federal land'' means the 
     approximately 73 acres of Federal land generally depicted as 
     ``Federal Land Proposed for Exchange'' on the map entitled 
     ``Big Bear Land Exchange'' and dated August 6, 2018.
       (3) Non-federal land.--The term ``non-Federal land'' means 
     the approximately 71 acres of land owned by the County 
     generally depicted as ``Non-Federal Land Proposed for 
     Exchange'' on the map referred to in paragraph (2).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Exchange Authorized.--Subject to valid existing rights 
     and this section, not later than 1 year after the date on 
     which the portion of the Pacific Crest National Scenic Trail 
     is relocated in accordance with subsection (i), if the County 
     offers to convey the non-Federal land to the United States, 
     the Secretary shall--
       (1) convey to the County all right, title, and interest of 
     the United States in and to the Federal land; and
       (2) accept from the County a conveyance of all right, 
     title, and interest of the County in and to the non-Federal 
     land.
       (c) Equal Value and Cash Equalization.--
       (1) Equal value exchange.--
       (A) In general.--The land exchange under this section shall 
     be for equal value, or the values of the land exchanged under 
     this section shall be equalized by--
       (i) a cash payment in accordance with this subsection; or
       (ii) an adjustment in acreage.
       (B) Gift.--At the option of the County, any amount by which 
     the value of the non-Federal land exceeds the value of the 
     Federal land may be considered a gift to the United States.
       (2) Cash equalization payment.--The County may equalize the 
     values of the land to be exchanged under this section by cash 
     payment without regard to any statutory limitation on the 
     amount of such a cash equalization payment.
       (3) Deposit and use of funds received from county.--Any 
     cash equalization payment received by the Secretary under 
     this subsection shall--
       (A) be deposited in the fund established under Public Law 
     90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); 
     and
       (B) remain available to the Secretary, until expended, for 
     the acquisition of land, water, and interests in land for the 
     San Bernardino National Forest.
       (d) Appraisal.--The Secretary shall complete an appraisal 
     of the land to be exchanged under this section in accordance 
     with--
       (1) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (2) the Uniform Standards of Professional Appraisal 
     Practice.
       (e) Title Approval.--Title to the land to be exchanged 
     under this section shall be in a format acceptable to the 
     Secretary and the County.
       (f) Survey of Non-Federal Land.--Before completing the 
     exchange under this section, the Secretary shall inspect the 
     non-Federal land to ensure that the land meets Federal 
     standards, including with respect to hazardous materials and 
     land line surveys.
       (g) Costs of Conveyance.--As a condition of the conveyance 
     of the Federal land under this section, any costs related to 
     the exchange under this section shall be paid by the County.
       (h) Management of Acquired Lands.--The Secretary shall 
     manage the non-Federal land acquired under this section in 
     accordance with--
       (1) the Act of March 1, 1911 (commonly known as the ``Weeks 
     Law'') (36 Stat. 961, chapter 186; 16 U.S.C. 552 et seq.); 
     and
       (2) other laws and regulations applicable to National 
     Forest System land.
       (i) Pacific Crest National Scenic Trail Relocation.--Not 
     later than 3 years after the date of enactment of this Act, 
     the Secretary, in accordance with applicable laws, shall 
     relocate the portion of the Pacific Crest National Scenic 
     Trail located on the Federal land--
       (1) to adjacent National Forest System land;
       (2) to land owned by the County, subject to County 
     approval;
       (3) to land within the Federal land, subject to County 
     approval; or
       (4) in a manner that combines 2 or more of the options 
     described in paragraphs (1), (2), and (3).
       (j) Map and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal descriptions of all land to be conveyed under this 
     section.
       (2) Corrections.--The Secretary may correct any minor 
     errors in the map or in the legal descriptions prepared under 
     paragraph (1).
       (3) Public availability.--The map and legal descriptions 
     prepared under paragraph (1) shall be on file and available 
     for public inspection in appropriate offices of the Forest 
     Service.
                                 ______
                                 
  SA 1835. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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:

     SEC. 1__. LAND CONVEYANCE, OVER-THE-HORIZON BACKSCATTER RADAR 
                   SYSTEM RECEIVING STATION, MODOC COUNTY, 
                   CALIFORNIA.

       (a) Conveyance Required.--Subject to subsections (c), (d), 
     and (e), the Secretary of Agriculture (referred to in this 
     section as the ``Secretary'') shall offer to convey to Modoc 
     County, California (referred to in this section as the 
     ``County''), all right, title, and interest of the United 
     States in and to a parcel of National Forest System land, 
     including improvements thereon, consisting of approximately 
     927 acres in Modoc National Forest in the State of California 
     and containing an obsolete Over-the-Horizon Backscatter Radar 
     System receiving station established on the parcel pursuant 
     to a memorandum of agreement between the Department of the 
     Air Force and the Forest Service dated May 18 and 23, 1987.
       (b) Purposes of Conveyance.--The purposes of the conveyance 
     under subsection (a) are to preserve and utilize the 
     improvements constructed on the parcel of National Forest 
     System land described in that subsection and

[[Page S3369]]

     to permit the County to use the conveyed property, including 
     improvements thereon, for the development of renewable 
     energy, including solar and biomass cogeneration.
       (c) Consideration.--As consideration for the conveyance 
     under subsection (a), the County shall provide the United 
     States with consideration in an amount that is acceptable to 
     the Secretary, whether by cash payment, in-kind 
     consideration, or a combination thereof.
       (d) Appraisal.--
       (1) Appraisal required.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall conduct an 
     appraisal to determine the fair market value of the National 
     Forest System land to be conveyed under subsection (a).
       (2) Standards.--The appraisal under paragraph (1) shall be 
     conducted in accordance with--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisition; and
       (B) the Uniform Standards of Professional Appraisal 
     Practice.
       (e) Reservation of Easement Related to Continued Use of 
     Water Wells.--The conveyance required by subsection (a) shall 
     be conditioned on the reservation of an easement by the 
     Secretary, subject to such terms and conditions as the 
     Secretary determines to be appropriate, necessary to provide 
     access for use authorized by the Secretary of the 4 water 
     wells in existence on the date of enactment of this Act and 
     associated water conveyance infrastructure on the parcel of 
     National Forest System land to be conveyed.
       (f) Payment of Costs of Conveyance.--
       (1) Payment required.--
       (A) In general.--As a condition on the conveyance required 
     by subsection (a), the Secretary shall require the County to 
     cover costs (except costs for environmental remediation of 
     the property) to be incurred by the Secretary, or to 
     reimburse the Secretary for those costs incurred by the 
     Secretary, to carry out the conveyance, including--
       (i) survey costs;
       (ii) costs for environmental documentation; and
       (iii) any other administrative costs related to the 
     conveyance.
       (B) Refund.--If the Secretary collects amounts from the 
     County in advance of the Secretary incurring the actual costs 
     described in subparagraph (A), and the amount collected 
     exceeds the costs actually incurred by the Secretary to carry 
     out the conveyance, the Secretary shall refund the excess 
     amount to the County.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be--
       (A) credited to the fund or account that was used to cover 
     the costs described in that paragraph incurred by the 
     Secretary in carrying out the conveyance;
       (B) merged with amounts in the fund or account described in 
     subparagraph (A); and
       (C) available for the same purposes, and subject to the 
     same conditions and limitations, as amounts in the fund or 
     account described in subparagraph (A).
       (g) Environmental Remediation.--
       (1) In general.--To expedite the conveyance of the parcel 
     of National Forest System land described in subsection (a), 
     including improvements thereon, environmental remediation of 
     the land by the Department of the Air Force shall be limited 
     to--
       (A) the removal of the perimeter wooden fence, which was 
     treated with an arsenic-based weatherproof coating; and
       (B) treatment of soil affected by leaching of the chemical 
     described in subparagraph (A).
       (2) Potential future environmental remediation 
     responsibilities.--Notwithstanding the conveyance of the 
     parcel of National Forest System land described in subsection 
     (a), the Secretary of the Air Force shall be responsible for 
     the remediation of any environmental contamination that is--
       (A) discovered after that conveyance; and
       (B) attributed to Air Force occupancy of and operations on 
     the parcel before that conveyance.
       (h) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary.
       (i) Compliance With Environmental Laws.--Nothing in this 
     section affects or limits the application of or obligation to 
     comply with any environmental law, including--
       (1) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
       (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
                                 ______
                                 
  SA 1836. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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 X, add the following:

     SEC. 10___. PROHIBITED USES OF ACQUIRED, DONATED, AND 
                   CONSERVATION LAND.

       Section 714(a) of the California Desert Protection Act of 
     1994 (16 U.S.C. 410aaa-81c(a)) is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) Conservation land.--The term `conservation land' 
     means--
       ``(A) any land within the Conservation Area that is 
     designated to satisfy the conditions of a Federal habitat 
     conservation plan, general conservation plan, or State 
     natural communities conservation plan;
       ``(B) any national conservation land within the 
     Conservation Area established pursuant to section 
     2002(b)(2)(D) of the Omnibus Public Land Management Act of 
     2009 (16 U.S.C. 7202(b)(2)(D)); and
       ``(C) any area of critical environmental concern within the 
     Conservation Area established pursuant to section 202(c)(3) 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712(c)(3)).''.
                                 ______
                                 
  SA 1837. Ms. COLLINS (for herself and Mr. Heinrich) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 3__. BETTER ENERGY STORAGE TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Energy storage system.--The term ``energy storage 
     system'' means any system, equipment, facility, or technology 
     that--
       (A) is capable of absorbing or converting energy, storing 
     the energy for a period of time, and dispatching the energy; 
     and
       (B)(i) uses mechanical, electrochemical, thermal, 
     electrolysis, or other processes to convert and store 
     electric energy that was generated at an earlier time for use 
     at a later time; or
       (ii) stores energy in an electric, thermal, or gaseous 
     state for direct use for heating or cooling at a later time 
     in a manner that avoids the need to use electricity or other 
     fuel sources at that later time, such as a grid-enabled water 
     heater.
       (3) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Energy Storage System Research, Development, and 
     Deployment Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     program, to be known as the ``Energy Storage System Research, 
     Development, and Deployment Program'' (referred to in this 
     subsection as the ``program'').
       (2) Initial program objectives.--The program shall focus on 
     research, development, and deployment of--
       (A) energy storage systems designed to further the 
     development of technologies--
       (i) for large-scale commercial deployment;
       (ii) for deployment at cost targets established by the 
     Secretary;
       (iii) for hourly and subhourly durations required to 
     provide reliability services to the grid;
       (iv) for daily durations, which have--

       (I) the capacity to discharge energy for a minimum of 6 
     hours; and
       (II) a system lifetime of at least 20 years under regular 
     operation;

       (v) for weekly or monthly durations, which have--

       (I) the capacity to discharge energy for 10 to 100 hours, 
     at a minimum; and
       (II) a system lifetime of at least 20 years under regular 
     operation; and

       (vi) for seasonal durations, which have--

       (I) the capability to address seasonal variations in supply 
     and demand; and
       (II) a system lifetime of at least 20 years under regular 
     operation;

       (B) distributed energy storage technologies and 
     applications, including building-grid integration;
       (C) transportation energy storage technologies and 
     applications, including vehicle-grid integration;
       (D) cost-effective systems and methods for--
       (i) the reclamation, recycling, and disposal of energy 
     storage materials, including lithium, cobalt, nickel, and 
     graphite; and
       (ii) the reuse and repurposing of energy storage system 
     technologies;
       (E) advanced control methods for energy storage systems;
       (F) pumped hydroelectric energy storage systems to 
     advance--
       (i) adoption of innovative technologies, including--

       (I) adjustable-speed, ternary, and other new pumping and 
     generating equipment designs;
       (II) modular systems;
       (III) closed-loop systems, including mines and quarries; 
     and
       (IV) other critical equipment and materials for pumped 
     hydroelectric energy storage, as determined by the Secretary; 
     and

       (ii) reductions of equipment costs, civil works costs, and 
     construction times for pumped hydroelectric energy storage

[[Page S3370]]

     projects, with the goal of reducing those costs by 50 
     percent;
       (G) models and tools to demonstrate the benefits of energy 
     storage to--
       (i) power and water supply systems;
       (ii) electric generation portfolio optimization; and
       (iii) expanded deployment of other renewable energy 
     technologies, including in hybrid energy storage systems; and
       (H) energy storage use cases from individual and 
     combination technology applications, including value from 
     various-use cases and energy storage services.
       (3) Testing and validation.--In coordination with 1 or more 
     National Laboratories, the Secretary shall accelerate the 
     development, standardized testing, and validation of energy 
     storage systems under the program by developing testing and 
     evaluation methodologies for--
       (A) storage technologies, controls, and power electronics 
     for energy storage systems under a variety of operating 
     conditions;
       (B) standardized and grid performance testing for energy 
     storage systems, materials, and technologies during each 
     stage of development, beginning with the research stage and 
     ending with the deployment stage;
       (C) reliability, safety, and durability testing under 
     standard and evolving duty cycles; and
       (D) accelerated life testing protocols to predict estimated 
     lifetime metrics with accuracy.
       (4) Periodic evaluation of program objectives.--Not less 
     frequently than once every calendar year, the Secretary shall 
     evaluate and, if necessary, update the program objectives to 
     ensure that the program continues to advance energy storage 
     systems toward widespread commercial deployment by lowering 
     the costs and increasing the duration of energy storage 
     resources.
       (5) Energy storage strategic plan.--
       (A) In general.--The Secretary shall develop a 10-year 
     strategic plan for the program, and update the plan, in 
     accordance with this paragraph.
       (B) Contents.--The strategic plan developed under 
     subparagraph (A) shall--
       (i) be coordinated with and integrated across other 
     relevant offices in the Department;
       (ii) to the extent practicable, include metrics that can be 
     used to evaluate storage technologies;
       (iii) identify Department programs that--

       (I) support the research and development activities 
     described in paragraph (2) and the demonstration projects 
     under subsection (c); and
       (II)(aa) do not support the activities or projects 
     described in subclause (I); but
       (bb) are important to the development of energy storage 
     systems and the mission of the Department, as determined by 
     the Secretary;

       (iv) include expected timelines for--

       (I) the accomplishment of relevant objectives under current 
     programs of the Department relating to energy storage 
     systems; and
       (II) the commencement of any new initiatives within the 
     Department relating to energy storage systems to accomplish 
     those objectives; and

       (v) incorporate relevant activities described in the Grid 
     Modernization Initiative Multi-Year Program Plan.
       (C) Submission to congress.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committees on Energy and Commerce and Science, 
     Space, and Technology of the House of Representatives the 
     strategic plan developed under subparagraph (A).
       (D) Updates to plan.--The Secretary--
       (i) shall annually review the strategic plan developed 
     under subparagraph (A); and
       (ii) may periodically revise the strategic plan as 
     appropriate.
       (6) Leveraging of resources.--The program may be led by a 
     specific office of the Department, but shall be cross-cutting 
     in nature, so that in carrying out activities under the 
     program, the Secretary (or a designee of the Secretary 
     charged with leading the program) shall leverage existing 
     Federal resources, including, at a minimum, the expertise and 
     resources of--
       (A) the Office of Electricity Delivery and Energy 
     Reliability;
       (B) the Office of Energy Efficiency and Renewable Energy, 
     including the Water Power Technologies Office; and
       (C) the Office of Science, including--
       (i) the Basic Energy Sciences Program;
       (ii) the Advanced Scientific Computing Research Program;
       (iii) the Biological and Environmental Research Program; 
     and
       (D) the Electricity Storage Research Initiative established 
     under section 975 of the Energy Policy Act of 2005 (42 U.S.C. 
     16315).
       (7) Protecting privacy and security.--In carrying out this 
     subsection, the Secretary shall identify, incorporate, and 
     follow best practices for protecting the privacy of 
     individuals and businesses and the respective sensitive data 
     of the individuals and businesses, including by managing 
     privacy risk and implementing the Fair Information Practice 
     Principles of the Federal Trade Commission for the 
     collection, use, disclosure, and retention of individual 
     electric consumer information in accordance with the Office 
     of Management and Budget Circular A-130 (or successor 
     circulars).
       (c) Energy Storage Demonstration Projects; Pilot Grant 
     Program.--
       (1) Demonstration projects.--Not later than September 30, 
     2023, the Secretary shall, to the maximum extent practicable, 
     enter into agreements to carry out not fewer than 5 energy 
     storage system demonstration projects, including at least 1 
     energy storage system demonstration project designed to 
     further the development of technologies described in clause 
     (v) or (vi) of subsection (b)(2)(A).
       (2) Energy storage pilot grant program.--
       (A) Definition of eligible entity.--In this paragraph, the 
     term ``eligible entity'' means--
       (i) a State energy office (as defined in section 124(a) of 
     the Energy Policy Act of 2005 (42 U.S.C. 15821(a)));
       (ii) an Indian tribe (as defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103);
       (iii) a tribal organization (as defined in section 3765 of 
     title 38, United States Code);
       (iv) an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001));
       (v) an electric utility, including--

       (I) an electric cooperative;
       (II) a political subdivision of a State, such as a 
     municipally owned electric utility, or any agency, authority, 
     corporation, or instrumentality of a State political 
     subdivision; and
       (III) an investor-owned utility; and

       (vi) a private energy storage company.
       (B) Establishment.--The Secretary shall establish a 
     competitive grant program under which the Secretary shall 
     award grants to eligible entities to carry out demonstration 
     projects for pilot energy storage systems.
       (C) Selection requirements.--In selecting eligible entities 
     to receive a grant under subparagraph (B), the Secretary 
     shall, to the maximum extent practicable--
       (i) ensure regional diversity among eligible entities 
     awarded grants, including ensuring participation of eligible 
     entities that are rural States and States with high energy 
     costs;
       (ii) ensure that grants are awarded for demonstration 
     projects that--

       (I) expand on the existing technology demonstration 
     programs of the Department;
       (II) are designed to achieve 1 or more of the objectives 
     described in subparagraph (D); and
       (III) inject or withdraw energy from the bulk power system, 
     electric distribution system, building energy system, or 
     microgrid (grid-connected or islanded mode) where the project 
     is located; and

       (iii) give consideration to proposals from eligible 
     entities for securing energy storage through competitive 
     procurement or contract for service.
       (D) Objectives.--Each demonstration project carried out by 
     a grant awarded under subparagraph (B) shall have 1 or more 
     of the following objectives:
       (i) To improve the security of critical infrastructure and 
     emergency response systems.
       (ii) To improve the reliability of transmission and 
     distribution systems, particularly in rural areas, including 
     high-energy-cost rural areas.
       (iii) To optimize transmission or distribution system 
     operation and power quality to defer or avoid costs of 
     replacing or upgrading electric grid infrastructure, 
     including transformers and substations.
       (iv) To supply energy at peak periods of demand on the 
     electric grid or during periods of significant variation of 
     electric grid supply.
       (v) To reduce peak loads of homes and businesses.
       (vi) To improve and advance power conversion systems.
       (vii) To provide ancillary services for grid stability and 
     management.
       (viii) To integrate renewable energy resource production.
       (ix) To increase the feasibility of microgrids (grid-
     connected or islanded mode).
       (x) To enable the use of stored energy in forms other than 
     electricity to support the natural gas system and other 
     industrial processes.
       (xi) To integrate fast charging of electric vehicles.
       (xii) To improve energy efficiency.
       (3) Reports.--Not less frequently than once every 2 years 
     for the duration of the programs under paragraphs (1) and 
     (2), the Secretary shall submit to Congress and make publicly 
     available a report describing the performance of those 
     programs.
       (4) No project ownership interest.--The Federal Government 
     shall not hold any equity or other ownership interest in any 
     energy storage system that is part of a project under this 
     subsection unless the holding is agreed to by each 
     participant of the project.
       (d) Technical and Planning Assistance Program.--
       (1) Definitions.--In this subsection:
       (A) Eligible entity.--The term ``eligible entity'' means--
       (i) an electric cooperative;
       (ii) a political subdivision of a State, such as a 
     municipally owned electric utility, or any agency, authority, 
     corporation, or instrumentality of a State political 
     subdivision;
       (iii) a not-for-profit entity that is in a partnership with 
     not less than 6 entities described in clause (i) or (ii); and

[[Page S3371]]

       (iv) an investor-owned utility.
       (B) Program.--The term ``program'' means the technical and 
     planning assistance program established under paragraph 
     (2)(A).
       (2) Establishment.--
       (A) In general.--The Secretary shall establish a technical 
     and planning assistance program to assist eligible entities 
     in identifying, evaluating, planning, designing, and 
     developing processes to procure energy storage systems.
       (B) Assistance and grants.--Under the program, the 
     Secretary shall--
       (i) provide technical and planning assistance, including 
     disseminating information, directly to eligible entities; and
       (ii) award grants to eligible entities to contract to 
     obtain technical and planning assistance from outside 
     experts.
       (C) Focus.--In carrying out the program, the Secretary 
     shall focus on energy storage system projects that have the 
     greatest potential for--
       (i) strengthening the reliability and resiliency of energy 
     infrastructure;
       (ii) reducing the cost of energy storage systems;
       (iii) improving the feasibility of microgrids (grid-
     connected or islanded mode), particularly in rural areas, 
     including high energy cost rural areas;
       (iv) reducing consumer electricity costs; or
       (v) maximizing local job creation.
       (3) Technical and planning assistance.--
       (A) In general.--Technical and planning assistance provided 
     under the program shall include assistance with 1 or more of 
     the following activities relating to energy storage systems:
       (i) Identification of opportunities to use energy storage 
     systems.
       (ii) Feasibility studies to assess the potential for 
     development of new energy storage systems or improvement of 
     existing energy storage systems.
       (iii) Assessment of technical and economic characteristics, 
     including a cost-benefit analysis.
       (iv) Utility interconnection.
       (v) Permitting and siting issues.
       (vi) Business planning and financial analysis.
       (vii) Engineering design.
       (viii) Resource adequacy planning.
       (ix) Resilience planning and valuation.
       (B) Exclusion.--Technical and planning assistance provided 
     under the program shall not be used to pay any person for 
     influencing or attempting to influence an officer or employee 
     of any Federal, State, or local agency, a Member of Congress, 
     an employee of a Member of Congress, a State or local 
     legislative body, or an employee of a State or local 
     legislative body.
       (4) Information dissemination.--The information 
     disseminated under paragraph (2)(B)(i) shall include--
       (A) information relating to the topics described in 
     paragraph (3)(A), including case studies of successful 
     examples;
       (B) computational tools or software for assessment, design, 
     and operation and maintenance of energy storage systems;
       (C) public databases that track existing and planned energy 
     storage systems;
       (D) best practices for the utility and grid operator 
     business processes associated with the topics described in 
     paragraph (3)(A); and
       (E) relevant State policies or regulations associated with 
     the topics described in paragraph (3)(A).
       (5) Applications.--
       (A) In general.--The Secretary shall seek applications for 
     the program--
       (i) on a competitive, merit-reviewed basis; and
       (ii) on a periodic basis, but not less frequently than once 
     every 12 months.
       (B) Application.--An eligible entity desiring to apply for 
     the program shall submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including whether the eligible 
     entity is applying for--
       (i) direct technical or planning assistance under paragraph 
     (2)(B)(i); or
       (ii) a grant under paragraph (2)(B)(ii).
       (C) Priorities.--In selecting eligible entities for 
     technical and planning assistance under the program, the 
     Secretary shall give priority to eligible entities described 
     in clauses (i) and (ii) of paragraph (1)(A).
       (6) Reports.--The Secretary shall submit to Congress and 
     make available to the public--
       (A) not less frequently than once every 2 years, a report 
     describing the performance of the program, including a 
     synthesis and analysis of any information the Secretary 
     requires grant recipients to provide to the Secretary as a 
     condition of receiving a grant; and
       (B) on termination of the program, an assessment of the 
     success of, and education provided by, the measures carried 
     out by eligible entities under the program.
       (7) Cost-sharing.--Activities under this subsection shall 
     be subject to the cost-sharing requirements under section 988 
     of the Energy Policy Act of 2005 (42 U.S.C. 16352).
       (e) Energy Storage Materials Recycling Prize Competition.--
     Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
     16396) is amended by adding at the end the following:
       ``(g) Energy Storage Materials Recycling Prize 
     Competition.--
       ``(1) Definition of critical energy storage materials.--In 
     this subsection, the term `critical energy storage materials' 
     includes--
       ``(A) lithium;
       ``(B) cobalt;
       ``(C) nickel;
       ``(D) graphite; and
       ``(E) any other material determined by the Secretary to be 
     critical to the continued growing supply of energy storage 
     resources.
       ``(2) Prize authority.--
       ``(A) In general.--As part of the program established under 
     subsection (a), the Secretary shall establish an award 
     program, to be known as the `Energy Storage Materials 
     Recycling Prize Competition' (referred to in this subsection 
     as the `program'), under which the Secretary shall carry out 
     prize competitions and make awards to advance the recycling 
     of critical energy storage materials.
       ``(B) Frequency.--To the maximum extent practicable, the 
     Secretary shall carry out a competition under the program not 
     less frequently than once every calendar year.
       ``(3) Eligibility.--
       ``(A) In general.--To be eligible to win a prize under the 
     program, an individual or entity--
       ``(i) shall have complied with the requirements of the 
     competition as described in the announcement for that 
     competition published in the Federal Register by the 
     Secretary under paragraph (6);
       ``(ii) in the case of a private entity, shall be 
     incorporated in the United States and maintain a primary 
     place of business in the United States;
       ``(iii) in the case of an individual, whether participating 
     singly or in a group, shall be a citizen of, or an alien 
     lawfully admitted for permanent residence in, the United 
     States.
       ``(B) Exclusions.--The following entities and individuals 
     shall not be eligible to win a prize under the program:
       ``(i) A Federal entity.
       ``(ii) A Federal employee (including an employee of a 
     National Laboratory) acting within the scope of employment.
       ``(4) Awards.--In carrying out the program, the Secretary 
     shall award cash prizes, in amounts to be determined by the 
     Secretary, to each individual or entity selected through a 
     competitive process to develop advanced methods or 
     technologies to recycle critical energy storage materials 
     from energy storage systems.
       ``(5) Criteria.--
       ``(A) In general.--The Secretary shall establish objective, 
     merit-based criteria for awarding the prizes in each 
     competition carried out under the program.
       ``(B) Requirements.--The criteria established under 
     subparagraph (A) shall prioritize advancements in methods or 
     technologies that present the greatest potential for large-
     scale commercial deployment.
       ``(C) Consultation.--In establishing criteria under 
     subparagraph (A), the Secretary shall consult with 
     appropriate members of private industry involved in the 
     commercial deployment of energy storage systems.
       ``(6) Advertising and solicitation of competitors.--
       ``(A) In general.--The Secretary shall announce each prize 
     competition under the program by publishing a notice in the 
     Federal Register.
       ``(B) Requirements.--Each notice published under 
     subparagraph (A) shall describe the essential elements of the 
     competition, such as--
       ``(i) the subject of the competition;
       ``(ii) the duration of the competition;
       ``(iii) the eligibility requirements for participation in 
     the competition;
       ``(iv) the process for participants to register for the 
     competition;
       ``(v) the amount of the prize; and
       ``(vi) the criteria for awarding the prize.
       ``(7) Judges.--
       ``(A) In general.--For each prize competition under the 
     program, the Secretary shall assemble a panel of qualified 
     judges to select the winner or winners of the competition on 
     the basis of the criteria established under paragraph (5).
       ``(B) Selection.--The judges for each competition shall 
     include appropriate members of private industry involved in 
     the commercial deployment of energy storage systems.
       ``(C) Conflicts.--An individual may not serve as a judge in 
     a prize competition under the program if the individual, the 
     spouse of the individual, any child of the individual, or any 
     other member of the household of the individual--
       ``(i) has a personal or financial interest in, or is an 
     employee, officer, director, or agent of, any entity that is 
     a registered participant in the prize competition for which 
     the individual will serve as a judge; or
       ``(ii) has a familial or financial relationship with a 
     registered participant in the prize competition for which the 
     individual will serve as a judge.
       ``(8) Report to congress.--Not later than 60 days after the 
     date on which the first prize is awarded under the program, 
     and annually thereafter, the Secretary shall submit to 
     Congress a report that--
       ``(A) identifies each award recipient;
       ``(B) describes the advanced methods or technologies 
     developed by each award recipient; and
       ``(C) specifies actions being taken by the Department 
     toward commercial application of all methods or technologies 
     with respect to which a prize has been awarded under the 
     program.
       ``(9) Anti-deficiency act.--The Secretary shall carry out 
     the program in accordance with section 1341 of title 31, 
     United States Code (commonly referred to as the `Anti-
     Deficiency Act').
       ``(10) Authorization of appropriations.--There is 
     authorized to be appropriated to

[[Page S3372]]

     carry out this subsection $10,000,000 for each of fiscal 
     years 2021 through 2025, to remain available until 
     expended.''.
       (f) Regulatory Actions to Encourage Energy Storage 
     Deployment.--
       (1) Definitions.--In this subsection:
       (A) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (B) Electric storage resource.--The term ``electric storage 
     resource'' means a resource capable of receiving electric 
     energy from the grid and storing that electric energy for 
     later injection back into the grid.
       (2) Regulatory action.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall issue a 
     regulation to identify the eligibility of, and process for, 
     electric storage resources--
       (i) to receive cost recovery through Commission-regulated 
     rates for the transmission of electric energy in interstate 
     commerce; and
       (ii) that receive cost recovery under clause (i) to receive 
     compensation for other services (such as the sale of energy, 
     capacity, or ancillary services) without regard to whether 
     those services are provided concurrently with the 
     transmission service described in clause (i).
       (B) Prohibition of duplicate recovery.--Any regulation 
     issued under subparagraph (A) shall preclude the receipt of 
     unjust and unreasonable double recovery for electric storage 
     resources providing services described in clauses (i) and 
     (ii) of that subparagraph.
       (3) Electric storage resources technical conference.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall convene a 
     technical conference on the potential for electric storage 
     resources to improve the operation of electric systems.
       (B) Requirements.--The technical conference under 
     subparagraph (A) shall--
       (i) identify opportunities for further consideration of 
     electric storage resources in regional and interregional 
     transmission planning processes within the jurisdiction of 
     the Commission;
       (ii) identify all energy, capacity, and ancillary service 
     products, market designs, or rules that--

       (I) are within the jurisdiction of the Commission; and
       (II) enable and compensate for the use of electric storage 
     resources that improve the operation of electric systems;

       (iii) examine additional products, market designs, or rules 
     that would enable and compensate for the use of electric 
     storage resources for improving the operation of electric 
     systems; and
       (iv) examine the functional value of electric storage 
     resources at the transmission and distribution system 
     interface for purposes of providing electric system 
     reliability.
       (g) Coordination.--To the maximum extent practicable, the 
     Secretary shall coordinate the activities under this section 
     (including activities conducted pursuant to the amendments 
     made by this section) among the offices and employees of the 
     Department, other Federal agencies, and other relevant 
     entities--
       (1) to ensure appropriate collaboration; and
       (2) to avoid unnecessary duplication of those activities.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) to carry out subsection (b), $100,000,000 for each of 
     fiscal years 2021 through 2025, to remain available until 
     expended;
       (2) to carry out subsection (c), $100,000,000 for each of 
     fiscal years 2021 through 2025, to remain available until 
     expended; and
       (3) to carry out subsection (d), $20,000,000 for each of 
     fiscal years 2021 through 2025, to remain available until 
     expended.
                                 ______
                                 
  SA 1838. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 382. INCREASE OF AMOUNTS AVAILABLE TO MARINE CORPS FOR 
                   BASE OPERATIONS AND SUPPORT.

       (a) Increase of Base Operations and Support.--The amount 
     authorized to be appropriated for fiscal year 2021 for 
     operation and maintenance for the Marine Corps, is hereby 
     increased by $47,600,000, with the amount of the increase to 
     be available for base operations and support (SAG BSS1).
       (b) Offsets.--
       (1) Operation and maintenance.--The amount authorized to be 
     appropriated for fiscal year 2021 for operation and 
     maintenance for the Marine Corps, is hereby reduced by 
     $4,700,000, with the amount of the reduction to be derived 
     from SAG 1A1A.
       (2) Modification kit procurement.--The amount authorized to 
     be appropriated for fiscal year 2021 for procurement for the 
     Marine Corps, is hereby reduced by $3,100,000, with the 
     amount of the reduction to be derived from Line 7, 
     Modification Kits.
       (3) Direct support munition procurement.--The amount 
     authorized to be appropriated for fiscal year 2021 for 
     procurement and ammunition for the Marine Corps, is hereby 
     reduced by $39,800,000, with the amount of the reduction to 
     be derived from Line 17, Direct Support Munitions.
                                 ______
                                 
  SA 1839. Mr. INHOFE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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. ___. MODERNIZATION OF CONGRESSIONAL REPORTS PROCESS.

       (a) Increase in O&M, Defense-wide Activities.--The amount 
     authorized to be appropriated for fiscal year 2021 by section 
     301 is hereby increased by $2,000,000, with the amount of the 
     increase to be available for operation and maintenance, 
     Defense-wide activities, for SAG 4GTN Office of the Secretary 
     of Defense for modernization of the congressional reports 
     process.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2021 by section 301 is hereby decreased by 
     $2,000,000, with the amount of the decrease to be applied 
     against amounts available for operation and maintenance, 
     Army, for SAG 421 for Servicewide Transportation for 
     historical underexecution.
                                 ______
                                 
  SA 1840. Mr. INHOFE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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 VIII, insert the 
     following:

     SEC. __. WAIVERS OF CERTAIN CONDITIONS FOR PROGRESS PAYMENTS 
                   UNDER CERTAIN CONTRACTS DURING THE COVID-19 
                   NATIONAL EMERGENCY.

       During the national emergency declared under the National 
     Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
     coronavirus disease 2019 (commonly referred to as ``COVID-
     19''), the Secretary of Defense may waive section 2307(e)(2) 
     of title 10, United States Code, with respect to progress 
     payments for any undefinitized contract.
                                 ______
                                 
  SA 1841. Mr. INHOFE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of 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 723.
                                 ______
                                 
  SA 1842. Mr. INHOFE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of 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 3159.
                                 ______
                                 
  SA 1843. Mr. INHOFE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 602, strike subsection (e).
                                 ______
                                 
  SA 1844. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:


[[Page S3373]]


  

       At the title appropriate place in title X, insert the 
     following:

     SEC. __. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY 
                   OF VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL 
                   CEMETERY ADMINISTRATION.

       (a) Agreement.--Beginning on the date that is 180 days 
     after the date on which the Secretary of Veterans Affairs 
     submits the report required by subsection (c)(1), the 
     Secretary of Veterans Affairs shall seek to enter into an 
     agreement with the city of Vallejo, California, under which 
     the city of Vallejo shall transfer to the Secretary all 
     right, title, and interest in the Mare Island Naval Cemetery 
     in Vallejo, California, at no cost to the Secretary. The 
     Secretary shall seek to enter into such agreement before the 
     date that is one year after the date on which such report is 
     submitted.
       (b) Maintenance by National Cemetery Administration.--If 
     the Mare Island Naval Cemetery is transferred to the 
     Secretary of Veterans Affairs pursuant to subsection (a), the 
     National Cemetery Administration shall maintain the cemetery 
     as a national shrine.
       (c) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the feasibility and advisability 
     of exercising the authority granted by subsection (a).
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the following:
       (A) An assessment of the feasibility and advisability of 
     exercising the authority granted by subsection (a).
       (B) An estimate of the costs, including both direct and 
     indirect costs, that the Department of Veterans Affairs would 
     incur by exercising such authority.
                                 ______
                                 
  SA 1845. Mr. VAN HOLLEN (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

        DIVISION __--DETERRING FOREIGN INTERFERENCE IN ELECTIONS

     SEC. __01. SHORT TITLE.

       This division may be cited as the ``Defending Elections 
     from Threats by Establishing Redlines Act of 2020''.

     SEC. __02. DEFINITIONS.

       In this division:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, the Committee on Finance, 
     the Select Committee on Intelligence, and the Committee on 
     Rules and Administration of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, the 
     Permanent Select Committee on Intelligence, and the Committee 
     on House Administration of the House of Representatives.
       (3) Appropriate congressional committees and leadership.--
     The term ``appropriate congressional committees and 
     leadership'' means--
       (A) the appropriate congressional committees;
       (B) the majority leader and minority leader of the Senate; 
     and
       (C) the Speaker, the majority leader, and the minority 
     leader of the House of Representatives.
       (4) Election and campaign infrastructure.--The term 
     ``election and campaign infrastructure'' means information 
     and communications technology and systems used by or on 
     behalf of--
       (A) the Federal Government or a State or local government 
     in managing the election process, including voter 
     registration databases, voting machines, voting tabulation 
     equipment, equipment for the secure transmission of election 
     results, and other systems; or
       (B) a principal campaign committee or national committee 
     (as those terms are defined in section 301 of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30101)) with respect 
     to strategy or tactics affecting the conduct of a political 
     campaign, including electronic communications, and the 
     information stored on, processed by, or transiting such 
     technology and systems.
       (5) Federal election cycle.--The term ``Federal election 
     cycle'' means the period beginning on the day after the date 
     of the most recent election for members of the House of 
     Representatives and ending on the date of the next election 
     for members of the House of Representatives.
       (6) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (7) Good.--The term ``good'' means any article, natural or 
     manmade substance, material, supply or manufactured product, 
     including inspection and test equipment, and excluding 
     technical data.
       (8) Interference in united states elections.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``interference'', with respect to a United States 
     election, means any of the following actions of the 
     government of a foreign country, or any person acting as an 
     agent of or on behalf of such a government, undertaken with 
     the intent to influence the election:
       (i) Obtaining unauthorized access to election and campaign 
     infrastructure or related systems or data and releasing such 
     data or modifying such infrastructure, systems, or data.
       (ii) Unlawfully blocking or degrading otherwise legitimate 
     and authorized access to election and campaign infrastructure 
     or related systems or data.
       (iii) Significant unlawful contributions or expenditures 
     for advertising, including on the internet.
       (iv) Using social, other internet-based, or traditional 
     media to spread information to individuals in the United 
     States without disclosing that such information is being 
     disseminated by a foreign government or a foreign person 
     acting on behalf of a foreign government.
       (B) Exceptions.--
       (i) Exception for publicly identified statements.--The term 
     ``interference'', with respect to a United States election, 
     does not include--

       (I) any public statement by a foreign leader, official, or 
     government agency with respect to a candidate for office, 
     official of the United States Government, or policy of the 
     United States, if it is clear that the statement is made by 
     that foreign leader, government official, or government 
     agency and no effort has been made to conceal the individual 
     or entity making the statement; or
       (II) any other statement if a foreign government is readily 
     and publicly identifiable as the source of the statement.

       (ii) Exception for foreign government broadcasts.--The term 
     ``interference'', with respect to a United States election, 
     does not include the broadcast of views of a foreign 
     government through broadcast channels owned or controlled by 
     that government, if that ownership or control is readily and 
     publicly identifiable.
       (9) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (10) Person.--The term ``person'' means individual or 
     entity.
       (11) United states election.--The term ``United States 
     election'' means any United States Federal election.
       (12) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

   TITLE __--DETERMINATION OF FOREIGN INTERFERENCE IN UNITED STATES 
                               ELECTIONS

     SEC. __11. DETERMINATION OF FOREIGN INTERFERENCE IN UNITED 
                   STATES ELECTIONS.

       (a) In General.--Not later than 60 days after a United 
     States election, the Director of National Intelligence, in 
     consultation with the Director of the Federal Bureau of 
     Investigation, the Director of the National Security Agency, 
     the Director of the Central Intelligence Agency, the 
     Secretary of State, the Secretary of the Treasury, the 
     Attorney General, and the Secretary of Homeland Security, 
     shall--
       (1) determine with a high level of confidence whether or 
     not the government of a foreign country, or any foreign 
     person acting as an agent of or on behalf of that government, 
     knowingly engaged in interference in the election; and
       (2) submit to the appropriate congressional committees and 
     leadership a report on that determination, including, if the 
     Director determines that interference did occur--
       (A) an identification of the government or foreign person 
     that engaged in such interference; and
       (B) if the Government of the Russian Federation, or any 
     foreign person acting as an agent of or on behalf of that 
     Government, engaged in such interference, a list of any 
     senior foreign political figures or oligarchs in the Russian 
     Federation identified under section 241(a)(1)(A) of the 
     Countering Russian Influence in Europe and Eurasia Act of 
     2017 (title II of Public Law 115-44; 131 Stat. 922) who 
     directly or indirectly contributed to such interference.
       (b) Additional Reporting.--If the Director of National 
     Intelligence determines and reports under subsection (a) that 
     neither the government of a foreign country nor any foreign 
     person acting as an agent of or on behalf of that government 
     knowingly engaged in interference in a United States 
     election, and the Director subsequently determines that that 
     government, or such a foreign person, did engage in such 
     interference, the Director shall, not later than 60 days 
     after

[[Page S3374]]

     making that determination, submit to the appropriate 
     congressional committees and leadership--
       (1) a report on the subsequent determination; and
       (2) if the Director determines that the Government of the 
     Russian Federation, or any foreign person acting as an agent 
     of or on behalf of that Government, engaged in such 
     interference, a list of any senior foreign political figures 
     or oligarchs in the Russian Federation identified under 
     section 241(a)(1)(A) of the Countering Russian Influence in 
     Europe and Eurasia Act of 2017 (title II of Public Law 115-
     44; 131 Stat. 922) who directly or indirectly contributed to 
     such interference.
       (c) Form of Report.--Each report required by subsection (a) 
     or (b) shall be submitted in unclassified form but may 
     include a classified annex.

     SEC. __12. UPDATED REPORT ON OLIGARCHS AND PARASTATAL 
                   ENTITIES OF THE RUSSIAN FEDERATION.

       Section 241 of the Countering America's Adversaries Through 
     Sanctions Act (Public Law 115-44; 131 Stat. 922) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (2) by inserting after subsection (a) the following:
       ``(b) Updated Report.--Not later than one year after the 
     date of the enactment of the Defending Elections from Threats 
     by Establishing Redlines Act of 2020, and annually 
     thereafter, the Secretary of the Treasury, in consultation 
     with the Director of National Intelligence and the Secretary 
     of State, shall submit to the appropriate congressional 
     committees an updated report on oligarchs and parastatal 
     entities of the Russian Federation that builds on the report 
     submitted under subsection (a) on January 29, 2018, and that 
     includes the matters described in paragraphs (1) through (5) 
     of subsection (a).''; and
       (3) in subsection (c), as redesignated by paragraph (1), by 
     striking ``The report required under subsection (a)'' and 
     inserting ``The reports required by subsections (a) and 
     (b)''.

  TITLE ___--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY THE 
                           RUSSIAN FEDERATION

     SEC. __21. REPORT ON ESTIMATED NET WORTH OF PRESIDENT 
                   VLADIMIR PUTIN AND OTHER SENIOR FOREIGN 
                   POLITICAL FIGURES OF THE RUSSIAN FEDERATION.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     biannually thereafter, the President shall submit to the 
     appropriate congressional committees a report that contains--
       (1) the estimated total net worth of each individual 
     described in subsection (b); and
       (2) a description of how the funds of each such individual 
     were acquired and how such funds have been used or employed.
       (b) Individuals Described.--The individuals described in 
     this subsection are the following:
       (1) President Vladimir Putin.
       (2) Any other senior foreign political figure of the 
     Russian Federation identified in the report under subsection 
     (a)(1)(A) of section 241 of the Countering Russian Influence 
     in Europe and Eurasia Act of 2017 (title II of Public Law 
     115-44; 131 Stat. 922), or any update to that report under 
     subsection (b) of such section, as added by [section __12].
       (c) Form of Report; Public Availability.--
       (1) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may contain a 
     classified annex.
       (2) Public availability.--The unclassified portion of the 
     report required under subsection (a) shall be made available 
     to the public in precompressed, easily downloadable versions 
     that are made available in all appropriate formats.
       (d) Sources of Information.--In preparing the report 
     required under subsection (a), the President may use any 
     credible publication, database, or web-based resource, and 
     any credible information compiled by any government agency, 
     nongovernmental organization, or other entity provided to or 
     made available to the President.
       (e) Funds Defined.--In this section, the term ``funds'' 
     means--
       (1) cash;
       (2) equity;
       (3) any other intangible asset the value of which is 
     derived from a contractual claim, including bank deposits, 
     bonds, stocks, a security (as defined in section 2(a) of the 
     Securities Act of 1933 (15 U.S.C. 77b(a))), or a security or 
     an equity security (as those terms are defined in section 
     3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c(a))); and
       (4) anything else of value that the Secretary of the 
     Treasury determines to be appropriate.

     SEC. __22. IMPOSITION OF SANCTIONS.

       (a) In General.--If the Director of National Intelligence 
     determines under [section __11] that the Government of the 
     Russian Federation, or any foreign person acting as an agent 
     of or on behalf of that Government, knowingly engaged in 
     interference in a United States election, the President 
     shall, not later than 30 days after such determination is 
     made, impose the following sanctions:
       (1) Blocking the assets of certain state-owned russian 
     financial institutions and restricting accounts.--
       (A) In general.--The Secretary of the Treasury shall impose 
     one or more of the following sanctions on 2 or more entities 
     specified in subparagraph (B):
       (i) Pursuant to the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.), blocking and prohibiting all 
     transactions in all property and interests in property of the 
     entity if such property and interests in property are in the 
     United States, come within the United States, or are or come 
     within the possession or control of a United States person.
       (ii) Prohibiting, or imposing strict conditions on, the 
     opening or maintaining in the United States of a 
     correspondent account or payable-through account by the 
     entity.
       (B) Entities specified.--The entities specified in this 
     subparagraph are the following:
       (i) Sberbank.
       (ii) VTB Bank.
       (iii) Gazprombank.
       (iv) Vnesheconombank.
       (v) Rosselkhozbank.
       (2) Prohibition on new investments in energy sector of 
     russia.--
       (A) Prohibition.--The President shall prohibit any new 
     investment made in the United States or by a United States 
     person in the energy sector of the Russian Federation or an 
     energy company of the Russian Federation.
       (B) Sanctions.--The President shall, pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), block and prohibit all transactions in all property 
     and interests in property of any foreign person that makes a 
     new investment in the energy sector of the Russian Federation 
     or an energy company of the Russian Federation if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (C) New investment defined.--Not later than 60 days after 
     the date of the enactment of this Act, the President shall 
     prescribe regulations to define, for purposes of this 
     paragraph, the term ``new investment'' in a manner that--
       (i) includes significant upgrades or expansions to projects 
     and construction underway as of the date of the enactment of 
     this Act; and
       (ii) does not include routine maintenance of such projects 
     and construction.
       (3) Blocking the assets of entities in russian defense and 
     intelligence sectors.--
       (A) In general.--The Secretary of the Treasury shall, 
     pursuant to the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.), block and prohibit all transactions 
     in all property and interests in property of any entity 
     described in subparagraph (B) if such property and interests 
     in property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (B) Entities described.--An entity described in this 
     subparagraph is--
       (i) an entity that the President determines pursuant to 
     section 231 of the Countering Russian Influence in Europe and 
     Eurasia Act of 2017 (22 U.S.C. 9525) is part of, or operates 
     for or on behalf of, the defense or intelligence sectors of 
     the Government of the Russian Federation; or
       (ii) an entity in which an entity described in clause (i) 
     has an ownership interest of 50 percent or more.
       (4) Prohibition on transactions involving certain russian 
     debt.--The Secretary of the Treasury shall, pursuant to such 
     regulations as the Secretary may prescribe, prohibit all 
     transactions within the United States or by a United States 
     person, in--
       (A) sovereign debt of the Government of the Russian 
     Federation issued on or after the date of the enactment of 
     this Act, including governmental bonds; and
       (B) debt of any entity owned or controlled by the Russian 
     Federation issued on or after such date of enactment, 
     including bonds.
       (5) Blocking the assets of senior political figures and 
     oligarchs and exclusion from the united states.--
       (A) In general.--The President shall impose with respect to 
     any senior foreign political figure or oligarch in the 
     Russian Federation identified under subsection (a)(2)(B) or 
     (b)(2) of [section __11] the following sanctions:
       (i) Pursuant to the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.), the President shall block and 
     prohibit all transactions in all property and interests in 
     property of the individual if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (ii) The President shall deny a visa to, and exclude from 
     the United States, the individual, and revoke in accordance 
     with section 221(i) of the Immigration and Nationality Act (8 
     U.S.C. 1201(i)) any visa or other documentation of the 
     individual.
       (B) Public availability of information.--Information about 
     the denial or revocation of a visa or other documentation 
     under subparagraph (A)(ii) shall be made available to the 
     public.
       (b) Report to Congress.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the committees specified in 
     paragraph (2) a report identifying the 5 largest financial 
     institutions owned or controlled by the Government of the 
     Russian Federation, determined by estimated net assets.
       (2) Committees specified.--The committees specified in this 
     paragraph are--

[[Page S3375]]

       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (c) Exceptions.--
       (1) Importation of goods.--The requirement to impose 
     sanctions under subsection (a) shall not include the 
     authority to impose sanctions with respect to the importation 
     of goods.
       (2) Compliance with united nations headquarters 
     agreement.--Subsection (a)(5)(A)(ii) shall not apply with 
     respect to the admission of an alien to the United States if 
     such admission is necessary to comply with United States 
     obligations under the Agreement between the United Nations 
     and the United States of America regarding the Headquarters 
     of the United Nations, signed at Lake Success June 26, 1947, 
     and entered into force November 21, 1947, under the 
     Convention on Consular Relations, done at Vienna April 24, 
     1963, and entered into force March 19, 1967, or under other 
     international agreements.
       (3) Activities of nasa.--The requirement to impose 
     sanctions under subsection (a) shall not apply with respect 
     to activities of the National Aeronautics and Space 
     Administration.
       (d) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (e) Extension of Period To Allow Cessation of Prohibited 
     Business.--The President may extend the 30-day period 
     specified in subsection (a), except with respect to sanctions 
     under paragraph (5) of that subsection, for an additional 
     period not to exceed 180 days if the President certifies to 
     the appropriate congressional committees that the extension--
       (1) is in the national security interest of the United 
     States; and
       (2) is necessary to enable non-Russian persons impacted by 
     sanctions under subsection (a) to wind down business 
     prohibited as a result of those sanctions.
       (f) National Security Waiver.--The President may waive the 
     application of sanctions under subsection (a) with respect to 
     a person, except sanctions under paragraph (5) of that 
     subsection, if the President submits to the appropriate 
     congressional committees a determination in writing that--
       (1) the waiver is in the vital national security interest 
     of the United States; and
       (2) failing to use the waiver will cause significant 
     adverse harm to the vital national security interests of the 
     United States.
       (g) Suspension.--
       (1) In general.--The President may suspend sanctions 
     imposed under subsection (a) on or after the date on which 
     the Director of National Intelligence, in consultation with 
     the Director of the Federal Bureau of Investigation, the 
     Director of the National Security Agency, the Director of the 
     Central Intelligence Agency, the Secretary of State, the 
     Secretary of the Treasury, and the Attorney General, submits 
     to the appropriate congressional committees and leadership a 
     certification that the Government of the Russian Federation 
     has not engaged in interference in United States elections 
     for at least one Federal election cycle.
       (2) Reimposition.--
       (A) Reports required.--Not later than 90 days after a 
     suspension of sanctions under paragraph (1) takes effect, and 
     every 90 days thereafter, the President shall submit to the 
     appropriate congressional committees and leadership a report 
     on whether the Government of the Russian Federation is taking 
     measures to--
       (i) improve the oversight of and prosecutions relating to 
     interference in United States elections; and
       (ii) credibly demonstrate a significant change in behavior 
     and credibly commit to not engaging in such interference in 
     the future.
       (B) Reimposition.--If the President determines under 
     subparagraph (A) that the Government of the Russian 
     Federation is not taking measures described in that 
     subparagraph, the President shall reimpose the sanctions 
     suspended under paragraph (1).
       (h) Termination.--The President may terminate sanctions 
     imposed under subsection (a) on or after the date on which 
     the Director of National Intelligence, in consultation with 
     the Director of the Federal Bureau of Investigation, the 
     Director of the National Security Agency, the Director of the 
     Central Intelligence Agency, the Secretary of State, the 
     Secretary of the Treasury, and the Attorney General, submits 
     to the appropriate congressional committees and leadership a 
     certification that--
       (1) the Government of the Russian Federation has not 
     engaged in interference in United States elections for at 
     least 2 Federal election cycles; and
       (2) the President has received credible commitments from 
     the Government of the Russian Federation that that Government 
     will not engage in such interference in the future.

     SEC. __23. CONGRESSIONAL REVIEW OF WAIVER, SUSPENSION, AND 
                   TERMINATION OF SANCTIONS.

       Section 216(a)(2) of the Countering America's Adversaries 
     Through Sanctions Act (22 U.S.C. 9511(a)(2)) is amended--
       (1) in subparagraph (A)(i), by inserting ``or suspend the 
     application of sanctions described in subparagraph 
     (B)(i)(IV)'' after ``subparagraph (B)''; and
       (2) in subparagraph (B)(i)--
       (A) in subclause (II), by striking ``; or'' and inserting a 
     semicolon;
       (B) in subclause (III), by striking ``; and'' and inserting 
     ``; or''; and
       (C) by adding at the end the following:

       ``(IV) [section __23] of the Defending Elections from 
     Threats by Establishing Redlines Act of 2020; and''.

     SEC. __24. SENSE OF CONGRESS ON STRATEGY ON COORDINATION WITH 
                   EUROPEAN UNION.

       It is the sense of Congress that, not later than 180 days 
     after the date of the enactment of this Act, the President 
     should submit to the appropriate congressional committees and 
     leadership a strategy on how the United States will--
       (1) work in concert with the European Union and member 
     countries of the European Union to deter interference by the 
     Government of the Russian Federation in elections; and
       (2) coordinate with the European Union and member countries 
     of the European Union to enact legislation similar to this 
     Act.

 TITLE ___--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY OTHER 
                          FOREIGN GOVERNMENTS

     SEC. __31. BRIEFING ON INTERFERENCE IN UNITED STATES 
                   ELECTIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, and every 90 days thereafter, the President, or a 
     designee of the President, shall brief the appropriate 
     congressional committees and leadership on any government of 
     a foreign country, or person acting as an agent of or on 
     behalf of that government, that is determined by the 
     President to have engaged in or to be likely to engage in 
     interference in a United States election.

     SEC. __32. SENSE OF CONGRESS ON DETERRENCE STRATEGIES FOR 
                   INTERFERENCE IN UNITED STATES ELECTIONS BY 
                   FOREIGN GOVERNMENTS OF CONCERN.

       It is the sense of Congress that, not later than 90 days 
     after the date of the enactment of this Act, the President 
     should submit to the appropriate congressional committees and 
     leadership a report that includes--
       (1) a strategy of the President to deter interference in a 
     United States election by the Government of the People's 
     Republic of China, the Government of the Democratic People's 
     Republic of Korea, the Government of the Islamic Republic of 
     Iran, and any other foreign government determined by the 
     President to have engaged in or to be likely to engage in 
     interference in a United States election, including any 
     person acting as an agent of or on behalf of such a 
     government;
       (2) proposed sanctions if that government engages in such 
     interference and any authorities the President may require 
     from Congress to impose such sanctions;
       (3) other actions undertaken by Federal agencies or in 
     cooperation with other countries to deter such interference; 
     and
       (4) a plan for communicating such deterrence actions to 
     those governments.
                                 ______
                                 
  SA 1846. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle A of title XXVIII, insert the 
     following:

     SEC. 2806. INCREASED AUTHORITY FOR LABORATORY REVITALIZATION 
                   PROJECTS.

       Section 2805(d) of title 10, United States Code, is amended 
     by striking ``$6,000,000'' each place it appears and 
     inserting ``$10,000,000''.
                                 ______
                                 
  SA 1847. Mr. VAN HOLLEN (for himself and Mr. Sasse) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

[[Page S3376]]

  


     SEC. 12__. IMPOSITION OF SANCTIONS WITH RESPECT TO THEFT OF 
                   TRADE SECRETS OF UNITED STATES PERSONS.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than every 
     180 days thereafter, the President shall submit to the 
     appropriate congressional committees a report--
       (A) identifying, for the 180-day period preceding 
     submission of the report--
       (i) any foreign person that has engaged in, or benefitted 
     from, significant and serial theft of trade secrets of United 
     States persons, if the theft of such trade secrets is 
     reasonably likely to result in, or has materially contributed 
     to, a significant threat to the national security, foreign 
     policy, or economic health or financial stability of the 
     United States;
       (ii) any foreign person that has materially assisted or 
     sponsored such theft;
       (iii) any foreign person that has provided financial, 
     material, or technological support for, or goods or services 
     in support of or to benefit from, such theft;
       (iv) any entity owned or controlled by, or that has acted 
     or purported to act for or on behalf of, directly or 
     indirectly, any foreign person identified under clause (i), 
     (ii), or (iii); and
       (v) any chief executive officer or member of the board of 
     directors of any foreign entity identified under clause (i), 
     (ii), or (iii); and
       (B) describing the nature, objective, and outcome of the 
     theft of trade secrets each foreign person described in 
     subparagraph (A)(i) engaged in or benefitted from; and
       (C) assessing whether any chief executive officer or member 
     of the board of directors described in clause (v) of 
     subparagraph (A) engaged in, or benefitted from, activity 
     described in clause (i), (ii), or (iii) of that subparagraph.
       (2) Exception.--The President is not required to include in 
     a report required by paragraph (1) the name of any foreign 
     person that is the subject of an active United States law 
     enforcement investigation.
       (3) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (b) Authority to Impose Sanctions.--
       (1) Sanctions applicable to entities.--In the case of a 
     foreign entity identified under subparagraph (A) of 
     subsection (a)(1) in the most recent report submitted under 
     that subsection, the President shall impose one of the 
     following:
       (A) Blocking of property.--The President may, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in all 
     property and interests in property of the entity if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (B) Inclusion on denied persons list.--The President may 
     include the entity on the Denied Persons List maintained by 
     the Bureau of Industry and Security of the Department of 
     Commerce pursuant to section 764.3(a)(2) of the Export 
     Administration Regulations.
       (2) Sanctions applicable to individuals.--In the case of an 
     individual identified under subparagraph (A) of subsection 
     (a)(1) in the most recent report submitted under that 
     subsection, the following shall apply:
       (A) Blocking of property.--The President shall, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in all 
     property and interests in property of the individual if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (B) Visa ban; exclusion.--The Secretary of State shall deny 
     a visa to the individual and revoke, in accordance with 
     section 221(i) of the Immigration and Nationality Act (8 
     U.S.C. 1201(i)), any visa or other documentation of the 
     individual, and the Secretary of Homeland Security shall 
     exclude the individual from the United States.
       (c) Exceptions.--
       (1) Intelligence activities.--This section shall not apply 
     with respect to activities subject to the reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
     activities of the United States.
       (2) Exception relating to importation of goods.--
       (A) In general.--The authority to impose sanctions under 
     paragraph (1)(A) or (2)(A) of subsection (b) shall not 
     include the authority or a requirement to impose sanctions on 
     the importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (3) Exception to comply with international agreements.--
     Subsection (b)(2)(B) shall not apply with respect to the 
     admission of an individual to the United States if such 
     admission is necessary to comply with the obligations of the 
     United States under the Agreement regarding the Headquarters 
     of the United Nations, signed at Lake Success June 26, 1947, 
     and entered into force November 21, 1947, between the United 
     Nations and the United States, under the Convention on 
     Consular Relations, done at Vienna April 24, 1963, and 
     entered into force March 19, 1967, or under other 
     international agreements.
       (d) National Security Waiver.--The President may waive the 
     imposition of sanctions under subsection (b) with respect to 
     a person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits to the appropriate congressional committees a 
     notification of the waiver and the reasons for the waiver.
       (e) Termination of Sanctions.--Sanctions imposed under 
     subsection (b) with respect to a foreign person identified in 
     a report submitted under subsection (a) shall terminate if 
     the President certifies to the appropriate congressional 
     committees that the person is no longer engaged in the 
     activity identified in the report.
       (f) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     paragraph (1)(A) or (2)(A) of subsection (b) or any 
     regulation, license, or order issued to carry out that 
     paragraph shall be subject to the penalties set forth in 
     subsections (b) and (c) of section 206 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
     extent as a person that commits an unlawful act described in 
     subsection (a) of that section.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) Export administration regulations.--The term ``Export 
     Administration Regulations'' means subchapter C of chapter 
     VII of title 15, Code of Federal Regulations.
       (3) Foreign entity.--The term ``foreign entity'' means an 
     entity that is not a United States person.
       (4) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (5) Trade secret.--The term ``trade secret'' has the 
     meaning given that term in section 1839 of title 18, United 
     States Code.
       (6) Person.--The term ``person'' means an individual or 
     entity.
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.
                                 ______
                                 
  SA 1848. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title XVI, add the following:

         Subtitle __--Limitations on Explosive Nuclear Testing

     SEC. __01. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) it is in the national security interest of the United 
     States to continue to observe the national moratorium on 
     explosive nuclear testing;
       (2) maintaining the national moratorium on nuclear testing 
     advances United States nonproliferation and arms control 
     objectives and bolsters efforts to constrain the nuclear 
     arsenals of adversaries;
       (3) the United States should pursue the entry into force of 
     the Comprehensive Nuclear-Test-Ban Treaty as a means of 
     enabling use of the treaty's on-site inspection measures and 
     resolving compliance concerns related to the nuclear testing 
     moratoria commitments of other countries; and
       (4) the United States should continue to improve and invest 
     in the Stockpile Stewardship Program to ensure the safety, 
     security, and reliability of the United States stockpile in 
     the absence of nuclear testing.

     SEC. __02. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Select Committee on Intelligence, and 
     the Committee on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Permanent Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     House of Representatives.
       (2) National security laboratory.--The term ``national 
     security laboratory'' has the

[[Page S3377]]

     meaning given that term in section 4002 of the Atomic Energy 
     Defense Act (50 U.S.C. 2501).
       (3) Stockpile stewardship program.--The term ``Stockpile 
     Stewardship Program'' means the program established under 
     section 4201 of the Atomic Energy Defense Act (50 U.S.C. 
     2521).

     SEC. __03. LIMITATIONS ON USE OF FUNDS TO CONDUCT A NUCLEAR 
                   TEST.

       (a) Limitation on Use of Funds.--None of the funds 
     authorized to be appropriated or otherwise made available by 
     this Act for fiscal year 2021, or authorized to be 
     appropriated or otherwise made available by any other Act for 
     fiscal year 2021 or any fiscal year thereafter, for the 
     Department of Energy may be obligated or expended to conduct 
     an underground or other explosive nuclear test that produces 
     a yield unless all of the conditions described in subsection 
     (b) are met.
       (b) Conditions.--The conditions described in this 
     subsection are the following:
       (1) Report on proposed nuclear test by national nuclear 
     security administration.--Not less than 12 months before the 
     date on which a nuclear test described in subsection (a) is 
     proposed to be conducted, the Administrator for Nuclear 
     Security, with the concurrence of the directors of the 
     national security laboratories and in consultation with the 
     Commander of the United States Strategic Command, shall 
     submit to the appropriate congressional committees a report 
     on the proposed test that includes the following:
       (A) The date on which the President proposes to conduct the 
     test.
       (B) The location of the test site.
       (C) An estimate of the costs of conducting the test and any 
     subsequent activities related to the test.
       (D) A description of how resumption of nuclear testing 
     would impact the schedule and cost of the nuclear weapons 
     stockpile stewardship, management, and responsiveness plan of 
     the National Nuclear Security Administration under section 
     4203 of the Atomic Energy Defense Act (50 U.S.C. 2523).
       (E) An assessment of the desired technical and nuclear 
     weapons design data that conducting the test would generate.
       (F) A discussion of why the science-based tools and methods 
     and any other capabilities under the Stockpile Stewardship 
     Program are insufficient for generating the data described in 
     subparagraph (E).
       (G) An assessment of the anticipated yield of the nuclear 
     test.
       (H) An assessment of the status of the infrastructure and 
     diagnostics instrumentation required for conducting the test.
       (I) An assessment of the status of the workforce skills and 
     capabilities that are required for conducting the test.
       (2) Environmental impact statement by national nuclear 
     security administration.--Not less than 12 months before the 
     date on which a nuclear test described in subsection (a) is 
     proposed to be conducted, the Administrator for Nuclear 
     Security shall submit to the appropriate congressional 
     committees an environmental impact statement under section 
     102 of the National Environmental Policy Act of 1969 (42 
     U.S.C. 4332) with respect to conducting the test.
       (3) Certification of public health impacts by department of 
     health and human services.--Not less than 12 months before 
     the date on which a nuclear test described in subsection (a) 
     is proposed to be conducted, the Secretary of Health and 
     Human Services shall submit to the appropriate congressional 
     committees a certification that conducting the test will have 
     no short-term and long-term public health impacts.
       (4) Analysis by defense nuclear facilities safety board.--
       (A) Independent analysis.--
       (i) In general.--Not less than 12 months before the date on 
     which a nuclear test described in subsection (a) is proposed 
     to be conducted, the Chairman of the Defense Nuclear 
     Facilities Safety Board shall submit to the appropriate 
     congressional committees an independent analysis, conducted 
     by the Board in accordance with the mission of the Board 
     under section 312 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2286a), of the safety and public health impacts of conducting 
     the test at the Nevada Nuclear Security Site or another 
     location, including with respect to the health and safety of 
     the employees and contractors.
       (ii) Recommendations.--The independent analysis required by 
     clause (i) shall include recommendations on specific measures 
     that should be adopted to ensure that public health and 
     safety are adequately protected.
       (iii) Authority of defense nuclear facilities safety 
     board.--For purposes of this subparagraph, the Nevada Nuclear 
     Security Site, or any other location selected to conduct a 
     nuclear test, shall be treated as a Department of Energy 
     defense nuclear facility (as defined in section 318 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2286g)) under the 
     regulatory authority of the Defense Nuclear Facilities Safety 
     Board.
       (B) Public hearing.--
       (i) In general.--Not later than 120 days after Congress 
     receives all of the documents required by paragraphs (1) 
     through (4), the Defense Nuclear Facilities Safety Board and 
     the National Nuclear Security Administration shall convene 
     joint public hearings for localities in proximity of the test 
     site with respect to such certifications and reports.
       (ii) Authority.--The meetings required by clause (i) shall 
     be conducted, in the case of the Board, under the authority 
     provided by section 313 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2286b).
       (5) National intelligence estimate.--
       (A) In general.--Not less than 12 months before the date on 
     which a nuclear test described in subsection (a) is proposed 
     to be conducted, the Director of National Intelligence shall 
     submit to the appropriate congressional committees a National 
     Intelligence Estimate on the nuclear testing capabilities and 
     intentions of other countries with nuclear weapons, 
     consisting of--
       (i) an unclassified executive summary and judgments; and
       (ii) a more detailed, classified report.
       (B) Elements.--The National Intelligence Estimate required 
     by subparagraph (A) shall include the following:
       (i) A description of the respective nuclear testing 
     capacities of other countries with nuclear weapons, including 
     test readiness.
       (ii) An assessment of whether the resumption of nuclear 
     testing by the United States would prompt any of such 
     countries to conduct nuclear tests.
       (iii) An assessment of the technical and nuclear weapons 
     design enhancements that such countries would gain by 
     conducting nuclear tests.
       (iv) An assessment of whether the resumption of nuclear 
     testing by the United States would prompt any country seeking 
     to develop a nuclear weapon to conduct an explosive nuclear 
     test.
       (v) An assessment of how the resumption of nuclear testing 
     by the United States would affect efforts to constrain the 
     nuclear arsenals of adversaries of the United States.
       (vi) A description of the nuclear detonation detection 
     benefits provided by the International Monitoring System and 
     International Data Center of the Comprehensive Nuclear-Test-
     Ban Treaty Organization.
       (vii) An assessment of what specific capabilities the 
     United States Government would have to develop and deploy to 
     ensure that no loss of collection capability would occur in 
     the event the United States lost access to data of the 
     International Monitoring System.
       (6) Report on foreign policy implications by department of 
     state.--Not less than 12 months before the date on which a 
     nuclear test described in subsection (a) is proposed to be 
     conducted, the Secretary of State shall submit to the 
     appropriate congressional committees a report on the likely 
     foreign policy implications and potential impacts to United 
     States diplomatic relations of conducting the test that 
     includes the following:
       (A) A determination with respect to whether the test is 
     consistent with the international legal obligations of the 
     United States.
       (B) An assessment of the likely reactions of other 
     countries with nuclear weapons, the North Atlantic Treaty 
     Organization (NATO) and NATO member countries, and allies of 
     the United States.
       (C) A description of the expected impacts relating to--
       (i) the Treaty on the Non-Proliferation of Nuclear Weapons, 
     done at Washington, London, and Moscow July 1, 1968 (21 UST 
     483) (commonly referred to as the ``Nuclear Non-Proliferation 
     Treaty''); and
       (ii) key nonproliferation and arms control objectives of 
     the United States.
       (D) A description of the anticipated impact on the 
     international political and financial support for the 
     Preparatory Commission and the International Monitoring 
     System of the Comprehensive Nuclear-Test-Ban Treaty 
     Organization.
       (7) Certification that test is in national security 
     interests of united states.--Not less than 12 months before 
     the date on which a nuclear test described in subsection (a) 
     is proposed to be conducted, the President, the Secretary of 
     Defense, the Secretary of State, and the Secretary of Energy 
     (with the concurrence of the Administrator for Nuclear 
     Security), shall each submit to Congress a certification that 
     conducting the test is in the national security interest of 
     the United States.
       (8) Certification related to safety, security, and 
     reliability of the nuclear weapons stockpile.--Not less than 
     12 months before the date on which a nuclear test described 
     in subsection (a) is proposed to be conducted, the directors 
     of the national security laboratories and the Commander of 
     the United States Strategic Command shall each submit to the 
     appropriate congressional committees a certification that the 
     test is required to certify the safety, security, and 
     reliability of the nuclear weapons stockpile of the United 
     States.
       (9) Briefings on certifications.--Not later than 90 days 
     after submitting a document required under any of paragraphs 
     (1) through (8), the official responsible for submitting that 
     document shall provide a briefing to the appropriate 
     congressional committees on the document.
       (10) Enactment of joint resolution of approval.--Not later 
     than 120 days after Congress receives all of the documents 
     required under paragraphs (1) through (8), there is enacted 
     into law a joint resolution that approves the conduct by the 
     United States of a nuclear test described under subsection 
     (a).
       (c) Form of Reports and Certifications.--Each report and 
     certification required by this section shall be submitted in 
     unclassified form, but may include a classified annex.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to limit activities under the Stockpile Stewardship

[[Page S3378]]

     Program or any activities authorized under section 4203 of 
     the Atomic Energy Defense Act (50 U.S.C. 2523) that are 
     consistent with the zero-yield standard.

     SEC. __04. REQUIREMENT FOR SPECIFIC AUTHORIZATION AND 
                   APPROPRIATION.

       (a) In General.--Any funds needed to conduct or make 
     preparations for a nuclear test that produces a yield must be 
     specifically authorized by an Act of Congress and 
     appropriated for that purpose.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to limit activities under the Stockpile Stewardship 
     Program or any activities authorized under section 4203 of 
     the Atomic Energy Defense Act (50 U.S.C. 2523) that are 
     consistent with the zero-yield standard.

     SEC. __05. REPORT ON ANY FOREIGN COUNTRY NUCLEAR TEST.

       (a) In General.--If a nuclear test that produces a yield is 
     conducted by a foreign country after the date of the 
     enactment of this Act, the Director of National Intelligence, 
     with the concurrence of the Secretary of Energy and the 
     Secretary of the Air Force, shall, as soon as practicable 
     after the date of the test, submit to the appropriate 
     congressional committees a report on the test that includes 
     the following:
       (1) A description of the date, geographic location, and 
     yield of the test.
       (2) A description of the data collected from the 
     International Monitoring System of the Comprehensive Nuclear-
     Test-Ban Treaty Organization related to the test.
       (3) An assessment of the technical and nuclear weapons 
     design data generated by the test.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Select Committee on Intelligence, and 
     the Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Permanent Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     House of Representatives.

     SEC. __06. PROHIBITION ON USE OF FUNDS TO DISABLE, 
                   DECOMMISSION, OR DISMANTLE INTERNATIONAL 
                   MONITORING SYSTEM STATIONS.

       None of the funds authorized to be appropriated or 
     otherwise made available by this Act for fiscal year 2021, or 
     authorized to be appropriated or otherwise made available by 
     any other Act for fiscal year 2021 or any fiscal year 
     thereafter, for the Department of Defense may be obligated or 
     expended to disable, decommission, dismantle, or undertake 
     any activity that would in any way impede the transmission of 
     monitoring data from facilities of the International 
     Monitoring System of the Comprehensive Nuclear-Test-Ban 
     Treaty Organization located on United States territory.
                                 ______
                                 
  SA 1849. Mr. VAN HOLLEN (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 VI, add the following:

     SEC. ___. RELIEF OF RICHARD W. COLLINS III.

       (a) Findings.--Congress makes the following findings:
       (1) On May 20, 2017, Lieutenant Richard W. Collins III was 
     murdered on the campus of the University of Maryland, College 
     Park, Maryland.
       (2) At the time of his murder, Lieutenant Collins had 
     graduated from the Reserve Officers' Training Corps at Bowie 
     State University and received a commission in the United 
     States Army.
       (3) At the time of the murder of Lieutenant Collins, a 
     graduate of a Reserve Officers' Training Corps who received a 
     commission but died before receiving a first duty assignment 
     was not eligible for a death gratuity under section 
     1475(a)(4) of title 10, United States Code, or for casualty 
     assistance under section 633 of the National Defense 
     Authorization Act for Fiscal Year 2014 (10 U.S.C. 1475 note).
       (4) Section 623 of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92) amended section 1475 
     of title 10, United States Code, to authorize the payment of 
     a death gratuity to a graduate of the Senior Reserve 
     Officers' Training Corps (SROTC) who receives a commission 
     but dies before receiving a first duty assignment.
       (5) Section 625 of the National Defense Authorization Act 
     for Fiscal Year 2020 authorizes the families of Senior 
     Reserve Officers' Training Corps graduates to receive 
     casualty assistance in the event of the death of such 
     graduates.
       (6) Sections 623 and 625 of the National Defense 
     Authorization Act for Fiscal Year 2020 apply only to a Senior 
     Reserve Officers' Training Corps graduate who receives a 
     commission but dies before receiving a first duty assignment 
     on or after the date of the enactment of that Act.
       (7) The death of Lieutenant Collins played a critical role 
     in changing the eligibility criteria for the death gratuity 
     for Senior Reserve Officers' Training Corps graduates who die 
     prior to their first assignment.
       (b) Applicability of Laws.--
       (1) Death gratuity.--Section 623 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92), 
     and the amendment made by that section, shall apply to 
     Lieutenant Richard W. Collins III as if his death had 
     occurred after the date of the enactment of that section.
       (2) Casualty assistance.--Section 625 of the National 
     Defense Authorization Act for Fiscal Year 2020, and the 
     amendment made by that section, shall apply to Lieutenant 
     Richard W. Collins III as if his death had occurred after the 
     date of the enactment of that section.
       (c) Limitation.--No amount exceeding 10 percent of a 
     payment made under subsection (b)(1) may be paid to or 
     received by any attorney or agent for services rendered in 
     connection with the payment. Any person who violates this 
     subsection shall be guilty of an infraction and shall be 
     subject to a fine in the amount provided under title 18, 
     United States Code.
                                 ______
                                 
  SA 1850. Mr. KING (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XII of division A, add the following:

                   Subtitle H--Global Health Security

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Global Health Security 
     Act of 2020''.

     SEC. 1292. DEFINED TERM.

       In this subtitle, the term ``global health security'' means 
     the activities required to minimize the danger and impact of 
     acute public health events that endanger the collective 
     health of populations living across geographical regions and 
     international boundaries.

     SEC. 1293. POLICY OBJECTIVES.

       It is the policy of the United States--
       (1) to advance global health security through engagement in 
     a multi-faceted, multi-country, multi-sectoral framework to 
     accelerate targeted partner countries' measurable 
     capabilities to achieve specific targets to prevent, detect, 
     and respond to infectious disease threats, whether naturally 
     occurring, deliberate, or accidental;
       (2) to encourage governments and multilateral institutions, 
     including development banks, nongovernmental organizations, 
     and private sector stakeholders throughout the world to make 
     fortifying health security a national priority and a key 
     commitment; and
       (3) to emphasize improving coordination and collaboration 
     across governmental and societal sectors to help strengthen 
     health systems and pandemic preparedness.

     SEC. 1294. GLOBAL HEALTH SECURITY SPECIAL ADVISOR.

       (a) In General.--There is established, within the Executive 
     Office of the President, the position of Special Advisor for 
     Global Health Security (referred to in this subtitle as the 
     ``Advisor''), who shall be appointed by the President, at a 
     level not lower than that of a Deputy Assistant to the 
     President. In selecting the Advisor, the President should 
     consider appointing a staff member of the National Security 
     Council.
       (b) General Duties.--The Advisor shall--
       (1) serve as the President's principal advisor on global 
     health security and global health emergencies;
       (2) coordinate the United States Government's efforts to 
     carry out global health security activities, including 
     participation in the Global Health Security Agenda;
       (3) convene and chair the Global Health Security 
     Interagency Review Council described in section 1295; and
       (4) submit a report to Congress not less frequently than 
     twice per year that describes the activities and 
     accomplishments of the Advisor during the reporting period.
       (c) Specific Duties.--The duties of the Advisor shall also 
     include--
       (1) ensuring program and policy coordination among the 
     relevant executive branch agencies and nongovernmental 
     organizations, including auditing, monitoring, and evaluation 
     of all such programs;
       (2) ensuring that each relevant executive branch agency 
     undertakes programs primarily in areas in which the agency 
     has the greatest expertise, technical capabilities, and 
     potential for success;
       (3) avoiding duplication of effort;
       (4) ensuring, through interagency and international 
     coordination, that global health security programs of the 
     United States are coordinated with, and complementary to, the 
     delivery of related global health, food security, 
     development, and education programs;
       (5) establishing due diligence criteria for all recipients 
     of funds appropriated by the Federal Government for global 
     health security assistance;

[[Page S3379]]

       (6) developing policy that will prioritize global health 
     security, especially the role of building low- and middle-
     income country capacity to contain pandemic threats, in all 
     relevant future global and national health, research and 
     development, and biodefense strategies, including the 
     National Health Security Strategy, the National Security 
     Strategy, and the National Biodefense Strategy; and
       (7) articulating assessment standards that--
       (A) measure countries' individual status and progress in 
     building the necessary capacities to prevent, detect, and 
     respond to infectious disease threats, in accordance with 
     agreed bilateral or multilateral targets and in support of 
     full implementation of the International Health Regulations, 
     adopted at Geneva May 23, 2005;
       (B) are based on a peer-to-peer model in which external 
     experts are invited to work with the country to evaluate 
     capacity;
       (C) ensure an objective approach and facilitate cross-
     sectoral learning; and
       (D) are part of the capacity building cycle designed to 
     inform national priority setting, target resources, and track 
     progress.
       (d) Coordination.--In carrying out the duties set forth in 
     subsection (b), the Advisor shall ensure--
       (1) coordination of United States Government efforts 
     referred to in subsection (b)(2) with relevant international 
     stakeholders and organizations; and
       (2) coordination with the Administrator of the United 
     States Agency for International Development, who is 
     responsible for the coordination of the provision of 
     international humanitarian assistance by the United States 
     Government.
       (e) Monitoring.--To ensure that adequate measures are 
     established and implemented, the Centers for Disease Control 
     and Prevention should--
       (1) advise the Advisor on monitoring, surveillance, and 
     evaluation activities; and
       (2) be a key implementer of such activities under this 
     section.
       (f) Form.--The reports required under subsection (b)(4) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 1295. INTERAGENCY REVIEW COUNCIL.

       (a) Establishment.--The Global Health Security Interagency 
     Review Council (referred to in this section as the 
     ``Council'') shall be composed of representatives of--
       (1) the Department of Defense, including the Assistant 
     Secretary of Defense for Health Affairs;
       (2) the Department of State;
       (3) the Centers for Disease Control and Prevention;
       (4) the United States Agency for International Development;
       (5) the Department of Agriculture, including the Animal 
     Plant Health Inspection Service and the Food Safety and 
     Inspection Service;
       (6) the Department of Health and Human Services, including 
     the National Institutes of Health;
       (7) the Department of Homeland Security;
       (8) the Department of Justice, including the Federal Bureau 
     of Investigation;
       (9) the Environmental Protection Agency;
       (10) the Office of Management and Budget;
       (11) the Office of Science and Technology Policy; and
       (12) any other agency that the representatives of the 
     agencies set forth in paragraphs (1) through (11) determine, 
     by consensus, to be appropriate.
       (b) Meetings.--The Council shall meet at least 4 times per 
     year to advance its mission and fulfill its responsibilities 
     under this section.
       (c) Functions.--The Council shall--
       (1) provide policy-level guidance to participating agencies 
     on global health security goals, objectives, and 
     implementation;
       (2) facilitate interagency, multi-sectoral engagement to 
     carry out global health security activities, including the 
     Global Health Security Agenda;
       (3) provide a forum for raising and working to resolve 
     interagency disagreements concerning the global health 
     security goals, objectives, and benchmarks;
       (4) develop and set benchmarks for--
       (A) assessing, measuring, and improving global health 
     security outcomes; and
       (B) identifying criteria for designating priority partner 
     countries;
       (5) review the progress toward, and work to resolve 
     challenges to, achieving United States Government commitments 
     to global health security activities, agreements, and 
     organizations, including the Global Health Security Agenda 
     and other commitments to assist other countries in achieving 
     agreed-upon global health security targets; and
       (6) consider, among other issues--
       (A) the status of United States financial commitments to 
     global health security in the context of commitments by other 
     donors, and the contributions of partner countries to achieve 
     global health security targets, including the Global Health 
     Security Agenda;
       (B) progress toward the milestones outlined in global 
     health security national plans for those countries where the 
     United States Government has committed to assist in global 
     health security activities and in annual work plans outlining 
     agency priorities for implementing global health security 
     strategies, including the Global Health Security Agenda; and
       (C) external evaluations of the capabilities of the United 
     States and partner countries to address infectious disease 
     threats, including--
       (i) the ability to achieve the targets outlined in the 
     Joint External Evaluation process; and
       (ii) gaps identified by such external evaluations.
       (d) Specific Roles and Responsibilities.--
       (1) In general.--The heads of the agencies referred to in 
     subsection (a) shall--
       (A) make the implementation of the Global Health Security 
     Agenda (referred to in this subsection as ``GHSA'') and 
     successor activities a high priority within their respective 
     agencies, and include GHSA-related activities within their 
     respective agencies' strategic planning and budget processes;
       (B) designate a senior level official to be responsible for 
     the implementation of this section;
       (C) designate an appropriate representative, at the 
     Assistant Secretary level or higher, to represent the agency 
     on the Council;
       (D) keep the Council apprised of global health security-
     related activities, including the Global Health Security 
     Agenda, undertaken within their respective agencies;
       (E) maintain responsibility for agency-related programmatic 
     functions, in coordination with host governments, country 
     teams, and global health security in country teams, and in 
     conjunction with other relevant agencies;
       (F) coordinate with other agencies referred to in 
     subsection (a) to satisfy programmatic goals, and further 
     facilitate coordination of country teams, implementers, and 
     donors in host countries; and
       (G) coordinate across GHSA national plans and with GHSA 
     partners to which the United States is providing assistance.
       (2) Additional roles and responsibilities.--In addition to 
     the roles and responsibilities described in paragraph (1), 
     the heads of agencies referred to in subsection (a) shall 
     carry out their respective roles and responsibilities 
     described in subsections (b) through (i) of section 3 of 
     Executive Order 13747 (81 Fed. Reg. 78701; relating to 
     Advancing the Global Health Security Agenda to Achieve a 
     World Safe and Secure from Infectious Disease Threats), as in 
     effect on the day before the date of the enactment of this 
     Act.
       (e) Limitations.--The Council may not perform any 
     activities or functions that interfere with the foreign 
     affairs responsibilities of the Secretary of State, including 
     the responsibility to oversee the implementation of programs 
     and policies that advance the global health security 
     activities within foreign countries.

     SEC. 1296. STRATEGY AND REPORTS.

       (a) Strategy.--The Special Advisor for Global Health 
     Security appointed under section 1294 shall coordinate the 
     development and implementation of a strategy to implement the 
     policy objectives described in section 1293, which shall--
       (1) set specific and measurable goals, benchmarks, 
     timetables, performance metrics, and monitoring and 
     evaluation plans that reflect international best practices 
     relating to transparency, accountability, and global health 
     security;
       (2) support and be aligned with country-owned global health 
     security policy and investment plans developed with input 
     from key stakeholders, as appropriate;
       (3) facilitate communication and collaboration, as 
     appropriate, among local stakeholders in support of a multi-
     sectoral approach to global health security;
       (4) support the long-term success of programs by building 
     the capacity of local organizations and institutions in 
     target countries and communities;
       (5) develop community resilience to infectious disease 
     threats and emergencies;
       (6) leverage resources and expertise through partnerships 
     with the private sector, health organizations, civil society, 
     nongovernmental organizations, and health research and 
     academic institutions; and
       (7) support collaboration, as appropriate, between United 
     States universities, and public and private institutions in 
     target countries and communities to promote health security 
     and innovation.
       (b) Coordination.--The President, acting through the 
     Special Advisor for Global Health Security, shall coordinate, 
     through a whole-of-government approach, the efforts of 
     relevant Federal departments and agencies in the 
     implementation of the strategy required under subsection (a) 
     by establishing--
       (1) monitoring and evaluation systems, coherence, and 
     coordination across relevant Federal departments and 
     agencies; and
       (2) platforms for regular consultation and collaboration 
     with key stakeholders and the appropriate congressional 
     committees.
       (c) Strategy Submission.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the President, in consultation 
     with the head of each relevant Federal department and agency, 
     shall submit, to the appropriate congressional committees--
       (A) the strategy required under subsection (a); and
       (B) a detailed description of how the United States intends 
     to advance the policy objectives described in section 1293 
     and the agency-specific plans described in paragraph (2).
       (2) Agency-specific plans.--The strategy required under 
     subsection (a) shall include specific implementation plans 
     from each relevant Federal department and agency that 
     describes--

[[Page S3380]]

       (A) the anticipated contributions of the department or 
     agency, including technical, financial, and in-kind 
     contributions, to implement the strategy; and
       (B) the efforts of the department or agency to ensure that 
     the activities and programs carried out pursuant to the 
     strategy are designed to achieve maximum impact and long-term 
     sustainability.
       (d) Report.--
       (1) In general.--Not later than 1 year after the date on 
     which the strategy required under subsection (a) is submitted 
     to the appropriate congressional committees under subsection 
     (c), and not later than October 1 of each year thereafter, 
     the President shall submit a report to the appropriate 
     congressional committees that describes the status of the 
     implementation of the strategy.
       (2) Content.--The report required under paragraph (1) 
     shall--
       (A) contain a summary of the strategy as an appendix;
       (B) identify any substantial changes made in the strategy 
     during the preceding calendar year;
       (C) describe the progress made in implementing the 
     strategy;
       (D) identify the indicators used to establish benchmarks 
     and measure results over time, and the mechanisms for 
     reporting such results in an open and transparent manner;
       (E) contain a transparent, open, and detailed accounting of 
     expenditures by relevant Federal departments and agencies to 
     implement the strategy, including, for each Federal 
     department and agency, the statutory source of expenditures, 
     amounts expended, implementing partners, targeted 
     beneficiaries, and activities supported;
       (F) describe how the strategy leverages other United States 
     global health and development assistance programs;
       (G) assess efforts to coordinate United States global 
     health security programs, activities, and initiatives with 
     key stakeholders; and
       (H) incorporate a plan for regularly reviewing and updating 
     strategies, partnerships, and programs and sharing lessons 
     learned with a wide range of stakeholders, including key 
     stakeholders, in an open, transparent manner.
       (e) Form.--The strategy required under subsection (a) and 
     the report required under subsection (d) shall be submitted 
     in unclassified form, but may contain a classified annex.

     SEC. 1297. ANNUAL NATIONAL INTELLIGENCE ESTIMATE AND BRIEFING 
                   ON NOVEL DISEASES AND PANDEMIC THREATS.

       (a) In General.--The National Security Act of 1947 (50 
     U.S.C. 3001 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1109. ANNUAL NATIONAL INTELLIGENCE ESTIMATE AND 
                   BRIEFING ON NOVEL DISEASES AND PANDEMIC 
                   THREATS.

       ``(a) Defined Term.--In this section, the term `appropriate 
     committees of Congress' means--
       ``(1) the Committee on Foreign Relations of the Senate;
       ``(2) the Select Committee on Intelligence of the Senate;
       ``(3) the Committee on Health, Education, Labor, and 
     Pensions of the Senate
       ``(4) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(5) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       ``(6) the Committee on Energy and Commerce of the House of 
     Representatives.
       ``(b) National Intelligence Estimates Required.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of this section, and annually thereafter, the 
     National Intelligence Council shall produce a National 
     Intelligence Estimate regarding the risk of pandemics from 
     highly infectious and novel diseases.
       ``(2) Elements.--Each National Intelligence Estimate 
     produced under paragraph (1) shall include the following:
       ``(A) An identification of the countries most likely to be 
     the origin of a disease with pandemic potential.
       ``(B) An assessment of the likelihood of a spread of a 
     disease described in subparagraph (A) to the United States, 
     the Armed Forces or diplomatic or development personnel of 
     the United States abroad, or citizens of the United States 
     abroad in a manner that could lead to an epidemic in the 
     United States that affects the national security or economic 
     prosperity of the United States.
       ``(C) An assessment of the preparedness of countries around 
     the world to detect, prevent, and respond to pandemic 
     threats.
       ``(D) An identification of any gaps in the preparedness of 
     countries described in subparagraph (C).
       ``(c) Submission to Congress.--On the December 1 following 
     the date on which a National Intelligence Estimate is 
     produced under subsection (b)(1), the National Intelligence 
     Council shall submit the Estimate to the appropriate 
     committees of Congress.
       ``(d) Congressional Briefings.--The National Intelligence 
     Council shall annually brief the appropriate committees of 
     Congress regarding--
       ``(1) the most recent National Intelligence Estimate 
     submitted under subsection (c); and
       ``(2) outbreaks of disease with pandemic potential that 
     could lead to an epidemic described in subsection (b)(2)(B).
       ``(e) Public Availability.--The Director of National 
     Intelligence shall make publicly available an unclassified 
     version of each National Intelligence Estimate produced under 
     subsection (b)(1).''.
       (b) Clerical Amendment.--The table of contents in the 
     matter preceding section 2 of such Act (50 U.S.C. 3002) is 
     amended by adding at the end the following:

``1109. Annual National Intelligence Estimate and briefing on novel 
              diseases and pandemic threats.''.
                                 ______
                                 
  SA 1851. Mr. SCHUMER (for himself, Ms. Murkowski, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed by him to 
the bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title I, insert the following:

     SEC. 156. REPORT ON LC-130 AIRCRAFT INVENTORY.

       Not later than 180 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 describing how the 
     Department of Defense plans to modernize the LC-130 aircraft 
     in its inventory.
                                 ______
                                 
  SA 1852. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1026. SENSE OF CONGRESS ON THE NAMING OF A NAVAL VESSEL 
                   IN HONOR OF SENIOR CHIEF PETTY OFFICER SHANNON 
                   KENT.

       (a) Findings.--Congress makes the following findings:
       (1) Senior Chief Petty Officer Shannon M. Kent was born in 
     Owego, New York.
       (2) Senior Chief Petty Officer Kent enlisted in the United 
     States Navy on December 10, 2003.
       (3) Senior Chief Petty Officer Kent was fluent in four 
     languages and four dialects of Arabic.
       (4) Senior Chief Petty Officer Kent served five combat 
     tours throughout 15 years of service in the Navy.
       (5) On January 16, 2019, at 35 years of age, Senior Chief 
     Petty Officer Kent was killed in a suicide bombing in Manbij, 
     Syria, while supporting Joint Task Force-Operation Inherent 
     Resolve.
       (6) Senior Chief Petty Officer Kent was the recipient of 
     the Bronze Star, the Purple Heart, two Joint Service 
     Commendation Medals, the Navy and Marine Corps Commendation 
     Medal, the Army Commendation Medal, and the Joint Service 
     Achievement Medal, among other decorations and awards.
       (7) Senior Chief Petty Officer Kent was among the first 
     women to deploy with Special Operations Forces and was the 
     first female to graduate from the hard skills program for 
     non-SEALs.
       (8) Senior Chief Petty Officer Kent is survived by her 
     husband and two children.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Navy should name the next available 
     naval vessel appropriate for such name in honor of Senior 
     Chief Petty Officer Shannon Kent.
                                 ______
                                 
  SA 1853. Mrs. CAPITO (for herself and Mr. Sanders) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 3__. REPORT ON FLUORINATED AQUEOUS FILM FORMING FOAM.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report on--
       (1) the location and amount of the stockpiled fluorinated 
     aqueous film forming foam in the possession of the Department 
     of Defense that contains--
       (A) perfluorooctanoic acid (PFOA);
       (B) perfluorooctane sulfonate (PFOS);
       (C) perfluorohexane sulfonic acid (PFHxS);
       (D) perfluoroheptanoic acid (PFHpA); or
       (E) perfluorononanoic acid (PFNA).
       (2) the amount of such foam that has been destroyed during 
     the 10-year period ending of the date of the enactment of 
     this Act and the method and location of destruction.
                                 ______
                                 
  SA 1854. Mr. BRAUN submitted an amendment intended to be proposed by

[[Page S3381]]

him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. __. INCLUSION OF CERTAIN EMBLEMS ON HEADSTONES AND 
                   MARKERS FURNISHED BY THE SECRETARY OF VETERANS 
                   AFFAIRS.

       (a) In General.--Section 2306 of title 38, United States 
     Code, is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i)(1) A headstone or marker furnished for a veteran 
     under subsection (a), (b), or (d) may include--
       ``(A) no emblem;
       ``(B) an emblem of belief; or
       ``(C) an emblem from among a list of emblems that the 
     Secretary of Defense, in coordination with the Secretary, 
     shall establish.
       ``(2) The list established under paragraph (1)(C) shall 
     include the following:
       ``(A) An emblem with respect to--
       ``(i) each unit at the level of separate brigade or higher 
     in the Army and each equivalent unit in the Navy, Marine 
     Corps, Air Force, and Coast Guard; and
       ``(ii) each skill or combat badge or tab earned by a member 
     of the Armed Forces.
       ``(B) One or more emblems of the commissioned Regular Corps 
     of the Public Health Service.
       ``(C) One or more emblems of the commissioned officer corps 
     of the National Oceanic and Atmospheric Administration.
       ``(D) Such other emblems as the Secretary of Defense, in 
     coordination with the Secretary, considers appropriate and 
     practical, such as the Marine Corps emblem or Army Infantry 
     insignia.
       ``(3) The Secretary of Defense shall provide the Secretary 
     with a digitized representation of each emblem included in 
     the list established under paragraph (1)(C).''.
       (b) Establishment of List of Approved Emblems.--Not later 
     than June 1, 2021, the Secretary of Defense, in coordination 
     with the Secretary of Veterans Affairs, shall establish the 
     list of approved emblems required by section 2306(i)(1)(C), 
     as added by subsection (a), in accordance with such section.
       (c) Availability of Approved Emblems.--Not later than 
     October 1, 2021, the Secretary of Veterans Affairs shall make 
     the emblems on the list of approved emblems required by 
     section 2306(i)(1)(C), as added by subsection (a), available 
     for inclusion on headstones and markers.
       (d) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to headstones and markers furnished 
     by the Secretary of Veterans Affairs after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1855. Mr. BRAUN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 7__. EXPEDITED HIRING BY DEPARTMENT OF VETERANS AFFAIRS 
                   OF MEDICAL DEPARTMENT PERSONNEL SEPARATING FROM 
                   THE ARMED FORCES.

       (a) In General.--The Secretary of Veterans Affairs, in 
     consultation with the Secretary of Defense, shall conduct 
     recruitment for covered medical personnel positions from 
     among medical department personnel of the Department of 
     Defense who hold medical military occupational specialties 
     and are separating from the Armed Forces.
       (b) Transition Assistance Program.--Recruitment shall be 
     conducted under subsection (a) for separating members of the 
     Armed Forces as part of the Transition Assistance Program 
     conducted for such members.
       (c) Elements of Recruitment.--
       (1) In general.--The Secretary of Defense, in collaboration 
     with the Secretary of Veterans Affairs, shall schedule 
     regular briefing times for all medical department personnel 
     of the Department of Defense who are separating from the 
     Armed Forces to be briefed by a supervisor or technician from 
     a human resources office of the Veterans Health 
     Administration on--
       (A) employment opportunities with the Department of 
     Veterans Affairs throughout the United States;
       (B) options for careers with the Department in a covered 
     medical personnel position; and
       (C) the expedited recruitment and hiring process under this 
     section.
       (2) One-on-one appointments.--The supervisor or technician 
     conducting the briefing under paragraph (1) shall--
       (A) schedule a one-on-one appointment for each separating 
     medical department personnel member who wishes to meet to 
     review covered medical personnel positions that are 
     available; and
       (B) accept applications for such positions.
       (d) Hiring.--
       (1) Tentative offer.--
       (A) In general.--The supervisor or technician conducting 
     the briefing under subsection (c)(1) and accepting 
     applications under subsection (c)(2)(B) may tentatively offer 
     applicants for covered medical personnel positions who agree 
     to accept the position and meet a preliminary qualification 
     review established by the Secretary of Veterans Affairs such 
     a position at a medical facility of the Department of 
     Veterans Affairs.
       (B) Timing.--A tentative offer under subparagraph (A) to a 
     member of the Armed Forces participating in the recruitment 
     and hiring process under this section may be made during the 
     period beginning on the date that is 90 days before the 
     separation of the member from the Armed Forces and ending on 
     the date that is 90 days after such separation.
       (2) Final offer.--After conducting the tentative offer 
     process for an individual under paragraph (1), the supervisor 
     or technician shall transmit information on and credentials 
     for the individual to the medical facility at which the 
     individual would be hired for final verification and 
     interviews to complete the hiring process and possibly 
     present a final offer.
       (3) Conduct of hiring process.--Notwithstanding any other 
     provision of law, the Secretary may hire individuals under 
     this section through direct, non-competitive, and other 
     hiring processes as the Secretary considers appropriate to 
     carry out this section.
       (e) Definitions.--In this section:
       (1) Covered medical personnel position.--The term ``covered 
     medical personnel position'' means a medical personnel 
     position at all grades within the Department of Veterans 
     Affairs employed under--
       (A) the General Schedule under subchapter III of chapter 53 
     of title 5, United States Code;
       (B) the prevailing rate system under subchapter IV of such 
     chapter;
       (C) section 7425 of title 38, United States Code; or
       (D) a hybrid authority.
       (2) Transition assistance program.--The term ``Transition 
     Assistance Program'' means the Transition Assistance Program 
     under sections 1142 and 1144 of title 10, United States Code.
                                 ______
                                 
  SA 1856. Mr. BRAUN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. PRIORITY AND EMPHASIS IN PROMOTION OF MEMBERS OF 
                   THE ARMED FORCES FOR BILLET-RELATED SKILLS AND 
                   TRAINING, OPERATIONAL EXPERIENCE, AND 
                   DECORATIONS.

       (a) Priority and Emphasis.--Commencing not later than 180 
     days after the date of the enactment of this Act, promotion 
     selection boards, in the case of officers, and personnel 
     responsible for determinations regarding promotions, in the 
     case of other members, shall afford an enhanced priority and 
     emphasis in the promotion of members of the Armed Forces for 
     skills, training, and other matters specified in subsection 
     (b) when compared with civilian education and matters not 
     specified in that subsection.
       (b) Specified Skills, Training, and Other Matters.--The 
     skills, training, and other matters specified in this 
     subsection are the following:
       (1) Billet-related skills.
       (2) Billet-related training.
       (3) Operational experience.
       (4) Decoration and awards.
       (c) Guidance.--Promotion selection boards and personnel 
     responsible for determinations regarding promotion of members 
     of the Armed Forces shall carry out subsection (a) in 
     accordance with guidance issued by the Secretary of the 
     military department concerned for purposes of this section. 
     Such guidance shall specify the extent of the priority and 
     emphasis to be afforded by promotion selection boards and 
     such personnel in the promotion of members, and the manner in 
     which such priority and emphasis is to be afforded.
                                 ______
                                 
  SA 1857. Mr. BRAUN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 V, add the following:

[[Page S3382]]

  


     SEC. ___. TERMINATION OF EFFECTIVENESS OF REGULATIONS 
                   PROHIBITING AWARD OF COMBAT-RELATED DECORATIONS 
                   TO MEMBERS OF THE ARMED FORCES SUBJECT TO 
                   SUSPENSION OF FAVORABLE PERSONNEL ACTIONS.

       Commencing not later than 90 days after the date of the 
     enactment of this Act--
       (1) any regulation or policy of the Department of Defense 
     or a military department that prohibits or limits the 
     presentation or award of a combat-related decoration to a 
     member of the Armed Forces who is subject to suspension of 
     favorable personnel actions (commonly referred to as 
     ``flagging'') shall cease to be in effect; and
       (2) combat-related decorations shall be presented or 
     awarded to members of the Armed Forces who are subject to a 
     suspension of favorable personnel actions without regard to 
     such regulation or policy as if such members were not such to 
     a suspension of favorable personnel actions.
                                 ______
                                 
  SA 1858. Mr. BRAUN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. __. BENEFITS FOR ELIGIBLE DESCENDANTS OF VETERANS 
                   EXPOSED TO HERBICIDE AGENTS.

       (a) In General.--Chapter 18 of title 38, United States 
     Code, is amended to read as follows:

``CHAPTER 18--BENEFITS FOR ELIGIBLE DESCENDANTS OF VETERANS EXPOSED TO 
                            HERBICIDE AGENTS

``Chapter 18--Benefits for Eligible Descendants of Veterans Exposed to 
                            Herbicide Agents

``Sec. 1801. Definitions.

 ``subchapter i--eligible descendants of veterans exposed to herbicide 
                     agents born with spina bifida

``Sec. 1811. Eligibility.
``Sec. 1812. Health care.
``Sec. 1813. Vocational training.
``Sec. 1814. Monetary allowance.

   ``subchapter ii--eligible descendants of women veterans exposed to 
            herbicide agents born with certain birth defects

``Sec. 1821. Eligibility; definition.
``Sec. 1822. Covered birth defects.
``Sec. 1823. Health care.
``Sec. 1824. Vocational training.
``Sec. 1825. Monetary allowance.
``Sec. 1826. Regulations.

                    ``subchapter iii--administration

``Sec. 1831. Determination of eligibility.
``Sec. 1832. Care coordinators for eligible descendants.
``Sec. 1833. Duration of health care and benefits provided.
``Sec. 1834. Applicability of certain administrative provisions.
``Sec. 1835. Treatment of receipt of monetary allowance and other 
              benefits.
``Sec. 1836. Nonduplication of benefits.

     ``Sec. 1801. Definitions

       ``In this chapter:
       ``(1) Covered birth defect.--The term `covered birth 
     defect' means a birth defect identified by the Secretary 
     under section 1822 of this title.
       ``(2) Covered veteran.--The term `covered veteran' means an 
     individual who--
       ``(A) served in the active military, naval, or air service, 
     without regard to the characterization of that individual's 
     service; and
       ``(B) is determined by the Secretary, in consultation with 
     the Secretary of Defense, to have been exposed to a herbicide 
     agent during such service.
       ``(3) Eligible descendant.--The term `eligible descendant' 
     means--
       ``(A) for purposes of eligibility for health care and 
     benefits under subchapter I, an individual described in 
     section 1811 of this title; and
       ``(B) for purposes of eligibility for health care and 
     benefits under subchapter II, an individual described in 
     section 1821(a) of this title.
       ``(4) Facility of the department.--The term `facility of 
     the Department' has the meaning given the term `facilities of 
     the Department' in section 1701 of this title.
       ``(5) Herbicide agent.--The term `herbicide agent' means a 
     chemical in a herbicide used in support of United States and 
     allied military operations, as determined by the Secretary in 
     consultation with the Secretary of Defense.

 ``SUBCHAPTER I--ELIGIBLE DESCENDANTS OF VETERANS EXPOSED TO HERBICIDE 
                     AGENTS BORN WITH SPINA BIFIDA

     ``Sec. 1811. Eligibility

       ``For purposes of this subchapter, an eligible descendant 
     is an individual, regardless of age or marital status, who--
       ``(1)(A)(i) is the natural child of a covered veteran; and
       ``(ii) was conceived after the date on which that veteran 
     first was exposed to a herbicide agent during service in the 
     active military, naval, or air service; or
       ``(B) is the natural child of an individual described in 
     subparagraph (A); and
       ``(2) was born with any form or manifestation of spina 
     bifida, except spina bifida occulta.

     ``Sec. 1812. Health care

       ``(a) In General.--In accordance with regulations 
     prescribed by the Secretary, the Secretary shall provide an 
     eligible descendant with health care under this section.
       ``(b) Provision of Care.-- The Secretary shall provide 
     health care under this section--
       ``(1) through facilities of the Department; or
       ``(2) by contract or other arrangement with any health care 
     provider, as coordinated by the care coordinator assigned 
     under section 1832 of this title for the eligible descendant.
       ``(c) Definitions.--In this section:
       ``(1) Health care.--The term `health care'--
       ``(A) means home care, hospital care, nursing home care, 
     outpatient care, preventive care, habilitative and 
     rehabilitative care, case management, and respite care; and
       ``(B) includes--
       ``(i) the training of appropriate members of an eligible 
     descendant's family or household in the care of the 
     descendant; and
       ``(ii) the provision of such pharmaceuticals, supplies, 
     equipment, devices, appliances, assistive technology, direct 
     transportation costs to and from approved sources of health 
     care, and other materials as the Secretary determines 
     necessary.
       ``(2) Habilitative and rehabilitative care.--The term 
     `habilitative and rehabilitative care' means such 
     professional, counseling, and guidance services and treatment 
     programs (other than vocational training under section 1813 
     of this title) as are necessary to develop, maintain, or 
     restore, to the maximum extent practicable, the functioning 
     of a disabled person.
       ``(3) Health care provider.--The term `health care 
     provider' includes specialized spina bifida clinics, health 
     care plans, insurers, organizations, institutions, and any 
     other entity or individual furnishing health care services 
     that the Secretary determines are authorized under this 
     section.
       ``(4) Home care.--The term `home care' means outpatient 
     care, habilitative and rehabilitative care, preventive health 
     services, and health-related services furnished to an 
     individual in the individual's home or other place of 
     residence, including assistance with activities of daily 
     living and instrumental activities of daily living.
       ``(5) Hospital care.--The term `hospital care' means care 
     and treatment for a disability furnished to an individual who 
     has been admitted to a hospital as a patient.
       ``(6) Nursing home care.--The term `nursing home care' 
     means care and treatment for a disability furnished to an 
     individual who has been admitted to a nursing home as a 
     resident.
       ``(7) Outpatient care.--The term `outpatient care' means 
     care and treatment of a disability, and preventive health 
     services, furnished to an individual other than hospital care 
     or nursing home care.
       ``(8) Preventive care.--The term `preventive care' means 
     care and treatment furnished to prevent disability or 
     illness, including periodic examinations, immunizations, 
     patient health education, and such other services as the 
     Secretary determines necessary to provide effective and 
     economical preventive health care.
       ``(9) Respite care.--The term `respite care' means care 
     furnished on an intermittent basis for a limited period to an 
     individual who resides primarily in a private residence when 
     such care will help the individual to continue residing in 
     such private residence.

     ``Sec. 1813. Vocational training

       ``(a) Authority.--Pursuant to regulations prescribed by the 
     Secretary, the Secretary may provide vocational training 
     under this section to an eligible descendant if the Secretary 
     determines that the achievement of a vocational goal by such 
     descendant is reasonably feasible.
       ``(b) Program Design.--Any program of vocational training 
     for an eligible descendant under this section shall--
       ``(1) be designed in consultation with the descendant in 
     order to meet the descendant's individual needs;
       ``(2) be set forth in an individualized written plan of 
     vocational rehabilitation; and
       ``(3) be designed and developed before the date specified 
     in subsection (d)(3) so as to permit the beginning of the 
     program as of such date.
       ``(c) Program Elements.--
       ``(1) In general.--A vocational training program for an 
     eligible descendant under this section--
       ``(A) shall consist of such vocationally oriented services 
     and assistance, including such placement and post-placement 
     services and personal and work adjustment training, as the 
     Secretary determines are necessary to enable the descendant 
     to prepare for and participate in vocational training or 
     employment; and
       ``(B) may include a program of education at an institution 
     of higher learning if the Secretary determines that the 
     program of education is predominantly vocational in content.
       ``(2) Exclusions.-- A vocational training program under 
     this section may not include the provision of any loan or 
     subsistence allowance or any automobile adaptive equipment.
       ``(d) Program Duration.--
       ``(1) In general.--Except as provided in paragraph (2) and 
     subject to subsection (e)(2),

[[Page S3383]]

     a vocational training program under this section may not 
     exceed 24 months.
       ``(2) Extensions.--The Secretary may grant an extension of 
     a vocational training program for an eligible descendant 
     under this section for up to 24 additional months if the 
     Secretary determines that the extension is necessary in order 
     for the descendant to achieve a vocational goal identified 
     (before the end of the first 24 months of such program) in 
     the written plan of vocational rehabilitation formulated for 
     the descendant pursuant to subsection (b).
       ``(3) Commencement.--A vocational training program under 
     this section may begin on the eligible descendant's 18th 
     birthday, or on the successful completion of the descendant's 
     secondary schooling, whichever first occurs, except that, if 
     the descendant is above the age of compulsory school 
     attendance under applicable State law and the Secretary 
     determines that the descendant's best interests will be 
     served thereby, the vocational training program may begin 
     before the descendant's 18th birthday.
       ``(e) Relationship to Other Programs.--
       ``(1) In general.--An eligible descendant who is pursuing a 
     program of vocational training under this section and is also 
     eligible for assistance under a program under chapter 35 of 
     this title may not receive assistance under both such 
     programs concurrently. The descendant shall elect (in such 
     form and manner as the Secretary may prescribe) the program 
     under which the descendant is to receive assistance.
       ``(2) Aggregate period.--The aggregate period for which an 
     eligible descendant may receive assistance under this section 
     and chapter 35 of this title may not exceed 48 months (or the 
     part-time equivalent thereof).

     ``Sec. 1814. Monetary allowance

       ``(a) Monetary Allowance.--The Secretary shall pay a 
     monthly allowance under this section to an eligible 
     descendant for any disability resulting from spina bifida 
     suffered by such descendant.
       ``(b) Schedule for Rating of Disabilities.--
       ``(1) In general.--The amount of the allowance paid to an 
     eligible descendant under this section shall be based on the 
     degree of disability suffered by the descendant, as 
     determined in accordance with such schedule for rating 
     disabilities resulting from spina bifida as the Secretary may 
     prescribe.
       ``(2) Levels of disability.--The Secretary shall, in 
     prescribing the rating schedule for purposes of this section, 
     establish three levels of disability upon which the amount of 
     the allowance provided by this section shall be based.
       ``(c) Amount of Monthly Allowance.--
       ``(1) In general.--The amounts of the allowance shall be 
     $200 per month for the lowest level of disability prescribed, 
     $700 per month for the intermediate level of disability 
     prescribed, and $1,200 per month for the highest level of 
     disability prescribed.
       ``(2) Adjustment.--Amounts under paragraph (1) are subject 
     to adjustment under section 5312 of this title.

  ``SUBCHAPTER II--ELIGIBLE DESCENDANTS OF WOMEN VETERANS EXPOSED TO 
            HERBICIDE AGENTS BORN WITH CERTAIN BIRTH DEFECTS

     ``Sec. 1821. Eligibility; definition

       ``(a) Eligibility.--For purposes of this subchapter, an 
     eligible descendant is an individual, regardless of age or 
     marital status, who--
       ``(1)(A)(i) is the natural child of a covered woman 
     veteran; and
       ``(ii) was conceived after the date on which that veteran 
     first was exposed to a herbicide agent during service in the 
     active military, naval, or air service; or
       ``(B) is the natural child of an individual described in 
     subparagraph (A); and
       ``(2) was born with one or more covered birth defects.
       ``(b) Covered Woman Veteran Defined.--In this subchapter, 
     the term `covered woman veteran' means a covered veteran who 
     is a woman.

     ``Sec. 1822. Covered birth defects

       ``(a) Identification.--The Secretary shall identify the 
     birth defects of eligible descendants that--
       ``(1) are associated with the service of covered woman 
     veterans; and
       ``(2) result in permanent physical or mental disability.
       ``(b) Exclusions.--The birth defects identified under 
     subsection (a) may not include birth defects resulting from 
     the following:
       ``(1) A familial disorder.
       ``(2) A birth-related injury.
       ``(3) A fetal or neonatal infirmity with well-established 
     causes.
       ``(c) Other Cause.--In any case where affirmative evidence 
     establishes that a covered birth defect of an eligible 
     descendant results from a cause other than the active 
     military, naval, or air service of a covered woman veteran, 
     no benefits or assistance may be provided the descendant 
     under this subchapter.

     ``Sec. 1823. Health care

       ``(a) Needed Care.--The Secretary shall provide an eligible 
     descendant such health care as the Secretary determines is 
     needed by the descendant for that descendant's covered birth 
     defects or any disability that is associated with those birth 
     defects.
       ``(b) Provision of Care.--The Secretary shall provide 
     health care under this section--
       ``(1) through facilities of the Department; or
       ``(2) by contract or other arrangement with a health care 
     provider, as coordinated by the care coordinator assigned 
     under section 1832 of this title for the eligible descendant.
       ``(c) Definitions.--For purposes of this section, the 
     definitions in section 1812(c) of this title shall apply with 
     respect to the provision of health care under this section, 
     except that for such purposes--
       ``(1) the reference to `vocational training under section 
     1813 of this title' in paragraph (2) of that section shall be 
     treated as a reference to vocational training under section 
     1824 of this title; and
       ``(2) the reference to `specialized spina bifida clinic' in 
     paragraph (3) of that section shall be treated as a reference 
     to a specialized clinic treating the birth defect concerned 
     under this section.

     ``Sec. 1824. Vocational training

       ``(a) Authority.--The Secretary may provide a program of 
     vocational training to an eligible descendant if the 
     Secretary determines that the achievement of a vocational 
     goal by the descendant is reasonably feasible.
       ``(b) Applicable Provisions.-- Subsections (b) through (e) 
     of section 1813 of this title shall apply with respect to any 
     program of vocational training provided under subsection (a).

     ``Sec. 1825. Monetary allowance

       ``(a) Monetary Allowance.--The Secretary shall pay a 
     monthly allowance to any eligible descendant for any 
     disability resulting from the covered birth defects of that 
     descendant.
       ``(b) Schedule for Rating of Disabilities.--
       ``(1) In general.--The amount of the monthly allowance paid 
     under this section shall be based on the degree of disability 
     suffered by the eligible descendant concerned, as determined 
     in accordance with a schedule for rating disabilities 
     resulting from covered birth defects that is prescribed by 
     the Secretary.
       ``(2) Levels of disability.--In prescribing a schedule for 
     rating disabilities for purposes of this section, the 
     Secretary shall establish four levels of disability upon 
     which the amount of the allowance provided by this section 
     shall be based. The levels of disability established may take 
     into account functional limitations, including limitations on 
     cognition, communication, motor abilities, activities of 
     daily living, and employability.
       ``(c) Amount of Monthly Allowance.--The amount of the 
     monthly allowance paid under this section shall be as 
     follows:
       ``(1) In the case of an eligible descendant suffering from 
     the lowest level of disability prescribed in the schedule for 
     rating disabilities under subsection (b), $100.
       ``(2) In the case of an eligible descendant suffering from 
     the lower intermediate level of disability prescribed in the 
     schedule for rating disabilities under subsection (b), the 
     greater of--
       ``(A) $214; or
       ``(B) the monthly amount payable under section 1814(c) of 
     this title for the lowest level of disability prescribed for 
     purposes of that section.
       ``(3) In the case of an eligible descendant suffering from 
     the higher intermediate level of disability prescribed in the 
     schedule for rating disabilities under subsection (b), the 
     greater of--
       ``(A) $743; or
       ``(B) the monthly amount payable under section 1814(c) of 
     this title for the intermediate level of disability 
     prescribed for purposes of that section.
       ``(4) In the case of an eligible descendant suffering from 
     the highest level of disability prescribed in the schedule 
     for rating disabilities under subsection (b), the greater 
     of--
       ``(A) $1,272; or
       ``(B) the monthly amount payable under section 1814(c) of 
     this title for the highest level of disability prescribed for 
     purposes of that section.
       ``(d) Indexing to Social Security Benefit Increases.--
     Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of 
     subsection (c) shall be subject to adjustment from time to 
     time under section 5312 of this title.

     ``Sec. 1826. Regulations

       ``The Secretary shall prescribe regulations for purposes of 
     the administration of this subchapter.

                    ``SUBCHAPTER III--ADMINISTRATION

     ``Sec. 1831. Determination of eligibility

       ``(a) Notification.--Each director of a facility of the 
     Department shall notify each covered veteran who receives 
     care at the facility of the health care and benefits 
     available to eligible descendants under this chapter.
       ``(b) Medical Evaluation.--
       ``(1) In general.--The Secretary shall ensure that each 
     descendant of a covered veteran who seeks health care or 
     benefits under this chapter receives a medical evaluation 
     conducted at a facility of the Department.
       ``(2) Determination.--Each director of a facility at which 
     a medical evaluation for a descendant is conducted under 
     paragraph (1) shall determine whether such descendant is 
     eligible for health care or benefits under this chapter.

     ``Sec. 1832. Care coordinators for eligible descendants

       ``(a) Assignment.--
       ``(1) In general.--If a director of a facility of the 
     Department determines that a descendant of a covered veteran 
     is eligible for health care and benefits under this chapter 
     under section 1831(b)(2), except as provided in

[[Page S3384]]

     paragraph (2), the director shall assign to the eligible 
     descendant a social worker or registered nurse employed by 
     the Department at the facility to serve as the care 
     coordinator for the descendant.
       ``(2) Alternate location.--If another facility of the 
     Department is more geographically convenient for an eligible 
     descendant than the facility at which the descendant received 
     a medical evaluation under section 1831(b)(1), the director 
     of such other facility shall assign to the descendant a 
     social worker or registered nurse employed by the Department 
     at the facility to serve as the care coordinator for the 
     descendant.
       ``(b) Functions.--
       ``(1) In general.--A care coordinator assigned under 
     subsection (a) shall ensure that each eligible descendant to 
     which the care coordinator is assigned receives all health 
     care, vocational training, and monetary compensation for 
     which the descendant is eligible.
       ``(2) Home modifications and equipment.--A care coordinator 
     assigned under subsection (a) shall ensure that, for each 
     eligible descendant to which the care coordinator is 
     assigned--
       ``(A) any home modifications that the care coordinator 
     determines are necessary, in consultation with the primary 
     care provider and physical therapist of the descendant, are 
     completed; and
       ``(B) any durable medical equipment that the care 
     coordinator determines is required, in consultation with the 
     primary care provider and physical therapist of the 
     descendant, is provided.
       ``(3) Home visits.--A care coordinator assigned under 
     subsection (a) shall conduct not fewer than two home visits 
     each year for each eligible descendant to which the care 
     coordinator is assigned--
       ``(A) to evaluate the support and care being provided; and
       ``(B) to make improvements as needed.
       ``(4) Arrangements with health care providers.--
       ``(A) In general.--A care coordinator assigned under 
     subsection (a) shall ensure that each eligible descendant to 
     which the care coordinator is assigned is connected with 
     appropriate health care--
       ``(i) by locating health care providers;
       ``(ii) by educating those providers about the health care 
     and benefits provided to eligible descendants under this 
     chapter; and
       ``(iii) by arranging health care for the descendant from 
     those providers.
       ``(B) Health care included.--Health care arranged under 
     subparagraph (A)(iii) shall include such in-home support as 
     an eligible descendant may need for assistance in completing 
     all activities of daily living.
       ``(5) Administrative responsibilities.--
       ``(A) In general.--A care coordinator assigned under 
     subsection (a) shall ensure, with respect to each eligible 
     descendant to which the care coordinator is assigned, any 
     necessary preauthorizations, payments to providers, and 
     travel reimbursements are completed in a timely manner.
       ``(B) Resolution of issues.--The care coordinator shall 
     work with the eligible descendant and the office of the 
     Department that administers health care and benefits under 
     this chapter to resolve any issues relating to the matters 
     described in subparagraph (A).
       ``(6) Assignment of fiduciary.--If the Under Secretary for 
     Benefits determines that a fiduciary is required for an 
     eligible descendant for purposes of managing compensation 
     provided under section 1814 or 1825 of this title, the care 
     coordinator assigned to the descendant under subsection (a) 
     shall ensure that the descendant has such a fiduciary.
       ``(c) Local Contract Care Coordinator.--
       ``(1) In general.--In the case of an eligible descendant 
     who lives a significant driving distance from a facility of 
     the Department, the care coordinator assigned to the 
     descendant under subsection (a) may arrange for a local 
     contract care coordinator to coordinate care for the 
     descendant from sources other than a facility of the 
     Department.
       ``(2) Oversight.--Each care coordinator who arranges for a 
     local contract care coordinator under paragraph (1) shall 
     oversee the local contract care coordinator, including 
     through home visits required by subsection (b)(3).
       ``(d) Performance and Effectiveness.--Each director of a 
     facility of the Department at which a care coordinator 
     assigned under subsection (a) is located shall be responsible 
     for the performance and effectiveness of the care 
     coordinator.

     ``Sec. 1833. Duration of health care and benefits provided

       ``The Secretary shall provide an eligible descendant with 
     health care and benefits under this chapter--
       ``(1) for the duration of the life of the descendant; and
       ``(2) notwithstanding any death of a parent of the 
     descendant that precedes the death of the descendant.

     ``Sec. 1834. Applicability of certain administrative 
       provisions

       ``(a) Applicability of Certain Provisions Relating to 
     Compensation.--The provisions of this title specified in 
     subsection (b) apply with respect to benefits and assistance 
     under this chapter in the same manner as those provisions 
     apply to compensation paid under chapter 11 of this title.
       ``(b) Specified Provisions.--The provisions of this title 
     referred to in subsection (a) are the following:
       ``(1) Section 5101(c).
       ``(2) Subsections (a), (b)(3), (g), and (i) of section 
     5110.
       ``(3) Section 5111.
       ``(4) Subsection (a) and paragraphs (1), (6), (9), and (10) 
     of subsection (b) of section 5112.

     ``Sec. 1835. Treatment of receipt of monetary allowance and 
       other benefits

       ``(a) Coordination With Other Benefits Paid to the 
     Recipient.--Notwithstanding any other provision of law, 
     receipt by an individual of a monetary allowance under this 
     chapter shall not impair, infringe, or otherwise affect the 
     right of the individual to receive any other benefit to which 
     the individual is otherwise entitled under any law 
     administered by the Secretary.
       ``(b) Coordination With Benefits Based on Relationship of 
     Recipients.--Notwithstanding any other provision of law, 
     receipt by an individual of a monetary allowance under this 
     chapter shall not impair, infringe, or otherwise affect the 
     right of any other individual to receive any benefit to which 
     such other individual is entitled under any law administered 
     by the Secretary based on the relationship of such other 
     individual to the individual who receives such monetary 
     allowance.
       ``(c) Monetary Allowance Not to Be Considered as Income or 
     Resources for Certain Purposes.--Notwithstanding any other 
     provision of law, a monetary allowance paid an individual 
     under this chapter shall not be considered as income or 
     resources in determining eligibility for, or the amount of 
     benefits under, any Federal or federally assisted program.

     ``Sec. 1836. Nonduplication of benefits

       ``(a) Monetary Allowance.--In the case of an eligible 
     descendant under subchapter II of this chapter whose only 
     covered birth defect is spina bifida, a monetary allowance 
     shall be paid under subchapter I of this chapter. In the case 
     of an eligible descendant under subchapter II of this chapter 
     who has spina bifida and one or more additional covered birth 
     defects, a monetary allowance shall be paid under subchapter 
     II of this chapter.
       ``(b) Vocational Training.--An individual may only be 
     provided one program of vocational training under this 
     chapter.''.
       (b) Conforming Amendments.--Such title is further amended--
       (1) in section 5312, by striking ``1805'' both places it 
     appears and inserting ``1814''; and
       (2) in section 1116B(c), by striking ``has the meaning 
     given such term in section 1821(d) of this title'' and 
     inserting ``means a chemical in a herbicide used in support 
     of United States and allied military operations in or near 
     the Korean demilitarized zone, as determined by the Secretary 
     in consultation with the Secretary of Defense, during the 
     period beginning on September 1, 1967, and ending on August 
     31, 1971''.
                                 ______
                                 
  SA 1859. Ms. WARREN (for herself, Ms. Collins, Mr. King, Mr. Daines, 
Mr. Brown, Mr. Cornyn, Ms. Hassan, Mr. Cramer, Mr. Merkley, Ms. 
McSally, Mr. Blumenthal, Mr. Menendez, Mr. Jones, Ms. Klobuchar, Mr. 
Booker, Ms. Baldwin, Ms. Stabenow, Mr. Markey, Mr. Hoeven, and Mr. 
Casey) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 V, add the following:

     SEC. 553. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS 
                   WHO SERVED IN UNITED STATES CADET NURSE CORPS 
                   DURING WORLD WAR II.

       (a) Determination of Active Military Service.--
       (1) In general.--The Secretary of Defense shall be deemed 
     to have determined under subparagraph (A) of section 
     401(a)(1) of the GI Bill Improvement Act of 1977 (Public Law 
     95-202; 38 U.S.C. 106 note) that the service of the 
     organization known as the United States Cadet Nurse Corps 
     during the period beginning on July 1, 1943, and ending on 
     December 31, 1948, constitutes active military service.
       (2) Issuance of discharge.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall, 
     pursuant to subparagraph (B) of such section, issue to each 
     member of such organization a discharge from service of such 
     organization under honorable conditions where the nature and 
     duration of the service of such member so warrants.
       (b) Benefits.--
       (1) Status as a veteran.--Except as otherwise provided in 
     this subsection, an individual who receives a discharge under 
     subsection (a)(2) for service shall be honored as a veteran 
     but shall not be entitled by reason of such service to any 
     benefit under a law administered by the Secretary of Veterans 
     Affairs.
       (2) Burial benefits.--Service for which an individual 
     receives a discharge under subsection (a)(2) shall be 
     considered service in the active military, naval, or air 
     service (as defined in section 101 of title 38, United States 
     Code) for purposes of eligibility and

[[Page S3385]]

     entitlement to benefits under chapters 23 and 24 of title 38, 
     United States Code (other than section 2410 of that title).
       (3) Medals or other commendations.--The Secretary of 
     Defense may design and produce a service medal or other 
     commendation to honor individuals who receive a discharge 
     under subsection (a)(2).
                                 ______
                                 
  SA 1860. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 V, insert the following:

     SEC. ___. RESCISSION OF MEDALS OF HONOR AWARDED FOR ACTS AT 
                   WOUNDED KNEE CREEK ON DECEMBER 29, 1890.

       (a) In General.--Each Medal of Honor awarded for acts at 
     Wounded Knee Creek, Lakota Pine Ridge Indian Reservation, 
     South Dakota, on December 29, 1890, is rescinded.
       (b) Medal of Honor Roll.--The Secretary concerned shall 
     remove the name of each individual awarded a Medal of Honor 
     for acts described in subsection (a) from the Army, Navy, Air 
     Force, and Coast Guard Medal of Honor Roll maintained under 
     section 1134a of title 10, United States Code.
       (c) Return of Medal Not Required.--No person may be 
     required to return to the Federal Government a Medal of Honor 
     rescinded under subsection (a).
       (d) No Denial of Benefits.--This Act shall not be construed 
     to deny any individual any benefit from the Federal 
     Government.
                                 ______
                                 
  SA 1861. Mr. REED (for himself and Mr. Tester) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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 X, add the following:

     SEC. __. LEGAL ASSISTANCE FOR VETERANS AND SURVIVING SPOUSES 
                   AND DEPENDENTS.

       (a) Availability of Legal Assistance at Facilities of 
     Department of Veterans Affairs.--
       (1) In general.--Chapter 59 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 5906. Availability of legal assistance at Department 
       facilities

       ``(a) In General.--Not less frequently than three times 
     each year, the Secretary shall facilitate the provision by a 
     qualified legal assistance clinic of pro bono legal 
     assistance described in subsection (c) to eligible 
     individuals at not fewer than one medical center of the 
     Department of Veterans Affairs, or such other facility of the 
     Department as the Secretary considers appropriate, in each 
     State.
       ``(b) Eligible Individuals.--For purposes of this section, 
     an eligible individual is--
       ``(1) any veteran;
       ``(2) any surviving spouse; or
       ``(3) any child of a veteran who has died.
       ``(c) Pro Bono Legal Assistance Described.--The pro bono 
     legal assistance described in this subsection is the 
     following:
       ``(1) Legal assistance with any program administered by the 
     Secretary.
       ``(2) Legal assistance associated with--
       ``(A) improving the status of a military discharge or 
     characterization of service in the Armed Forces, including 
     through a discharge review board; or
       ``(B) seeking a review of a military record before a board 
     of correction for military or naval records.
       ``(3) Such other legal assistance as the Secretary--
       ``(A) considers appropriate; and
       ``(B) determines may be needed by eligible individuals.
       ``(d) Limitation on Use of Facilities.--Space in a medical 
     center or facility designated under subsection (a) shall be 
     reserved for and may only be used by the following, subject 
     to review and removal from participation by the Secretary:
       ``(1) A veterans service organization or other nonprofit 
     organization.
       ``(2) A legal assistance clinic associated with an 
     accredited law school.
       ``(3) A legal services organization.
       ``(4) A bar association.
       ``(5) Such other attorneys and entities as the Secretary 
     considers appropriate.
       ``(e) Legal Assistance in Rural Areas.--In carrying out 
     this section, the Secretary shall ensure that pro bono legal 
     assistance is provided under subsection (a) in rural areas.
       ``(f) Definition of Veterans Service Organization.--The 
     term `veterans service organization' means any organization 
     recognized by the Secretary for the representation of 
     veterans under section 5902 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 59 of such title is amended by adding at 
     the end the following new item:

``5906. Availability of legal assistance at Department facilities.''.
       (b) Pilot Program to Establish and Support Legal Assistance 
     Clinics.--
       (1) Pilot program required.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall establish a pilot program to assess the feasibility and 
     advisability of awarding grants to eligible entities to 
     establish new legal assistance clinics, or enhance existing 
     legal assistance clinics or other pro bono efforts, for the 
     provision of pro bono legal assistance described in 
     subsection (c) of section 5906 of title 38, United States 
     Code, as added by subsection (a), on a year-round basis to 
     individuals who served in the Armed Forces, including 
     individuals who served in a reserve component of the Armed 
     Forces, and who were discharged or released therefrom, 
     regardless of the conditions of such discharge or release, at 
     locations other than medical centers and facilities described 
     in subsection (a) of such section.
       (B) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to limit or affect--
       (i) the provision of pro bono legal assistance to eligible 
     individuals at medical centers and facilities of the 
     Department of Veterans Affairs under section 5906(a) of title 
     38, United States Code, as added by subsection (a); or
       (ii) any other legal assistance provided pro bono at 
     medical centers or facilities of the Department as of the 
     date of the enactment of this Act.
       (2) Eligible entities.--For purposes of the pilot program, 
     an eligible entity is--
       (A) a veterans service organization or other nonprofit 
     organization specifically focused on assisting veterans;
       (B) an entity specifically focused on assisting veterans 
     and associated with an accredited law school;
       (C) a legal services organization or bar association; or
       (D) such other type of entity as the Secretary considers 
     appropriate for purposes of the pilot program.
       (3) Locations.--The Secretary shall ensure that at least 
     one grant is awarded under paragraph (1)(A) to at least one 
     eligible entity in each State, if the Secretary determines 
     that there is such an entity in a State that has applied for, 
     and meets requirements for the award of, such a grant.
       (4) Duration.--The Secretary shall carry out the pilot 
     program during the five-year period beginning on the date on 
     which the Secretary establishes the pilot program.
       (5) Application.--An eligible entity seeking a grant under 
     the pilot program shall submit to the Secretary an 
     application therefor at such time, in such manner, and 
     containing such information as the Secretary may require.
       (6) Selection.--The Secretary shall select eligible 
     entities who submit applications under paragraph (5) for the 
     award of grants under the pilot program using a competitive 
     process that takes into account the following:
       (A) Capacity of the applicant entity to serve veterans and 
     ability of the entity to provide sound legal advice.
       (B) Demonstrated need of the veteran population the 
     applicant entity would serve.
       (C) Demonstrated need of the applicant entity for 
     assistance from the grants.
       (D) Geographic diversity of applicant entities.
       (E) Such other criteria as the Secretary considers 
     appropriate.
       (7) Grantee reports.--Each recipient of a grant under the 
     pilot program shall, in accordance with such criteria as the 
     Secretary may establish, submit to the Secretary a report on 
     the activities of the recipient and how the grant amounts 
     were used.
       (c) Review of Pro Bono Eligibility of Federal Workers.--
       (1) In general.--The Secretary shall, in consultation with 
     the Attorney General and the Director of the Office of 
     Government Ethics, conduct a review of the rules and 
     regulations governing the circumstances under which attorneys 
     employed by the Federal Government can provide pro bono legal 
     assistance.
       (2) Recommendations.--In conducting the review required by 
     paragraph (1), the Secretary shall develop recommendations 
     for such legislative or administrative action as the 
     Secretary considers appropriate to facilitate greater 
     participation by Federal employees in pro bono legal and 
     other volunteer services for veterans.
       (3) Submittal to congress.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the appropriate committees of Congress--
       (A) the findings of the Secretary with respect to the 
     review conducted under paragraph (1); and
       (B) the recommendations developed by the Secretary under 
     paragraph (2).
       (d) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the status of 
     the implementation of this section.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--

[[Page S3386]]

       (A) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) Veterans service organization.--The term ``veterans 
     service organization'' means any organization recognized by 
     the Secretary for the representation of veterans under 
     section 5902 of title 38, United States Code.
                                 ______
                                 
  SA 1862. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X of division A, add the 
     following:

     SEC. 1035. ANTI-MONEY LAUNDERING AND COMBATING THE FINANCING 
                   OF TERRORISM.

       (a) In General.--The Secretary of the Treasury, in 
     cooperation with the Secretary of State, the Secretary of 
     Defense, the Director of National Intelligence, and the head 
     of any other relevant Federal department or agency shall--
       (1) develop United States Government-wide indicators--
       (A) to more systematically assess the impact of and improve 
     anti-money laundering and combating the financing of 
     terrorism assistance and capacity building efforts with 
     foreign allies and partners;
       (B) to improve internal government coordination across 
     relevant Federal departments and agencies; and
       (C) to assess and improve coordination and cooperation with 
     allies and partners regarding anti-money laundering and 
     combating the financing of terrorism efforts; and
       (2) identify any additional authorities or resources 
     required to carry out paragraph (1).
       (b) Plan.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Treasury, in 
     coordination with the Secretary of State, the Secretary of 
     Defense, the Director of National Intelligence, and 
     appropriate departments and agencies, shall submit a plan for 
     carrying out subsection (a) to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate, the Committee on 
     Foreign Relations of the Senate, the Committee on Armed 
     Services of the Senate, the Select Committee on Intelligence 
     of the Senate, the Committee on the Judiciary of the Senate, 
     the Committee on Financial Services of the House of 
     Representatives, the Committee on Foreign Affairs of the 
     House of Representatives, the Committee on Armed Services of 
     the House of Representatives, the Permanent Select Committee 
     on Intelligence of the House of Representatives, and the 
     Committee on the Judiciary of the House of Representatives.
       (c) Report.--The Secretary of the Treasury, in coordination 
     with the Secretary of State, the Secretary of Defense, the 
     Director of National Intelligence, and the heads of other 
     appropriate Federal departments and agencies, shall include, 
     in the first National Strategy for Combating Terrorist and 
     Other Illicit Financing issued after the date of the 
     enactment of this Act, a description of--
       (1) the status of the development and adoption of 
     government-wide indicators referred to in subsection (a)(1); 
     and
       (2) any additional authorities or resources required to 
     carry out subsection (a)(1).
                                 ______
                                 
  SA 1863. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. PROVISION OF ASSISTANCE BY COMMITTEE ON FOREIGN 
                   INVESTMENT IN THE UNITED STATES TO ALLIES AND 
                   PARTNERS WITH RESPECT TO REVIEWING FOREIGN 
                   INVESTMENT.

       Section 721(c)(3) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(c)(3)) is amended--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--The chairperson, in the discretion of 
     the chairperson and in consultation with other members of the 
     Committee, should, to protect the national security of the 
     United States and countries that are allies or partners of 
     the United States, establish a formal process for--
       ``(i) the exchange of information under paragraph (2)(C) 
     with the governments of such countries; and
       ``(ii) the provision of assistance to those countries with 
     respect to--

       ``(I) reviewing foreign investment transactions in such 
     countries;
       ``(II) determining the beneficial ownership of parties to 
     such transactions; and
       ``(III) identifying trends in investment and technology 
     that could pose risks to the national security of the United 
     States and such countries.''; and

       (2) in subparagraph (B)--
       (A) in clause (ii), by striking ``; and'' and inserting a 
     semicolon;
       (B) by redesignating clause (iii) as clause (iv); and
       (C) by inserting after clause (ii) the following:
       ``(iii) provide for the provision of assistance to support 
     those countries to review foreign investment transactions in 
     such countries and determine the beneficial ownership of the 
     parties to such transactions; and''.
                                 ______
                                 
  SA 1864. Mr. REED (for himself, Mr. Tester, and Mr. Whitehouse) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. ENHANCEMENTS TO PROTECTIONS ACCORDED SERVICEMEMBERS 
                   WITH RESPECT TO RESIDENTIAL LEASES.

       (a) Termination of Residential Leases.--
       (1) In general.--Section 305 of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3955) is amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) in the case of a lease described in subsection (b)(1) 
     and subparagraph (C) of such subsection, the date the lessee 
     is assigned to or otherwise relocates to quarters or a 
     housing facility as described in such subparagraph.''; and
       (B) in subsection (b)(1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) the lease is executed by or on behalf of a person who 
     thereafter and during the term of the lease is assigned to or 
     otherwise relocates to quarters of the United States or a 
     housing facility under the jurisdiction of a uniformed 
     service (as defined in section 101 of title 37, United States 
     Code), including housing provided under the Military Housing 
     Privatization Initiative.''.
       (2) Manner of termination.--Subsection (c)(1) of such 
     section is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``in the case of a lease described in 
     subsection (b)(1) and subparagraph (A) or (B) of such 
     subsection,'' before ``by delivery''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) in the case of a lease described in subsection (b)(1) 
     and subparagraph (C) of such subsection, by delivery by the 
     lessee of written notice of such termination, and a letter 
     from the servicemember's commanding officer indicating that 
     the servicemember has been assigned to or is otherwise 
     relocating to quarters of the United States or a housing 
     facility under the jurisdiction of a uniformed service (as 
     defined in section 101 of title 37, United States Code), to 
     the lessor (or the lessor's grantee), or to the lessor's 
     agent (or the agent's grantee); and''.
       (b) Definition of Military Orders, Continental United 
     States, and Permanent Change of Station for Purposes of 
     Act.--
       (1) Transfer of definitions.--Such Act is further amended 
     by transferring paragraphs (1), (2), and (3) of section 
     305(i) (50 U.S.C. 3955(i)) to the end of section 101 (50 
     U.S.C. 3911) and redesignating such paragraphs, as so 
     transferred, as paragraphs (10), (11), and (12), 
     respectively.
       (2) Conforming amendments.--Such Act is further amended--
       (A) in section 305 (50 U.S.C. 3955), as amended by 
     paragraph (1), by striking subsection (i); and
       (B) in section 705 (50 U.S.C. 4025), by striking ``or 
     naval'' both places it appears.
                                 ______
                                 
  SA 1865. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 of division A, insert 
     the following:

     SEC. __. FOREIGN NARCOTICS KINGPIN DESIGNATION ACT.

       (a) Impact Assessments.--Section 804 of the Foreign 
     Narcotics Kingpin Designation Act (21 U.S.C. 1903) is amended 
     by adding at the end the following:

[[Page S3387]]

       ``(j) Assessments.--
       ``(1) Establishment of measures.--The Secretary of the 
     Treasury, in consultation with relevant Federal departments 
     and agencies, shall establish measures for assessing the 
     impact of the public identification of foreign persons 
     subject to sanctions under subsection (b).
       ``(2) Assessments.--Not later than 2 years after the date 
     of the enactment of this subsection, and every 4 years 
     thereafter, the Secretary of the Treasury shall conduct an 
     impact assessment, based on the measures established pursuant 
     to paragraph (1), that--
       ``(A) measures the effectiveness of information sharing 
     among foreign allies and partners to enhance the 
     effectiveness of the public identifications under subsection 
     (b);
       ``(B) analyzes efforts to enhance partner capacity to 
     implement this chapter; and
       ``(C) includes recommendations on how to improve the 
     effectiveness of the sanctions pursuant to this chapter.''.
       (b) Monitoring.--Section 805(e)(1) of such Act (21 U.S.C. 
     1904(e)(1)) is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B) routine monitoring of the impact of sanctions under 
     this chapter.''.
                                 ______
                                 
  SA 1866. Mr. REED (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. INFORMATION LITERACY COMMISSION.

       (a) Establishment of Information Literacy Commission.--
       (1) Definitions.--In this section--
       (A) the term ``Co-Chairs'' means the Co-Chairs of the 
     Commission;
       (B) the term ``Commission'' means the Information Literacy 
     Commission established under this section; and
       (C) the term ``information literacy'' means the set of 
     skills needed to find, retrieve, understand, evaluate, 
     analyze, and effectively use information (which encompasses 
     spoken and broadcast words and videos, printed materials, and 
     digital content, data, and images).
       (2) Establishment.--There is established a commission to be 
     known as the ``Information Literacy Commission''.
       (3) Purpose.--The Commission shall serve to improve the 
     information literacy of servicemembers and their families and 
     other persons in the United States through the development of 
     national strategies and best practices to promote information 
     literacy.
       (b) Composition of the Commission.--
       (1) Composition.--The Commission shall be composed of the 
     following:
       (A) The Secretary of Defense, the Director of the Institute 
     of Museum and Library Services, the Secretary of Veterans 
     Affairs, the Secretary of Education, the Secretary of 
     Homeland Security, the Secretary of Health and Human 
     Services, the Secretary of the Treasury, the Secretary of 
     Commerce, the Secretary of Labor, the Secretary of State, the 
     Secretary of the Interior, the Secretary of Housing and Urban 
     Development, the Secretary of Agriculture, the Administrator 
     of the Environmental Protection Agency, the Chairman of the 
     Federal Communications Commission, the Chairman of the 
     Federal Trade Commission, the Commissioner of the Social 
     Security Administration, the United States Trade 
     Representative, the Director of the Office of Management and 
     Budget, the Director of the Consumer Financial Protection 
     Bureau, the Director of the Office of Personnel Management, 
     and the Librarian of Congress.
       (B) The heads of other Federal agencies, determined 
     appropriate by the Co-Chairs.
       (C) Six non-Federal representatives who each have expertise 
     and experience in information literacy (including evaluating 
     and verifying information) to be appointed by the Co-Chairs 
     of the Commission, three of whom shall be librarians, 
     including those from the education and information science 
     fields, and three of whom shall be selected from military 
     service organizations and veteran service organizations.
       (2) Alternates.--Each member of the Commission may 
     designate an alternate if the member is unable to attend a 
     meeting of the Commission. Such alternate shall be an 
     individual who exercises significant decisionmaking 
     authority.
       (3) Co-chairs.--The Secretary of Defense and the Director 
     of the Institute of Museum and Library Services shall serve 
     as Co-Chairs of the Commission.
       (c) Meetings.--The Commission shall hold, at the call of 
     the Co-Chairs, at least 1 meeting every 4 months. All such 
     meetings shall be open to the public. The Commission may 
     hold, at the call of the Co-Chairs, such other meetings as 
     the Co-Chairs see fit to carry out this section.
       (d) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (e) Initial Meeting.--The Commission shall hold its first 
     meeting not later than 120 days after the date of enactment 
     of this section.
       (f) Duties.--
       (1) In general.--The Commission shall take actions as it 
     determines necessary to improve and increase access to 
     information literacy skills and instruction so that 
     servicemembers and their families, veterans, children, 
     students, adults, and seniors can gain the tools needed to 
     think critically about information.
       (2) Development of policies, materials, and strategies.--
     The Commission shall develop policies, instructional 
     materials, and national strategies on information literacy--
       (A) to address the lack of access to information literacy 
     education and tools, which may not be fully integrated or 
     taught in schools, the workplace, and other aspects of life; 
     and
       (B) to address the ever-changing sources of information and 
     the constant evolution of how information is consumed and 
     utilized so that all Americans have the tools to make 
     informed decisions about their lives.
       (3) Website and toolkits.--
       (A) In general.--The Commission shall--
       (i) establish and maintain a website with the domain name 
     ``InformationLiteracy.gov'', or a similar domain name; and
       (ii) create toolkits specially designed and targeted at 
     different audiences, including servicemembers and their 
     families, veterans, children, students, adults, and seniors, 
     to help them understand, evaluate, and discern the 
     reliability and accuracy of information.
       (B) Purposes.--The website established under subparagraph 
     (A) shall--
       (i) disseminate best practices on information literacy;
       (ii) serve as a clearinghouse of information about 
     information literacy programs;
       (iii) provide a coordinated entry point for accessing 
     information about Federal publications, grants, and materials 
     promoting enhanced information literacy;
       (iv) offer information on Federal grants to promote 
     information literacy, and on how to target, apply for, and 
     receive a grant that is most appropriate under the 
     circumstances;
       (v) as the Commission considers appropriate, feature 
     website links to efforts that have no commercial content and 
     that feature information about information literacy and 
     education programs, materials, or campaigns; and
       (vi) offer such other information as the Commission finds 
     appropriate to share with the public in the fulfillment of 
     its purpose.
       (4) Emphasis.--In carrying out this section, the Commission 
     shall emphasize, at a minimum--
       (A) how to find, retrieve, understand, evaluate, analyze, 
     and effectively use information;
       (B) how to distinguish accurate information from non-
     creditable, unverified, and partial information;
       (C) how to avoid abusive, predatory, deceptive, and 
     fraudulent information, scams, and claims; and
       (D) how to equip learners at every level with strategies 
     and tools, such as a questioning approach, in order to solve 
     problems and to frame problems in ways that will assist them 
     in meeting expectations in the classroom, on the battlefield, 
     at the workplace, and in life as a whole.
       (g) Development and Dissemination.--The Commission shall--
       (1) develop materials to promote information literacy; and
       (2) disseminate such materials to the general public.
       (h) Coordination of Efforts and National Strategies.--The 
     Commission shall take such steps as are necessary to target 
     and meet the needs of different audiences, including 
     servicemembers and their families, veterans, children, 
     students, adults, and seniors, including to--
       (1) coordinate information literacy efforts at the State 
     and local level, including promoting partnerships among 
     Federal, State, local, and Tribal governments, military 
     service organizations, veteran service organizations, 
     nonprofit organizations, and private enterprises; and
       (2) develop and implement national strategies to promote 
     information literacy that would utilize the partnerships 
     described in paragraph (1), as appropriate, and provide for--
       (A) the development of methods to increase information 
     literacy;
       (B) the enhancement of the general understanding of 
     information literacy; and
       (C) the review of Federal activities designed to promote 
     information literacy and development of a plan to improve 
     coordination of such activities.
       (i) Reports.--
       (1) In general.--Not later than 18 months after the date of 
     the first meeting of the Commission, and annually thereafter, 
     the Commission shall issue a report on strategies for 
     assuring information literacy to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives on the progress of the 
     Commission in carrying out this section.
       (2) Contents.--The report required under paragraph (1) 
     shall include--
       (A) information concerning the implementation of the duties 
     of the Commission under subsection (f);
       (B) an assessment of the success of the Commission in 
     implementing the targeted

[[Page S3388]]

     national strategies developed under subsection (h);
       (C) an assessment of the availability, utilization, and 
     impact of Federal information literacy materials;
       (D) information concerning the content and public use of--
       (i) the website established under subsection (f)(3)(A)(i); 
     and
       (ii) the toolkits established under subsection 
     (f)(3)(A)(ii);
       (E) a brief survey of the information literacy materials 
     developed under subsection (g), and data regarding the 
     dissemination and impact of such materials;
       (F) a brief summary of any hearings conducted by the 
     Commission, including a list of witnesses who testified at 
     such hearings;
       (G) information about the activities of the Commission 
     planned for the next fiscal year;
       (H) a summary of all information literacy activities 
     targeted to underserved communities; and
       (I) such other materials relating to the duties of the 
     Commission as the Commission determines appropriate.
       (3) Initial report.--The initial report under paragraph (1) 
     shall include information regarding all Federal programs, 
     materials, and grants which seek to improve information 
     literacy, and assess the effectiveness of such programs.
       (j) Powers of the Commission.--
       (1) Hearings.--
       (A) In general.--The Commission shall hold such hearings, 
     sit and act at such times and places, take such testimony, 
     and receive such evidence as the Commission deems appropriate 
     to carry out this section.
       (B) Participation.--In hearings held under this subsection, 
     the Commission shall consider inviting witnesses from, among 
     other groups--
       (i) other Federal Government officials;
       (ii) State, local, and Tribal government officials;
       (iii) military service organizations;
       (iv) veteran service organizations;
       (v) information literacy experts, including librarians, 
     educators, and behavioral and data scientists;
       (vi) consumer and community groups; and
       (vii) nonprofit information literacy groups.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this section. Upon request of the Co-Chairs, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       (3) Periodic studies.--The Commission may conduct periodic 
     studies regarding the state of information literacy in the 
     United States, as the Commission determines appropriate.
       (4) Multilingual.--The Commission may take any action to 
     develop and promote information literacy and education 
     materials in languages other than English, as the Commission 
     determines appropriate, including for the website established 
     under subsection (f)(3)(A)(i), the toolkits established under 
     subsection (f)(3)(A)(ii), and the materials developed and 
     disseminated under subsection (g).
       (5) Arrangements.--The Commission may enter into 
     arrangements, including interagency agreements, grants, 
     contracts, and cooperative agreements with entities that the 
     Co-Chairs determine appropriate.
       (k) Commission Personnel Matters.--
       (1) Compensation of members.--Each member of the Commission 
     shall serve without compensation in addition to that received 
     for their service as an officer or employee of the United 
     States.
       (2) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Assistance.--
       (A) In general.--The Department of Defense shall provide 
     assistance to the Commission, upon request of the Commission, 
     without reimbursement.
       (B) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (4) Space for use of commission.--Not later than 90 days 
     after the date of the enactment of this section, the 
     Administrator of General Services, in consultation with the 
     Secretary of Defense, shall identify and make available 
     suitable excess space within the Federal space inventory to 
     house the operations of the Commission. If the Administrator 
     is not able to make such suitable excess space available 
     within such 90-day period, the Commission may lease space to 
     the extent the funds are available.
       (5) Contracting authority.--The Commission may acquire 
     administrative supplies and equipment for Commission use to 
     the extent funds are available.
       (l) Executive Director and Staff.--
       (1) Executive director.--The Commission shall appoint and 
     fix the rate of basic pay for an Executive Director in 
     accordance with section 3161 of title 5, United States Code.
       (2) Staff.--The Executive Director, with the approval of 
     the Commission, may appoint and fix the rate of basic pay for 
     additional personnel as staff of the Commission in accordance 
     with section 3161 of title 5, United States Code.
       (m) Studies by Comptroller General.--Not later than 3 years 
     after the date of enactment of this section, the Comptroller 
     General of the United States shall submit a report to 
     Congress assessing the effectiveness of the Commission in 
     promoting information literacy.
       (n) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission such sums as may be 
     necessary to carry out this section, including administrative 
     expenses of the Commission.
                                 ______
                                 
  SA 1867. Mr. REED (for himself, Mr. Inhofe, Mr. Jones, Mrs. Hyde-
Smith, and Mr. Moran) submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE 
                   RESEARCH.

       Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. 
     13503(b)) is amended by striking paragraph (3) and inserting 
     the following:
       ``(3) Established program to stimulate competitive 
     research.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Eligible jurisdiction.--The term `eligible 
     jurisdiction' means a State that is determined to be eligible 
     for a grant under this paragraph in accordance with 
     subparagraph (D).
       ``(ii) EPSCoR.--The term `EPSCoR' means the Established 
     Program to Stimulate Competitive Research operated under 
     subparagraph (B).
       ``(iii) National laboratory.--The term `National 
     Laboratory' has the meaning given the term in section 2 of 
     the Energy Policy Act of 2005 (42 U.S.C. 15801).
       ``(iv) State.--The term `State' means--

       ``(I) a State;
       ``(II) the District of Columbia;
       ``(III) the Commonwealth of Puerto Rico;
       ``(IV) Guam; and
       ``(V) the United States Virgin Islands.

       ``(B) Program operation.--The Secretary shall operate an 
     Established Program to Stimulate Competitive Research.
       ``(C) Objectives.--The objectives of EPSCoR shall be--
       ``(i) to increase the number of researchers in eligible 
     jurisdictions, especially at institutions of higher 
     education, capable of performing nationally competitive 
     science and engineering research in support of the mission of 
     the Department of Energy in the areas of applied energy 
     research, environmental management, and basic science;
       ``(ii) to improve science and engineering research and 
     education programs at institutions of higher education in 
     eligible jurisdictions and enhance the capabilities of 
     eligible jurisdictions to develop, plan, and execute research 
     that is competitive, including through investing in research 
     equipment and instrumentation; and
       ``(iii) to increase the probability of long-term growth of 
     competitive funding to eligible jurisdictions.
       ``(D) Eligible jurisdictions.--
       ``(i) In general.--The Secretary may establish criteria for 
     determining whether a State is eligible for a grant under 
     this paragraph.
       ``(ii) Requirement.--Except as provided in clause (iii), in 
     establishing criteria under clause (i), the Secretary shall 
     ensure that a State is eligible for a grant under this 
     paragraph if the State, as determined by the Secretary, is a 
     State that--

       ``(I) historically has received relatively little Federal 
     research and development funding; and
       ``(II) has demonstrated a commitment--

       ``(aa) to develop the research bases in the State; and
       ``(bb) to improve science and engineering research and 
     education programs at institutions of higher education in the 
     State.
       ``(iii) Eligibility under nsf epscor.--At the election of 
     the Secretary, or if the Secretary determines not to 
     establish criteria under clause (i), a State is eligible for 
     a grant under this paragraph if the State is eligible to 
     receive funding under the Established Program to Stimulate 
     Competitive Research of the National Science Foundation.
       ``(E) Grants in areas of applied energy research, 
     environmental management, and basic science.--
       ``(i) In general.--EPSCoR shall make grants to eligible 
     jurisdictions to carry out and support applied energy 
     research and research in all areas of environmental 
     management and basic science sponsored by the Department of 
     Energy, including--

       ``(I) energy efficiency, fossil energy, renewable energy, 
     and other applied energy research;
       ``(II) electricity delivery research;
       ``(III) cybersecurity, energy security, and emergency 
     response;
       ``(IV) environmental management; and
       ``(V) basic science research.

       ``(ii) Activities.--EPSCoR shall make grants under this 
     subparagraph for activities consistent with the objectives 
     described in

[[Page S3389]]

     subparagraph (C) in the areas of applied energy research, 
     environmental management, and basic science described in 
     clause (i), including--

       ``(I) to support research that is carried out in 
     partnership with the National Laboratories;
       ``(II) to provide for graduate traineeships;
       ``(III) to support research by early career faculty; and
       ``(IV) to improve research capabilities through biennial 
     research implementation grants.

       ``(iii) No cost sharing.--EPSCoR shall not impose any cost-
     sharing requirement with respect to a grant made under this 
     subparagraph, but may require letters of commitment from 
     National Laboratories.
       ``(F) Other activities.--EPSCoR may carry out such 
     activities as may be necessary to meet the objectives 
     described in subparagraph (C) in the areas of applied energy 
     research, environmental management, and basic science 
     described in subparagraph (E)(i).
       ``(G) Program implementation.--
       ``(i) In general.--Not later than 270 days after the date 
     of enactment of the National Defense Authorization Act for 
     Fiscal Year 2021, the Secretary shall submit to the 
     Committees on Energy and Natural Resources and Appropriations 
     of the Senate and the Committees on Energy and Commerce and 
     Appropriations of the House of Representatives a plan 
     describing how the Secretary shall implement EPSCoR.
       ``(ii) Contents of plan.--The plan described in clause (i) 
     shall include a description of--

       ``(I) the management structure of EPSCoR, which shall 
     ensure that all research areas and activities described in 
     this paragraph are incorporated into EPSCoR;
       ``(II) efforts to conduct outreach to inform eligible 
     jurisdictions and faculty of changes to, and opportunities 
     under, EPSCoR;
       ``(III) how EPSCoR plans to increase engagement with 
     eligible jurisdictions, faculty, and State committees, 
     including by holding regular workshops, to increase 
     participation in EPSCoR; and
       ``(IV) any other issues relating to EPSCoR that the 
     Secretary determines appropriate.

       ``(H) Program evaluation.--
       ``(i) In general.--Not later than 5 years after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2021, the Secretary shall contract with a 
     federally funded research and development center, the 
     National Academy of Sciences, or a similar organization to 
     carry out an assessment of the effectiveness of EPSCoR, 
     including an assessment of--

       ``(I) the tangible progress made towards achieving the 
     objectives described in subparagraph (C);
       ``(II) the impact of research supported by EPSCoR on the 
     mission of the Department of Energy; and
       ``(III) any other issues relating to EPSCoR that the 
     Secretary determines appropriate.

       ``(ii) Limitation.--The organization with which the 
     Secretary contracts under clause (i) shall not be a National 
     Laboratory.
       ``(iii) Report.--Not later than 6 years after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2021, the Secretary shall submit to the 
     Committees on Energy and Natural Resources and Appropriations 
     of the Senate and the Committees on Energy and Commerce and 
     Appropriations of the House of Representatives a report 
     describing the results of the assessment carried out under 
     clause (i), including recommendations for improvements that 
     would enable the Secretary to achieve the objectives 
     described in subparagraph (C).''.
                                 ______
                                 
  SA 1868. Mr. REED (for himself, Ms. Collins, Mr. Jones, and Mr. 
Cramer) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. CYBERSECURITY TRANSPARENCY.

       The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 
     is amended by inserting after section 14B (15 U.S.C. 78n-2) 
     the following:

     ``SEC. 14C. CYBERSECURITY TRANSPARENCY.

       ``(a) Definitions.--In this section--
       ``(1) the term `cybersecurity' means any action, step, or 
     measure to detect, prevent, deter, mitigate, or address any 
     cybersecurity threat or any potential cybersecurity threat;
       ``(2) the term `cybersecurity threat'--
       ``(A) means an action, not protected by the First Amendment 
     to the Constitution of the United States, on or through an 
     information system that may result in an unauthorized effort 
     to adversely impact the security, availability, 
     confidentiality, or integrity of an information system or 
     information that is stored on, processed by, or transiting an 
     information system; and
       ``(B) does not include any action that solely involves a 
     violation of a consumer term of service or a consumer 
     licensing agreement;
       ``(3) the term `information system'--
       ``(A) has the meaning given the term in section 3502 of 
     title 44, United States Code; and
       ``(B) includes industrial control systems, such as 
     supervisory control and data acquisition systems, distributed 
     control systems, and programmable logic controllers;
       ``(4) the term `NIST' means the National Institute of 
     Standards and Technology; and
       ``(5) the term `reporting company' means any company that 
     is an issuer--
       ``(A) the securities of which are registered under section 
     12; or
       ``(B) that is required to file reports under section 15(d).
       ``(b) Requirement To Issue Rules.--Not later than 360 days 
     after the date of enactment of this section, the Commission 
     shall issue final rules to require each reporting company, in 
     the annual report of the reporting company submitted under 
     section 13 or section 15(d) or in the annual proxy statement 
     of the reporting company submitted under section 14(a)--
       ``(1) to disclose whether any member of the governing body, 
     such as the board of directors or general partner, of the 
     reporting company has expertise or experience in 
     cybersecurity and in such detail as necessary to fully 
     describe the nature of the expertise or experience; and
       ``(2) if no member of the governing body of the reporting 
     company has expertise or experience in cybersecurity, to 
     describe what other aspects of the reporting company's 
     cybersecurity were taken into account by any person, such as 
     an official serving on a nominating committee, that is 
     responsible for identifying and evaluating nominees for 
     membership to the governing body.
       ``(c) Cybersecurity Expertise or Experience.--For purposes 
     of subsection (b), the Commission, in consultation with NIST, 
     shall define what constitutes expertise or experience in 
     cybersecurity using commonly defined roles, specialties, 
     knowledge, skills, and abilities, such as those provided in 
     NIST Special Publication 800-181, entitled `National 
     Initiative for Cybersecurity Education (NICE) Cybersecurity 
     Workforce Framework', or any successor thereto.''.
                                 ______
                                 
  SA 1869. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING 
                   THREATS THAT INDIVIDUALLY OR COLLECTIVELY 
                   AFFECT NATIONAL SECURITY, FINANCIAL SECURITY, 
                   OR BOTH.

       (a) Independent Study.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence, in coordination with the Secretary of the 
     Treasury in the Secretary's capacity as the Chair of the 
     Financial Stability Oversight Council and the heads of other 
     relevant departments and agencies, shall seek to enter into a 
     contract with a federally funded research and development 
     center under which the center will conduct a study on 
     identifying and addressing threats that individually or 
     collectively affect national security, financial security, or 
     both.
       (b) Elements of Study.--In carrying out the study referred 
     to in subsection (a), the selected Federally funded research 
     and development center shall be contractually obligated to --
       (1) identify threats that individually or collectively 
     affect national security, financial security, or both, 
     including--
       (A) foreign entities and governments acquiring financial 
     interests in domestic companies that have access to critical 
     or sensitive national security materials, technologies, or 
     information;
       (B) other currencies being used in lieu of the United 
     States Dollar in international transactions;
       (C) foreign influence in companies seeking to access 
     capital markets by conducting initial public offerings in 
     other countries;
       (D) the use of financial instruments, markets, payment 
     systems, or digital assets in ways that appear legitimate but 
     may be part of a foreign malign strategy to weaken or 
     undermine the economic security of the United States;
       (E) the use of entities, such as corporations, companies, 
     limited liability companies, limited partnerships, business 
     trusts, business associations, or other similar entities to 
     obscure or hide the foreign beneficial owner of such 
     entities; and
       (F) any other known or potential threats that individually 
     or collectively affect national security, financial security, 
     or both currently or in the foreseeable future.
       (2) assess the extent to which the United States Government 
     is currently able to identify and characterize the threats 
     identified under paragraph (1);
       (3) assess the extent to which the United States Government 
     is currently able to mitigate the risk posed by the threats 
     identified under paragraph (1);
       (4) assess whether current levels of information sharing 
     and cooperation between the United States Government and 
     allies and partners has been helpful or can be improved

[[Page S3390]]

     upon in order for the United States Government to identify, 
     characterize, and mitigate the threats identified under 
     paragraph (1); and
       (5) recommend opportunities, and any such authorities or 
     resources required, to improve the efficiency and 
     effectiveness of the United States Government in identifying 
     the threats identified under paragraph (1) and mitigating the 
     risk posed by such threats.
       (c) Submission to Director of National Intelligence.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the federally funded research and development center 
     selected to conduct the study under subsection (a) shall 
     submit to the Director of National Intelligence a report on 
     the results of the study in both classified and unclassified 
     form.
       (d) Submission to Congress.--
       (1) In general.--Not later than 30 days after the date on 
     which the Director of National Intelligence receives the 
     report under subsection (c), the Director shall submit to the 
     appropriate committees of Congress an unaltered copy of the 
     report in both classified and unclassified form, and such 
     comments as the Director, in coordination with the Secretary 
     of Treasury in his capacity as the Chair of the Financial 
     Stability Oversight Council and the heads of other relevant 
     departments and agencies, may have with respect to the 
     report.
       (2) Appropriate committees of congress.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Committee on Financial 
     Services of the House of Representatives.
                                 ______
                                 
  SA 1870. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 FUNDING FOR CORONAVIRUS RELIEF FOR 
                   STATES, TRIBAL GOVERNMENTS, AND LOCAL 
                   COMMUNITIES.

       (a) State & Local Emergency Stabilization Fund.--Title VI 
     of the Social Security Act (42 U.S.C. 801 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 602. ADDITIONAL FUNDING FOR CORONAVIRUS RELIEF FOR 
                   STATES, TRIBAL GOVERNMENTS, AND LOCAL 
                   COMMUNITIES.

       ``(a) Appropriation.--
       ``(1) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated for making payments under this section to 
     States, Tribal governments, and local communities described 
     in subsection (c)(6), $600,000,000,000 for fiscal year 2020. 
     The amount appropriated under this paragraph and paid in 
     accordance with this section shall be in addition to the 
     amount appropriated under subsection (a) of section 601 and 
     paid to States, Tribal governments, and units of local 
     government under that section.
       ``(2) Reservation of funds.--Of the amount appropriated 
     under paragraph (1), the Secretary shall reserve--
       ``(A) $3,000,000,000 of such amount for making payments to 
     United States Virgin Islands, Guam, the Commonwealth of the 
     Northern Mariana Islands, and American Samoa under subsection 
     (c)(7);
       ``(B) $10,000,000,000 of such amount for making payments to 
     Tribal governments under subsection (c)(8);
       ``(C) $59,000,000,000 of such amount for the portion of the 
     payments made to the 50 States, the District of Columbia, and 
     the Commonwealth of Puerto Rico that is determined under 
     subsection (c)(5); and
       ``(D) $205,000,000,000 of such amount for making payments 
     to local communities under subsection (c)(6).
       ``(b) Deadline for Payments.--The Secretary shall make the 
     payments determined under subsection (c) not later than 15 
     days after the date of enactment of this section.
       ``(c) Payment Amounts.--
       ``(1) In general.--Subject to paragraph (2), the amount 
     paid under this section for fiscal year 2020 to a State that 
     is one of the 50 States, the District of Columbia, or the 
     Commonwealth of Puerto Rico, shall be the sum of--
       ``(A) the relative population proportion amount determined 
     for the State under paragraph (3) for such fiscal year; and
       ``(B) the relative coronavirus infection rate proportion 
     amount determined for the State under paragraph (5) for such 
     fiscal year.
       ``(2) Minimum payment.--
       ``(A) In general.--No State that is one of the 50 States, 
     the District of Columbia, or the Commonwealth of Puerto Rico, 
     shall receive a payment under this section for fiscal year 
     2020 that is less than $5,000,000,000.
       ``(B) Pro rata adjustments.--The Secretary shall adjust on 
     a pro rata basis the amount of the payments for each of the 
     50 States, the District of Columbia, and the Commonwealth of 
     Puerto Rico, determined under this subsection without regard 
     to this subparagraph to the extent necessary to comply with 
     the requirements of subparagraph (A).
       ``(3) Relative population proportion amount.--For purposes 
     of paragraph (1)(A), the relative population proportion 
     amount determined under this paragraph for a State for fiscal 
     year 2020 is the product of--
       ``(A) the amount appropriated under subsection (a)(1) for 
     fiscal year 2020 that remains after the application of the 
     reservations made under subsection (a)(2); and
       ``(B) the relative State population proportion (as defined 
     in paragraph (4)) determined for such fiscal year.
       ``(4) Relative state population proportion defined.--For 
     purposes of paragraph (3)(B), the term `relative State 
     population proportion' means, with respect to each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico, the quotient of--
       ``(A) the population of the State, District of Columbia, or 
     Commonwealth of Puerto Rico (as applicable); and
       ``(B) the sum of the populations of each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(5) Relative coronavirus infection rate proportion 
     amount.--For purposes of paragraph (1)(B), the relative 
     coronavirus infection rate proportion amount determined under 
     this paragraph for each of the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico, for fiscal 
     year 2020 is the product of--
       ``(A) the amount reserved under subsection (a)(2)(C); and
       ``(B) the quotient of--
       ``(i) the coronavirus infection rate determined for the 
     State, District of Columbia, or Commonwealth of Puerto Rico 
     (as applicable); and
       ``(ii) the sum of the coronavirus infection rates 
     determined for each of the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico.
       ``(6) Payments to local communities.--
       ``(A) In general.--From the amount reserved under 
     subsection (a)(2)(D), the Secretary shall pay--
       ``(i) 70 percent of the amount so reserved directly to the 
     metropolitan cities and urban counties (as those terms are 
     defined in section 102 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5302)) in the State that 
     received allocations under section 106(b) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5306(b)) for 
     fiscal year 2019, pursuant to the same formula used to make 
     such allocations under that section for such fiscal year; and
       ``(ii) subject to subparagraph (C), 30 percent of the 
     amount so reserved directly to each of the 50 States, to be 
     distributed by such States upon receipt on a pass-through 
     basis, and without requiring any application, to units of 
     general local government in nonentitlement areas (as such 
     terms are defined in such section 102) in such States, in 
     amounts equal to the relative sum of the populations of such 
     units of general local government in each such State as a 
     proportion of the total population of all such units of 
     general local government in all of the 50 States.
       ``(B) Units of general local government in nonentitlement 
     areas with overlapping populations or consolidated 
     governments.--If two or more units of general local 
     government in nonentitlement areas have overlapping 
     populations or have formed a consolidated government--
       ``(i) the population of the unit of general local 
     government with the largest population among such overlapping 
     populations or that is part of such consolidated government 
     shall be the population used for purposes of determining the 
     amount to be paid directly to a State under clause (ii) of 
     subparagraph (A); and
       ``(ii) the chief executive officer of the State shall 
     distribute the portion of such payment that is based on such 
     population among the units of general local government with 
     such overlapping populations or that are part of such 
     consolidated government, in amounts equal to the relative 
     populations of such units of general local government as a 
     proportion of such payment portion, unless--

       ``(I) the units of general local government involved notify 
     such chief executive officer of their agreement regarding how 
     such payment portion is to be distributed among them, based 
     on the aggregate population of such units of general local 
     government, in which case such chief executive officer shall 
     make distributions in accordance with that agreement; or
       ``(II) in the case of a consolidated government, the 
     consolidated government notifies such chief executive officer 
     of a determination of the consolidated government regarding 
     how such payment portion is to be distributed among the units 
     of local government represented by the consolidated 
     government, based on the aggregate population of such units 
     of general local government, in which case such chief 
     executive officer shall make distributions in accordance with 
     that determination.

       ``(C) Treatment of states not acting as pass-through agents 
     under cdbg.--In the case of a State that has not elected to 
     distribute amounts allocated under section 106(d)(1) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5306(d)(1)), the Secretary shall act in place of the State 
     for purposes of determining the amount of, and distributing 
     on a pass-through basis, and without requiring any 
     application, payments

[[Page S3391]]

     to units of general local government in nonentitlement areas 
     in that State under subparagraph (A)(ii).
       ``(7) Payments to territories.--The amount paid under this 
     section to the United States Virgin Islands, Guam, the 
     Commonwealth of the Northern Mariana Islands, or American 
     Samoa, shall be the amount equal to the product of--
       ``(A) the amount reserved under subsection (a)(2)(A); and
       ``(B) each such territory's share of the combined total 
     population of all such territories, as determined by the 
     Secretary.
       ``(8) Payments to tribal governments.--The amounts paid 
     under this section to Tribal governments from the amount 
     reserved under subsection (a)(2)(B) shall be determined in 
     the same manner as the amounts paid to Tribal governments 
     under section 601(c)(7).
       ``(9) Data.--For purposes of determining--
       ``(A) the population of each of the 50 States, the District 
     of Columbia, the Commonwealth of Puerto Rico, the United 
     States Virgin Islands, Guam, the Commonwealth of the Northern 
     Mariana Islands, American Samoa, and units of general local 
     government, the Secretary shall use the most recent year for 
     which data are available from the Bureau of the Census; and
       ``(B) the relative coronavirus infection rate proportion 
     amounts under paragraph (5), the Secretary shall use the most 
     recent daily updated data on the number of COVID-19 cases 
     published on the internet by the Centers for Disease Control 
     and Prevention.
       ``(d) Other Provisions.--
       ``(1) In general.--The amounts paid under this section 
     shall be subject to--
       ``(A) the use of funds and oversight requirements of 
     subsections (d) and (f) of section 601 in the same manner as 
     such requirements apply to the amounts paid under that 
     section; and
       ``(B) the definitions of each paragraph of section 601(g) 
     other than paragraph (2) of that section.
       ``(2) IG funding authority.--Notwithstanding section 
     601(f)(3), the Inspector General of the Department of the 
     Treasury may use the amount appropriated under that section 
     to carry out oversight and recoupment activities under this 
     section in addition to the oversight and recoupment 
     activities carried out under section 601(f).
       ``(3) Nonapplication.--Except as otherwise provided in this 
     section, the requirements applicable to the amount 
     appropriated for fiscal year 2020 under section 601(a)(1) (as 
     added by section 5001 of Public Law 116-136) shall not apply 
     to the amount appropriated under subsection (a) of this 
     section for such fiscal year.''.
       (b) Additional Authority to Use Payments to Make up Revenue 
     Shortfalls.--Effective as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136), subsection (d) of section 601 of the Social 
     Security Act, as added by section 5001(a) of the Coronavirus 
     Aid, Relief, and Economic Security Act, is amended to read as 
     follows:
       ``(d) Use of Funds.--
       ``(1) In general.--A State, Tribal government, and unit of 
     local government may use the funds provided under a payment 
     made under this section for any expenditures during the 
     period that begins on January 1, 2020, and ends on June 30, 
     2022--
       ``(A) to prevent, prepare for, or respond to the public 
     health emergency with respect to the Coronavirus Disease 2019 
     (COVID-19) or the declaration by the President under section 
     401 or 501, respectively, of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) of 
     a major disaster or emergency with respect to COVID-19; or
       ``(B) to provide services, benefits, or assistance, or 
     support programs, projects, and operations, accounted for in 
     the budget for the State, Tribal government, or unit of local 
     government approved for any fiscal year occurring during the 
     period that begins on January 1, 2020, and ends on June 30, 
     2022 (without regard to any relation to the Coronavirus 
     Disease 2019 (COVID-19)).
       ``(2) Non-federal funding.--For the purpose of meeting the 
     non-Federal share requirement of any Federal grant-in-aid 
     program or other form of Federal assistance, including 
     assistance provided under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     and the Medicaid program established under title XIX, funds 
     provided under a payment made under this section to a State, 
     Tribal government, or unit of local government are deemed to 
     be non-Federal funds.
       ``(3) Limitation.--A State, Tribal government, or unit of 
     local government may not use funds provided under a payment 
     made under this section to provide any kind of tax cut, 
     rebate, deduction, credit, or any other tax benefit, or to 
     reduce or eliminate any fee imposed by the State, Tribal 
     government, or unit of local government, during the period 
     described in paragraph (1).''.
                                 ______
                                 
  SA 1871. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. __. TEMPORARY EXEMPTION FROM BUSINESS ACTIVITY TARGETS 
                   FOR 8(A) PARTICIPANTS.

       During the period beginning on the date of enactment of 
     this Act and ending on September 30, 2023, the Administrator 
     of the Small Business Administration may waive the 
     requirements under section 8(a)(7)(A) of the Small Business 
     Act (15 U.S.C. 637(a)(7)(A)) for small business concerns (as 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632)) participating in the program under such section 8(a) to 
     attain targeted dollar levels of revenue outside of the 
     program.
                                 ______
                                 
  SA 1872. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. __. TEMPORARY EXTENSION FOR 8(A) PARTICIPANTS.

       The Administrator of the Small Business Administration 
     shall allow a small business concern (as defined in section 3 
     of the Small Business Act (15 U.S.C. 632)) participating in 
     the program established under section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a)) on the date of enactment of 
     this section to extend such participation by a period of 1 
     year.
                                 ______
                                 
  SA 1873. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. __. DIRECT APPROPRIATIONS FOR TECHNICAL ASSISTANCE FOR 
                   SMALL BUSINESS CONCERNS.

       Out of amounts in the Treasury not otherwise appropriated, 
     there is appropriated to the Small Business Administration 
     $3,400,000, to remain available until expended, for 
     additional financial assistance authorized under section 7(j) 
     of the Small Business Act (15 U.S.C. 636(j)) for projects 
     providing technical or management assistance, with special 
     attention to small business concerns (as defined in section 3 
     of the Small Business Act (15 U.S.C. 632)) located in areas 
     of high concentration of unemployed or low-income 
     individuals.
                                 ______
                                 
  SA 1874. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. __. INCREASE IN TOTAL SOLE-SOURCE CONTRACT VALUES.

       (a) Qualified Hubzone Small Business Concerns.--Section 
     31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 
     657a(c)(2)(A)(ii)) is amended--
       (1) in subclause (I), by striking ``$5,000,000'' and 
     inserting ``$10,000,000''; and
       (2) in subclause (II), by striking ``$3,000,000'' and 
     inserting ``$8,000,000''.
       (b) Small Business Concerns Owned and Controlled by 
     Service-disabled Veterans.--Section 36(a)(2) of the Small 
     Business Act (15 U.S.C. 657f(a)(2)) is amended--
       (1) in subparagraph (A), by striking ``$5,000,000'' and 
     inserting ``$10,000,000''; and
       (2) in subparagraph (B), by striking ``$3,000,000'' and 
     inserting ``$8,000,000''.
       (c) Small Business Concerns Owned and Controlled by 
     Socially and Economically Disadvantaged Individuals.--Section 
     8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 
     637(a)(1)(D)(i)(II)) is amended--
       (1) by striking ``$5,000,000'' and inserting 
     ``$10,000,000''; and
       (2) by striking ``$3,000,000'' and inserting 
     ``$8,000,000''.
       (d) Certain Small Business Concerns Owned and Controlled by 
     Women.--Section 8(m) of the Small Business Act (15 U.S.C. 
     637(m)) is amended--
       (1) in paragraph (7)(B)--
       (A) in clause (i), by striking ``$6,500,000'' and inserting 
     ``$10,000,000''; and
       (B) in clause (ii), by striking ``$4,000,000'' and 
     inserting ``$8,000,000''; and
       (2) in paragraph (8)(B)--
       (A) in clause (i), by striking ``$6,500,000'' and inserting 
     ``$10,000,000''; and
       (B) in clause (ii), by striking ``$4,000,000'' and 
     inserting ``$8,000,000''.

[[Page S3392]]

  

                                 ______
                                 
  SA 1875. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. __. TEMPORARY SOLE-SOURCE AWARD PARITY AMONG CONTRACTING 
                   PROGRAMS.

       (a) Definitions.--In this section--
       (1) the term ``contracting officer'' has the meaning given 
     the term in section 36(e) of the Small Business Act (15 
     U.S.C. 657f(e));
       (2) the term ``economically disadvantaged women-owned small 
     business'' has the meaning given the term in section 127.102 
     of title 13, Code of Federal Regulations, or any successor 
     regulation;
       (3) the term ``HUBZone small business concern'' has the 
     meaning given the term in section 31(b) of the Small Business 
     Act (15 U.S.C. 657a(b));
       (4) the term ``small business concern owned and controlled 
     by service-disabled veterans'' has the meaning given the term 
     in section 3(q) of the Small Business Act (15 U.S.C. 632(q)); 
     and
       (5) the term ``small business concern owned and controlled 
     by women'' has the meaning given the term in section 8(m) of 
     the Small Business Act (15 U.S.C. 637(m)).
       (b) Requirement.--Notwithstanding any other provision of 
     law or regulation, during the period beginning on the date of 
     enactment of this Act and ending on September 30, 2021, with 
     respect to a small business concern owned and controlled by 
     women, an economically disadvantaged women-owned small 
     business, a HUBZone small business concern, or a small 
     business concern owned and controlled by service-disabled 
     veterans, a contracting officer may award a sole source 
     contract to the business concern if the anticipated award 
     price of the contract will not exceed the maximum permissible 
     amount for the contract, as provided under the applicable 
     provision of the Small Business Act (15 U.S.C. 631 et seq.).
                                 ______
                                 
  SA 1876. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 10___. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK.

       (a) In General.--The Fallen Journalists Memorial Foundation 
     may establish a commemorative work on Federal land in the 
     District of Columbia and its environs to commemorate 
     America's commitment to a free press as represented by 
     journalists who sacrificed their lives in their line of work.
       (b) Compliance With Standards for Commemorative Works.--The 
     establishment of the commemorative work under this section 
     shall be in accordance with chapter 89 of title 40, United 
     States Code (commonly known as the ``Commemorative Works 
     Act'').
       (c) Prohibition on Use of Federal Funds.--
       (1) In general.--Federal funds may not be used to pay any 
     expense of the establishment of the commemorative work under 
     this section.
       (2) Responsibility of the fallen journalists memorial 
     foundation.--The Fallen Journalists Memorial Foundation shall 
     be solely responsible for acceptance of contributions for, 
     and payment of the expenses of, the establishment of the 
     commemorative work under this section.
       (d) Deposit of Excess Funds.--
       (1) In general.--If upon payment of all expenses for the 
     establishment of the commemorative work (including the 
     maintenance and preservation amount required by section 
     8906(b)(1) of title 40, United States Code), there remains a 
     balance of funds received for the establishment of the 
     commemorative work, the Fallen Journalists Memorial 
     Foundation shall transmit the amount of the balance to the 
     Secretary of the Interior for deposit in the account provided 
     for in section 8906(b)(3) of title 40, United States Code.
       (2) On expiration of authority.--If upon expiration of the 
     authority for the commemorative work under section 8903(e) of 
     title 40, United States Code, there remains a balance of 
     funds received for the establishment of the commemorative 
     work, the Fallen Journalists Memorial Foundation shall 
     transmit the amount of the balance to a separate account with 
     the National Park Foundation for memorials, to be available 
     to the Secretary of the Interior or the Administrator of 
     General Services (as appropriate) following the process 
     provided in section 8906(b)(4) of title 40, United States 
     Code, for accounts established under section 8906(b)(2) or 
     (3) of title 40, United States Code.
                                 ______
                                 
  SA 1877. Mr. COTTON (for himself, Mr. Schumer, Mr. Scott of Florida, 
and Mr. Van Hollen) submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. IMPOSITION OF SANCTIONS WITH RESPECT TO ECONOMIC 
                   OR INDUSTRIAL ESPIONAGE BY FOREIGN 
                   TELECOMMUNICATIONS COMPANIES.

       (a) In General.--On and after the date that is 30 days 
     after the date of the enactment of this Act, the President 
     shall exercise all of the powers granted to the President 
     under the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.) to the extent necessary to block and 
     prohibit all significant transactions in property and 
     interests in property of a foreign person described in 
     subsection (b) if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (b) Foreign Persons Described.--A foreign person is 
     described in this subsection if the President determines that 
     the person, on or after the date of the enactment of this 
     Act--
       (1) produces fifth or future generation telecommunications 
     technology; and
       (2) engages in--
       (A) economic or industrial espionage with respect to trade 
     secrets or proprietary information owned by United States 
     persons; or
       (B) other related illicit activities, including violations 
     of sanctions imposed by the United States.
       (c) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under this section shall not include the 
     authority or requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (d) Waiver.--The President may waive the application of 
     sanctions under this section with respect to a foreign person 
     for renewable periods of not more than 90 days each if the 
     President determines and reports to Congress that such a 
     waiver is vital to the national security interests of the 
     United States.
       (e) Implementation; Penalties.--
       (1) Implementation.--The President may exercise the 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to the extent necessary to carry out 
     this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (a) or any regulation, license, or order issued to 
     carry out that subsection shall be subject to the penalties 
     set forth in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (f) Definitions.--
       (1) In general.--In this section:
       (A) Economic or industrial espionage.--The term ``economic 
     or industrial espionage'' means--
       (i) stealing a trade secret or proprietary information or 
     appropriating, taking, carrying away, or concealing, or by 
     fraud, artifice, or deception obtaining, a trade secret or 
     proprietary information without the authorization of the 
     owner of the trade secret or proprietary information;
       (ii) copying, duplicating, downloading, uploading, 
     destroying, transmitting, delivering, sending, communicating, 
     or conveying a trade secret or proprietary information 
     without the authorization of the owner of the trade secret or 
     proprietary information; or
       (iii) knowingly receiving, buying, or possessing a trade 
     secret or proprietary information that has been stolen or 
     appropriated, obtained, or converted without the 
     authorization of the owner of the trade secret or proprietary 
     information.
       (B) Fifth or future generation telecommunications 
     technology.--The term ``fifth or future generation 
     telecommunications technology'' means telecommunications 
     technology that conforms to the technical standards followed 
     by the telecommunications industry for telecommunications 
     technology that is commonly known in the industry as fifth 
     generation or future generation technology.

[[Page S3393]]

       (C) Foreign person.--The term ``foreign person'' means any 
     person that is not a United States person.
       (D) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (E) Person.--The term ``person'' means an individual or 
     entity.
       (F) Proprietary information.--The term ``proprietary 
     information'' has the meaning given that term in section 
     1637(d) of the Carl Levin and Howard P. ``Buck'' McKeon 
     National Defense Authorization Act for Fiscal Year 2015 (50 
     U.S.C. 1708(d)).
       (G) Third and fourth generation telecommunications 
     networks.--The term ``third and fourth generation 
     telecommunications networks'' means telecommunications 
     networks that conform to the technical standards followed by 
     the telecommunications industry for telecommunications 
     networks that are commonly known in the industry as third or 
     fourth generation networks.
       (H) Trade secret.--The term ``trade secret'' has the 
     meaning given that term in section 1839 of title 18, United 
     States Code.
       (I) United states person.--The term ``United States 
     person'' means--
       (i) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (ii) an entity organized under the laws of the United 
     States or any jurisdiction within the United States, 
     including a foreign branch of such an entity.
       (2) Determination of significance.--For the purposes of 
     this section, in determining if transactions are significant, 
     the President may consider the totality of the facts and 
     circumstances, including factors similar to the factors set 
     forth in section 561.404 of title 31, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling).
       (3) Rule of construction.--For purposes of this section, a 
     transaction shall not be construed to include--
       (A) participation in an international standards-setting 
     body or the activities of such a body; or
       (B) a transaction involving existing third or fourth 
     generation telecommunications networks.
                                 ______
                                 
  SA 1878. Mrs. LOEFFLER (for herself, Ms. Sinema, Mrs. Blackburn, and 
Mr. Perdue) submitted an amendment intended to be proposed by her to 
the bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 1085. MODIFICATION OF LICENSURE REQUIREMENTS FOR HEALTH 
                   CARE PROFESSIONALS PROVIDING TREATMENT VIA 
                   TELEMEDICINE.

       Section 1730C(b) of title 38, United States Code, is 
     amended to read as follows:
       ``(b) Covered Health Care Professionals.--For purposes of 
     this section, a covered health care professional is any of 
     the following individuals:
       ``(1) A health care professional who--
       ``(A) is an employee of the Department appointed under 
     section 7306, 7401, 7405, 7406, or 7408 of this title or 
     title 5;
       ``(B) is authorized by the Secretary to provide health care 
     under this chapter;
       ``(C) is required to adhere to all standards for quality 
     relating to the provision of health care in accordance with 
     applicable policies of the Department; and
       ``(D)(i) has an active, current, full, and unrestricted 
     license, registration, or certification in a State to 
     practice the health care profession of the health care 
     professional; or
       ``(ii) with respect to a health care profession listed 
     under section 7402(b) of this title, has the qualifications 
     for such profession as set forth by the Secretary.
       ``(2) A postgraduate health care employee who--
       ``(A) is appointed under section 7401(1), 7401(3), or 7405 
     of this title or title 5 for any category of personnel 
     described in paragraph (1) or (3) of section 7401 of this 
     title;
       ``(B) must obtain an active, current, full, and 
     unrestricted license, registration, or certification or meet 
     qualification standards set forth by the Secretary within a 
     specified time frame; and
       ``(C) is under the clinical supervision of a health care 
     professional described in paragraph (1); or
       ``(3) A health professions trainee who--
       ``(A) is appointed under section 7405 or 7406 of this 
     title; and
       ``(B) is under the clinical supervision of a health care 
     professional described in paragraph (1).''.
                                 ______
                                 
  SA 1879. Mr. INHOFE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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 VIII, add the following:

     SEC. 894. REPORT RECOMMENDING DISPOSITION OF NOTES TO CERTAIN 
                   SECTIONS OF TITLE 10, UNITED STATES CODE.

       (a) In General.--Not later than March 31, 2021, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report recommending the disposition of 
     provisions of law found in the notes to the following 
     sections of title 10, United States Code:
       (1) Section 2313.
       (2) Section 2364.
       (3) Section 2432.
       (b) Elements.--The report required under subsection (a) 
     shall include--
       (1) for each provision of law included as a note to a 
     section listed in such subsection, a recommendation whether 
     such provision--
       (A) should be repealed because the provision is no longer 
     operative or is otherwise obsolete;
       (B) should be codified as a section to title 10, United 
     States Code, because the section has, and is anticipated to 
     continue to have in the future, significant relevance; or
       (C) should remain as a note to such section; and
       (2) any legislative proposals appropriate to improve the 
     intent and effect of the sections listed in such subsection.
       (c) Technical Corrections.--(1) Section 2362(a) of title 
     10, United States Code, is amended by striking ``Assistant 
     Secretary of Defense for Research and Engineering'' both 
     places it appears and inserting ``Under Secretary of Defense 
     for Research and Engineering''.
       (2) Section 804(c) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     10 U.S.C. 2302 note) is amended by striking ``The Assistant 
     Secretary of Defense for Command, Control, Communications, 
     and Intelligence, in consultation with the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics,'' and 
     inserting ``The Under Secretary of Defense for Acquisition 
     and Sustainment''.
                                 ______
                                 
  SA 1880. Mr. BARRASSO (for himself, Mr. Whitehouse, Mr. Carper, Mrs. 
Capito, Mr. Cramer, Mr. Coons, Mr. Hoeven, Mr. Rounds, and Mr. Manchin) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE 
                   TECHNOLOGIES.

       (a) Short Title.--This section may be cited as the 
     ``Utilizing Significant Emissions with Innovative 
     Technologies Act'' or the ``USE IT Act''.
       (b) Research, Investigation, Training, and Other 
     Activities.--Section 103 of the Clean Air Act (42 U.S.C. 
     7403) is amended--
       (1) in subsection (c)(3), in the first sentence of the 
     matter preceding subparagraph (A), by striking ``percursors'' 
     and inserting ``precursors''; and
       (2) in subsection (g)--
       (A) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and indenting 
     appropriately;
       (B) in the undesignated matter following subparagraph (D) 
     (as so redesignated)--
       (i) in the second sentence, by striking ``The 
     Administrator'' and inserting the following:
       ``(5) Coordination and avoidance of duplication.--The 
     Administrator''; and
       (ii) in the first sentence, by striking ``Nothing'' and 
     inserting the following:
       ``(4) Effect of subsection.--Nothing'';
       (C) in the matter preceding subparagraph (A) (as so 
     redesignated)--
       (i) in the third sentence, by striking ``Such program'' and 
     inserting the following:
       ``(3) Program inclusions.--The program under this 
     subsection'';
       (ii) in the second sentence--

       (I) by inserting ``States, institutions of higher 
     education,'' after ``scientists,''; and
       (II) by striking ``Such strategies and technologies shall 
     be developed'' and inserting the following:

       ``(2) Participation requirement.--Such strategies and 
     technologies described in paragraph (1) shall be developed''; 
     and
       (iii) in the first sentence, by striking ``In carrying 
     out'' and inserting the following:
       ``(1) In general.--In carrying out''; and
       (D) by adding at the end the following:
       ``(6) Certain carbon dioxide activities.--
       ``(A) In general.--In carrying out paragraph (3)(A) with 
     respect to carbon dioxide, the Administrator shall carry out 
     the activities described in each of subparagraphs (B), (C), 
     (D), and (E).
       ``(B) Direct air capture research.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Board.--The term `Board' means the Direct Air Capture 
     Technology Advisory Board established by clause (iii)(I).
       ``(II) Dilute.--The term `dilute' means a concentration of 
     less than 1 percent by volume.

[[Page S3394]]

       ``(III) Direct air capture.--

       ``(aa) In general.--The term `direct air capture', with 
     respect to a facility, technology, or system, means that the 
     facility, technology, or system uses carbon capture equipment 
     to capture carbon dioxide directly from the air.
       ``(bb) Exclusion.--The term `direct air capture' does not 
     include any facility, technology, or system that captures 
     carbon dioxide--
       ``(AA) that is deliberately released from a naturally 
     occurring subsurface spring; or
       ``(BB) using natural photosynthesis.

       ``(IV) Intellectual property.--The term `intellectual 
     property' means--

       ``(aa) an invention that is patentable under title 35, 
     United States Code; and
       ``(bb) any patent on an invention described in item (aa).
       ``(ii) Technology prizes.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of the USE IT Act, the Administrator, in 
     consultation with the Secretary of Energy, shall establish a 
     program to provide, and shall provide, financial awards on a 
     competitive basis for direct air capture from media in which 
     the concentration of carbon dioxide is dilute.
       ``(II) Duties.--In carrying out this clause, the 
     Administrator shall--

       ``(aa) subject to subclause (III), develop specific 
     requirements for--
       ``(AA) the competition process; and
       ``(BB) the demonstration of performance of approved 
     projects;
       ``(bb) offer financial awards for a project designed--
       ``(AA) to the maximum extent practicable, to capture more 
     than 10,000 tons of carbon dioxide per year; and
       ``(BB) to operate in a manner that would be commercially 
     viable in the foreseeable future (as determined by the 
     Board); and
       ``(cc) to the maximum extent practicable, make financial 
     awards to geographically diverse projects, including at 
     least--
       ``(AA) 1 project in a coastal State; and
       ``(BB) 1 project in a rural State.

       ``(III) Public participation.--In carrying out subclause 
     (II)(aa), the Administrator shall--

       ``(aa) provide notice of and, for a period of not less than 
     60 days, an opportunity for public comment on, any draft or 
     proposed version of the requirements described in subclause 
     (II)(aa); and
       ``(bb) take into account public comments received in 
     developing the final version of those requirements.
       ``(iii) Direct air capture technology advisory board.--

       ``(I) Establishment.--There is established an advisory 
     board to be known as the `Direct Air Capture Technology 
     Advisory Board'.
       ``(II) Composition.--The Board shall be composed of 9 
     members appointed by the Administrator, who shall provide 
     expertise in--

       ``(aa) climate science;
       ``(bb) physics;
       ``(cc) chemistry;
       ``(dd) biology;
       ``(ee) engineering;
       ``(ff) economics;
       ``(gg) business management; and
       ``(hh) such other disciplines as the Administrator 
     determines to be necessary to achieve the purposes of this 
     subparagraph.

       ``(III) Term; vacancies.--

       ``(aa) Term.--A member of the Board shall serve for a term 
     of 6 years.
       ``(bb) Vacancies.--A vacancy on the Board--
       ``(AA) shall not affect the powers of the Board; and
       ``(BB) shall be filled in the same manner as the original 
     appointment was made.

       ``(IV) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Board have been appointed, 
     the Board shall hold the initial meeting of the Board.
       ``(V) Meetings.--The Board shall meet at the call of the 
     Chairperson or on the request of the Administrator.
       ``(VI) Quorum.--A majority of the members of the Board 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       ``(VII) Chairperson and vice chairperson.--The Board shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Board.
       ``(VIII) Compensation.--Each member of the Board may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code, for each day during which the member is 
     engaged in the actual performance of the duties of the Board.
       ``(IX) Duties.--The Board shall advise the Administrator on 
     carrying out the duties of the Administrator under this 
     subparagraph.
       ``(X) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Board.

       ``(iv) Intellectual property.--

       ``(I) In general.--As a condition of receiving a financial 
     award under this subparagraph, an applicant shall agree to 
     vest the intellectual property of the applicant derived from 
     the technology in 1 or more entities that are incorporated in 
     the United States.
       ``(II) Reservation of license.--The United States--

       ``(aa) may reserve a nonexclusive, nontransferable, 
     irrevocable, paid-up license, to have practiced for or on 
     behalf of the United States, in connection with any 
     intellectual property described in subclause (I); but
       ``(bb) shall not, in the exercise of a license reserved 
     under item (aa), publicly disclose proprietary information 
     relating to the license.

       ``(III) Transfer of title.--Title to any intellectual 
     property described in subclause (I) shall not be transferred 
     or passed, except to an entity that is incorporated in the 
     United States, until the expiration of the first patent 
     obtained in connection with the intellectual property.

       ``(v) Authorization of appropriations.--

       ``(I) In general.--Of the amounts authorized to be 
     appropriated for the Environmental Protection Agency, 
     $35,000,000 shall be available to carry out this 
     subparagraph, to remain available until expended.
       ``(II) Requirement.--Research carried out using amounts 
     made available under subclause (I) may not duplicate research 
     funded by the Department of Energy.

       ``(vi) Termination of authority.--The Board and all 
     authority provided under this subparagraph shall terminate 
     not later than 10 years after the date of enactment of the 
     USE IT Act.
       ``(C) Carbon dioxide utilization research.--
       ``(i) Definition of carbon dioxide utilization.--In this 
     subparagraph, the term `carbon dioxide utilization' refers to 
     technologies or approaches that lead to the use of carbon 
     dioxide--

       ``(I) through the fixation of carbon dioxide through 
     photosynthesis or chemosynthesis, such as through the growing 
     of algae or bacteria;
       ``(II) through the chemical conversion of carbon dioxide to 
     a material or chemical compound in which the carbon dioxide 
     is securely stored; or
       ``(III) through the use of carbon dioxide for any other 
     purpose for which a commercial market exists, as determined 
     by the Administrator.

       ``(ii) Program.--The Administrator, in consultation with 
     the Secretary of Energy, shall carry out a research and 
     development program for carbon dioxide utilization to promote 
     existing and new technologies that transform carbon dioxide 
     generated by industrial processes into a product of 
     commercial value, or as an input to products of commercial 
     value.
       ``(iii) Technical and financial assistance.--Not later than 
     2 years after the date of enactment of the USE IT Act, in 
     carrying out this subsection, the Administrator, in 
     consultation with the Secretary of Energy, shall support 
     research and infrastructure activities relating to carbon 
     dioxide utilization by providing technical assistance and 
     financial assistance in accordance with clause (iv).
       ``(iv) Eligibility.--To be eligible to receive technical 
     assistance and financial assistance under clause (iii), a 
     carbon dioxide utilization project shall--

       ``(I) have access to an emissions stream generated by a 
     stationary source within the United States that is capable of 
     supplying not less than 250 metric tons per day of carbon 
     dioxide for research;
       ``(II) have access to adequate space for a laboratory and 
     equipment for testing small-scale carbon dioxide utilization 
     technologies, with onsite access to larger test bays for 
     scale-up; and
       ``(III) have existing partnerships with institutions of 
     higher education, private companies, States, or other 
     government entities.

       ``(v) Coordination.--In supporting carbon dioxide 
     utilization projects under this paragraph, the Administrator 
     shall consult with the Secretary of Energy, and, as 
     appropriate, with the head of any other relevant Federal 
     agency, States, the private sector, and institutions of 
     higher education to develop methods and technologies to 
     account for the carbon dioxide emissions avoided by the 
     carbon dioxide utilization projects.
       ``(vi) Authorization of appropriations.--

       ``(I) In general.--Of the amounts authorized to be 
     appropriated for the Environmental Protection Agency, 
     $50,000,000 shall be available to carry out this 
     subparagraph, to remain available until expended.
       ``(II) Requirement.--Research carried out using amounts 
     made available under subclause (I) may not duplicate research 
     funded by the Department of Energy.

       ``(D) Deep saline formation report.--
       ``(i) Definition of deep saline formation.--

       ``(I) In general.--In this subparagraph, the term `deep 
     saline formation' means a formation of subsurface 
     geographically extensive sedimentary rock layers saturated 
     with waters or brines that have a high total dissolved solids 
     content and that are below the depth where carbon dioxide can 
     exist in the formation as a supercritical fluid.
       ``(II) Clarification.--In this subparagraph, the term `deep 
     saline formation' does not include oil and gas reservoirs.

       ``(ii) Report.--In consultation with the Secretary of 
     Energy, and, as appropriate, with the head of any other 
     relevant Federal agency and relevant stakeholders, not later 
     than 1 year after the date of enactment of the USE IT Act, 
     the Administrator shall prepare, submit to Congress, and make 
     publicly available a report that includes--

       ``(I) a comprehensive identification of potential risks and 
     benefits to project developers associated with increased 
     storage of carbon dioxide captured from stationary sources in 
     deep saline formations, using existing research;
       ``(II) recommendations, if any, for managing the potential 
     risks identified under

[[Page S3395]]

     subclause (I), including potential risks unique to public 
     land; and
       ``(III) recommendations, if any, for Federal legislation or 
     other policy changes to mitigate any potential risks 
     identified under subclause (I).

       ``(E) Report on carbon dioxide nonregulatory strategies and 
     technologies.--
       ``(i) In general.--Not less frequently than once every 2 
     years, the Administrator shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that describes--

       ``(I) the recipients of assistance under subparagraphs (B) 
     and (C); and
       ``(II) a plan for supporting additional nonregulatory 
     strategies and technologies that could significantly prevent 
     carbon dioxide emissions or reduce carbon dioxide levels in 
     the air, in conjunction with other Federal agencies.

       ``(ii) Inclusions.--The plan submitted under clause (i) 
     shall include--

       ``(I) a methodology for evaluating and ranking technologies 
     based on the ability of the technologies to cost effectively 
     reduce carbon dioxide emissions or carbon dioxide levels in 
     the air; and
       ``(II) a description of any nonair-related environmental or 
     energy considerations regarding the technologies.

       ``(F) GAO report.--The Comptroller General of the United 
     States shall submit to Congress a report that--
       ``(i) identifies all Federal grant programs in which a 
     purpose of a grant under the program is to perform research 
     on carbon capture and utilization technologies, including 
     direct air capture technologies; and
       ``(ii) examines the extent to which the Federal grant 
     programs identified pursuant to clause (i) overlap or are 
     duplicative.''.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall submit to Congress a report 
     describing how funds appropriated to the Administrator during 
     the 5 most recent fiscal years have been used to carry out 
     section 103 of the Clean Air Act (42 U.S.C. 7403), including 
     a description of--
       (1) the amount of funds used to carry out specific 
     provisions of that section; and
       (2) the practices used by the Administrator to 
     differentiate funding used to carry out that section, as 
     compared to funding used to carry out other provisions of 
     law.
       (d) Inclusion of Carbon Capture Infrastructure Projects.--
     Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is 
     amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by inserting 
     ``carbon capture,'' after ``manufacturing,'';
       (B) in clause (i)(III), by striking ``or'' at the end;
       (C) by redesignating clause (ii) as clause (iii); and
       (D) by inserting after clause (i) the following:
       ``(ii) is covered by a programmatic plan or environmental 
     review developed for the primary purpose of facilitating 
     development of carbon dioxide pipelines; or''; and
       (2) by adding at the end the following:
       ``(C) Inclusion.--For purposes of subparagraph (A), 
     construction of infrastructure for carbon capture includes 
     construction of--
       ``(i) any facility, technology, or system that captures, 
     utilizes, or sequesters carbon dioxide emissions, including 
     projects for direct air capture (as defined in paragraph 
     (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 
     7403(g)); and
       ``(ii) carbon dioxide pipelines.''.
       (e) Development of Carbon Capture, Utilization, and 
     Sequestration Report, Permitting Guidance, and Regional 
     Permitting Task Force.--
       (1) Definitions.--In this subsection:
       (A) Carbon capture, utilization, and sequestration 
     projects.--The term ``carbon capture, utilization, and 
     sequestration projects'' includes projects for direct air 
     capture (as defined in paragraph (6)(B)(i) of section 103(g) 
     of the Clean Air Act (42 U.S.C. 7403(g))).
       (B) Efficient, orderly, and responsible.--The term 
     ``efficient, orderly, and responsible'' means, with respect 
     to development or the permitting process for carbon capture, 
     utilization, and sequestration projects and carbon dioxide 
     pipelines, a process that is completed in an expeditious 
     manner while maintaining environmental, health, and safety 
     protections.
       (2) Report.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Chair of the Council on 
     Environmental Quality (referred to in this section as the 
     ``Chair''), in consultation with the Administrator of the 
     Environmental Protection Agency, the Secretary of Energy, the 
     Secretary of the Interior, the Executive Director of the 
     Federal Permitting Improvement Council, and the head of any 
     other relevant Federal agency (as determined by the 
     President), shall prepare a report that--
       (i) compiles all existing relevant Federal permitting and 
     review information and resources for project applicants, 
     agencies, and other stakeholders interested in the deployment 
     of carbon capture, utilization, and sequestration projects 
     and carbon dioxide pipelines, including--

       (I) the appropriate points of interaction with Federal 
     agencies;
       (II) clarification of the permitting responsibilities and 
     authorities among Federal agencies; and
       (III) best practices and templates for permitting;

       (ii) inventories current or emerging activities that 
     transform captured carbon dioxide into a product of 
     commercial value, or as an input to products of commercial 
     value;
       (iii) inventories existing initiatives and recent 
     publications that analyze or identify priority carbon dioxide 
     pipelines needed to enable efficient, orderly, and 
     responsible development of carbon capture, utilization, and 
     sequestration projects at increased scale;
       (iv) identifies gaps in the current Federal regulatory 
     framework for the deployment of carbon capture, utilization, 
     and sequestration projects and carbon dioxide pipelines; and
       (v) identifies Federal financing mechanisms available to 
     project developers.
       (B) Submission; publication.--The Chair shall--
       (i) submit the report under subparagraph (A) to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives; and
       (ii) as soon as practicable, make the report publicly 
     available.
       (3) Guidance.--
       (A) In general.--After submission of the report under 
     paragraph (2)(B), but not later than 1 year after the date of 
     enactment of this Act, the Chair shall submit guidance 
     consistent with that report to all relevant Federal agencies 
     that--
       (i) facilitates reviews associated with the deployment of 
     carbon capture, utilization, and sequestration projects and 
     carbon dioxide pipelines; and
       (ii) supports the efficient, orderly, and responsible 
     development of carbon capture, utilization, and sequestration 
     projects and carbon dioxide pipelines.
       (B) Requirements.--
       (i) In general.--The guidance under subparagraph (A) shall 
     address requirements under--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (II) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       (III) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (V) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (VI) division A of subtitle III of title 54, United States 
     Code (formerly known as the ``National Historic Preservation 
     Act'');
       (VII) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
     seq.);
       (VIII) the Act of June 8, 1940 (16 U.S.C. 668 et seq.) 
     (commonly known as the ``Bald and Golden Eagle Protection 
     Act''); and
       (IX) any other Federal law that the Chair determines to be 
     appropriate.

       (ii) Environmental reviews.--The guidance under 
     subparagraph (A) shall include direction to States and other 
     interested parties for the development of programmatic 
     environmental reviews under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture, 
     utilization, and sequestration projects and carbon dioxide 
     pipelines.
       (iii) Public involvement.--The guidance under subparagraph 
     (A) shall be subject to the public notice, comment, and 
     solicitation of information procedures under section 1506.6 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (C) Submission; publication.--The Chair shall--
       (i) submit the guidance under subparagraph (A) to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives; and
       (ii) as soon as practicable, make the guidance publicly 
     available.
       (D) Evaluation.--The Chair shall--
       (i) periodically evaluate the reports of the task forces 
     under paragraph (4)(E) and, as necessary, revise the guidance 
     under subparagraph (A); and
       (ii) each year, submit to the Committee on Environment and 
     Public Works of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and relevant 
     Federal agencies a report that describes any recommendations 
     for legislation, rules, revisions to rules, or other policies 
     that would address the issues identified by the task forces 
     under paragraph (4)(E).
       (4) Task force.--
       (A) Establishment.--Not later than 18 months after the date 
     of enactment of this Act, the Chair shall establish not less 
     than 2 task forces, which shall each cover a different 
     geographical area with differing demographic, land use, or 
     geological issues--
       (i) to identify permitting and other challenges and 
     successes that permitting authorities and project developers 
     and operators face; and
       (ii) to improve the performance of the permitting process 
     and regional coordination for the purpose of promoting the 
     efficient, orderly, and responsible development of carbon 
     capture, utilization, and sequestration projects and carbon 
     dioxide pipelines.
       (B) Members and selection.--
       (i) In general.--The Chair shall--

       (I) develop criteria for the selection of members to each 
     task force; and
       (II) select members for each task force in accordance with 
     subclause (I) and clause (ii).

       (ii) Members.--Each task force--

[[Page S3396]]

       (I) shall include not less than 1 representative of each 
     of--

       (aa) the Environmental Protection Agency;
       (bb) the Department of Energy;
       (cc) the Department of the Interior;
       (dd) any other Federal agency the Chair determines to be 
     appropriate;
       (ee) any State that requests participation in the 
     geographical area covered by the task force;
       (ff) developers or operators of carbon capture, 
     utilization, and sequestration projects or carbon dioxide 
     pipelines; and
       (gg) nongovernmental membership organizations, the primary 
     mission of which concerns protection of the environment; and

       (II) at the request of a Tribal or local government, may 
     include a representative of--

       (aa) not less than 1 local government in the geographical 
     area covered by the task force; and
       (bb) not less than 1 Tribal government in the geographical 
     area covered by the task force.
       (C) Meetings.--
       (i) In general.--Each task force shall meet not less than 
     twice each year.
       (ii) Joint meeting.--To the maximum extent practicable, the 
     task forces shall meet collectively not less than once each 
     year.
       (D) Duties.--Each task force shall--
       (i) inventory existing or potential Federal and State 
     approaches to facilitate reviews associated with the 
     deployment of carbon capture, utilization, and sequestration 
     projects and carbon dioxide pipelines, including best 
     practices that--

       (I) avoid duplicative reviews;
       (II) engage stakeholders early in the permitting process; 
     and
       (III) make the permitting process efficient, orderly, and 
     responsible;

       (ii) develop common models for State-level carbon dioxide 
     pipeline regulation and oversight guidelines that can be 
     shared with States in the geographical area covered by the 
     task force;
       (iii) provide technical assistance to States in the 
     geographical area covered by the task force in implementing 
     regulatory requirements and any models developed under clause 
     (ii);
       (iv) inventory current or emerging activities that 
     transform captured carbon dioxide into a product of 
     commercial value, or as an input to products of commercial 
     value;
       (v) identify any priority carbon dioxide pipelines needed 
     to enable efficient, orderly, and responsible development of 
     carbon capture, utilization, and sequestration projects at 
     increased scale;
       (vi) identify gaps in the current Federal and State 
     regulatory framework and in existing data for the deployment 
     of carbon capture, utilization, and sequestration projects 
     and carbon dioxide pipelines;
       (vii) identify Federal and State financing mechanisms 
     available to project developers; and
       (viii) develop recommendations for relevant Federal 
     agencies on how to develop and research technologies that--

       (I) can capture carbon dioxide; and
       (II) would be able to be deployed within the region covered 
     by the task force, including any projects that have received 
     technical or financial assistance for research under 
     paragraph (6) of section 103(g) of the Clean Air Act (42 
     U.S.C. 7403(g)).

       (E) Report.--Each year, each task force shall prepare and 
     submit to the Chair and to the other task forces a report 
     that includes--
       (i) any recommendations for improvements in efficient, 
     orderly, and responsible issuance or administration of 
     Federal permits and other Federal authorizations required 
     under a law described in paragraph (3)(B)(i); and
       (ii) any other nationally relevant information that the 
     task force has collected in carrying out the duties under 
     subparagraph (D).
       (F) Evaluation.--Not later than 5 years after the date of 
     enactment of this Act, the Chair shall--
       (i) reevaluate the need for the task forces; and
       (ii) submit to Congress a recommendation as to whether the 
     task forces should continue.
                                 ______
                                 
  SA 1881. Mrs. HYDE-SMITH submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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 X, add the following:

     SEC. 1085. SENSE OF SENATE ON GOLD STAR FAMILIES REMEMBRANCE 
                   WEEK.

       (a) Findings.--The Senate makes the following findings:
       (1) The last Sunday in September--
       (A) is designated as ``Gold Star Mother's Day'' under 
     section 111 of title 36, United States Code; and
       (B) was first designated as ``Gold Star Mother's Day'' 
     under the Joint Resolution entitled ``Joint Resolution 
     designating the last Sunday in September as `Gold Star 
     Mother's Day', and for other purposes'', approved June 23, 
     1936 (49 Stat. 1895).
       (2) There is no date dedicated to families affected by the 
     loss of a loved one who died in service to the United States.
       (3) A gold star symbolizes a family member who died in the 
     line of duty while serving in the Armed Forces.
       (4) The members and veterans of the Armed Forces, through 
     their service, bear the burden of protecting the freedom of 
     the people of the United States.
       (5) The selfless example of the service of the members and 
     veterans of the Armed Forces, as well as the sacrifices made 
     by the families of those individuals, inspires all 
     individuals in the United States to sacrifice and work 
     diligently for the good of the United States.
       (6) The sacrifices of the families of the fallen members of 
     the Armed Forces and the families of veterans of the Armed 
     Forces should never be forgotten.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Senate--
       (1) designates the week of September 20 through September 
     26, 2020, as ``Gold Star Families Remembrance Week'';
       (2) honors and recognizes the sacrifices made by--
       (A) the families of members of the Armed Forces who made 
     the ultimate sacrifice in order to defend freedom and protect 
     the United States; and
       (B) the families of veterans of the Armed Forces; and
       (3) encourages the people of the United States to observe 
     Gold Star Families Remembrance Week by--
       (A) performing acts of service and good will in their 
     communities; and
       (B) celebrating families in which loved ones made the 
     ultimate sacrifice so that others could continue to enjoy 
     life, liberty, and the pursuit of happiness.
                                 ______
                                 
  SA 1882. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. REPORT ON INVENTORY OF STOCK AND SURPLUS CH-46 
                   PARTS.

       Not later than September 1, 2021, the Defense Logistics 
     Agency shall submit to the congressional defense committees a 
     report that includes the following:
       (1) A comprehensive catalog of excess, inventory, spare, 
     and surplus CH-46 parts.
       (2) An explanation on how the Defense Logistics Agency 
     disposes of excess, inventory, spare, and surplus CH-46 parts 
     and the status of such depositions.
       (3) An assessment of limiting factors for CH-46 spare and 
     surplus parts for commercial use.
                                 ______
                                 
  SA 1883. Mr. ROMNEY (for himself, Mr. Coons, Ms. Hassan, and Ms. 
Cortez Masto) submitted an amendment intended to be proposed by him to 
the bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. STATEMENT OF POLICY ON COOPERATION IN THE INDO-
                   PACIFIC REGION.

       It is the policy of the United States--
       (1) to strengthen alliances and partnerships in the Indo-
     Pacific region and Europe and with like-minded countries 
     around the globe to effectively compete with the People's 
     Republic of China; and
       (2) to work in collaboration with such allies and 
     partners--
       (A) to address significant diplomatic, economic, and 
     military challenges posed by the People's Republic of China;
       (B) to deter the People's Republic of China from pursuing 
     military aggression;
       (C) to promote the peaceful resolution of territorial 
     disputes in accordance with international law;
       (D) to promote private sector-led long-term economic 
     development while countering efforts by the Government of the 
     People's Republic of China to leverage predatory economic 
     practices as a means of political and economic coercion in 
     the Indo-Pacific region and beyond;
       (E) to promote the values of democracy and human rights, 
     including through efforts to end the repression by the 
     Chinese Communist Party of political dissidents and Uyghurs 
     and other ethnic Muslim minorities, Tibetan Buddhists, 
     Christians, and other minorities;
       (F) to respond to the crackdown by the Chinese Communist 
     Party, in contravention of the commitments made under the 
     Sino-British Joint Declaration of 1984 and the Basic Law of 
     Hong Kong, on the legitimate aspirations of the people of 
     Hong Kong; and
       (G) to counter the Chinese Communist Party's efforts to 
     spread disinformation in the People's Republic of China and 
     beyond with respect to the response of the Chinese Communist 
     Party to COVID-19.

[[Page S3397]]

  

                                 ______
                                 
  SA 1884. Mr. ROMNEY (for himself, Mr. King, and Mrs. Shaheen) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 12__. COMPARATIVE STUDIES ON DEFENSE BUDGET TRANSPARENCY 
                   OF THE PEOPLE'S REPUBLIC OF CHINA, THE RUSSIAN 
                   FEDERATION, AND THE UNITED STATES.

       (a) Studies Required.--
       (1) Department of defense study.--Not later than 270 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, acting through the Director of the Defense 
     Intelligence Agency, in consultation with the Under Secretary 
     of Defense (Comptroller), the Director of the Office of Cost 
     Assessment and Program Evaluation, the Director of the Office 
     of Net Assessment, the Assistant Secretary of Defense for 
     Indo-Pacific Security Affairs, and the Assistant Secretary of 
     Defense for International Security Affairs, shall complete a 
     comparative study on the defense budgets of the People's 
     Republic of China, the Russian Federation, and the United 
     States.
       (2) Independent study.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     offer to enter into an agreement with not more than two 
     entities independent of the Department to conduct a 
     comparative study on the defense budgets of the People's 
     Republic of China, the Russian Federation, and the United 
     States, to be completed not later than 270 days after the 
     date of the enactment of this Act.
       (B) Federally funded research and development center.--Not 
     fewer than one entity described in subparagraph (A) shall be 
     a federally funded research and development center.
       (b) Goal.--The goal of the studies required by subsection 
     (a) shall be to develop a methodologically sound set of 
     assumptions to underpin a comparison of the defense spending 
     of the People's Republic of China, the Russian Federation, 
     and the United States.
       (c) Elements.--Each study required by subsection (a) shall 
     do the following:
       (1) Develop consistent functional categories for spending, 
     including--
       (A) defense-related research and development;
       (B) weapons procurement;
       (C) operations and maintenance; and
       (D) pay and benefits.
       (2) Consider the effects of purchasing power parity and 
     market exchange rates, particularly on nontraded goods.
       (3) Consider differences in the relative prices of goods 
     and labor within each subject country.
       (4) Compare the costs of labor and benefits for the defense 
     workforce of each subject country.
       (5) Account for discrepancies in the manner in which each 
     subject country accounts for certain functional types of 
     defense-related spending.
       (6) Explicitly estimate the magnitude of omitted spending 
     from official defense budget information.
       (7) Evaluate the adequacy of the United Nations database on 
     military expenditures.
       (8) Exclude spending related to veterans' benefits.
       (d) Report.--Not later than 30 days after the date on which 
     the studies required by subsection (a) are completed, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the results of each study, together with the views 
     of the Secretary on each study.
       (e) Form.--The report required by subsection (d) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 1885. Mr. ROMNEY (for himself, Mr. Graham, Mr. Rubio, Mr. Coons, 
Mr. Kaine, and Mrs. Shaheen) submitted an amendment intended to be 
proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1242. LIMITATION ON USE OF FUNDS TO REDUCE TOTAL NUMBER 
                   OF MEMBERS OF THE ARMED FORCES SERVING ON 
                   ACTIVE DUTY WHO ARE DEPLOYED TO THE FEDERAL 
                   REPUBLIC OF GERMANY.

       (a) In General.--None of the funds authorized to be 
     appropriated by this Act, or authorized to be appropriated to 
     the Department of Defense for fiscal year 2020, may be 
     obligated or expended to reduce the total number of members 
     of the Armed Forces serving on active duty who are deployed 
     to the Federal Republic of Germany below 34,500 until 60 days 
     after the date on which the Secretary of Defense certifies, 
     not less than 30 days after the submittal of the report 
     required by subsection (b), to the appropriate committees of 
     Congress, that--
       (1) such a reduction--
       (A) is in the national security interest of the United 
     States;
       (B) will not undermine the security of United States allies 
     and partners in Europe;
       (C) will not undermine the deterrence and defense posture 
     of the North Atlantic Treaty Organization;
       (D) will not pose an unacceptable risk to the ability of 
     the Armed Forces to execute contingency plans of the 
     Department of the Defense;
       (E) will not adversely impact ongoing operations of the 
     Armed Forces, including operations in the areas of 
     responsibility of the United States Central Command and the 
     United States Africa Command;
       (F) will not negatively impact military families; and
       (G) will not result in significant additional costs for 
     redeployment and relocation and associated infrastructure; 
     and
       (2) the Secretary has appropriately consulted with allies 
     of the United States, including the Federal Republic of 
     Germany and other members of the North Atlantic Treaty 
     Organization, and the Secretary General of the North Atlantic 
     Treaty Organization.
       (b) Report.--
       (1) In general.--Not later than 30 days before the 
     submittal of a certification under subsection (a), the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a report that includes the following:
       (A) A description of any security factor that provides the 
     basis for the decision to reduce the total number of members 
     of the Armed Forces serving on active duty who are deployed 
     to the Federal Republic of Germany.
       (B) A description of the reduction in such members of the 
     Armed Forces to be certified, including the number of active 
     duty members of the Armed Forces and support personnel to be 
     reduced and any other limitation on the number of active duty 
     or rotational members of the Armed Forces present in the 
     Federal Republic of Germany.
       (C) A plan for the relocation and redeployment of members 
     of the Armed Forces from the Federal Republic of Germany, and 
     any associated relocation of military families, including the 
     proposed numbers and locations of relocated or redeployed 
     members of the Armed Forces and military families, and an 
     estimate of the costs of such redeployment and relocation and 
     associated infrastructure.
       (D) An assessment of the impact of such reduction and 
     redeployment on military families, including--
       (i) an assessment of the impact on the availability of 
     family support programs and services in new locations, 
     including options for military spouse employment and quality 
     of care for Exceptional Family Member Program enrollees;
       (ii) an estimate of associated facilities costs necessary 
     to support military families in new locations, such as 
     housing, schools, childcare, direct or purchased medical 
     care, commissaries, and exchanges;
       (iii) an estimate of the number of members of the Armed 
     Forces who would transition from accompanied tours in the 
     Federal Republic of Germany to unaccompanied tours in other 
     locations;
       (iv) an assessment of the impact of family separation on 
     the mental health and stability of military spouses and 
     children; and
       (v) an estimate of the number of resulting vacancies of 
     Department of Defense civil service positions, including such 
     positions presently filled by military spouses.
       (E) An assessment of the impact of such reduction and 
     redeployment on the ability of the United States to meet its 
     commitments under the North Atlantic Treaty.
       (F) An assessment of the impact of such reduction and 
     redeployment on the ability of the Armed Forces--
       (i) to execute contingency plans of the Department of 
     Defense;
       (ii) to conduct training and exercises with North Atlantic 
     Treaty Organization allies and to maintain a sufficient 
     standard of alliance interoperability; and
       (iii) to perform assigned missions and support of ongoing 
     operations in the Middle East and Africa.
       (2) Form.--The report required by paragraph (1) shall be in 
     classified form and shall include an unclassified summary.
       (c) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives.
                                 ______
                                 
  SA 1886. Mr. CRUZ (for himself, Mrs. Shaheen, Mr. Barrasso, Mr. 
Johnson, and Mr. Cotton) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and

[[Page S3398]]

for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1242. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING 
                   TO CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM 
                   PIPELINE PROJECTS.

       (a) In General.--Subsection (a)(1) of section 7503 of the 
     Protecting Europe's Energy Security Act of 2019 (title LXXV 
     of Public Law 116-92) is amended--
       (1) in subparagraph (A), by inserting ``or pipe-laying 
     activities'' after ``pipe-laying''; and
       (2) in subparagraph (B)--
       (A) in clause (i)--
       (i) by inserting ``, or facilitated selling, leasing, or 
     providing,'' after ``provided''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(iii) provided underwriting services or insurance or 
     reinsurance for those vessels;
       ``(iv) provided services or facilities for technology 
     upgrades or installation of welding equipment for, or 
     retrofitting or tethering of, those vessels; or
       ``(v) provided services for the testing, inspection, or 
     certification necessary for, or associated with the operation 
     of, the Nord Stream 2 pipeline.''.
       (b) Definitions.--Subsection (i) of such section is 
     amended--
       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following:
       ``(5) Pipe-laying activities.--The term `pipe-laying 
     activities' means activities that facilitate pipe-laying, 
     including site preparation, trenching, surveying, placing 
     rocks, backfilling, stringing, bending, welding, coating, and 
     lowering of pipe.''.
                                 ______
                                 
  SA 1887. Mrs. HYDE-SMITH submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle D of title I, add the following:

     SEC. 156. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
                   OF KC-135 AIRCRAFT.

        None of the funds authorized to be appropriated by this 
     Act or otherwise made available for fiscal year 2021 for the 
     Air Force may be obligated or expended to reduce the number 
     of KC-135 aircraft in the primary mission aircraft inventory 
     of the Air Force until the date on which three air wings of 
     KC-46 aircrafts are fully operational.
                                 ______
                                 
  SA 1888. Mr. PORTMAN (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle A of title XII, add the following:

     SEC. 1210. MODIFICATION TO AND HIRING AUTHORITY FOR THE 
                   GLOBAL ENGAGEMENT CENTER.

       (a) Elimination of Termination Date for the Global 
     Engagement Center.--Section 1287 of the National Defense 
     Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) 
     is amended--
       (1) in subsection (h), by striking the second sentence; and
       (2) by striking subsection (j).
       (b) Hiring Authority for Global Engagement Center.--
     Notwithstanding any other provision of law, the Secretary of 
     State, on a time-limited basis and solely to carry out 
     functions of the Global Engagement Center established by such 
     section, may--
       (1) appoint employees without regard to the provisions of 
     title 5, United States Code, regarding appointments in the 
     competitive service; and
       (2) fix the basic compensation of such employees without 
     regard to chapter 51 and subchapter III of chapter 53 of such 
     title regarding classification and General Schedule pay 
     rates.
                                 ______
                                 
  SA 1889. Mr. PORTMAN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       In the funding table in section 4101, in the item relating 
     to Stryker Upgrade, strike the amount in the Senate 
     Authorized column and insert ``1,222,000''.
       In the funding table in section 4101, in the item relating 
     to Total Procurement of W&TCV, Army, strike the amount in the 
     Senate Authorized column and insert ``4,016,028''.
                                 ______
                                 
  SA 1890. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. EXPANSION OF NATIONAL SECURITY STRATEGY FOR 
                   NATIONAL TECHNOLOGY INDUSTRIAL BASE TO INCLUDE 
                   SURGE CAPACITY.

       Section 2501(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(11) Ensuring domestic manufacturing capacity of items, 
     including goods compliant with the section 2533a of title 10, 
     United States Code (commonly referred to as the `Berry 
     Amendment'), in anticipation of periods necessitating surges 
     in production.''.
                                 ______
                                 
  SA 1891. Mr. PORTMAN (for himself, Mr. Schatz, Ms. Ernst, and Mr. 
Peters) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. DEEPFAKE REPORT.

       (a) Definitions.--In this section:
       (1) Digital content forgery.--The term ``digital content 
     forgery'' means the use of emerging technologies, including 
     artificial intelligence and machine learning techniques, to 
     fabricate or manipulate audio, visual, or text content with 
     the intent to mislead.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Reports on Digital Content Forgery Technology.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for 5 years, 
     the Secretary, acting through the Under Secretary for Science 
     and Technology, shall produce a report on the state of 
     digital content forgery technology.
       (2) Contents.--Each report produced under paragraph (1) 
     shall include--
       (A) an assessment of the underlying technologies used to 
     create or propagate digital content forgeries, including the 
     evolution of such technologies;
       (B) a description of the types of digital content 
     forgeries, including those used to commit fraud, cause harm, 
     or violate civil rights recognized under Federal law;
       (C) an assessment of how foreign governments, and the 
     proxies and networks thereof, use, or could use, digital 
     content forgeries to harm national security;
       (D) an assessment of how non-governmental entities in the 
     United States use, or could use, digital content forgeries;
       (E) an assessment of the uses, applications, dangers, and 
     benefits of deep learning technologies used to generate high 
     fidelity artificial content of events that did not occur, 
     including the impact on individuals;
       (F) an analysis of the methods used to determine whether 
     content is genuinely created by a human or through digital 
     content forgery technology and an assessment of any effective 
     heuristics used to make such a determination, as well as 
     recommendations on how to identify and address suspect 
     content and elements to provide warnings to users of the 
     content;
       (G) a description of the technological counter-measures 
     that are, or could be, used to address concerns with digital 
     content forgery technology; and
       (H) any additional information the Secretary determines 
     appropriate.
       (3) Consultation and public hearings.--In producing each 
     report required under paragraph (1), the Secretary may--
       (A) consult with any other agency of the Federal Government 
     that the Secretary considers necessary; and
       (B) conduct public hearings to gather, or otherwise allow 
     interested parties an opportunity to present, information and 
     advice relevant to the production of the report.
       (4) Form of report.--Each report required under paragraph 
     (1) shall be produced in unclassified form, but may contain a 
     classified annex.
       (5) Applicability of foia.--Nothing in this section, or in 
     a report produced under this

[[Page S3399]]

     section, shall be construed to allow the disclosure of 
     information or a record that is exempt from public disclosure 
     under section 552 of title 5, United States Code (commonly 
     known as the ``Freedom of Information Act'').
       (6) Applicability of the paperwork reduction act.--
     Subchapter I of chapter 35 of title 44, United States Code 
     (commonly known as the ``Paperwork Reduction Act''), shall 
     not apply to this section.
                                 ______
                                 
  SA 1892. Mr. PORTMAN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 240. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND 
                   TECHNOLOGY ACTIVITIES ON WORK WITH ACADEMIC 
                   CONSORTIA TO DEVELOP A STRATEGY TO SECURE 
                   EMBEDDED HARDWARE IN DEPARTMENT OF DEFENSE 
                   CAPABILITIES.

       Section 257(b)(2) of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1291) is 
     amended by adding at the end the following new subparagraph:
       ``(J) Efforts to work with academic consortia to secure 
     embedded hardware, in coordination with the Department of 
     Defense labs, in Department capabilities and research on 
     ensuring cybersecurity protection for computer hardware that 
     is affordable, assured, and reliable.''.
                                 ______
                                 
  SA 1893. Mr. PORTMAN (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. NATIONAL AI RESEARCH RESOURCE TASK FORCE.

       (a) Definitions.--In this section:
       (1) National artificial intelligence research resource.--
     The term ``national artificial intelligence research 
     resource'' mean a system that provides researchers and 
     students across scientific fields and disciplines with access 
     to compute resources, co-located with publicly-available, 
     artificial intelligence-ready government and nongovernment 
     data sets and a research environment with appropriate 
     educational tools and user support.
       (2) Ownership.--The term ``ownership'', with respect to a 
     national artificial intelligence research resource, means 
     responsibility and accountability for--
       (A) the implementation, deployment, and ongoing development 
     of the resource; and
       (B) providing staff to support such implementation, 
     deployment, and ongoing development.
       (b) Establishment of Task Force.--
       (1) Establishment.--
       (A) In general.--The Director of the National Science 
     Foundation, in coordination with the Director of the Office 
     of Science and Technology Policy, shall establish a task 
     force--
       (i) to investigate the feasibility and advisability of 
     establishing a national artificial intelligence research 
     resource; and
       (ii) to propose a roadmap detailing how such resource 
     should be established and sustained.
       (B) Designation.--The task force established by 
     subparagraph (A) shall be known as the ``National Artificial 
     Intelligence Research Resource Task Force'' (in this section 
     referred to as the ``Task Force'').
       (2) Membership.--
       (A) Composition.--The Task Force shall be composed of 12 
     members selected by the co-chairpersons of the Task Force 
     from among technical experts in artificial intelligence or 
     related subjects, of whom--
       (i) 4 shall be representatives from the Federal Government, 
     including the co-chairpersons of the Task Force;
       (ii) 4 shall be representatives from institutions of higher 
     educations (as such term is defined in section 101 of the 
     Higher Education Act of 1965 (20 U.S.C. 1001)); and
       (iii) 4 shall be representatives from private 
     organizations.
       (B) Appointment.--Not later than 120 days after enactment 
     of this Act, the co-chairpersons of the Task Force shall 
     appoint members to the Task Force pursuant to subparagraph 
     (A).
       (C) Term of appointment.--Members of the Task Force shall 
     be appointed for the life of the Task Force.
       (D) Vacancy.--Any vacancy occurring in the membership of 
     the Task Force shall be filled in the same manner in which 
     the original appointment was made.
       (E) Co-chairpersons.--The Director of the Office of Science 
     and Technology Policy and the Director of the National 
     Sciences Foundation, or their designees, shall be the co-
     chairpersons of the Task Force. If the role of the Director 
     of the National Science Foundation is vacant, the Chair of 
     the National Science Board shall act as a co-chairperson of 
     the Task Force in lieu of the Director of the National 
     Science Foundation.
       (F) Expenses for non-federal members.--Non-Federal members 
     of the Task Force shall be allowed travel expenses, including 
     per diem in lieu of subsistence, at rates authorized for 
     employees under subchapter I of chapter 57 of title 5, United 
     States Code, while away from their homes or regular places of 
     business in the performance of services for the Task Force.
       (c) Roadmap and Implementation Plan.--
       (1) In general.--The Task Force shall develop a coordinated 
     roadmap and implementation plan for establishing and 
     sustaining a national artificial intelligence research 
     resource.
       (2) Contents.--The roadmap and plan required by paragraph 
     (1) shall include the following:
       (A) Goals for establishment and sustainment of a national 
     artificial intelligence research resource and metrics for 
     success.
       (B) A plan for ownership and administration of such 
     resource, including--
       (i) an appropriate agency or organization responsible for 
     the implementation, deployment, and administration of the 
     resource; and
       (ii) a governance structure for the resource, including 
     oversight and decisionmaking authorities.
       (C) A model for governance and oversight to establish 
     strategic direction, make programmatic decisions, and manage 
     the allocation of resources.
       (D) Capabilities required to create and maintain a shared 
     computing infrastructure to facilitate access to computing 
     resources for researchers across the country, including 
     scalability, secured access control, resident data 
     engineering and curation expertise, provision of curated, 
     data sets, compute resources, educational tools and services, 
     and a user interface portal.
       (E) An assessment of, and recommend solutions to, barriers 
     to the dissemination and use of high-quality government data 
     sets as part of the national artificial intelligence research 
     resource.
       (F) An assessment of security requirements associated with 
     the national artificial intelligence research resource and 
     its research and a recommendation for a framework for the 
     management of access controls.
       (G) An assessment of privacy and civil liberties 
     requirements associated with the national artificial 
     intelligence research resource and its research.
       (H) A plan for sustaining the national artificial 
     intelligence research resource, including through Federal 
     funding and partnerships with the private sector.
       (I) The parameters for the establishment and sustainment of 
     the national artificial intelligence research resource, 
     including roles and responsibilities for Federal agencies and 
     milestones to establish and sustain the resource.
       (d) Consultations.--In carrying out subsection (c), the 
     Task Force shall consult with the following:
       (1) The National Science Foundation.
       (2) The Office of Science and Technology Policy.
       (3) The National Academies of Sciences, Engineering, and 
     Medicine.
       (4) The National Institute of Standards and Technology.
       (5) The Defense Advanced Research Projects Agency.
       (6) The Intelligence Advanced Research Projects Activity.
       (7) The Department of Energy.
       (8) The Department of Defense.
       (9) The General Services Administration.
       (10) Private industry.
       (11) Institutions of higher education.
       (12) Such other persons as the Task Force considers 
     appropriate.
       (e) Staff.--Staff of the Task Force shall comprise 
     detailees with expertise in artificial intelligence, or 
     related fields from the Office of Science and Technology 
     Policy, the National Science Foundation, or any other Federal 
     agency the co-chairpersons consider appropriate, with the 
     consent of the head of the Federal agency. The co-
     chairpersons may hire staff from outside the Federal 
     government for the duration of the task force.
       (f) Task Force Reports.--
       (1) Initial report.--Not later than 6 months after the date 
     on which all of the appointments have been made under 
     subsection (b)(2)(B), the Task Force shall submit to Congress 
     and the President an interim report containing the findings, 
     conclusions, and recommendations of the Task Force. The 
     report shall include specific recommendations regarding steps 
     the Task Force believes necessary for the establishment and 
     sustainment of a national artificial intelligence research 
     resource.
       (2) Final report.--Not later than 3 months after the 
     submittal of the interim report under paragraph (1), the Task 
     Force shall submit to Congress and the President a final 
     report containing the findings, conclusions, and 
     recommendations of the Task Force, including the specific 
     recommendations developed under subsection (c).
       (g) Termination.--
       (1) In general.--The Task Force shall terminate 90 days 
     after the date on which it

[[Page S3400]]

     submits the final report under subsection (f)(2).
       (2) Records.--Upon termination of the Task Force, all of 
     its records shall become the records of the National Archives 
     and Records Administration.
                                 ______
                                 
  SA 1894. Mr. PORTMAN (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. REPORT ON DEPARTMENT OF DEFENSE STRATEGY ON 
                   ARTIFICIAL INTELLIGENCE STANDARDS.

       (a) Report Required.--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 role of the 
     Department of Defense in the development of artificial 
     intelligence standards.
       (b) Contents.--The report required by subsection (a) shall 
     include an assessment of each of the following:
       (1) The need for the Department of Defense to develop an 
     artificial intelligence standards strategy.
       (2) Any efforts to date on the development of such a 
     strategy.
       (3) The ways in which an artificial intelligence standards 
     strategy will improve the national security.
       (4) How the Secretary intends to collaborate with--
       (A) the Director of the National Institute of Standards and 
     Technology;
       (B) the Secretary of Homeland Security;
       (C) the intelligence community;
       (D) the Secretary of State;
       (E) representatives of private industry, specifically 
     representatives of the defense industrial base; and
       (F) representatives of any other agencies, entities, 
     organizations, or persons the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 1895. Mr. RUBIO (for himself, Mr. Coons, Mr. Risch, and Mr. 
Menendez) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII of division A, add the following:

          Subtitle H--United States-Israel Security Assistance

     SEC. 1290. SHORT TITLE.

       This subtitle may be cited as the ``United States-Israel 
     Security Assistance Authorization Act of 2020''.

     SEC. 1290A. DEFINITION.

       In this subtitle, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Armed Services of the House of 
     Representatives.

               CHAPTER 1--SECURITY ASSISTANCE FOR ISRAEL

     SEC. 1291. FINDINGS.

       Congress makes the following findings:
       (1) On September 14, 2016, the United States and Israel 
     signed a 10-year Memorandum of Understanding to reaffirm the 
     importance of continuing annual United States military 
     assistance to Israel and cooperative missile defense programs 
     in a way that enhances Israel's security and strengthens the 
     bilateral relationship between the 2 countries.
       (2) The 2016 Memorandum of Understanding reflects United 
     States support of Foreign Military Financing grant assistance 
     to Israel over a 10-year period beginning in fiscal year 2019 
     and ending in fiscal year 2028.
       (3) The 2016 Memorandum of Understanding also reflects 
     United States support for funding for cooperative programs to 
     develop, produce, and procure missile, rocket, and projectile 
     defense capabilities during such 10-year period at an average 
     funding level of $500,000,000 per year, totaling 
     $5,000,000,000 for such period.

     SEC. 1292. STATEMENT OF POLICY.

       It is the policy of the United States to provide assistance 
     to the Government of Israel for the development and 
     acquisition of advanced capabilities that Israel requires to 
     meet its security needs and to enhance United States 
     capabilities.

     SEC. 1293. SECURITY ASSISTANCE FOR ISRAEL.

       Section 513(c) of the Security Assistance Act of 2000 
     (Public Law 106-280; 114 Stat. 856) is amended--
       (1) in paragraph (1), by striking ``2002 and 2003'' and 
     inserting ``2021, 2022, 2023, 2024, 2025, 2026, 2027, and 
     2028'';
       (2) in paragraph (2), by striking ``equal to--'' and all 
     that follows and inserting ``not less than $3,300,000,000.''; 
     and
       (3) by amending paragraph (3) to read as follows:
       ``(3) Disbursement of funds.--Amounts authorized to be 
     available for Israel under paragraph (1) and subsection 
     (b)(1) for fiscal years 2021, 2022, 2023, 2024, 2025, 2026, 
     2027, and 2028 shall be disbursed not later than 30 days 
     after the date of the enactment of an Act making 
     appropriations for the Department of State, foreign 
     operations, and related programs for the respective fiscal 
     year, or October 31 of the respective fiscal year, whichever 
     is later.''.

     SEC. 1294. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.

       (a) Department of Defense Appropriations Act, 2005.--
     Section 12001(d) of the Department of Defense Appropriations 
     Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by 
     striking ``September 30, 2020'' and inserting ``after 
     September 30, 2025''.
       (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321h(b)(2)(A)) is amended by striking ``2013, 2014, 2015, 
     2016, 2017, 2018, 2019, and 2020'' and inserting ``2021, 
     2022, 2023, 2024, and 2025''.

     SEC. 1295. EXTENSION OF LOAN GUARANTEES TO ISRAEL.

       Chapter 5 of title I of the Emergency Wartime Supplemental 
     Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) 
     is amended under the heading ``Loan Guarantees to Israel''--
       (1) in the matter preceding the first proviso, by striking 
     ``September 30, 2023'' and inserting ``September 30, 2025''; 
     and
       (2) in the second proviso, by striking ``September 30, 
     2023'' and inserting ``September 30, 2025''.

     SEC. 1296. TRANSFER OF PRECISION GUIDED MUNITIONS TO ISRAEL.

       (a) In General.--Notwithstanding section 514 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321h), the President is 
     authorized to transfer to Israel precision guided munitions 
     from reserve stocks for Israel in such quantities as may be 
     necessary for legitimate self-defense of Israel and is 
     otherwise consistent with the purposes and conditions for 
     such transfers under the Arms Export Control Act (22 U.S.C. 
     2751 et seq.).
       (b) Certifications.--Except in case of emergency, as 
     determined by the President, not later than 5 days before 
     making a transfer under subsection (a), the President shall 
     certify to the appropriate congressional committees that the 
     transfer of the precision guided munitions--
       (1) does not affect the ability of the United States to 
     maintain a sufficient supply of precision guided munitions;
       (2) does not harm the combat readiness of the United States 
     or the ability of the United States to meet its commitment to 
     allies for the transfer of such munitions;
       (3) is necessary for Israel to counter the threat of 
     rockets in a timely fashion; and
       (4) is in the national security interest of the United 
     States.

     SEC. 1297. SENSE OF CONGRESS ON RAPID ACQUISITION AND 
                   DEPLOYMENT PROCEDURES.

       It is the sense of Congress that the President should--
       (1) prescribe procedures for the rapid acquisition and 
     deployment of precision guided munitions for United States 
     counterterrorism missions; or
       (2) assist Israel, which is an ally of the United States, 
     to protect itself against direct missile threats.

     SEC. 1298. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE 
                   AUTHORIZATION EXCEPTION TO CERTAIN EXPORT 
                   CONTROL LICENSING REQUIREMENTS.

       (a) Findings.--Congress finds the following:
       (1) Israel has adopted high standards in the field of 
     weapons export controls.
       (2) Israel has declared its unilateral adherence to the 
     Missile Technology Control Regime, the Australia Group, and 
     the Nuclear Suppliers Group.
       (3) Israel is a party to--
       (A) the Protocol for the Prohibition of the Use in War of 
     Asphyxiating, Poisonous or Other Gases, and of 
     Bacteriological Methods of Warfare, signed at Geneva June 17, 
     1925 (commonly known as the ``Geneva Protocol'');
       (B) the Convention on the Physical Protection of Nuclear 
     Material, signed at Vienna and New York March 3, 1980; and
       (C) the Convention on Prohibitions or Restrictions on the 
     Use of Certain Conventional Weapons Which may be Deemed to be 
     Excessively Injurious or to Have Indiscriminate Effects, 
     signed at Geneva October 10, 1980.
       (4) Section 6(b) of the United States-Israel Strategic 
     Partnership Act of 2014 (22 U.S.C. 8603 note) directs the 
     President, consistent with the commitments of the United 
     States under international agreements, to take steps so that 
     Israel may be included in the list of countries eligible for 
     the strategic trade authorization exception under section 
     740.20(c)(1) of title 15, Code of Federal Regulations, to the 
     requirement for a license for the export, re-export, or in-
     country transfer of an item subject to controls under the 
     Export Administration Regulations.
       (b) Briefing on Eligibility for Strategic Trade 
     Authorization Exception.--Not later than 120 days after the 
     date of the enactment

[[Page S3401]]

     of this Act, the President shall brief the appropriate 
     congressional committees by describing the steps taken to 
     include Israel in the list of countries eligible for the 
     strategic trade authorization exception under section 
     740.20(c)(1) of title 15, Code of Federal Regulations, as 
     required under section 6(b) of the United States-Israel 
     Strategic Partnership Act of 2014 (Public Law 113-296).

          CHAPTER 2--ENHANCED UNITED STATES-ISRAEL COOPERATION

     SEC. 1299. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT 
                   MEMORANDA OF UNDERSTANDING TO ENHANCE 
                   COOPERATION WITH ISRAEL.

       (a) Findings.--Congress finds that the United States Agency 
     for International Development and Israel's Agency for 
     International Development Cooperation signed memoranda of 
     understanding in 2012, 2017, and 2019 to coordinate the 
     agencies' respective efforts to promote common development 
     goals in third countries.
       (b) Sense of Congress Regarding USAID Policy.--It is the 
     sense of Congress that the Department of State and the United 
     States Agency for International Development should continue 
     to cooperate with Israel to advance common development goals 
     in third countries across a wide variety of sectors, 
     including energy, agriculture, food security, democracy, 
     human rights, governance, economic growth, trade, education, 
     environment, global health, water, and sanitation.
       (c) Memoranda of Understanding.--The Secretary of State, 
     acting through the Administrator of the United States Agency 
     for International Development, may enter into memoranda of 
     understanding with Israel to advance common goals on energy, 
     agriculture, food security, democracy, human rights, 
     governance, economic growth, trade, education, environment, 
     global health, water, and sanitation, with a focus on 
     strengthening mutual ties and cooperation with nations 
     throughout the world.

     SEC. 1299A. COOPERATIVE PROJECTS AMONG THE UNITED STATES, 
                   ISRAEL, AND DEVELOPING COUNTRIES.

       Section 106 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151d) is amended by striking subsections (e) and (f) 
     and inserting the following:
       ``(e) There are authorized to be appropriated $2,000,000 
     for each of the fiscal years 2021 through 2025 to finance 
     cooperative projects among the United States, Israel, and 
     developing countries that identify and support local 
     solutions to address sustainability challenges relating to 
     water resources, agriculture, and energy storage, including--
       ``(1) establishing public-private partnerships;
       ``(2) supporting the identification, research, development 
     testing, and scaling of innovations that focus on populations 
     that are vulnerable to environmental and resource-scarcity 
     crises, such as subsistence farming communities;
       ``(3) seed or transition-to-scale funding;
       ``(4) clear and appropriate branding and marking of United 
     States funded assistance, in accordance with section 641; and
       ``(5) accelerating demonstrations or applications of local 
     solutions to sustainability challenges, or the further 
     refinement, testing, or implementation of innovations that 
     have previously effectively addressed sustainability 
     challenges.
       ``(f) Amounts appropriated pursuant to subsection (e) shall 
     be obligated in accordance with the memoranda of 
     understanding referred to in subsections (a) and (c) of 
     section 1299 of the United States-Israel Security Assistance 
     Authorization Act of 2020''.

     SEC. 1299B. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION 
                   AND HIGH-TECH FOR THE MIDDLE EAST REGION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should help foster cooperation in the 
     Middle East region by financing and, as appropriate, 
     cooperating in projects related to innovation and advanced 
     technologies; and
       (2) projects referred to in paragraph (1) should--
       (A) contribute to development and the quality of life in 
     the Middle East region through the application of research 
     and advanced technology; and
       (B) contribute to Arab-Israeli cooperation by establishing 
     strong working relationships that last beyond the life of 
     such projects.
       (b) Establishment.--The Secretary of State, acting through 
     the Administrator of the United States Agency for 
     International Development, is authorized to seek to establish 
     a program between the United States and appropriate regional 
     partners to provide for cooperation in the Middle East region 
     by supporting projects related to innovation and advanced 
     technologies.
       (c) Project Requirements.--Each project carried out under 
     the program established pursuant to subsection (b)--
       (1) shall include the participation of at least 1 entity 
     from Israel and 1 entity from another regional partner; and
       (2) shall be conducted in a manner that appropriately 
     protects sensitive information, intellectual property, the 
     national security interests of the United States, and the 
     national security interests of Israel.

     SEC. 1299C. SENSE OF CONGRESS ON UNITED STATES-ISRAEL 
                   ECONOMIC COOPERATION.

       It is the sense of Congress that--
       (1) the United States-Israel economic partnership--
       (A) has achieved great tangible and intangible benefits to 
     both countries; and
       (B) is a foundational component of the strong alliance;
       (2) science and technology innovations present promising 
     new frontiers for United States-Israel economic cooperation, 
     particularly in light of widespread drought, cybersecurity 
     attacks, and other major challenges impacting the United 
     States; and
       (3) the President should regularize and expand existing 
     forums of economic dialogue with Israel and foster both 
     public and private sector participation.

     SEC. 1299D. COOPERATION ON DIRECTED ENERGY CAPABILITIES.

       (a) Authority.--
       (1) In general.--The Secretary of Defense, with the 
     concurrence of the Secretary of State, is authorized to carry 
     out research, development, test, and evaluation activities, 
     on a joint basis with Israel, to establish directed energy 
     capabilities that address threats to the United States, 
     deployed forces of the United States, or Israel. Any 
     activities carried out under this paragraph shall be 
     conducted in a manner that appropriately protects sensitive 
     information, intellectual property, the national security 
     interests of the United States, and the national security 
     interests of Israel.
       (2) Report.--The activities described in paragraph (1) may 
     be carried out after the Secretary of Defense, with the 
     concurrence of the Secretary of State, submits a report to 
     the appropriate congressional committees that includes--
       (A) a memorandum of agreement between the United States and 
     Israel regarding sharing of research and development costs 
     for the capabilities described in paragraph (1), and any 
     supporting documents; and
       (B) a certification that the memorandum of agreement 
     referred to in subparagraph (A)--
       (i) requires sharing of costs of projects, including in-
     kind support, between the United States and Israel;
       (ii) establishes a framework to negotiate the rights to any 
     intellectual property developed under the memorandum of 
     agreement; and
       (iii) requires the United States Government to receive 
     semiannual reports on expenditure of funds, if any, by the 
     Government of Israel, including--

       (I) a description of what the funds have been used for and 
     when funds were expended; and
       (II) the identification of entities that expended such 
     funds.

       (b) Support in Connection With Activities.--
       (1) In general.--The Secretary of Defense, with the 
     concurrence of the Secretary of State, is authorized to 
     provide maintenance and sustainment support to Israel for the 
     directed energy capabilities research, development, test, and 
     evaluation activities authorized under subsection (a)(1), 
     including the installation of equipment that is necessary to 
     carry out such research, development, test, and evaluation.
       (2) Report.--The support described in paragraph (1) may not 
     be provided until 15 days after the date on which the 
     Secretary of Defense, with the concurrence of the Secretary 
     of State, submits a report to the appropriate congressional 
     committees that describes in detail the support to be 
     provided.
       (3) Matching contribution.--The support described in 
     paragraph (1) may not be provided unless the Secretary of 
     Defense, with the concurrence of the Secretary of State, 
     certifies to the appropriate congressional committees that 
     the Government of Israel will contribute to such support--
       (A) an amount not less than the amount of support to be so 
     provided; or
       (B) an amount that otherwise meets the best efforts of 
     Israel, as mutually agreed to by the United States and 
     Israel.
       (c) Semiannual Report.--The Secretary of Defense, with the 
     concurrence of the Secretary of State, shall submit a 
     semiannual report to the appropriate congressional committees 
     that includes the most recent semiannual report provided by 
     the Government of Israel to the United States Government.

     SEC. 1299E. PLANS TO PROVIDE ISRAEL WITH NECESSARY DEFENSE 
                   ARTICLES AND SERVICES IN A CONTINGENCY.

       (a) In General.--The President shall establish and update, 
     as appropriate, plans to provide Israel with defense articles 
     and services that are determined by the Secretary of Defense 
     to be necessary for the defense of Israel in a contingency.
       (b) Congressional Briefing.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the President shall brief the appropriate 
     congressional committees regarding the status of the plans 
     required under subsection (a).

     SEC. 1299F. OTHER MATTERS OF COOPERATION.

       (a) In General.--Activities authorized under this section 
     shall be carried out with the concurrence of the Secretary of 
     State and aligned with the National Security Strategy of the 
     United States, the United States Government Global Health 
     Security Strategy, the Department of State Integrated Country 
     Strategies, the USAID Country Development Cooperation 
     Strategies, and any equivalent or successor plans or 
     strategies, as necessary and appropriate
       (b) Development of Health Technologies.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of Health and

[[Page S3402]]

     Human Services $4,000,000 for each of the fiscal years 2021 
     through 2023 for a bilateral cooperative program with the 
     Government of Israel that awards grants for the development 
     of health technologies, including health technologies listed 
     in paragraph (2), subject to paragraph (3), with an emphasis 
     on collaboratively advancing the use of technology and 
     personalized medicine in relation to COVID-19.
       (2) Types of health technologies.--The health technologies 
     described in this paragraph may include technologies such as 
     sensors, drugs and vaccinations, respiratory assist devices, 
     diagnostic tests, and telemedicine.
       (3) Restrictions on funding.--Amounts appropriated pursuant 
     to paragraph (1) are subject to a matching contribution from 
     the Government of Israel.
       (4) Option for establishing new program.--Amounts 
     appropriated pursuant to paragraph (1) may be expended for a 
     bilateral program with the Government of Israel that--
       (A) is in existence on the day before the date of the 
     enactment of this Act for the purposes described in paragraph 
     (1); or
       (B) is established after the date of the enactment of this 
     Act by the Secretary of Health and Human Services, in 
     consultation with the Secretary of State, in accordance with 
     the Agreement between the Government of the United States of 
     America and the Government of the State of Israel on 
     Cooperation in Science and Technology for Homeland Security 
     Matters, done at Jerusalem May 29, 2008 (or a successor 
     agreement), for the purposes described in paragraph (1).
       (c) Coordinator of United States-Israel Research and 
     Development.--
       (1) In general.--The President may designate the Assistant 
     Secretary of State for the Bureau of Oceans and International 
     Environmental and Scientific Affairs, or another appropriate 
     Department of State official, to act as Coordinator of United 
     States-Israel Research and Development (referred to in this 
     subsection as the ``Coordinator'').
       (2) Authorities and duties.--The Coordinator, in 
     conjunction with the heads of relevant Federal Government 
     departments and agencies and in coordination with the Israel 
     Innovation Authority, may oversee civilian science and 
     technology programs on a joint basis with Israel.
       (d) Office of Global Policy and Strategy of the Food and 
     Drug Administration.--
       (1) In general.--It is the sense of Congress that the 
     Commissioner of the Food and Drug Administration should seek 
     to explore collaboration with Israel through the Office of 
     Global Policy and Strategy.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commissioner, acting through the 
     head of the Office of Global Policy and Strategy, shall 
     submit a report describing the benefits to the United States 
     and to Israel of opening an office in Israel for the Office 
     of Global Policy and Strategy to--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Energy and Commerce of the House of 
     Representatives.
       (e) United States-Israel Energy Center.--There is 
     authorized to be appropriated to the Secretary of Energy 
     $4,000,000 for each of the fiscal years 2021 through 2023 to 
     carry out the activities of the United States-Israel Energy 
     Center established pursuant to section 917(d) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17337(d)).
       (f) United States-Israel Binational Industrial Research and 
     Development Foundation.--It is the sense of Congress that 
     grants to promote covered energy projects conducted by, or in 
     conjunction with, the United States-Israel Binational 
     Industrial Research and Development Foundation should be 
     funded at not less than $2,000,000 annually under section 
     917(b) of the Energy Independence and Security Act of 2007 
     (42 U.S.C. 17337(b)).
       (g) United States-Israel Cooperation on Energy, Water, 
     Homeland Security, Agriculture, and Alternative Fuel 
     Technologies.--Section 7 of the United States-Israel 
     Strategic Partnership Act of 2014 (22 U.S.C. 8606) is amended 
     by adding at the end the following:
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $2,000,000 for each of the fiscal years 2021 through 2023.''.
       (h) Annual Policy Dialogue.--It is the sense of Congress 
     that the Department of Transportation and Israel's Ministry 
     of Transportation should engage in an annual policy dialogue 
     to implement the 2016 Memorandum of Cooperation signed by the 
     Secretary of Transportation and the Israeli Minister of 
     Transportation.
       (i) Cooperation on Space Exploration and Science 
     Initiatives.--The Administrator of the National Aeronautics 
     and Space Administration shall continue to work with the 
     Israel Space Agency to identify and cooperatively pursue 
     peaceful space exploration and science initiatives in areas 
     of mutual interest, taking all appropriate measures to 
     protect sensitive information, intellectual property, trade 
     secrets, and economic interests of the United States.
       (j) Research and Development Cooperation Relating to 
     Desalination Technology.--Not later than 1 year after the 
     date of the enactment of this Act, the Director of the Office 
     of Science and Technology Policy shall submit a report that 
     describes research and development cooperation with 
     international partners, such as the State of Israel, in the 
     area of desalination technology in accordance with section 
     9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 
     10301 note) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Energy and Natural Resources of the 
     Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Natural Resources of the House of 
     Representatives.
       (k) Research and Treatment of Posttraumatic Stress 
     Disorder.--It is the sense of Congress that the Secretary of 
     Veterans Affairs should seek to explore collaboration between 
     the Mental Illness Research, Education and Clinical Centers 
     of Excellence and Israeli institutions with expertise in 
     researching and treating posttraumatic stress disorder.
                                 ______
                                 
  SA 1896. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. REQUIREMENTS RELATING TO SALE OR LEASE OF PARCELS 
                   WITHIN THE EGLIN WATER TEST AREAS OR WARNING 
                   AREAS IN THE GULF OF MEXICO.

       In order to conduct any sale or lease of a parcel within 
     the Eglin Water Test Areas or Warning Areas in the Gulf of 
     Mexico on or after the date of the enactment of this Act--
       (1) such sale or lease shall be authorized by the Secretary 
     of Defense; and
       (2) the Secretary shall certify to Congress that the sale 
     or lease will have no impact on any training, testing, or 
     operations of the Armed Forces within the Eglin Water Test 
     Areas or Warning Areas or degrade the readiness of the Armed 
     Forces.
                                 ______
                                 
  SA 1897. Mr. BLUNT (for himself, Mr. Hawley, and Mr. Manchin) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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 X, add the following:

     SEC. __. SILVER STAR SERVICE BANNER DAY.

       (a) Findings.--Congress finds the following:
       (1) Congress is committed to honoring the sacrifices of 
     wounded and ill members of the Armed Forces.
       (2) The Silver Star Service Banner recognizes the members 
     of the Armed Forces and veterans who were wounded or became 
     ill while serving in combat for the United States.
       (3) The sacrifices made by members of the Armed Forces and 
     veterans on behalf of the United States should never be 
     forgotten.
       (4) May 1 is an appropriate date to designate as ``Silver 
     Star Service Banner Day''.
       (b) Designation.--
       (1) In general.--Chapter 1 of title 36, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 146. Silver Star Service Banner Day

       ``(a) Designation.--May 1 is Silver Star Service Banner 
     Day.
       ``(b) Proclamation.--The President is requested to issue 
     each year a proclamation calling on the people of the United 
     States to observe Silver Star Service Banner Day with 
     appropriate programs, ceremonies, and activities.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by inserting 
     after the item relating to section 145 the following:

``146. Silver Star Service Banner Day.''.
                                 ______
                                 
  SA 1898. Mr. BLUNT (for himself, Mr. Hawley, and Mr. Manchin) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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 X, add the following:

     SEC. __. SILVER STAR SERVICE BANNER DAY.

       (a) Findings.--Congress finds the following:

[[Page S3403]]

       (1) Congress is committed to honoring the sacrifices of 
     wounded and ill members of the Armed Forces.
       (2) The Silver Star Service Banner recognizes the members 
     of the Armed Forces and veterans who were wounded or became 
     ill while serving in combat for the United States.
       (3) The sacrifices made by members of the Armed Forces and 
     veterans on behalf of the United States should never be 
     forgotten.
       (4) May 1 is an appropriate date to designate as ``Silver 
     Star Service Banner Day''.
       (b) Designation.--
       (1) In general.--Chapter 1 of title 36, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 146. Silver Star Service Banner Day

       ``(a) Designation.--May 1 is Silver Star Service Banner 
     Day.
       ``(b) Proclamation.--The President is requested to issue 
     each year a proclamation calling on the people of the United 
     States to observe Silver Star Service Banner Day with 
     appropriate programs, ceremonies, and activities.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by inserting 
     after the item relating to section 145 the following:

``146. Silver Star Service Banner Day.''.
                                 ______
                                 
  SA 1899. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 XXXI, add the following:

     SEC. 31___. LOAN GUARANTEES FOR PROJECTS THAT INCREASE THE 
                   DOMESTIC SUPPLY OF CRITICAL MINERALS.

       (a) In General.--Section 1703(b) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end 
     the following:
       ``(11) Projects that increase the domestic supply of 
     critical minerals, including through production, processing, 
     recycling, and the fabrication of mineral alternatives.''.
       (b) Prohibition on Use of Appropriated Funds.--Amounts 
     appropriated to the Department before the date of enactment 
     of this Act shall not be made available for the cost of loan 
     guarantees made under paragraph (11) of section 1703(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16513(b)).
                                 ______
                                 
  SA 1900. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 following:

     SEC. ____. WIND TECHNICIAN TRAINING, CAREERS, AND STUDY.

       (a) Wind Technician Training Grant Program.--
       (1) In general.--Title XI of the Energy Policy Act of 2005 
     (42 U.S.C. 16411 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1107. WIND TECHNICIAN TRAINING GRANT PROGRAM.

       ``(a) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means a community college or technical 
     school that offers a wind training program.
       ``(b) Grant Program.--The Secretary shall establish a 
     program under which the Secretary shall award grants, on a 
     competitive basis, to eligible entities to purchase large 
     pieces of wind component equipment (such as nacelles, towers, 
     and blades) for use in training wind technician students.
       ``(c) Funding.--Of the amounts made available to the 
     Secretary for administrative expenses to carry out other 
     programs under the authority of the Secretary, the Secretary 
     shall use to carry out this section $2,000,000 for each of 
     fiscal years 2020 through 2025.''.
       (2) Clerical amendment.--The table of contents for the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 601) 
     is amended by inserting after the item relating to section 
     1106 the following:

``Sec. 1107. Wind technician training grant program.''.
       (b) Veterans in Wind Energy.--
       (1) In general.--Title XI of the Energy Policy Act of 2005 
     (42 U.S.C. 16411 et seq.) (as amended by subsection (a)(1)) 
     is amended by adding at the end the following:

     ``SEC. 1108. VETERANS IN WIND ENERGY.

       ``(a) In General.--The Secretary shall establish a program 
     to prepare veterans for careers in the wind energy industry 
     that shall be modeled off of the Solar Ready Vets pilot 
     program formerly administered by the Department of Energy and 
     the Department of Defense.
       ``(b) Funding.--Of the amounts made available to the 
     Secretary for administrative expenses to carry out other 
     programs under the authority of the Secretary, the Secretary 
     shall use to carry out this section $2,000,000 for each of 
     fiscal years 2020 through 2025.''.
       (2) Clerical amendment.--The table of contents for the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 601) 
     (as amended by subsection (a)(2)) is amended by inserting 
     after the item relating to section 1107 the following:

``Sec. 1108. Veterans in wind energy.''.
       (c) Study and Report on Wind Technician Workforce.--
       (1) In general.--The Secretary of Energy (referred to in 
     this subsection as the ``Secretary'') shall convene a task 
     force comprised of 1 or more representatives of each of the 
     stakeholders described in paragraph (2) that shall--
       (A) conduct a study to assess the needs of wind technicians 
     in the workforce;
       (B) create a comprehensive list that--
       (i) lists each type of wind technician position available 
     in the United States; and
       (ii) describes the skill sets required for each type of 
     position listed under clause (i); and
       (C) not later than 1 year after the date of enactment of 
     this Act, make publicly available and submit to Congress a 
     report that--
       (i) describes the results of that study;
       (ii) includes the comprehensive list described in 
     subparagraph (B); and
       (iii) provides recommendations--

       (I) for creating a credentialing program that may be 
     administered by community colleges, technical schools, and 
     other training institutions; and
       (II) that reflect best practices for wind technician 
     training programs, as identified by representatives of the 
     wind industry.

       (2) Stakeholders described.--The stakeholders referred to 
     in paragraph (1) are--
       (A) the Department of Defense;
       (B) the Department of Education;
       (C) the Department of Energy;
       (D) the Department of Labor;
       (E) the Department of Veterans Affairs;
       (F) technical schools and community colleges that have wind 
     technician training programs; and
       (G) the wind industry.
       (3) Funding.--Of the amounts made available to the 
     Secretary for administrative expenses to carry out other 
     programs under the authority of the Secretary, the Secretary 
     shall use to carry out this subsection $500,000.
                                 ______
                                 
  SA 1901. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF FEDERAL FUNDS FOR PUBLICITY OR 
                   PROPAGANDA.

       (a) Definitions.--In this section--
       (1) the term ``advertising'' means the placement of 
     messages in media that are intended to inform or persuade an 
     audience, including placement in television, radio, a 
     magazine, a newspaper, digital media, direct mail, a tangible 
     product, an exhibit, or a billboard;
       (2) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code;
       (3) the term ``mascot''--
       (A) means an individual, animal, or object adopted by an 
     agency as a symbolic figure to represent the agency or the 
     mission of the agency; and
       (B) includes a costumed character;
       (4) the term ``public relations'' means communications by 
     an agency that are directed to the public, including 
     activities dedicated to maintaining the image of the 
     governmental unit or maintaining or promoting understanding 
     and favorable relations with the community or the public;
       (5) the term ``return on investment'' means, with respect 
     to the public relations and advertising spending by an 
     agency, a positive return in achieving agency or program 
     goals relative to the investment in advertising and marketing 
     materials; and
       (6) the term ``swag''--
       (A) means a tangible product or merchandise distributed at 
     no cost with the sole purpose of advertising or promoting an 
     agency, organization, or program;
       (B) includes blankets, buttons, candy, clothing, coloring 
     books, cups, fidget spinners, hats, holiday ornaments, jar 
     grip openers, keychains, koozies, magnets, neckties, 
     snuggies, stickers, stress balls, stuffed animals, thermoses, 
     tote bags, trading cards, and writing utensils; and
       (C) does not include--
       (i) an item presented as an honorary or informal 
     recognition award related to the Armed Forces of the United 
     States, such as a challenge coin or medal issued for 
     sacrifice or meritorious service;
       (ii) a brochure or pamphlet purchased or distributed for 
     informational purposes; or
       (iii) an item distributed for diplomatic purposes, 
     including a gift for a foreign leader.
       (b) Prohibitions; Public Relations and Advertising 
     Spending.--
       (1) Prohibitions.--Except as provided in paragraph (3), and 
     unless otherwise expressly authorized by law--

[[Page S3404]]

       (A) an agency or other entity of the Federal Government may 
     not use Federal funds to purchase or otherwise acquire or 
     distribute swag; and
       (B) an agency or other entity of the Federal Government may 
     not use Federal funds to manufacture or use a mascot to 
     promote an agency, organization, program, or agenda.
       (2) Public relations and advertising spending.--Each agency 
     shall, as part of the annual budget justification submitted 
     to Congress, report on the public relations and advertising 
     spending of the agency for the preceding fiscal year, which 
     may include an estimate of the return on investment for the 
     agency.
       (3) Exceptions.--
       (A) Swag.--Paragraph (1)(A) shall not apply with respect 
     to--
       (i) an agency program that supports the mission and 
     objectives of the agency that is initiating the public 
     relations or advertising spending, provided that the spending 
     generates a positive return on investment for the agency;
       (ii) recruitment relating to--

       (I) enlistment or employment with the Armed Forces; or
       (II) employment with the Federal Government; or

       (iii) an item distributed by the Bureau of the Census to 
     assist the Bureau in conducting a census of the population of 
     the United States.
       (B) Mascots.--Paragraph (1)(B) shall not apply with respect 
     to--
       (i) a mascot that is declared the property of the United 
     States under a provision of law, including under section 2 of 
     Public Law 93-318 (16 U.S.C. 580p-1); or
       (ii) a mascot relating to the Armed Forces of the United 
     States.
       (4) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue regulations to carry out 
     this section.
                                 ______
                                 
  SA 1902. Ms. ERNST (for herself and Ms. Duckworth) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING 
                   CONTRACTS.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) in section 8 (15 U.S.C. 637)--
       (A) in subsection (a)(1)(D)(i)(II), by striking 
     ``$5,000,000'' and inserting ``$7,000,000''; and
       (B) in subsection (m)--
       (i) in paragraph (7)(B)(i), by striking ``$6,500,000'' and 
     inserting ``$7,000,000''; and
       (ii) in paragraph (8)(B)(i), by striking ``$6,500,000'' and 
     inserting ``$7,000,000'';
       (2) in section 31(c)(2)(A)(ii)(I) (15 U.S.C. 
     657a(c)(2)(A)(ii)(I)), by striking ``$5,000,000'' and 
     inserting ``$7,000,000''; and
       (3) in section 36(a)(2)(A) (15 U.S.C. 657f(a)(2)(A)), by 
     striking ``$5,000,000'' and inserting ``$7,000,000''.
                                 ______
                                 
  SA 1903. Ms. ERNST (for herself and Mr. Peters) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ANNUAL REPORT ON 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 ``covered project'' means a project funded by 
     a covered agency--
       (A) that is more than 5 years behind schedule; or
       (B) 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; and
       (3) the term ``project'' means a major acquisition, a major 
     defense acquisition program (as defined in section 2430 of 
     title 10, United States Code), a procurement, a construction 
     project, a remediation or clean-up effort, or any other time-
     limited endeavor, that is not funded through direct spending 
     (as defined in section 250(c) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)).
       (b) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue guidance requiring covered 
     agencies to include, on an annual basis in a report described 
     in paragraph (2) of section 3516(a) of title 31, United 
     States Code, or a consolidated report described in paragraph 
     (1) of such section, information relating to each covered 
     project of the covered agency, which shall include--
       (1) a brief description of the covered project, including--
       (A) the purpose of the covered project;
       (B) each location in which the covered project is carried 
     out;
       (C) the contract or award number of the covered project, 
     where applicable;
       (D) the year in which the covered project was initiated;
       (E) the Federal share of the total cost of the covered 
     project; and
       (F) each primary contractor, subcontractor, grant 
     recipient, and subgrantee recipient of the covered project;
       (2) an explanation of any change to the original scope of 
     the covered project, including by the addition or narrowing 
     of the initial requirements of the covered project;
       (3) the original expected date for completion of the 
     covered project;
       (4) the current expected date for completion of the covered 
     project;
       (5) the original cost estimate for the covered 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 covered 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 an increase 
     in the original cost estimate for the covered project, 
     including, where applicable, any impact of insufficient or 
     delayed appropriations; and
       (8) the amount of and rationale for any award, incentive 
     fee, or other type of bonus, if any, awarded for the covered 
     project.
                                 ______
                                 
  SA 1904. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DISCLOSURE OF PPP LOANS.

       (a) Short Title.--This section may be cited as the 
     ``Transparency Requirements Aimed at Congressional 
     Expenditures Act'' or the ``TRACE Act''.
       (b) Disclosure.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)) is amended by adding at the end the 
     following:
       ``(T) Disclosure of receipt.--
       ``(i) Definitions.--In this subparagraph--

       ``(I) the term `applicable officer' means--

       ``(aa) the Secretary of the Senate, in the case of the Vice 
     President, a Senator, the spouse of a Senator, or an employee 
     of Congress whose compensation is disbursed by the Secretary 
     of the Senate; or
       ``(bb) the Clerk of the House of Representatives, in the 
     case of a Representative in Congress, a Delegate to Congress, 
     the Resident Commissioner from Puerto Rico, the spouse of a 
     Representative in Congress, a Delegate to Congress, or the 
     Resident Commissioner from Puerto Rico, or an employee of 
     Congress whose compensation is disbursed by the Chief 
     Administrator Officer of the House of Representatives;

       ``(II) the term `employee of Congress' means an employee of 
     the personal office of a Member of Congress, of a committee 
     of the Senate or the House of Representatives, or of a joint 
     committee of Congress; and
       ``(III) the term `Member of Congress' has the meaning given 
     that term in section 2106 of title 5, United States Code.

       ``(ii) Disclosure.--

       ``(I) In general.--If an eligible recipient owned or 
     controlled by a Member of Congress, spouse of a Member of 
     Congress, or employee of Congress receives a covered loan, 
     the Member of Congress, spouse of a Member of Congress, or 
     employee of Congress, respectively, shall submit to the 
     applicable officer a financial disclosure, which shall 
     include--

       ``(aa) the name and address of the principal place of 
     business for the eligible recipient receiving the covered 
     loan; and
       ``(bb) the amount of the covered loan.

       ``(II) Deadline.--A Member of Congress, spouse of a Member 
     of Congress, or employee of Congress shall submit a financial 
     disclosure required under subclause (I)--

       ``(aa) for a covered loan made on or after the date of 
     enactment of the TRACE Act, not later than 15 days after the 
     date on which the loan is made; and
       ``(bb) for a covered loan made before such date of 
     enactment, not later than 15 days after such date of 
     enactment.
       ``(iii) Availability.--Each applicable officer shall make 
     available on a publicly available website each financial 
     disclosure submitted to the applicable officer under clause 
     (ii).''.
                                 ______
                                 
  SA 1905. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for

[[Page S3405]]

military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 1___. VETERANS' HEALTH INITIATIVE.

       (a) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Purposes.--The purposes of this section are to advance 
     Department expertise in artificial intelligence and high-
     performance computing in order to improve health outcomes for 
     veteran populations by--
       (1) supporting basic research through the application of 
     artificial intelligence, high-performance computing, modeling 
     and simulation, machine learning, and large-scale data 
     analytics to identify and solve outcome-defined challenges in 
     the health sciences;
       (2) maximizing the impact of the Department of Veterans 
     Affairs' health and genomics data housed at the National 
     Laboratories, as well as data from other sources, on science, 
     innovation, and health care outcomes through the use and 
     advancement of artificial intelligence and high-performance 
     computing capabilities of the Department;
       (3) promoting collaborative research through the 
     establishment of partnerships to improve data sharing between 
     Federal agencies, National Laboratories, institutions of 
     higher education, and nonprofit institutions;
       (4) establishing multiple scientific computing user 
     facilities to house and provision available data to foster 
     transformational outcomes; and
       (5) driving the development of technology to improve 
     artificial intelligence, high-performance computing, and 
     networking relevant to mission applications of the 
     Department, including modeling, simulation, machine learning, 
     and advanced data analytics.
       (c) Veterans Health Research and Development.--
       (1) In general.--The Secretary shall establish and carry 
     out a research program in artificial intelligence and high-
     performance computing, focused on the development of tools to 
     solve large-scale data analytics and management challenges 
     associated with veteran's healthcare, and to support the 
     efforts of the Department of Veterans Affairs to identify 
     potential health risks and challenges utilizing data on long-
     term healthcare, health risks, and genomic data collected 
     from veteran populations. The Secretary shall carry out this 
     program through a competitive, merit-reviewed process, and 
     consider applications from National Laboratories, 
     institutions of higher education, multi-institutional 
     collaborations, and other appropriate entities.
       (2) Program components.--In carrying out the program 
     established under paragraph (1), the Secretary may--
       (A) conduct basic research in modeling and simulation, 
     machine learning, large-scale data analytics, and predictive 
     analysis in order to develop novel or optimized algorithms 
     for prediction of disease treatment and recovery;
       (B) develop methods to accommodate large data sets with 
     variable quality and scale, and to provide insight and models 
     for complex systems;
       (C) develop new approaches and maximize the use of 
     algorithms developed through artificial intelligence, machine 
     learning, data analytics, natural language processing, 
     modeling and simulation, and develop new algorithms suitable 
     for high-performance computing systems and large biomedical 
     data sets;
       (D) advance existing and construct new data enclaves 
     capable of securely storing data sets provided by the 
     Department of Veterans Affairs, Department of Defense, and 
     other sources; and
       (E) promote collaboration and data sharing between National 
     Laboratories, research entities, and user facilities of the 
     Department by providing the necessary access and secure data 
     transfer capabilities.
       (3) Coordination.--In carrying out the program established 
     under paragraph (1), the Secretary is authorized--
       (A) to enter into memoranda of understanding in order to 
     carry out reimbursable agreements with the Department of 
     Veterans Affairs and other entities in order to maximize the 
     effectiveness of Department research and development to 
     improve veterans' healthcare;
       (B) to consult with the Department of Veterans Affairs and 
     other Federal agencies as appropriate; and
       (C) to ensure that data storage meets all privacy and 
     security requirements established by the Department of 
     Veterans Affairs, and that access to data is provided in 
     accordance with relevant Department of Veterans Affairs data 
     access policies, including informed consent.
       (4) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources and the Committee 
     on Veterans' Affairs of the Senate, and the Committee on 
     Science, Space, and Technology and the Committee on Veterans' 
     Affairs of the House of Representatives, a report detailing 
     the effectiveness of--
       (A) the interagency coordination between each Federal 
     agency involved in the research program carried out under 
     this subsection;
       (B) collaborative research achievements of the program; and
       (C) potential opportunities to expand the technical 
     capabilities of the Department.
       (5) Funding.--There is authorized to be appropriated to the 
     Secretary of Veterans Affairs to carry out this subsection 
     $27,000,000 during the period of fiscal years 2021 through 
     2025.
       (d) Interagency Collaboration.--
       (1) In general.--The Secretary is authorized to carry out 
     research, development, and demonstration activities to 
     develop tools to apply to big data that enable Federal 
     agencies, institutions of higher education, nonprofit 
     research organizations, and industry to better leverage the 
     capabilities of the Department to solve complex, big data 
     challenges. The Secretary shall carry out these activities 
     through a competitive, merit-reviewed process, and consider 
     applications from National Laboratories, institutions of 
     higher education, multi-institutional collaborations, and 
     other appropriate entities.
       (2) Activities.--In carrying out the research, development, 
     and demonstration activities authorized under paragraph (1), 
     the Secretary may--
       (A) utilize all available mechanisms to prevent duplication 
     and coordinate research efforts across the Department;
       (B) establish multiple user facilities to serve as data 
     enclaves capable of securely storing data sets created by 
     Federal agencies, institutions of higher education, nonprofit 
     organizations, or industry at National Laboratories; and
       (C) promote collaboration and data sharing between National 
     Laboratories, research entities, and user facilities of the 
     Department by providing the necessary access and secure data 
     transfer capabilities.
       (3) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Science, Space, and Technology of the House 
     of Representatives a report evaluating the effectiveness of 
     the activities authorized under paragraph (1).
       (4) Funding.--There are authorized to be appropriated to 
     the Secretary to carry out this subsection $15,000,000 for 
     each of fiscal years 2021 through 2025.
                                 ______
                                 
  SA 1906. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 XI, add the following:

            Subtitle C--Presidential Allowance Modernization

     SEC. 1121. SHORT TITLE.

       This subtitle may be cited as the ``Presidential Allowance 
     Modernization Act of 2020''.

     SEC. 1122. AMENDMENTS.

       (a) In General.--The Act entitled ``An Act to provide 
     retirement, clerical assistants, and free mailing privileges 
     to former Presidents of the United States, and for other 
     purposes'', approved August 25, 1958 (commonly known as the 
     ``Former Presidents Act of 1958'') (3 U.S.C. 102 note), is 
     amended--
       (1) by striking ``That (a) each'' and inserting the 
     following:

     ``SECTION 1. FORMER PRESIDENTS LEAVING OFFICE BEFORE 
                   PRESIDENTIAL ALLOWANCE MODERNIZATION ACT OF 
                   2020.

       ``(a) Each'';
       (2) by redesignating subsection (g) as section 3 and 
     adjusting the margin accordingly; and
       (3) by inserting after section 1, as so designated, the 
     following:

     ``SEC. 2. FORMER PRESIDENTS LEAVING OFFICE AFTER PRESIDENTIAL 
                   ALLOWANCE MODERNIZATION ACT OF 2020.

       ``(a) Annuities and Allowances.--
       ``(1) Annuity.--Each modern former President shall be 
     entitled for the remainder of his or her life to receive from 
     the United States an annuity at the rate of $200,000 per 
     year, subject to subsections (b)(2) and (c), to be paid by 
     the Secretary of the Treasury.
       ``(2) Allowance.--The Administrator of General Services is 
     authorized to provide each modern former President a monetary 
     allowance at the rate of $200,000 per year, subject to the 
     availability of appropriations and subsections (b)(2), (c), 
     and (d).
       ``(b) Duration; Frequency.--
       ``(1) In general.--The annuity and allowance under 
     subsection (a) shall each--
       ``(A) commence on the day after the date on which an 
     individual becomes a modern former President;
       ``(B) terminate on the date on which the modern former 
     President dies; and
       ``(C) be payable on a monthly basis.
       ``(2) Appointive or elective positions.--The annuity and 
     allowance under subsection (a) shall not be payable for any 
     period during which a modern former President holds an

[[Page S3406]]

     appointive or elective position in or under the Federal 
     Government to which is attached a rate of pay other than a 
     nominal rate.
       ``(c) Cost-of-Living Increases.--Effective December 1 of 
     each year, each annuity and allowance under subsection (a) 
     that commenced before that date shall be increased by the 
     same percentage by which benefit amounts under title II of 
     the Social Security Act (42 U.S.C. 401 et seq.) are 
     increased, effective as of that date, as a result of a 
     determination under section 215(i) of that Act (42 U.S.C. 
     415(i)).
       ``(d) Limitation on Monetary Allowance.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, the monetary allowance payable under subsection 
     (a)(2) to a modern former President for any 12-month period--
       ``(A) except as provided in subparagraph (B), may not 
     exceed the amount by which--
       ``(i) the monetary allowance that (but for this subsection) 
     would otherwise be so payable for such 12-month period, 
     exceeds (if at all)
       ``(ii) the applicable reduction amount for such 12-month 
     period; and
       ``(B) shall not be less than the amount determined under 
     paragraph (4).
       ``(2) Definition.--
       ``(A) In general.--For purposes of paragraph (1), the term 
     `applicable reduction amount' means, with respect to any 
     modern former President and in connection with any 12-month 
     period, the amount by which--
       ``(i) the sum of--

       ``(I) the adjusted gross income (as defined in section 62 
     of the Internal Revenue Code of 1986) of the modern former 
     President for the most recent taxable year for which a tax 
     return is available; and
       ``(II) any interest excluded from the gross income of the 
     modern former President under section 103 of such Code for 
     such taxable year, exceeds (if at all)

       ``(ii) $400,000, subject to subparagraph (C).
       ``(B) Joint returns.--In the case of a joint return, 
     subclauses (I) and (II) of subparagraph (A)(i) shall be 
     applied by taking into account both the amounts properly 
     allocable to the modern former President and the amounts 
     properly allocable to the spouse of the modern former 
     President.
       ``(C) Cost-of-living increases.--The dollar amount 
     specified in subparagraph (A)(ii) shall be adjusted at the 
     same time that, and by the same percentage by which, the 
     monetary allowance of the modern former President is 
     increased under subsection (c) (disregarding this 
     subsection).
       ``(3) Disclosure requirement.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the terms `return' and `return information' have the 
     meanings given those terms in section 6103(b) of the Internal 
     Revenue Code of 1986; and
       ``(ii) the term `Secretary' means the Secretary of the 
     Treasury or the Secretary of the Treasury's delegate.
       ``(B) Requirement.--A modern former President may not 
     receive a monetary allowance under subsection (a)(2) unless 
     the modern former President discloses to the Secretary, upon 
     the request of the Secretary, any return or return 
     information of the modern former President or spouse of the 
     modern former President that the Secretary determines is 
     necessary for purposes of calculating the applicable 
     reduction amount under paragraph (2) of this subsection.
       ``(C) Confidentiality.--Except as provided in section 6103 
     of the Internal Revenue Code of 1986 and notwithstanding any 
     other provision of law, the Secretary may not, with respect 
     to a return or return information disclosed to the Secretary 
     under subparagraph (B)--
       ``(i) disclose the return or return information to any 
     entity or person; or
       ``(ii) use the return or return information for any purpose 
     other than to calculate the applicable reduction amount under 
     paragraph (2).
       ``(4) Increased costs due to security needs.--With respect 
     to the monetary allowance that would be payable to a modern 
     former President under subsection (a)(2) for any 12-month 
     period but for the limitation under paragraph (1)(A) of this 
     subsection, the Administrator of General Services, in 
     coordination with the Director of the United States Secret 
     Service, shall determine the amount of the allowance that is 
     needed to pay the increased cost of doing business that is 
     attributable to the security needs of the modern former 
     President.
       ``(e) Widows and Widowers.--The widow or widower of each 
     modern former President shall be entitled to receive from the 
     United States a monetary allowance at a rate of $100,000 per 
     year (subject to paragraph (4)), payable monthly by the 
     Secretary of the Treasury, if such widow or widower shall 
     waive the right to each other annuity or pension to which she 
     or he is entitled under any other Act of Congress. The 
     monetary allowance of such widow or widower--
       ``(1) commences on the day after the modern former 
     President dies;
       ``(2) terminates on the last day of the month before such 
     widow or widower dies;
       ``(3) is not payable for any period during which such widow 
     or widower holds an appointive or elective office or position 
     in or under the Federal Government to which is attached a 
     rate of pay other than a nominal rate; and
       ``(4) shall, after its commencement date, be increased at 
     the same time that, and by the same percentage by which, 
     annuities of modern former Presidents are increased under 
     subsection (c).
       ``(f) Definition.--In this section, the term `modern former 
     President' means a person--
       ``(1) who shall have held the office of President of the 
     United States of America;
       ``(2) whose service in such office shall have terminated--
       ``(A) other than by removal pursuant to section 4 of 
     article II of the Constitution of the United States of 
     America; and
       ``(B) after the date of enactment of the Presidential 
     Allowance Modernization Act of 2020; and
       ``(3) who does not then currently hold such office.''.
       (b) Technical and Conforming Amendments.--The Former 
     Presidents Act of 1958 is amended--
       (1) in section 1(f)(2), as designated by this section--
       (A) by striking ``terminated other than'' and inserting the 
     following: ``terminated--
       ``(A) other than''; and
       (B) by adding at the end the following:
       ``(B) on or before the date of enactment of the 
     Presidential Allowance Modernization Act of 2020; and''; and
       (2) in section 3, as redesignated by this section--
       (A) by inserting after the section enumerator the 
     following: ``authorization of appropriations.''; and
       (B) by inserting ``or modern former President'' after 
     ``former President'' each place that term appears.

     SEC. 1123. RULE OF CONSTRUCTION.

       Nothing in this subtitle or an amendment made by this 
     subtitle shall be construed to affect--
       (1) any provision of law relating to the security or 
     protection of a former President or modern former President, 
     or a member of the family of a former President or modern 
     former President; or
       (2) funding, under the Former Presidents Act of 1958 or any 
     other law, to carry out any provision of law described in 
     paragraph (1).

     SEC. 1124. APPLICABILITY.

       Section 2 of the Former Presidents Act of 1958, as added by 
     section 1122(a)(3) of this subtitle, shall not apply to--
       (1) any individual who is a former President on the date of 
     enactment of this Act; or
       (2) the widow or widower of an individual described in 
     paragraph (1).
                                 ______
                                 
  SA 1907. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 XI, add the following:

     SEC. __. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES 
                   ON DIVERSITY AND INCLUSION WITHIN THE CIVILIAN 
                   WORKFORCE OF THE DEPARTMENT OF DEFENSE.

       (a) In General.--[Not later than 1 year after enactment of 
     this act ___ ], the Comptroller General of the United States 
     shall submit to Congress a report on issues related to 
     diversity and inclusion within the civilian workforce of the 
     Department of Defense.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the demographic composition of the 
     civilian workforce of the Department.
       (2) An assessment of any differences in promotion outcomes 
     among demographic groups of the civilian workforce of the 
     Department.
       (3) An assessment of the extent to which the Department has 
     identified barriers to diversity in its civilian workforce.
                                 ______
                                 
  SA 1908. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, insert the 
     following:

     SEC. __. NATIONAL INFORMATION AND COMMUNICATIONS TECHNOLOGY 
                   INDUSTRIAL BASE STRATEGY.

       (a) Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and once every 4 years thereafter, 
     the President shall coordinate with the Secretary of Defense, 
     the Secretary of Homeland Security, the Secretary of 
     Commerce, the Secretary of State, and the Director of 
     National Intelligence, and consult with private sector 
     entities, to develop a comprehensive national strategy for 
     the information and communications technology (ICT) 
     industrial base for the following 4-year period, or a longer 
     period, if appropriate.
       (2) Elements.--The strategy required under paragraph (1) 
     shall--
       (A) delineate a national ICT industrial base strategy 
     consistent with--

[[Page S3407]]

       (i) the most recent national security strategy report 
     submitted pursuant to section 108 of the National Security 
     Act of 1947 (50 U.S.C. 3043);
       (ii) the strategic plans of other relevant departments and 
     agencies of the United States; and
       (iii) other relevant national-level strategic plans;
       (B) assess the ICT industrial base, to include 
     identifying--
       (i) critical technologies, trusted components, products, 
     and materials that comprise or support the ICT industrial 
     base;
       (ii) industrial capacity of the United States, as well as 
     its allied and partner nations necessary for the manufacture 
     and development of ICT deemed critical to the United States 
     national and economic security; and
       (iii) areas of supply risk to ICT critical technologies, 
     trusted components, products, and materials that comprise or 
     support the ICT industrial base;
       (C) identify national ICT strategic priorities and estimate 
     Federal monetary and human resources necessary to fulfill 
     such priorities and areas where strategic financial 
     investment in ICT research and development is necessary for 
     national and economic security; and
       (D) assess the Federal government's structure, resourcing, 
     and authorities for evaluating ICT components, products, and 
     materials and promoting availability and integrity of trusted 
     technologies.
       (b) Report.--
       (1) In general.--Not later than 90 days after developing 
     the strategy under subsection (a), the President shall submit 
     a report to the appropriate congressional committees with the 
     strategy.
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Homeland Security, the Committee on Energy and Commerce, the 
     Committee on Foreign Affairs, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Information and communications technology.--The term 
     ``information and communications technology'' means 
     information technology and other equipment, systems, 
     technologies, or processes, for which the principal function 
     is the creation, manipulation, storage, display, receipt, 
     protection, or transmission of electronic data and 
     information, as well as any associated content.
                                 ______
                                 
  SA 1909. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 II, insert the following:

     SEC. ___. PILOT PROGRAM ON CONTROLLED CAPTURE IMAGE 
                   VERIFICATION TECHNOLOGY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Director of the Defense Advanced 
     Research Projects Agency, shall establish a pilot program on 
     controlled capture image verification technology integrated 
     into smartphones.
       (b) Purpose.--The purpose of the pilot program is to 
     collect information on the following:
       (1) Risk and cost reduction in information gathering in 
     both permissive and nonpermissive environments.
       (2) Risk and cost reduction in program or project 
     monitoring and evaluation in both permissive and 
     nonpermissive environments.
       (3) Reducing the risk of malicious visual disinformation 
     created by artificial intelligence on United States and 
     global security interests, including global disinformation 
     dissemination.
       (c) Evaluation Metrics.--In establishing the pilot program 
     under subsection (a), the Secretary shall, in consultation 
     with the Director, establish metrics to evaluate the 
     effectiveness of the pilot program.
       (d) Termination of Pilot Program.--The pilot program under 
     section (a) shall terminate not later than the date that is 
     two years after the date of the commencement of the pilot 
     program.
       (e) Final Report.--
       (1) In general.--Not later than 180 days after the date of 
     the completion of the pilot program under subsection (a), the 
     Secretary shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report on the pilot program.
       (2) Elements.--The report required by subparagraph (1) 
     shall include the following:
       (A) A description of the pilot program.
       (B) A description of the evaluation metrics established 
     under subsection (c).
       (C) An assessment of the effectiveness of the pilot 
     program, including risk and cost reduction in--
       (i) information gathering in both permissive and 
     nonpermissive environments;
       (ii) program or project monitoring and evaluation in both 
     permissive and nonpermissive environments;
       (iii) malicious synthetic media on United States and global 
     security interests, including global disinformation 
     dissemination; and
       (iv) evaluation of costs of, or alternatives to, this 
     specific technology and protection of personal information.
       (D) An assessment of the cost of the pilot program and an 
     estimate of the cost of making the pilot program a permanent 
     part of the budget of the Department of Defense.
       (E) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     pilot program, including recommendations for extending or 
     making permanent the authority for the pilot program.
                                 ______
                                 
  SA 1910. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle B of title XVI, insert 
     the following:

     SEC. ___. STUDY ON ALTERNATIVES AND RECOMMENDATIONS FOR 
                   PROVIDING A CYBER PROTECTION PROGRAM FOR THE 
                   DEFENSE INDUSTRIAL BASE.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study to explore alternatives and recommendations for 
     providing a cyber protection program for the defense 
     industrial base.
       (b) Assessment.--The study conducted under subsection (a) 
     shall include an assessment of the viability and 
     affordability of various options for securing Department of 
     Defense information and defense industrial base development 
     environments, including the roles of the Department members 
     of the defense industrial base, and commercial cybersecurity 
     industry in providing the following effective security 
     capabilities for the defense industrial base.
       (c) Elements.--At a minimum, the study required by 
     subsection (a) shall include the following:
       (1) Global security operations center.--Consideration of a 
     global security operations center, including the following:
       (A) Assessment of the feasibility (technical, policy, cost, 
     and etcetera) of offering voluntary defense industrial base 
     protection via a managed global security operations center 
     model. Options considered shall include Department management 
     and provision of [SOC] services or contracting to private 
     industry for managed security services devoted exclusively to 
     the defense industrial base.
       (B) Determination of minimum functions to be provided and 
     whether those functions are either met by existing defense 
     industrial base entities or not. Possible functions 
     considered shall include dissemination of cyber threat 
     intelligence, cyber situation monitoring, development and 
     testing of advanced analytics, alerting and incident 
     response, and coordination with other [SOC]s and computer 
     security incident response teams (CSIRTS).
       (C) Definition and analysis of options for global security 
     operations center management and oversight (such as public 
     entity, private entity, cleared defense contractor, 
     Department entity, or joint venture), operations and support 
     to defense industrial base entities, staffing, and funding.
       (D) Evaluation of the current state of managed security 
     services to determine their suitability for this role.
       (2) Reduced-rate licensing for commercial cyber security 
     products that meet minimum compliance with nist 800-171.--
     Consideration of a reduced-rate licensing for commercial 
     cyber security products that meet minimum compliance with 
     National Institute of Standards and Technology special 
     publication 800-171, including the following:
       (A) Estimation of the cost and identification of the 
     advantages and disadvantages of having the Department 
     subsidize the cost of advanced cybersecurity tools to protect 
     the unclassified networks of defense industrial base 
     contractors. Such estimation and identification shall include 
     tools that are configured to provide sanitized threat data to 
     the global security operations center considered under 
     paragraph (1).
       (B) Analysis of any economies of scale cost benefits and 
     reduced compliance barriers for the defense industrial base 
     by using reduced-rate licensing to improve cybersecurity 
     postures.
       (3) Secure hosting and access to development environments 
     and data.--Consideration of secure hosting and access to 
     development environments and data, including secure cloud 
     environments and software development offerings, including 
     the following:
       (A) Requiring contractors to provide secure systems and 
     connectivity to all subcontractors.

[[Page S3408]]

       (B) Department development and provision of secure systems 
     and connectivity to eligible defense industrial base 
     contractors, including secure cloud services.
       (C) Providing secure development environments as a service 
     by negotiating with commercial providers to offer consistent, 
     low-priced options to eligible defense industrial base 
     contractors (with possible incentives to commercial 
     providers).
       (D) Such other options as may be worthy.
       (4) Department develop secure cloud computing 
     environment.--Consideration of a Department developed secure 
     cloud computing environment providing secure cloud services 
     to eligible Department contractors at reduced and affordable 
     rates.
       (d) Additional Requirements.--In carrying out the study, 
     the Secretary shall--
       (1) define the trade-space for options, the evaluation of 
     cyber risk for each proposed capability and option, and 
     determination of Department member eligibility for 
     participating in any program and receiving benefit;
       (2) assess legal matters (such as protections for 
     participating defense industrial base companies) and 
     contractual (such as Defense Acquisition Regulations System) 
     ramifications; and
       (3) use experts from across the Department, the defense 
     industrial base, and commercial sectors as part of the study 
     team.
                                 ______
                                 
  SA 1911. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle B of title XVI, insert 
     the following:

     SEC. ___. POLICIES FOR CYBERSECURITY AND RESILIENCE FOR 
                   CERTAIN PROGRAMS DEVELOPING APPLICATIONS USING 
                   ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING.

       (a) Policies Required.--The Secretary of Defense shall 
     issue policies for programs developing applications and 
     systems using artificial intelligence or machine learning and 
     resulting in autonomous control, decisionmaking, or other 
     safety-critical functions not under control or observation by 
     a human operator to ensure that autonomous systems and 
     decisionmaking algorithms are resilient to deception or other 
     cyber attacks.
       (b) Risk Mitigation.--The policies issued under subsection 
     (a) shall cover risk mitigation that considers that cyber-
     attacks against systems described in subsection (a) can occur 
     at the following levels:
       (1) Adversarial inputs to recognition algorithms, such as 
     visual image manipulation to fool recognition.
       (2) Adversarial inputs to planning or decisionmaking 
     algorithms.
       (3) More conventional attacks against the software 
     implementations of the system, such as common software 
     weaknesses.
                                 ______
                                 
  SA 1912. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle B of title XVI, insert 
     the following:

     SEC. ___. ASSESSMENT OF MAJOR THEATER OPERATIONAL PLANS FOR 
                   CYBER RISK TO MISSIONS.

       (a) Assessment Required.--The Secretary of Defense shall 
     conduct an assessment of major theater operational plans for 
     cyber risk to missions.
       (b) Requirements.--
       (1) Mission impact.--The assessment under subsection (a) 
     shall include an assessment of the mission impact of cyber-
     attacks that degrade, deny, or destroy United States 
     capabilities.
       (2) Manner conducted.--Assessments under paragraph (1) 
     shall be conducted by the commanders of the combatant 
     commands and acquisition organizations together, and include 
     the Deputy Assistant Secretary of Defense for Defense 
     Continuity and Mission Assurance for assessing mission risk 
     in relation to the cyber resilience of the infrastructure on 
     which force generation and projection depend.
       (3) Sustainable analysis and methods.--The Secretary shall 
     ensure that assessments under this section result in 
     sustainable analyses and methods of determining cyber risk 
     and mission assurance to the mission plans of the combatant 
     command.
       (4) Use of existing exercises and assessments.--The 
     assessments under this section may build upon existing cyber 
     table-top and other exercises and assessments.
       (5) Coordination.--The Secretary shall ensure that 
     assessments under this section are coordinated with the 
     Commander of the United States Cyber Command.
       (6) Institutionalized.--The Secretary shall ensure that the 
     analyses under this section are institutionalized as part of 
     continuing plans, preparations, and exercises.
                                 ______
                                 
  SA 1913. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. 873. STUDY AND REPORT ON CONTRACTS AWARDED TO MINORITY-
                   OWNED AND WOMEN-OWNED SMALL BUSINESSES.

       (a) Study.--The Comptroller General of the United States 
     shall carry out a study on the number and types of contracts 
     for the procurement of goods or services for the Department 
     of Defense awarded to minority-owned and women-owned 
     businesses during fiscal years 2017 through 2020. In 
     conducting the study, the Comptroller General shall identify 
     minority-owned businesses according to the categories 
     identified in the Federal Procurement Data System (described 
     in section 1122(a)(4)(A) of title 41, United States Code). 
     The study shall include an assessment of the success of 
     government programs aimed at increasing defense contracting 
     among minority-owned and women-owned small businesses.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees a report on the 
     results of the study under subsection (a).
                                 ______
                                 
  SA 1914. Mr. WARNER (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 1287. BRIEFING ON UNITED STATES-INDIA JOINT DEFENSE AND 
                   RELATED INDUSTRIAL AND TECHNOLOGY RESEARCH AND 
                   DEVELOPMENT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     provide a briefing on joint defense and related industrial 
     and technology research and development and personnel 
     exchange opportunities between the United States and India.
       (b) Matters to Be Included.--The briefing under subsection 
     (a) shall include the following:
       (1) A status update on the Defense Technology and Trade 
     Initiative and its efforts to increase private sector 
     industrial cooperation.
       (2) An assessment of whether additional funds are necessary 
     for the Defense Technology and Trade Initiative for seed 
     funding and personnel exchanges.
       (3) An assessment of whether the Israel-U.S. Binational 
     Industrial Research and Development Foundation and Fund 
     provides a model for United States and India private sector 
     collaboration on defense and critical technologies.
       (4) A status update on the collaboration between the 
     Department of Defense Innovation Unit and the Innovations for 
     Defence Excellence program of the Ministry of Defence of 
     India to enhance the capacity of the Department of Defense 
     and Ministry of Defence of India to identify and source 
     solutions to military requirements by accessing cutting-edge 
     commercial technology through nontraditional processes.
                                 ______
                                 
  SA 1915. Mr. HEINRICH submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XVI, insert the 
     following:

     SEC. ___. PLAN FOR ESTABLISHING AN ELEMENT OF THE 
                   INTELLIGENCE COMMUNITY WITHIN THE UNITED STATES 
                   SPACE FORCE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence and the Under Secretary of Defense for 
     Intelligence and Security, in coordination with the Secretary 
     of the Air Force and the Chief of Space Operations, shall 
     submit to the appropriate committees of Congress a plan for 
     establishing an element of the intelligence community within 
     the United States Space Force.
       (b) Elements.--The plan required by subsection (a) shall 
     address the following:
       (1) Creation of an element of the intelligence community 
     and any proposed national intelligence center related to 
     space matters.

[[Page S3409]]

       (2) Identification of the documents that will establish the 
     element and center.
       (3) The authorities, personnel, resources, and physical 
     infrastructure required from the National Intelligence 
     Program and the Military Intelligence Program.
       (4) The effects on the Air Force element of the 
     intelligence community and the National Air and Space 
     Intelligence Center.
       (c) Definition of Appropriate Committees of Congress.--For 
     purposes of this section, the term ``appropriate committees 
     of Congress'' means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 1916. Mr. HEINRICH (for himself and Mrs. Blackburn) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. INCREASING HUMAN RESOURCES WORKFORCE LITERACY IN 
                   ARTIFICIAL INTELLIGENCE.

       (a) Finding.--Congress finds that the National Security 
     Commission on Artificial Intelligence made the following 
     recommendation in their March 2020 Report to Congress:
       (b) Increasing Human Resources Workforce Literacy in 
     Artificial Intelligence.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense may 
     develop a training and certification program on software 
     development, data science, and artificial intelligence that 
     is tailored to the needs of the covered human resources 
     workforce of the Department of Defense.
       (2) Elements.--The program course required by paragraph (1) 
     shall--
       (A) provide a generalist's introduction to software 
     development and business processes, data management practices 
     relating to machine learning, deep learning, artificial 
     intelligence, and artificial intelligence workforce roles; 
     and
       (B) address hiring options and processes available for 
     software developers, data scientists, and artificial 
     intelligence professionals, including direct hiring 
     authorities, excepted service authorities, the 
     Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et 
     seq.), and authorities for hiring special government 
     employees and highly qualified experts.
       (3) Objective.--It shall be the objective of the Department 
     to provide the training under the program developed pursuant 
     to paragraph (1) to the covered human resources workforce in 
     such a manner that--
       (A) in the first year, 20 percent of the workforce is 
     certified as having successfully completed the training; and
       (B) in each year thereafter, an additional 10 percent of 
     the workforce is certified, until the Department achieves and 
     maintains a status in which 80 percent of the covered human 
     resources workforce is so certified.
       (c) Covered Human Resources Workforce.--In this section, 
     the term ``covered human resources workforce'' means human 
     resources professionals, hiring managers, and recruiters who 
     are or will be responsible for hiring software developers, 
     data scientists, or artificial intelligence professionals.
                                 ______
                                 
  SA 1917. Ms. HASSAN (for herself, Mr. Cornyn, Mr. Portman, and Mr. 
Peters) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. CYBERSECURITY STATE COORDINATOR ACT.

       (a) Short Title.--This section may be cited as the 
     ``Cybersecurity State Coordinator Act of 2020''.
       (b) Cybersecurity State Coordinator.--
       (1) In general.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
       (A) in section 2202(c) (6 U.S.C. 652(c))--
       (i) in paragraph (10), by striking ``and'' at the end;
       (ii) by redesignating paragraph (11) as paragraph (12); and
       (iii) by inserting after paragraph (10) the following:
       ``(11) appoint a Cybersecurity State Coordinator in each 
     State, as described in section 2215; and''; and
       (B) by adding at the end the following:

     ``SEC. 2215. CYBERSECURITY STATE COORDINATOR.

       ``(a) Appointment.--The Director shall appoint an employee 
     of the Agency in each State, with the appropriate 
     cybersecurity qualifications and expertise, who shall serve 
     as the Cybersecurity State Coordinator.
       ``(b) Duties.--The duties of a Cybersecurity State 
     Coordinator appointed under subsection (a) shall include--
       ``(1) building strategic relationships across Federal and, 
     on a voluntary basis, non-Federal entities by advising on 
     establishing governance structures to facilitate the 
     development and maintenance of secure and resilient 
     infrastructure;
       ``(2) serving as a Federal cybersecurity risk advisor and 
     coordinating between Federal and, on a voluntary basis, non-
     Federal entities to support preparation, response, and 
     remediation efforts relating to cybersecurity risks and 
     incidents;
       ``(3) facilitating the sharing of cyber threat information 
     between Federal and, on a voluntary basis, non-Federal 
     entities to improve understanding of cybersecurity risks and 
     situational awareness of cybersecurity incidents;
       ``(4) raising awareness of the financial, technical, and 
     operational resources available from the Federal Government 
     to non-Federal entities to increase resilience against cyber 
     threats;
       ``(5) supporting training, exercises, and planning for 
     continuity of operations to expedite recovery from 
     cybersecurity incidents, including ransomware;
       ``(6) serving as a principal point of contact for non-
     Federal entities to engage, on a voluntary basis, with the 
     Federal Government on preparing, managing, and responding to 
     cybersecurity incidents;
       ``(7) assisting non-Federal entities in developing and 
     coordinating vulnerability disclosure programs consistent 
     with Federal and information security industry standards; and
       ``(8) performing such other duties as determined necessary 
     by the Director to achieve the goal of managing cybersecurity 
     risks in the United States and reducing the impact of cyber 
     threats to non-Federal entities.
       ``(c) Feedback.--The Director shall consult with relevant 
     State and local officials regarding the appointment, and 
     State and local officials and other non-Federal entities 
     regarding the performance, of the Cybersecurity State 
     Coordinator of a State.''.
       (2) Oversight.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall provide to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Homeland Security of the House of 
     Representatives a briefing on the placement and efficacy of 
     the Cybersecurity State Coordinators appointed under section 
     2215 of the Homeland Security Act of 2002, as added by 
     paragraph (1)--
       (A) not later than 1 year after the date of enactment of 
     this Act; and
       (B) not later than 2 years after providing the first 
     briefing under this paragraph.
       (3) Rule of construction.--Nothing in this subsection or 
     the amendments made by this subsection shall be construed to 
     affect or otherwise modify the authority of Federal law 
     enforcement agencies with respect to investigations relating 
     to cybersecurity incidents.
       (4) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 2214 the following:

``Sec. 2215. Cybersecurity State Coordinator.''.
                                 ______
                                 
  SA 1918. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1003. MANDATORY TRANSFER.

       Notwithstanding any other provision of law, the Secretary 
     of the Treasury shall transfer 0.1 percent of the funds 
     authorized to be appropriated under this division for fiscal 
     year 2021 from the Department of Defense to the Department of 
     State for educational and cultural exchange program expenses.
                                 ______
                                 
  SA 1919. Mr. SANDERS (for himself, Mr. Lee, and Mr. Murphy) submitted 
an amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. PROHIBITION ON SUPPORT OR MILITARY PARTICIPATION 
                   AGAINST THE HOUTHIS IN YEMEN.

       (a) Prohibition Relating to Support.--None of the funds 
     authorized to be appropriated by this Act may be made 
     available to

[[Page S3410]]

     provide United States support for Saudi-led or United Arab 
     Emirates-led coalition forces against the Houthis in Yemen, 
     including for any of the following:
       (1) Intelligence sharing or logistical support activities 
     for coalition airstrikes.
       (2) Maintenance and spare parts transfers to warplanes 
     engaged in anti-Houthi bombings.
       (b) Prohibition Relating to Military Participation.--None 
     of the funds authorized to be appropriated by this Act may be 
     made available for any uniformed or non-uniformed member of 
     the United States Armed Forces to command, coordinate, 
     participate in the movement of, or accompany the regular or 
     irregular military forces of the Saudi-led and United Arab 
     Emirates-led coalition forces in hostilities against the 
     Houthis in Yemen or in situations in which there exists an 
     imminent threat that such coalition forces become engaged in 
     such hostilities, unless and until the President has obtained 
     specific statutory authorization, in accordance with section 
     8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).
                                 ______
                                 
  SA 1920. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. ESTABLISHING A NATIONAL PROGRAM TO DISTRIBUTE FACE 
                   MASKS DURING THE COVID-19 EMERGENCY.

       (a) Establishment of Program.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the President, acting through the 
     Administrator, in coordination with the Secretary, the 
     Postmaster General, and the heads of any other relevant 
     Federal agencies, and in consultation with Governors and 
     appropriate labor unions, shall establish a program to 
     provide, and deliver through the United States Postal 
     Service, a monthly supply of face masks, free of charge, to 
     every individual and household in the United States, until 
     the date described in paragraph (4).
       (2) Additional deliveries.--In developing the program under 
     paragraph (1), the President, acting through the 
     Administrator, in coordination with the Secretary, shall work 
     with States and units of local government to ensure a monthly 
     supply of masks is provided to individuals who do not receive 
     masks that are delivered to households by the United States 
     Postal Service, including--
       (A) all individuals who are experiencing homelessness; and
       (B) all individuals who are living in group quarters, as 
     defined by the Census Bureau for the purposes of the most 
     recent decennial census.
       (3) Prohibition on identification requirement.--The program 
     developed under paragraph (1) shall not require any 
     individual in the United States to provide identification or 
     proof of citizenship in order to receive masks.
       (4) Date described.--The date described in this subsection 
     is the date on which no new cases of COVID-19 are reported in 
     the United States for a period of not less than 14 
     consecutive days.
       (b) Use of Authorities.--
       (1) In general.--To carry out this section, the President 
     shall make use of any and all available authorities at the 
     disposal of the Federal Government to procure, manufacturer, 
     and support the domestic manufacturing of face masks, 
     including emergency authorities, such as the Defense 
     Production Act of 1950 (50 U.S.C. 4511 et seq.), the National 
     Emergencies Act (50 U.S.C. 1601 et seq.), and the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (2) Requirement.--Any face masks procured or manufactured 
     for purposes of carrying out this section shall be purchased 
     in accordance with Federal Acquisition Regulation guidance on 
     fair and reasonable pricing.
       (c) Funding.--
       (1) Appropriation.--There is appropriated, out of amounts 
     in the Treasury not otherwise appropriated, $75,000,000,000 
     to the Administrator to carry out this section.
       (2) Limitation.--No funds made available under this 
     subsection shall be provided to--
       (A) any person who is a Federal elected official or serving 
     in a Senior Executive Service position; or
       (B) any entity that is controlled in whole or in part by a 
     Federal elected official or serving in a Senior Executive 
     Service position.
       (3) Emergency designation.--
       (A) In general.--The amounts provided under this section 
     are designated as an emergency requirement pursuant to 
     section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(g)).
       (B) Designation in senate.--In the Senate, this section is 
     designated as an emergency requirement pursuant to section 
     4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
     resolution on the budget for fiscal year 2018.
       (d) Reports to Congress.--Beginning 7 days after the date 
     of enactment of this Act, and every 7 days thereafter until 
     the date described in subsection (a)(4), the Administrator 
     and the Secretary shall jointly submit to Congress a detailed 
     report on the implementation of and activities authorized by 
     this section, including--
       (1) detailed plans to establish and implement the program 
     required under this section;
       (2) information on--
       (A) the use of funds under this section;
       (B) the current and projected supply of face masks, and the 
     sources of such masks;
       (C) the distribution of face masks by State, geographic 
     area, and need;
       (D) the prices paid by the Federal Government and to which 
     suppliers such amounts were paid; and
       (3) any other information requested by Congress.
       (e) Effect on State Requests for PPE.--Any face masks 
     delivered under this section shall not be taken into account 
     for purposes of the Federal Government responding to State or 
     health provider requests for personal protective equipment or 
     other supplies related to COVID-19.
       (f) Required Consultation.--The consultation with 
     appropriate labor unions required under subsection (a)(1) 
     shall include consultation with labor organizations 
     representing employees of the United States Postal Service, 
     including regarding the safety of such employees who carry 
     out the activities authorized under this section.
       (g) Excess Masks.--Any face masks in the possession of the 
     Federal Emergency Management Agency or the Department of 
     Health and Human Services for purposes of carrying out this 
     section that have not been distributed as of the date 
     described in subsection (a)(4) shall be added to the 
     strategic national stockpile.
       (h) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) Face mask.--The term ``face mask'' means--
       (A) a surgical mask; or
       (B) if there is a shortage of surgical masks, a tight-weave 
     cloth mask.
       (3) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 4(e) of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304(e)).
       (4) Monthly supply.--The term ``monthly supply'' means not 
     less than 5 face masks per month per individual.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (6) Senior executive service position.--The term ``Senior 
     Executive Service position'' has the meaning given that term 
     in section 3132(a) of title 5, United States Code.
       (7) United states.--The term ``United States'' means--
       (A) each of the several States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the Federated States of Micronesia;
       (H) the Republic of the Marshall Islands;
       (I) the Republic of Palau;
       (J) the United States Virgin Islands; and
       (K) each Indian Tribe.
                                 ______
                                 
  SA 1921. Mr. MERKLEY (for himself, Mr. Cornyn, Mr. Markey, Mr. Scott 
of Florida, Mr. Cardin, Mr. Gardner, and Mr. Wicker) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. CERTIFICATION REQUIRED FOR TERMINATION OF 
                   PROHIBITION ON COMMERCIAL EXPORT OF CERTAIN 
                   MUNITIONS TO HONG KONG POLICE FORCE.

       Section 3 of the Act entitled ``An Act to prohibit the 
     commercial export of covered munitions items to the Hong Kong 
     Police Force'', approved November 27, 2019 (Public Law 116-
     77; 133 Stat. 1174), is amended to read as follows:

     ``SEC. 3. CERTIFICATION REQUIRED FOR TERMINATION.

       ``The prohibition under section 2 shall remain in effect 
     until the date on which the Secretary of State submits to 
     Congress under section 205 of the United States-Hong Kong 
     Policy Act of 1992 (22 U.S.C. 5725) a certification that 
     indicates that Hong Kong continues to warrant treatment under 
     United States law in the same manner as United States laws 
     were applied to Hong Kong before July 1, 1997.''.
                                 ______
                                 
  SA 1922. Mr. MERKLEY (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military

[[Page S3411]]

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. 1287. PREVENTING SAUDI ARABIAN DIPLOMATS FROM AIDING AND 
                   ABETTING FLIGHTS FROM JUSTICE.

       (a) Determination on Flights From Justice.--Not later than 
     120 days after the date of the enactment of this Act, the 
     President shall determine whether any citizen of Saudi Arabia 
     who enjoys diplomatic immunity from criminal jurisdiction in 
     the United States has assisted in the unlawful removal of any 
     national of Saudi Arabia in the United States for the 
     purposes of evading criminal prosecution or otherwise evading 
     a criminal sentence in the United States.
       (b) Penalties.--If the determination required under 
     subsection (a) concludes that one or more officials of the 
     Government of Saudi Arabia has aided, abetted, or assisted in 
     the unlawful removal of a national of Saudi Arabia from the 
     United States or has harbored a national of Saudi Arabia in 
     the United States for the purpose of avoiding criminal 
     prosecution or evading law enforcement authorities, any such 
     official shall be subject to the following:
       (1) The submittal of a request for a waiver of immunity 
     from the United States to Saudi Arabia for the purposes of 
     pursuing criminal prosecution within the United States.
       (2) A declaration that such official is persona non grata 
     and is expelled from the United States, without replacement 
     of that position.
       (3) The revocation of any existing visa or other relevant 
     entry documentation, which may include denial of future visa 
     requests.
       (c) Additional Penalties Imposed by President.--If the 
     determination required under subsection (a) concludes that 
     one or more officials of the Government of Saudi Arabia has 
     aided, abetted, or assisted in the unlawful removal of a 
     national of Saudi Arabia from the United States or has 
     harbored a national of Saudi Arabia in the United States for 
     the purpose of avoiding criminal prosecution or evading law 
     enforcement authorities, the President may enforce any of the 
     following penalties:
       (1) Denial of use of certain diplomatic facilities.--
     Notwithstanding any other provision of law, the President may 
     deny access to, and use by the Government of Saudi Arabia of, 
     the Saudi-owned diplomatic facilities and properties located 
     at the following addresses:
       (A) 2045 Sawtelle Boulevard, Los Angeles, California.
       (B) 8500 Hilltop Road, Fairfax, Virginia.
       (2) Suspension of flights to and from the united states by 
     saudi arabian air carriers.--
       (A) Suspension of operating permit.--
       (i) In general.--Notwithstanding any agreement between the 
     United States and Saudi Arabia relating to air services, the 
     President may suspend the permit of a foreign air carrier 
     owned or controlled, directly or indirectly, by the 
     Government of Saudi Arabia to operate in foreign air 
     transportation under chapter 413 of title 49, United States 
     Code.
       (ii) Procedures.--If the President determines under clause 
     (i) to suspend the permit of an air carrier described in that 
     clause--

       (I) the President shall notify the Government of Saudi 
     Arabia of the intention of the President to suspend the 
     permit; and
       (II) not later than 10 days after the President provides 
     such notification, the Secretary of Transportation shall take 
     such measures as may be necessary to suspend the permit on 
     the earliest possible date.

       (B) Suspension of air service agreement.--
       (i) In general.--The President may direct the Secretary of 
     State to terminate any agreement between the United States 
     and Saudi Arabia relating to air services in accordance with 
     the provisions of the agreement.
       (ii) Suspension of operating permit.--Upon termination of 
     an agreement under clause (i), the Secretary of 
     Transportation may take such measures as may be necessary to 
     revoke, on the earliest possible date, the permit of any 
     foreign air carrier owned or controlled, directly or 
     indirectly, by the Government of Saudi Arabia to operate in 
     foreign air transportation under chapter 413 of title 49, 
     United States Code.
       (C) Exceptions.--The Secretary of Transportation may 
     provide for such exceptions to subparagraphs (A) and (B) as 
     the Secretary considers necessary to address emergencies in 
     which the safety of an aircraft or the crew or passengers on 
     an aircraft is threatened.
       (D) Foreign air carrier and foreign air transportation 
     defined.--In this paragraph, the terms ``foreign air 
     carrier'' and ``foreign air transportation'' have the 
     meanings given the terms in section 40102(a) of title 49, 
     United States Code.
       (3) Imposition of sanctions.--
       (A) In general.--The President may exercise all of the 
     powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     property and interests in property of a foreign official 
     described in subsection (a) if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (B) Inapplicability of national emergency requirement.--The 
     requirements under section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subparagraph (A).
       (C) Exception relating to importation of goods.--
       (i) In general.--The authority to block and prohibit all 
     transactions in all property and interests in property under 
     subparagraph (A) shall not include the authority to impose 
     sanctions on the importation of goods.
       (ii) Good defined.--In this subparagraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (D) Implementation; penalties.--
       (i) Implementation.--The President may exercise all 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) for purposes of carrying out the 
     provisions of this paragraph.
       (ii) Penalties.--The penalties under subsections (b) and 
     (c) of section 206 of the International Emergency Economic 
     Powers Act (50 U.S.C. 1705) shall apply to a person that 
     violates, attempts to violate, conspires to violate, or 
     causes a violation of subparagraph (A), or any regulation, 
     license, or order issued to carry out that subparagraph, to 
     the same extent that such penalties apply to a person that 
     commits an unlawful act described in subsection (a) of such 
     section.
                                 ______
                                 
  SA 1923. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1287. AGREEMENT FOR NATO MEMBERS NOT TO ACQUIRE DEFENSE 
                   TECHNOLOGY INCOMPATIBLE WITH THE SECURITY OF 
                   NATO SYSTEMS.

       The U.S. Mission to NATO shall pursue an agreement that 
     members will not acquire defense technology incompatible with 
     the security of NATO systems.
                                 ______
                                 
  SA 1924. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1287. AGREEMENT FOR NATO MEMBERS NOT TO ACQUIRE DEFENSE 
                   TECHNOLOGY INCOMPATIBLE WITH THE SECURITY OF 
                   NATO SYSTEMS.

       The U.S. Mission to NATO shall pursue an agreement that 
     members will not acquire defense technology incompatible with 
     the security of NATO systems.
                                 ______
                                 
  SA 1925. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 1262. UNITED STATES STRATEGY WITH RESPECT TO THE NUCLEAR 
                   FORCES OF PEOPLE'S REPUBLIC OF CHINA.

       (a) Statement of Policy.--Congress declares that making 
     long-term strategic competition with the People's Republic of 
     China a principal priority for the United States elevates the 
     importance of strategic stability dialogue aimed at reducing 
     the risk of inadvertent nuclear war.
       (b) Strategy Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a strategy with respect 
     to the nuclear forces of the People's Republic of China.
       (2) Elements of strategy.--The strategy required by 
     paragraph (1) shall include the following:
       (A) Updates to the tailored strategy for the People's 
     Republic of China articulated in the 2018 Nuclear Posture 
     Review.
       (B) Objectives of strategic stability and arms control 
     dialogues with the People's Republic of China.
       (C) An assessment of actions that could be interpreted by 
     the United States or the People's Republic of China as 
     provocative or requiring a strategic response.
       (D) Measures to avoid inadvertent escalation of conflict 
     between the United States and the People's Republic of China.

[[Page S3412]]

       (E) Consideration of actions the United States anticipates 
     the People's Republic of China seeking in bilateral or 
     multilateral arms control negotiations.
       (F) A description of engagements with the People's Republic 
     of China on issues related to strategic stability.
       (G) An assessment of whether sufficient personnel are 
     currently dedicated to strategic stability and arms control 
     with the People's Republic of China.
       (H) A description of the steps required to negotiate a 
     bilateral or multilateral arms control agreement with the 
     People's Republic of China.
       (3) Form.--The strategy required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (c) Study Required.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     seek to enter into a contract with a federally funded 
     research and development center to conduct a study on 
     avoiding inadvertent nuclear war with the People's Republic 
     of China.
       (2) Elements of study.--The study required by paragraph (1) 
     shall, at a minimum--
       (A) provide a detailed description of the current 
     composition of the nuclear forces of the People's Republic of 
     China, including the quantity of nuclear warheads and 
     nuclear-capable delivery systems, as well as anticipated 
     changes in its nuclear force structure through fiscal year 
     2030;
       (B) assess the nuclear doctrine of the People's Republic of 
     China; and
       (C) identify potential pathways to inadvertent escalation 
     to nuclear war.
       (3) Submission to department of defense.--Not later than 
     240 days after the date of the enactment of this Act, the 
     federally funded research and development center described in 
     paragraph (1) shall submit to the Secretary a report 
     containing the results of the study conducted under that 
     paragraph.
       (4) Submission to congress.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the appropriate congressional committees the report 
     required by paragraph (3), without making any changes.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the following:
       (1) The congressional defense committees.
       (2) The Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 1926. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO 
                   THE PRIVATE SECTOR.

       (a) In General.--Section 207 of title 18, United States 
     Code, is amended--
       (1) in subsection (c)--
       (A) in the subsection heading, by striking ``One-Year'' and 
     inserting ``Two-Year'';
       (B) in paragraph (1)--
       (i) by striking ``1 year'' each place it appears and 
     inserting ``2 years''; and
       (ii) by inserting ``, or conducts any lobbying activity (as 
     defined in section 3 of the Lobbying Disclosure Act of 1995 
     (2 U.S.C. 1602)) to facilitate any communication to or 
     appearance before,'' after ``any communication to or 
     appearance before''; and
       (C) in paragraph (2)(B), by striking ``1-year'' and 
     inserting ``2-year''; and
       (2) by striking subsection (h).
       (b) Application.--The amendments made by subsection (a) 
     shall apply to any individual covered by subsection (c) of 
     section 207 of title 18, United States Code, separating from 
     service on or after the date of enactment of this Act.
                                 ______
                                 
  SA 1927. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1242. STATEMENT OF POLICY WITH RESPECT TO THE NEW START 
                   TREATY.

       (a) In General.--It is the policy of the United States to 
     extend the New START Treaty an additional five years until 
     February 2026, as is permitted under Article XIV of the 
     Treaty, unless--
       (1) the President determines that the Russian Federation is 
     in material breach of its obligations under the Treaty; or
       (2) the United States and the Russian Federation enter into 
     a new bilateral agreement that places equal or greater 
     verifiable constraints on the nuclear forces of the Russian 
     Federation.
       (b) New START Treaty; Treaty Defined.--The terms ``New 
     START Treaty'' and ``Treaty'' mean the Treaty between the 
     United States of America and the Russian Federation on 
     Measures for the Further Reduction and Limitation of 
     Strategic Offensive Arms, signed at Prague April 8, 2010, and 
     entered into force February 5, 2011.
                                 ______
                                 
  SA 1928. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1287. REQUIREMENTS FOR CIVILIAN NUCLEAR COOPERATION 
                   AGREEMENT WITH SAUDI ARABIA.

       The United States may not enter into a civilian nuclear 
     cooperation agreement under section 123 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2153), commonly known as a ``123 
     Agreement'', unless the agreement--
       (1) prohibits the Kingdom of Saudi Arabia from enriching 
     uranium or separating plutonium on Saudi Arabian territory in 
     keeping with the strongest possible nonproliferation ``gold 
     standard''; and
       (2) requires the Kingdom of Saudi Arabia to bring into 
     force the Additional Protocol with the International Atomic 
     Energy Agency.
                                 ______
                                 
  SA 1929. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 355. REPORT ON NON-PERMISSIVE, GLOBAL POSITIONING SYSTEM 
                   DENIED AIRFIELD CAPABILITIES.

       (a) In General.--Not later than February 1, 2021, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report assessing the ability of each 
     combatant command to conduct all-weather, day-night airfield 
     operations in a non-permissive, global positioning system 
     denied environment.
       (b) Elements.--The report required under subsection (a) 
     shall include, at a minimum, the following:
       (1) An assessment of current air traffic control and 
     landing systems at existing airfields and contingency 
     airfields.
       (2) An assessment of the ability of each combatant command 
     to conduct all-weather, day-night airfield flight operations 
     in a non-permissive, global positioning system denied 
     environment at existing and contingency airfields, including 
     aircraft tracking and precision landing.
       (3) An assessment of the ability of each combatant command 
     to rapidly set up and conduct operations at alternate 
     airfields, including the ability to receive and deploy forces 
     in a non-permissive, global positioning system denied 
     environment.
       (4) A list of backup systems in place or pre-positioned to 
     be able to reconstitute operations after an attack.
                                 ______
                                 
  SA 1930. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X of division A, add the 
     following:

     SEC. 1287. PROHIBITION ON INTRODUCTION OF UNITED STATES ARMED 
                   FORCES INTO HOSTILITIES WITH RESPECT TO 
                   VENEZUELA.

       (a) Short Title.--This section may be cited as the 
     ``Prohibiting Unauthorized Military Action in Venezuela 
     Resolution of 2020''.
       (b) Prohibition.--Except as consistent with the 
     requirements of the War Powers Resolution (50 U.S.C. 1541 et 
     seq.), none of the amounts authorized to be appropriated or 
     otherwise made available for the Department of Defense, or 
     for any other department or agency of the United States 
     Government, may be used to introduce the Armed Forces of the 
     United States into hostilities with respect to Venezuela, 
     except pursuant to a specific statutory authorization by 
     Congress enacted after the date of the enactment of this Act.
                                 ______
                                 
  SA 1931. Mrs. SHAHEEN (for herself, Mr. Bennet, Mr. Blumenthal, Mr. 
Booker, Mr. Carper, Mr. Casey, Mr. Durbin, Mrs. Gillibrand, Ms. Hassan, 
Mr. Heinrich, Mr. Leahy, Mr. Sanders,

[[Page S3413]]

Mr. Schumer, Mr. Van Hollen, Ms. Warren, Mr. Markey, and Mr. Manchin) 
submitted an amendment intended to be proposed by her to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. ____. TREATMENT OF PERFLUOROOCTANE SULFONATE AND 
                   PERFLUOROOCTANOIC ACID AS HAZARDOUS AND A 
                   POLLUTANT OR CONTAMINANT.

       Section 2701(c) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) PFOS and pfoa contamination.--For purposes of this 
     subsection, perfluorooctane sulfonate and perfluorooctanoic 
     acid shall be deemed to be hazardous and a pollutant or 
     contaminant.''.
                                 ______
                                 
  SA 1932. Mrs. GILLIBRAND (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle D of title V, add the following:

 PART III--DISPOSITION OF CHARGES AND CONVENING OF COURTS-MARTIAL FOR 
                         CERTAIN UCMJ OFFENSES

     SEC. 539. SHORT TITLE.

       This part may be cited as the ``Military Justice 
     Improvement Act of 2020''.

     SEC. 539A. IMPROVEMENT OF DETERMINATIONS ON DISPOSITION OF 
                   CHARGES FOR CERTAIN OFFENSES UNDER UCMJ WITH 
                   AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF 
                   MORE THAN ONE YEAR.

       (a) Improvement of Determinations.--
       (1) Military departments.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     subsection (b) and not excluded under subsection (c), the 
     Secretary of Defense shall require the Secretaries of the 
     military departments to provide as described in subsection 
     (d) for the determinations as follows:
       (A) Determinations under section 830 of such chapter 
     (article 30 of the Uniform Code of Military Justice) on the 
     preferral of charges.
       (B) Determinations under section 830 of such chapter 
     (article 30 of the Uniform Code of Military Justice) on the 
     disposition of charges.
       (C) Determinations under section 834 of such chapter 
     (article 34 of the Uniform Code of Military Justice) on the 
     referral of charges.
       (2) Homeland security.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     subsection (b) and not excluded under subsection (c) against 
     a member of the Coast Guard (when it is not operating as a 
     service in the Navy), the Secretary of Homeland Security 
     shall provide as described in subsection (d) for the 
     determinations as follows:
       (A) Determinations under section 830 of such chapter 
     (article 30(a) of the Uniform Code of Military Justice) on 
     the preferral of charges.
       (B) Determinations under section 830 of such chapter 
     (article 30 of the Uniform Code of Military Justice) on the 
     disposition of charges.
       (C) Determinations under section 834 of such chapter 
     (article 34 of the Uniform Code of Military Justice) on the 
     referral of charges.
       (b) Covered Offenses.--An offense specified in this 
     subsection is an offense as follows:
       (1) An offense under chapter 47 of title 10, United States 
     Code (the Uniform Code of Military Justice), for which the 
     maximum punishment authorized under that chapter includes 
     confinement for more than one year.
       (2) A conspiracy to commit an offense specified in 
     paragraph (1) as punishable under section 881 of title 10, 
     United States Code (article 81 of the Uniform Code of 
     Military Justice).
       (3) A solicitation to commit an offense specified in 
     paragraph (1) as punishable under section 882 of title 10, 
     United States Code (article 82 of the Uniform Code of 
     Military Justice).
       (4) An attempt to commit an offense specified in paragraph 
     (1) as punishable under section 880 of title 10, United 
     States Code (article 80 of the Uniform Code of Military 
     Justice).
       (c) Excluded Offenses.--Subsection (a) does not apply to an 
     offense as follows:
       (1) An offense under sections 883 through 917 of title 10, 
     United States Code (articles 83 through 117 of the Uniform 
     Code of Military Justice), but not an offense under section 
     893a or 917a of such title (articles 93a and 117a of the 
     Uniform Code of Military Justice) or the offense of child 
     pornography, negligent homicide, indecent conduct, or 
     pandering and prostitution as punishable under the general 
     punitive article in 934 of such title (article 134 of the 
     Uniform Code of Military Justice).
       (2) An offense under section 922a, 923, or 923a of title 
     10, United States Code (articles 122a, 123, and 123a of the 
     Uniform Code of Military Justice).
       (3) An offense under section 933 or 934 of title 10, United 
     States Code (articles 133 and 134 of the Uniform Code of 
     Military Justice).
       (4) A conspiracy to commit an offense specified in 
     paragraphs (1) through (3) as punishable under section 881 of 
     title 10, United States Code (article 81 of the Uniform Code 
     of Military Justice).
       (5) A solicitation to commit an offense specified in 
     paragraphs (1) through (3) as punishable under section 882 of 
     title 10, United States Code (article 82 of the Uniform Code 
     of Military Justice).
       (6) An attempt to commit an offense specified in paragraphs 
     (1) through (3) as punishable under section 880 of title 10, 
     United States Code (article 80 of the Uniform Code of 
     Military Justice).
       (d) Requirements and Limitations.--The disposition of 
     charges covered by subsection (a) shall be subject to the 
     following:
       (1) The determination whether to prefer such charges or 
     refer such charges to a court-martial for trial, as 
     applicable, shall be made by a commissioned officer of the 
     Armed Forces designated in accordance with regulations 
     prescribed for purposes of this subsection from among 
     commissioned officers of the Armed Forces in grade O-6 or 
     higher who--
       (A) are available for detail as trial counsel under section 
     827 of title 10, United States Code (article 27 of the 
     Uniform Code of Military Justice);
       (B) have significant experience in trials by general or 
     special court-martial; and
       (C) are outside the chain of command of the member subject 
     to such charges.
       (2) Upon a determination under paragraph (1) to refer 
     charges to a court-martial for trial, the officer making that 
     determination shall determine whether to refer such charges 
     for trial by a general court-martial convened under section 
     822 of title 10, United States Code (article 22 of the 
     Uniform Code of Military Justice), or a special court-martial 
     convened under section 823 of title 10, United States Code 
     (article 23 of the Uniform Code of Military Justice).
       (3) A determination under paragraph (1) to prefer charges 
     or refer charges to a court-martial for trial, as applicable, 
     shall cover all known offenses, including lesser included 
     offenses.
       (4) The determination to prefer charges or refer charges to 
     a court-martial for trial, as applicable, under paragraph 
     (1), and the type of court-martial to which to refer under 
     paragraph (2), shall be binding on any applicable convening 
     authority for the referral of such charges.
       (5) The actions of an officer described in paragraph (1) in 
     determining under that paragraph whether or not to prefer 
     charges or refer charges to a court-martial for trial, as 
     applicable, shall be free of unlawful or unauthorized 
     influence or coercion.
       (6) The determination under paragraph (1) not to refer 
     charges to a general or special court-martial for trial shall 
     not operate to terminate or otherwise alter the authority of 
     commanding officers to refer charges for trial by summary 
     court-martial convened under section 824 of title 10, United 
     States Code (article 24 of the Uniform Code of Military 
     Justice), or to impose non-judicial punishment in connection 
     with the conduct covered by such charges as authorized by 
     section 815 of title 10, United States Code (article 15 of 
     the Uniform Code of Military Justice).
       (e) Construction With Charges on Other Offenses.--Nothing 
     in this section shall be construed to alter or affect the 
     preferral, disposition, or referral authority of charges 
     under chapter 47 of title 10, United States Code (the Uniform 
     Code of Military Justice), that allege an offense for which 
     the maximum punishment authorized under that chapter includes 
     confinement for one year or less.
       (f) Policies and Procedures.--
       (1) In general.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall revise policies and procedures as 
     necessary to comply with this section.
       (2) Uniformity.--The General Counsel of the Department of 
     Defense and the General Counsel of the Department of Homeland 
     Security shall jointly review the policies and procedures 
     revised under this subsection in order to ensure that any 
     lack of uniformity in policies and procedures, as so revised, 
     among the military departments and the Department of Homeland 
     Security does not render unconstitutional any policy or 
     procedure, as so revised.
       (g) Manual for Courts-Martial.--The Secretary of Defense 
     shall recommend such changes to the Manual for Courts-Martial 
     as are necessary to ensure compliance with this section.

[[Page S3414]]

  


     SEC. 539B. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE 
                   GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN 
                   OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM 
                   SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR.

       (a) In General.--Subsection (a) of section 822 of title 10, 
     United States Code (article 22 of the Uniform Code of 
     Military Justice), is amended--
       (1) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (2) by inserting after paragraph (7) the following new 
     paragraph (8):
       ``(8) with respect to offenses to which section 539A(a) of 
     the Military Justice Improvement Act of 2020 applies, the 
     officers in the offices established pursuant to section 
     539B(c) of that Act or officers in the grade of O-6 or higher 
     who are assigned such responsibility by the Chief of Staff of 
     the Army, the Chief of Naval Operations, the Chief of Staff 
     of the Air Force, the Commandant of the Marine Corps, or the 
     Commandant of the Coast Guard;''.
       (b) No Exercise by Officers in Chain of Command of Accused 
     or Victim.--Such section (article) is further amended by 
     adding at the end the following new subsection:
       ``(c) An officer specified in subsection (a)(8) may not 
     convene a court-martial under this section if the officer is 
     in the chain of command of the accused or the victim.''.
       (c) Offices of Chiefs of Staff on Courts-Martial.--
       (1) Offices required.--Each Chief of Staff of the Armed 
     Forces or Commandant specified in paragraph (8) of section 
     822(a) of title 10, United States Code (article 22(a) of the 
     Uniform Code of Military Justice), as amended by subsection 
     (a), shall establish an office to do the following:
       (A) To convene general and special courts-martial under 
     sections 822 and 823 of title 10, United States Code 
     (articles 22 and 23 of the Uniform Code of Military Justice), 
     pursuant to paragraph (8) of section 822(a) of title 10, 
     United States Code (article 22(a) of the Uniform Code of 
     Military Justice), as so amended, with respect to offenses to 
     which section 539A(a) applies.
       (B) To detail under section 825 of title 10, United States 
     Code (article 25 of the Uniform Code of Military Justice), 
     members of courts-martial convened as described in 
     subparagraph (A).
       (2) Personnel.--The personnel of each office established 
     under paragraph (1) shall consist of such members of the 
     Armed Forces and civilian personnel of the Department of 
     Defense, or such members of the Coast Guard or civilian 
     personnel of the Department of Homeland Security, as may be 
     detailed or assigned to the office by the Chief of Staff or 
     Commandant concerned. The members and personnel so detailed 
     or assigned, as the case may be, shall be detailed or 
     assigned from personnel billets in existence as of the 
     effective date for this part specified in section 539E.

     SEC. 539C. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND 
                   RESOURCES.

       (a) In General.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall carry out sections 539A and 539B 
     using personnel, funds, and resources otherwise authorized by 
     law.
       (b) No Authorization of Additional Personnel or 
     Resources.--Sections 539A and 539B shall not be construed as 
     authorizations for personnel, personnel billets, or funds for 
     the discharge of the requirements in such sections.

     SEC. 539D. MONITORING AND ASSESSMENT OF MODIFICATION OF 
                   AUTHORITIES BY DEFENSE ADVISORY COMMITTEE ON 
                   INVESTIGATION, PROSECUTION, AND DEFENSE OF 
                   SEXUAL ASSAULT IN THE ARMED FORCES.

       Section 546(c) of the Carl Levin and Howard P. ``Buck'' 
     McKeon National Defense Authorization Act for Fiscal Year 
     2015 (10 U.S.C. 1561 note) is amended--
       (1) in paragraph (1)--
       (A) by striking ``on the investigation'' and inserting ``on 
     the following:
       ``(A) The investigation''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) The implementation and efficacy of sections 539A 
     through 539C of the Military Justice Improvement Act of 2020 
     and the amendments made by such sections.''; and
       (2) in paragraph (2), by striking ``paragraph (1)'' and 
     inserting ``paragraph (1)(A)''.

     SEC. 539E. EFFECTIVE DATE AND APPLICABILITY.

       (a) Effective Date and Applicability.--This part and the 
     amendments made by this part shall take effect 180 days after 
     the date of the enactment of this Act, and shall apply with 
     respect to any allegation of charges of an offense specified 
     in subsection (a) of section 539A, and not excluded under 
     subsection (c) of section 539A, which offense occurs on or 
     after such effective date.
       (b) Revisions of Policies and Procedures.--Any revision of 
     policies and procedures required of the military departments 
     or the Department of Homeland Security as a result of this 
     part and the amendments made by this part shall be completed 
     so as to come into effect together with the coming into 
     effect of this part and the amendments made by this part in 
     accordance with subsection (a).
                                 ______
                                 
  SA 1933. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. NATIONAL BIODEFENSE STRATEGY UPDATES.

       (a) Updated Biodefense Threat Assessment.--
       (1) In general.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, the Secretary of 
     Defense, the Secretary of Agriculture, the Secretary of 
     Health and Human Services, and the Director of National 
     Intelligence, shall--
       (A) conduct an assessment of current and potential 
     biological threats against the United States, both naturally 
     occurring and man-made, either accidental or deliberate, 
     including the potential for catastrophic biological threats 
     on the scale of the COVID-19 pandemic or greater;
       (B) not later than 6 months after the date of enactment of 
     this section, submit the findings of the assessment conducted 
     under subparagraph (A) to the Federal officials described in 
     subsection (b)(1);
       (C) not later than 30 days of the date on which the 
     assessment is submitted under subparagraph (B), conduct a 
     briefing for the appropriate congressional committees on the 
     findings of the assessment;
       (D) update the assessment under subparagraph (A) biennially 
     as appropriate, and provide the findings of such updated 
     assessments to the Federal officials described in subsection 
     (b)(1); and
       (E) conduct briefings for the appropriate congressional 
     committees as needed any time an assessment under this 
     paragraph is updated.
       (2) Classification and format.--Assessments under paragraph 
     (1) shall be submitted in an unclassified format and include 
     a classified annex.
       (b) Updated Implementation Plan for National Biodefense 
     Strategy.--
       (1) In general.--The Secretary of Health and Human 
     Services, the Secretary of Defense, the Secretary of 
     Agriculture, the Secretary of Homeland Security, and all 
     other Departments and agencies with responsibilities for 
     biodefense shall jointly--
       (A) consider the assessment in subsection (a);
       (B) seek input from relevant external stakeholders;
       (C) provide an updated comprehensive Implementation Plan 
     for the National Biodefense Strategy (referred to in this 
     section as the ``Strategy''), under section 1086 of the 
     National Defense Authorization Act for Fiscal Year 2017 (6 
     U.S.C. 104), which shall include--
       (i) short-, medium-, and long-term goals and objectives for 
     executing the Strategy;
       (ii) metrics for meeting each objective of the Strategy;
       (iii) the specific roles and responsibilities of each 
     relevant Federal agency in the execution of the Strategy;
       (iv) a resource plan to staff, support, and sustain efforts 
     to execute the Strategy;
       (v) guidance on the decision-making process for individual 
     agency budgets and for identifying and enforcing enterprise-
     wide decisions and priorities under the Strategy;
       (vi) guidance and methods for analyzing the data collected 
     from relevant agencies, including ensuring that non-Federal 
     resources and capabilities are accounted for in analysis 
     under the Strategy; and
       (vii) guidance for identifying biodefense spending 
     allotments within individual agency budget submissions to the 
     Office of Management and Budget, aligned with the objectives 
     in the Strategy; and
       (D) not later than 1 year after the date of enactment of 
     this section, submit such Implementation Plan to the 
     appropriate congressional committees.
       (2) Classification and format.--Assessments under paragraph 
     (1) shall be submitted in an unclassified format and include 
     a classified annex.
       (c) Portal for Reporting Biodefense Readiness 
     Information.--
       (1) In general.--The Secretary of Health and Human Services 
     shall--
       (A) establish a public-facing website that publishes, and 
     updates on a monthly basis--
       (i) each objective in the Strategy;
       (ii) the specific Federal agencies responsible for meeting 
     each objective;
       (iii) the metrics for each objective; and
       (iv) the previous efforts and current status of efforts to 
     meet each objective, using, at a minimum, the metric 
     described in clause (iii), and including whether or not the 
     objective has been achieved; and
       (B) annually submit to the appropriate congressional 
     committees a report detailing the implementation status of 
     the Strategy.
       (2) Publication of progress.--Each agency with 
     responsibilities within the Strategy shall routinely submit 
     their progress on meeting each objective described in 
     paragraph (1) to the Secretary of Health and Human Services 
     to be published on the website.
       (d) Definition.--In this section, the term ``appropriate 
     congressional committees'' means those committees described 
     in section

[[Page S3415]]

     1086(f) of the National Defense Authorization Act for Fiscal 
     Year 2017 (6 U.S.C. 104(f)).
                                 ______
                                 
  SA 1934. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 7__. LIST OF CRITICAL DRUGS FOR DEPARTMENT OF DEFENSE.

       (a) In General.--Not later than 18 months 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 list of critical drugs for the 
     Department of Defense compiled by the Director of the Defense 
     Logistics Agency, in coordination with the Director of the 
     Defense Health Agency.
       (b) Drug Defined.--In this section, the term ``drug'' has 
     the meaning given that term in section 201 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 321).
                                 ______
                                 
  SA 1935. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 7__. STUDY ON HEALTH READINESS CONTRACTS OF DEPARTMENT 
                   OF DEFENSE TO ASSESS RELIANCE ON FOREIGN 
                   SOURCES OF ACTIVE PHARMACEUTICAL INGREDIENTS, 
                   DRUGS, AND MEDICAL DEVICES.

       (a) Study on Health Readiness Contracts.--Not later than 18 
     months after the date of the enactment of this Act, the 
     Director of the Defense Logistics Agency shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives the results of a study on contracts entered 
     into by the Director relating to health readiness of the 
     Armed Forces to assess--
       (1) the reliance by the Department of Defense on foreign 
     sources of active pharmaceutical ingredients, drugs, and 
     medical devices; and
       (2) the redundancy planning of the Department to mitigate 
     shortages of drugs and medical devices.
       (b) Definitions.-- In this section:
       (1) Drug.--The term ``drug'' has the meaning given that 
     term in section 201 of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 321).
       (2) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in such section 201.
                                 ______
                                 
  SA 1936. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 590 and insert the following:

     SEC. 590. PILOT PROGRAMS ON REMOTE PROVISION BY NATIONAL 
                   GUARD TO STATE GOVERNMENTS AND NATIONAL GUARDS 
                   OF OTHER STATES OF CYBERSECURITY TECHNICAL 
                   ASSISTANCE IN TRAINING, PREPARATION, AND 
                   RESPONSE TO CYBER INCIDENTS.

       (a) Pilot Programs Authorized.--The Secretary of the Army 
     and the Secretary of the Air Force may each, in coordination 
     with the Secretary of Homeland Security and in consultation 
     with the Chief of the National Guard Bureau, conduct a pilot 
     program to assess the feasibility and advisability of the 
     development of a capability within the National Guard through 
     which a National Guard of a State remotely provides State 
     governments and National Guards of other States (whether or 
     not in the same Armed Force as the providing National Guard) 
     with cybersecurity technical assistance in training, 
     preparation, and response to cyber incidents. If such 
     Secretary elects to conduct such a pilot program, such 
     Secretary shall be known as an ``administering Secretary'' 
     for purposes of this section, and any reference in this 
     section to ``the pilot program'' shall be treated as a 
     reference to the pilot program conducted by such Secretary.
       (b) Assessment Prior to Commencement.--For purposes of 
     evaluating existing platforms, technologies, and capabilities 
     under subsection (c), and for establishing eligibility and 
     participation requirements under subsection (d), for purposes 
     of the pilot program, an administering Secretary, in 
     consultation with the Chief of the National Guard Bureau, 
     shall, prior to commencing the pilot program--
       (1) conduct an assessment of--
       (A) existing cyber response capacities of the Army National 
     Guard or Air National Guard, as applicable, in each State; 
     and
       (B) any existing platform, technology, or capability of a 
     National Guard that provides the capability described in 
     subsection (a); and
       (2) determine whether a platform, technology, or capability 
     described in paragraph (1)(B) is suitable for expansion for 
     purposes of the pilot program.
       (c) Elements.--A pilot program under subsection (a) shall 
     include the following:
       (1) A technical capability that enables the National Guard 
     of a State to remotely provide cybersecurity technical 
     assistance to State governments and National Guards of other 
     States, without the need to deploy outside its home State.
       (2) Policies, processes, procedures, and authorities for 
     use of such a capability, including with respect to the 
     following:
       (A) The roles and responsibilities of both requesting and 
     deploying State governments and National Guards with respect 
     to such technical assistance, taking into account the matters 
     specified in subsection (f).
       (B) Necessary updates to the Defense Cyber Incident 
     Coordinating Procedure, or any other applicable Department of 
     Defense instruction, for purposes of implementing the 
     capability.
       (C) Program management and governance structures for 
     deployment and maintenance of the capability.
       (D) Security when performing remote support, including such 
     in matters such as authentication and remote sensing.
       (3) The conduct, in coordination with the Chief of the 
     National Guard Bureau and the Secretary of Homeland Security 
     and in consultation with the Director of the Federal Bureau 
     of Investigation, other Federal agencies, and appropriate 
     non-Federal entities, of at least one exercise to demonstrate 
     the capability, which exercise shall include the following:
       (A) Participation of not fewer than two State governments 
     and their National Guards.
       (B) Circumstances designed to test and validate the 
     policies, processes, procedures, and authorities developed 
     pursuant to paragraph (2).
       (C) An after action review of the exercise.
       (d) Use of Existing Technology.--An administering Secretary 
     may use an existing platform, technology, or capability to 
     provide the capability described in subsection (a) under the 
     pilot program.
       (e) Eligibility and Participation Requirements.--An 
     administering Secretary shall, in consultation with the Chief 
     of the National Guard Bureau, establish requirements with 
     respect to eligibility and participation of State governments 
     and their National Guards in the pilot program.
       (f) Construction With Certain Current Authorities.--
       (1) Command authorities.--Nothing in a pilot program under 
     subsection (a) may be construed as affecting or altering the 
     command authorities otherwise applicable to any unit of the 
     National Guard unit participating in the pilot program.
       (2) Emergency management assistance compact.--Nothing in a 
     pilot program may be construed as affecting or altering any 
     current agreement under the Emergency Management Assistance 
     Compact, or any other State agreements, or as determinative 
     of the future content of any such agreement.
       (g) Evaluation Metrics.--An administering Secretary shall, 
     in consultation with the Chief of the National Guard Bureau 
     and the Secretary of Homeland Security, establish metrics to 
     evaluate the effectiveness of the pilot program.
       (h) Term.--A pilot program under subsection (a) shall 
     terminate on the date that is three years after the date of 
     the commencement of the pilot program.
       (i) Reports.--
       (1) Initial report.--Not later than 180 days after the date 
     of the commencement of the pilot program, the administering 
     Secretary, in coordination with the Secretary of Homeland 
     Security, shall submit to the appropriate committees of 
     Congress a report setting forth a description of the pilot 
     program and such other matters in connection with the pilot 
     program as the Secretary considers appropriate.
       (2) Final report.--Not later than 180 days after the 
     termination of the pilot program, the administering 
     Secretary, in coordination with the Secretary of Homeland 
     Security, shall submit to the appropriate committees of 
     Congress a report on the pilot program. The report shall 
     include the following:
       (A) A description of the pilot program, including any 
     partnerships entered into by the Chief of the National Guard 
     Bureau under the pilot program.
       (B) A summary of the assessment performed prior to the 
     commencement of the pilot program in accordance with 
     subsection (b).
       (C) A summary of the evaluation metrics established in 
     accordance with subsection (g).
       (D) An assessment of the effectiveness of the pilot 
     program, and of the capability described in subsection (a) 
     under the pilot program.
       (E) A description of costs associated with the 
     implementation and conduct of the pilot program.
       (F) A recommendation as to the termination or extension of 
     the pilot program, or

[[Page S3416]]

     the making of the pilot program permanent with an expansion 
     nationwide.
       (G) An estimate of the costs of making the pilot program 
     permanent and expanding it nationwide in accordance with the 
     recommendation in subparagraph (F).
       (H) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     pilot program.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Homeland Security of the House of Representatives.
       (j) State Defined.--In this section, the term ``State'' 
     means each of the several States, the District of Columbia, 
     the Commonwealth of Puerto Rico, American Samoa, Guam, the 
     United States Virgin Islands, and the Commonwealth of the 
     Northern Mariana Islands.
                                 ______
                                 
  SA 1937. Mr. PETERS (for himself and Mr. Johnson) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. AMENDMENTS TO THE PANDEMIC RESPONSE ACCOUNTABILITY 
                   COMMITTEE.

       (a) Appropriations.--Title V of division B of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) is amended, in the matter under the heading 
     ``Pandemic Response Accountability Committee'' under the 
     heading ``INDEPENDENT AGENCIES'', by striking ``funds 
     provided in this Act'' and inserting ``covered funds and the 
     Coronavirus response (as those terms are defined in 
     paragraphs (6) and (7), respectively, of section 15010(a) of 
     this Act), including efforts''.
       (b) Appointment of Chairperson.--Section 15010(c) of 
     division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136) is amended--
       (1) in paragraph (1), by striking ``and (D)'' and inserting 
     ``(D), and (E)''; and
       (2) in paragraph (2)(E), by inserting ``of the Council'' 
     after ``Chairperson''.
       (c) Definition of Covered Funds.--Section 15010(a)(6) of 
     division B of the Coronavirus, Aid, Relief, and Economic 
     Security Act (Public Law 116-136) is amended--
       (1) in subparagraph (A), by striking ``this Act'' and 
     inserting ``notwithstanding section 3, division A or B of 
     this Act''; and
       (2) in subparagraph (D), by striking ``primarily making 
     appropriations'' and inserting ``making appropriations or 
     authorizing Federal spending''.
       (d) Retroactive Reporting on Large Covered Funds.--
       (1) Definitions.--In this subsection, the terms ``agency'' 
     and ``large covered funds'' have the meanings given those 
     terms in section 15011 of division B of the Coronavirus, Aid, 
     Relief, and Economic Security Act (Public Law 116-136).
       (2) Guidance.--
       (A) In general.--Not later than 14 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue guidance for agencies to 
     ensure the collection and timely reporting for the obligation 
     and expenditure of large covered funds under division A of 
     the CARES Act (Public Law 116-136) on and after the date of 
     enactment of that Act.
       (B) Requirement.--The guidance issued under subparagraph 
     (A) shall require that, not later than 120 days after the 
     date of enactment of this Act, agencies shall make all 
     reports required under section 15011 of division B of the 
     CARES Act (Public Law 116-136) relating to large covered 
     funds under division A of such Act that have been expended or 
     obligated during the period beginning on the date of 
     enactment of the CARES Act (Public Law 116-136) and ending on 
     the day before the date of enactment of this Act.
       (C) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the deadlines for reporting under 
     section 15011 of division B of the CARES Act (Public Law 116-
     136) relating to large covered funds that have been expended 
     or obligated under division A or B of such Act on or after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1938. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. OFFICE OF GOVERNMENT ETHICS INFORMATION.

       Section 406 of the Ethics in Government Act of 1978 (5 
     U.S.C. App.) is amended to read as follows:

     ``SEC. 406. TRANSMITTAL OF INFORMATION TO CONGRESS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, including any regulation, upon the request of any 
     committee or subcommittee of Congress, the Director shall 
     transmit to Congress information and views on the functions 
     of, responsibilities of, or other matters relating to the 
     Office of Government Ethics.
       ``(b) Format.--The Director may transmit information and 
     views under subsection (a) by report, testimony, or 
     otherwise.
       ``(c) Without Review.--The Director shall transmit 
     information and views to Congress under subsection (a) 
     without review, clearance, or approval by any administrative 
     authority.''.
                                 ______
                                 
  SA 1939. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. GUIDANCE ON HOW TO PREVENT EXPOSURE TO AND RELEASE 
                   OF PFAS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency, in consultation with the 
     Administrator of the United States Fire Administration, the 
     Administrator of the Environmental Protection Agency, the 
     Director of the National Institute for Occupational Safety 
     and Health, and the heads of any other relevant agencies, 
     shall--
       (1) develop and publish guidance for firefighters and other 
     emergency response personnel on training, education programs, 
     and best practices to--
       (A) reduce the exposure to per- and polyfluoroalkyl 
     substances (commonly referred to as ``PFAS'') from 
     firefighting foam and personal protective equipment; and
       (B) limit or prevent the release of PFAS from firefighting 
     foam into the environment;
       (2) develop and issue guidance to firefighters and other 
     emergency response personnel on alternative foams, personal 
     protective equipment, and other firefighting tools and 
     equipment that do not contain PFAS; and
       (3) create an online public repository, which shall be 
     updated on a regular basis, on tools and best practices for 
     firefighters and other emergency response personnel to 
     reduce, limit, and prevent the release of and exposure to 
     PFAS.
       (b) Required Consultation.--In developing the guidance 
     required under subsection (a), the Administrator of the 
     Federal Emergency Management Agency shall consult with 
     appropriate interested entities, including--
       (1) firefighters and other emergency response personnel, 
     including national fire service and emergency response 
     organizations;
       (2) impacted communities dealing with PFAS contamination;
       (3) scientists, including public and occupational health 
     and safety experts, who are studying PFAS and PFAS 
     alternatives in firefighting foam;
       (4) voluntary standards organizations engaged in developing 
     standards for firefighter and firefighting equipment;
       (5) State fire training academies;
       (6) State fire marshals;
       (7) manufacturers of firefighting tools and equipment; and
       (8) any other relevant entities, as determined by the 
     Administrator of the Federal Emergency Management Agency and 
     the Administrator of the United States Fire Administration.
       (c) Review of Guidance.--Not later than 3 years after the 
     date on which the guidance required under subsection (a) is 
     issued, and not less frequently than once every 2 years 
     thereafter, the Administrator of the Federal Emergency 
     Management Agency, in consultation with the Administrator of 
     the United States Fire Administration, the Administrator of 
     the Environmental Protection Agency, and the Director of the 
     National Institute for Occupational Safety and Health, shall 
     review the guidance and, as appropriate, issue updates to the 
     guidance.
       (d) Applicability of FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to this section.
                                 ______
                                 
  SA 1940. Ms. ROSEN (for herself and Ms. Ernst) submitted an amendment 
intended to be proposed by her to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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:

[[Page S3417]]

  


     SEC. ___. SMALL BUSINESS LOANS FOR NONPROFIT CHILD CARE 
                   PROVIDERS.

       Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) 
     is amended by adding at the end the following:
       ``(10) Nonprofit child care providers.--
       ``(A) Definition.--In this paragraph, the term `covered 
     nonprofit child care provider' means an organization--
       ``(i) that--

       ``(I) is in compliance with licensing requirements for 
     child care providers of the State in which the organization 
     is located;
       ``(II) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code; and
       ``(III) is primarily engaged in providing child care for 
     children from birth to compulsory school age;

       ``(ii) for which each employee and regular volunteer 
     complies with the criminal background check requirements 
     under section 658H(b) of the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858f(b)); and
       ``(iii) that may--

       ``(I) provide care for school-age children outside of 
     school hours or outside of the school year; or
       ``(II) offer preschool or prekindergarten educational 
     programs.

       ``(B) Eligibility for loan programs.--Notwithstanding any 
     other provision of this subsection, a covered nonprofit child 
     care provider shall be deemed to be a small business concern 
     for purposes of any program under this Act or the Small 
     Business Investment Act of 1958 (15 U.S.C. 661 et seq.) under 
     which--
       ``(i) the Administrator may make loans to small business 
     concerns;
       ``(ii) the Administrator may guarantee timely payment of 
     loans to small business concerns; or
       ``(iii) the recipient of a loan made or guaranteed by the 
     Administrator may make loans to small business concerns.''.
                                 ______
                                 
  SA 1941. Ms. KLOBUCHAR (for herself, Mr. Rounds, Ms. Duckworth, Mr. 
Sullivan, Mr. Coons, Mrs. Gillibrand, Mrs. Shaheen, Mr. Menendez, Mrs. 
Blackburn, Ms. Warren, and Mr. Booker) submitted an amendment intended 
to be proposed by her to the bill S. 4049, to authorize appropriations 
for fiscal year 2021 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, 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. 7__. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE 
                   CHEMICALS OR OTHER AIRBORNE CONTAMINANTS AS 
                   PART OF HEALTH ASSESSMENTS FOR MEMBERS OF THE 
                   ARMED FORCES AND VETERANS DURING A PANDEMIC AND 
                   INCLUSION OF INFORMATION IN REGISTRY.

       (a) Health Assessment.--The Secretary of Defense and 
     Secretary of Veterans Affairs shall ensure that the first 
     health assessment conducted for a member of the Armed Forces 
     or veteran after the individual tested positive for a virus 
     certified by the Federal government as a pandemic includes an 
     evaluation of whether the individual has been--
       (1) based or stationed at a location where an open burn pit 
     was used; or
       (2) exposed to toxic airborne chemicals or other airborne 
     contaminants relating to service in the Armed Forces, 
     including an evaluation of any information recorded as part 
     of the Airborne Hazards and Open Burn Pit Registry.
       (b) Inclusion of Individuals in Registry.--If an evaluation 
     conducted under subsection (a) with respect to an individual 
     establishes that the individual was based or stationed at a 
     location where an open burn pit was used, or that the 
     individual was exposed to toxic airborne chemicals or other 
     airborne contaminants, the individual shall be enrolled in 
     the Airborne Hazards and Open Burn Pit Registry unless the 
     member elects to not enroll in such registry.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to preclude eligibility of a veteran for benefits 
     under the laws administered by the Secretary of Veterans 
     Affairs by reason of the history of exposure of the veteran 
     to an open burn pit not being recorded in an evaluation 
     conducted under subsection (a).
       (d) Definitions.--In this section:
       (1) Airborne hazards and open burn pit registry.--The term 
     ``Airborne Hazards and Open Burn Pit Registry'' means the 
     registry established by the Secretary of Veterans Affairs 
     under section 201 of the Dignified Burial and Other Veterans' 
     Benefits Improvement Act of 2012 (Public Law 112-260; 38 
     U.S.C. 527 note).
       (2) Open burn pit.--The term ``open burn pit'' has the 
     meaning given that term in section 201(c) of the Dignified 
     Burial and Other Veterans' Benefits Improvement Act of 2012 
     (Public Law 112-260; 38 U.S.C. 527 note).

     SEC. 7__. STUDY ON IMPACT OF VIRAL PANDEMICS ON MEMBERS OF 
                   ARMED FORCES AND VETERANS WHO HAVE EXPERIENCED 
                   TOXIC EXPOSURE.

       (a) In General.--The Secretary of Veterans Affairs shall 
     conduct a study, through the Airborne Hazards and Burn Pits 
     Center of Excellence (in this section referred to as the 
     ``Center''), on the health impacts of infection with a virus 
     designated as a global pandemic, including a coronavirus, to 
     members of the Armed Forces and veterans who have been 
     exposed to open burn pits and other toxic exposures for the 
     purposes of understanding the health impacts of the virus and 
     whether individuals infected with the virus are at increased 
     risk of severe symptoms due to previous conditions linked to 
     toxic exposure.
       (b) Preparation for Future Pandemic.--The Secretary, 
     through the Center, shall analyze potential lessons learned 
     through the study conducted under subsection (a) to assist in 
     preparing the Department of Veterans Affairs for potential 
     future pandemics.
       (c) Definitions.--In this section:
       (1) Coronavirus.--The term ``coronavirus'' has the meaning 
     given that term in section 506 of the Coronavirus 
     Preparedness and Response Supplemental Appropriations Act, 
     2020 (Public Law 116-123).
       (2) Open burn pit.--The term ``open burn pit'' has the 
     meaning given that term in section 201(c) of the Dignified 
     Burial and Other Veterans' Benefits Improvement Act of 2012 
     (Public Law 112-260; 38 U.S.C. 527 note).
                                 ______
                                 
  SA 1942. Ms. KLOBUCHAR (for herself, Mr. Tillis, Ms. Sinema, and Mr. 
Jones) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 10__. IMPROVEMENT OF HEALTH CARE SERVICES PROVIDED TO 
                   NEWBORN CHILDREN BY DEPARTMENT OF VETERANS 
                   AFFAIRS.

       Section 1786 of title 38, United States Code, is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``seven days'' and inserting ``14 days''; 
     and
       (2) by adding at the end the following new subsection:
       ``(c) Annual Report.--Not later than 31 days after the end 
     of each fiscal year, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report on the health care services provided 
     under subsection (a) during such fiscal year, including the 
     number of newborn children who received such services during 
     such fiscal year.''.
                                 ______
                                 
  SA 1943. Ms. KLOBUCHAR (for herself, Mr. Tillis, and Mr. Booker) 
submitted an amendment intended to be proposed by her to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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 X, add the following:

     SEC. 10__. AUTHORIZATION OF APPROPRIATIONS FOR AIRBORNE 
                   HAZARDS AND BURN PITS CENTER OF EXCELLENCE OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       There is authorized to be appropriated to the Secretary of 
     Veterans Affairs to carry out the Airborne Hazards and Burn 
     Pits Center of Excellence of the Department of Veterans 
     Affairs $5,000,000 for each of fiscal years 2021 through 
     2025.
                                 ______
                                 
  SA 1944. Ms. KLOBUCHAR (for herself and Mr. Tillis) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. DECREASE IN REQUIRED DISTANCE AWAY FROM HOME FOR 
                   ABOVE-THE-LINE DEDUCTION FOR TRAVEL EXPENSES OF 
                   MEMBERS OF A RESERVE COMPONENT OF THE ARMED 
                   FORCES.

       (a) In General.--Section 62(a)(2)(E) of the Internal 
     Revenue Code of 1986 is amended by striking ``100 miles'' and 
     inserting ``50 miles''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.
                                 ______
                                 
  SA 1945. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department

[[Page S3418]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                    DIVISION _--SAFE ACT PROVISIONS

     SEC. 100. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Securing America's Federal Elections Act'' or the ``SAFE 
     Act''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

                    DIVISION _--SAFE ACT PROVISIONS

Sec. 100. Short title; table of contents.

         TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE

         Subtitle A--Voting System Security Improvement Grants

   PART 1--Promoting Accuracy, Integrity, and Security Through Voter-
                   Verifiable Permanent Paper Ballot

Sec. 101. Short title.
Sec. 102. Paper ballot and manual counting requirements.
Sec. 103. Accessibility and ballot verification for individuals with 
              disabilities.
Sec. 104. Durability and readability requirements for ballots.
Sec. 105. Paper ballot printing requirements.
Sec. 106. Updated study and report on optimal ballot design.
Sec. 107. Effective date for new requirements.

                PART 2--Grants To Carry Out Improvements

Sec. 111. Grants for obtaining compliant paper ballot voting systems 
              and carrying out voting system security improvements.
Sec. 112. Grants for accessible ballot marking devices.
Sec. 113. Grants for ballot design and printing.
Sec. 114. Coordination of voting system security activities with use of 
              requirements payments and election administration 
              requirements under Help America Vote Act of 2002.
Sec. 115. Incorporation of definitions.

                    Subtitle B--Risk-Limiting Audits

Sec. 121. Risk-limiting audits.
Sec. 122. Funding for conducting post-election risk-limiting audits.
Sec. 123. GAO analysis of effects of audits.

  TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION 
                             ADMINISTRATION

Sec. 201. Cybersecurity requirements for and testing and certification 
              of voting systems.
Sec. 202. Voting system cybersecurity requirements.
Sec. 203. Testing of existing voting systems to ensure compliance with 
              election cybersecurity guidelines and other guidelines.
Sec. 204. Requiring use of software and hardware for which information 
              is disclosed by manufacturer.
Sec. 205. Treatment of electronic poll books as part of voting systems.
Sec. 206. Pre-election reports on voting system usage.
Sec. 207. Streamlining collection of election information.

  TITLE III--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES

Sec. 301. Use of voting machines manufactured in the United States.

                         TITLE IV--SEVERABILITY

Sec. 401. Severability.

         TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE

         Subtitle A--Voting System Security Improvement Grants

   PART 1--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
                   VERIFIABLE PERMANENT PAPER BALLOT

     SEC. 101. SHORT TITLE.

       This subtitle may be cited as the ``Voter Confidence and 
     Increased Accessibility Act of 2020''.

     SEC. 102. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

       (a) In General.--Section 301(a)(2) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as 
     follows:
       ``(2) Paper ballot requirement.--
       ``(A) Voter-verifiable paper ballots.--
       ``(i) Paper ballot requirement.--

       ``(I) In general.--The voting system shall require the use 
     of an individual, durable, voter-verifiable paper ballot of 
     the voter's vote selections that shall be marked and made 
     available for inspection and verification by the voter before 
     the voter's ballot is cast and counted. For purposes of this 
     subclause, the term `individual, durable, voter-verifiable 
     paper ballot' means a paper ballot marked by the voter by 
     hand or a paper ballot marked through the use of a 
     nontabulating ballot marking device, so long as the voter 
     shall have the option to mark his or her ballot by hand.
       ``(II) Requirements for ballot marking devices.--Except as 
     required to meet the accessibility requirements under 
     paragraph (3), in the case of a ballot marking device--

       ``(aa) the printed or marked paper ballot shall be 
     presented to the voter for physical inspection and 
     verification before the ballot is counted and preserved in 
     accordance with clause (ii);
       ``(bb) the paper ballot shall be printed or marked in such 
     a way that vote selections, including all vote selections 
     scanned by ballot tabulation devices, can be inspected and 
     verified by the voter without training or instruction or 
     audited by election officials without the aid of any machine 
     or other equipment; and
       ``(cc) the ballot marking device shall be designed and 
     built in a manner in which it is mechanically impossible for 
     the device to add or change the vote selections on a printed 
     or marked ballot at any time after the ballot has been 
     presented to the voter for inspection and verification under 
     item (aa).

       ``(III) Confidentiality.--The voting system shall not 
     preserve or mark the individual, durable, voter-verifiable 
     paper ballots in any manner that makes it possible, at any 
     time after the ballot has been cast, to associate a voter 
     with the record of the voter's vote selections without the 
     voter's consent.

       ``(ii) Preservation as official record.--The individual, 
     durable, voter-verifiable paper ballot used in accordance 
     with clause (i) shall constitute the official ballot and 
     shall be preserved and used as the official ballot for 
     purposes of any recount or audit conducted with respect to 
     any election for Federal office in which the voting system is 
     used.
       ``(iii) Manual counting requirements for recounts.--

       ``(I) Each paper ballot used pursuant to clause (i) shall 
     be counted by hand in any recount conducted with respect to 
     any election for Federal office.
       ``(II) In the event of any inconsistencies or 
     irregularities between any electronic vote tallies and the 
     vote tallies determined by counting by hand the individual, 
     durable, voter-verifiable paper ballots used pursuant to 
     clause (i), and subject to subparagraph (B), the individual, 
     durable, voter-verifiable paper ballots shall be the true and 
     correct record of the votes cast.

       ``(iv) Application to all ballots.--The requirements of 
     this subparagraph shall apply to all ballots cast in 
     elections for Federal office, including ballots cast by 
     absent uniformed services voters and overseas voters under 
     the Uniformed and Overseas Citizens Absentee Voting Act and 
     other absentee voters.
       ``(B) Special rule for treatment of disputes when paper 
     ballots have been shown to be compromised.--
       ``(i) In general.--In the event that--

       ``(I) there is any inconsistency between any electronic 
     vote tallies and the vote tallies determined by counting by 
     hand the individual, durable, voter-verifiable paper ballots 
     used pursuant to subparagraph (A)(i) with respect to any 
     election for Federal office; and
       ``(II) it is demonstrated by clear and convincing evidence 
     (as determined in accordance with the applicable standards in 
     the jurisdiction involved) in any recount, audit, or contest 
     of the result of the election that the paper ballots have 
     been compromised (by damage or mischief or otherwise) and 
     that a sufficient number of the ballots have been so 
     compromised that the result of the election could be changed,

     the determination of the appropriate remedy with respect to 
     the election shall be made in accordance with applicable 
     State and Federal law, except that the electronic tally shall 
     not be used as the exclusive basis for determining the 
     official certified result.
       ``(ii) Rule for consideration of ballots associated with 
     each voting machine.--For purposes of clause (i), only the 
     paper ballots deemed compromised, if any, shall be considered 
     in the calculation of whether or not the result of the 
     election could be changed due to the compromised paper 
     ballots.''.
       (b) Conforming Amendment Clarifying Applicability of 
     Alternative Language Accessibility.--Section 301(a)(4) of 
     such Act (52 U.S.C. 21081(a)(4)) is amended by inserting 
     ``(including the paper ballots required to be used under 
     paragraph (2))'' after ``voting system''.
       (c) Other Conforming Amendments.--Section 301(a)(1) of such 
     Act (52 U.S.C. 21081(a)(1)) is amended--
       (1) in subparagraph (A)(i), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)'';
       (2) in subparagraph (A)(ii), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)'';
       (3) in subparagraph (A)(iii), by striking ``counted'' each 
     place it appears and inserting ``counted, in accordance with 
     paragraphs (2) and (3)''; and
       (4) in subparagraph (B)(ii), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)''.

     SEC. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR 
                   INDIVIDUALS WITH DISABILITIES.

       (a) In General.--Section 301(a)(3)(B) of the Help America 
     Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to 
     read as follows:
       ``(B)(i) ensure that individuals with disabilities and 
     others are given an equivalent opportunity to vote, including 
     with privacy and independence, in a manner that produces a 
     voter-verifiable paper ballot as for other voters;
       ``(ii) satisfy the requirement of subparagraph (A) through 
     the use of as many ballot

[[Page S3419]]

     marking devices at each polling place as necessary (but not 
     less than 1) to reasonably accommodate the number of voters 
     with accessibility needs expected to vote at the polling 
     place) that--
       ``(I) is equipped for individuals with disabilities, 
     including nonvisual and enhanced visual accessibility for the 
     blind and visually impaired and nonmanual and enhanced manual 
     accessibility for the mobility and dexterity impaired;
       ``(II) in the case of any election for Federal office 
     occurring after the date that is 6 years after the date of 
     the enactment of the Securing America's Federal Elections 
     Act--

       ``(aa) marks ballots that are identical in size, ink, and 
     paper stock to those ballots that would either be marked by 
     hand or be marked by a ballot marking device made generally 
     available to voters; and
       ``(bb) combines ballots produced by any ballot marking 
     devices reserved for individuals with disabilities with 
     ballots that have either been marked by voters by hand or 
     marked by ballot marking devices made generally available to 
     voters, in a way that prevents identification of the ballots 
     that were cast using any ballot marking device that was 
     reserved for individuals with disabilities; and

       ``(III) is made available for use by any voter who requests 
     to use it; and
       ``(iii) in the case of any election for Federal office 
     occurring after the date that is 6 years after the date of 
     the enactment of the Securing America's Federal Elections 
     Act, meet the requirements of subparagraph (A) and paragraph 
     (2)(A) by using a system that--
       ``(I) allows the voter to privately and independently 
     verify the accuracy of the permanent paper ballot through the 
     presentation, in accessible form, of the printed or marked 
     vote selections from the same printed or marked information 
     that would be used for any vote tabulation or auditing; and
       ``(II) allows the voter to privately and independently 
     verify and cast the permanent paper ballot without requiring 
     the voter to manually handle the paper ballot; and''.
       (b) Clarification With Respect to Application of 
     Requirement to Ballots Marked at Home.--Section 301(a)(3) of 
     such Act (52 U.S.C. 21081(a)(3)) is amended by adding at the 
     end the following new flush sentence:
     ``Nothing in subparagraph (B) shall be construed to prohibit 
     the use of an accessible ballot that may be printed or marked 
     by the voter at home.''.
       (c) Requirement for Poll Workers To Inform Votes of 
     Accessible Voting Systems.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (52 U.S.C. 21081 et seq.) is amended by inserting after 
     section 301 the following new section:

     ``SEC. 301A. INFORMATION ON ACCESSIBLE VOTING SYSTEMS.

       ``(a) In General.--Every individual who votes in person in 
     an election for Federal office shall be informed by the 
     individual administering such election of--
       ``(1) the availability of accessible voting systems under 
     section 301(a)(3)(B); and
       ``(2) the right of the individual to use such voting 
     systems upon request.
       ``(b) Effective Date.--The requirements of this section 
     shall apply to elections for Federal office held in 2021 or 
     any succeeding year.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     301 the following new item:

``Sec. 301A. Information on accessible voting systems.''.
       (3) Conforming amendment relating to enforcement.--Section 
     401 of such Act (52 U.S.C. 21111) is amended by striking 
     ``sections 301, 302, and 303'' and inserting ``subtitle A of 
     title III''.
       (d) Specific Requirement of Study, Testing, and Development 
     of Accessible Paper Ballot Verification Mechanisms.--
       (1) Study and reporting.--Subtitle C of title II of such 
     Act (52 U.S.C. 21081 et seq.) is amended--
       (A) by redesignating section 247 as section 248; and
       (B) by inserting after section 246 the following new 
     section:

     ``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT 
                   VERIFICATION MECHANISMS.

       ``(a) Study and Report.--The Director of the National 
     Science Foundation shall make grants to not fewer than three 
     eligible entities to study, test, and develop accessible 
     paper ballot voting, verification, and casting mechanisms and 
     devices and best practices to enhance the accessibility of 
     paper ballot voting and verification mechanisms for 
     individuals with disabilities, for voters whose primary 
     language is not English, and for voters with difficulties in 
     literacy, including best practices for the mechanisms 
     themselves and the processes through which the mechanisms are 
     used.
       ``(b) Eligibility.--An entity is eligible to receive a 
     grant under this part if it submits to the Director (at such 
     time and in such form as the Director may require) an 
     application containing--
       ``(1) certifications that the entity shall specifically 
     investigate enhanced methods or devices, including non-
     electronic devices, that will assist such individuals and 
     voters in marking voter-verifiable paper ballots and 
     presenting or transmitting the information printed or marked 
     on such ballots back to such individuals and voters, and 
     casting such ballots;
       ``(2) a certification that the entity shall complete the 
     activities carried out with the grant not later than December 
     31, 2021; and
       ``(3) such other information and certifications as the 
     Director may require.
       ``(c) Availability of Technology.--Any technology developed 
     with the grants made under this section shall be treated as 
     non-proprietary and shall be made available to the public, 
     including to manufacturers of voting systems.
       ``(d) Coordination With Grants for Technology 
     Improvements.--The Director shall carry out this section so 
     that the activities carried out with the grants made under 
     subsection (a) are coordinated with the research conducted 
     under the grant program carried out by the Commission under 
     section 271, to the extent that the Director and Commission 
     determine necessary to provide for the advancement of 
     accessible voting technology.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (a) $5,000,000, to 
     remain available until expended.''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended--
       (A) by redesignating the item relating to section 247 as 
     relating to section 248; and
       (B) by inserting after the item relating to section 246 the 
     following new item:

``Sec. 247. Study and report on accessible paper ballot verification 
              mechanisms.''.
       (e) Clarification of Accessibility Standards Under 
     Voluntary Voting System Guidance.--In adopting any voluntary 
     guidance under subtitle B of title III of the Help America 
     Vote Act with respect to the accessibility of the paper 
     ballot verification requirements for individuals with 
     disabilities, the Election Assistance Commission shall 
     include and apply the same accessibility standards applicable 
     under the voluntary guidance adopted for accessible voting 
     systems under such subtitle.
       (f) Permitting Use of Funds for Protection and Advocacy 
     Systems To Support Actions To Enforce Election-Related 
     Disability Access.--Section 292(a) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``; 
     except that'' and all that follows and inserting a period.

     SEC. 104. DURABILITY AND READABILITY REQUIREMENTS FOR 
                   BALLOTS.

       Section 301(a) of the Help America Vote Act of 2002 (52 
     U.S.C. 21081(a)) is amended by adding at the end the 
     following new paragraph:
       ``(7) Durability and readability requirements for 
     ballots.--
       ``(A) Durability requirements for paper ballots.--
       ``(i) In general.--All voter-verifiable paper ballots 
     required to be used under this Act shall be marked or printed 
     on durable paper.
       ``(ii) Definition.--For purposes of this Act, paper is 
     `durable' if it is capable of withstanding multiple counts 
     and recounts by hand without compromising the fundamental 
     integrity of the ballots, and capable of retaining the 
     information marked or printed on them for the full duration 
     of a retention and preservation period of 22 months.
       ``(B) Readability requirements for paper ballots marked by 
     ballot marking device.--All voter-verifiable paper ballots 
     completed by the voter through the use of a ballot marking 
     device shall be clearly readable by the voter without 
     assistance (other than eyeglasses or other personal vision 
     enhancing devices) and by a ballot tabulation device or other 
     device equipped for individuals with disabilities.''.

     SEC. 105. PAPER BALLOT PRINTING REQUIREMENTS.

       (a) Requiring Paper Ballots To Be Printed on Recycled Paper 
     Manufactured in United States.--Section 301(a) of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by 
     section 104, is amended by adding at the end the following 
     new paragraph:
       ``(8) Printing requirements for ballots.--
       ``(A) In general.--All paper ballots used in an election 
     for Federal office shall be printed in the United States on 
     recycled paper manufactured in the United States.
       ``(B) Exception.--If a State or jurisdiction that certifies 
     to the Commission that some or all of the ballot marking 
     devices or ballot tabulation devices used in the State or 
     jurisdiction in Federal elections cannot process or retain 
     ballots printed on recycled paper, subparagraph (A) shall be 
     applied to such State or jurisdiction without regard to 
     whether the ballot is printed on recycled paper for any 
     election for Federal office during the period beginning on 
     the date that is 60 days after such certification is made and 
     ending on the first date on which the State or jurisdiction 
     replaces such ballot marking devices or ballot tabulation 
     devices.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to elections occurring on or after 
     January 1, 2022.

     SEC. 106. UPDATED STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

       (a) Study.--The Election Assistance Commission shall update 
     any studies conducted on ballot designs under section 241 of 
     the Help America Vote Act of 2002 (52 U.S.C. 20981). The 
     updated study shall include--
       (1) designs for paper ballots and electronic or digital 
     ballots, including designs for user interfaces the primary 
     purpose of which is to assist in the casting of electronic or 
     digital ballots; and

[[Page S3420]]

       (2) designs to minimize confusion and user errors.
       (b) Report.--Not later than January 1, 2021, the Commission 
     shall submit the report required to be submitted under 
     section 241(c) of the Help America Vote Act of 2002 (52 
     U.S.C. 20981(c)) on the study conducted under subsection (a).

     SEC. 107. EFFECTIVE DATE FOR NEW REQUIREMENTS.

       Section 301(d) of the Help America Vote Act of 2002 (52 
     U.S.C. 21081(d)) is amended to read as follows:
       ``(d) Effective Date.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State and jurisdiction shall be required to comply with 
     the requirements of this section on and after January 1, 
     2006.
       ``(2) Special rule for certain requirements.--
       ``(A) In general.--Except as provided in section 105(b) of 
     the Securing America's Federal Elections Act, clauses 
     (ii)(II) and (iii) of subsection (a)(3)(B), and subparagraphs 
     (B) and (C), the requirements of this section which are first 
     imposed on a State and jurisdiction pursuant to the 
     amendments made by such Act shall apply with respect to 
     voting systems used for any election for Federal office held 
     in 2021 or any succeeding year.
       ``(B) Delay for jurisdictions using certain paper record 
     printers or certain systems using or producing voter-
     verifiable paper records in 2018.--
       ``(i) Delay.--In the case of a jurisdiction described in 
     clause (ii), subparagraph (A) shall apply to a voting system 
     in the jurisdiction as if the reference in such subparagraph 
     to `2021' were a reference to `2022', but only with respect 
     to the following requirements of this section:

       ``(I) Paragraph (2)(A)(i)(I) or (II) of subsection (a) 
     (relating to the use of voter-verifiable paper ballots).
       ``(II) Paragraph (7) of subsection (a) (relating to 
     durability and readability requirements for ballots).

       ``(ii) Jurisdictions described.--A jurisdiction described 
     in this clause is a jurisdiction--

       ``(I) which used voter-verifiable paper record printers 
     attached to direct recording electronic voting machines, or 
     which used other voting systems that used or produced paper 
     records of the vote selections verifiable by voters but that 
     are not in compliance with paragraphs (2)(A)(i)(I), 
     (2)(A)(i)(II), and (7) of subsection (a) (as amended or added 
     by the Securing America's Federal Elections Act), for the 
     administration of the regularly scheduled general election 
     for Federal office held in November 2018; and
       ``(II) which will continue to use such printers or systems 
     for the administration of elections for Federal office held 
     in years before 2022.

       ``(iii) Mandatory availability of paper ballots at polling 
     places using grandfathered printers and systems.--

       ``(I) Requiring ballots to be offered and provided.--The 
     appropriate election official at each polling place that uses 
     a printer or system described in clause (ii)(I) for the 
     administration of elections for Federal office shall offer 
     each individual who is eligible to cast a vote in the 
     election at the polling place the opportunity to cast the 
     vote using a blank paper ballot which the individual may mark 
     by hand. The official shall provide the individual with the 
     ballot and the supplies necessary to mark the ballot, and 
     shall ensure (to the greatest extent practicable) that the 
     waiting period for the individual to cast a vote is the 
     lesser of 30 minutes or the average waiting period for an 
     individual who does not agree to cast the vote using such a 
     paper ballot under this clause.
       ``(II) Treatment of ballot.--Any paper ballot which is cast 
     by an individual under this clause shall be counted and 
     otherwise treated as a regular ballot for all purposes 
     (including by incorporating it into the final unofficial vote 
     count (as defined by the State) for the precinct) and not as 
     a provisional ballot, unless the individual casting the 
     ballot would have otherwise been required to cast a 
     provisional ballot.
       ``(III) Posting of notice.--The appropriate election 
     official shall ensure there is prominently displayed at each 
     polling place a notice that describes the obligation of the 
     official to offer individuals the opportunity to cast votes 
     using a blank paper ballot.
       ``(IV) Training of election officials.--The chief State 
     election official shall ensure that election officials at 
     polling places in the State are aware of the requirements of 
     this clause, including the requirement to display a notice 
     under subclause (III), and are aware that it is a violation 
     of the requirements of this title for an election official to 
     fail to offer an individual the opportunity to cast a vote 
     using a blank paper ballot.
       ``(V) Period of applicability.--The requirements of this 
     clause apply only during the period in which the delay is in 
     effect under clause (i).''.

                PART 2--GRANTS TO CARRY OUT IMPROVEMENTS

     SEC. 111. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING 
                   SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY 
                   IMPROVEMENTS.

       (a) Availability of Grants.--Subtitle D of title II of the 
     Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is 
     amended by adding at the end the following new part:

 ``PART 7--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
          AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

     ``SEC. 297. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT 
                   VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM 
                   SECURITY IMPROVEMENTS.

       ``(a) Availability and Use of Grant.--The Commission shall 
     make a grant to each eligible State--
       ``(1) to replace a voting system--
       ``(A) which does not meet the requirements which are first 
     imposed on the State pursuant to the amendments made by the 
     Securing America's Federal Elections Act with a voting system 
     which does meet such requirements, for use in elections for 
     Federal office held in 2021; or
       ``(B) which does meet such requirements but which is not in 
     compliance with the most recent voluntary voting system 
     guidelines issued by the Commission prior to elections for 
     Federal office held in 2021 with another system which does 
     meet such requirements and is in compliance with such 
     guidelines; and
       ``(2) to carry out voting system security improvements 
     described in section 297A with respect to elections for 
     Federal office held in 2021 and each succeeding year.
       ``(b) Amount of Grant.--The amount of a grant made to a 
     State under this section shall be such amount as the 
     Commission determines to be appropriate, except that such 
     amount may not be less than the product of $1 and the average 
     of the number of individuals who cast votes in any of the two 
     most recent regularly scheduled general elections for Federal 
     office held in the State.
       ``(c) Pro Rata Reductions.--If the amount of funds 
     appropriated for grants under this part is insufficient to 
     ensure that each State receives the amount of the grant 
     calculated under subsection (b), the Commission shall make 
     such pro rata reductions in such amounts as may be necessary 
     to ensure that the entire amount appropriated under this part 
     is distributed to the States.
       ``(d) Surplus Appropriations.--If the amount of funds 
     appropriated for grants authorized under section 297D(a)(2) 
     exceed the amount necessary to meet the requirements of 
     subsection (b), the Commission shall consider the following 
     in making a determination to award remaining funds to a 
     State:
       ``(1) The record of the State in carrying out the following 
     with respect to the administration of elections for Federal 
     office:
       ``(A) Providing voting machines that are less than 10 years 
     old.
       ``(B) Implementing strong chain of custody procedures for 
     the physical security of voting equipment and paper records 
     at all stages of the process.
       ``(C) Conducting pre-election testing on every voting 
     machine and ensuring that paper ballots are available 
     wherever electronic machines are used.
       ``(D) Maintaining offline backups of voter registration 
     lists.
       ``(E) Providing a secure voter registration database that 
     logs requests submitted to the database.
       ``(F) Publishing and enforcing a policy detailing use 
     limitations and security safeguards to protect the personal 
     information of voters in the voter registration process.
       ``(G) Providing secure processes and procedures for 
     reporting vote tallies.
       ``(H) Providing a secure platform for disseminating vote 
     totals.
       ``(2) Evidence of established conditions of innovation and 
     reform in providing voting system security and the proposed 
     plan of the State for implementing additional conditions.
       ``(3) Evidence of collaboration between relevant 
     stakeholders, including local election officials, in 
     developing the grant implementation plan described in section 
     297B.
       ``(4) The plan of the State to conduct a rigorous 
     evaluation of the effectiveness of the activities carried out 
     with the grant.
       ``(e) Ability of Replacement Systems To Administer Ranked 
     Choice Elections.--To the greatest extent practicable, an 
     eligible State which receives a grant to replace a voting 
     system under this section shall ensure that the replacement 
     system is capable of administering a system of ranked choice 
     voting under which each voter shall rank the candidates for 
     the office in the order of the voter's preference.

     ``SEC. 297A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

       ``(a) Permitted Uses.--A voting system security improvement 
     described in this section is any of the following:
       ``(1) The acquisition of goods and services from qualified 
     election infrastructure vendors by purchase, lease, or such 
     other arrangements as may be appropriate.
       ``(2) Cyber and risk mitigation training.
       ``(3) A security risk and vulnerability assessment of the 
     State's election infrastructure which is carried out by a 
     provider of cybersecurity services under a contract entered 
     into between the chief State election official and the 
     provider.
       ``(4) The maintenance of election infrastructure, including 
     addressing risks and vulnerabilities which are identified 
     under either of the security risk and vulnerability 
     assessments described in paragraph (3), except that none of 
     the funds provided under this part may be used to renovate or 
     replace a building or facility which is used primarily for 
     purposes other than the administration of elections for 
     public office.
       ``(5) Providing increased technical support for any 
     information technology infrastructure that the chief State 
     election official

[[Page S3421]]

     deems to be part of the State's election infrastructure or 
     designates as critical to the operation of the State's 
     election infrastructure.
       ``(6) Enhancing the cybersecurity and operations of the 
     information technology infrastructure described in paragraph 
     (4).
       ``(7) Enhancing the cybersecurity of voter registration 
     systems.
       ``(b) Qualified Election Infrastructure Vendors 
     Described.--
       ``(1) In general.--For purposes of this part, a `qualified 
     election infrastructure vendor' is any person who provides, 
     supports, or maintains, or who seeks to provide, support, or 
     maintain, election infrastructure on behalf of a State, unit 
     of local government, or election agency, who meets the 
     criteria described in paragraph (2).
       ``(2) Criteria.--The criteria described in this paragraph 
     are such criteria as the Chairman, in coordination with the 
     Secretary of Homeland Security, shall establish and publish, 
     and shall include each of the following requirements:
       ``(A) The vendor must be owned and controlled by a citizen 
     or permanent resident of the United States.
       ``(B) The vendor must disclose to the Chairman and the 
     Secretary, and to the chief State election official of any 
     State to which the vendor provides any goods and services 
     with funds provided under this part, of any sourcing outside 
     the United States for parts of the election infrastructure.
       ``(C) The vendor agrees to ensure that the election 
     infrastructure will be developed and maintained in a manner 
     that is consistent with the cybersecurity best practices 
     issued by the Technical Guidelines Development Committee.
       ``(D) The vendor agrees to maintain its information 
     technology infrastructure in a manner that is consistent with 
     the cybersecurity best practices issued by the Technical 
     Guidelines Development Committee.
       ``(E) The vendor agrees to meet the requirements of 
     paragraph (3) with respect to any known or suspected 
     cybersecurity incidents involving any of the goods and 
     services provided by the vendor pursuant to a grant under 
     this part.
       ``(F) The vendor agrees to permit independent security 
     testing by the Commission (in accordance with section 231(a)) 
     and by the Secretary of the goods and services provided by 
     the vendor pursuant to a grant under this part.
       ``(3) Cybersecurity incident reporting requirements.--
       ``(A) In general.--A vendor meets the requirements of this 
     paragraph if, upon becoming aware of the possibility that an 
     election cybersecurity incident has occurred involving any of 
     the goods and services provided by the vendor pursuant to a 
     grant under this part--
       ``(i) the vendor promptly assesses whether or not such an 
     incident occurred, and submits a notification meeting the 
     requirements of subparagraph (B) to the Secretary and the 
     Chairman of the assessment as soon as practicable (but in no 
     case later than 3 days after the vendor first becomes aware 
     of the possibility that the incident occurred);
       ``(ii) if the incident involves goods or services provided 
     to an election agency, the vendor submits a notification 
     meeting the requirements of subparagraph (B) to the agency as 
     soon as practicable (but in no case later than 3 days after 
     the vendor first becomes aware of the possibility that the 
     incident occurred), and cooperates with the agency in 
     providing any other necessary notifications relating to the 
     incident; and
       ``(iii) the vendor provides all necessary updates to any 
     notification submitted under clause (i) or clause (ii).
       ``(B) Contents of notifications.--Each notification 
     submitted under clause (i) or clause (ii) of subparagraph (A) 
     shall contain the following information with respect to any 
     election cybersecurity incident covered by the notification:
       ``(i) The date, time, and time zone when the election 
     cybersecurity incident began, if known.
       ``(ii) The date, time, and time zone when the election 
     cybersecurity incident was detected.
       ``(iii) The date, time, and duration of the election 
     cybersecurity incident.
       ``(iv) The circumstances of the election cybersecurity 
     incident, including the specific election infrastructure 
     systems believed to have been accessed and information 
     acquired, if any.
       ``(v) Any planned and implemented technical measures to 
     respond to and recover from the incident.
       ``(vi) In the case of any notification which is an update 
     to a prior notification, any additional material information 
     relating to the incident, including technical data, as it 
     becomes available.

     ``SEC. 297B. ELIGIBILITY OF STATES.

       ``A State is eligible to receive a grant under this part if 
     the State submits to the Commission, at such time and in such 
     form as the Commission may require, an application 
     containing--
       ``(1) a description of how the State will use the grant to 
     carry out the activities authorized under this part;
       ``(2) a certification and assurance that, not later than 5 
     years after receiving the grant, the State will carry out 
     voting system security improvements, as described in section 
     297A; and
       ``(3) such other information and assurances as the 
     Commission may require.

     ``SEC. 297C. REPORTS TO CONGRESS.

       ``Not later than 90 days after the end of each fiscal year, 
     the Commission shall submit a report to the appropriate 
     congressional committees, including the Committees on 
     Homeland Security, House Administration, and the Judiciary of 
     the House of Representatives and the Committees on Homeland 
     Security and Governmental Affairs, the Judiciary, and Rules 
     and Administration of the Senate, on the activities carried 
     out with the funds provided under this part.

     ``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization.--There are authorized to be 
     appropriated for grants under this part--
       ``(1) $600,000,000 for fiscal year 2021; and
       ``(2) $175,000,000 for each of the fiscal years 2022, 2024, 
     2026, and 2028.
       ``(b) Continuing Availability of Amounts.--Any amounts 
     appropriated pursuant to the authorization of this section 
     shall remain available until expended.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by adding at the end of the items relating to 
     subtitle D of title II the following:

 ``Part 7--Grants for Obtaining Compliant Paper Ballot Voting Systems 
          and Carrying Out Voting System Security Improvements

``Sec. 297. Grants for obtaining compliant paper ballot voting systems 
              and carrying out voting system security improvements.
``Sec. 297A. Voting system security improvements described.
``Sec. 297B. Eligibility of States.
``Sec. 297C. Reports to Congress.
``Sec. 297D. Authorization of appropriations.''.

     SEC. 112. GRANTS FOR ACCESSIBLE BALLOT MARKING DEVICES.

       (a) In General.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 
     section 111(a), is amended by adding at the end the following 
     new part:

        ``PART 8--FUNDING FOR ACCESSIBLE BALLOT MARKING DEVICES

     ``SEC. 298. ACQUISITION OF ACCESSIBLE BALLOT MARKING DEVICES 
                   FOR VOTERS WITH DISABILITIES.

       ``(a) In General.--The Commission shall pay to States the 
     amount of eligible accessible ballot marking device costs.
       ``(b) Eligible Accessible Ballot Marking Device Costs.--
       ``(1) In general.--For purposes of this section, the term 
     `eligible accessible ballot marking device costs' means costs 
     paid or incurred by a State or local government to acquire an 
     accessible ballot marking device.
       ``(2) Accessible ballot marking device defined.--For 
     purposes of this section, the term `accessible ballot marking 
     device' means a ballot marking device that is used by the 
     State or local government exclusively to comply with the 
     requirements of section 301(a)(3) (as applied to elections 
     for Federal office occurring after the date that is 6 years 
     after the date of the enactment of the Securing America's 
     Federal Elections Act).
       ``(c) Payments.--
       ``(1) Limitations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Commission shall not pay eligible accessible ballot 
     marking device costs with respect to more than 1 accessible 
     ballot marking device in any precinct.
       ``(B) Exception.--The Commission may pay for more than 1 
     accessible ballot marking device in any precinct if the State 
     demonstrates the need for more accessible ballot marking 
     devices in such precinct due to the number of voters with 
     disabilities voting in such precinct compared to other 
     precincts.
       ``(2) Rules and procedures.--The Commission shall establish 
     rules and procedures for submission of eligible accessible 
     ballot marking device costs for payments under this section.
       ``(3) Insufficient funds.--In any case in which the amounts 
     appropriated under subsection (d) are insufficient to pay all 
     eligible accessible ballot marking device costs submitted by 
     States with respect to any Federal election, the amount of 
     such costs paid under subsection (a) to any State shall be 
     equal to the amount that bears the same ratio to the amount 
     which would be paid to such State (determined without regard 
     to this paragraph) as--
       ``(A) the number of individuals who voted in such Federal 
     election in such State; bears to
       ``(B) the total number of individuals who voted in such 
     Federal election in all States submitting a claim for 
     eligible accessible ballot marking device costs.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There is hereby authorized to be 
     appropriated to the Commission to carry out this section 
     $250,000,000 for fiscal years 2021 through 2027.
       ``(2) Availability.--Any amounts appropriated pursuant to 
     paragraph (1) shall remain available without fiscal year 
     limitation until expended.''.
       (b) Clerical Amendment.--The table of contents for the Help 
     America Vote Act of 2002 (52 U.S.C. 30101 et seq.), as 
     amended by section 111(b), is amended by adding at the end of 
     the items relating to subtitle D of title II the following:

[[Page S3422]]

        ``Part 8--Funding for Accessible Ballot Marking Devices

``Sec. 298. Acquisition of accessible ballot marking devices for voters 
              with disabilities.''.

     SEC. 113. GRANTS FOR BALLOT DESIGN AND PRINTING.

       (a) In General.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 
     sections 111(a) and 112(a), is amended by adding at the end 
     the following new part:

            ``PART 9--FUNDING FOR BALLOT DESIGN AND PRINTING

     ``SEC. 299. PAYMENTS FOR BALLOT DESIGN AND PRINTING.

       ``(a) In General.--The Commission shall pay to States the 
     amount of eligible ballot design and printing costs.
       ``(b) Eligible Design and Printing Costs.--For purposes of 
     this section, the term `eligible ballot design and printing 
     costs' means, with respect to any State, costs paid or 
     incurred by the State or any local government within the 
     State for the design and printing of any ballot that--
       ``(1) is used in an election for Federal office occurring 
     after the date of the enactment of this part; and
       ``(2) meets such minimum standards for usability and 
     accessibility as established by the Commission, in 
     consultation with the Director of the National Institute of 
     Standards and Technology, for purposes of this section.
       ``(c) Special Rules.--
       ``(1) Rules and procedures.--The Commission shall establish 
     rules and procedures for submission of eligible ballot design 
     and printing costs for payments under this section.
       ``(2) Insufficient funds.--In any case in which the amounts 
     appropriated under subsection (d) are insufficient to pay all 
     eligible ballot design and printing costs submitted by States 
     with respect to any Federal election, the amount of such 
     costs paid under subsection (a) to any State shall be equal 
     to the amount that bears the same ratio to the amount which 
     would be paid to such State (determined without regard to 
     this paragraph) as--
       ``(A) the number of individuals who voted in such Federal 
     election in such State; bears to
       ``(B) the total number of individuals who voted in such 
     Federal election in all States submitting a claim for 
     eligible ballot design and printing costs.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There is hereby authorized to be 
     appropriated to the Commission such sums as are necessary to 
     carry out this part.
       ``(2) Availability.--Any amounts appropriated pursuant to 
     paragraph (1) shall remain available without fiscal year 
     limitation until expended.''.
       (b) Clerical Amendment.--The table of contents for the Help 
     America Vote Act of 2002 (52 U.S.C. 30101 et seq.), as 
     amended by sections 111(b) and 112(b), is amended by adding 
     at the end of the items relating to subtitle D of title II 
     the following:

            ``Part 9--Funding for Ballot Design and Printing

``Sec. 299. Payments for ballot design and printing.''.

     SEC. 114. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES 
                   WITH USE OF REQUIREMENTS PAYMENTS AND ELECTION 
                   ADMINISTRATION REQUIREMENTS UNDER HELP AMERICA 
                   VOTE ACT OF 2002.

       (a) Duties of Election Assistance Commission.--Section 202 
     of the Help America Vote Act of 2002 (52 U.S.C. 20922) is 
     amended in the matter preceding paragraph (1) by striking 
     ``by'' and inserting ``and the security of election 
     infrastructure by''.
       (b) Membership of Secretary of Homeland Security on Board 
     of Advisors of Election Assistance Commission.--Section 
     214(a) of such Act (52 U.S.C. 20944(a)) is amended--
       (1) by striking ``37 members'' and inserting ``38 
     members''; and
       (2) by adding at the end the following new paragraph:
       ``(17) The Secretary of Homeland Security or the 
     Secretary's designee.''.
       (c) Representative of Department of Homeland Security on 
     Technical Guidelines Development Committee.--Section 
     221(c)(1) of such Act (52 U.S.C. 20961(c)(1)) is amended--
       (1) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) A representative of the Department of Homeland 
     Security.''.
       (d) Goals of Periodic Studies of Election Administration 
     Issues; Consultation With Secretary of Homeland Security.--
     Section 241(a) of such Act (52 U.S.C. 20981(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``the Commission shall'' and inserting ``the Commission, in 
     consultation with the Secretary of Homeland Security (as 
     appropriate), shall'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by redesignating paragraph (4) as paragraph (5); and
       (4) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) will be secure against attempts to undermine the 
     integrity of election systems by cyber or other means; and''.
       (e) Requirements Payments.--
       (1) Use of payments for voting system security 
     improvements.--Section 251(b) of such Act (52 U.S.C. 
     21001(b)) is amended by adding at the end the following new 
     paragraph:
       ``(4) Permitting use of payments for voting system security 
     improvements.--A State may use a requirements payment to 
     carry out any of the following activities:
       ``(A) Cyber and risk mitigation training.
       ``(B) Providing increased technical support for any 
     information technology infrastructure that the chief State 
     election official deems to be part of the State's election 
     infrastructure or designates as critical to the operation of 
     the State's election infrastructure.
       ``(C) Enhancing the cybersecurity and operations of the 
     information technology infrastructure described in 
     subparagraph (B).
       ``(D) Enhancing the security of voter registration 
     databases.''.
       (2) Incorporation of election infrastructure protection in 
     state plans for use of payments.--Section 254(a)(1) of such 
     Act (52 U.S.C. 21004(a)(1)) is amended by striking the period 
     at the end and inserting ``, including the protection of 
     election infrastructure.''.
       (3) Composition of committee responsible for developing 
     state plan for use of payments.--Section 255 of such Act (52 
     U.S.C. 21005) is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Geographic Representation.--The members of the 
     committee shall be a representative group of individuals from 
     the State's counties, cities, towns, and Indian tribes, and 
     shall represent the needs of rural as well as urban areas of 
     the State, as the case may be.''.
       (f) Ensuring Protection of Computerized Statewide Voter 
     Registration List.--Section 303(a)(3) of such Act (52 U.S.C. 
     21083(a)(3)) is amended by striking the period at the end and 
     inserting ``, as well as other measures to prevent and deter 
     cybersecurity incidents, as identified by the Commission, the 
     Secretary of Homeland Security, and the Technical Guidelines 
     Development Committee.''.

     SEC. 115. INCORPORATION OF DEFINITIONS.

       (a) In General.--Section 901 of the Help America Vote Act 
     of 2002 (52 U.S.C. 21141) is amended to read as follows:

     ``SEC. 901. DEFINITIONS.

       ``In this Act, the following definitions apply:
       ``(1) The term `cybersecurity incident' has the meaning 
     given the term `incident' in section 227 of the Homeland 
     Security Act of 2002 (6 U.S.C. 659).
       ``(2) The term `election agency' means any component of a 
     State, or any component of a unit of local government in a 
     State, which is responsible for the administration of 
     elections for Federal office in the State.
       ``(3) The term `election infrastructure' means storage 
     facilities, polling places, and centralized vote tabulation 
     locations used to support the administration of elections for 
     public office, as well as related information and 
     communications technology (including the technology used by 
     or on behalf of election officials to produce and distribute 
     voter guides to elections), including voter registration 
     databases, voting machines, electronic mail and other 
     communications systems (including electronic mail and other 
     systems of vendors who have entered into contracts with 
     election agencies to support the administration of elections, 
     manage the election process, and report and display election 
     results), and other systems used to manage the election 
     process and to report and display election results on behalf 
     of an election agency.
       ``(4) The term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the United States Virgin Islands, and 
     the Commonwealth of the Northern Mariana Islands.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by amending the item relating to section 901 to 
     read as follows:

``Sec. 901. Definitions.''.

                    Subtitle B--Risk-Limiting Audits

     SEC. 121. RISK-LIMITING AUDITS.

       (a) In General.--Title III of the Help America Vote Act of 
     2002 (52 U.S.C. 21081 et seq.) is amended by inserting after 
     section 303 the following new section:

     ``SEC. 303A. RISK-LIMITING AUDITS.

       ``(a) Definitions.--In this section:
       ``(1) Risk-limiting audit.--The term `risk-limiting audit' 
     means, with respect to any election contest, a post-election 
     process that--
       ``(A) has a probability of at least 95 percent of 
     correcting the reported outcome if the reported outcome is 
     not the correct outcome;
       ``(B) will not change the outcome if the reported outcome 
     is the correct outcome; and
       ``(C) involves a manual adjudication of voter intent from 
     some or all of the ballots validly cast in the election 
     contest.
       ``(2) Reported outcome; correct outcome; outcome.--
       ``(A) Reported outcome.--The term `reported outcome' means 
     the outcome of an election contest which is determined 
     according to the canvass and which will become the official, 
     certified outcome unless it is revised by an audit, recount, 
     or other legal process.
       ``(B) Correct outcome.--The term `correct outcome' means 
     the outcome that would be determined by a manual adjudication 
     of

[[Page S3423]]

     voter intent for all votes validly cast in the election 
     contest.
       ``(C) Outcome.--The term `outcome' means the winner or set 
     of winners of an election contest.
       ``(3) Manual adjudication of voter intent.--The term 
     `manual adjudication of voter intent' means direct inspection 
     and determination by humans, without assistance from 
     electronic or mechanical tabulation devices, of the ballot 
     choices marked by voters on each voter-verifiable paper 
     record.
       ``(4) Ballot manifest.--The term `ballot manifest' means a 
     record maintained by each jurisdiction that--
       ``(A) is created without reliance on any part of the voting 
     system used to tabulate votes;
       ``(B) functions as a sampling frame for conducting a risk-
     limiting audit; and
       ``(C) accounts for all ballots validly cast regardless of 
     how they were tabulated and includes a precise description of 
     the manner in which the ballots are physically stored, 
     including the total number of physical groups of ballots, the 
     numbering system for each group, a unique label for each 
     group, and the number of ballots in each such group.
       ``(b) Requirements.--
       ``(1) In general.--
       ``(A) Audits.--
       ``(i) In general.--Each State and jurisdiction shall 
     administer risk-limiting audits of the results of all 
     election contests for Federal office held in the State in 
     accordance with the requirements of paragraph (2).
       ``(ii) Exception.--Clause (i) shall not apply to any 
     election contest for which the State or jurisdiction conducts 
     a full recount through a manual adjudication of voter intent.
       ``(B) Full manual tabulation.--If a risk-limiting audit 
     conducted under subparagraph (A) corrects the reported 
     outcome of an election contest, the State or jurisdiction 
     shall use the results of the manual adjudication of voter 
     intent conducted as part of the risk-limiting audit as the 
     official results of the election contest.
       ``(2) Audit requirements.--
       ``(A) Rules and procedures.--
       ``(i) In general.--Not later than 1 year after the date of 
     the enactment of this section, the chief State election 
     official of the State shall establish rules and procedures 
     for conducting risk-limiting audits.
       ``(ii) Matters included.--The rules and procedures 
     established under clause (i) shall include the following:

       ``(I) Rules and procedures for ensuring the security of 
     ballots and documenting that prescribed procedures were 
     followed.
       ``(II) Rules and procedures for ensuring the accuracy of 
     ballot manifests produced by jurisdictions.
       ``(III) Rules and procedures for governing the format of 
     ballot manifests and other data involved in risk-limiting 
     audits.
       ``(IV) Methods to ensure that any cast vote records used in 
     a risk-limiting audit are those used by the voting system to 
     tally the results of the election contest sent to the chief 
     State election official of the State and made public.
       ``(V) Rules and procedures for the random selection of 
     ballots to be inspected manually during each audit.
       ``(VI) Rules and procedures for the calculations and other 
     methods to be used in the audit and to determine whether and 
     when the audit of each election contest is complete.
       ``(VII) Rules and procedures for testing any software used 
     to conduct risk-limiting audits.

       ``(B) Public report.--
       ``(i) In general.--After the completion of the risk-
     limiting audit and at least 5 days before the election 
     contest is certified by the State, the State shall make 
     public and submit to the Commission a report on the results 
     of the audit, together with such information as necessary to 
     confirm that the audit was conducted properly.
       ``(ii) Format of data.--All data published with the report 
     under clause (i) shall be published in machine-readable, open 
     data formats.
       ``(iii) Protection of anonymity of votes.--Information and 
     data published by the State under this subparagraph shall not 
     compromise the anonymity of votes.
       ``(iv) Report made available by commission.--After 
     receiving any report submitted under clause (i), the 
     Commission shall make such report available on its website.
       ``(c) Effective Date.--
       ``(1) In general.--Each State and jurisdiction shall be 
     required to comply with the requirements of this section for 
     the first regularly scheduled election for Federal office 
     held more than 1 year after the date of the enactment of the 
     Securing America's Federal Elections Act and for each 
     subsequent election for Federal office.
       ``(2) Waiver.--If a State or jurisdiction certifies to 
     Commission not later than 1 year after the date of the 
     enactment of the Securing America's Federal Elections Act 
     that the State or jurisdiction will not meet the deadline 
     described in paragraph (1) for good cause and includes in the 
     certification a reason for the inability to meet such 
     deadline, paragraph (1) shall be applied by as if the 
     reference in such paragraph to `1 year' were a reference to 
     `3 years'.''.
       (b) Clerical Amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     303 the following new item:

``Sec. 303A. Risk-limiting audits.''.

     SEC. 122. FUNDING FOR CONDUCTING POST-ELECTION RISK-LIMITING 
                   AUDITS.

       (a) Payments to States.--Subtitle D of title II of the Help 
     America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as 
     amended by sections 111(a), 112(a), and 113(a), is amended by 
     adding at the end the following new part:

       ``PART 10--FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS

     ``SEC. 299A. PAYMENTS FOR POST-ELECTION RISK-LIMITING AUDITS.

       ``(a) In General.--The Commission shall pay to States the 
     amount of eligible post-election audit costs.
       ``(b) Eligible Post-Election Audit Costs.--For purposes of 
     this section, the term `eligible post-election audit costs' 
     means, with respect to any State, costs paid or incurred by 
     the State or local government within the State for--
       ``(1) the conduct of any risk-limiting audit (as defined in 
     section 303A) with respect to an election for Federal office 
     occurring after the date of the enactment of this part; and
       ``(2) any equipment, software, personnel, or services 
     necessary for the conduct of any such risk-limiting audit.
       ``(c) Special Rules.--
       ``(1) Rules and procedures.--The Commission shall establish 
     rules and procedures for submission of eligible post-election 
     audit costs for payments under this section.
       ``(2) Insufficient funds.--In any case in which the amounts 
     appropriated under subsection (d) are insufficient to pay all 
     eligible post-election audit costs submitted by States with 
     respect to any Federal election, the amount of such costs 
     paid under subsection (a) to any State shall be equal to the 
     amount that bears the same ratio to the amount which would be 
     paid to such State (determined without regard to this 
     paragraph) as--
       ``(A) the number of individuals who voted in such Federal 
     election in such State; bears to
       ``(B) the total number of individuals who voted in such 
     Federal election in all States submitting a claim for 
     eligible post-election audit costs.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There is hereby authorized to be 
     appropriated to the Commission such sums as are necessary to 
     carry out this part.
       ``(2) Availability.--Any amounts appropriated pursuant to 
     paragraph (1) shall remain available without fiscal year 
     limitation until expended.''.
       (b) Clerical Amendment.--The table of contents of such Act, 
     as amended by sections 111(b), 112(b), and 113(b), is further 
     amended by adding at the end of the items relating to 
     subtitle D of title II the following:

       ``Part 10--Funding for Post-Election Risk-Limiting Audits

``Sec. 299A. Payments for post-election risk-limiting audits.''.

     SEC. 123. GAO ANALYSIS OF EFFECTS OF AUDITS.

       (a) Analysis.--Not later than 6 months after the first 
     elections for Federal office is held for which States must 
     conduct risk-limiting audits under section 303A of the Help 
     America Vote Act of 2002 (as added by section 121), the 
     Comptroller General of the United States shall conduct an 
     analysis of the extent to which such audits have improved the 
     administration of such elections and the security of election 
     infrastructure in the States receiving such grants.
       (b) Report.--The Comptroller General of the United States 
     shall submit a report on the analysis conducted under 
     subsection (a) to the Committee on House Administration of 
     the House of Representatives and the Committee on Rules and 
     Administration of the Senate.

  TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION 
                             ADMINISTRATION

     SEC. 201. CYBERSECURITY REQUIREMENTS FOR AND TESTING AND 
                   CERTIFICATION OF VOTING SYSTEMS.

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

     ``SEC. 2215. MANDATORY CYBERSECURITY REQUIREMENTS FOR SYSTEMS 
                   USED IN FEDERAL ELECTIONS.

       ``Not later than 180 days after the date of enactment of 
     Securing America's Federal Elections Act, the Secretary, 
     acting through the Director and in consultation with the 
     Director of the National Institute of Standards and 
     Technology and the Technical Guidelines Development Committee 
     established under section 221 of the Help America Vote Act of 
     2002 (52 U.S.C. 20961), shall establish mandatory 
     cybersecurity standards for the use in Federal elections of 
     the following:
       ``(1) Ballot tabulation devices (within the meaning of 
     section 301(a)(9) of the Help America Vote Act of 2002).
       ``(2) Ballot marking devices (within the meaning of section 
     301(a)(12) of such Act).
       ``(3) Election management systems, including those systems 
     used--
       ``(A) to configure ballot tabulation devices and ballot 
     marking devices;
       ``(B) to aggregate election results; and
       ``(C) to design paper ballots.
       ``(4) Electronic poll books;
       ``(5) Any government database, website, or associated 
     information system used by voters or government agencies for 
     voter registration (including the management of voter 
     registration status).
       ``(6) Systems used to deliver or publish election results.

[[Page S3424]]

       ``(7) Such other components of voting systems (as defined 
     in section 301(b) of such Act) as is determined appropriate 
     by the Director.

     ``SEC. 2216. TESTING AND CERTIFICATION OF BALLOT MARKING AND 
                   BALLOT TABULATION DEVICE CYBERSECURITY.

       ``(a) In General.--Any State or jurisdiction which intends 
     to use a ballot marking device or a ballot tabulation device 
     in an election for Federal office may submit an application 
     to the Director for cybersecurity testing and certification 
     of the hardware and software of such device under this 
     section.
       ``(b) Application, Assignment, and Testing.--
       ``(1) Assignment.--
       ``(A) In general.--Upon receipt of an application for 
     testing under this section, the Director, in consultation 
     with the Director of the National Institute of Standards and 
     Technology, shall contract with a qualified laboratory for 
     the testing of whether--
       ``(i) in the case of a ballot tabulation device intended to 
     be used by the State or jurisdiction, the device meets the 
     requirements of section 301(a)(9)(B) of the Help America Vote 
     Act of 2002; and
       ``(ii) in the case of a ballot marking device intended to 
     be used by the State or jurisdiction, the device meets the 
     requirements of section 301(a)(12)(A) of such Act.
       ``(B) Optional testing of state requirements.--In the case 
     of a ballot marking device or ballot tabulation device for 
     which the source code has been published under an open source 
     license, the contract under subparagraph (A) shall also 
     include, at the request of any State or jurisdiction, testing 
     of whether such device meets any applicable requirements of 
     the State or jurisdiction.
       ``(2) Requirements for testing.--Any contract described in 
     paragraph (1) shall require the qualified research laboratory 
     to--
       ``(A) not later than 30 days before testing begins, submit 
     to the Director for approval the protocol for the simulated 
     election scenario used for testing the security of the ballot 
     marking device or ballot tabulation device, as the case may 
     be;
       ``(B) use only protocols approved by the Director in 
     conducting such security testing; and
       ``(C) submit to the Director a report on the results of the 
     security testing.
       ``(3) Qualified research laboratory.--For purposes of this 
     section, the term `qualified research laboratory' means a 
     laboratory accredited under this subsection by the Director, 
     in consultation with the Director of the National Institute 
     of Standards and Technology.
       ``(c) Reporting and Certification.--The Director shall--
       ``(1) publish on the website of the Cybersecurity and 
     Infrastructure Security Agency the results of the testing 
     conducted under subsection (b); and
       ``(2) certify--
       ``(A) a ballot tabulation device if the ballot tabulation 
     device is determined by the qualified research laboratory to 
     meet the requirements of section 301(a)(9)(B) of the Help 
     America Vote Act of 2002; and
       ``(B) a ballot marking device if the ballot marking device 
     is determined by the qualified research laboratory to meet 
     the requirements of section 301(a)(12)(A) of such Act.
       ``(d) Prohibition on Fees.--The Director may not charge any 
     fee to a State or jurisdiction, a developer or manufacturer 
     of a ballot marking device or ballot tabulation device, or 
     any other person in connection with testing and certification 
     under this section (including any testing conducted under 
     subsection (b)(1)(B)).''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 2214 the following:

``Sec. 2215. Mandatory cybersecurity requirements for systems used in 
              Federal elections.
``Sec. 2216. Testing and certification of ballot marking and ballot 
              tabulation device cybersecurity.''.

     SEC. 202. VOTING SYSTEM CYBERSECURITY REQUIREMENTS.

       (a) Ballot Tabulation Devices.--Section 301(a) of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by 
     section 104 and section 105, is further amended by adding at 
     the end the following new paragraph:
       ``(9) Ballot tabulation methods.--
       ``(A) In general.--The voting system tabulates ballots by 
     hand or through the use of a ballot tabulation device that 
     meets the requirements of subparagraph (B).
       ``(B) Requirements for ballot tabulation devices.--Except 
     as provided in subparagraph (C), the requirements of this 
     subparagraph are as follows:
       ``(i) The device is designed and built in a manner in which 
     it is mechanically impossible for the device to add or change 
     the vote selections on a printed or marked ballot.
       ``(ii) The device is capable of exporting its data 
     (including vote tally data sets and cast vote records) in a 
     machine-readable, open data standard format required by the 
     Commission, in consultation with the Director of the National 
     Institute of Standards and Technology.
       ``(iii) The device consists of hardware that--

       ``(I) is certified under section 2216 of the Homeland 
     Security Act; and
       ``(II) demonstrably conforms to a hardware component 
     manifest describing point-of-origin information (including 
     upstream hardware supply chain information for each 
     component) that--

       ``(aa) has been provided to the Commission, the Director of 
     Cybersecurity and Infrastructure Security, and the chief 
     State election official for each State in which the device is 
     used; and
       ``(bb) may be shared by any entity to whom it has been 
     provided under item (aa) with independent experts for 
     cybersecurity analysis.
       ``(iv) The device utilizes technology that prevents the 
     operation of the device if any hardware components do not 
     meet the requirements of clause (iii).
       ``(v) The device operates using software--

       ``(I) that is certified under section 2216 of the Homeland 
     Security Act; and
       ``(II) for which the source code, system build tools, and 
     compilation parameters--

       ``(aa) have been provided to the Commission, the Director 
     of Cybersecurity and Infrastructure Security, and the chief 
     State election official for each State in which the device is 
     used; and
       ``(bb) may be shared by any entity to whom it has been 
     provided under item (aa) with independent experts for 
     cybersecurity analysis.
       ``(vi) The device utilizes technology that prevents the 
     running of software on the device that does not meet the 
     requirements of clause (v).
       ``(vii) The device utilizes technology that enables 
     election officials, cybersecurity researchers, and voters to 
     verify that the software running on the device--

       ``(I) was built from a specific, untampered version of the 
     code that is described in clause (v); and
       ``(II) uses the system build tools and compilation 
     parameters that are described in clause (v).

       ``(viii) The device contains such other security 
     requirements as established by the Director of Cybersecurity 
     and Infrastructure Security, in consultation with the 
     Director of the National Institute of Standards and 
     Technology and the Technical Guidelines Development 
     Committee.
       ``(C) Waiver.--
       ``(i) In general.--The Director of Cybersecurity and 
     Infrastructure Security, in consultation with the Director of 
     the National Institute of Standards and Technology, may waive 
     one or more of the requirements of subparagraph (B) (other 
     than the requirement of clause (i) thereof) with respect to 
     any device for a period of not to exceed 2 years.
       ``(ii) Publication.--Information relating to any waiver 
     granted under clause (i) shall be made publicly available on 
     the internet.
       ``(D) Effective date.--Each State and jurisdiction shall be 
     required to comply with the requirements of this paragraph 
     for elections for Federal office held in 2021 or any 
     subsequent year.''.
       (b) Other Cybersecurity Requirements.--Section 301(a) of 
     such Act (52 U.S.C. 21081(a)), as amended by section 104, 
     section 105, and subsection (a), is further amended by adding 
     at the end the following new paragraphs:
       ``(10) Prohibition of use of wireless communications 
     devices in systems or devices.--
       ``(A) In general.--No system or device upon which ballot 
     marking devices or ballot tabulation devices are configured, 
     upon which ballots are marked by voters (except as necessary 
     for individuals with disabilities to use ballot marking 
     devices that meet the accessibility requirements of paragraph 
     (3)), or upon which votes are cast, tabulated, or aggregated 
     shall contain, use, or be accessible by any wireless, power-
     line, or concealed communication device.
       ``(B) Effective date.--Each State and jurisdiction shall be 
     required to comply with the requirements of this paragraph 
     for elections for Federal office held in 2021 or any 
     subsequent year.
       ``(11) Prohibiting connection of system to the internet.--
       ``(A) In general.--No system or device upon which ballot 
     marking devices or ballot tabulation devices are configured, 
     upon which ballots are marked by voters, or upon which votes 
     are cast, tabulated, or aggregated shall be connected to the 
     internet or any non-local computer system via telephone or 
     other communication network at any time.
       ``(B) Effective date.--Each State and jurisdiction shall be 
     required to comply with the requirements of this paragraph 
     for elections for Federal office held in 2021 or any 
     subsequent year.''.
       (c) Ballot Marking Devices.--Section 301(a) of such Act (52 
     U.S.C. 21081(a)), as amended by section 104, section 105, and 
     subsections (a) and (b), is further amended by adding at the 
     end the following new paragraph:
       ``(12) Ballot marking devices.--
       ``(A) In general.--In the case of a voting system that uses 
     a ballot marking device, the ballot marking device shall be a 
     device that--
       ``(i) is not capable of tabulating votes; and
       ``(ii) is certified under section 2216 of the Homeland 
     Security Act as meeting the requirements of clauses (iii) 
     through (viii) of section 301(a)(9)(B).
       ``(B) Effective date.--Each State and jurisdiction shall be 
     required to comply with the requirements of this paragraph 
     for elections for Federal office held in 2021 or any 
     subsequent year.''.

[[Page S3425]]

  


     SEC. 203. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE 
                   COMPLIANCE WITH ELECTION CYBERSECURITY 
                   GUIDELINES AND OTHER GUIDELINES.

       (a) Requiring Testing of Existing Voting Systems.--
       (1) In general.--Section 231(a) of the Help America Vote 
     Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the 
     end the following new paragraph:
       ``(3) Testing to ensure compliance with guidelines.--
       ``(A) Testing.--Not later than 9 months before the date of 
     each regularly scheduled general election for Federal office, 
     the Commission shall provide for the testing by accredited 
     laboratories under this section of the voting system hardware 
     and software which was certified for use in the most recent 
     such election, on the basis of the most recent voting system 
     guidelines applicable to such hardware or software (including 
     election cybersecurity guidelines) issued under this Act.
       ``(B) Decertification of hardware or software failing to 
     meet guidelines.--If, on the basis of the testing described 
     in subparagraph (A), the Commission determines that any 
     voting system hardware or software does not meet the most 
     recent guidelines applicable to such hardware or software 
     issued under this Act, the Commission shall decertify such 
     hardware or software.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to elections for Federal office held 
     in 2021 or any subsequent year.
       (b) Issuance of Cybersecurity Guidelines by Technical 
     Guidelines Development Committee.--Section 221(b) of the Help 
     America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by 
     adding at the end the following new paragraph:
       ``(3) Election cybersecurity guidelines.--Not later than 6 
     months after the date of the enactment of the Securing 
     America's Federal Elections Act, the Development Committee 
     shall issue election cybersecurity guidelines, including 
     standards and best practices for procuring, maintaining, 
     testing, operating, and updating election systems to prevent 
     and deter cybersecurity incidents.''.

     SEC. 204. REQUIRING USE OF SOFTWARE AND HARDWARE FOR WHICH 
                   INFORMATION IS DISCLOSED BY MANUFACTURER.

       (a) Requirement.--Section 301(a) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21081(a)), as amended by sections 104, 
     105, 202(a), 202(b), and 202(c), is amended by adding at the 
     end the following new paragraph:
       ``(13) Requiring use of software and hardware for which 
     information is disclosed by manufacturer.--
       ``(A) Requiring use of software for which source code is 
     disclosed by manufacturer.--
       ``(i) In general.--In the operation of voting systems in an 
     election for Federal office, a State may only use software 
     for which the manufacturer makes the source code (in the form 
     in which will be used at the time of the election) publicly 
     available online under a license that grants a worldwide, 
     royalty-free, non-exclusive, perpetual, sub-licensable 
     license to all intellectual property rights in such source 
     code, except that the manufacturer may prohibit a person who 
     obtains the software from using the software in a manner that 
     is primarily intended for or directed toward commercial 
     advantage or private monetary compensation that is unrelated 
     to carrying out legitimate research or cybersecurity 
     activity.
       ``(ii) Exceptions.--Clause (i) does not apply with respect 
     to--

       ``(I) widely used operating system software which is not 
     specific to voting systems and for which the source code or 
     baseline functionality is not altered; or
       ``(II) widely used cybersecurity software which is not 
     specific to voting systems and for which the source code or 
     baseline functionality is not altered.

       ``(B) Requiring use of hardware for which information is 
     disclosed by manufacturer.--
       ``(i) Requiring disclosure of hardware.--A State may not 
     use a voting system in an election for Federal office unless 
     the manufacturer of the system publicly discloses online the 
     identification of the hardware used to operate the system.
       ``(ii) Additional disclosure requirements for custom or 
     altered hardware.--To the extent that the hardware used to 
     operate a voting system or any component thereof is not 
     widely used, or is widely used but is altered, the State may 
     not use the system in an election for Federal office unless--

       ``(I) the manufacturer of the system publicly discloses 
     online the components of the hardware, the design of such 
     components, and how such components are connected in the 
     operation of the system; and
       ``(II) the manufacturer makes the design (in the form which 
     will be used at the time of the election) publicly available 
     online under a license that grants a worldwide, royalty-free, 
     non-exclusive, perpetual, sub-licensable license to all 
     intellectual property rights in the design of the hardware or 
     the component, except that the manufacturer may prohibit a 
     person who obtains the design from using the design in a 
     manner that is primarily intended for or directed toward 
     commercial advantage or private monetary compensation that is 
     unrelated to carrying out legitimate research or 
     cybersecurity activity.''.

       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to elections for Federal office held 
     in 2021 or any succeeding year.

     SEC. 205. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF 
                   VOTING SYSTEMS.

       (a) Inclusion in Definition of Voting System.--Section 
     301(b) of the Help America Vote Act of 2002 (52 U.S.C. 
     21081(b)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``this section'' and inserting ``this Act'';
       (2) by striking ``and'' at the end of paragraph (1);
       (3) by redesignating paragraph (2) as paragraph (3); and
       (4) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) any electronic poll book used with respect to the 
     election; and''.
       (b) Definition.--Section 301 of such Act (52 U.S.C. 21081) 
     is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Electronic Poll Book Defined.--In this Act, the term 
     `electronic poll book' means the total combination of 
     mechanical, electromechanical, or electronic equipment 
     (including the software, firmware, and documentation required 
     to program, control, and support the equipment) that is 
     used--
       ``(1) to retain the list of registered voters at a polling 
     location, or vote center, or other location at which voters 
     cast votes in an election for Federal office; and
       ``(2) to identify registered voters who are eligible to 
     vote in an election.''.
       (c) Effective Date.--Section 301(e) of such Act (52 U.S.C. 
     21081(e)), as amended by section 107 and as redesignated by 
     subsection (b), is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Special rule for electronic poll books.--In the case 
     of the requirements of subsection (c) (relating to electronic 
     poll books), each State and jurisdiction shall be required to 
     comply with such requirements on or after January 1, 2021.''.

     SEC. 206. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

       (a) Requiring States To Submit Reports.--Title III of the 
     Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 103(c), is amended by inserting after 
     section 301A the following new section:

     ``SEC. 301B. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

       ``(a) Requiring States To Submit Reports.--Not later than 
     120 days before the date of each regularly scheduled general 
     election for Federal office, the chief State election 
     official of a State shall submit a report to the Commission 
     containing a detailed voting system usage plan for each 
     jurisdiction in the State which will administer the election, 
     including a detailed plan for the usage of electronic poll 
     books and other equipment and components of such system.
       ``(b) Effective Date.--Subsection (a) shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2022 and each succeeding 
     regularly scheduled general election for Federal office.''.
       (b) Clerical Amendment.--The table of contents of such Act, 
     as amended by section 103(c), is amended by inserting after 
     the item relating to section 301A the following new item:

``Sec. 301B. Pre-election reports on voting system usage.''.

     SEC. 207. STREAMLINING COLLECTION OF ELECTION INFORMATION.

       Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 
     20922) is amended--
       (1) by striking ``The Commission'' and inserting ``(a) In 
     General.--The Commission''; and
       (2) by adding at the end the following new subsection:
       ``(b) Waiver of Certain Requirements.--Subchapter I of 
     chapter 35 of title 44, United States Code, shall not apply 
     to the collection of information for purposes of maintaining 
     the clearinghouse described in paragraph (1) of subsection 
     (a).''.

  TITLE III--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES

     SEC. 301. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED 
                   STATES.

       Section 301(a) of the Help America Vote Act of 2002 (52 
     U.S.C. 21081(a)), as amended by sections 104, 105, 202(a), 
     202(b), 202(c), and 204(a), is further amended by adding at 
     the end the following new paragraph:
       ``(14) Voting machine requirements.--Each State shall seek 
     to ensure that any voting machine used in an election for 
     Federal office held in 2021 or any subsequent year is 
     manufactured in the United States.''.

                         TITLE IV--SEVERABILITY

     SEC. 401. SEVERABILITY.

       If any provision of this division or amendment made by this 
     division, or the application of a provision or amendment to 
     any person or circumstance, is held to be unconstitutional, 
     the remainder of this division and amendments made by this 
     division, and the application of the provisions and amendment 
     to any person or circumstance, shall not be affected by the 
     holding.
                                 ______
                                 
  SA 1946. Ms. KLOBUCHAR submitted an amendment intended to be proposed

[[Page S3426]]

by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. WAIVER OF MATCHING REQUIREMENT.

       The last proviso under the heading ``Election Assistance 
     Commission, Election Security Grants'' in the Financial 
     Services and General Government Appropriations Act, 2020 
     (Public Law 116-93; 133 Stat. 2461) shall not apply with 
     respect to any payment made to a State using funds 
     appropriated or otherwise made available to the Election 
     Assistance Commission under the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136).
                                 ______
                                 
  SA 1947. Ms. KLOBUCHAR (for herself, Ms. Warren, and Mr. Bennet) 
submitted an amendment intended to be proposed by her to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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 G of title V, add the 
     following:

     SEC. ___. PROMOTION OF DIGITAL AND MEDIA LITERACY TO COMBAT 
                   FOREIGN INFLUENCE CAMPAIGNS.

       (a) Findings.--Congress finds the following:
       (1) People in the United States rely on information from 
     mass media, social media, and digital media to make decisions 
     about all aspects of social, economic, and political life, 
     including products and services consumption, employment, 
     career and professional development, family and leisure 
     choices, health and wellness, and democratic engagement. 
     Ensuring that people in the United States possess the skills 
     to make these informed decisions based on media begins early 
     in life.
       (2) Adversaries from Russia, China, and Iran are using 
     information warfare to influence democracies across the 
     world, and terrorist organizations often use digital 
     communications to recruit members. The Unites States can 
     fight these influences by ensuring that citizens of the 
     United States possess the necessary skills to discern 
     disinformation and misinformation and think critically about 
     their digital activities.
       (3) Influence campaigns by foreign adversaries reached tens 
     of millions of voters during the 2016 and 2018 elections with 
     racially and divisively targeted messages. The Select 
     Committee on Intelligence of the Senate found in its 
     investigation of the interference in the 2016 election that 
     social media posts by Russia's Internet Research Agency (IRA) 
     reached tens of millions of voters in 2016 and were meant to 
     pit people of the United States against one another and sow 
     discord. The preservation of elections free of foreign 
     influence is of utmost importance, and therefore Congress 
     must take steps to counter influence campaigns with digital 
     and media literacy.
       (4) Researchers have documented persistent, pervasive, and 
     coordinated online targeting of members of the Armed Forces, 
     veterans, and their families by foreign adversaries seeking 
     to undermine the democracy of the United States. Veterans and 
     the social-media followers of several congressionally 
     chartered veterans service organizations were specifically 
     targeted by the Internet Research Agency with at least 113 
     advertisement during and after the 2016 election. This 
     represents a fraction of the Russian activity that targeted 
     this community with divisive propaganda.
       (5) The Cyberspace Solarium Commission, a bicameral and 
     bipartisan commission, established in the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232), concluded in its finished report that 
     the ``U.S. government should promote digital literacy, civics 
     education, and public awareness to build societal resilience 
     to foreign, malign cyber-enabled information operations and 
     that the U.S. government must ensure that individual 
     Americans have both the digital literacy tools and the civics 
     education they need to secure their networks and their 
     democracy from cyber-enabled information operations.'' The 
     report recommended that Congress authorize a grant program 
     ``to study how best to improve digital citizenship and to 
     incorporate effective digital literacy curricula in American 
     classrooms at the K-12 level and beyond''.
       (6) In addition to bolstering national security by building 
     societal resistance to foreign influence campaigns, digital 
     and media literacy education is critical to allow young 
     people to make informed decisions about products and 
     services, education, health and wellness, and democratic 
     decisions associated with public policy. Digital and media 
     literacy education must be inclusive and accessible for all 
     students, including students with disabilities. Digital and 
     media literacy empowers young people and gives them the 
     agency to make informed decisions about their future, 
     advertisements, the use of controlled substances, nutrition, 
     and physical health. Equipping students with the skills to 
     make informed decisions in these areas contributes to the 
     betterment of mental health and public health.
       (7) A successful and inclusive digital and media literacy 
     program must be directed at students beginning in 
     kindergarten and should continue throughout the completion of 
     postsecondary education. Learning to critically analyze and 
     create digital content and media is a lifelong process that 
     can be developed by integrating media literacy competencies 
     into academic curriculum across content areas and 
     disciplines.
       (8) Digital and media literacy also allows young people to 
     develop the critical thinking skills that will help them 
     become informed voters. The right to vote is a fundamental 
     right afforded to United States citizens by the Constitution. 
     The unimpeded free exercise of this right is essential to the 
     functioning of our democracy. The process to protect our 
     democracy begins with educating young people in the United 
     States to ensure that the young people possess the skills to 
     engage in civic activities, engage with communities, and 
     eventually become informed voters.
       (b) Sense Congress.--It is the sense of Congress that, 
     given the threat foreign influence campaigns pose for 
     American democracy and the recommendations of the Cyberspace 
     Solarium Commission, Congress must immediately act to pass 
     legislative measures to increase digital and media literacy 
     among Americans.
       (c) Digital and Media Literacy Education Grant Program.--
       (1) Definitions.--In this subsection:
       (A) Esea definitions.--The terms ``child with a 
     disability'', ``local educational agency'', ``State 
     educational agency'', ``specialized instructional support 
     personnel'', and ``universal design for learning'' have the 
     meanings given those terms in section 8101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (B) Eligible entity.--The term ``eligible entity'' means--
       (i) a State educational agency; or
       (ii) a local educational agency.
       (C) Digital citizenship.--The term ``digital citizenship'' 
     means the ability to--
       (i) safely, responsibly, and ethically use communication 
     technologies and digital information technology tools and 
     platforms;
       (ii) create and share media content using principles of 
     social and civic responsibility and with awareness of the 
     legal and ethical issues involved; and
       (iii) participate in the political, economic, social, and 
     cultural aspects of life related to technology, 
     communications, and the digital world by consuming and 
     creating digital content, including media.
       (D) Director.--The term ``Director'' means the Director of 
     the Digital and Media Literacy Education Grant Program who 
     shall be appointed by the Secretary of Defense.
       (E) Media literacy.--The term ``media literacy'' means the 
     ability to--
       (i) access relevant and accurate information through media 
     in a variety of forms;
       (ii) critically analyze media content and the influences of 
     different forms of media;
       (iii) evaluate the comprehensiveness, relevance, 
     credibility, authority, and accuracy of information;
       (iv) make educated decisions based on information obtained 
     from media and digital sources;
       (v) operate various forms of technology and digital tools; 
     and
       (vi) reflect on how the use of media and technology may 
     affect private and public life.
       (2) Establishment.--
       (A) In general.--The Director shall establish a program to 
     promote digital and media literacy, through which the 
     Director shall award grants to eligible entities to enable 
     those eligible entities to carry out the activities described 
     in paragraph (4).
       (B) Designation.--The program established under 
     subparagraph (A) shall be known as the ``Digital and Media 
     Literacy Education Grant Program''.
       (3) Application.--An eligible entity that desires a grant 
     under this subsection shall submit an application to the 
     Director at such time and in such manner as the Director may 
     require, including, at a minimum--
       (A) a description of the activities the eligible entity 
     intends to carry out with the grant funds;
       (B) an estimate of the costs associated with such 
     activities; and
       (C) such other information and assurances as the Director 
     may require.
       (4) Use of funds.--
       (A) State educational agencies.--
       (i) In general.--An eligible entity that is a State 
     educational agency receiving a grant under this subsection 
     shall use grant funds to carry out one or more of the 
     following activities:

       (I) Creating and supporting a media literacy advisory 
     council to--

       (aa) provide recommendations about digital citizenship and 
     media literacy guidelines;
       (bb) identify barriers and opportunities for implementing 
     media literacy in kindergarten through grade 12 in public 
     schools in the State for all students, including students who 
     are children with disabilities;

[[Page S3427]]

       (cc) identify best practices and effective models for media 
     literacy education, including incorporating universal design 
     for learning and providing additional accommodations for 
     students who are children with disabilities when needed;
       (dd) identify existing models of curriculum and existing 
     policies in different States that are aimed at overcoming the 
     barriers identified in item (bb);
       (ee) gather data or conduct research to assess the media 
     literacy and digital citizenship competencies of students, 
     teachers, or specialized instructional support personnel;
       (ff) submit a report to the State educational agency 
     containing findings and recommendations regarding the items 
     identified under this subclause; and
       (gg) annually update those findings and recommendations.

       (II) Assisting local educational agencies in the 
     development of units of instruction on media literacy, either 
     as a new subject or as a part of the existing curriculum.
       (III) Assisting local agencies in developing means of 
     evaluating student learning in media literacy.
       (IV) Assisting local agencies in developing or providing 
     professional development for teachers that relates to media 
     literacy.

       (ii) Media literacy advisory council.--

       (I) Members.--The media literacy advisory council described 
     in clause (i)(I) shall include experts in media literacy, 
     including academic experts, individuals from nonprofit 
     organizations, individuals with expertise in education for 
     students who are children with disabilities, teachers, 
     librarians, representatives from parent organizations, 
     educators, administrators, students, and other stakeholders.
       (II) Diversity of representation.--Such membership shall 
     include representation from rural and urban local educational 
     agencies, small and large schools, high- and low-resource 
     schools, teachers of students with disabilities, and schools 
     in communities from diverse racial and ethnic backgrounds.

       (iii) Guidelines.--

       (I) In general.--A State educational agency that creates a 
     media literacy advisory council under clause (i)(I) shall, 
     only after consideration of the findings and recommendations 
     described in clause (i)(I)(aa) and (ff), develop and publish 
     on the State educational agency website inclusive digital 
     citizenship and media literacy guidelines for students in 
     kindergarten through grade 12 in public schools in the State.
       (II) Requirements.--The guidelines described in subclause 
     (I) shall be designed to develop media literacy and digital 
     citizenship competencies by promoting students'--

       (aa) research and information fluency;
       (bb) critical thinking and problem solving skills;
       (cc) technology operations and concepts;
       (dd) information and technological literacy;
       (ee) concepts of media representation and stereotyping;
       (ff) understanding of explicit and implicit media messages;
       (gg) understanding of values and points of view that are 
     included and excluded in media content;
       (hh) understanding of how media may influence ideas and 
     behaviors;
       (ii) understanding of the importance of obtaining 
     information from multiple media sources and evaluating 
     sources for quality;
       (jj) understanding how information on digital platforms can 
     be altered through algorithms, editing, and augmented 
     reality; and
       (kk) ability to create media in civically and socially 
     responsible ways.
       (B) Local educational agencies.--An eligible entity that is 
     a local educational agency receiving a grant under this 
     subsection shall use grant funds to carry out one or more of 
     the following activities:
       (i) Incorporating digital citizenship and media literacy 
     into the existing curriculum (across content and disciplinary 
     areas) or establishing new educational opportunities to learn 
     about media literacy.
       (ii) Employing specialized instructional support personnel, 
     such as a librarian or other personnel who can provide 
     instructional services in media literacy.
       (iii) Providing funding to educators who are carrying out 
     activities described in clause (i) to further their 
     professional development in relation to media literacy, 
     including funding for traveling to media literacy conferences 
     to share knowledge with regional and national stakeholders.
       (iv) Other activities, including student led efforts, to 
     support, develop, or promote the implementation of media 
     literacy education programs, policies, teacher preparation, 
     curriculum, or standards.
       (5) Reporting.--
       (A) Reports by eligible entities.--Not later than 1 year 
     after the date the eligible entity receives grant funds under 
     this subsection, each eligible entity shall prepare and 
     submit to the Director a report describing the activities the 
     eligible entity carried out using grant funds and the 
     effectiveness of those activities.
       (B) Report by the director.--Not later than 90 days after 
     the Director receives the report described in subparagraph 
     (A) from the last eligible entity to submit such a report, 
     the Director shall prepare and submit a report to Congress 
     describing the activities carried out under this subsection 
     and the effectiveness of those activities.
       (6) Sense of congress.--It is the sense of Congress that 
     the Director should establish and maintain a list of eligible 
     entities that receive a grant under this subsection, and 
     individuals designated by those eligible entities as 
     participating individuals. The Director should make that list 
     available to those eligible entities and participating 
     individuals in order to promote communication and further 
     exchange of information regarding sound digital citizenship 
     and media literacy practices among recipients of a grant 
     under this subsection.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $20,000,000 
     for each of fiscal years 2020, 2022, and 2024.
       (d) Veterans Grant Program.--
       (1) Definitions.--In this subsection:
       (A) Eligible entity.--The term ``eligible entity'' 
     includes--
       (i) a civil society organization, including a community 
     group, a nongovernmental organization, a nonprofit 
     organization, a labor union, an indigenous group, a 
     charitable organization, a professional association, and a 
     foundation; and
       (ii) an organization recognized by the Secretary of 
     Veterans Affairs for the representation of veterans under 
     section 5902 of title 38, United States Code.
       (B) Digital citizenship.--The term ``digital citizenship'' 
     means the ability to--
       (i) safely, responsibly, and ethically use communication 
     technologies and digital information technology tools and 
     platforms;
       (ii) create and share media content using principles of 
     social and civic responsibility and with awareness of the 
     legal and ethical issues involved; and
       (iii) participate in the political, economic, social, and 
     cultural aspects of life related to technology, 
     communications, and the digital world by consuming and 
     creating digital content, including media.
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of Veterans Affairs.
       (D) Media literacy.--The term ``media literacy'' means the 
     ability to--
       (i) access relevant and accurate information through media 
     in a variety of forms;
       (ii) critically analyze media content and the influences of 
     different forms of media;
       (iii) evaluate the comprehensiveness, relevance, 
     credibility, authority, and accuracy of information;
       (iv) make educated decisions based on information obtained 
     from media and digital sources;
       (v) operate various forms of technology and digital tools; 
     and
       (vi) reflect on how the use of media and technology may 
     affect private and public life.
       (2) In general.--The Secretary shall establish a program to 
     promote digital citizenship and media literacy, through which 
     the Director shall award grants to eligible entities to 
     enable those eligible entities to carry out the activities 
     described in paragraph (4).
       (3) Application.--An eligible entity that desires a grant 
     under this subsection shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require, including, at a minimum--
       (A) a description of the activities the eligible entity 
     intends to carry out with the grant funds;
       (B) an estimate of the costs associated with such 
     activities; and
       (C) such other information and assurances as the Secretary 
     may require.
       (4) Use of funds.--An eligible entity receiving a grant 
     under this subsection shall use the grant funds to carry out 
     one or more of the following activities to increase digital 
     and media literacy among veterans to develop media literacy 
     and digital citizenship competencies and improve personal 
     cybersecurity by promoting veterans'--
       (A) research and information fluency;
       (B) critical thinking and problem solving skills;
       (C) technology operations and concepts;
       (D) information and technological literacy;
       (E) concepts of media and digital representation and 
     stereotyping;
       (F) understanding of explicit and implicit media and 
     digital messages;
       (G) understanding of values and points of view that are 
     included and excluded in media and digital content;
       (H) understanding of how media and digital content may 
     influence ideas and behaviors;
       (I) understanding of the importance of obtaining 
     information from multiple media sources and evaluating 
     sources for quality;
       (J) understanding how information on digital platforms can 
     be altered through algorithms, editing, and augmented 
     reality;
       (K) ability to create media and digital content in 
     civically and socially responsible ways;
       (L) understanding of influence campaigns conducted by 
     foreign adversaries and the tactics employed by foreign 
     adversaries for conducting influence campaigns;
       (M) ability to implement and maintain safe cybersecurity 
     practices;
       (N) ability to mitigate cyber vulnerabilities;
       (O) ability to recognize cyber threats; and
       (P) ability to identify instances of online manipulation.
       (5) Reporting.--
       (A) Reports by eligible entities.--Not later than 1 year 
     after the date an eligible entity receives a grant funds 
     under this subsection, such eligible entity shall prepare and 
     submit to the Secretary a report describing the activities 
     the eligible entity carried out using the grant funds and the 
     effectiveness of those activities.

[[Page S3428]]

       (B) Report by the secretary.--Not later than 90 days after 
     the date on which the Secretary receives a report under 
     subparagraph (A) from the last eligible entity receiving a 
     grant under this subsection and required to submit a report 
     under such subparagraph, the Secretary shall submit to 
     Congress a report describing the activities carried out under 
     this subsection and the effectiveness of those activities.
       (6) Sense of congress.--It is the sense of Congress that--
       (A) the Secretary should establish and maintain a list of--
       (i) eligible entities that receive a grant under this 
     subsection; and
       (ii) the individuals designated by those eligible entities 
     as participating individuals; and
       (B) the Secretary should make such list available to those 
     eligible entities and participating individuals in order to 
     promote communication and further exchange of information 
     regarding sound digital citizenship and media literacy 
     practices among recipients of a grant under this subsection.
       (7) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated to 
     carry out this subsection $20,000,000 for each of fiscal 
     years 2020, 2022, and 2024.
       (B) Supplement, not supplant.--Amounts appropriated 
     pursuant to subparagraph (A) shall supplement, not supplant, 
     amounts otherwise appropriated for the Department of Veterans 
     Affairs.
                                 ______
                                 
  SA 1948. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 593. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR 
                   MEMBERS OF THE ARMED FORCES OVERSEAS.

       (a) Study Required.--The Director of the Federal Voting 
     Assistance Program of the Department of Defense shall conduct 
     a study on means of improving access to voting for members of 
     the Armed Forces overseas.
       (b) Report.--Not later than September 30, 2022, the 
     Director shall submit to Congress a report on the results of 
     the study conducted under subsection (a). The report shall 
     include the following:
       (1) The results of a survey, undertaken for purposes of the 
     study, of Voting Assistance Officers and members of the Armed 
     Forces overseas on means of improving access to voting for 
     such members, including through the establishment of unit-
     level assistance mechanisms or permanent voting assistance 
     offices.
       (2) An estimate of the costs and requirements in connection 
     with an expansion of the number of Voting Assistance Officers 
     in order to fully meet the needs of members of the Armed 
     Forces overseas for access to voting.
       (3) A description and assessment of various actions to be 
     undertaken under the Federal Voting Assistance Program in 
     order to increase the capabilities of the Voting Assistance 
     Officer program.
       (c) Funding.--Of the amount authorized to be appropriated 
     for fiscal year 2021 for the Department of Defense by section 
     301 and available for operation and maintenance, Defense-wide 
     activities, as specified in the funding table in section 
     4301, $1,300,000 may be available for the study required by 
     subsection (a).
                                 ______
                                 
  SA 1949. Ms. KLOBUCHAR (for herself, Ms. Hirono, Ms. Baldwin, Mr. Van 
Hollen, Mrs. Shaheen, Ms. Smith, and Mr. Tester) submitted an amendment 
intended to be proposed by her to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   DIVISION _--SHIELD ACT PROVISIONS

     SEC. 100. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Stopping Harmful Interference in Elections for a Lasting 
     Democracy Act'' or the ``SHIELD Act''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

                   DIVISION _--SHIELD ACT PROVISIONS

Sec. 100. Short title; table of contents.

                TITLE I--ENHANCED REPORTING REQUIREMENTS

 Subtitle A--Establishing Duty To Report Foreign Election Interference

Sec. 101. Federal campaign reporting of foreign contacts.
Sec. 102. Federal campaign foreign contact reporting compliance system.
Sec. 103. Criminal penalties.
Sec. 104. Rule of construction.

  Subtitle B--Strengthening Oversight of Online Political Advertising

Sec. 111. Short title.
Sec. 112. Purpose.
Sec. 113. Expansion of definition of public communication.
Sec. 114. Expansion of definition of electioneering communication.
Sec. 115. Application of disclaimer statements to online 
              communications.
Sec. 116. Political record requirements for online platforms.
Sec. 117. Preventing contributions, expenditures, independent 
              expenditures, and disbursements for electioneering 
              communications by foreign nationals in the form of online 
              advertising.

 TITLE II--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

Sec. 201. Clarification of prohibition on participation by foreign 
              nationals in election-related activities.
Sec. 202. Clarification of application of foreign money ban to certain 
              disbursements and activities.
Sec. 203. Audit and report on illicit foreign money in Federal 
              elections.
Sec. 204. Prohibition on contributions and donations by foreign 
              nationals in connections with ballot initiatives and 
              referenda.
Sec. 205. Expansion of limitations on foreign nationals participating 
              in political advertising.

         TITLE III--DETERRING FOREIGN INTERFERENCE IN ELECTIONS

   Subtitle A--Deterrence Under Federal Election Campaign Act of 1971

Sec. 301. Restrictions on exchange of campaign information between 
              candidates and foreign powers.
Sec. 302. Clarification of standard for determining existence of 
              coordination between campaigns and outside interests.

   Subtitle B--Prohibiting Deceptive Practices and Preventing Voter 
                              Intimidation

Sec. 311. Short title.
Sec. 312. Prohibition on deceptive practices in Federal elections.
Sec. 313. Corrective action.
Sec. 314. Reports to Congress.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Effective dates of provisions.
Sec. 402. Severability.

                TITLE I--ENHANCED REPORTING REQUIREMENTS

 Subtitle A--Establishing Duty To Report Foreign Election Interference

     SEC. 101. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

       (a) Initial Notice.--
       (1) In general.--Section 304 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding 
     at the end the following new subsection:
       ``(j) Disclosure of Reportable Foreign Contacts.--
       ``(1) Committee obligation to notify.--Not later than 1 
     week after a reportable foreign contact, each political 
     committee shall notify the Federal Bureau of Investigation 
     and the Commission of the reportable foreign contact and 
     provide a summary of the circumstances with respect to such 
     reportable foreign contact.
       ``(2) Individual obligation to notify.--Not later than 3 
     days after a reportable foreign contact--
       ``(A) each candidate shall notify the treasurer or other 
     designated official of the principal campaign committee of 
     such candidate of the reportable foreign contact and provide 
     a summary of the circumstances with respect to such 
     reportable foreign contact; and
       ``(B) each official, employee, or agent of a political 
     committee shall notify the treasurer or other designated 
     official of the committee of the reportable foreign contact 
     and provide a summary of the circumstances with respect to 
     such reportable foreign contact.
       ``(3) Reportable foreign contact.--In this subsection:
       ``(A) In general.--The term `reportable foreign contact' 
     means any direct or indirect contact or communication that--
       ``(i) is between--

       ``(I) a candidate, a political committee, or any official, 
     employee, or agent of such committee; and
       ``(II) an individual that the person described in subclause 
     (I) knows, has reason to know, or reasonably believes is a 
     covered foreign national; and

       ``(ii) the person described in clause (i)(I) knows, has 
     reason to know, or reasonably believes involves--

       ``(I) an offer or other proposal for a contribution, 
     donation, expenditure, disbursement, or solicitation 
     described in section 319; or
       ``(II) coordination or collaboration with, an offer or 
     provision of information or services to or from, or 
     persistent and repeated contact with, a covered foreign 
     national in connection with an election.

       ``(B) Exception.--The term `reportable foreign contact' 
     shall not include any contact or communication with a covered 
     foreign national by an elected official or an employee of an 
     elected official solely in an official capacity as such an 
     official or employee. For purposes of the previous sentence, 
     a contact or communication by an elected official or an 
     employee of an elected official shall not be considered to be 
     made solely in an official

[[Page S3429]]

     capacity if the contact or communication involves a 
     contribution, donation, expenditure, disbursement, or 
     solicitation described in section 319.
       ``(C) Covered foreign national defined.--
       ``(i) In general.--In this paragraph, the term `covered 
     foreign national' means--

       ``(I) a foreign principal (as defined in section 1(b) of 
     the Foreign Agents Registration Act of 1938 (22 U.S.C. 
     611(b)) that is a government of a foreign country or a 
     foreign political party;
       ``(II) any person who acts as an agent, representative, 
     employee, or servant, or any person who acts in any other 
     capacity at the order, request, or under the direction or 
     control, of a foreign principal described in subclause (I) or 
     of a person any of whose activities are directly or 
     indirectly supervised, directed, controlled, financed, or 
     subsidized in whole or in major part by a foreign principal 
     described in subclause (I); or
       ``(III) any person included in the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury pursuant to authorities relating to the imposition 
     of sanctions relating to the conduct of a foreign principal 
     described in subclause (I).

       ``(ii) Clarification regarding application to citizens of 
     the united states.--In the case of a citizen of the United 
     States, subclause (II) of clause (i) applies only to the 
     extent that the person involved acts within the scope of that 
     person's status as the agent of a foreign principal described 
     in subclause (I) of clause (i).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to reportable foreign contacts which 
     occur on or after the date of the enactment of this Act.
       (b) Information Included on Report.--
       (1) In general.--Section 304(b) of such Act (52 U.S.C. 
     30104(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(9) for any reportable foreign contact (as defined in 
     subsection (j)(3))--
       ``(A) the date, time, and location of the contact;
       ``(B) the date and time of when a designated official of 
     the committee was notified of the contact;
       ``(C) the identity of individuals involved; and
       ``(D) a description of the contact, including the nature of 
     any contribution, donation, expenditure, disbursement, or 
     solicitation involved and the nature of any activity 
     described in subsection (j)(3)(A)(ii)(II) involved.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to reports filed on or after the 
     expiration of the 60-day period which begins on the date of 
     the enactment of this Act.

     SEC. 102. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING 
                   COMPLIANCE SYSTEM.

       (a) In General.--Section 302 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding 
     at the end the following new subsection:
       ``(j) Reportable Foreign Contacts Compliance Policy.--
       ``(1) Reporting.--Each political committee shall establish 
     a policy that requires all officials, employees, and agents 
     of such committee to notify the treasurer or other 
     appropriate designated official of the committee of any 
     reportable foreign contact (as defined in section 304(j)) not 
     later than 3 days after such contact was made.
       ``(2) Retention and preservation of records.--Each 
     political committee shall establish a policy that provides 
     for the retention and preservation of records and information 
     related to reportable foreign contacts (as so defined) for a 
     period of not less than 3 years.
       ``(3) Certification.--
       ``(A) In general.--Upon filing its statement of 
     organization under section 303(a), and with each report filed 
     under section 304(a), the treasurer of each political 
     committee (other than an authorized committee) shall certify 
     that--
       ``(i) the committee has in place policies that meet the 
     requirements of paragraphs (1) and (2);
       ``(ii) the committee has designated an official to monitor 
     compliance with such policies; and
       ``(iii) not later than 1 week after the beginning of any 
     formal or informal affiliation with the committee, all 
     officials, employees, and agents of such committee will--

       ``(I) receive notice of such policies;
       ``(II) be informed of the prohibitions under section 319; 
     and
       ``(III) sign a certification affirming their understanding 
     of such policies and prohibitions.

       ``(B) Authorized committees.--With respect to an authorized 
     committee, the candidate shall make the certification 
     required under subparagraph (A).''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to political committees which file a 
     statement of organization under section 303(a) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or 
     after the date of the enactment of this Act.
       (2) Transition rule for existing committees.--Not later 
     than 30 days after the date of the enactment of this Act, 
     each political committee under the Federal Election Campaign 
     Act of 1971 shall file a certification with the Federal 
     Election Commission that the committee is in compliance with 
     the requirements of section 302(j) of such Act (as added by 
     subsection (a)).

     SEC. 103. CRIMINAL PENALTIES.

       Section 309(d)(1) of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end 
     the following new subparagraphs:
       ``(E) Any person who knowingly and willfully commits a 
     violation of subsection (j) or (b)(9) of section 304 or 
     section 302(j) shall be fined not more than $500,000, 
     imprisoned not more than 5 years, or both.
       ``(F) Any person who knowingly and willfully conceals or 
     destroys any materials relating to a reportable foreign 
     contact (as defined in section 304(j)) shall be fined not 
     more than $1,000,000, imprisoned not more than 5 years, or 
     both.''.

     SEC. 104. RULE OF CONSTRUCTION.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall be construed--
       (1) to impede legitimate journalistic activities; or
       (2) to impose any additional limitation on the right to 
     express political views or to participate in public discourse 
     of any individual who--
       (A) resides in the United States;
       (B) is not a citizen of the United States or 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)); and
       (C) is not lawfully admitted for permanent residence, as 
     defined by section 101(a)(20) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(20)).

  Subtitle B--Strengthening Oversight of Online Political Advertising

     SEC. 111. SHORT TITLE.

       This subtitle may be cited as the ``Honest Ads Act''.

     SEC. 112. PURPOSE.

       The purpose of this subtitle is to enhance the integrity of 
     American democracy and national security by improving 
     disclosure requirements for online political advertisements 
     in order to uphold the Supreme Court's well-established 
     standard that the electorate bears the right to be fully 
     informed.

     SEC. 113. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

       (a) In General.--Paragraph (22) of section 301 of the 
     Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) 
     is amended by striking ``or satellite communication'' and 
     inserting ``satellite, paid internet, or paid digital 
     communication''.
       (b) Treatment of Contributions and Expenditures.--Section 
     301 of such Act (52 U.S.C. 30101) is amended--
       (1) in paragraph (8)(B)--
       (A) by striking ``on broadcasting stations, or in 
     newspapers, magazines, or similar types of general public 
     political advertising'' in clause (v) and inserting ``in any 
     public communication'';
       (B) by striking ``broadcasting, newspaper, magazine, 
     billboard, direct mail, or similar type of general public 
     communication or political advertising'' in clause (ix)(1) 
     and inserting ``public communication''; and
       (C) by striking ``but not including the use of 
     broadcasting, newspapers, magazines, billboards, direct mail, 
     or similar types of general public communication or political 
     advertising'' in clause (x) and inserting ``but not including 
     use in any public communication''; and
       (2) in paragraph (9)(B)--
       (A) by amending clause (i) to read as follows:
       ``(i) any news story, commentary, or editorial distributed 
     through the facilities of any broadcasting station or any 
     print, online, or digital newspaper, magazine, blog, 
     publication, or periodical, unless such broadcasting, print, 
     online, or digital facilities are owned or controlled by any 
     political party, political committee, or candidate;''; and
       (B) in clause (iv), by striking ``on broadcasting stations, 
     or in newspapers, magazines, or similar types of general 
     public political advertising'' and inserting ``in any public 
     communication''.
       (c) Disclosure and Disclaimer Statements.--Subsection (a) 
     of section 318 of such Act (52 U.S.C. 30120) is amended--
       (1) by striking ``financing any communication through any 
     broadcasting station, newspaper, magazine, outdoor 
     advertising facility, mailing, or any other type of general 
     public political advertising'' and inserting ``financing any 
     public communication''; and
       (2) by striking ``solicits any contribution through any 
     broadcasting station, newspaper, magazine, outdoor 
     advertising facility, mailing, or any other type of general 
     public political advertising'' and inserting ``solicits any 
     contribution through any public communication''.

     SEC. 114. EXPANSION OF DEFINITION OF ELECTIONEERING 
                   COMMUNICATION.

       (a) Expansion to Online Communications.--
       (1) Application to qualified internet and digital 
     communications.--
       (A) In general.--Subparagraph (A) of section 304(f)(3) of 
     the Federal Election Campaign Act of 1971 (52 U.S.C. 
     30104(f)(3)(A)) is amended by striking ``or satellite 
     communication'' each place it appears in clauses (i) and (ii) 
     and inserting ``satellite, or qualified internet or digital 
     communication''.

[[Page S3430]]

       (B) Qualified internet or digital communication.--Paragraph 
     (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is 
     amended by adding at the end the following new subparagraph:
       ``(D) Qualified internet or digital communication.--The 
     term `qualified internet or digital communication' means any 
     communication which is placed or promoted for a fee on an 
     online platform (as defined in subsection (k)(3)).''.
       (2) Nonapplication of relevant electorate to online 
     communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 
     U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any 
     broadcast, cable, or satellite'' before ``communication''.
       (3) News exemption.--Section 304(f)(3)(B)(i) of such Act 
     (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
       ``(i) a communication appearing in a news story, 
     commentary, or editorial distributed through the facilities 
     of any broadcasting station or any online or digital 
     newspaper, magazine, blog, publication, or periodical, unless 
     such broadcasting, online, or digital facilities are owned or 
     controlled by any political party, political committee, or 
     candidate;''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to communications made on or after 
     January 1, 2021.

     SEC. 115. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
                   COMMUNICATIONS.

       (a) Clear and Conspicuous Manner Requirement.--Subsection 
     (a) of section 318 of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30120(a)) is amended--
       (1) by striking ``shall clearly state'' each place it 
     appears in paragraphs (1), (2), and (3) and inserting ``shall 
     state in a clear and conspicuous manner''; and
       (2) by adding at the end the following flush sentence: 
     ``For purposes of this section, a communication does not make 
     a statement in a clear and conspicuous manner if it is 
     difficult to read or hear or if the placement is easily 
     overlooked.''.
       (b) Special Rules for Qualified Internet or Digital 
     Communications.--
       (1) In general.--Section 318 of such Act (52 U.S.C. 30120) 
     is amended by adding at the end the following new subsection:
       ``(e) Special Rules for Qualified Internet or Digital 
     Communications.--
       ``(1) Special rules with respect to statements.--In the 
     case of any communication to which this section applies which 
     is a qualified internet or digital communication (as defined 
     in section 304(f)(3)(D)) which is disseminated through a 
     medium in which the provision of all of the information 
     specified in this section is not possible, the communication 
     shall, in a clear and conspicuous manner--
       ``(A) state the name of the person who paid for the 
     communication; and
       ``(B) provide a means for the recipient of the 
     communication to obtain the remainder of the information 
     required under this section with minimal effort and without 
     receiving or viewing any additional material other than such 
     required information.
       ``(2) Safe harbor for determining clear and conspicuous 
     manner.--A statement in a qualified internet or digital 
     communication (as defined in section 304(f)(3)(D)) shall be 
     considered to be made in a clear and conspicuous manner as 
     provided in subsection (a) if the communication meets the 
     following requirements:
       ``(A) Text or graphic communications.--In the case of a 
     text or graphic communication, the statement--
       ``(i) appears in letters at least as large as the majority 
     of the text in the communication; and
       ``(ii) meets the requirements of paragraphs (2) and (3) of 
     subsection (c).
       ``(B) Audio communications.--In the case of an audio 
     communication, the statement is spoken in a clearly audible 
     and intelligible manner at the beginning or end of the 
     communication and lasts at least 3 seconds.
       ``(C) Video communications.--In the case of a video 
     communication which also includes audio, the statement--
       ``(i) is included at either the beginning or the end of the 
     communication; and
       ``(ii) is made both in--

       ``(I) a written format that meets the requirements of 
     subparagraph (A) and appears for at least 4 seconds; and
       ``(II) an audible format that meets the requirements of 
     subparagraph (B).

       ``(D) Other communications.--In the case of any other type 
     of communication, the statement is at least as clear and 
     conspicuous as the statement specified in subparagraph (A), 
     (B), or (C).''.
       (2) Nonapplication of certain exceptions.--The exceptions 
     provided in section 110.11(f)(1)(i) and (ii) of title 11, 
     Code of Federal Regulations, or any successor to such rules, 
     shall have no application to qualified internet or digital 
     communications (as defined in section 304(f)(3)(D) of the 
     Federal Election Campaign Act of 1971, as added by this Act).
       (c) Modification of Additional Requirements for Certain 
     Communications.--Section 318(d) of such Act (52 U.S.C. 
     30120(d)) is amended--
       (1) in paragraph (1)(A)--
       (A) by striking ``which is transmitted through radio'' and 
     inserting ``which is in an audio format''; and
       (B) by striking ``By radio'' in the heading and inserting 
     ``Audio format'';
       (2) in paragraph (1)(B)--
       (A) by striking ``which is transmitted through television'' 
     and inserting ``which is in video format''; and
       (B) by striking ``By television'' in the heading and 
     inserting ``Video format''; and
       (3) in paragraph (2)--
       (A) by striking ``transmitted through radio or television'' 
     and inserting ``made in audio or video format''; and
       (B) by striking ``through television'' in the second 
     sentence and inserting ``in video format''.

     SEC. 116. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 
     101(a), is further amended by adding at the end the following 
     new subsection:
       ``(k) Disclosure of Certain Online Advertisements.--
       ``(1) In general.--
       ``(A) Requirements for online platforms.--An online 
     platform shall maintain, and make available for online public 
     inspection in machine readable format, a complete record of 
     any request to purchase on such online platform a qualified 
     political advertisement which is made by a person whose 
     aggregate requests to purchase qualified political 
     advertisements on such online platform during the calendar 
     year exceeds $500.
       ``(B) Requirements for advertisers.--Any person who 
     requests to purchase a qualified political advertisement on 
     an online platform shall provide the online platform with 
     such information as is necessary for the online platform to 
     comply with the requirements of subparagraph (A).
       ``(2) Contents of record.--A record maintained under 
     paragraph (1)(A) shall contain--
       ``(A) a digital copy of the qualified political 
     advertisement;
       ``(B) a description of the audience targeted by the 
     advertisement, the number of views generated from the 
     advertisement, and the date and time that the advertisement 
     is first displayed and last displayed; and
       ``(C) information regarding--
       ``(i) the average rate charged for the advertisement;
       ``(ii) the name of the candidate to which the advertisement 
     refers and the office to which the candidate is seeking 
     election, the election to which the advertisement refers, or 
     the national legislative issue to which the advertisement 
     refers (as applicable);
       ``(iii) in the case of a request made by, or on behalf of, 
     a candidate, the name of the candidate, the authorized 
     committee of the candidate, and the treasurer of such 
     committee; and
       ``(iv) in the case of any request not described in clause 
     (iii), the name of the person purchasing the advertisement, 
     the name, address, and phone number of a contact person for 
     such person, and a list of the chief executive officers or 
     members of the executive committee or of the board of 
     directors of such person.
       ``(3) Online platform.--For purposes of this subsection, 
     the term `online platform' means any public-facing website, 
     web application, or digital application (including a social 
     network, ad network, or search engine) which--
       ``(A) sells qualified political advertisements; and
       ``(B) has 50,000,000 or more unique monthly United States 
     visitors or users for a majority of months during the 
     preceding 12 months.
       ``(4) Qualified political advertisement.--For purposes of 
     this subsection, the term `qualified political advertisement' 
     means any advertisement (including search engine marketing, 
     display advertisements, video advertisements, native 
     advertisements, and sponsorships) that--
       ``(A) is made by or on behalf of a candidate; or
       ``(B) communicates a message relating to any political 
     matter of national importance, including--
       ``(i) a candidate;
       ``(ii) any election to Federal office; or
       ``(iii) a national legislative issue of public importance.
       ``(5) Time to maintain file.--The information required 
     under this subsection shall be made available as soon as 
     possible and shall be retained by the online platform for a 
     period of not less than 4 years.
       ``(6) Penalties.--For penalties for failure by online 
     platforms, and persons requesting to purchase a qualified 
     political advertisement on online platforms, to comply with 
     the requirements of this subsection, see section 309.''.
       (b) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this Act, the Federal Election Commission 
     shall establish rules--
       (1) requiring common data formats for the record required 
     to be maintained under section 304(k) of the Federal Election 
     Campaign Act of 1971 (as added by subsection (a)) so that all 
     online platforms submit and maintain data online in a common, 
     machine-readable and publicly accessible format; and
       (2) establishing search interface requirements relating to 
     such record, including searches by candidate name, issue, 
     purchaser, and date.
       (c) Reporting.--Not later than 2 years after the date of 
     the enactment of this Act, and biannually thereafter, the 
     Chairman of the Federal Election Commission shall submit a 
     report to Congress on--

[[Page S3431]]

       (1) matters relating to compliance with and the enforcement 
     of the requirements of section 304(k) of the Federal Election 
     Campaign Act of 1971, as added by subsection (a);
       (2) recommendations for any modifications to such section 
     to assist in carrying out its purposes; and
       (3) identifying ways to bring transparency and 
     accountability to political advertisements distributed online 
     for free.

     SEC. 117. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT 
                   EXPENDITURES, AND DISBURSEMENTS FOR 
                   ELECTIONEERING COMMUNICATIONS BY FOREIGN 
                   NATIONALS IN THE FORM OF ONLINE ADVERTISING.

       Section 319 of the Federal Election Campaign Act of 1971 
     (52 U.S.C. 30121) is amended by adding at the end the 
     following new subsection:
       ``(c) Each television or radio broadcast station, provider 
     of cable or satellite television, or online platform (as 
     defined in section 304(j)(3)) shall make reasonable efforts 
     to ensure that communications described in section 318(a) and 
     made available by such station, provider, or platform are not 
     purchased by a foreign national, directly or indirectly.''.

 TITLE II--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

     SEC. 201. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY 
                   FOREIGN NATIONALS IN ELECTION-RELATED 
                   ACTIVITIES.

       (a) Clarification of Prohibition.--Section 319(a) of the 
     Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is 
     amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) a foreign national to direct, dictate, control, or 
     directly or indirectly participate in the decision-making 
     process of any person (including a corporation, labor 
     organization, political committee, or political organization) 
     with regard to such person's Federal or non-Federal election-
     related activity, including any decision concerning the 
     making of contributions, donations, expenditures, or 
     disbursements in connection with an election for any Federal, 
     State, or local office or any decision concerning the 
     administration of a political committee.''.
       (b) Certification of Compliance.--Section 319 of such Act 
     (52 U.S.C. 30121), as amended by section 117, is further 
     amended by adding at the end the following new subsection:
       ``(d) Certification of Compliance Required Prior to 
     Carrying Out Activity.--Prior to the making in connection 
     with an election for Federal office of any contribution, 
     donation, expenditure, independent expenditure, or 
     disbursement for an electioneering communication by a 
     corporation, limited liability corporation, or partnership 
     during a year, the chief executive officer of the 
     corporation, limited liability corporation, or partnership 
     (or, if the corporation, limited liability corporation, or 
     partnership does not have a chief executive officer, the 
     highest ranking official of the corporation, limited 
     liability corporation, or partnership), shall file a 
     certification with the Commission, under penalty of perjury, 
     that a foreign national did not direct, dictate, control, or 
     directly or indirectly participate in the decision-making 
     process relating to such activity in violation of subsection 
     (a)(3), unless the chief executive officer has previously 
     filed such a certification during that calendar year.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect upon the expiration of the 180-day period 
     which begins on the date of the enactment of this Act.

     SEC. 202. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN 
                   TO CERTAIN DISBURSEMENTS AND ACTIVITIES.

       (a) Application to Disbursements to Super PACs.--Section 
     319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 
     U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon 
     and inserting the following: ``, including any disbursement 
     to a political committee which accepts donations or 
     contributions that do not comply with the limitations, 
     prohibitions, and reporting requirements of this Act (or any 
     disbursement to or on behalf of any account of a political 
     committee which is established for the purpose of accepting 
     such donations or contributions);''.
       (b) Conditions Under Which Corporate PACs May Make 
     Contributions and Expenditures.--Section 316(b) of such Act 
     (52 U.S.C. 30118(b)) is amended by adding at the end the 
     following new paragraph:
       ``(8) A separate segregated fund established by a 
     corporation may not make a contribution or expenditure during 
     a year unless the fund has certified to the Commission the 
     following during the year:
       ``(A) Each individual who manages the fund, and who is 
     responsible for exercising decision-making authority for the 
     fund, is a citizen of the United States or is lawfully 
     admitted for permanent residence in the United States.
       ``(B) No foreign national under section 319 participates in 
     any way in the decision-making processes of the fund with 
     regard to contributions or expenditures under this Act.
       ``(C) The fund does not solicit or accept recommendations 
     from any foreign national under section 319 with respect to 
     the contributions or expenditures made by the fund.
       ``(D) Any member of the board of directors of the 
     corporation who is a foreign national under section 319 
     abstains from voting on matters concerning the fund or its 
     activities.''.

     SEC. 203. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN 
                   FEDERAL ELECTIONS.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting 
     after section 319 the following new section:

     ``SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN 
                   NATIONALS.

       ``(a) Audit.--
       ``(1) In general.--The Commission shall conduct an audit 
     after each Federal election cycle to determine the incidence 
     of illicit foreign money in such Federal election cycle.
       ``(2) Procedures.--In carrying out paragraph (1), the 
     Commission shall conduct random audits of any disbursements 
     required to be reported under this Act, in accordance with 
     procedures established by the Commission.
       ``(b) Report.--Not later than 180 days after the end of 
     each Federal election cycle, the Commission shall submit to 
     Congress a report containing--
       ``(1) results of the audit required by subsection (a)(1); 
     and
       ``(2) recommendations to address the presence of illicit 
     foreign money in elections, as appropriate.
       ``(c) Definitions.--As used in this section:
       ``(1) The term `Federal election cycle' means the period 
     which begins on the day after the date of a regularly 
     scheduled general election for Federal office and which ends 
     on the date of the first regularly scheduled general election 
     for Federal office held after such date.
       ``(2) The term `illicit foreign money' means any 
     disbursement by a foreign national (as defined in section 
     319(b)) prohibited under such section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to the Federal election cycle that 
     began during November 2018, and each succeeding Federal 
     election cycle.

     SEC. 204. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY 
                   FOREIGN NATIONALS IN CONNECTIONS WITH BALLOT 
                   INITIATIVES AND REFERENDA.

       (a) In General.--Section 319(a)(1)(A) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 
     amended by striking ``election'' and inserting the following: 
     ``election, including a State or local ballot initiative or 
     referendum''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to elections held in 2021 or any 
     succeeding year.

     SEC. 205. EXPANSION OF LIMITATIONS ON FOREIGN NATIONALS 
                   PARTICIPATING IN POLITICAL ADVERTISING.

       (a) Disbursements Described.--Section 319(a)(1) of the 
     Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) 
     is amended--
       (1) by striking ``or'' at the end of subparagraph (B); and
       (2) by striking subparagraph (C) and inserting the 
     following:
       ``(C) an expenditure;
       ``(D) an independent expenditure;
       ``(E) a disbursement for an electioneering communication 
     (within the meaning of section 304(f)(3));
       ``(F) a disbursement for a communication which is placed or 
     promoted for a fee on a website, web application, or digital 
     application that refers to a clearly identified candidate for 
     election for Federal office and is disseminated within 60 
     days before a general, special, or runoff election for the 
     office sought by the candidate or 30 days before a primary or 
     preference election, or a convention or caucus of a political 
     party that has authority to nominate a candidate for the 
     office sought by the candidate;
       ``(G) a disbursement for a broadcast, cable or satellite 
     communication, or for a communication which is placed or 
     promoted for a fee on a website, web application, or digital 
     application, that promotes, supports, attacks, or opposes the 
     election of a clearly identified candidate for Federal, 
     State, or local office (regardless of whether the 
     communication contains express advocacy or the functional 
     equivalent of express advocacy);
       ``(H) a disbursement for a broadcast, cable, or satellite 
     communication, or for any communication which is placed or 
     promoted for a fee on an online platform (as defined in 
     section 304(k)(3)), that discusses a national legislative 
     issue of public importance in a year in which a regularly 
     scheduled general election for Federal office is held, but 
     only if the disbursement is made by a covered foreign 
     national described in section 304(j)(3)(C); or
       ``(I) a disbursement by a covered foreign national 
     described in section 304(j)(3)(C) to compensate any person 
     for internet activity that promotes, supports, attacks, or 
     opposes the election of a clearly identified candidate for 
     Federal, State, or local office (regardless of whether the 
     activity communication contains express advocacy or the 
     functional equivalent of express advocacy);''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to disbursements made on or after 
     the date of the enactment of this Act.

[[Page S3432]]

  


         TITLE III--DETERRING FOREIGN INTERFERENCE IN ELECTIONS

   Subtitle A--Deterrence Under Federal Election Campaign Act of 1971

     SEC. 301. RESTRICTIONS ON EXCHANGE OF CAMPAIGN INFORMATION 
                   BETWEEN CANDIDATES AND FOREIGN POWERS.

       Section 319 of the Federal Election Campaign Act of 1971 
     (52 U.S.C. 30121), as amended by section 117 and section 
     201(b), is further amended by adding at the end the following 
     new subsection:
       ``(e) Restrictions on Exchange of Information Between 
     Candidates and Foreign Powers.--
       ``(1) Treatment of offer to share nonpublic campaign 
     material as solicitation of contribution from foreign 
     national.--If a candidate or an individual affiliated with 
     the campaign of a candidate, or if a political committee or 
     an individual affiliated with a political committee, provides 
     or offers to provide nonpublic campaign material to a covered 
     foreign national or to another person whom the candidate, 
     committee, or individual knows or has reason to know will 
     provide the material to a covered foreign national, the 
     candidate, committee, or individual (as the case may be) 
     shall be considered for purposes of this section to have 
     solicited a contribution or donation described in subsection 
     (a)(1)(A) from a foreign national.
       ``(2) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) The term `candidate' means an individual who seeks 
     nomination for, or election to, any Federal, State, or local 
     public office.
       ``(B) The term `covered foreign national' has the meaning 
     given such term in section 304(j)(3)(C).
       ``(C) The term `individual affiliated with a campaign' 
     means, with respect to a candidate, an employee of any 
     organization legally authorized under Federal, State, or 
     local law to support the candidate's campaign for nomination 
     for, or election to, any Federal, State, or local public 
     office, as well as any independent contractor of such an 
     organization and any individual who performs services on 
     behalf of the organization, whether paid or unpaid.
       ``(D) The term `individual affiliated with a political 
     committee' means, with respect to a political committee, an 
     employee of the committee as well as any independent 
     contractor of the committee and any individual who performs 
     services on behalf of the committee, whether paid or unpaid.
       ``(E) The term `nonpublic campaign material' means, with 
     respect to a candidate or a political committee, campaign 
     material that is produced by the candidate or the committee 
     or produced at the candidate or committee's expense or 
     request which is not distributed or made available to the 
     general public or otherwise in the public domain, including 
     polling and focus group data and opposition research, except 
     that such term does not include material produced for 
     purposes of consultations relating solely to the candidate's 
     or committee's position on a legislative or policy matter.''.

     SEC. 302. CLARIFICATION OF STANDARD FOR DETERMINING EXISTENCE 
                   OF COORDINATION BETWEEN CAMPAIGNS AND OUTSIDE 
                   INTERESTS.

       Section 315(a) of the Federal Election Campaign Act of 1971 
     (52 U.S.C. 30116(a)) is amended by adding at the end the 
     following new paragraph:
       ``(10) For purposes of paragraph (7), an expenditure or 
     disbursement may be considered to have been made in 
     cooperation, consultation, or concert with, or coordinated 
     with, a person without regard to whether or not the 
     cooperation, consultation, or coordination is carried out 
     pursuant to agreement or formal collaboration.''.

   Subtitle B--Prohibiting Deceptive Practices and Preventing Voter 
                              Intimidation

     SEC. 311. SHORT TITLE.

       This subtitle may be cited as the ``Deceptive Practices and 
     Voter Intimidation Prevention Act of 2020''.

     SEC. 312. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL 
                   ELECTIONS.

       (a) Prohibition.--Subsection (b) of section 2004 of the 
     Revised Statutes (52 U.S.C. 10101(b)) is amended--
       (1) by striking ``No person'' and inserting the following:
       ``(1) In general.--No person''; and
       (2) by inserting at the end the following new paragraphs:
       ``(2) False statements regarding federal elections.--
       ``(A) Prohibition.--No person, whether acting under color 
     of law or otherwise, shall, within 60 days before an election 
     described in paragraph (5), by any means, including by means 
     of written, electronic, or telephonic communications, 
     communicate or cause to be communicated information described 
     in subparagraph (B), or produce information described in 
     subparagraph (B) with the intent that such information be 
     communicated, if such person--
       ``(i) knows such information to be materially false; and
       ``(ii) has the intent to impede or prevent another person 
     from exercising the right to vote in an election described in 
     paragraph (5).
       ``(B) Information described.--Information is described in 
     this subparagraph if such information is regarding--
       ``(i) the time, place, or manner of holding any election 
     described in paragraph (5); or
       ``(ii) the qualifications for or restrictions on voter 
     eligibility for any such election, including--

       ``(I) any criminal penalties associated with voting in any 
     such election; or
       ``(II) information regarding a voter's registration status 
     or eligibility.

       ``(3) False statements regarding public endorsements.--
       ``(A) Prohibition.--No person, whether acting under color 
     of law or otherwise, shall, within 60 days before an election 
     described in paragraph (5), by any means, including by means 
     of written, electronic, or telephonic communications, 
     communicate, or cause to be communicated, a materially false 
     statement about an endorsement, if such person--
       ``(i) knows such statement to be false; and
       ``(ii) has the intent to impede or prevent another person 
     from exercising the right to vote in an election described in 
     paragraph (5).
       ``(B) Definition of `materially false'.--For purposes of 
     subparagraph (A), a statement about an endorsement is 
     `materially false' if, with respect to an upcoming election 
     described in paragraph (5)--
       ``(i) the statement states that a specifically named 
     person, political party, or organization has endorsed the 
     election of a specific candidate for a Federal office 
     described in such paragraph; and
       ``(ii) such person, political party, or organization has 
     not endorsed the election of such candidate.
       ``(4) Hindering, interfering with, or preventing voting or 
     registering to vote.--No person, whether acting under color 
     of law or otherwise, shall intentionally hinder, interfere 
     with, or prevent another person from voting, registering to 
     vote, or aiding another person to vote or register to vote in 
     an election described in paragraph (5).
       ``(5) Election described.--An election described in this 
     paragraph is any general, primary, run-off, or special 
     election held solely or in part for the purpose of nominating 
     or electing a candidate for the office of President, Vice 
     President, presidential elector, Member of the Senate, Member 
     of the House of Representatives, or Delegate or Commissioner 
     from a Territory or possession.''.
       (b) Private Right of Action.--
       (1) In general.--Subsection (c) of section 2004 of the 
     Revised Statutes (52 U.S.C. 10101(c)) is amended--
       (A) by striking ``Whenever any person'' and inserting the 
     following:
       ``(1) Whenever any person''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Any person aggrieved by a violation of subsection 
     (b)(2), (b)(3), or (b)(4) may institute a civil action for 
     preventive relief, including an application in a United 
     States district court for a permanent or temporary 
     injunction, restraining order, or other order. In any such 
     action, the court, in its discretion, may allow the 
     prevailing party a reasonable attorney's fee as part of the 
     costs.''.
       (2) Conforming amendments.--
       (A) Subsection (e) of section 2004 of the Revised Statutes 
     (52 U.S.C. 10101(e)) is amended by striking ``subsection 
     (c)'' and inserting ``subsection (c)(1)''.
       (B) Subsection (g) of section 2004 of the Revised Statutes 
     (52 U.S.C. 10101(g)) is amended by striking ``subsection 
     (c)'' and inserting ``subsection (c)(1)''.
       (c) Criminal Penalties.--
       (1) Deceptive acts.--Section 594 of title 18, United States 
     Code, is amended--
       (A) by striking ``Whoever'' and inserting the following:
       ``(a) Intimidation.--Whoever'';
       (B) in subsection (a), as inserted by subparagraph (A), by 
     striking ``at any election'' and inserting ``at any general, 
     primary, run-off, or special election''; and
       (C) by adding at the end the following new subsections:
       ``(b) Deceptive Acts.--
       ``(1) False statements regarding federal elections.--
       ``(A) Prohibition.--It shall be unlawful for any person, 
     whether acting under color of law or otherwise, within 60 
     days before an election described in subsection (e), by any 
     means, including by means of written, electronic, or 
     telephonic communications, to communicate or cause to be 
     communicated information described in subparagraph (B), or 
     produce information described in subparagraph (B) with the 
     intent that such information be communicated, if such 
     person--
       ``(i) knows such information to be materially false; and
       ``(ii) has the intent to mislead voters, or the intent to 
     impede or prevent another person from exercising the right to 
     vote in an election described in subsection (e).
       ``(B) Information described.--Information is described in 
     this subparagraph if such information is regarding--
       ``(i) the time or place of holding any election described 
     in subsection (e); or
       ``(ii) the qualifications for or restrictions on voter 
     eligibility for any such election, including--

       ``(I) any criminal penalties associated with voting in any 
     such election; or
       ``(II) information regarding a voter's registration status 
     or eligibility.

       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined not more than $100,000, imprisoned for not more than 
     5 years, or both.
       ``(c) Hindering, Interfering With, or Preventing Voting or 
     Registering To Vote.--
       ``(1) Prohibition.--It shall be unlawful for any person, 
     whether acting under color of law or otherwise, to 
     intentionally hinder, interfere with, or prevent another 
     person

[[Page S3433]]

     from voting, registering to vote, or aiding another person to 
     vote or register to vote in an election described in 
     subsection (e).
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined not more than $100,000, imprisoned for not more than 
     5 years, or both.
       ``(d) Attempt.--Any person who attempts to commit any 
     offense described in subsection (a), (b)(1), or (c)(1) shall 
     be subject to the same penalties as those prescribed for the 
     offense that the person attempted to commit.
       ``(e) Election Described.--An election described in this 
     subsection is any general, primary, run-off, or special 
     election held solely or in part for the purpose of nominating 
     or electing a candidate for the office of President, Vice 
     President, presidential elector, Member of the Senate, Member 
     of the House of Representatives, or Delegate or Commissioner 
     from a Territory or possession.''.
       (2) Modification of penalty for voter intimidation.--
     Section 594(a) of title 18, United States Code, as amended by 
     paragraph (1), is amended by striking ``fined under this 
     title or imprisoned not more than one year'' and inserting 
     ``fined not more than $100,000, imprisoned for not more than 
     5 years''.
       (3) Sentencing guidelines.--
       (A) Review and amendment.--Not later than 180 days after 
     the date of enactment of this Act, the United States 
     Sentencing Commission, pursuant to its authority under 
     section 994 of title 28, United States Code, and in 
     accordance with this section, shall review and, if 
     appropriate, amend the Federal sentencing guidelines and 
     policy statements applicable to persons convicted of any 
     offense under section 594 of title 18, United States Code, as 
     amended by this section.
       (B) Authorization.--The United States Sentencing Commission 
     may amend the Federal Sentencing Guidelines in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note) as though the 
     authority under that section had not expired.
       (4) Payments for refraining from voting.--Subsection (c) of 
     section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) 
     is amended by striking ``either for registration to vote or 
     for voting'' and inserting ``for registration to vote, for 
     voting, or for not voting''.

     SEC. 313. CORRECTIVE ACTION.

       (a) Corrective Action.--
       (1) In general.--If the Attorney General receives a 
     credible report that materially false information has been or 
     is being communicated in violation of paragraphs (2) and (3) 
     of section 2004(b) of the Revised Statutes (52 U.S.C. 
     10101(b)), as added by section 312(a), and if the Attorney 
     General determines that State and local election officials 
     have not taken adequate steps to promptly communicate 
     accurate information to correct the materially false 
     information, the Attorney General shall, pursuant to the 
     written procedures and standards under subsection (b), 
     communicate to the public, by any means, including by means 
     of written, electronic, or telephonic communications, 
     accurate information designed to correct the materially false 
     information.
       (2) Communication of corrective information.--Any 
     information communicated by the Attorney General under 
     paragraph (1)--
       (A) shall--
       (i) be accurate and objective;
       (ii) consist of only the information necessary to correct 
     the materially false information that has been or is being 
     communicated; and
       (iii) to the extent practicable, be by a means that the 
     Attorney General determines will reach the persons to whom 
     the materially false information has been or is being 
     communicated; and
       (B) shall not be designed to favor or disfavor any 
     particular candidate, organization, or political party.
       (b) Written Procedures and Standards for Taking Corrective 
     Action.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall publish 
     written procedures and standards for determining when and how 
     corrective action will be taken under this section.
       (2) Inclusion of appropriate deadlines.--The procedures and 
     standards under paragraph (1) shall include appropriate 
     deadlines, based in part on the number of days remaining 
     before the upcoming election.
       (3) Consultation.--In developing the procedures and 
     standards under paragraph (1), the Attorney General shall 
     consult with the Election Assistance Commission, State and 
     local election officials, civil rights organizations, voting 
     rights groups, voter protection groups, and other interested 
     community organizations.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as may 
     be necessary to carry out this subtitle.

     SEC. 314. REPORTS TO CONGRESS.

       (a) In General.--Not later than 180 days after each general 
     election for Federal office, the Attorney General shall 
     submit to Congress a report compiling all allegations 
     received by the Attorney General of deceptive practices 
     described in paragraphs (2), (3), and (4) of section 2004(b) 
     of the Revised Statutes (52 U.S.C. 10101(b)), as added by 
     section 312(a), relating to the general election for Federal 
     office and any primary, run-off, or a special election for 
     Federal office held in the 2 years preceding the general 
     election.
       (b) Contents.--
       (1) In general.--Each report submitted under subsection (a) 
     shall include--
       (A) a description of each allegation of a deceptive 
     practice described in subsection (a), including the 
     geographic location, racial and ethnic composition, and 
     language minority-group membership of the persons toward whom 
     the alleged deceptive practice was directed;
       (B) the status of the investigation of each allegation 
     described in subparagraph (A);
       (C) a description of each corrective action taken by the 
     Attorney General under section 4(a) in response to an 
     allegation described in subparagraph (A);
       (D) a description of each referral of an allegation 
     described in subparagraph (A) to other Federal, State, or 
     local agencies;
       (E) to the extent information is available, a description 
     of any civil action instituted under section 2004(c)(2) of 
     the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by 
     section 312(b), in connection with an allegation described in 
     subparagraph (A); and
       (F) a description of any criminal prosecution instituted 
     under section 594 of title 18, United States Code, as amended 
     by section 3(c), in connection with the receipt of an 
     allegation described in subparagraph (A) by the Attorney 
     General.
       (2) Exclusion of certain information.--
       (A) In general.--The Attorney General shall not include in 
     a report submitted under subsection (a) any information 
     protected from disclosure by rule 6(e) of the Federal Rules 
     of Criminal Procedure or any Federal criminal statute.
       (B) Exclusion of certain other information.--The Attorney 
     General may determine that the following information shall 
     not be included in a report submitted under subsection (a):
       (i) Any information that is privileged.
       (ii) Any information concerning an ongoing investigation.
       (iii) Any information concerning a criminal or civil 
     proceeding conducted under seal.
       (iv) Any other nonpublic information that the Attorney 
     General determines the disclosure of which could reasonably 
     be expected to infringe on the rights of any individual or 
     adversely affect the integrity of a pending or future 
     criminal investigation.
       (c) Report Made Public.--On the date that the Attorney 
     General submits the report under subsection (a), the Attorney 
     General shall also make the report publicly available through 
     the internet and other appropriate means.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. EFFECTIVE DATES OF PROVISIONS.

       Each provision of this division and each amendment made by 
     a provision of this division shall take effect on the 
     effective date provided under this division for such 
     provision or such amendment without regard to whether or not 
     the Federal Election Commission, the Attorney General, or any 
     other person has promulgated regulations to carry out such 
     provision or such amendment.

     SEC. 402. SEVERABILITY.

       If any provision of this division or any amendment made by 
     this division, or the application of a provision of this 
     division or an amendment made by this division to any person 
     or circumstance, is held to be unconstitutional, the 
     remainder of this division, and the application of the 
     provisions to any person or circumstance, shall not be 
     affected by the holding.
                                 ______
                                 
  SA 1950. Ms. KLOBUCHAR (for herself and Mr. Wyden) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

         DIVISION E--NATIONAL DISASTER AND EMERGENCY BALLOT ACT

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Natural Disaster and 
     Emergency Ballot Act of 2020''.

     SEC. 102. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS 
                   IN RESPONSE TO NATURAL DISASTERS AND 
                   EMERGENCIES.

       (a) In General.--
       (1) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, each State and jurisdiction 
     shall establish and make publicly available a contingency 
     plan to enable qualified individuals (as defined in section 
     322(b) of the Help America Vote Act of 2002, as added by 
     section 105(a), to vote in elections for Federal office 
     during a state of emergency, public health emergency, or 
     national emergency which has been declared for reasons 
     including, but not limited to--
       (A) a natural disaster; or
       (B) an infectious disease.
       (2) Updating.--Each State and jurisdiction shall update the 
     contingency plan established under this subsection not less 
     frequently than every 5 years.
       (b) Requirements Relating to Safety.--
       (1) In general.--The contingency plan established under 
     subsection (a) shall include initiatives to provide equipment 
     and resources needed to protect the health and safety of 
     voters, pollworkers, and election

[[Page S3434]]

     workers when voting in person or by mail and throughout the 
     election process, which shall include--
       (A) the procurement and use of personal protective 
     equipment, sanitizing supplies and equipment, disinfecting 
     supplies and equipment, disposable voting equipment, and the 
     implementation of personal distancing guidelines; and
       (B) the use or implementation of any other equipment and 
     protocols which health experts have determined will protect 
     the health and safety of voters, pollworkers, and election 
     workers.
       (2) Minimum protocols.--The contingency plan established 
     under subsection (a) shall include plans to implement 
     relevant Centers for Disease Control and Prevention guidance 
     to protect the safety of voters, pollworkers, and election 
     workers throughout the entirety of the election process.
       (c) Requirements Relating to Recruitment of Poll Workers.--
     The contingency plan established under subsection (a) shall 
     include initiatives by the chief State election official and 
     local election officials to recruit poll workers for the 
     November, 2020, general election and subsequent elections 
     from resilient or unaffected populations, which may include--
       (1) other State and local government offices;
       (2) high schools and colleges in the State for the 
     November, 2020, general election and in subsequent elections 
     for Federal office in the case where an infectious disease 
     poses significant increased health risks to elderly 
     individuals and affects an election for Federal office; and
       (3) work-eligible non-citizens to satisfy the need for 
     bilingual poll workers, where language assistance is required 
     by law.
       (d) Requirements Relating to Public Education and 
     Information Campaigns.--The contingency plan established 
     under subsection (a) shall include initiatives by the chief 
     State election official and local election officials to 
     inform the public of all voting options and election dates 
     and counter any misinformation about voting options and 
     election dates.
       (e) Plan for Voters To Be Able To Request Absentee Ballots 
     Online and Vote by Mail.--The contingency plan established 
     under subsection (a) shall permit all individuals who are 
     registered to vote to--
       (1) submit an online request for an absentee ballot, which 
     requirement is satisfied if the local, county, or State 
     election official's website allows an absentee ballot request 
     application to be completed and submitted online and--
       (A) an absentee ballot request application to be printed 
     for the voter to complete and mail; or
       (B) a voter to submit an online request for a hard copy 
     absentee ballot request application to be mailed or emailed 
     to the voter to complete and mail;
       (2) return completed absentee ballot requests to designated 
     drop off boxes which are accessible to all voters on a 
     nondiscriminatory basis, including voters with disabilities, 
     accessible by public transportation, accessible during all 
     hours of the day, and such contingency plan shall ensure that 
     there are sufficient drop boxes in all communities, including 
     rural communities;
       (3) cast a vote in elections for Federal office by mail; 
     and
       (4) return completed absentee ballots by dropping them off 
     at designated locations before the close of polls on the date 
     of the election.
       (f) State.--For purposes of this section, the term 
     ``State'' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.
       (g) Enforcement.--
       (1) Attorney general.--The Attorney General may bring a 
     civil action against any State or jurisdiction in an 
     appropriate United States District Court for such declaratory 
     and injunctive relief (including a temporary restraining 
     order, a permanent or temporary injunction, or other order) 
     as may be necessary to carry out the requirements of this 
     section.
       (2) Private right of action.--
       (A) In general.--In the case of a violation of this 
     section, any person who is aggrieved by such violation may 
     provide written notice of the violation to the chief election 
     official of the State involved.
       (B) Relief.--If the violation is not corrected within 20 
     days after receipt of a notice under subparagraph (A), or 
     within 5 days after receipt of the notice if the violation 
     occurred within 120 days before the date of an election for 
     Federal office, the aggrieved person may, in a civil action, 
     obtain declaratory or injunctive relief with respect to the 
     violation.
       (C) Special rule.--If the violation occurred within 5 days 
     before the date of an election for Federal office, the 
     aggrieved person need not provide notice to the chief 
     election official of the State involved under subparagraph 
     (A) before bringing a civil action under subparagraph (B).

     SEC. 103. REQUIREMENT TO ALLOW FOR EARLY VOTING AND NO-EXCUSE 
                   ABSENTEE VOTING.

       (a) Requirements.--Title III of the Help America Vote Act 
     of 2002 (52 U.S.C. 21081) is amended by adding at the end the 
     following new subtitle:

                 ``Subtitle C--Additional Requirements

     ``SEC. 321. AVAILABILITY OF EARLY VOTING AND VOTING BY MAIL.

       ``(a) In General.--Each State and jurisdiction shall, with 
     respect to the 2020 general election occurring on November 3, 
     2020, and each subsequent election for Federal office--
       ``(1) allow individuals to vote in such election prior to 
     the date of the election through--
       ``(A) early voting which meets the requirements of 
     subsection (b); and
       ``(B) voting by mail which meets the requirements of 
     subsection (c);
       ``(2) publicize the details of any voting allowed under 
     paragraph (1);
       ``(3) comply with the absentee voting requirements of 
     subsection (d);
       ``(4) comply with the ballot processing and screening 
     requirements of subsection (e); and
       ``(5) when applicable, comply with the special rules in 
     case of emergency periods under subsection (f).
       ``(b) Early Voting.--
       ``(1) In general.--Early voting meets the requirements of 
     this subsection if--
       ``(A) such voting occurs--
       ``(i) for a 20-day period preceding the date of the 
     election so that such days constitute consecutive weekdays 
     and include at least one weekend, which period may end on a 
     date chosen by the chief election official of the State that 
     is between the date of the election and 4 days preceding such 
     date; and
       ``(ii) for no less than 10 hours on each of the 20 days 
     such early voting occurs; and
       ``(B) each early voting location in the State makes ballot 
     drop-off boxes available consistent with section (c)(2) for 
     voters to submit their voted and sealed absentee ballots.
       ``(2) Standards.--
       ``(A) In general.--The Election Assistance Commission shall 
     issue standards for the administration of voting in-person 
     prior to the scheduled date of an election for Federal 
     office. Such standards shall include the nondiscriminatory 
     geographic placement of polling places at which such voting 
     occurs.
       ``(B) Deviation.--The standards described in subparagraph 
     (A) shall permit States, upon providing adequate public 
     notice, to deviate from any requirement in the case of 
     unforeseen circumstances such as a natural disaster, 
     terrorist attack, or a change in voter turnout.
       ``(c) Voting by Mail.--Voting by mail meets the 
     requirements of this subsection if--
       ``(1) the State does not require an excuse in order to 
     obtain and cast a ballot by mail for any election for Federal 
     office;
       ``(2) the State makes ballot drop-off boxes available at 
     least 45 days prior to the date of an election for Federal 
     office and up until the close of polls on the date of the 
     election and ensures that such ballot drop-off boxes are--
       ``(A) available to all voters on a non-discriminatory 
     basis;
       ``(B) accessible to voters with disabilities;
       ``(C) accessible--
       ``(i) by public transportation; and
       ``(ii) during all hours of the day; and
       ``(D) sufficiently available in all communities in the 
     State, including rural communities and on Tribal lands;
       ``(3) the State permits any eligible voter to submit an 
     online request for an absentee ballot to vote in an election 
     for Federal office, which requirement is satisfied if the 
     local, county, or State election official's website allows an 
     absentee ballot request application to be completed and 
     submitted online and if--
       ``(A) an absentee ballot request application to be printed 
     for the voter to complete and mail; or
       ``(B) a voter is able to submit an online request via the 
     internet to have a hard-copy absentee ballot request 
     application mailed or e-mailed to them to complete and mail;
       ``(4) the State sends an absentee ballot to vote in an 
     election for Federal office in the State by mail to any 
     eligible voter that submits a request for such a ballot and 
     that request is received by the appropriate election office 
     on or before the date that is 5 days, not including weekend 
     days, before the date of such election, except that nothing 
     in this paragraph shall preclude a State or local 
     jurisdiction from allowing for the acceptance and processing 
     of ballot requests submitted or received after such required 
     period;
       ``(5) the State permits any eligible voter to have the 
     option to request an absentee ballot for subsequent elections 
     on all absentee ballot requests;
       ``(6) the State does not require any form of identification 
     for an absentee ballot request;
       ``(7) the State does not include any requirements for 
     notarization or witness signature or other formal 
     authentication (other than voter attestation);
       ``(8) the State allows a voter to sign a voter attestation 
     on a ballot by providing a mark or signature stamp or by 
     providing a signature with the use of an assistant due to 
     age, self-certified disability, or other need;
       ``(9) the State permits voters to submit an absentee ballot 
     by dropping it off at designated locations before the close 
     of polls on the date of the election, including at any 
     polling location on the date of the election before the close 
     of polls;
       ``(10) the State--
       ``(A) permits a voter to designate any person to return a 
     voted and sealed absentee ballot to the post office, a ballot 
     drop-off location, tribally designated building, or election 
     office and that such person designated to return an absentee 
     ballot shall not receive any form of compensation based on 
     the number of ballots that the person has returned

[[Page S3435]]

     and no individual, group, or organization shall provide 
     compensation on this basis; or
       ``(B) does not put any limits on how many voted and sealed 
     absentee ballots any designated person can return to the post 
     office, a ballot drop off location, tribally designated 
     building, or election office;
       ``(11) the State permits any eligible voter that submits a 
     request for an absentee ballot to vote in such election, but 
     does not receive their absentee ballot at least 2 days prior 
     to election day to download and mark at home an absentee 
     ballot provided by the State pursuant to section 103C of the 
     Uniformed Overseas Citizens Absentee Voting Act or section 
     322 of this Act; and
       ``(12) the State ensures that any voting materials (as 
     defined in section 203 of the Voting Right Act of 1965 (52 
     U.S.C. 10503)) provided for purposes of voting by mail, 
     including but not limited to ballots and voter education 
     materials, meet the language requirements under such section 
     203.
       ``(d) Deadline Requirements.--The requirements described in 
     this subsection are that a State shall count a ballot 
     submitted by an individual by mail with respect to an 
     election for Federal office in the State--
       ``(1) if it is postmarked, signed, or otherwise indicated 
     by the United States Postal Service to have been mailed on or 
     before the close of polls on the date of the election; and
       ``(2) received by the appropriate State election official 
     on or before the date that is 10 days after the date of such 
     election.
       ``(e) Ballot Processing and Scanning Requirements.--
       ``(1) In general.--The requirement described in this 
     subsection is that the State begins processing and scanning 
     ballots cast during early voting or through vote by mail for 
     tabulation at least 14 days prior to election day.
       ``(2) Limitation.--Nothing in this subsection shall allow 
     for the tabulation of ballots before the close of polls on 
     the date of the election.
       ``(f) Special Rules in Case of Emergency Periods.--
       ``(1) Automatic mailing of absentee ballots to all 
     voters.--If the area in which an election is held is in an 
     area in which an emergency or disaster which is described in 
     subparagraph (A) or (B) of section 1135(g)(1) of the Social 
     Security Act (42 U.S.C. 1320b-5(g)(1)) is declared during the 
     period described in paragraph (3) not later than 2 weeks 
     before the date of the election, the appropriate State or 
     local election official shall transmit by mail absentee 
     ballots and balloting materials for the election to all 
     individuals who are registered to vote in such election or, 
     in the case of any State that does not register voters, all 
     individuals who are in the State's central voter file (or if 
     the State does not keep a central voter file, to all 
     individuals who are eligible to vote in such election) in a 
     manner consistent with all applicable laws, including section 
     203 of the Voting Right Act of 1965 (52 U.S.C. 10503)).
       ``(2) Affirmation.--If an individual receives an absentee 
     ballot from a State or local election official pursuant to 
     paragraph (1) and returns the voted ballot to the official, 
     the ballot shall not be counted in the election unless the 
     individual includes with the ballot a signed affirmation 
     that--
       ``(A) the individual has not and will not cast another 
     ballot with respect to the election; and
       ``(B) acknowledges that a material misstatement of fact in 
     completing the ballot may constitute grounds for conviction 
     of perjury.
       ``(3) Period described.--The period described in this 
     paragraph with respect to an election is the period which 
     begins 120 days before the date of the election and ends 30 
     days before the date of the election.
       ``(4) Application to november 2020 general election.--
     Because of the public health emergency declared pursuant to 
     section 319 of the Public Health Service Act (42 5 U.S.C. 
     247d) resulting from the COVID-19 pandemic, the special rules 
     set forth in this subsection shall apply with respect to the 
     regularly scheduled general election for Federal office held 
     in November 2020 in each State.
       ``(g) State.-- For purposes of this section, the term 
     `State' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.''.
       (b) Conforming Amendment Relating to Enforcement.--Section 
     401 of such Act (52 U.S.C. 21111) is amended by striking 
     ``and 303'' and inserting ``303, and subtitle C of title 
     III''.
       (c) Private Right of Action.--Title IV of the Help America 
     Vote Act of 2002 (52 U.S.C. 21111 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF NATURAL 
                   DISASTER AND EMERGENCY BALLOT ACT OF 2020.

       ``(a) In General.--In the case of a violation of subtitle C 
     of title III, section 402 shall not apply and any person who 
     is aggrieved by such violation may provide written notice of 
     the violation to the chief election official of the State 
     involved.
       ``(b) Relief.--If the violation is not corrected within 20 
     days after receipt of a notice under subsection (a), or 
     within 5 days after receipt of the notice if the violation 
     occurred within 120 days before the date of an election for 
     Federal office, the aggrieved person may, in a civil action, 
     obtain declaratory or injunctive relief with respect to the 
     violation.
       ``(c) Special Rule.--(If the violation occurred within 5 
     days before the date of an election for Federal office, the 
     aggrieved person need not provide notice to the chief 
     election official of the State involved under subsection (a) 
     before bringing a civil action under subsection (b).''.
       (d) Conforming Amendment Relating to Voluntary Guidance by 
     Election Assistance Commission.--Section 311(b) of such Act 
     (52 U.S.C. 21101) is amended--
       (1) in paragraph (2), by striking ``and'';
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) in the case of the recommendations with respect to 
     subtitle C, 1 year after the date of enactment of the Natural 
     Disaster and Emergency Ballot Act of 2020.''.
       (e) Clerical Amendments.--The table of contents of such Act 
     is amended--
       (1) by inserting after the item relating to section 312 the 
     following:

                 ``Subtitle C--Additional Requirements

``Sec. 321. Availability of early voting and voting by mail.''; and
       (2) by inserting after the item relating to section 402 the 
     following:

``Sec. 403. Private right of action for violations of Natural Disaster 
              and Emergency Ballot Act of 2020.''.

     SEC. 104. USE OF DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOTS 
                   PROVIDED BY STATES UNDER UOCAVA FOR VOTERS WITH 
                   DISABILITIES AND THOSE WHO HAVE NOT RECEIVED A 
                   BALLOT TO VOTE IN 2020 GENERAL ELECTION AND 
                   SUBSEQUENT FEDERAL ELECTIONS UNTIL DOMESTIC 
                   DOWNLOADABLE AND PRINTABLE BALLOT PRESCRIBED BY 
                   EAC IS AVAILABLE.

       (a) In General.--The Uniformed and Overseas Citizens 
     Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by 
     inserting after section 103B the following new section:

     ``SEC. 103C. USE OF DOWNLOADABLE AND PRINTABLE ABSENTEE 
                   BALLOTS PROVIDED UNDER UOCAVA FOR VOTERS WITH 
                   DISABILITIES AND THOSE WHO HAVE NOT RECEIVED A 
                   BALLOT TO VOTE IN 2020 GENERAL ELECTION AND 
                   SUBSEQUENT FEDERAL ELECTIONS UNTIL DOMESTIC 
                   DOWNLOADABLE AND PRINTABLE BALLOT PRESCRIBED BY 
                   EAC IS AVAILABLE.

       ``(a) In General.--
       ``(1) State responsibilities.--Each State shall, with 
     respect to the 2020 general election occurring on November 3, 
     2020, and subsequent elections for Federal office (until such 
     time as the Election Assistance Commission prescribes a 
     domestic downloadable and printable ballot for use in 
     elections for Federal office pursuant to section 297 of the 
     Help America Vote Act of 2002), permit qualified individuals 
     to use downloadable and printable absentee ballots 
     transmitted by the State in the same manner and under the 
     same terms and conditions under which the State transmits 
     such ballots to absent uniformed services voters and overseas 
     voters under the provisions of section 102(f) to vote in such 
     election.
       ``(2) Requirements.--Such downloadable and printable 
     absentee ballots--
       ``(A) must comply with the language requirements under 
     section 203 of the Voting Rights Act of 1965 (52 U.S.C. 
     10503); and
       ``(B) must comply with the disability requirements under 
     section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794d).
       ``(3) Application of requirements.--The provisions of 
     section 103 shall apply with respect to the use of such 
     downloadable and printable absentee ballots by qualified 
     individuals pursuant to this section in the same manner as 
     such provisions apply with respect to the use of such ballots 
     by absent uniformed services voters and overseas voters 
     pursuant to section 103.
       ``(4) Clarification regarding free postage.--Such 
     downloadable and printable absentee ballots of qualified 
     individuals pursuant to this section shall be considered 
     balloting materials as defined in section 107 for purposes of 
     section 3406 of title 39, United States Code.
       ``(5) Prohibiting refusal to accept ballot for failure to 
     meet certain requirements.--A State shall not refuse to 
     accept and process any otherwise valid downloadable and 
     printable absentee ballot submitted in any manner by a 
     qualified individual solely on the basis of the following:
       ``(A) Notarization or witness signature requirements.
       ``(B) Restrictions on paper type, including weight and 
     size.
       ``(C) Restrictions on envelope type, including weight and 
     size.
       ``(b) Qualified Individual.--For purposes of this section:
       ``(1) In general.--Except as provided in paragraph (2), the 
     term `qualified individual' means any individual who is 
     otherwise qualified to vote in an election for Federal office 
     and who--
       ``(A)(i) has requested an absentee ballot from the State or 
     jurisdiction where such individual is registered to vote; and
       ``(ii) has not received such absentee ballot at least 2 
     days before the date of the election;
       ``(B) expects to be absent from such individual's 
     jurisdiction on the day of the election for Federal office 
     due to professional or volunteer service in response to a 
     natural disaster or emergency as so declared;
       ``(C) is hospitalized or expects to be hospitalized on the 
     day of the election for Federal office; or

[[Page S3436]]

       ``(D) is an individual with a disability (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)) and resides in a state which does not offer 
     voters the ability to use secure and accessible remote ballot 
     marking.
     For purposes of subparagraph (D), a State shall permit an 
     individual to self-certify that the individual is an 
     individual with a disability.
       ``(2) Coordination with federal write-in ballot for absent 
     uniformed services and overseas voters.--The term `qualified 
     individual' shall not include an individual who--
       ``(A) is an absent uniformed services voter or an overseas 
     voter; and
       ``(B) is entitled to vote using the Federal write-in 
     absentee ballot prescribed under section 103.
       ``(c) State.--For purposes of this section, the term 
     `State' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.''.
       (b) Conforming Amendment.--Section 102(a) of the Uniformed 
     and Overseas Citizens Absentee Voting Act (52 U.S.C. 
     20302(a)) is amended by striking ``and'' at the end of 
     paragraph (10), by striking the period at the end of 
     paragraph (11) and inserting ``; and'', and by adding at the 
     end the following new paragraph:
       ``(12) meet the requirements of section 103C with respect 
     to use of downloadable and printable absentee ballots for 
     qualified individuals to vote in the 2020 general 
     election.''.
       (c) Clerical Amendments.--The table of contents of such Act 
     is amended by inserting the following after section 103:

``Sec. 103A. Procedures for collection and delivery of marked absentee 
              ballots of absent overseas uniformed services voters.
``Sec. 103B. Federal voting assistance program improvements.
``Sec. 103C. Use of downloadable and printable absentee ballots 
              provided under uocava for qualified individuals to vote 
              in 2020 general election.''.

     SEC. 105. DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR 
                   DOMESTIC USE BY VOTERS WITH DISABILITIES AND IN 
                   EMERGENCIES STARTING IN 2022.

       (a) State Requirement.--
       (1) In general.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added by section 103, is amended 
     by adding at the end the following new section:

     ``SEC. 322. USE OF DOMESTIC DOWNLOADABLE AND PRINTABLE 
                   ABSENTEE BALLOT.

       ``(a) State Requirement.--
       ``(1) In general.--Each State shall permit qualified 
     individuals to use a downloadable and printable absentee 
     ballot prescribed by the Election Assistance Commission under 
     section 297 to cast a vote in any election for Federal 
     office.
       ``(2) Requirements.--Such downloadable and printable 
     absentee ballots--
       ``(A) must comply with the language requirements under 
     section 203 of the Voting Rights Act of 1965 (52 U.S.C. 
     10503); and
       ``(B) must comply with the disability requirements under 
     section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794d).
       ``(b) Qualified Individual.--For purposes of this section:
       ``(1) In general.--Except as provided in paragraph (2), the 
     term `qualified individual' means any individual who is 
     otherwise qualified to vote in an election for Federal office 
     and who--
       ``(A)(i) has requested an absentee ballot from the State or 
     jurisdiction where such individual is registered to vote; and
       ``(ii) has not received such absentee ballot at least 2 
     days before the date of the election;
       ``(B)(i) resides in an area of a State with respect to 
     which an emergency or public health emergency has been 
     declared by the Governor or chief government official of the 
     State or chief government official of an area, 5 days or less 
     before election day under the laws of the State due to 
     reasons including, but not limited to--
       ``(I) a natural disaster, including severe weather; or
       ``(II) an infectious disease; and
       ``(ii) has not requested an absentee ballot;
       ``(C) expects to be absent from such individual's 
     jurisdiction on the day of the election for Federal office 
     due to professional or volunteer service in response to a 
     natural disaster or emergency as so declared;
       ``(D) is hospitalized or expects to be hospitalized on the 
     day of the election for Federal office; or
       ``(E) is an individual with a disability (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)) and resides in a state which does not offer 
     voters the ability to use secure and accessible remote ballot 
     marking.
     For purposes of subparagraph (E), a State shall permit an 
     individual to self-certify that the individual is an 
     individual with a disability.
       ``(2) Coordination with federal write-in ballot for absent 
     uniformed services and overseas voters.--The term `qualified 
     individual' shall not include an individual who--
       ``(A) is an absent uniformed services voter (as defined in 
     section 107(1) of the Uniformed and Overseas Citizens 
     Absentee Voting Act (52 U.S.C. 20310(1))) or an overseas 
     voter (as defined in section 107(5) of such Act (52 U.S.C. 
     20310(5))); and
       ``(B) who is entitled to vote using the Federal write-in 
     absentee ballot developed under section 103 of such Act (52 
     U.S.C. 20303).
       ``(c) Submission and Processing.--
       ``(1) In general.--Except as otherwise provided in this 
     section, a domestic downloadable and printable absentee 
     ballot to which this section applies shall be submitted and 
     processed in the manner provided by law for absentee ballots 
     in the State involved.
       ``(2) Deadline.--An otherwise eligible national Federal 
     write-in absentee ballot to which this section applies shall 
     be counted--
       ``(A) if it is postmarked, signed, or otherwise indicated 
     by the United States Postal Service to have been mailed on or 
     before the close of polls on the date of the election; and
       ``(B) received by the appropriate State election official 
     on or before the date that is 10 days after the date of such 
     election.
       ``(d) Special Rules.--The following rules shall apply with 
     respect to domestic printable and downloadable absentee 
     ballots to which this section applies:
       ``(1) In completing the ballot, the voter may designate a 
     candidate by writing in the name of the candidate or by 
     writing in the name of a political party (in which case the 
     ballot shall be counted for the candidate of that political 
     party).
       ``(2) In the case of the offices of President and Vice 
     President, a vote for a named candidate or a vote by writing 
     in the name of a political party shall be counted as a vote 
     for the electors supporting the candidate involved.
       ``(3) Any abbreviation, misspelling, or other minor 
     variation in the form of the name of a candidate or a 
     political party shall be disregarded in determining the 
     validity of the ballot.
       ``(e) Prohibiting Refusal To Accept Ballot for Failure To 
     Meet Certain Requirements.--A State shall not refuse to 
     accept and process any otherwise valid Federal write-in 
     absentee ballot submitted in any manner by a qualified 
     individual solely on the basis of the following:
       ``(1) Notarization and witness signature requirements.
       ``(2) Restrictions on paper type, including weight and 
     size.
       ``(3) Restrictions on envelope type, including weight and 
     size.
       ``(f) State.--For purposes of this section, the term 
     `State' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.
       ``(g) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2022.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     321, as added by section 103, the following:

``Sec. 322. Use of domestic downloadable and printable absentee 
              ballot.''.
       (b) Form of Domestic Printable and Downloadable Absentee 
     Ballot.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (52 U.S.C. 20921) is amended by adding at the end the 
     following new subtitle:

``PART VII--DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR DOMESTIC USE

     ``SEC. 297. DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR 
                   DOMESTIC USE.

       ``(a) Form of Ballot.--
       ``(1) In general.--The Commission shall prescribe a 
     domestic downloadable and printable ballot (including a 
     secrecy envelope and mailing envelope for such ballot) for 
     use in elections for Federal office by qualified individuals 
     (as defined in section 322(b)).
       ``(2) Affirmation.--The ballot prescribed under paragraph 
     (1) shall contain an affirmation, signed by the person 
     submitting the ballot, that--
       ``(A) such individual is a qualified individual (as defined 
     in section 322(b));
       ``(B) such individual has not and will not cast another 
     ballot with respect to the election for which the domestic 
     downloadable and printable absentee ballot is cast; and
       ``(C) acknowledging that a material misstatement of fact in 
     completing the ballot may constitute grounds for conviction 
     of perjury.
       ``(b) Availability.--The Commission shall make the domestic 
     downloadable and printable absentee ballot available on the 
     Internet in a printable format.''.
       ``(c) Requirements.--The domestic downloadable and 
     printable absentee ballot shall be compliant with section 508 
     of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and shall 
     not transmit the information completed by a voter over the 
     internet.''.
       (2) Conforming amendments.--
       (A) Section 202 of the Help America Vote Act of 2002 (52 
     U.S.C. 20922) is amended by redesignating paragraphs (5) and 
     (6) as paragraphs (6) and (7), respectively, and by inserting 
     after paragraph (4) the following new paragraph:
       ``(5) carrying out the duties described in part 7 (relating 
     to downloadable and printable absentee ballot for domestic 
     use;''.
       (B) The table of contents for such Act is amended by 
     inserting after the item related to section 296 the 
     following:

 ``PART 7--Downloadable and Printable Absentee Ballot for Domestic Use

``Sec. 297. Downloadable and printable absentee ballot for domestic 
              use.''.

[[Page S3437]]

  


     SEC. 106. REQUIREMENT FOR PREPAID RETURN ENVELOPES FOR 
                   ABSENTEE BALLOTS; USE OF INTELLIGENT MAIL 
                   BARCODE.

       (a) In General.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added by section 103 and amended 
     by section 105, is amended by adding at the end the following 
     new section:

     ``SEC. 323. USE OF PREPAID SELF-SEALING RETURN ENVELOPES.

       ``(a) In General.--Each State and local jurisdiction shall 
     provide with any voter registration application, absentee 
     ballot application, or blank absentee ballot sent by mail a 
     self-sealing return envelope, where possible, with prepaid 
     postage or subject to an arrangement whereby the State will 
     reimburse the United States Postal Service for the postage of 
     any such return envelope that is sent by mail.
       ``(b) Use of Intelligent Mail Barcode for the 2020 General 
     Election and Until Balloting Materials Status Update Service 
     Implemented.--For the 2020 general election and subsequent 
     elections for Federal office (until such time as a State 
     implements a balloting materials status update service which 
     meets the requirements described in section 107(a)(2) of the 
     Natural Disaster and Emergency Ballot Act of 2020), unless a 
     State or jurisdiction has developed a system that enables 
     voters to track their absentee ballot through the mail, each 
     State and jurisdiction shall provide with each absentee 
     ballot sent by mail a self-sealing return envelope pursuant 
     to subsection (a) that contains an Intelligent Mail barcode 
     as prescribed by the United States Postal Service.
       ``(c) State.--For purposes of this section, the term 
     `State' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.
       ``(d) Effective Date.--The requirements of this section 
     shall apply to materials sent by States and local 
     jurisdictions after the date that is 60 days after the date 
     of the enactment of this Act.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     322, as added by section 105, the following new item:

``Sec. 323. Use of prepaid self-sealing return envelopes.''.

     SEC. 107. DEVELOPMENT OF A SECURE FEDERAL PORTAL TO ALLOW 
                   ELECTION OFFICIALS TO PROVIDE VOTERS WITH 
                   UPDATES ON THEIR BALLOTS.

       (a) Balloting Materials Status Update Service.--
       (1) In general.--Not later than January 1, 2024, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, in consultation with the Chair of the Election 
     Assistance Commission, the Postmaster General, the Director 
     of the General Services Administration, the Presidential 
     designee, and State election officials, shall establish a 
     balloting materials status update service to be used by 
     States and local jurisdictions to inform voters on the status 
     of voter registration applications, absentee ballot 
     applications, and absentee ballots.
       (2) Information tracked.--The balloting materials status 
     update service established under paragraph (1) shall provide 
     to a voter the following information with respect to that 
     voter:
       (A) In the case of balloting materials sent by mail, 
     tracking information from the United States Post Office and 
     the Presidential designee on balloting materials sent to the 
     voter and, to the extent feasible, returned by the voter.
       (B) The date on which any request by the voter for an 
     application for voter registration or an absentee ballot was 
     received.
       (C) The date on which any such requested application was 
     sent to the voter.
       (D) The date on which any such completed application was 
     received from the voter and the status of such application.
       (E) The date on which any absentee ballot was sent to the 
     voter.
       (F) The date on which any absentee ballot was received by 
     the voter.
       (G) The date on which the post office processes the 
     absentee ballot.
       (H) The date on which post office delivered the absentee 
     ballot to the election office.
       (I) Whether such ballot was accepted and counted, and in 
     the case of any ballot not counted, the reason why the ballot 
     was not counted.
       (3) Method of providing information.--The balloting 
     materials status update service established under paragraph 
     (1) shall allow voters the option to receive the information 
     described in paragraph (2) through email (or other electronic 
     means) or through the mail.
       (4) Prohibition on fees.--The Director may not charge any 
     fee to a State or jurisdiction for use of the balloting 
     materials status update service in connection with any 
     Federal, State, or local election.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the Director such sums as are necessary 
     for purposes of carrying out this subsection.
       (b) Required Use for Absent Uniformed Service Voters and 
     Overseas Voters.--
       (1) In general.--Section 102(a) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)), 
     as amended by section 104(b), is amended by striking ``and'' 
     at the end of paragraph (11), by striking the period at the 
     end of paragraph (12) and inserting ``; and'', and by adding 
     at the end the following new paragraph:
       ``(13) use the balloting materials status update service 
     developed under section 107(a) of the Natural Disaster and 
     Emergency Ballot Act of 2020 to inform absent uniformed 
     services voters and overseas voters on the status of voter 
     registration applications, absentee ballot applications, and 
     absentee ballots used in elections for Federal office.''.
       (2) Conforming amendment.--Section 102 of such Act (52 
     U.S.C. 20302) is amended by striking subsection (h).
       (3) Effective date.--The amendments made by this subsection 
     shall apply to elections for Federal office occurring after 
     the date that is 1 year after the date on which the Director 
     of the Cybersecurity and Infrastructure Security Agency 
     certifies that the service described in subsection (a) is 
     operational.
       (c) Required Use Under Help America Vote Act.--
       (1) In general.--Section 321(a) of the Help American Vote 
     Act of 2002, as added by section 103, is amended by striking 
     ``and'' at the end of paragraph (3), by striking the period 
     at the end of paragraph (4) and inserting ``; and'', and by 
     adding at the end the following new paragraph:
       ``(5) use the balloting materials status update service 
     developed under section 107(a) of the Natural Disaster and 
     Emergency Ballot Act of 2020 to provide eligible voters and 
     qualified individuals (as defined in section 322(b) of this 
     Act) information regarding the status of voter registration 
     applications, absentee ballot applications, and absentee 
     ballots used in elections for Federal office, except that any 
     State or jurisdiction which has developed a balloting 
     materials status update system which meets the requirements 
     of paragraph (2) of such section 107(a) (relating to 
     information tracked) may continue to use such system.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to elections for Federal office occurring after 
     the date that is 1 year after the date on which the Director 
     of the Cybersecurity and Infrastructure Security Agency 
     certifies that the service described in subsection (a) is 
     operational.
       (d) Availability to Department of Defense.--The 
     Cybersecurity and Infrastructure Security Agency may make the 
     balloting materials status update service available to the 
     Department of Defense to administer and implement to absent 
     uniformed services voters and overseas voters pursuant to the 
     Uniformed Overseas and Citizens Absentee Voting Act (52 
     U.S.C. 20301 et seq.).
       (e) Reimbursements to States.--
       (1) For use with respect to balloting materials of absent 
     uniformed service voters and overseas voters.--
       (A) In general.--The Uniformed and Overseas Citizens 
     Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by 
     inserting after section 103C, as added by section 104(a), the 
     following new section:

     ``SEC. 103D. REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS 
                   STATUS UPDATE SERVICE.

       ``(a) In General.--The Presidential designee shall make 
     payments to each State and local jurisdiction equal to the 
     costs to the State or local jurisdiction of using the 
     balloting materials status update service under section 
     107(a) of the Natural Disaster and Emergency Ballot Act of 
     2020 with respect to balloting materials of absent uniformed 
     services and overseas voters.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Presidential designee 
     such sums as are necessary for carrying out this section, to 
     remain available without fiscal year limitation.''.
       (B) Conforming amendment.--Section 101(b) of the Uniformed 
     and Overseas Citizens Absentee Voting Act (52 U.S.C. 
     20301(b)) is amended by striking ``and'' at the end of 
     paragraph (10), by striking the period at the end of 
     paragraph (11) and inserting ``; and'', and by adding at the 
     end the following new paragraph
       ``(12) make payments to States in accordance with section 
     103D.''.
       (C) Clerical amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     103, as added by section 104(c), the following new item:

``Sec. 103D. Reimbursements for use of balloting materials status 
              update service.''.
       (2) For use with respect to balloting materials of domestic 
     voters.--
       (A) In general.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 
     section 105(b), is amended by adding at the end the 
     following:

 ``PART 8--REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS STATUS UPDATE 
                                SERVICE

     ``SEC. 298. REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS 
                   STATUS UPDATE SERVICE.

       ``(a) In General.--The Commission shall make payments to 
     each State and local jurisdiction equal to the costs to the 
     State or local jurisdiction of using the ballot material 
     update service under section 107(a) of the Natural Disaster 
     and Emergency Ballot Act of 2020 with respect to balloting 
     materials of voters (other than balloting materials of absent 
     uniformed services and overseas voters for which the State is 
     eligible for payment under section 103D of the Uniformed and 
     Overseas Citizens Absentee Voting Act) for which States or 
     jurisdictions elect to use such tracking service.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to

[[Page S3438]]

     the Commission such sums as are necessary for carrying out 
     this section, to remain available without fiscal year 
     limitation.''.
       (B) Conforming amendments.--
       (i) Section 202 of the Help America Vote Act of 2002 (52 
     U.S.C. 20922), as amended by section 105(b), is amended by 
     redesignating paragraphs (6) and (7) as paragraphs (7) and 
     (8), respectively, and by inserting after paragraph (5) the 
     following new paragraph:
       ``(6) carrying out the duties described in part 8 (relating 
     to balloting materials status update reimbursements);''.
       (ii) The table of contents for such Act is amended by 
     inserting after the item related to section 297 the 
     following:

 ``PART 8--Reimbursements for Use of Balloting Materials Status Update 
                                Service

``Sec. 298. Reimbursements for use of balloting materials status update 
              service.''.

     SEC. 108. NOTICE AND CURE PROCESS REQUIRED FOR MISMATCHED 
                   SIGNATURES ON MAIL-IN AND PROVISIONAL BALLOTS.

       (a) In General.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added by section 103 and amended 
     by sections 105 and 106, is amended by adding at the end the 
     following new section:

     ``SEC. 324. SIGNATURE MISMATCH ON BALLOT SUBMITTED BY MAIL OR 
                   PROVISIONAL BALLOT.

       ``(a) Covered State Defined.--
       ``(1) In general.--Subject to paragraph (2), in this 
     section, the term `covered State' means a State in which, 
     under State law, a ballot submitted by mail or a provisional 
     ballot is not counted as a vote in an election for Federal 
     office unless the State verifies the signature of the 
     individual who submitted such ballot by comparing the 
     signature on the envelope containing such ballot or a 
     document accompanying such ballot and the signature of such 
     individual on the official list of registered voters in the 
     State or other official record, or other document.
       ``(2) Exception for certain states.--Such term shall not 
     include a State which conducted a Federal election entirely 
     through vote by mail prior to 2020.
       ``(b) Notice Required.--
       ``(1) In general.--If an individual submits a ballot by 
     mail or a provisional ballot in an election for Federal 
     office in a covered State, and the appropriate State or local 
     election official determines that a discrepancy exists 
     between the signature on the envelope containing such ballot 
     or a document accompanying such ballot used to verify the 
     signature and the signature of such individual on the 
     official list of registered voters in the State or other 
     official record, or other document used by the State to 
     verify the signatures of voters, such election official, 
     prior to making a final determination as to the validity of 
     such ballot, shall make a good faith effort to immediately 
     notify such individual that--
       ``(A) a discrepancy exists between the signature on the 
     envelope containing such ballot or a document accompanying 
     such ballot used to verify the signature and the signature of 
     such individual on the official list of registered voters in 
     the State or other official record, or other document used by 
     the State to verify the signatures of voters;
       ``(B) such individual may provide information to cure such 
     discrepancy in accordance with the procedures established 
     pursuant to subsection (c)(1)(A); and
       ``(C) if such discrepancy is not cured, such ballot will 
     not be counted.
       ``(2) Form of notice.--An election official shall provide 
     the notice required by paragraph (1) within 10 calendar days 
     of the determination that a discrepancy exists by mail and at 
     least one of the following methods:
       ``(A) Phone.
       ``(B) Electronic mail.
       ``(C) Text message.
       ``(3) No effect on other notice requirements related to 
     provisional ballots.--In the case of an individual who 
     submits a provisional ballot, the requirements of this 
     subsection shall be in addition to the requirements 
     applicable to such an individual under section 302(a).
       ``(c) Opportunity To Cure.--
       ``(1) Establishment of procedures.--A covered State shall 
     establish uniform and non-discriminatory procedures--
       ``(A) to allow an individual to whom notice is provided 
     under subsection (b)--
       ``(i) to provide confirmation or information to cure the 
     discrepancy described in subsection (b)(1) through the same 
     form in which the notice is provided pursuant to subsection 
     (b)(1); and
       ``(ii) if such confirmation or information is rejected, to 
     appeal the rejection;
       ``(B) that require that voters whose ballots are returned 
     without signatures be notified and given an opportunity to 
     provide a missing signature on a form proscribed by the 
     State; and
       ``(C) `prior to the date of final certification of ballots 
     in the election by such State, to provide such individual a 
     final determination as to the validity of the ballot and 
     whether the individual's ballot was counted in the election.
       ``(2) Deadline.-- A voter has at least 10 calendar days 
     following the date on which the notice required under 
     subsection (b) is given or until the day before certification 
     of election results, whichever is later, to provide 
     confirmation that the signature in question is their genuine 
     signature. This confirmation can be provided orally, in 
     writing, or electronically, including through any of the 
     forms described in subsection (b)(2). No separate oath or 
     affirmation is required.
       ``(3) Counting of vote.--
       ``(A) In general.--A final determination with respect to 
     the validity of a ballot in the case of a signature mismatch 
     under this section shall be made by three election officials, 
     at least one of whom is of an opposing party and, unless such 
     election officials determine, taking into account any 
     conformation or information provided under the procedures 
     established pursuant to paragraph (1)(A), through a unanimous 
     vote and beyond a reasonable doubt that the ballot is not 
     valid, such ballot shall be counted as a vote in that 
     election.
       ``(B) Training requirement.--Election officials making such 
     determinations must have completed training on signature 
     verification.
       ``(d) Report.--
       ``(1) In general.--Not later than 120 days after the end of 
     a Federal election cycle, each chief State election official 
     in a covered State shall submit to Congress a report 
     containing the following information for the applicable 
     Federal election cycle in the State:
       ``(A) The number of ballots invalidated due to a 
     discrepancy under this section.
       ``(B) Description of attempts to contact voters to provide 
     notice as required by this section.
       ``(C) Description of the cure process developed by such 
     State pursuant to this section, including the number of 
     ballots determined valid as a result of such process.
       ``(2) Federal election cycle defined.--For purposes of this 
     subsection, the term `Federal For election cycle' means the 
     period beginning on January 1 of any odd numbered year and 
     ending on December 31 of the following year.
       ``(e) Effective Date.--This section shall apply with 
     respect to the general election for Federal office held in 
     2020 and any subsequent election for Federal office.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     323, as added by section 106, the following new item:

``Sec. 324. Signature mismatch on ballot submitted by mail or 
              provisional ballot.''.

     SEC. 109. REQUIREMENT FOR ACCEPTANCE OF VOTER REGISTRATION 
                   APPLICATIONS.

       (a) In General.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added by section 103 and amended 
     by sections 105, 106, and 108, is amended by adding at the 
     end the following new section:

     ``SEC. 325. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS.

       ``(a) Requirements for Voter Registration Applications.--
     Each State and local jurisdiction shall--
       ``(1) make available an online voter registration 
     application, which requirement is satisfied if the local, 
     county, or State election official's website allows a voter 
     registration application to be completed and submitted 
     online;
       ``(2) accept and process any voter registration 
     applications submitted in person, by mail, or online at least 
     21 days prior to the date of an election for Federal office, 
     except nothing this paragraph shall preclude a State or local 
     jurisdiction from allowing for the acceptance and processing 
     of voter registration applications submitted or received 
     after such required period; and
       ``(3) ensure that any voter registration applications 
     provided by the State permit the voter, at the time of 
     submitting the application, to register to vote by mail in 
     accordance with the requirements under section 321(c).
       ``(b) Exception.--This section shall not apply with respect 
     to any State or local jurisdiction that allows--
       ``(1) voter registration during early voting; or
       ``(2) same day voter registration.
       ``(c) Effective Date.--This section shall apply beginning 
     on the date that is 60 days after the date of enactment of 
     the Natural Disaster and Emergency Ballot Act of 2020.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     324, as added by section 108, the following new item:

``Sec. 325. Acceptance of voter registration applications.''.

     SEC. 110. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.

       (a) Accommodations.--
       (1) In general.--The following requirements shall apply 
     with respect to the general election for Federal office held 
     in 2020 and any subsequent election for Federal office:
       (A) Given the widespread lack of residential mail delivery 
     in Indian Country, an Indian Tribe may designate buildings as 
     ballot pickup and collection locations at no cost to the 
     Indian Tribe. An Indian Tribe may designate one building per 
     precinct located within Indian lands. The applicable State or 
     political subdivision shall collect ballots from those 
     locations. The applicable State or political subdivision 
     shall provide the Indian Tribe with accurate precinct maps 
     for all precincts located within Indian lands 60 days before 
     any election.
       (B) The State or political subdivision shall provide mail-
     in and absentee ballots to each registered voter residing on 
     Indian lands in the State or political subdivision without 
     requiring a residential address or a mail-in or absentee 
     ballot request.

[[Page S3439]]

       (C) The address of a designated building that is a ballot 
     pickup and collection location may serve as the residential 
     address and mailing address for voters living on Indian lands 
     if the tribally designated building is in the same precinct 
     as that voter. If there is no tribally designated building 
     within a voter's precinct, the voter may use another tribally 
     designated building within the Indian lands where the voter 
     is located. Voters using a tribally designated building 
     outside of the voter's precinct may use the tribally 
     designated building as a mailing address and may separately 
     designate the voter's appropriate precinct through a 
     description of the voter's address, as specified in section 
     9428.4(a)(2) of title 11, Code of Federal Regulations.
       (D) In the case of a State or political subdivision that is 
     a covered State or political subdivision under section 203 of 
     the Voting Rights Act of 1965 (52 U.S.C. 10503), that State 
     or political subdivision shall provide absentee or mail-in 
     voting materials in the language of the applicable minority 
     group as well as in the English language, bilingual election 
     voting assistance, and written translations of all voting 
     materials in the language of the applicable minority group, 
     as required by section 203 of the Voting Rights Act of 1965 
     (52 U.S.C. 10503) as amended by subsection (b).
       (2) Clarification.--Nothing in this section alters the 
     ability of an individual voter residing on Indian lands to 
     request a ballot in a manner available to all other voters in 
     the State.
       (3) Definitions.--In this section:
       (A) Indian.--The term ``Indian'' has the meaning given the 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).
       (B) Indian lands.--The term ``Indian lands'' includes--
       (i) any Indian country of an Indian Tribe, as defined under 
     section 1151 of title 18, United States Code;
       (ii) any land in Alaska owned, pursuant to the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an 
     Indian Tribe that is a Native village (as defined in section 
     3 of that Act (43 U.S.C. 1602)) or by a Village Corporation 
     that is associated with an Indian Tribe (as defined in 
     section 3 of that Act (43 U.S.C. 1602));
       (iii) any land on which the seat of the Tribal Government 
     is located; and
       (iv) any land that is part or all of a Tribal designated 
     statistical area associated with an Indian Tribe, or is part 
     or all of an Alaska Native village statistical area 
     associated with an Indian Tribe, as defined by the Census 
     Bureau for the purposes of the most recent decennial census.
       (C) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       (D) Tribal government.--The term ``Tribal Government'' 
     means the recognized governing body of an Indian Tribe.
       (4) Enforcement.--
       (A) Attorney general.--The Attorney General may bring a 
     civil action in an appropriate district court for such 
     declaratory or injunctive relief as is necessary to carry out 
     this subsection.
       (B) Private right of action.--
       (i) A person or Tribal Government who is aggrieved by a 
     violation of this subsection may provide written notice of 
     the violation to the chief election official of the State 
     involved.
       (ii) An aggrieved person or Tribal Government may bring a 
     civil action in an appropriate district court for declaratory 
     or injunctive relief with respect to a violation of this 
     subsection, if--

       (I) that person or Tribal Government provides the notice 
     described in clause (i); and
       (II)(aa) in the case of a violation that occurs more than 
     120 days before the date of an election for Federal office, 
     the violation remains and 90 days or more have passed since 
     the date on which the chief election official of the State 
     receives the notice under clause (i); or
       (bb) in the case of a violation that occurs 120 days or 
     less before the date of an election for Federal office, the 
     violation remains and 20 days or more have passed since the 
     date on which the chief election official of the State 
     receives the notice under clause (i).

       (iii) In the case of a violation of this section that 
     occurs 30 days or less before the date of an election for 
     Federal office, an aggrieved person or Tribal Government may 
     bring a civil action in an appropriate district court for 
     declaratory or injunctive relief with respect to the 
     violation without providing notice to the chief election 
     official of the State under clause (i).
       (b) Bilingual Election Requirements.--Section 203 of the 
     Voting Rights Act of 1965 (52 U.S.C. 10503) is amended--
       (1) in subsection (b)(3)(C), by striking ``1990'' and 
     inserting ``2010''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Provision of Voting Materials in the Language of a 
     Minority Group.--
       ``(1) In general.--Whenever any State or political 
     subdivision subject to the prohibition of subsection (b) of 
     this section provides any registration or voting notices, 
     forms, instructions, assistance, or other materials or 
     information relating to the electoral process, including 
     ballots, it shall provide them in the language of the 
     applicable minority group as well as in the English language.
       ``(2) Exceptions.--
       ``(A) In general.--
       ``(i) In the case of a minority group that is not American 
     Indian or Alaska Native and the language of that minority 
     group is oral or unwritten, the State or political 
     subdivision shall only be required to furnish, in the covered 
     language, oral instructions, assistance, translation of 
     voting materials, or other information relating to 
     registration and voting.
       ``(ii) In the case of a minority group that is American 
     Indian or Alaska Native, the State or political subdivision 
     shall only be required to furnish in the covered language 
     oral instructions, assistance, or other information relating 
     to registration and voting, including all voting materials, 
     if the Tribal Government of that minority group has certified 
     that the language of the applicable American Indian or Alaska 
     Native language is presently unwritten or the Tribal 
     Government does not want written translations in the minority 
     language.
       ``(3) Written translations for election workers.--
     Notwithstanding paragraph (2), the State or political 
     division may be required to provide written translations of 
     voting materials, with the consent of any applicable Indian 
     Tribe, to election workers to ensure that the translations 
     from English to the language of a minority group are 
     complete, accurate, and uniform.''.

     SEC. 111. PAYMENTS TO STATES TO CARRY OUT REQUIREMENTS UNDER 
                   NATURAL DISASTER AND EMERGENCY BALLOT ACT OF 
                   2020 WITH RESPECT TO 2020 GENERAL ELECTION.

       (a) In General.--Title II of the Help America Vote Act of 
     2002 (52 U.S.C. 21001 et seq.), as amended by section 107(e), 
     is amended by adding at the end the following new part:

 ``PART 9--PAYMENTS TO STATES TO CARRY OUT REQUIREMENTS UNDER NATURAL 
DISASTER AND EMERGENCY BALLOT ACT OF 2020 WITH RESPECT TO 2020 GENERAL 
                                ELECTION

     ``SEC. 299. PAYMENTS TO STATES.

       ``(a) In General.--Not later than 30 days after the date of 
     the enactment of the Natural Disaster and Emergency Ballot 
     Act of 2020, the Commission shall make a payment to each 
     State.
       ``(b) Use of Funds.--
       ``(1) In general.--Subject to paragraphs (2) and (3), a 
     State shall use the funds provided under a payment under this 
     section--
       ``(A) to comply with and implement the provisions of and 
     amendments made by the Natural Disaster and Emergency Ballot 
     Act of 2020 with respect to the 2020 general election 
     occurring on November 3, 2020; and
       ``(B) to carry out one or more of the following activities 
     with respect to the 2020 general election:
       ``(i) Establishing and implementing contingency plans 
     pursuant to section 102 of the Natural Disaster and Emergency 
     Ballot Act of 2020, including the implementation of safety 
     requirements pursuant to subsection (b) of such section and 
     initiatives to recruit pollworkers pursuant to subsection (c) 
     of such section.
       ``(ii) Implementing public awareness and education 
     campaigns and initiatives to ensure voters are aware of 
     election dates and election administration practices.
       ``(iii) Establishing a system for voters to submit an 
     online request for an absentee ballot pursuant to section 
     102(e) of such Act.
       ``(iv) Implementing requirements with respect to 
     availability of voting prior to election day pursuant to 
     section 321 of this Act.
       ``(v) Purchasing additional and upgrading high speed ballot 
     printers, inserters, ballot sorters, envelope extractors, and 
     scanners to send and process absentee ballots and purchasing 
     ballot drop boxes.
       ``(vi) The development or purchase, implementation, and use 
     of technology to allow election officials to electronically 
     verify a voter's signature on a ballot envelope against a 
     voter's signature on file without physically handling the 
     envelope, provided that the technology is not connected to 
     the internet.
       ``(vii) Use of downloadable and printable ballots by 
     qualified individuals pursuant to section 103C of the 
     Uniformed and Overseas Citizens Absentee Voting Act.
       ``(viii) Developing or purchasing secure accessible remote 
     ballot marking systems for use by voters with disabilities, 
     provided that such systems do not cause the voter's ballot 
     selections to be transmitted over the internet and do not 
     allow for the electronic submission of a marked ballot.
       ``(ix) Improving the accessibility of polling locations, 
     early voting locations, and ballot drop-off boxes.
       ``(x) Implementing a curb-side voting system for voters to 
     cast a ballot safely, accessibly, and privately.
       ``(xi) Providing return envelopes and the postage 
     associated with such envelopes pursuant to section 323 of 
     this Act.
       ``(xii) Ensuring strong chain of custody procedures for 
     handling ballots.
       ``(xiii) Improving the transparency of election procedures 
     to the public, including but not limited to signature 
     verification procedures, election canvasses, and post-
     election auditing.
       ``(2) Primary elections.--A State may use such funds--
       ``(A) to voluntarily comply with and implement the 
     provisions of and amendments made by the Natural Disaster and 
     Emergency Ballot Act of 2020 with respect to primary 
     elections held in the State during 2020;

[[Page S3440]]

       ``(B) to carry out one or more of the activities described 
     in paragraph (1)(B) with respect to such primary elections; 
     and
       ``(C) to reimburse political parties for the costs of 
     sending absentee ballots and return envelopes with prepaid 
     postage to eligible voters participating in such primary 
     elections.
       ``(3) Limitation.--A State may not use such funds for the 
     electronic return of marked ballots by any voter.
       ``(c) Amount of Payment.--
       ``(1) In general.--The amount of payment made to a State 
     under this section shall be the minimum payment amount 
     described in paragraph (2) plus the voting age population 
     proportion amount described in paragraph (3).
       ``(2) Minimum payment amount.--The minimum payment amount 
     described in this paragraph is--
       ``(A) in the case of any of the several States or the 
     District of Columbia, $5,000,000; and
       ``(B) in the case of the Commonwealth of Puerto Rico, Guam, 
     American Samoa, or the United States Virgin Islands, 
     $1,000,000.
       ``(3) Voting age population proportion amount.--
       ``(A) In general.--The voting age population proportion 
     amount described in this paragraph is the product of--
       ``(i) the aggregate amount made available for payments 
     under this section minus the total of all of the minimum 
     payment amounts under paragraph (2); and
       ``(ii) the voting age population proportion for the State 
     (as defined in subparagraph (B)).
       ``(B) Voting age population proportion defined.--The term 
     `voting age population proportion' means, with respect to a 
     State, the amount equal to the quotient of--
       ``(i) the voting age population of the State (as reported 
     in the most recent decennial census); and
       ``(ii) the total voting age population of all States (as 
     reported in the most recent decennial census).
       ``(d) Pass-through of Funds to Local Jurisdictions.--
       ``(1) In general.--At least 80 percent of funds provided to 
     a State under a payment under this section shall be passed 
     through to local jurisdictions or Tribal governments to carry 
     out activities described in subsection (b)(1) with respect to 
     the 2020 general election occurring on November 3, 2020.
       ``(2) Guidance.--When distributing such funds to local 
     jurisdictions or Tribal governments, a State should consider 
     prioritizing funding for communities and areas that are most 
     impacted by the COVID-19 coronavirus.
       ``(3) Definitions.--In this subsection:
       ``(A) Indian tribe.--The term `Indian Tribe' has the 
     meaning given the term `Indian tribe' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       ``(B) Tribal government.--The term `Tribal Government' 
     means the recognized governing body of an Indian Tribe.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     for payments under this section $3,600,000,000.
       ``(2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization under this subsection shall remain 
     available without fiscal year limitation.''.
       (b) Conforming Amendments.--
       (1) Section 202 of the Help America Vote Act of 2002 (52 
     U.S.C. 20922), as amended by section 107(e), is amended by 
     redesignating paragraphs (7) and (8) as paragraphs (8) and 
     (9), respectively, and by inserting after paragraph (6) the 
     following new paragraph:
       ``(7) carrying out the duties described in part 9 (relating 
     to payments to States for carrying out requirements under the 
     Natural Disaster and Emergency Ballot Act of 2020 with 
     respect to the 2020 general election);''.
       (2) The table of contents for such Act is amended by 
     inserting after the item related to section 297 the 
     following:

 ``PART 9--Payments to States to Carry Out Requirements Under Natural 
Disaster and Emergency Ballot Act of 2020 With Respect to 2020 General 
                                Election

``Sec. 299. Payments to States.''.

     SEC. 112. ADDITIONAL APPROPRIATIONS FOR THE ELECTION 
                   ASSISTANCE COMMISSION.

       (a) In General.--In addition to any funds otherwise 
     appropriated to the Election Assistance Commission for fiscal 
     year 2020, there is authorized to be appropriated $3,000,000 
     for fiscal year 2020 in order for the Commission to provide 
     additional assistance and resources to States for improving 
     the administration of elections.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to the authorization under this subsection shall remain 
     available without fiscal year limitation.

     SEC. 113. RESEARCH AND DEVELOPMENT FOR THE NATIONAL INSTITUTE 
                   OF STANDARDS AND TECHNOLOGY.

       (a) Research and Development of Signature Guidelines.--The 
     Director of the National Institute of Standards and 
     Technology shall work with States, forensics experts, and the 
     disability community to expand the research and develop best 
     practices or guidelines for the acceptance, verification, and 
     curing of signatures for mail-in ballots.
       (b) Research Study on the Electronic Transmission of Marked 
     Ballots.--
       (1) In general.--The Director of the National Institute of 
     Standards and Technology shall conduct a research study into 
     cybersecurity risks associated with the electronic 
     transmission of marked ballots and ways to mitigate those 
     risks and increase accessibility.
       (2) Scope of study.--The study conducted under this 
     subsection shall include the following:
       (A) An evaluation, comparison, and contrast of the security 
     and accessibility of e-mail, fax, web portals, electronic, or 
     other online transmission systems used by States and local 
     election offices to receive marked ballots including guidance 
     for how such systems may comply with cybersecurity standards 
     for Federal information technology systems set by National 
     Institute of Standards and Technology Special Publication 
     800-53, Security and Privacy Controls for Federal Information 
     Systems and Organizations, and accessibility standards set by 
     the Americans with Disability Act of 1990 (42 U.S.C. 12101 et 
     seq.) and the Help America Vote Act of 2002 (52 U.S.C. 20901 
     et seq.).
       (B) An evaluation of risks and benefits associated with the 
     continued or expanded use of such systems by overseas and 
     domestic voters to return their marked ballots, including 
     updating the following reports:
       (i) NISTIR 7551, A Threat Analysis on UOCAVA Voting 
     Systems.
       (ii) NISTIR 7711, Security Best Practices for the 
     Electronic Transmission of Election Materials for UOCAVA 
     Voters.
       (iii) NISTIR 7682, Information System Security Best 
     Practices for UOCAVA-Supporting Systems.
       (iv) NISTIR 7700, Security Considerations for Remote 
     Electronic UOCAVA Voting.
       (C) An evaluation of any risks and benefits associated with 
     the continued or expanded use of such systems by voters with 
     disabilities.
       (D) An evaluation of any cybersecurity improvements which 
     are necessary for such systems and ballots transmitted using 
     such systems to be secure against tampering by foreign 
     intelligence agencies, hackers, and other sophisticated 
     adversaries.
       (E) An evaluation of any accessibility improvements which 
     are necessary for such systems and ballots transmitted using 
     such systems to be accessible for people with any kind of 
     disability.
       (3) Final report.--Not later than January 1, 2023, the 
     Director shall submit to Congress a report containing the 
     results of the study conducted under this subsection.
       (4) Authorization.--In addition to any funds otherwise 
     appropriated to the National Institute of Standards and 
     Technology for fiscal year 2020, there is authorized to be 
     appropriated $5,000,000 for fiscal year 2020 to conduct the 
     study under this subsection.

     SEC. 114. MODIFYING PROVISIONS ON FUNDING FOR ELECTION 
                   SECURITY GRANTS.

       (a) Waiver of Matching Requirement.--The last proviso under 
     the heading ``Election Assistance Commission, Election 
     Security Grants'' in the Financial Services and General 
     Government Appropriations Act, 2020 (Public Law 116-93; 133 
     Stat. 2461) shall not apply with respect to any payment made 
     to a State using funds appropriated or otherwise made 
     available to the Election Assistance Commission under the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (b) Modification of Reporting Deadline.--The first proviso 
     under the heading ``Election Assistance Commission, Election 
     Security Grants'' in the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136) is amended by 
     striking ``within 20 days of each election in the 2020 
     Federal election cycle in that State,'' and inserting ``not 
     later than October 30, 2021,''.
       (c) Extension for Use of Funds.--The fourth proviso under 
     the heading ``Election Assistance Commission, Election 
     Security Grants'' in the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136) is amended by 
     striking ``December 31, 2020'' and inserting ``September 30, 
     2021''.
       (d) Reallocation of Funds.--A State may elect to reallocate 
     funds allocated under the heading ``Election Assistance 
     Commission, Election Security Grants'' in the Coronavirus 
     Aid, Relief, and Economic Security Act (Public Law 116-136)--
       (1) as funds allocated under the heading ``Election 
     Assistance Commission, Election Security Grants'' in the 
     Financial Services and General Government Appropriations Act, 
     2020 (Public Law 116-93; 133 Stat. 2461) that were spent to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, for the 2020 Federal 
     election cycle; or
       (2) as funds allocated under the heading ``Election 
     Assistance Commission, Election Reform Program'' in the 
     Financial Services and Government Appropriations Act, 2018 
     (Public Law 115-141) that were spent to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     for the 2020 Federal election cycle.
       (e) Effective Date.--This section shall take effect as if 
     included in the enactment of the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136).
                                 ______
                                 
  SA 1951. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S3441]]


  

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON THE PURCHASE OF DOGS AND CATS FROM 
                   WET MARKETS IN CHINA USING FEDERAL FUNDS.

       (a) Definition of Wet Market.--In this section, the term 
     ``wet market'' means a marketplace--
       (1) where fresh meat, fish, and live animals are bought, 
     sold, and slaughtered; and
       (2) that is not regulated under any standardized sanitary 
     or health inspection processes that meet applicable standards 
     required for similar establishments in the United States, as 
     determined by the Secretary of Agriculture.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, no Federal funds made available by any law may be used 
     by the Federal Government, or any recipient of the Federal 
     funds under a contract, grant, subgrant, or other assistance, 
     to purchase from a wet market in China--
       (1) a live cat, dog, or other animal;
       (2) a carcass, any part, or any item containing any part of 
     a cat, dog, or other animal; or
       (3) any other animal product.
                                 ______
                                 
  SA 1952. Mr. SCOTT of Florida (for himself, Mr. Murphy, Mrs. 
Blackburn, Mr. Blumenthal, Mr. Cotton, Mr. Rubio, Mr. Hawley, and Ms. 
McSally) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

  Subtitle H--Limitation on Procurement of Drones and Other Unmanned 
                            Aircraft Systems

     SEC. 896. SHORT TITLE.

       This subtitle may be cited as the ``American Security Drone 
     Act of 2020''.

     SEC. 897. DEFINITIONS.

       In this subtitle:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means--
       (A) a covered entity designated by the Secretary of 
     Commerce;
       (B) an entity included on the Consolidated Screening List;
       (C) any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security;
       (D) any entity the Secretary of Homeland Security, in 
     coordination with the Director of National Intelligence and 
     the Secretary of Defense, determines poses a national 
     security risk;
       (E) any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security; or
       (F) any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Covered unmanned aircraft system.--The term ``covered 
     unmanned aircraft system'' has the meaning given the term 
     ``unmanned aircraft system'' in section 44801 of title 49, 
     United States Code.

     SEC. 898. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     and (c), the head of an executive agency may not procure any 
     covered unmanned aircraft system that are manufactured or 
     assembled by a covered foreign entity, which includes 
     associated elements (consisting of communication links and 
     the components that control the unmanned aircraft) that are 
     required for the operator to operate safely and efficiently 
     in the national airspace system.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal investigations, including forensic 
     examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis with 
     the approval of the Secretary of Homeland Security or the 
     Secretary of Defense and notification to Congress.

     SEC. 899. PROHIBITION ON OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) Prohibition.--
       (1) In general.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, no Federal 
     department or agency may operate a covered unmanned aircraft 
     system manufactured or assembled by a covered foreign entity.
       (2) Applicability to contracted services.--The prohibition 
     under paragraph (1) applies to any covered unmanned aircraft 
     systems that are being used by any executive agency through 
     the method of contracting for the services of covered 
     unmanned aircraft systems.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal investigations, including forensic 
     examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis with 
     the approval of the Secretary of Homeland Security or the 
     Secretary of Defense and notification to Congress.
       (d) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall prescribe regulations or guidance to 
     implement this section.

     SEC. 899A. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES 
                   AND OPERATION OF COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, except as 
     provided in subsection (b), no Federal funds awarded through 
     a contract, grant, or cooperative agreement, or otherwise 
     made available may be used--
       (1) to purchase a covered unmanned aircraft system, or a 
     system to counter unmanned aircraft systems, that is 
     manufactured or assembled by a covered foreign entity; or
       (2) in connection with the operation of such a drone or 
     unmanned aircraft system.
       (b) Exemption.--A Federal department or agency is exempt 
     from the restriction under subsection (a) if--
       (1) the contract, grant or cooperative agreement was 
     awarded prior to the date of the enactment of the bill; or
       (2) the operation or procurement is for the sole purposes 
     of research, evaluation, training, testing, or analysis, as 
     determined by the Secretary of Homeland Security, the 
     Secretary of Defense, or the Attorney General, for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal investigations, including forensic 
     examinations; and
       (3) is required in the national interest of the United 
     States.
       (c) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall prescribe regulations or guidance, as 
     necessary, to implement the requirements of this section 
     pertaining to Federal contracts.

     SEC. 899B. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE 
                   CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       Effective immediately, Government-issued Purchase Cards may 
     not be used to procure any covered unmanned aircraft system 
     from a covered foreign entity.

     SEC. 899C. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN 
                   ENTITIES.

       (a) In General.-- Effective immediately, all executive 
     agencies must account for existing inventories of covered 
     unmanned aircraft systems manufactured or assembled by a 
     covered foreign entity in their personal property accounting 
     systems, regardless of the original procurement cost, or the 
     purpose of procurement due to the special monitoring and 
     accounting measures necessary to track the items' 
     capabilities.
       (b) Classified Tracking.--Due to the sensitive nature of 
     missions and operations conducted by the United States 
     Government, inventory data related to covered unmanned 
     aircraft systems manufactured or assembled by a covered 
     foreign entity may be tracked at a classified level.
       (c) Exceptions.--The Department of Defense and Department 
     of Homeland Security may exclude from the full inventory 
     process, covered unmanned aircraft systems that are deemed 
     expendable due to mission risk such as recovery issues or 
     that are one-time-use covered unmanned aircraft due to 
     requirements and low cost.

     SEC. 899D. COMPTROLLER GENERAL REPORT.

       Not later than 275 days after the date of the enactment of 
     this Act, the Comptroller

[[Page S3442]]

     General of the United States shall submit to Congress a 
     report on the amount of commercial off-the-shelf drones and 
     covered unmanned aircraft systems procured by Federal 
     departments and agencies from covered foreign entities.

     SEC. 899E. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED 
                   AIRCRAFT SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Department of 
     Homeland Security, Department of Transportation, the 
     Department of Justice, and other Departments as determined by 
     the Director of the Office of Management and Budget, and in 
     consultation with the National Institute of Standards and 
     Technology, shall establish a government-wide policy for the 
     procurement of UAS--
       (1) for non-Department of Defense and non-intelligence 
     community operations; and
       (2) through grants and cooperative agreements entered into 
     with non-Federal entities.
       (b) Information Security.--The policy developed under 
     subsection (a) shall include the following specifications, 
     which to the extent practicable, shall be based on industry 
     standards and technical guidance from the National Institute 
     of Standards and Technology, to address the risks associated 
     with processing, storing and transmitting Federal information 
     in a UAS:
       (1) Protections to ensure controlled access of UAS.
       (2) Protecting software, firmware, and hardware by ensuring 
     changes to UAS are properly managed, including by ensuring 
     UAS can be updated using a secure, controlled, and 
     configurable mechanism.
       (3) Cryptographically securing sensitive collected, stored, 
     and transmitted data, including proper handling of privacy 
     data and other controlled unclassified information.
       (4) Appropriate safeguards necessary to protect sensitive 
     information, including during and after use of UAS.
       (5) Appropriate data security to ensure that data is not 
     transmitted to or stored in non-approved locations.
       (6) The ability to opt out of the uploading, downloading, 
     or transmitting of data that is not required by law or 
     regulation and an ability to choose with whom and where 
     information is shared when it is required.
       (c) Requirement.--The policy developed under subsection (a) 
     shall reflect an appropriate risk-based approach to 
     information security related to use of UAS.
       (d) Revision of Acquisition Regulations.--Not later than 
     180 days after the date on which the policy required under 
     subsection (a) is issued--
       (1) the Federal Acquisition Regulatory Council shall revise 
     the Federal Acquisition Regulation, as necessary, to 
     implement the policy; and
       (2) any Federal department or agency or other Federal 
     entity not subject to, or not subject solely to, the Federal 
     Acquisition Regulation shall revise applicable policy, 
     guidance, or regulations, as necessary, to implement the 
     policy.
       (e) Exemption.--In developing the policy required under 
     subsection (a), the Director of the Office of Management and 
     Budget shall incorporate an exemption to the policy for the 
     following reasons:
       (1) In the case of procurement for the purposes of 
     training, testing or analysis for--
       (A) electronic warfare; or
       (B) information warfare operations.
       (2) In the case of researching UAS technology, including 
     testing, evaluation, research, or development of technology 
     to counter UAS.
       (3) In the case of a head of the procuring department or 
     agency determining, in writing, that no product that complies 
     with the information security requirements described in 
     subsection (b) is capable of fulfilling mission critical 
     performance requirements, and such determination--
       (A) may not be delegated below the level of the Deputy 
     Secretary of the procuring department or agency;
       (B) shall specify--
       (i) the quantity of end items to which the waiver applies, 
     the procurement value of which may not exceed $50,000 per 
     waiver; and
       (ii) the time period over which the waiver applies, which 
     shall not exceed 3 years;
       (C) shall be reported to the Office of Management and 
     Budget following issuance of such a determination; and
       (D) not later than 30 days after the date on which the 
     determination is made, shall be provided to the Committee on 
     Homeland Security and Government Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives.

     SEC. 899F. STUDY.

       (a) Independent Study.--Not later than 3 years after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall seek to enter into a contract 
     with a federally funded research and development center under 
     which the center will conduct a study of--
       (1) the current and future unmanned aircraft system global 
     and domestic market;
       (2) the ability of the unmanned aircraft system domestic 
     market to keep pace with technological advancements across 
     the industry;
       (3) the ability of domestically made unmanned aircraft 
     systems to meet the network security and data protection 
     requirements of the national security enterprise;
       (4) the extent to which unmanned aircraft system component 
     parts, such as the parts described in section 898(a), are 
     made domestically; and
       (5) an assessment of the economic impact, including cost, 
     of excluding the use of foreign-made UAS for use across the 
     Federal Government.
       (b) Submission to OMB.--Upon completion of the study in 
     subsection (a), the federally funded research and development 
     center shall submit the study to the Director of the Office 
     of Management and Budget.
       (c) Submission to Congress.--Not later than 30 days after 
     the date on which the Director of the Office of Management 
     and Budget receives the study under subsection (b), the 
     Director shall submit the study to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (2) the Committee on Homeland Security and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.

     SEC. 899G. SUNSET.

       Sections 898, 899, and 899A shall cease to have effect on 
     the date that is 5 years after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 1953. Mr. MURPHY (for himself, Ms. Warren, and Ms. Baldwin) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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 VIII, insert the 
     following:

     SEC. __. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR 
                   DEFENSE ACQUISITION PROGRAM PROCUREMENTS.

       (a) Assessment Required.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     assessing the domestic source content of procurements carried 
     out in connection with major defense acquisition programs.
       (2) Information repository.--The Secretary of Defense shall 
     establish an information repository for the collection and 
     analysis of information related to domestic source content 
     that can be used for continuous data analysis and program 
     management activities.
       (b) Enhanced Domestic Content Requirement.--
       (1) In general.--For purposes of chapter 83 of title 41, 
     United States Code, manufactured articles, materials, or 
     supplies procured in connection with a major defense 
     acquisition program are manufactured substantially all from 
     articles, materials, or supplies mined, produced, or 
     manufactured in the United States if such component articles, 
     materials, or supplies comprise 100 percent of the 
     manufactured articles, materials, or supplies.
       (2) Effective date.--The domestic content requirement under 
     paragraph (1) applies to contracts entered into on or after 
     October 1, 2021.
       (c) Major Defense Acquisition Program Defined.--In this 
     section, the term ``major defense acquisition program'' has 
     the meaning given the term in section 2430 of title 10, 
     United States Code.
                                 ______
                                 
  SA 1954. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. CLIMATE SECURITY ENVOY.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Climate Security Envoy.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2021, the President shall appoint, by and 
     with the advice and consent of the Senate, a Climate Security 
     Envoy, who shall serve in the Bureau of Oceans and 
     International Environmental and Scientific Affairs of the 
     Department of State.
       ``(2) Duties.--The Climate Security Envoy--
       ``(A) shall develop a climate security policy in accordance 
     with paragraph (3);
       ``(B) shall coordinate the integration of scientific data 
     on the current and anticipated effects of climate change into 
     applied strategies across programmatic and regional bureaus 
     of the Department of State and into the Department's decision 
     making processes;
       ``(C) shall serve as a key point of contact for other 
     Federal agencies, including the Department of Defense, the 
     Department of Homeland Security, and the Intelligence 
     Community, on climate security issues;

[[Page S3443]]

       ``(D) shall use the voice, vote, and influence of the 
     United States to encourage other countries and international 
     multilateral organizations to support the principles of the 
     climate security policy developed under paragraph (3);
       ``(E) shall perform such other duties and exercise such 
     powers as the Secretary of State shall prescribe; and
       ``(F) may not--
       ``(i) perform the functions of the Special Envoy for 
     Climate Change to the United Nations; or
       ``(ii) serve as the United States negotiator in any 
     international forum to address climate change.
       ``(3) Climate security policy.--The Climate Security Envoy 
     shall develop and facilitate the implementation of a climate 
     security policy that requires the Bureau of Conflict and 
     Stabilization Operations, the Bureau of Political-Military 
     Affairs, embassies, regional bureaus, and other offices with 
     a role in conflict avoidance, prevention and security 
     assistance, or humanitarian disaster response, prevention, 
     and assistance to assess, develop, budget for, and (upon 
     approval) implement plans, policies, and actions--
       ``(A) to enhance the resilience capacities of foreign 
     countries to the effects of climate change as a means of 
     reducing the risk of conflict and instability;
       ``(B) to evaluate specific added risks to certain regions 
     and countries that are--
       ``(i) vulnerable to the effects of climate change; and
       ``(ii) strategically significant to the United States;
       ``(C) to account for the impacts on human health, safety, 
     stresses, reliability, food production, fresh water and other 
     critical natural resources, and economic activity;
       ``(D) to coordinate the integration of climate change risk 
     and vulnerability assessments into the decision-making 
     process for awarding foreign assistance;
       ``(E) to advance principles of good governance by 
     encouraging foreign governments, particularly nations that 
     are least capable of coping with the effects of climate 
     change--
       ``(i) to conduct climate security evaluations; and
       ``(ii) to facilitate the development of climate security 
     action plans to ensure stability and public safety in 
     disaster situations in a humane and responsible fashion; and
       ``(F) to evaluate the vulnerability, security, 
     susceptibility, and resiliency of United States interests and 
     non-defense assets abroad.
       ``(4) Report.--The Climate Security Envoy shall regularly 
     report to the Secretary of State regarding the activities 
     described in paragraphs (2) and (3) to integrate climate 
     concerns into agendas and program budget requests.
       ``(5) Rank and status of ambassador.--The Climate Security 
     Envoy shall have the rank and status of Ambassador-at-Large.
       ``(6) Defined term.--In this subsection, the term `climate 
     security' means the effects of climate change on--
       ``(A) United States national security concerns and 
     subnational, national, and regional political stability; and
       ``(B) overseas security and conflict situations that are 
     potentially exacerbated by dynamic environmental factors and 
     events, including--
       ``(i) the intensification and frequency of droughts, 
     floods, wildfires, tropical storms, and other extreme weather 
     events;
       ``(ii) changes in historical severe weather, drought, and 
     wildfire patterns;
       ``(iii) the expansion of geographical ranges of droughts, 
     floods, and wildfires into regions that had not regularly 
     experienced such phenomena;
       ``(iv) global sea level rise patterns and the expansion of 
     geographical ranges affected by drought; and
       ``(v) changes in marine environments that effect critical 
     geostrategic waterways, such as the Arctic Ocean, the South 
     China Sea, the South Pacific Ocean, the Barents Sea, and the 
     Beaufort Sea.''.
                                 ______
                                 
  SA 1955. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. ENHANCING UNITED STATES SECURITY CONSIDERATIONS FOR 
                   GLOBAL CLIMATE DISRUPTIONS.

       (a) In General.--The Secretary of State, in cooperation 
     with other relevant agencies, shall conduct periodic 
     comprehensive evaluations of present and ongoing disruptions 
     to the global climate system, including--
       (1) the intensity, frequency, and range of natural 
     disasters;
       (2) the scarcity of global natural resources, including 
     fresh water;
       (3) global food, health, and energy insecurities;
       (4) conditions that contribute to--
       (A) intrastate and interstate conflicts;
       (B) foreign political and economic instability;
       (C) international migration of vulnerable and underserved 
     populations;
       (D) the failure of national governments; and
       (E) gender-based violence; and
       (5) United States and allied military readiness, 
     operations, and strategy.
       (b) Purposes.--The purposes of the evaluations conducted 
     under subsection (a) are--
       (1) to support the practical application of scientific data 
     and research on climate change's dynamic effects around the 
     world to improve resilience, adaptability, security, and 
     stability despite growing global environmental risks and 
     changes;
       (2) to ensure that the strategic planning and mission 
     execution of United States international development and 
     diplomatic missions adequately account for heightened and 
     dynamic risks and challenges associated with the effects of 
     climate change;
       (3) to improve coordination between United States science 
     agencies conducting research and forecasts on the causes and 
     effects of climate change and United States national security 
     agencies; and
       (4) to better understand the disproportionate effects of 
     global climate disruptions on women, girls, indigenous 
     communities, and other historically marginalized populations.
       (c) Scope.--The evaluations conducted under subsection (a) 
     shall--
       (1) examine developing countries' vulnerabilities and risks 
     associated with global, regional, and localized effects of 
     climate change; and
       (2) assess and make recommendations on necessary measures 
     to mitigate risks and reduce vulnerabilities associated with 
     effects, including--
       (A) sea level rise;
       (B) freshwater resource scarcity;
       (C) wildfires; and
       (D) increased intensity and frequency of extreme weather 
     conditions and events, such as flooding, drought, and extreme 
     storm events, including tropical cyclones.
                                 ______
                                 
  SA 1956. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. TRANSPARENCY.

       (a) Defined Term.--In this section, the term ``climate 
     security'' means the effects of climate change on--
       (1) United States national security concerns and 
     subnational, national, and regional political stability; and
       (2) overseas security and conflict situations that are 
     potentially exacerbated by dynamic environmental factors and 
     events, including--
       (A) the intensification and frequency of droughts, floods, 
     wildfires, tropical storms, and other extreme weather events;
       (B) changes in historical severe weather, drought, and 
     wildfire patterns;
       (C) the expansion of geographical ranges of droughts, 
     floods, and wildfires into regions that had not regularly 
     experienced such phenomena;
       (D) global sea level rise patterns and the expansion of 
     geographical ranges affected by drought; and
       (E) changes in marine environments that effect critical 
     geostrategic waterways, such as the Arctic Ocean, the South 
     China Sea, the South Pacific Ocean, the Barents Sea, and the 
     Beaufort Sea.
       (b) In General.--Any commission, advisory panel, or 
     committee designated by the President to examine or evaluate 
     climate security shall comply with the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       (c) Whistleblower Protections.--Section 2302(b)(8)(A) of 
     title 5, United States Code, is amended--
       (1) in clause (i), by striking ``, or'' and inserting a 
     semicolon;
       (2) by redesignating clause (ii) as clause (iii); and
       (3) by inserting after clause (i) the following:
       ``(ii) a deliberate manipulation, misjudgment, removal, or 
     obfuscation of, or failure to take into account, data and 
     information critical to fulsome or accurate national security 
     assessment and planning; or''.
       (d) Accessibility of Processes.--The President shall ensure 
     that the draft and final reports, studies, and policy 
     recommendations relating to climate security research that 
     are compiled by entities working under the direction of the 
     Federal Government are made available to the public.
                                 ______
                                 
  SA 1957. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X of division A, add the 
     following:


[[Page S3444]]


  


     SEC. 1035. COUNTERING WHITE IDENTITY TERRORISM.

       (a) Short Title.--This section may be cited as the 
     ``Countering Global White Supremacist Terrorism Act''.
       (b) Findings.--Congress finds the following:
       (1) ``White Identity Terrorism'' is the term used by the 
     Department of State to encompass white nationalist and white 
     supremacist terrorists. Individuals who adhere to white 
     nationalist and white supremacist ideologies share a common 
     belief that white people and ``white identity'' in western 
     countries are under siege and pursue the destruction of 
     pluralistic values intrinsic to the American way of life.
       (2) The Global Terrorism Database and corresponding Global 
     Terrorism Index have recorded a rise in the number and 
     lethality of white identity terrorist incidents during the 
     past decade, both domestically and internationally.
       (3) Various individuals, networks, and organizations fall 
     under the umbrella of the global white identity terrorist 
     movement, whose adherents are becoming increasingly 
     internationalized, with fighters and terrorist ideology 
     moving across borders.
       (4) Irresponsible social media sites are enabling the 
     internationalization of the white identity terrorist movement 
     in terms of organization and recruitment. State and nonstate 
     actors have helped to build a global, online white identity 
     terrorist echo chamber, including by translating terrorist 
     manifestos and promoting other violent extremist content. 
     This activity includes countries using ``troll farms'' to 
     exacerbate fears of immigrants, Muslims, Jews, and other 
     minorities in western countries among potentially sympathetic 
     audiences.
       (5) There is evidence that adherents of the white identity 
     movement in the United States are increasingly traveling 
     overseas for training, further contributing to the 
     internationalization of white identity terrorism. Jihadist 
     experiences in Afghanistan, Iraq, and Syria highlight the 
     dangers that such individuals can pose because of the 
     connections and capabilities they bring with them when they 
     return home.
       (6) The global white identity terrorist movement has 
     manifested a decentralized organizational approach that 
     encourages individuals to operate independently from one 
     another and execute terrorist attacks on their own. This 
     approach poses challenges to law enforcement efforts to 
     track, monitor, and disrupt planned violence. In the same way 
     that Islamist terrorists have looked to figures in al-Qaeda 
     and the Islamic State, white identity terrorists draw on one 
     another for inspiration.
       (7) The growing global interconnectivity of the white 
     identity terrorist movement means that the United States must 
     confront this threat as part of an integrated, whole-of-
     government approach.
       (c) Countering White Identity Terrorism Globally.--
       (1) Strategy and coordination.--Not later than 6 months 
     after the date of the enactment of this Act, the Secretary of 
     State shall--
       (A) develop and submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a Department of State-wide 
     strategy entitled the ``Department of State Strategy for 
     Countering White Identity Terrorism Globally'' (in this 
     subsection referred to as the ``strategy'').
       (B) designate the Coordinator for Counterterrorism of the 
     Department of State to coordinate Department of State efforts 
     to counter white identity terrorism globally, including with 
     United States diplomatic and consular posts, the Director of 
     the National Counterterrorism Center, the Director of the 
     Central Intelligence Agency, the Attorney General, the 
     Director of National Intelligence, the Secretary of Homeland 
     Security, the Director of the Federal Bureau of 
     Investigation, the Secretary of the Treasury, and the heads 
     of other relevant Federal departments or agencies.
       (2) Elements.--The strategy shall, at a minimum, contain 
     the following:
       (A) An assessment of the global threat from white identity 
     terrorism abroad, including geographic or country 
     prioritization based on the assessed threat to the United 
     States.
       (B) A description of the coordination mechanisms between 
     relevant bureaus and offices within the Department of State, 
     including United States diplomatic and consular posts, for 
     developing and implementing efforts to counter white identity 
     terrorism.
       (C) A description of how the Department of State plans to 
     build on any existing strategy developed by the Bureau of 
     Counterterrorism--
       (i) to adapt or expand existing Department programs, 
     projects, activities, or policy instruments based on existing 
     authorities for the specific purpose of degrading and 
     delegitimizing the white identity terrorist movement 
     globally; and
       (ii) to identify the need for any new Department programs, 
     projects, activities, or policy instruments for the specific 
     purpose of degrading and delegitimizing the white identity 
     terrorist movement globally, including a description of the 
     steps and resources necessary to establish any such programs, 
     projects, activities, or policy instruments, noting whether 
     such steps would require new authorities.
       (D) Detailed plans for using public diplomacy, including 
     the efforts of the Secretary of State and other senior 
     executive branch officials, including the President, to 
     degrade and delegitimize white identity terrorist ideologues 
     and ideology globally, including by--
       (i) countering white identity terrorist messaging and 
     supporting efforts to redirect potential supporters away from 
     white identity terrorist content online;
       (ii) exposing foreign government support for white identity 
     terrorist ideologies, objectives, ideologues, networks, 
     organizations, and internet platforms;
       (iii) engaging with foreign governments and internet 
     service providers and other relevant technology entities to 
     prevent or limit white identity terrorists from exploiting 
     internet platforms in furtherance of or in preparation for 
     acts of terrorism or other targeted violence, as well as the 
     recruitment, radicalization, and indoctrination of new 
     adherents to white identity terrorism; and
       (iv) identifying the roles and responsibilities for the 
     Office of the Under Secretary of State for Public Diplomacy 
     and Public Affairs and for the Global Engagement Center in 
     developing and implementing such plans.
       (E) An outline of the steps the Department of State is 
     taking or will take in coordination, as appropriate, with the 
     Director of the National Counterterrorism Center, the 
     Director of the Central Intelligence Agency, the Attorney 
     General, the Director of National Intelligence, the Secretary 
     of Homeland Security, the Director of the Federal Bureau of 
     Investigation, the Secretary of the Treasury, and the heads 
     of any other relevant Federal departments or agencies to 
     improve information and intelligence sharing with other 
     countries on white identity terrorism based on existing 
     authorities by--
       (i) describing plans for adapting or expanding existing 
     mechanisms for sharing information, intelligence, or 
     counterterrorism best practices, including facilitating the 
     sharing of information, intelligence, or counterterrorism 
     best practices gathered by Federal, State, and local law 
     enforcement; and
       (ii) proposing new mechanisms or forums that might enable 
     expanded sharing of information, intelligence, or 
     counterterrorism best practices.
       (F) An outline of how the Department of State plans to use 
     designation as a Specially Designated Global Terrorist (under 
     Executive Order 13224 (50 U.S.C. 1701 note)) or foreign 
     terrorist organization (pursuant to section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189) to support 
     the strategy, including--
       (i) an assessment and explanation of the utility of 
     applying or not applying such designations when individuals 
     or entities satisfy the criteria for such designations; and
       (ii) a description of possible remedies if such criteria 
     are insufficient to enable designation of any individuals or 
     entities the Secretary of State considers a potential 
     terrorist threat to the United States.
       (G) A description of the Department of State's plans, in 
     consultation with the Department of the Treasury, to work 
     with foreign governments, financial institutions and other 
     related entities to counter the financing of white identity 
     terrorists within the parameters of current law, or if no 
     such plans exist, a description of why such plans were not 
     developed.
       (H) A description of how the Department of State plans to 
     implement the strategy in conjunction with ongoing efforts to 
     counter the Islamic State, al-Qaeda, and other terrorist 
     threats to the United States.
       (I) A description of how the Department of State will 
     integrate into the strategy lessons learned in the ongoing 
     efforts to counter the Islamic State, al-Qaeda, and other 
     terrorist threats to the United States.
       (J) An identification of any additional resources or staff 
     needed to implement the strategy.
       (3) Interagency coordination.--The Secretary of State shall 
     develop the strategy in coordination with the Director of the 
     National Counterterrorism Center and in consultation with the 
     Director of the Central Intelligence Agency, the Attorney 
     General, the Director of National Intelligence, the Secretary 
     of Homeland Security, the Director of the Federal Bureau of 
     Investigation, the Secretary of the Treasury, and the heads 
     of any other relevant Federal departments or agencies.
       (4) Stakeholder inclusion.--The strategy shall be developed 
     in consultation with representatives of United States and 
     international civil society and academic entities with 
     experience researching or implementing programs to counter 
     white identity terrorism.
       (5) Form.--The strategy shall be submitted in unclassified 
     form that can be made available to the public, but may 
     include a classified annex if the Secretary of State 
     determines such is appropriate.
       (6) Implementation.--Not later than 3 months after the 
     submission of the strategy, the Secretary of State shall 
     begin implementing the strategy.
       (7) Consultation.--Not later than 3 months after the date 
     of the enactment of this Act and not less frequently than 
     annually thereafter, the Secretary of State shall consult 
     with the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     regarding the development and implementation of the strategy.

[[Page S3445]]

       (d) Annual Country Reports on Terrorism.--Section 140(a) of 
     the Foreign Relations Authorization Act, Fiscal Years 1988 
     and 1989 (22 U.S.C. 2656f(a)) is amended--
       (1) in paragraph (3)(B), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) all credible information about white identity 
     terrorism, including--
       ``(A) relevant attacks;
       ``(B) the identity of perpetrators and victims of such 
     attacks;
       ``(C) the size and identity of organizations and networks; 
     and
       ``(D) the identity of notable ideologues.''.
       (e) Report on Sanctions.--
       (1) In general.--Not later than 120 days after the 
     submission of each of the Annual Country Reports on Terrorism 
     pursuant to section 140 of the Foreign Relations 
     Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
     2656f), and 240 days thereafter, the President shall submit 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report that determines whether the foreign persons, 
     organizations, and networks identified in such reports 
     satisfy the criteria to be designated as--
       (A) foreign terrorist organizations under section 219 of 
     the Immigration and Nationality Act (8 U.S.C. 1189); or
       (B) Specially Designated Global Terrorist Organizations 
     under Executive Order 13224 (50 U.S.C. 1701 note).
       (2) Form.--Each determination required under paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex, if appropriate.
       (f) Requirement for Independent Study to Map the Global 
     White Identity Terrorism Movement.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State shall enter 
     into a contract with a Federally funded research and 
     development center with appropriate expertise and analytical 
     capability to carry out the study described in paragraph (2).
       (2) Study.--The study described in this paragraph shall 
     provide for a comprehensive social network analysis of the 
     global white identity terrorism movement--
       (A) to identify key actors, organizations, and supporting 
     infrastructure; and
       (B) to map the relationships and interactions between such 
     actors, organizations, and supporting infrastructure.
       (3) Report.--
       (A) To the secretary.--Not later than 1 year after the date 
     on which the Secretary of State enters into a contract 
     pursuant to paragraph (1), the Federally funded research and 
     development center referred to in such subsection shall 
     submit to the Secretary a report containing the results of 
     the study required under this section.
       (B) To congress.--Not later than 30 days after receipt of 
     the report under subparagraph (A), the Secretary of State 
     shall submit to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives such report, together with any additional 
     views or recommendations of the Secretary.
                                 ______
                                 
  SA 1958. Mr. MENENDEZ (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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:

TITLE __--ADVANCING COMPETITIVENESS, TRANSPARENCY, AND SECURITY IN THE 
                                AMERICAS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Advancing Competitiveness, 
     Transparency, and Security in the Americas Act of 2020''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) The People's Republic of China has dramatically 
     increased engagement with Latin America and the Caribbean 
     since 2004. Latin America is the second largest destination 
     for Chinese foreign direct investment. China has become the 
     top trading partner of Brazil, Chile, Peru, and Uruguay. 
     China's trade with Latin America has grown from 
     $17,000,000,000 in 2002 to $306,000,000,000 in 2018.
       (2) Between 2005 and 2018, the People's Republic of China 
     provided Latin America with an estimated $141,000,000,000 in 
     development loans and other assistance. The annual amount of 
     such loans and assistance consistently surpasses the annual 
     sovereign lending to Latin America and the Caribbean from 
     either the World Bank or the Inter-American Development Bank.
       (3) The People's Republic of China--
       (A) is investing extensively across the region's extractive 
     sector and agricultural supply chains to more effectively 
     control raw materials supply and pricing;
       (B) has acquired and built new port facilities and other 
     transport and energy infrastructure in Brazil, Panama, Costa 
     Rica, El Salvador, and elsewhere in the region to expand its 
     footprint in Latin America; and
       (C) has developed strong partnerships and engaged in 
     extensive deal-making in telecommunications and other 
     technology-intensive sectors in the Latin American and 
     Caribbean region.
       (4) In 2015, the People's Republic of China and countries 
     of the Community of Latin American and Caribbean States 
     (CELAC) held the first meeting of the China-CELAC Ministerial 
     Forum, at which they agreed to a 5-year cooperation plan 
     regarding politics, security, trade, investment, finance, 
     infrastructure, energy, resources, industry, agriculture, 
     science, and people-to-people exchanges. China is also active 
     in other regional institutions, including multilateral 
     development banks.
       (5) The United States Southern Command has warned that 
     China's space and telecommunications ventures in Latin 
     America and the Caribbean have created United States 
     commercial and security vulnerabilities.
       (6) China has spent more than $244,000,000,000 on energy 
     projects worldwide since 2000, 25 percent of which was spent 
     in Latin America and the Caribbean. Although the majority of 
     this spending was for oil, gas, and coal, China has also been 
     the largest investor in clean energy globally for almost a 
     decade.
       (7) China promotes the repressive use of technology--
       (A) by selling crowd control weapons and riot gear used 
     against demonstrators; and
       (B) by developing tracking systems that can be used by 
     governments to surveil and monitor their citizens.
       (8) Although China did not originally include the Latin 
     America and Caribbean region in its Belt and Road 
     Initiative--
       (A) at a meeting with the Community of Latin American and 
     Caribbean States in January 2018, China invited Latin America 
     and the Caribbean to participate in the Belt and Road 
     Initiative, referring to the region as a natural fit for a 
     program that aims to improve connectivity between land and 
     sea through jointly-built logistic, electricity and 
     information pathways; and
       (B) 19 Latin American and Caribbean countries have signed 
     bilateral Belt and Road Cooperation Agreements since 2017.
       (9) The People's Republic of China offers to finance 
     projects in Latin America and the Caribbean on deceptively 
     easy terms that frequently lead recipient countries to become 
     dependent on, and deeply indebted to, China. Chinese 
     companies frequently engage in corrupt and exploitative 
     practices, including bribery, predatory lending, and project 
     requirements that--
       (A) provide little or no benefit to the host country; and
       (B) facilitate corrupt practices.
       (10) The Government of China expects that Chinese companies 
     will invest the equivalent of $250,000,000,000 in Latin 
     America and the Caribbean by 2025.
       (11) Since 2017, China has used its increasing economic 
     influence in Latin America and the Caribbean to encourage 
     countries, including El Salvador, Panama, and the Dominican 
     Republic, to sever diplomatic relations with Taiwan. Of the 
     17 countries that still maintain diplomatic relations with 
     Taiwan, 9 are in the Western Hemisphere, namely: Belize, 
     Guatemala, Honduras, Nicaragua, Paraguay, St. Kitts and 
     Nevis, St. Lucia, and St. Vincent and the Grenadines.

     SEC. __03. SENSE OF CONGRESS.

       It is the Sense of Congress that--
       (1) the United States shares extensive economic and 
     commercial relations, democratic values, cultural ties, and 
     geographic proximity with the nations of the Western 
     Hemisphere;
       (2) increased United States engagement with countries in 
     the Western Hemisphere is essential to addressing initiatives 
     by rival powers, such as China, to increase their presence 
     and influence over governments in Latin American and the 
     Caribbean at the expense of strategic United States' economic 
     and security interests;
       (3) the United States is uniquely positioned to promote the 
     rule of law and support the strengthening of democratic 
     institutions and individual freedoms in Latin America and the 
     Caribbean, while improving the quality of life of citizens 
     throughout the Western Hemisphere;
       (4) China's growing presence in the Western Hemisphere--
       (A) facilitates the survival of autocratic and anti-
     democratic regimes, such as the Maduro regime and the 
     Government of Cuba, by acting as a lender of last resort and 
     providing other forms of economic support;
       (B) assists such regimes in undermining democratic norms 
     through weapons sales and the proliferation of surveillance 
     technology; and
       (C) provides governments with the resources to implement 
     irresponsible economic policies to the detriment of its 
     citizens.
       (5) the United States Government should continue to assert 
     a positive presence in the Western Hemisphere based upon--
       (A) supporting the rule of law, combating corruption, and 
     advancing digital security as a means to improve prospects 
     for regional growth and development and mitigate the unfair 
     advantage accrued to those that engage in unfair and illegal 
     practices;
       (B) facilitating technical assistance and knowledge-sharing 
     programs that strengthen regional governments' and 
     businesses' capacity for engaging in sound negotiations and 
     contracts, protect their economic interests, and protect the 
     economic interests of their citizens;

[[Page S3446]]

       (C) engaging in development investments that strengthen 
     United States public and private sector ties to Western 
     Hemisphere governments and businesses, promote shared 
     conviction that open markets and fair competition are 
     critical to sustained economic growth, enhance regional 
     businesses' ability to move up the value chain, and are 
     environmentally sustainable;
       (D) raising awareness regarding how the proliferation of 
     Chinese economic largesse and the increased adoption of 
     Chinese surveillance technology can harm Western Hemisphere 
     economies and undermine democratic institutions;
       (E) empowering local and international media and civil 
     society to carefully monitor investment activity in Latin 
     America and the Caribbean to ensure accountability and 
     uncover the malign affects of greater Chinese engagement, 
     including a lack of transparency, facilitation of corruption, 
     unsustainable debt, environmental damage, opaque labor and 
     business practices of Chinese firms, and the increased 
     likelihood of projects that leave host countries in 
     unsustainable debt; and
       (F) promoting greater economic engagement between the 
     United States and other countries of the Western Hemisphere 
     to spur economic development in the region and increase 
     economic opportunities for the United States private sector.

     SEC. __04. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to expand United States' engagement in the Western 
     Hemisphere through economic and public diplomacy that 
     strengthens political and economic relations, reinforces 
     shared democratic values, and facilitates economic 
     development in the Western Hemisphere; and
       (2) to promote United States economic prosperity through 
     increased engagement with Latin America and the Caribbean.

     SEC. __05. DEFINITIONS.

       In this title:
       (1) Caribbean.--The term ``Caribbean'' does not include 
     Cuba, unless it is specifically named.
       (2) Latin america and the caribbean.--The term ``Latin 
     America and the Caribbean'' does not include Cuba, unless 
     Cuba is specifically named.
       (3) Rule of law.--The term ``rule of law'' refers to a 
     durable system of institutions and processes founded on the 
     universal principles of--
       (A) accountability;
       (B) just laws that protect fundamental freedoms;
       (C) open and transparent government processes; and
       (D) accessible and impartial dispute resolution.

     SEC. __06. ASSESSING THE INTENTIONS OF THE PEOPLE'S REPUBLIC 
                   OF CHINA IN THE WESTERN HEMISPHERE.

       (a) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Select Committee on Intelligence of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (b) Reporting Requirement.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     State, working through the Assistant Secretary of State for 
     the Bureau of Intelligence and Research, and in coordination 
     with the Director of National Intelligence and the Director 
     of the Central Intelligence Agency, shall submit a report to 
     the appropriate congressional committees that assesses the 
     nature, intent, and impact to United States strategic 
     interests of--
       (1) Chinese economic activity in Latin America and the 
     Caribbean, such as foreign direct investment, development 
     financing, oil-for-loans deals, other preferential trading 
     arrangements, and projects related to China's Belt and Road 
     Initiative;
       (2) the involvement of Chinese government entities and 
     state-owned enterprises in infrastructure projects in Latin 
     America and the Caribbean, such as--
       (A) the building, renovating, and operating of port 
     facilities, including the Margarita Port of Panama, Posorja 
     Deepwater Port in Ecuador, and the Port of Paranagua in 
     Brazil;
       (B) the building and maintenance of the region's telecom 
     infrastructure, including the installation of 5G 
     technologies, by Chinese companies, including Huawei, ZTE, 
     and possibly others, and the likelihood that these companies 
     will be the dominant providers of telecommunications 
     infrastructure and associated products and services in the 
     region, with great influence over Latin American government 
     telecom entities;
       (C) the building of Ministry of Foreign Affairs and Foreign 
     Trade in Kingston, Jamaica and other government facilities in 
     the region; and
       (D) the building of Ecuador's Coca Codo Sinclair Dam and 
     other energy infrastructure projects in the region.
       (3) Chinese military activity in the region, including 
     military education and training programs, weapons sales, and 
     space-related activities in the military or civilian spheres, 
     such as the major satellite and space control station China 
     recently constructed in Argentina;
       (4) Chinese security activity in Latin America and the 
     Caribbean, including sales of surveillance and monitoring 
     technology to regional governments such as Venezuela, Cuba, 
     and Ecuador, and the potential use of such technology as 
     tools of Chinese intelligence;
       (5) Chinese intelligence engagement in Latin America and 
     the Caribbean, and the development of dual-use platforms;
       (6) the nature of the People's Republic of China's presence 
     in the region, and whether it is competitive, threatening, or 
     benign to the United States' national interests; and
       (7) Chinese diplomatic activity aimed at influencing the 
     decisions, procedures, and programs of multilateral 
     organizations, including the Organization of American States 
     (OAS) and the Inter-American Development Bank (IDB), as well 
     the work in Latin America and the Caribbean of the World Bank 
     and International Monetary Fund (IMF).
       (c) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form and shall include 
     classified annexes.

    Subtitle A--Increasing Competitiveness in Latin America and the 
                               Caribbean

     SEC. __11. DEVELOPING AND IMPLEMENTING A STRATEGY TO INCREASE 
                   ECONOMIC COMPETITIVENESS AND PROMOTE THE RULE 
                   OF LAW.

       (a) Strategy Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     State, in consultation with the Secretary of the Treasury, 
     the Secretary of Commerce, the Attorney General, the United 
     States Trade Representative, the Administrator of the United 
     States Agency for International Development, and the Chief 
     Executive Officer of the United States International 
     Development Finance Corporation, shall submit a multi-year 
     strategy for increasing United States economic 
     competitiveness and promoting the rule of law in Latin 
     American and Caribbean countries, particularly in the areas 
     of investment, sustainable development, commercial relations, 
     anti-corruption activities, and infrastructure projects, to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Finance of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Ways and Means of the House of 
     Representatives.
       (b) Additional Elements.--The strategy submitted pursuant 
     to subsection (a) shall include a plan of action to--
       (1) assist Latin American and Caribbean countries with the 
     sustainable development of their economies;
       (2) promote the rule of law as a means to ensure fair 
     competition, combat corruption, and strengthen legal 
     structures critical to robust democratic governance;
       (3) identify and mitigate obstacles to economic growth in 
     Latin America and the Caribbean;
       (4) maintain free and transparent access to the Internet 
     and digital infrastructure in the Western Hemisphere; and
       (5) facilitate a more competitive environment for United 
     States' businesses in Latin America and the Caribbean.
       (c) Reporting Requirement.--Not later than 1 year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary of State, in consultation with the Secretary of 
     the Treasury, the Secretary of Commerce, the Attorney 
     General, the United States Trade Representative, and the 
     leadership of the United States International Development 
     Finance Corporation, shall brief the congressional committees 
     listed in subsection (a) on the implementation of this 
     subtitle, including examples of successes and challenges.

     SEC. __12. STRENGTHENING UNITED STATES INTERNATIONAL 
                   DEVELOPMENT FINANCE CORPORATION ENGAGEMENT IN 
                   THE CARIBBEAN AND THE WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) United States support for the development of 
     competitive industries in Latin America and the Caribbean, 
     which are necessary for workforce development, increased 
     wages, and further economic development, will provide an 
     opportunity to strengthen United States competitiveness;
       (2) the reliance of the BUILD Act of 2018 on the Gini 
     coefficient to measure eligibility for development financing 
     from the United States International Development Finance 
     Corporation would exclude the Caribbean's 12 countries from 
     qualifying for development financing; and
       (3) given the geographic proximity of Caribbean countries 
     to the United States, the economic stability of Caribbean 
     nations is important to United States national security 
     interests.
       (b) Eligibility of Caribbean Countries for Financing 
     Through the United States International Development Finance 
     Corporation.--Section 1412(c) of the BUILD Act of 2018 
     (division F of Public Law 115-254) is amended by adding at 
     the end the following:
       ``(3) Inclusion of caribbean countries.--Notwithstanding 
     paragraphs (1) and (2), Caribbean countries (excluding Cuba) 
     shall be included among the countries receiving prioritized 
     support under title II during the 10-year period beginning on 
     the date of the enactment of the Advancing Competitiveness, 
     Transparency, and Security in the Americas Act of 2020.''.
       (c) Prioritizing Engagement in the Western Hemisphere.--
     Section 1412 of the BUILD

[[Page S3447]]

     Act of 2018, as amended by subsection (c), is further amended 
     by adding at the end the following:
       ``(d) Foreign Policy Guidance.--The Secretary of State, in 
     accordance with the priorities identified in subsection (c), 
     shall provide foreign policy guidance to the Corporation to 
     prioritize development financing to Latin American and 
     Caribbean countries (excluding Cuba) by dedicating not less 
     than 40 percent of development financing and equity 
     investments to countries in Latin America and the Caribbean 
     during the 10-year period beginning on the date of the 
     enactment of the Advancing Competitiveness, Transparency, and 
     Security in the Americas Act of 2020.''.

     SEC. __13. ADVANCING REGULATION OF FOREIGN INVESTMENT IN 
                   INFRASTRUCTURE PROJECTS TO PROTECT HOST 
                   COUNTRIES' NATIONAL INTERESTS.

       (a) Finding.--Congress finds that the Committee on Foreign 
     Investment in the United States (referred to in this 
     subsection as ``CFIUS''), as set forth in section 721 of the 
     Defense Production Act of 1950 (50 U.S.C. 4565)--
       (1) protects United States national security interests that 
     are related to foreign direct investment in the United States 
     economy; and
       (2) provides a mechanism by which the United States 
     Government can respond to concerns that investments may be 
     driven by political, rather than economic, motives.
       (b) In General.--The Secretary of State, working through 
     the Assistant Secretary of State for Economic and Business 
     Affairs and the Assistant Secretary of State for 
     International Narcotics and Law Enforcement Affairs, in 
     coordination with the Secretary of the Treasury, shall offer 
     to provide technical assistance to partner governments in 
     Latin America and the Caribbean to assist members of national 
     legislatures and executive branch officials in establishing 
     legislative and regulatory frameworks that are similar to the 
     frameworks set forth in section 721 of the Defense Production 
     Act of 1950 (50 U.S.C. 4565).
       (c) Purposes.--In carrying out subsection (b), the 
     Secretary of State, in coordination with the Secretary of the 
     Treasury, shall actively encourage partner governments--
       (1) to protect their respective country's national security 
     interests;
       (2) to protect the national security interests of their 
     allies; and
       (3) to review and approve, suspend, or prohibit investments 
     and projects, on a case-by-case basis and in the aggregate, 
     to evaluate and assess their potential risk to such national 
     security interests.
       (d) Diplomatic Engagement.--In providing the technical 
     assistance described in subsection (b), the Secretary of 
     State shall conduct diplomatic engagement with legislators 
     from countries vital to the interests of the United States to 
     encourage them to adopt legislation described in subsections 
     (b) and (c) to regulate infrastructure development projects
       (e) Strategy.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     strategy for carrying out the activities described in 
     subsections (b) and (c) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (4) the Committee on Foreign Affairs of the House of 
     Representatives;
       (5) the Committee on Appropriations of the House of 
     Representatives; and
       (6) the Committee on Financial Services of the House of 
     Representatives.
       (f) Semiannual Briefing Requirement.--Not later than 180 
     days after the date of the enactment of this Act, and every 
     180 days thereafter, the Secretary of State shall provide a 
     briefing regarding the activities described in subsections 
     (b) and (c) and the strategy submitted under subsection (E) 
     to--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
       (g) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of State $10,000,000 for fiscal year 2020 to 
     carry out the activities set forth in subsections (b) and 
     (c).
       (2) Notification requirements.--Amounts appropriated 
     pursuant to paragraph (1) are subject to the notification 
     requirements applicable to expenditures from the Economic 
     Support Fund under section 531(c) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2346(c)) and the International 
     Narcotics and Law Enforcement Fund under section 489 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291h), to the 
     extent that such funds are expended.

     SEC. __14. STRENGTHENING INFRASTRUCTURE PROJECT SELECTION AND 
                   PROCUREMENT PROCESSES.

       (a) Findings.--Congress makes the following findings:
       (1) Pervasive corruption, as evidenced by the Odebrecht 
     construction scandal and the Panama Papers, is an ingrained 
     and longstanding characteristic of doing business in Latin 
     America and the Caribbean.
       (2) China further exacerbates the levels of corruption in 
     the region by engaging in corrupt practices when pursuing 
     secure infrastructure contracts and procurement agreements.
       (3) Procurement agreements not based exclusively on cost, 
     quality, and necessity can lead to projects that do not serve 
     the best interests of the public.
       (b) Engagement Initiatives.--The Secretary of State, in 
     coordination with the Administrator of the United States 
     AGency for International Development, the Chief Executive 
     Officer of United States International Development Finance 
     Corporation, the Director of the United States Trade 
     Development Agency, and representatives of the Department of 
     the Treasury's Office of Technical Assistance, shall plan and 
     carry out initiatives to engage with governments in Latin 
     America and the Caribbean for the purpose of strengthening 
     infrastructure project selection processes and procurement 
     processes, including--
       (1) discussing, devising, and disseminating best practices, 
     frameworks, and tools that--
       (A) ensure greater adherence to the rule of law;
       (B) promote greater transparency in infrastructure, trade, 
     and development projects; and
       (C) more effectively regulate tender processes to minimize 
     opportunities for corrupt practices;
       (2) strengthening legal structures as needed to ensure 
     business agreements are transparent, clear, and enforceable;
       (3) increasing the capacity of Latin American and Caribbean 
     governments to effectively assess and negotiate investment 
     opportunities in accordance with applicable laws, including 
     commercial and public infrastructure projects;
       (4) promoting legislation that codifies best practices in 
     applying the rule of law to infrastructure, trade, and 
     development projects;
       (5) promoting the adoption of infrastructure project 
     selection processes that include environmental impact studies 
     that prioritize minimal environmental impact, strong 
     environmental standards, and social safeguards for vulnerable 
     and marginalized populations, including indigenous and Afro-
     Latino populations;
       (6) emphasizing differences in business practices between 
     the United States and China, particularly those relating to 
     the rule of law, transparency, and financing; and
       (7) fostering and enabling economic and technical data 
     sharing relating to contract costs, structuring, and terms, 
     including loan terms, cost overruns, and quality assurance, 
     among regional governments and the United States.
       (c) Consultation.--During the planning of the initiatives 
     described in subsection (b), the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development, the Chief Executive 
     Officer of the United States International Development 
     Finance Corporation, the Director of the United States Trade 
     Development Agency's Global Procurement Initiative, and 
     representatives of the Department of the Treasury's Office of 
     Technical Assistance, shall consult with representatives of 
     the private sector and nongovernmental organizations in the 
     United States, Latin America, and the Caribbean.
       (d) Briefing Requirement.--Not later than 1 year after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of State shall provide a briefing 
     regarding the initiatives described in subsection (c) to--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
       (e) Baseline Assessment.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit a report to the congressional committees 
     referred to in subsection (d) that assesses, based on 
     credible indices of the performance of the rule of law 
     (including the World Justice Project's Rule of Law Index), 
     the progress made by Latin American and Caribbean governments 
     toward strengthening the rule of law, reducing corruption, 
     and creating greater transparency in business practices, 
     including through--
       (1) standardizing and regulating procurement practices; and
       (2) streamlining, modernizing, and digitizing records for 
     public procurement and customs duties.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of State for fiscal year 2020, $5,000,000 to 
     carry out the activities set forth in subsections (b), (c), 
     and (d).
       (2) Notification requirements.--Amounts appropriated 
     pursuant to paragraph (1) are subject to the notification 
     requirements applicable to expenditures from the Economic 
     Support Fund under section 531(c) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2346(c)) to the extent that such funds 
     are expended.

     SEC. __15. PROMOTING THE RULE OF LAW IN DIGITAL GOVERNANCE.

       (a) Sense of Congress.--It is the sense of Congress that 
     United States engagement with Latin America and the Caribbean 
     regarding digital infrastructure and security should--
       (1) help protect privacy, civil liberties, and human 
     rights; and
       (2) strengthen institutions aimed at fighting cybercrimes.
       (b) In General.--The Secretary of State, in coordination 
     with the Department of Justice, shall conduct diplomatic 
     engagement to encourage and facilitate Latin American and 
     Caribbean governments' adoption of standards to address 
     cybercrimes, such as institutionalizing the recommendations 
     of the Organization of American States Ninth Meeting of 
     Ministers of Justice or Other Ministers or Attorneys General 
     of the Americas

[[Page S3448]]

     Working Group on Cybercrime (December 2016: OEA/Ser. K/
     XXXIV), including--
       (1) adopting or updating procedural measures and 
     legislation necessary to ensure the collection and safe 
     custody of all forms of electronic evidence and their 
     admissibility in criminal proceedings and trials and to 
     enable States to assist one another in matters involving 
     electronic evidence, with due regard for rights to privacy 
     and due process;
       (2) developing and implementing national strategies to 
     deter, investigate, and prosecute cybercrime as part of a 
     broader and more coordinated effort to protect the 
     information technology systems and networks of citizens, 
     businesses, and governments;
       (3) continuing to develop partnerships among Latin American 
     and Caribbean officials responsible for preventing, 
     investigating, and prosecuting such crimes, and the private 
     sector, in order to streamline and improve the procurement of 
     information in the context of mutual assistance proceedings; 
     and
       (4) working, in cooperation with like-minded democracies in 
     international organizations, to advance standards for digital 
     governance and promote a free and open Internet.
       (c) Semiannual Briefing Requirement.--Not later than 180 
     days after the date of the enactment of this Act, and every 
     180 days thereafter until the date that is 5 years after such 
     date of enactment, the Secretary of State shall brief the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     regarding the diplomatic engagement described in subsection 
     (b).

     SEC. __16. INVESTING IN PROJECTS THAT STRENGTHEN THE REGION'S 
                   DIGITAL INFRASTRUCTURE.

       (a) Findings.--Congress makes the following findings:
       (1) According to a 2016 report by the Organization for 
     Economic Cooperation and Development, ``Working Paper No. 
     334: Harnessing the Digital Economy for Developing 
     Countries''--
       (A) the digital economy fosters growth and productivity and 
     supports inclusive development by improving accessibility by 
     previously marginalized groups;
       (B) access to digital infrastructure can provide these 
     groups with a whole range of markets and services, including 
     education, peer-to-peer lending, e-government, the sharing 
     economy, crowdfunding, and online job matching services; and
       (C) adoption and usage of digital technologies raises the 
     productivity of capital and labor, enables the participation 
     in global value chains, and contributes to greater inclusion 
     by lowering transaction costs and expanding access to 
     information.
       (2) According to the Inter-American Development Bank, the 
     combination of high rates of financial exclusion and high 
     mobile penetration and technological innovation represents a 
     great opportunity to use technology to enable financial 
     services to reach a part of the population in Latin America 
     that has been underserved by traditional financial services.
       (b) Digital Infrastructure Access and Security Strategy.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State, in coordination with 
     relevant Federal agencies, shall submit to Congress a 
     strategy and implementation plan for leveraging United States 
     expertise to help Latin American and Caribbean governments--
       (1) develop and secure their digital infrastructure;
       (2) protect technological assets, including data privacy;
       (3) advance cybersecurity to protect against cybercrime and 
     cyberespionage; and
       (4) create more equal access to economic opportunities for 
     their citizens.
       (c) Challenges.--The strategy described in subsection (b) 
     shall address--
       (1) the severe digital divides between more wealthy urban 
     centers and rural districts;
       (2) the need for protection of citizens' privacy; and
       (3) the need to expand existing initiatives to allow 
     public-private partnerships to increase access to micro-grids 
     and decentralized electronic systems.
       (d) Consultation.--In creating the strategy described in 
     subsection (b), the Secretary of State shall consult with--
       (1) leaders of the United States telecommunication 
     industry;
       (2) other technology experts from nongovernmental 
     organizations and academia; and
       (3) representatives from relevant United States Government 
     agencies.
       (e) Semiannual Briefing Requirement.--Not later than 180 
     days after the date of the enactment of this Act, and every 
     180 days thereafter until the date that is 5 years after such 
     date of enactment, the Secretary of State shall brief the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     regarding the implementation of the strategy described in 
     subsection (b).

     SEC. __17. COUNTERING FOREIGN CORRUPT PRACTICES IN THE 
                   AMERICAS.

       (a) In General.--The Secretary of State, working through 
     the Assistant Secretary of State for Economic and Business 
     Affairs and the Assistant Secretary of State for 
     International Narcotics and Law Enforcement Affairs, shall 
     offer to provide technical assistance to partner governments 
     in Latin America and the Caribbean to assist members of 
     national legislatures and executive branch officials in 
     establishing legislative and regulatory frameworks that are 
     similar to those set forth in--
       (1) section 30A of the Securities Exchange Act of 1934 (15 
     U.S.C. 78dd-1); and
       (2) section 104 of the Foreign Corrupt Practices Act of 
     1977 (15 U.S.C. 78dd-2).
       (b) Purposes.--In carrying out subsection (a), the 
     Secretary of State shall actively encourage partner 
     governments--
       (1) to adopt standards that deter fraudulent business 
     practices and increase government and private sector 
     accountability in Latin America and the Caribbean; and
       (2) to strengthen the investigative and prosecutorial 
     capacity of government institutions in Latin America and the 
     Caribbean to combat fraudulent business practices involving 
     public officials.
       (c) Strategy Requirement.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit a strategy for carrying out the activities 
     described in subsections (a) and (b) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
       (d) Consultation.--In formulating the strategy described in 
     subsection (c), the Secretary of State shall consult with the 
     Secretary of the Treasury and the Attorney General.
       (e) Semiannual Briefing Requirement.--Not later than 180 
     days after the date of the enactment of this Act, and every 
     180 days thereafter until the date that is 5 years after such 
     date of enactment, the Secretary of State shall provide a 
     briefing regarding the activities described in subsections 
     (a) and (b) and the strategy submitted under subsection (c) 
     to--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $10,000,000 to the Department of State for fiscal year 2021--
       (A) to carry out the activities set forth in subsections 
     (a) and (b); and
       (B) to develop the strategy submitted under subsection (c).
       (2) Notification requirements.--Amounts appropriated 
     pursuant to paragraph (1) are subject to the notification 
     requirements applicable to expenditures from the Economic 
     Support Fund under section 531(c) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2346(c)) and the International 
     Narcotics and Law Enforcement Fund under section 489 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291h), to the 
     extent that such funds are expended.

     SEC. __18. COUNTERING MALIGN BUSINESS PRACTICES.

       (a) Findings.--Congress makes the following findings:
       (1) China has demonstrated a pattern of exploiting 
     international norms and domestic laws in foreign states to 
     its benefit, while ignoring such laws and norms when they 
     interfere with China's perceived national interests.
       (2) China frequently relies on bribes to foreign government 
     officials to ensure that it receives favorable terms on 
     infrastructure deals and overstates the benefits or 
     underplays the risks of proposed infrastructure projects.
       (b) Aliens Ineligible for Visas, Admission, or Parole.--An 
     alien described in this subsection is an alien whom the 
     Secretary of State or the Secretary of Homeland Security (or 
     a designee of either Secretary) knows, or has reason to 
     believe, is engaging or has engaged in acts of significant 
     corruption in a country in Latin America or the Caribbean 
     with representatives of, or on behalf of, the Government of 
     China, a Chinese state-owned entity, or a Chinese private 
     sector entity.
       (c) Visas, Admission, or Parole.--An alien described in 
     subsection (b) is--
       (1) inadmissible to the United States;
       (2) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (3) otherwise ineligible to be admitted or paroled into the 
     United States or to receive any benefit under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.).
       (d) Current Visas Revoked.--
       (1) In general.--An alien described in subsection (b) is 
     subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (2) Immediate effect.--A revocation under paragraph (1)--
       (A) shall take effect immediately; and
       (B) shall automatically cancel any other valid visa or 
     entry documentation that is in the alien's possession.
       (e) Exceptions.--Sanctions under subsections (c) and (d) 
     shall not apply with respect to an alien if admitting or 
     paroling the alien into the United States is necessary--
       (1) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations; or
       (2) to carry out or assist law enforcement activity in the 
     United States.
       (f) National Security.--The President may waive the 
     application of this section with respect to an alien if the 
     President--

[[Page S3449]]

       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits a notice of, and justification for, such waiver 
     to the appropriate congressional committees.

     SEC. __19. PROMOTING GREATER ENERGY SECURITY AND LESSER 
                   DEPENDENCE ON OIL IN THE CARIBBEAN.

       (a) Policy Statement.--It is the policy of the United 
     States to help Caribbean countries--
       (1) achieve greater energy security;
       (2) lower their dependence on imported fuels; and
       (3) eliminate the use of petroleum products for the 
     generation of electricity.
       (b) Strategy Requirement.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit a multi-year strategy to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives for regional 
     cooperation with Caribbean countries--
       (1) to lower the region's dependence on imported fuels, 
     grow the region's domestic energy production for the 
     generation of electricity, and strengthen regional energy 
     security;
       (2) to lower the region's dependence on oil in the 
     transportation sector;
       (3) to increase the region's energy efficiency, energy 
     conservation, and investment in alternatives to imported 
     fuels;
       (4) to improve grid reliability and modernize electricity 
     transmission networks;
       (5) to advance deployment of innovative solutions to expand 
     community and individuals' access to electricity; and
       (6) to help reform the region's energy markets to encourage 
     good regulatory governance and to promote a climate of 
     private sector investment.
       (c) Elements.--The strategy required under subsection (b) 
     shall include--
       (1) a thorough review and inventory of United States 
     Government activities to promote energy security in the 
     Caribbean region and to reduce the region's reliance on oil 
     for electricity generation that are being carried out 
     bilaterally, regionally, and in coordination with 
     multilateral institutions;
       (2) opportunities for marshaling regional cooperation--
       (A) to overcome market barriers resulting from the small 
     size of Caribbean energy markets;
       (B) to address the high transportation and infrastructure 
     costs faced by Caribbean countries;
       (C) to ensure greater donor coordination between 
     governments, multilateral institutions, multilateral banks, 
     and private investors; and
       (D) to expand regional financing opportunities to allow for 
     lower cost energy entrepreneurship;
       (3) measures to encourage each Caribbean government to 
     ensure that it has--
       (A) an independent utility regulator or equivalent;
       (B) affordable access by third party investors to its 
     electrical grid with minimal regulatory interference;
       (C) effective energy efficiency and energy conservation;
       (D) programs to address technical and nontechnical issues;
       (E) a plan to eliminate major market distortions;
       (F) cost-reflective tariffs; and
       (G) no tariffs or other taxes on clean energy solutions; 
     and
       (4) recommendations for how United States policy, 
     technical, and economic assistance can be used in the 
     Caribbean region--
       (A) to advance renewable energy development and the 
     incorporation of renewable technologies into existing energy 
     grids and the development and deployment of micro-grids where 
     appropriate and feasible;
       (B) to create regional financing opportunities to allow for 
     lower cost energy entrepreneurship;
       (C) to deploy transaction advisors in the region to help 
     attract private investment and break down any market or 
     regulatory barriers; and
       (D) to establish a mechanism for each host government to 
     have access to independent legal advice--
       (i) to speed the development of energy-related contracts; 
     and
       (ii) to better protect the interests of Caribbean 
     governments and their citizens.

   Subtitle B--Promoting Regional Security and Digital Security, and 
                Protecting Human Rights in the Americas

     SEC. __21. ENSURING THE INTEGRITY OF TELECOM AND DATA 
                   NETWORKS AND CRITICAL INFRASTRUCTURE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) allegations of espionage, intellectual property theft, 
     hacking, and unscrupulous business practices, such as bribery 
     and kickbacks, often accompany the entrance of Chinese 
     companies into a region;
       (2) the United States Government should assist Latin 
     American and Caribbean governments and businesses in 
     developing their own digital telecommunications networks to 
     render them less susceptible to Chinese malfeasance; and
       (3) strengthening and implementing intellectual property 
     and cyber governance laws will boost innovation in the Latin 
     America and the Caribbean.
       (b) Technical Assistance.--The Secretary of State, working 
     through the Office of the Coordinator for Cyber Issues of the 
     Department of State, and in consultation with the Attorney 
     General, the Director of the Federal Bureau of Investigation, 
     and the Chief of the International Bureau of the Federal 
     Communications Commission shall offer to provide technical 
     assistance to partner governments in Latin America and the 
     Caribbean to strengthen their capacity to promote digital 
     security, including--
       (1) defending the integrity of digital infrastructure and 
     digital assets, including data storage systems, such as Cloud 
     computing, proprietary data, personal information, and 
     proprietary technologies;
       (2) detecting, identifying, and investigating cybercrimes, 
     including the collection of digital forensic evidence;
       (3) developing appropriate enforcement mechanisms for 
     cybercrimes;
       (4) detecting and identifying perpetrators; and
       (5) prosecuting cybercrimes and holding perpetrators 
     accountable for such crimes.
       (c) Prioritization.--The Secretary of State, in providing 
     the technical assistance described in subsection (b), shall 
     prioritize working with national and regional law enforcement 
     entities, including--
       (1) police forces;
       (2) public prosecutors;
       (3) attorneys general
       (4) courts; and
       (5) other law enforcement and civilian intelligence 
     entities, as appropriate.
       (d) Cyber Defense Assistance.--The Secretary of State, in 
     coordination with the Commander of the United States Cyber 
     Command and the Director of National Intelligence, shall 
     offer to provide technical assistance to strengthen the 
     capacity of partner governments in Latin America and the 
     Caribbean--
       (1) to protect the integrity of their telecom and data 
     networks and their critical infrastructure; and
       (2) to build and monitor secure telecom and data networks;
       (3) to identify cyber threats and detect and deter cyber 
     attacks;
       (4) to investigate cyber crimes, including the collection 
     of digital forensic evidence;
       (5) to protect the integrity of digital infrastructure and 
     digital assets, including data storage systems (including 
     Cloud computing), proprietary data, personal information, and 
     proprietary technologies;
       (6) to plan maintenance, improvements, and modernization in 
     a coordinated and regular fashion so as to ensure continuity 
     and safety; and
       (7) to protect the digital systems that manage roads, 
     bridges, ports, and transportation hubs.
       (e) Briefing Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of State shall provide a briefing 
     regarding the technical assistance described in subsection 
     (b) and (d) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Armed Services of the Senate;
       (4) the Committee on Foreign Affairs of the House of 
     Representatives;
       (5) the Committee on the Judiciary of the House of 
     Representatives; and
       (6) the Committee on Armed Services of the House of 
     Representatives.

     SEC. __22. ADDRESSING THE RISKS THAT PERVASIVE SURVEILLANCE 
                   AND MONITORING TECHNOLOGIES POSE TO HUMAN 
                   RIGHTS.

       (a) Findings.--Congress makes the following findings:
       (1) According to a 2018 report by Freedom House--
       (A) China has stepped up efforts to use digital media to 
     increase its own power, both inside and outside of China;
       (B) in 2018, for the second year in a row, China was the 
     worst abuser of Internet freedom, and during that year, the 
     Government of China hosted media officials from dozens of 
     countries for 2- and 3-week seminars on its sprawling system 
     of censorship and surveillance;
       (C) Chinese companies have supplied telecommunications 
     hardware, advanced facial-recognition technology, and data 
     analytics tools to a variety of governments with poor human 
     rights records, which could benefit Chinese intelligence 
     services and repressive local authorities;
       (D) China's Belt and Road Initiative includes a ``Digital 
     Silk Road'' of Chinese-built fiber-optic networks that could 
     expose Internet traffic to greater monitoring by local and 
     Chinese intelligence agencies, given that China is determined 
     to set the technical standards for how the next generation of 
     traffic is coded and transmitted.
       (2) As part of its engagement with Latin American and 
     Caribbean governments, China has begun promoting the 
     installation of pervasive surveillance camera systems, under 
     the pretext of citizen security, in Bolivia, Ecuador, and 
     Venezuela, to be financed, designed, installed, and 
     maintained by companies linked to the Government of China.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) China is exporting its model for internal security and 
     state control of society through advanced technology and 
     artificial intelligence; and
       (2) the adoption of surveillance systems can lead to 
     breaches of citizens' private information, increased 
     censorship, violations of civil rights, and harassment of 
     political opponents.

[[Page S3450]]

       (c) Diplomatic Engagement.--The Secretary of State shall 
     conduct diplomatic engagement with governments in Latin 
     America and the Caribbean--
       (1) to help officials identify and mitigate the risks to 
     civil liberties posed by pervasive surveillance and 
     monitoring technologies; and
       (2) to offer recommendations on ways to mitigate such 
     risks.
       (d) Internet Freedom Programs.--The Chief Executive Officer 
     of the United States Agency for Global Media, working through 
     the Open Technology Fund, and the Secretary of State, working 
     through the Bureau of Democracy, Human Rights, and Labor's 
     office of Internet Freedom and Business and Human Rights, 
     shall expand and prioritize efforts to provide anti-
     censorship technology and services to journalists and 
     citizens in Latin America, in order to enhance their ability 
     to safely access or share digital news and information 
     without fear of repercussions or surveillance.
       (e) Support for Civil Society.--The Secretary of State, in 
     coordination with the Assistant Secretary of State for 
     Democracy, Human Rights, and Labor and the Administrator of 
     the United States Agency for International Development, shall 
     work through nongovernmental organizations--
       (1) to support and promote programs that support Internet 
     freedom and the free flow of information online in Latin 
     America and the Caribbean;
       (2) to protect open, secure, and reliable access to the 
     Internet in Latin America and the Caribbean;
       (3) to provide integrated support to civil society for 
     technology, digital safety, policy and advocacy, and applied 
     research programs in Latin America and the Caribbean;
       (4) to train journalists and civil society leaders in Latin 
     America and the Caribbean on investigative techniques 
     necessary to ensure public accountability and prevent 
     government overreach in the digital sphere; and
       (5) to assist independent media outlets and journalists in 
     Latin America and the Caribbean to build their own capacity 
     and develop high-impact, in-depth news reports covering 
     governance and human rights topics.
       (f) Briefing Requirement.--Not more than 180 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of State, the Administrator of the 
     United States Agency for International Development, and the 
     Chief Executive Officer of the United States Agency for 
     Global Media shall provide a briefing regarding the efforts 
     described in subsections (c), (d), and (e) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
       (g) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $10,000,000 to carry out the activities set forth in 
     subsection (e).
       (2) Notification requirements.--Amounts appropriated 
     pursuant to paragraph (1) are subject to the notification 
     requirements applicable to expenditures from--
       (A) the Economic Support Fund under section 531(c) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)); and
       (B) the Development Assistance Fund under section 653(a) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2413(a)).

     SEC. __23. REVITALIZING BILATERAL AND MULTILATERAL MILITARY 
                   EDUCATION PROGRAMS.

       (a) In General.--The Secretary of State shall dedicate not 
     less than 17 percent of the amounts appropriated to bilateral 
     and multilateral military education programs, such as the 
     International Military Education and Training program, for 
     Latin America and the Caribbean during the 5-year period 
     beginning on the date of the enactment of this Act.
       (b) Modernization.--The Secretary of State shall take steps 
     to modernize and strengthen the programs receiving funding 
     under subsection (a)--
       (1) to ensure that such programs are vigorous, substantive, 
     and the preeminent choice for international military 
     education and training for Latin American and Caribbean 
     partners.
       (c) Required Elements.--The programs referred to under 
     subsection (a) shall--
       (1) provide training and capacity-building opportunities to 
     Latin American and Caribbean security services;
       (2) provide practical skills and frameworks for--
       (A) improving the functioning and organization of security 
     services in Latin America and the Caribbean;
       (B) creating a better understanding of the United States 
     and its values; and
       (C) using technology for maximum efficiency and 
     organization; and
       (3) promote and ensure that security services in Latin 
     America and the Caribbean operate in compliance with 
     international norms, standards, and rules of engagement, 
     including a respect for human rights.
       (d) Limitation.--Security assistance under this section is 
     subject to the limitations set forth in section 620M of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2378d).

  Subtitle C--Advancing United States Interests and the Role of Civil 
               Society in Latin America and the Caribbean

     SEC. __31. COUNTERACTING GROWING CHINESE EDUCATIONAL AND 
                   CULTURAL INFLUENCE IN LATIN AMERICA AND THE 
                   CARIBBEAN.

       (a) Finding.--According to a report by the National 
     Endowment for Democracy--
       (1) China has spent the equivalent of billions of dollars 
     to shape public opinion and perceptions around the world 
     through thousands of people-to-people exchanges, cultural 
     activities, educational programs, and the development of 
     media enterprises and information initiatives with global 
     reach;
       (2) the aim of Chinese influence efforts is intended to 
     distract and manipulate the political and information 
     environments in targeted countries; and
       (3) the countries most vulnerable to Chinese efforts are 
     those in which democratic institutions are weak.
       (b) Sense of Congress.--It is the sense of Congress that 
     China's efforts to mold public opinion on the issues 
     described in subsection (a) undermines United States 
     influence in Latin America and the Caribbean and threaten 
     democratic institutions and practices in the region.
       (c) Strategy.--The Secretary of State, in coordination with 
     the Assistant Secretary of State for Educational and Cultural 
     Affairs, shall devise a strategy--
       (1) to expand existing programs and, as necessary, design 
     and implement educational, professional, and cultural 
     exchanges and other programs to create and sustain mutual 
     understanding with other countries necessary to advance 
     United States foreign policy goals by cultivating people-to-
     people ties among current and future global leaders that 
     build enduring networks and personal relationships and 
     promote United States national security and values;
       (2) that includes the expansion of exchange visitor 
     programs, including international visitor leadership programs 
     and professional capacity building programs that prioritize 
     building skills in entrepreneurship, promoting transparency, 
     and technology; and
       (3) to dedicate not less than 18 percent of the budget of 
     the Bureau of Educational and Cultural Affairs to carry out 
     the activities described in paragraphs (1) and (2).
       (d) Briefing Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of State and the Assistant 
     Secretary of State for Educational and Cultural Affairs shall 
     provide a briefing regarding the efforts described in 
     subsection (c) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Ways and Means of the House of 
     Representatives.

     SEC. __32. MAINTAINING TRANSPARENCY AND FREEDOM OF ACCESS FOR 
                   DIGITAL INFRASTRUCTURE IN THE WESTERN 
                   HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     digital infrastructure entities, such as the Internet and 
     telecommunications networks, are common goods that should be 
     neutral and accessible to all people, with no country or 
     government dominating control of their use, standards, or 
     principles.
       (b) In General.--The Secretary of State, in coordination 
     with United States representatives to the Internet governance 
     agencies, such as the Internet Corporation for Assigned Names 
     and Numbers (ICANN) and the United Nations Internet 
     Governance Forum, shall promote and advocate for governments, 
     the private sector, and civil society to respect and adhere 
     to shared principles, norms, rules, decision-making 
     procedures, and programs that shape the evolution and use of 
     the Internet, including ensuring--
       (1) neutral access to digital networks;
       (2) common technical standards that do not favor a 
     particular country;
       (3) freedom from unauthorized data access; and
       (4) free access to information and combating censorship.
       (c) Briefing Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of State and United States 
     representatives on Internet governance agencies, such as the 
     Internet Corporation for Assigned Names and Numbers and the 
     United Nations Internet Governance Forum, shall provide a 
     briefing regarding the efforts described in subsection (b) 
     to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Ways and Means of the House of 
     Representatives.

     SEC. __33. ADVANCING THE ROLE OF CIVIL SOCIETY AND THE MEDIA 
                   TO PROMOTE ACCOUNTABILITY.

       (a) In General.--The Secretary of State, acting through the 
     Assistance Secretary of State for Democracy, Human Rights, 
     and Labor, the Assistant Secretary of State for Education and 
     Cultural Affairs, and the Coordinator of the Global 
     Engagement Center, shall expand existing initiatives and, as 
     necessary, develop and implement new initiatives that 
     facilitate and strengthen the capacity of civil society and 
     independent media outlets to increase transparency and 
     accountability among government and business leaders.
       (b) Program Elements.--The initiatives under subsection (a) 
     shall include--

[[Page S3451]]

       (1) training for journalists and civil society leaders on 
     investigative techniques necessary to improve transparency 
     and accountability in government and the private sector;
       (2) training on investigative reporting relating to 
     incidents of corruption and unfair trade, business and 
     commercial practices, including the role of the Government of 
     China in such practices;
       (3) training on investigative reporting relating to efforts 
     the Government of China's use of misinformation, 
     disinformation, and state media to influence public opinion 
     in Latin America and the Caribbean; and
       (4) assistance for nongovernmental organizations to 
     strengthen their capacity to monitor the activities described 
     in paragraphs (2) and (3).
       (c) Consultation.--In developing and implementing the 
     initiatives under subsection (a), the Secretary of State 
     shall consult with--
       (1) nongovernmental organizations focused on transparency 
     and combating corruption, such as Transparency International, 
     the Latin American and Caribbean chapters of Transparency 
     International, and similar organizations; and
       (2) media organizations that promote investigative 
     journalism and train organizations in investigative 
     techniques necessary to ensure public accountability, such as 
     ProPublica, the Center for Public Integrity, and the 
     International Consortium of Investigative Journalists.
       (d) Semiannual Briefing Requirement.--Not later than 180 
     days after the date of the enactment of this Act, and every 
     180 days thereafter, the Secretary of State shall provide a 
     briefing regarding the initiatives under subsection (a) to--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of State $10,000,000 for fiscal year 2020 to 
     carry out the initiatives under subsection (a).
       (2) Notification requirements.--Amounts appropriated 
     pursuant to paragraph (1) are subject to the notification 
     requirements applicable to expenditures from the Economic 
     Support Fund under section 531(c) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2346(c)) and the International 
     Narcotics and Law Enforcement Fund under section 489 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291h), to the 
     extent that such funds are expended.

                   Subtitle D--Resourcing for Success

     SEC. __41. APPOINTMENT OF CHINA WATCH OFFICERS AT UNITED 
                   STATES EMBASSIES IN THE WESTERN HEMISPHERE.

       (a) In General.--The Secretary of State shall direct the 
     Chiefs of Mission at United States Embassies and Consulates 
     in Latin America and the Caribbean, including Cuba, to 
     designate a China Watch Officer, from among existing staff at 
     the Post, to monitor and report on Chinese engagement in the 
     respective countries.
       (b) Annual Meeting.--The Assistant Secretary for Western 
     Hemisphere Affairs shall convene an annual meeting (either in 
     person or by video conference call) of all of the China Watch 
     Officers designated pursuant to subsection (a)--
       (1) to discuss and compare developments in their individual 
     countries;
       (2) to identify trends in Chinese activities in Latin 
     America and the Caribbean and its subregions; and
       (3) to recommend potential strategies to mitigate or 
     compete with Chinese activities in the region.
       (c) Briefing Requirement.--Concurrent with the annual 
     meeting described in subsection (b), China Watch Officers 
     serving in Latin America and the Caribbean, including Cuba, 
     shall brief--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
       (d) Consultation.--The Assistant Secretary for Western 
     Hemisphere Affairs and the China Watch Officers designated 
     pursuant to subsection (a) shall be available for 
     consultations with the staff of the congressional committees 
     referred to in subsection (c).

     SEC. __42. ASSESSING STAFFING NEEDS AT UNITED STATES 
                   EMBASSIES IN LATIN AMERICA AND THE CARIBBEAN.

       (a) Staffing Assessment.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit the assessments and accompanying reports, if 
     necessary, described in subsections (b) and (c) to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives.
       (b) Foreign Commercial Service Assessment.--
       (1) In general.--The Secretary of State and the Secretary 
     of Commerce shall prepare a written assessment that--
       (A) determines whether the current staffing levels of the 
     United States Foreign Commercial Service at all United States 
     embassies and diplomatic offices in Latin America and the 
     Caribbean are sufficient to successfully advance United 
     States economic policy in Latin America and the Caribbean; 
     and
       (B) specifically details the results for each United States 
     embassy and diplomatic office in Latin America and the 
     Caribbean.
       (2) Accompanying report.--If the assessment under paragraph 
     (1) reveals insufficient staffing levels, the Secretary of 
     State and the Secretary of Commerce shall submit an 
     accompanying report that--
       (A) identifies the costs associated with increasing the 
     overseas presence of United States Foreign Commercial Service 
     officers in Latin America and the Caribbean; and
       (B) includes a timeline and strategy for increasing such 
     staffing levels.
       (c) Public Diplomacy Assessment.--
       (1) In general.--The Secretary of State shall prepare a 
     written assessment that--
       (A) determines whether the current staffing levels of 
     Foreign Service public diplomacy officers at all United 
     States embassies and diplomatic offices in Latin America and 
     the Caribbean are sufficient--
       (i) to successfully advance United States national 
     interests; and
       (ii) to counter misinformation and disinformation efforts 
     by the Government of China and the Government of Russia; and
       (B) specifically details the results for each United States 
     embassy and diplomatic office in Latin America and the 
     Caribbean.
       (2) Accompanying report.--If the assessment under paragraph 
     (1) reveals insufficient staffing levels, the Secretary of 
     State shall submit an accompanying report that--
       (A) identifies the costs associated with increasing the 
     overseas presence of Foreign Service public diplomacy 
     officers in Latin America and the Caribbean; and
       (B) includes a timeline and strategy for increasing such 
     staffing levels.
                                 ______
                                 
  SA 1959. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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, insert the 
     following:

     SEC. 1287. SENSE OF SENATE ON DEPARTMENT OF DEFENSE 
                   ENGAGEMENT ON INDIVIDUALS DETAINED FOR PEACEFUL 
                   EXPRESSION.

       It is the sense of the Senate that--
       (1) United States diplomatic and security relationships 
     with countries around the world cannot realize their full 
     potential in the absence of respect for human rights and the 
     rule of law;
       (2) the practice by some countries of detaining individuals 
     for peacefully expressing their views violates such 
     individuals' human rights, and should be condemned;
       (3) prisoners throughout the world are particularly 
     vulnerable to COVID-19 due to crowded conditions and strains 
     on medical care, making the need to release individuals 
     detained for peacefully expressing their views more urgent;
       (4) the Senate--
       (A) supports the release of individuals held for peaceful 
     expressions of activism; and
       (B) affirms that a government should never detain its 
     citizens for exercising their rights of freedom of assembly, 
     association, and speech;
       (5) in the interactions with foreign governments that 
     detain individuals for peacefully expressing their views, 
     Department of Defense officials should coordinate with the 
     Department of State to encourage such governments to release 
     individuals detained for peaceful expression of views and end 
     the practice of detaining individuals who engage in acts of 
     peaceful expression; and
       (6) the encouragement described in paragraph (5) would 
     further a principal foreign policy goal of the United States, 
     as articulated in section 502B of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2304) (relating to the provision of 
     defense articles and defense services): ``a principal goal of 
     the foreign policy of the United States shall be to promote 
     the increased observance of internationally recognized human 
     rights by all countries''.
                                 ______
                                 
  SA 1960. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII of division A, insert 
     the following:

     SEC. 12__. UNITED STATES AGENCY FOR GLOBAL MEDIA.

       (a) Short Title.--This section may be cited as the ``U.S. 
     Agency for Global Media Reform Act''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Office of Cuba Broadcasting should--
       (1) remain an independent entity of the United States 
     Agency for Global Media; and
       (2) continue taking steps to ensure that the Office is 
     fulfilling its core mission of promoting freedom and 
     democracy by providing the people of Cuba with objective news 
     and information programming.
       (c) Authorities of the Chief Executive Officer; Limitation 
     on Corporate Leadership of Grantees.--Section 305 of the 
     United States International Broadcasting Act of 1994 (22 
     U.S.C. 6204) is amended--

[[Page S3452]]

       (1) in subsection (a)--
       (A) in paragraph (20), by striking ``authority to determine 
     membership of their respective boards, and'';
       (B) in paragraph (21), by striking ``, including authority 
     to name and replace the board of any grantee authorized under 
     this chapter, including with Federal officials,''; and
       (C) by inserting at the end the following:
       ``(23) To--
       ``(A) require semi-annual content reviews of each language 
     service of each surrogate network, consisting of a review of 
     at least 10 percent of available weekly content, by fluent 
     language speakers and experts without direct affiliation to 
     the language service being reviewed, who are seeking any 
     evidence of inappropriate or unprofessional content, which 
     shall be submitted to the Office of Policy and Research and 
     the Chief Executive Officer; and
       ``(B) submit a list of anomalous reports to the appropriate 
     congressional committees, including status updates on 
     anomalous services during the 3-year period commencing on the 
     date of receipt of the first report of biased, 
     unprofessional, or otherwise problematic content.''; and
       (2) by adding at the end the following:
       ``(c) Limitation on Corporate Leadership of Grantees.--
       ``(1) In general.--The Chief Executive Officer may not 
     award any grant under subsection (a) to RFE/RL, Inc., Radio 
     Free Asia, the Middle East Broadcasting Networks, the Open 
     Technology Fund, or any other statutorily authorized grantee 
     (collectively referred to as the `Agency Grantee Networks') 
     unless the incorporation documents of the grantee require 
     that the corporate leadership and Board of Directors of the 
     grantee be selected in accordance with this Act.
       ``(2) Conflicts of interest.--
       ``(A) Chief executive officer.--The Chief Executive Officer 
     may not serve on any of the corporate boards of any grantee 
     under subsection (a), consistent with Federal law and the law 
     of the State in which any such grantee is incorporated.
       ``(B) Federal employees.--A full-time employee of a Federal 
     agency may not serve on a corporate board of any grantee 
     under subsection (a).''.
       (d) International Broadcasting Advisory Board.--Section 306 
     of the United States International Broadcasting Act of 1994 
     (22 U.S.C. 6205) is amended--
       (1) by striking subsections (a) through (c) and inserting 
     the following:
       ``(a) In General.--The International Broadcasting Advisory 
     Board (referred to in this section as the `Advisory Board') 
     shall advise the Chief Executive Officer of the United States 
     Agency for Global Media, as appropriate.
       ``(b) Composition of the Advisory Board.--
       ``(1) In general.--The Advisory Board shall consist of 7 
     members, of whom--
       ``(A) 6 shall be appointed by the President, by and with 
     the advice and consent of the Senate, in accordance with 
     subsection (c); and
       ``(B) 1 shall be the Secretary of State.
       ``(2) Chair.--The President shall designate, with the 
     advice and consent of the Senate 1 of the members appointed 
     under paragraph (1)(A) as Chair of the Advisory Board.
       ``(3) Party limitation.--Not more than 3 members of the 
     Advisory Board appointed under paragraph (1)(A) may be 
     affiliated with the same political party.
       ``(4) Terms of office.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     members of the Advisory Board shall serve for a single term 
     of 4 years, except that, of the first group of members 
     appointed under paragraph (1)(A)--
       ``(i) 2 members who are not affiliated with the same 
     political party, shall be appointed for terms ending on the 
     date that is 2 years after the date of the enactment of the 
     U.S. Agency for Global Media Reform Act;
       ``(ii) 2 members who are not affiliated with the same 
     political party, shall be appointed for terms ending on the 
     date that is 4 years after the date of the enactment of the 
     U.S. Agency for Global Media Reform Act; and
       ``(iii) 2 members who are not affiliated with the same 
     political party, shall be appointed for terms ending on the 
     date that is 6 years after the date of the enactment of the 
     U.S. Agency for Global Media Reform Act.
       ``(B) Secretary of state.--The Secretary of State shall 
     serve as a member of the Advisory Board for the duration of 
     his or her tenure as Secretary of State.
       ``(C) Other federal agencies.--No other representatives 
     from any other Federal agencies may serve on the Advisory 
     Board or corporate grantee boards or exert any influence on 
     its members, consistent with firewall protections under 
     section 305(b) and section 531.3 of title 22, Code of Federal 
     Regulations.
       ``(D) Sole corporate board.--The Advisory Board, consistent 
     with applicable Federal and State laws, shall also serve as 
     the sole corporate boards of Agency Grantee Networks (as 
     defined in section 305(c)(1)).
       ``(5) Vacancies.--
       ``(A) In general.--The President shall appoint, with the 
     advice and consent of the Senate, additional members to fill 
     vacancies on the Advisory Board occurring before the 
     expiration of a term.
       ``(B) Term.--Any members appointed pursuant to subparagraph 
     (A) shall serve for the remainder of such term.
       ``(C) Service beyond term.--Any member whose term has 
     expired shall continue to serve as a member of the Advisory 
     Board until a qualified successor has been appointed and 
     confirmed by the Senate.
       ``(D) Secretary of state.--When there is a vacancy in the 
     office of Secretary of State, the Acting Secretary of State 
     shall serve as a member of the Advisory Board until a new 
     Secretary of State is appointed.'';
       (2) by redesignating subsection (d) as subsection (c);
       (3) by amending subsection (c), as redesignated--
       (A) in the subsection heading, by inserting ``Advisory'' 
     before ``Board''; and
       (B) in paragraph (2), by inserting ``who are'' before 
     ``distinguished''; and
       (4) by striking subsections (e) and (f) and inserting the 
     following:
       ``(d) Functions of the Advisory Board.--The members of the 
     Advisory Board shall--
       ``(1) provide the Chief Executive Officer of the United 
     States Agency for Global Media with advice and 
     recommendations for improving the effectiveness and 
     efficiency of the Agency and its programming;
       ``(2) meet with the Chief Executive Officer at least twice 
     annually and at additional meetings at the request of the 
     Chief Executive Officer or the Chair of the Advisory Board;
       ``(3) report periodically, or upon request, to the 
     congressional committees specified in subsection (c)(2) 
     regarding its advice and recommendations for improving the 
     effectiveness and efficiency of the United States Agency for 
     Global Media and its programming;
       ``(4) obtain information from the Chief Executive Officer, 
     as needed, for the purposes of fulfilling the functions 
     described in this subsection;
       ``(5) consult with the Chief Executive Officer regarding 
     budget submissions and strategic plans before they are 
     submitted to the Office of Management and Budget or to 
     Congress;
       ``(6) advise the Chief Executive Officer to ensure that--
       ``(A) the Chief Executive Officer fully respects the 
     professional integrity and editorial independence of United 
     States Agency for Global Media broadcasters, networks, and 
     grantees; and
       ``(B) agency networks, broadcasters, and grantees adhere to 
     the highest professional standards and ethics of journalism, 
     including taking necessary actions to uphold professional 
     standards to produce consistently reliable and authoritative, 
     accurate, objective, and comprehensive news and information; 
     and
       ``(7) provide other strategic input to the Chief Executive 
     Officer.
       ``(e) Appointment of Heads of Networks.--
       ``(1) In general.--The head of Voice of America, of the 
     Office of Cuba Broadcasting, of RFE/RL, Inc., of Radio Free 
     Asia, of the Middle East Broadcasting Networks, of the Open 
     Technology Fund, or of any other statutorily authorized 
     grantee may only be appointed or removed if such action has 
     been approved by a majority vote of the Advisory Board.
       ``(2) Removal.--After consulting with the Chief Executive 
     Officer, 5 or more members of the Advisory Board may 
     unilaterally remove any such head of network or grantee 
     network described in paragraph (1).
       ``(3) Quorum.--
       ``(A) In general.--A quorum shall consist of 4 members of 
     the Advisory Board (excluding the Secretary of State).
       ``(B) Decisions.--Except as provided in paragraph (2), 
     decisions of the Advisory Board shall be made by majority 
     vote, a quorum being present.
       ``(C) Closed sessions.--The Advisory Board may meet in 
     closed sessions in accordance with section 552b of title 5, 
     United States Code.
       ``(f) Compensation.--
       ``(1) In general.--Members of the Advisory Board, while 
     attending meetings of the Advisory Board or while engaged in 
     duties relating to such meetings or in other activities of 
     the Advisory Board under this section (including travel time) 
     shall be entitled to receive compensation equal to the daily 
     equivalent of the compensation prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       ``(2) Travel expenses.--While away from their homes or 
     regular places of business, members of the Board may be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized under section 5703 of such title 
     for persons in the Government service employed 
     intermittently.
       ``(3) Secretary of state.--The Secretary of State is not 
     entitled to any compensation under this title, but may be 
     allowed travel expenses in accordance with paragraph (2).
       ``(g) Support Staff.--The Chief Executive Officer shall, 
     from within existing United States Agency for Global Media 
     personnel, provide the Advisory Board with an Executive 
     Secretary and such administrative staff and support as may be 
     necessary to enable the Advisory Board to carry out 
     subsections (d) and (e).''.
       (e) Conforming Amendments.--The United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 
     amended--
       (1) in section 304--
       (A) in the section heading, by striking ``broadcasting 
     board of governors'' and inserting ``united states agency for 
     global media'';
       (B) in subsection (a), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media'';

[[Page S3453]]

       (C) in subsection (b)(1), by striking ``Broadcasting Board 
     of Governors'' and inserting ``United States Agency for 
     Global Media''; and
       (D) in subsection (c), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (2) in section 305--
       (A) in subsection (a)--
       (i) in paragraph (6), by striking ``Board'' and inserting 
     ``Agency'';
       (ii) in paragraph (13), by striking ``Board'' and inserting 
     ``Agency'';
       (iii) in paragraph (20), by striking ``Board'' and 
     inserting ``Agency''; and
       (iv) in paragraph (22), by striking ``Board'' and inserting 
     ``Agency'';
       (B) in subsection (b), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (3) in section 308--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``Board'' and inserting ``Agency'';
       (B) in subsection (b), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (C) in subsection (d), by striking ``Board'' and inserting 
     ``Agency'';
       (D) in subsection (g), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (E) in subsection (h)(5), by striking ``Board'' and 
     inserting ``Agency''; and
       (F) in subsection (i), by striking ``Board'' and inserting 
     ``Agency'';
       (4) in section 309--
       (A) in subsection (c)(1), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (B) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``Board'' and inserting ``Agency'';
       (C) in subsection (f), by striking ``Board'' each place 
     such term appears and inserting ``Agency''; and
       (D) in subsection (g), by striking ``Board'' and inserting 
     ``Agency'';
       (5) in section 310(d), by striking ``Board'' and inserting 
     ``Agency'';
       (6) in section 310A(a), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media'';
       (7) in section 310B, by striking ``Board'' and inserting 
     ``Agency'';
       (8) in section 313(a), in the matter preceding paragraph 
     (1), strike ``Board'' and insert ``Agency'';
       (9) in section 314, by striking ``(4) the terms `Board and 
     Chief Executive Officer of the Board' means the Broadcasting 
     Board of Governors'' and inserting the following:
       ``(2) the terms `Agency' and `Chief Executive Officer of 
     the Agency' mean the United States Agency for Global Media 
     and the Chief Executive Officer of the United States Agency 
     for Global Media, respectively''; and
       (10) in section 315--
       (A) in subsection (a)(1), by striking ``Broadcasting Board 
     of Governors'' and inserting ``United States Agency for 
     Global Media''; and
       (B) in subsection (c), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media''.
       (f) Rulemaking.--Notwithstanding any other provision of 
     law, the United States Agency for Global Media may not revise 
     Part 531 of title 22, Code of Federal Regulations, which took 
     effect on June 11, 2020, without explicit authorization by an 
     Act of Congress.
                                 ______
                                 
  SA 1961. Mr. MENENDEZ (for himself and Mr. Young) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title XII, add the following:

     SEC. 1216. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS 
                   WITH TALIBAN OFFICIALS AND AFGHANISTAN'S 
                   COMPREHENSIVE PEACE PROCESS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Government of afghanistan.--The term ``Government of 
     Afghanistan'' means the Government of the Islamic Republic of 
     Afghanistan and its agencies, instrumentalities, and 
     controlled entities.
       (3) The taliban.--The term ``the Taliban''--
       (A) refers to the organization that refers to itself as the 
     ``Islamic Emirate of Afghanistan'', that was founded by 
     Mohammed Omar, and that is currently led by Mawlawi 
     Hibatullah Akhundzada; and
       (B) includes subordinate organizations, such as the Haqqani 
     Network, and any successor organization.
       (4) February 29 agreement.--The term ``February 29 
     Agreement'' refers to the political arrangement between the 
     United States and the Taliban titled ``Agreement for Bringing 
     Peace to Afghanistan Between the Islamic Emirate of 
     Afghanistan which is not recognized by the United States as a 
     state and is known as the Taliban and the United States of 
     America'' signed at Doha, Qatar February 29, 2020.
       (b) Oversight of Peace Process and Other Agreements.--
       (1) Transmission to congress of materials relevant to the 
     february 29 agreement.--The Secretary of State, in 
     consultation with the Secretary of Defense, shall continue to 
     submit to the appropriate congressional committees materials 
     relevant to the February 29 Agreement.
       (2) Submission to congress of any future deals involving 
     the taliban.--The Secretary of State shall submit to the 
     appropriate congressional committees, within 5 days of 
     conclusion and on an ongoing basis thereafter, any future 
     agreement or arrangement involving the Taliban in any manner, 
     as well as materials relevant to any future agreement or 
     arrangement involving the Taliban in any manner.
       (3) Definitions.--In this subsection, the terms ``materials 
     relevant to the February 29 Agreement'' and ``materials 
     relevant to any future agreement or arrangement'' include all 
     annexes, appendices, and instruments for implementation of 
     the February 29 Agreement or a future agreement or 
     arrangement, as well as any understandings or expectations 
     related to the Agreement or a future agreement or 
     arrangement.
       (c) Report and Briefing on Verification and Compliance.--
       (1) In general.--
       (A) Report.--Not later than 90 days after the date of the 
     enactment of this Act, and not less frequently than once 
     every 120 days thereafter, the President shall submit to the 
     appropriate congressional committees a report verifying 
     whether the key tenets of the February 29 Agreement, or 
     future agreements, and accompanying implementing frameworks 
     are being preserved and honored.
       (B) Briefing.--At the time of each report submitted under 
     subparagraph (A), the Secretary of State shall direct a 
     Senate-confirmed Department of State official and other 
     appropriate officials to brief the appropriate congressional 
     committees on the contents of the report. The Director of 
     National Intelligence shall also direct an appropriate 
     official to participate in the briefing.
       (2) Elements.--The report and briefing required under 
     paragraph (1) shall include--
       (A) an assessment--
       (i) of the Taliban's compliance with counterterrorism 
     guarantees, including guarantees to deny safe haven and 
     freedom of movement to al-Qaeda and other terrorist threats 
     from operating on territory under its influence; and
       (ii) whether the United States intelligence community has 
     collected any intelligence indicating the Taliban does not 
     intend to uphold its commitments;
       (B) an assessment of Taliban actions against terrorist 
     threats to United States national security interests;
       (C) an assessment of whether Taliban officials have made a 
     complete, transparent, public, and verifiable breaking of all 
     ties with al-Qaeda;
       (D) an assessment of the current relationship between the 
     Taliban and al-Qaeda, including any interactions between 
     members of the two groups in Afghanistan, Pakistan, or other 
     countries, and any change in Taliban conduct towards al-Qaeda 
     since February 29, 2020;
       (E) an assessment of the relationship between the Taliban 
     and any other terrorist group that is assessed to threaten 
     the security of the United States or its allies, including 
     any change in conduct since February 29, 2020;
       (F) an assessment of whether the Haqqani Network has broken 
     ties with al-Qaeda, and whether the Haqqani Network's leader 
     Sirajuddin Haqqani remains part of the leadership structure 
     of the Taliban;
       (G) an assessment of threats emanating from Afghanistan 
     against the United States homeland and United States 
     partners, and a description of how the United States 
     Government is responding to those threats;
       (H) an assessment of intra-Afghan discussions, political 
     reconciliation, and progress towards a political roadmap that 
     seeks to serve all Afghans;
       (I) an assessment of the viability of any intra-Afghan 
     governing agreement;
       (J) an assessment as to whether the terms of any reduction 
     in violence or ceasefire are being met by all sides in the 
     conflict;
       (K) a detailed overview of any United States and NATO 
     presence remaining in Afghanistan and any planned changes to 
     such force posture;
       (L) an assessment of the status of human rights, including 
     the rights of women, minorities, and youth;
       (M) an assessment of the access of women, minorities, and 
     youth to education, justice, and economic opportunities in 
     Afghanistan;
       (N) an assessment of the status of the rule of law and 
     governance structures at the central, provincial, and 
     district levels of government;
       (O) an assessment of the media and of the press and civil 
     society's operating space in Afghanistan;
       (P) an assessment of illicit narcotics production in 
     Afghanistan, its linkages to terrorism, corruption, and 
     instability, and policies to counter illicit narcotics flows;

[[Page S3454]]

       (Q) an assessment of corruption in Government of 
     Afghanistan institutions at the district, provincial, and 
     central levels of government;
       (R) an assessment of the number of Taliban and Afghan 
     prisoners and any plans for the release of such prisoners 
     from either side;
       (S) an assessment of any malign Iranian, Chinese, and 
     Russian influence in Afghanistan;
       (T) an assessment of how other regional actors, such as 
     Pakistan, are engaging with Afghanistan;
       (U) a detailed overview of national-level efforts to 
     promote transitional justice, including forensic efforts and 
     documentation of war crimes, mass killings, or crimes against 
     humanity, redress to victims, and reconciliation activities;
       (V) A detailed overview of United States support for 
     Government of Afghanistan and civil society efforts to 
     promote peace and justice at the local level and how these 
     efforts are informing government-level policies and 
     negotiations;
       (W) an assessment of the progress made by the Afghanistan 
     Ministry of Interior and the Office of the Attorney General 
     to address gross violations of human rights (GVHRs) by 
     civilian security forces, Taliban, and non-government armed 
     groups, including--
       (i) a breakdown of resources provided by the Government of 
     Afghanistan towards these efforts; and
       (ii) a summary of assistance provided by the United States 
     Government to support these efforts; and
       (X) an overview of civilian casualties caused by the 
     Taliban, non-government armed groups, and Afghan National 
     Defense and Security Forces, including--
       (i) an estimate of the number of destroyed or severely 
     damaged civilian structures;
       (ii) a description of steps taken by the Government of 
     Afghanistan to minimize civilian casualties and other harm to 
     civilians and civilian infrastructure;
       (iii) an assessment of the Government of Afghanistan's 
     capacity and mechanisms for investigating reports of civilian 
     casualties; and
       (iv) an assessment of the Government of Afghanistan's 
     efforts to hold local militias accountable for civilian 
     casualties.
       (3) Counterterrorism strategy.--In the event that the 
     Taliban does not meet its counterterrorism obligations under 
     the February 29 Agreement, the report and briefing required 
     under this subsection shall include information detailing the 
     United States' counterterrorism strategy in Afghanistan and 
     Pakistan.
       (4) Form.--The report required under subparagraph (A) of 
     paragraph (1) shall be submitted in unclassified form, but 
     may include a classified annex, and the briefing required 
     under subparagraph (B) of such paragraph shall be conducted 
     at the appropriate classification level.
       (d) Rule of Construction.--Nothing in this section shall 
     prejudice whether a future deal involving the Taliban in any 
     manner constitutes a treaty for purposes of Article II of the 
     Constitution of the United States.
       (e) Sunset.--Except for subsections (b) and (d), the 
     provisions of this section shall cease to be effective on the 
     date that is 5 years after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1962. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 10_____. DESIGNATION OF NATIONAL HERITAGE AREAS.

       (a) Definitions.--In this section:
       (1) Local coordinating entity.--The term ``local 
     coordinating entity'' means the entity designated by 
     Congress--
       (A) to carry out, in partnership with other individuals and 
     entities, the management plan for a National Heritage Area; 
     and
       (B) to operate the National Heritage Area, including 
     through the implementation of projects and programs among 
     diverse partners in the National Heritage Area.
       (2) National heritage area.--The term ``National Heritage 
     Area'' means a component of the National Heritage Area System 
     described in subsection (b)(2).
       (3) National heritage area system.--The term ``National 
     Heritage Area System'' means the system established by 
     subsection (b)(1).
       (4) Proposed national heritage area.--The term ``proposed 
     National Heritage Area'' means an area that is proposed to be 
     designated as a National Heritage Area.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Tribal government.--The term ``Tribal government'' 
     means the governing body of an Indian Tribe included on the 
     most recent list published by the Secretary pursuant to 
     section 104 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 5131).
       (b) National Heritage Area System.--
       (1) In general.--To recognize certain areas of the United 
     States that tell nationally significant stories and to 
     conserve, enhance, and interpret those nationally significant 
     stories and the natural, historic, scenic, and cultural 
     resources of areas that illustrate significant aspects of the 
     heritage of the United States, there is established a 
     National Heritage Area System through the administration of 
     which the Secretary may provide technical and financial 
     assistance to local coordinating entities to support the 
     establishment, development, and continuity of the National 
     Heritage Areas.
       (2) National heritage area system.--The National Heritage 
     Area System shall be composed of--
       (A) each National Heritage Area, National Historic 
     District, National Heritage Corridor, National Heritage 
     Canalway, Cultural Heritage Corridor, and National Heritage 
     Partnership designated by Congress before or on the date of 
     enactment of this Act; and
       (B) each National Heritage Area designated by Congress 
     after the date of enactment of this Act, unless the law 
     designating the area exempts that area from the National 
     Heritage Area System by specific reference to this section.
       (3) Relationship to the national park system.--
       (A) Relationship to national park units.--The Secretary 
     shall--
       (i) ensure, to the maximum extent practicable, 
     participation and assistance by any administrator of a unit 
     of the National Park System that is located near or 
     encompassed by a National Heritage Area in local initiatives 
     for the National Heritage Area to conserve and interpret 
     resources consistent with the applicable management plan for 
     the National Heritage Area; and
       (ii) work with local coordinating entities to promote 
     public enjoyment of units of the National Park System and 
     National Park-related resources.
       (B) Treatment.--A National Heritage Area shall not be--
       (i) considered to be a unit of the National Park System; or
       (ii) subject to the authorities applicable to units of the 
     National Park System.
       (4) Duties.--Under the National Heritage Area System, the 
     Secretary shall--
       (A) review and approve or disapprove the management plan 
     for a National Heritage Area in accordance with subsection 
     (c)(3); and
       (B) submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives reports describing the activities 
     conducted with respect to National Heritage Areas in 
     accordance with this section.
       (5) Authorities.--In carrying out this section, the 
     Secretary may--
       (A) conduct or review, as applicable, feasibility studies 
     in accordance with subsection (c)(1);
       (B) conduct an evaluation of the accomplishments of, and 
     submit to Congress a report that includes recommendations 
     regarding the role of National Park Service with respect to, 
     each National Heritage Area, in accordance with subsection 
     (d);
       (C) use amounts made available under subsection (f) to 
     provide technical and financial assistance, on a reimbursable 
     or nonreimbursable basis, as determined by the Secretary, 
     for--
       (i) the development and implementation of management plans 
     for National Heritage Areas; and
       (ii) the administration of National Heritage Areas;
       (D) enter into cooperative agreements with other Federal 
     agencies, States, Tribal governments, local governments, 
     local coordinating entities, and other interested individuals 
     and entities to achieve the purposes of the National Heritage 
     Area System;
       (E) provide information, promote understanding, and 
     encourage research regarding National Heritage Areas, in 
     partnership with local coordinating entities; and
       (F) provide national oversight, analysis, coordination, 
     technical and financial assistance, and support to ensure 
     consistency and accountability of the National Heritage Area 
     System.
       (c) Designation of National Heritage Areas.--
       (1) Studies.--
       (A) In general.--The Secretary may carry out or review a 
     study to assess the suitability and feasibility of each 
     proposed National Heritage Area for designation as a National 
     Heritage Area.
       (B) Preparation.--
       (i) In general.--A study under subparagraph (A) may be 
     carried out--

       (I) by the Secretary, in consultation with State and local 
     historic preservation officers, State and local historical 
     societies, State and local tourism offices, and other 
     appropriate organizations and governmental agencies; or
       (II) by interested individuals or entities, if the 
     Secretary certifies that the completed study meets the 
     requirements of subparagraph (C).

       (ii) Certification.--Not later than 1 year after receiving 
     a study carried out by interested individuals or entities 
     under clause (i)(II), the Secretary shall review and certify 
     whether the study meets the requirements of subparagraph (C).
       (C) Requirements.--A study under subparagraph (A) shall 
     include analysis, documentation, and determinations on 
     whether the proposed National Heritage Area--
       (i) has an assemblage of natural, historic, and cultural 
     resources that--

       (I) represent distinctive aspects of the heritage of the 
     United States;

[[Page S3455]]

       (II) are worthy of recognition, conservation, 
     interpretation, and continuing use; and
       (III) would be best managed--

       (aa) through partnerships among public and private 
     entities; and
       (bb) by linking diverse and sometimes noncontiguous 
     resources and active communities;
       (ii) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the story of the United States;
       (iii) provides outstanding opportunities--

       (I) to conserve natural, historic, cultural, or scenic 
     features; and
       (II) for recreation and education;

       (iv) contains resources that--

       (I) are important to any identified themes of the proposed 
     National Heritage Area; and
       (II) retain a degree of integrity capable of supporting 
     interpretation;

       (v) includes residents, business interests, nonprofit 
     organizations, and State and local governments that--

       (I) are involved in the planning of the proposed National 
     Heritage Area;
       (II) have developed a conceptual financial plan that 
     outlines the roles of all participants in the proposed 
     National Heritage Area, including the Federal Government; and
       (III) have demonstrated support for the designation of the 
     proposed National Heritage Area;

       (vi) has a potential management entity to work in 
     partnership with the individuals and entities described in 
     clause (v) to develop the proposed National Heritage Area 
     while encouraging State and local economic activity; and
       (vii) has a conceptual boundary map that is supported by 
     the public.
       (D) Report.--
       (i) In general.--For each study carried out under 
     subparagraph (A), the Secretary shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report that describes--

       (I) the findings of the study; and
       (II) any conclusions and recommendations of the Secretary.

       (ii) Timing.--

       (I) Studies carried out by the secretary.--With respect to 
     a study carried out by the Secretary in accordance with 
     subparagraph (B)(i)(I), the Secretary shall submit a report 
     under clause (i) not later than 3 years after the date on 
     which funds are first made available to carry out the study.
       (II) Studies carried out by other interested parties.--With 
     respect to a study carried out by interested individuals or 
     entities in accordance with subparagraph (B)(i)(II), the 
     Secretary shall submit a report under clause (i) not later 
     than 180 days after the date on which the Secretary certifies 
     under subparagraph (B)(ii) that the study meets the 
     requirements of subparagraph (C).

       (2) Designation.--
       (A) In general.--An area may be designated as a National 
     Heritage Area only by an Act of Congress.
       (B) Designation.--On receipt of a report under paragraph 
     (1)(D) recommending the designation of a proposed National 
     Heritage Area as a National Heritage Area, Congress may 
     designate--
       (i) as a National Heritage Area the proposed National 
     Heritage Area that is the subject of the relevant feasibility 
     study; and
       (ii) a local coordinating entity to operate the National 
     Heritage Area.
       (C) Treatment as component of national heritage area 
     system.--A National Heritage Area designated under 
     subparagraph (B)(i) shall be a component of the National 
     Heritage Area System, unless the law designating the National 
     Heritage Area exempts the National Heritage Area from the 
     National Heritage Area System through a specific reference to 
     this section.
       (3) Management plan.--
       (A) In general.--The applicable local coordinating entity 
     shall develop a management plan for a National Heritage Area 
     in accordance with subparagraph (B).
       (B) Requirements.--The management plan for a National 
     Heritage Area shall--
       (i) be developed using a comprehensive planning approach 
     that includes--

       (I) opportunities for stakeholders (such as community 
     members, local and regional governments, Tribal governments, 
     businesses, nonprofit organizations, and others)--

       (aa) to be involved in the planning process; and
       (bb) to review and comment on the draft plan; and

       (II) documentation of the planning and public participation 
     processes, including a description of--

       (aa) the means by which the management plan was prepared;
       (bb) the stakeholders involved in the process; and
       (cc) the timing and method of stakeholder involvement;
       (ii) include an inventory of the natural, historic, 
     cultural, and scenic resources of the National Heritage Area 
     relating to the nationally significant themes and events of 
     the region that should be protected, enhanced, interpreted, 
     managed, or developed;
       (iii) identify comprehensive goals, strategies, policies, 
     and recommendations for--

       (I) demonstrating the heritage represented by the National 
     Heritage Area; and
       (II) encouraging long-term resource protection, 
     enhancement, interpretation, and development;

       (iv) include recommendations for ways in which Federal, 
     State, Tribal government, and local entities may best be 
     coordinated, including the role of the National Park Service 
     and other Federal agencies associated with the National 
     Heritage Area, to advance the purposes of this section;
       (v) describe a strategy by which the local coordinating 
     entity will achieve financial sustainability;
       (vi) include an implementation program that identifies, 
     with respect to the National Heritage Area--

       (I) prioritized actions and criteria for selecting future 
     projects;
       (II) existing and potential sources of funding;
       (III) performance goals;
       (IV) the means by which stakeholders will be involved; and
       (V) the manner in which the management plan will be 
     evaluated and updated;

       (vii) include a business plan for the local coordinating 
     entity that, at a minimum, addresses management and 
     operation, products or services offered, the target market 
     for those products and services, and revenue streams; and
       (viii) be submitted to the Secretary for approval by not 
     later than 3 years after the date on which the National 
     Heritage Area is designated by Congress under paragraph (2).
       (C) Applicability.--The requirements described in 
     subparagraph (B) shall not apply to any management plan or 
     other similar plan in effect on the date of enactment of this 
     Act with respect to a National Heritage Area described in 
     subsection (b)(2)(A).
       (d) Evaluation.--
       (1) In general.--At reasonable and appropriate intervals, 
     as determined by the Secretary, the Secretary may--
       (A) conduct an evaluation of the accomplishments of a 
     National Heritage Area in accordance with paragraph (2); and
       (B) prepare and submit to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report that 
     includes recommendations for the continued role of the 
     National Park Service with respect to each National Heritage 
     Area in accordance with paragraph (3).
       (2) Components.--An evaluation under paragraph (1)(A) 
     shall--
       (A) assess the progress of the applicable local 
     coordinating entity of a National Heritage Area with respect 
     to--
       (i) accomplishing the purposes of the applicable National 
     Heritage Area; and
       (ii) achieving the goals and objectives of the management 
     plan;
       (B) analyze Federal, State, local, Tribal government, and 
     private investments in the National Heritage Area to 
     determine the leverage and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the National Heritage Area for 
     purposes of identifying the critical components for 
     sustainability of the National Heritage Area.
       (3) Recommendations.--Each report under paragraph (1)(B) 
     shall include--
       (A) if the report contains a recommendation of the 
     Secretary that Federal funding for the applicable National 
     Heritage Area should be continued, an analysis of--
       (i) any means by which that Federal funding may be reduced 
     or eliminated over time; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination of Federal funding; or
       (B) if the report contains a recommendation of the 
     Secretary that Federal funding for the applicable National 
     Heritage Area should be eliminated, a description of 
     potential impacts on conservation, interpretation, and 
     sustainability in the applicable National Heritage Area.
       (4) Conforming amendment.--Section 3052(a) of Public Law 
     113-291 (54 U.S.C. 320101 note) is amended by striking 
     paragraph (2).
       (e) Property Owners and Regulatory Protections.--Nothing in 
     this section--
       (1) abridges any right of a public or private property 
     owner, including the right to refrain from participating in 
     any plan, project, program, or activity conducted within a 
     National Heritage Area;
       (2) requires any property owner to permit public access 
     (including Federal, State, Tribal government, or local 
     government access) to a property;
       (3) modifies any provision of Federal, State, Tribal, or 
     local law with respect to public access or use of private 
     land;
       (4)(A) alters any applicable land use regulation, land use 
     plan, or other regulatory authority of any Federal, State, or 
     local agency or Tribal government; or
       (B) conveys to any local coordinating entity any land use 
     or other regulatory authority;
       (5) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (6) diminishes the authority of a State to manage fish and 
     wildlife, including through the regulation of fishing and 
     hunting within a National Heritage Area in the State; or
       (7) creates or affects any liability--
       (A) under any other provision of law; or
       (B) of any private property owner with respect to any 
     person injured on private property.
       (f) Authorization of Appropriations.--
       (1) In general.--Notwithstanding any other provision of 
     law, there is authorized to be appropriated to the Secretary 
     for each fiscal year not more than $1,000,000 for each 
     National Heritage Area.
       (2) Cost-sharing requirement.--

[[Page S3456]]

       (A) Federal share.--Except as otherwise provided in 
     applicable law, including any law designating a National 
     Heritage Area, the Federal share of the total cost of any 
     activity funded with appropriations authorized by paragraph 
     (1) shall be not more than 50 percent.
       (B) Form of non-federal share.--The non-Federal share of 
     the total cost of any activity funded with appropriations 
     authorized by paragraph (1) may be in the form of in-kind 
     contributions of goods or services fairly valued.
       (3) Authority to provide assistance.--Notwithstanding any 
     other provision of law, the Secretary may provide assistance 
     to a National Heritage Area during any fiscal year for which 
     appropriations are authorized under paragraph (1).
                                 ______
                                 
  SA 1963. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, insert the 
     following:

     SEC. 8 __. REPORT ON USE OF DOMESTIC NONAVAILABILITY 
                   DETERMINATIONS.

       Not later than September 30, 2021, and annually thereafter, 
     the Secretary of Defense shall submit a report to 
     congressional defense committees--
       (1) describing in detail the use of any waiver or exception 
     to the requirements of section 2533a of title 10, United 
     States Code, relating to domestic nonavailability 
     determinations;
       (2) providing reasoning for the use of each such waiver or 
     exception; and
       (3) providing an assessment of the impact on the use of 
     such waivers or exceptions due to the COVID-19 pandemic and 
     associated challenges with investments in domestic sources.
                                 ______
                                 
  SA 1964. Mr. HEINRICH (for himself and Mr. Barrasso) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 3159 and insert the following:

     SEC. 3159. SENSE OF THE SENATE ON EXTENSION OF LIMITATIONS ON 
                   IMPORTATION OF URANIUM FROM RUSSIAN FEDERATION.

       It is the sense of the Senate that--
       (1) a secure nuclear fuel supply chain is essential to the 
     economic and national security of the United States;
       (2) the United States should--
       (A) expeditiously complete negotiation of an extension of 
     the Agreement Suspending the Antidumping Investigation on 
     Uranium from the Russian Federation (commonly referred to as 
     the ``Russian Suspension Agreement''); or
       (B) if an agreement to extend the Russian Suspension 
     Agreement cannot be reached, impose antidumping duties under 
     title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 
     on imports of uranium from the Russian Federation--
       (i) to maintain a nuclear fuel supply chain in the United 
     States, consistent with the national security and 
     nonproliferation goals of the United States; and
       (ii) to protect the United States nuclear fuel supply chain 
     from the continued manipulation of the global and United 
     States uranium markets by the Russian Federation and Russian-
     influenced competitors;
       (3) a renegotiated, long-term extension of the Russian 
     Suspension Agreement is an important component of a broader 
     strategy to prevent adversaries of the United States from 
     monopolizing the nuclear fuel supply chain;
       (4) as was done in 2008, upon completion of a new 
     negotiated long-term extension of the Russian Suspension 
     Agreement, Congress should enact legislation to codify the 
     terms of extension into law to ensure long-term stability for 
     the domestic nuclear fuel supply chain; and
       (5) if the negotiations to extend the Russian Suspension 
     Agreement prove unsuccessful, Congress should enact 
     legislation extending the current limits to prevent the 
     manipulation by the Russian Federation of global uranium 
     markets and potential domination by the Russian Federation of 
     the United States uranium market.
                                 ______
                                 
  SA 1965. Mr. TESTER (for himself and Mrs. Blackburn) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. ADDITION OF OTHER DUTY STATUSES TO QUALIFY FOR 
                   POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.

       (a) Qualifying Duty.--Section 3311(b) of title 38, United 
     States Code, is amended--
       (1) by striking ``(including'' each place it appears and 
     inserting ``(including other qualifying duty and'';
       (2) by striking ``(excluding'' each place it appears and 
     inserting ``(including other qualifying duty but excluding''; 
     and
       (3) in paragraph (2)(A), by inserting ``or other qualifying 
     duty'' after ``active duty''.
       (b) Other Qualifying Duty Defined.--Section 3301 of such 
     title is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The term `other qualifying duty' means the following:
       ``(A) Duty under section 502 of title 32.
       ``(B) Duty for which a member is eligible to receive pay 
     under section 204, 206, or 372 of title 37.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2021, and shall apply with 
     respect to--
       (1) academic years beginning on or after August 1, 2021; 
     and
       (2) service performed before, on, or after the date of the 
     enactment of this Act by a person who was a member of the 
     Armed Forces on or after the date of the enactment of this 
     Act.

     SEC. ___. SIMPLIFICATION OF ELIGIBILITY CRITERIA FOR 
                   DEPARTMENT OF VETERANS AFFAIRS POST-9/11 
                   EDUCATIONAL ASSISTANCE.

       (a) In General.--Paragraph (1) of section 3301 of title 38, 
     United States Code, is amended to read as follows:
       ``(1) The term `active duty' has the meanings as follows 
     (subject to the limitations specified in sections 3002(6) and 
     3311(b) of this title):
       ``(A) Active duty as described in section 101(21)(A) of 
     this title.
       ``(B) Active duty for training as described in section 
     101(22)(A), (C), and (E) of this title.
       ``(C) Active duty as defined in section 101(12) of title 
     32.
       ``(D) Full-time National Guard duty as defined in section 
     101(19) of title 32.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2021, and shall apply with 
     respect to--
       (1) academic years beginning on or after August 1, 2021; 
     and
       (2) service performed before, on, or after the date of the 
     enactment of this Act by a person who was a member of the 
     Armed Forces on or after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1966. Mr. TESTER (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At appropriate place in title X, insert the following:

     SEC. 1___. ASSISTANCE FOR FARMER AND RANCHER STRESS AND 
                   MENTAL HEALTH OF INDIVIDUALS IN RURAL AREAS.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means the Secretary of Agriculture.
       (b) Findings.--Congress finds that--
       (1) according to the Centers for Disease Control and 
     Prevention, the suicide rate is 45 percent greater in rural 
     areas of the United States than the suicide rate in urban 
     areas of the United States;
       (2) farmers face social isolation, the potential for 
     financial losses, barriers to seeking mental health services, 
     and access to lethal means to commit suicide; and
       (3) as commodity prices fall and farmers face uncertainty, 
     reports of farmer suicides are increasing.
       (c) Public Service Announcement Campaign to Address Farm 
     and Ranch Mental Health.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall carry out a 
     public service announcement campaign to address the mental 
     health of farmers and ranchers.
       (2) Requirements.--The public service announcement campaign 
     under paragraph (1) shall include television, radio, print, 
     outdoor, and digital public service announcements.
       (3) Contractor.--The Secretary may enter into a contract or 
     other agreement with a third party to carry out the public 
     service announcement campaign under paragraph (1).
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     subsection

[[Page S3457]]

     $3,000,000, to remain available until expended.
       (d) Employee Training Program to Manage Farmer and Rancher 
     Stress.--
       (1) In general.--Subtitle A of the Department of 
     Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 224B. EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND 
                   RANCHER STRESS.

       ``(a) In General.--The Secretary shall establish a 
     voluntary program to train employees of the Farm Service 
     Agency, the Risk Management Agency, and the Natural Resources 
     Conservation Service in the management of stress experienced 
     by farmers and ranchers, including the detection of stress 
     and suicide prevention.
       ``(b) Requirement.--Not later than 180 days after the date 
     on which the Secretary submits a report on the results of the 
     pilot program being carried out by the Secretary as of the 
     date of enactment of this section to train employees of the 
     Department in the management of stress experienced by farmers 
     and ranchers, and based on the recommendations contained in 
     that report, the Secretary shall develop a training program 
     to carry out subsection (a).
       ``(c) Report.--Not less frequently than once every 2 years, 
     the Secretary shall submit to the Committee on Agriculture of 
     the House of Representatives and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate a report 
     describing the implementation of this section.''.
       (2) Conforming amendments.--
       (A) Subtitle A of the Department of Agriculture 
     Reorganization Act of 1994 is amended by redesignating 
     section 225 (7 U.S.C. 6925) as section 224A.
       (B) Section 296(b) of the Department of Agriculture 
     Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by 
     adding at the end the following:
       ``(11) The authority of the Secretary to carry out section 
     224B.''.
       (e) Task Force for Assessment of Causes of Mental Stress 
     and Best Practices for Response.--
       (1) In general.--The Secretary shall convene a task force 
     of agricultural and rural stakeholders at the national, 
     State, and local levels--
       (A) to assess the causes of mental stress in farmers and 
     ranchers; and
       (B) to identify best practices for responding to that 
     mental stress.
       (2) Submission of report.--Not later than 1 year after the 
     date of enactment of this Act, the task force convened under 
     paragraph (1) shall submit to the Secretary a report 
     containing the assessment and best practices under 
     subparagraphs (A) and (B), respectively, of that paragraph.
       (3) Collaboration.--In carrying out this subsection, the 
     task force convened under paragraph (1) shall collaborate 
     with nongovernmental organizations and State and local 
     agencies.
                                 ______
                                 
  SA 1967. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. EXTENSION OF FRONTIER COMMUNITY HEALTH INTEGRATION 
                   PROJECT DEMONSTRATION.

       (a) In General.--Subsection (f)(1) of section 123 of the 
     Medicare Improvements for Patients and Providers Act of 2008 
     (42 U.S.C. 1395i-4 note) is amended by striking ``3-year 
     period beginning on October 1, 2009'' and inserting ``8-year 
     period beginning on August 1, 2016''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if enacted on June 30, 2019.
                                 ______
                                 
  SA 1968. Mr. TESTER (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 VII, add the following:

Subtitle _--Mental Health Services From Department of Veterans Affairs 
                   for Members of Reserve Components

     SEC. 7__. SHORT TITLE.

       This subtitle may be cited as the ``Care and Readiness 
     Enhancement for Reservists Act of 2020'' or the ``CARE for 
     Reservists Act of 2020''.

     SEC. 7__. EXPANSION OF ELIGIBILITY FOR READJUSTMENT 
                   COUNSELING AND RELATED OUTPATIENT SERVICES FROM 
                   DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE 
                   MEMBERS OF RESERVE COMPONENTS OF THE ARMED 
                   FORCES.

       (a) Readjustment Counseling.--Subsection (a)(1) of section 
     1712A of title 38, United States Code, is amended by adding 
     at the end the following new subparagraph:
       ``(D)(i) The Secretary, in consultation with the Secretary 
     of Defense, may furnish to any member of the reserve 
     components of the Armed Forces who has a behavioral health 
     condition or psychological trauma, counseling under 
     subparagraph (A)(i), which may include a comprehensive 
     individual assessment under subparagraph (B)(i).
       ``(ii) A member of the reserve components of the Armed 
     Forces described in clause (i) shall not be required to 
     obtain a referral before being furnished counseling or an 
     assessment under this subparagraph.''.
       (b) Outpatient Services.--Subsection (b) of such section is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``to an individual'' after ``If, on the 
     basis of the assessment furnished''; and
       (B) by striking ``veteran'' each place it appears and 
     inserting ``individual''; and
       (2) in paragraph (2), by striking ``veteran'' and inserting 
     ``individual''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is one year after the date 
     of the enactment of this Act.

     SEC. 7__. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT 
                   OF VETERANS AFFAIRS TO MEMBERS OF RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       (a) In General.--Subchapter VIII of chapter 17 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1789. Mental health services for members of the 
       reserve components of the Armed Forces

       ``The Secretary, in consultation with the Secretary of 
     Defense, may furnish mental health services to members of the 
     reserve components of the Armed Forces.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 1788 the following new item:

``1789. Mental health services for members of the reserve components of 
              the Armed Forces.''.

     SEC. 7__. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN 
                   MENTAL HEALTH PROGRAMS OF DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) Suicide Prevention Program.--
       (1) In general.--Section 1720F of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(l)(1) Covered Individual Defined.--In this section, the 
     term `covered individual' means a veteran or a member of the 
     reserve components of the Armed Forces.
       ``(2) In determining coverage of members of the reserve 
     components of the Armed Forces under the comprehensive 
     program, the Secretary shall consult with the Secretary of 
     Defense.''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (a), by striking ``veterans'' and 
     inserting ``covered individuals'';
       (B) in subsection (b), by striking ``veterans'' each place 
     it appears and inserting ``covered individuals'';
       (C) in subsection (c)--
       (i) in the subsection heading, by striking ``of Veterans'';
       (ii) by striking ``veterans'' each place it appears and 
     inserting ``covered individuals''; and
       (iii) by striking ``veteran'' and inserting ``individual'';
       (D) in subsection (d), by striking ``to veterans'' each 
     place it appears and inserting ``to covered individuals'';
       (E) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``veterans'' and inserting ``covered 
     individuals'';
       (F) in subsection (f)--
       (i) in the first sentence, by striking ``veterans'' and 
     inserting ``covered individuals''; and
       (ii) in the second sentence, by inserting ``or members'' 
     after ``veterans'';
       (G) in subsection (g), by striking ``veterans'' and 
     inserting ``covered individuals'';
       (H) in subsection (h), by striking ``veterans'' and 
     inserting ``covered individuals'';
       (I) in subsection (i)--
       (i) in the subsection heading, by striking ``for Veterans 
     and Families'';
       (ii) in the matter preceding paragraph (1), by striking 
     ``veterans and the families of veterans'' and inserting 
     ``covered individuals and the families of covered 
     individuals'';
       (iii) in paragraph (2), by striking ``veterans'' and 
     inserting ``covered individuals''; and
       (iv) in paragraph (4), by striking ``veterans'' each place 
     it appears and inserting ``covered individuals'';
       (J) in subsection (j)--
       (i) in paragraph (1), by striking ``veterans'' each place 
     it appears and inserting ``covered individuals''; and
       (ii) in paragraph (4)--

       (I) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``women veterans'' and inserting ``covered 
     individuals who are women'';
       (II) in subparagraph (B), by striking ``women veterans 
     who'' and inserting ``covered individuals who are women 
     and''; and
       (III) in subparagraph (C), by striking ``women veterans'' 
     and inserting ``covered individuals who are women''; and

       (K) in subsection (k), by striking ``veterans'' and 
     inserting ``covered individuals''.
       (3) Clerical amendments.--

[[Page S3458]]

       (A) In general.--Such section is further amended, in the 
     section heading, by inserting ``and members of the reserve 
     components of the Armed Forces'' after ``veterans''.
       (B) Table of sections.--The table of sections at the 
     beginning of such subchapter is amended by striking the item 
     relating to section 1720F and inserting the following new 
     item:

``1720F. Comprehensive program for suicide prevention among veterans 
              and members of the reserve components of the Armed 
              Forces.''.
       (b) Mental Health Treatment for Individuals Who Served in 
     Classified Missions.--
       (1) In general.--Section 1720H of such title is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking ``eligible veteran'' and inserting 
     ``eligible individual''; and
       (II) by striking ``the veteran'' and inserting ``the 
     individual''; and

       (ii) in paragraph (3), by striking ``eligible veterans'' 
     and inserting ``eligible individuals'';
       (B) in subsection (b)--
       (i) by striking ``a veteran'' and inserting ``an 
     individual''; and
       (ii) by striking ``eligible veteran'' and inserting 
     ``eligible individual''; and
       (C) in subsection (c)--
       (i) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``The term `eligible veteran' means a 
     veteran'' and inserting ``The term `eligible individual' 
     means a veteran or a member of the reserve components of the 
     Armed Forces''; and
       (ii) in paragraph (3), by striking ``eligible veteran'' and 
     inserting ``eligible individual''.
       (2) Clerical amendments.--
       (A) In general.--Such section is further amended, in the 
     section heading, by inserting ``and members of the reserve 
     components of the Armed Forces'' after ``veterans''.
       (B) Table of sections.--The table of sections at the 
     beginning of chapter 17 of such title is amended by striking 
     the item relating to section 1720H and inserting the 
     following new item:

``1720H. Mental health treatment for veterans and members of the 
              reserve components of the Armed Forces who served in 
              classified missions.''.

     SEC. 7___. REPORT ON MENTAL HEALTH AND RELATED SERVICES 
                   PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS TO 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs and the 
     Committee on Appropriations of the Senate and the Committee 
     on Veterans' Affairs and the Committee on Appropriations of 
     the House of Representatives a report that includes an 
     assessment of the following:
       (1) The increase, as compared to the day before the date of 
     the enactment of this Act, of the number of members of the 
     Armed Forces that use readjustment counseling or outpatient 
     mental health care from the Department of Veterans Affairs, 
     disaggregated by State, Vet Center location, and clinical 
     care site of the Department, as appropriate.
       (2) The number of members of the reserve components of the 
     Armed Forces receiving telemental health care from the 
     Department.
       (3) The increase, as compared to the day before the date of 
     the enactment of this Act, of the annual cost associated with 
     readjustment counseling and outpatient mental health care 
     provided by the Department to members of the reserve 
     components of the Armed Forces.
       (4) The changes, as compared to the day before the date of 
     the enactment of this Act, in staffing, training, 
     organization, and resources required for the Department to 
     offer readjustment counseling and outpatient mental health 
     care to members of the reserve components of the Armed 
     Forces.
       (5) Any challenges the Department has encountered in 
     providing readjustment counseling and outpatient mental 
     health care to members of the reserve components of the Armed 
     Forces.
       (b) Vet Center Defined.--In this section, the term ``Vet 
     Center'' has the meaning given that term in section 1712A(h) 
     of title 38, United States Code.
                                 ______
                                 
  SA 1969. Mr. TESTER (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 7__. EXPANSION OF COVERAGE BY THE DEPARTMENT OF VETERANS 
                   AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL 
                   TRAUMA TO INCLUDE FORMER MEMBERS OF THE ARMED 
                   FORCES.

       Section 1720D of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``active duty, active 
     duty for training, or inactive duty training'' and inserting 
     ``duty, regardless of duty status or line of duty 
     determination (as that term is used in section 12323 of title 
     10)''; and
       (B) in paragraph (2)(A), by striking ``active duty, active 
     duty for training, or inactive duty training'' and inserting 
     ``duty, regardless of duty status or line of duty 
     determination (as that term is used in section 12323 of title 
     10)'';
       (2) by striking ``veteran'' each place it appears and 
     inserting ``former member of the Armed Forces'';
       (3) by striking ``veterans'' each place it appears and 
     inserting ``former members of the Armed Forces''; and
       (4) by adding at the end the following new subsection:
       ``(g) In this section, the term `former member of the Armed 
     Forces' includes the following:
       ``(1) A veteran described in section 101(2) of this title.
       ``(2) An individual not described in paragraph (1) who was 
     discharged or released from the Armed Forces, including a 
     reserve component thereof, under a condition that is not 
     honorable but not--
       ``(A) a dishonorable discharge; or
       ``(B) a discharge by court-martial.''.
                                 ______
                                 
  SA 1970. Mr. TESTER (for himself and Mr. Crapo) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 VI, add the following:

     SEC. ___. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN 
                   20 YEARS OF SERVICE AND A COMBAT-RELATED 
                   DISABILITY FOR CONCURRENT RECEIPT OF VETERANS' 
                   DISABILITY COMPENSATION AND RETIRED PAY.

       (a) Concurrent Receipt in Connection With CSRC.--Section 
     1413a(b)(3)(B) of title 10, United States Code, is amended by 
     striking ``creditable service,'' and all that follows and 
     inserting the following: ``creditable service--
       ``(i) the retired pay of the retiree is not subject to 
     reduction under sections 5304 and 5305 of title 38; and
       ``(ii) no monthly amount shall be paid the retiree under 
     subsection (a).''.
       (b) Concurrent Receipt Generally.--Section 1414(b)(2) of 
     title 10, United States Code, is amended by striking 
     ``Subsection (a)'' and all that follows and inserting the 
     following: ``Subsection (a)--
       ``(A) applies to a member described in paragraph (1) of 
     that subsection who is retired under chapter 61 of this title 
     with less than 20 years of service otherwise creditable under 
     chapter 1405 of this title, or with less than 20 years of 
     service computed under section 12732 of this title, at the 
     time of the member's retirement if the member has a combat-
     related disability (as that term is defined in section 
     1413a(e) of this title), except that in the application of 
     subsection (a) to such a member, any reference in that 
     subsection to a qualifying service-connected disability shall 
     be deemed to be a reference to that combat-related 
     disability; but
       ``(B) does not apply to any member so retired if the member 
     does not have a combat-related disability.''.
       (c) Technical and Conforming Amendments.--
       (1) Amendments reflecting end of concurrent receipt phase-
     in period.--Section 1414 of title 10, United States Code, is 
     further amended--
       (A) in subsection (a)(1)--
       (i) by striking the second sentence; and
       (ii) by striking subparagraphs (A) and (B);
       (B) by striking subsection (c) and redesignating 
     subsections (d) and (e) as subsections (c) and (d), 
     respectively; and
       (C) in subsection (d), as redesignated, by striking 
     paragraphs (3) and (4).
       (2) Section heading.--The heading of such section 1414 is 
     amended to read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       receipt''.

       (3) Table of sections.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item relating to section 1414 and inserting the following 
     new item:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent receipt.''.
       (4) Conforming amendment.--Section 1413a(f) of such title 
     is amended by striking ``Subsection (d)'' and inserting 
     ``Subsection (c)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month 
     beginning after the date of the enactment of this Act and 
     shall apply to payments for months beginning on or after that 
     date.
                                 ______
                                 
  SA 1971. Mr. TESTER (for himself and Mr. Rounds) submitted an 
amendment intended to be proposed by him

[[Page S3459]]

to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 752. ACCESS OF VETERANS TO INDIVIDUAL LONGITUDINAL 
                   EXPOSURE RECORD.

       The Secretary of Veterans Affairs, in consultation with the 
     Secretary of Defense, shall provide to a veteran read-only 
     access to the documents of the veteran contained in the 
     Individual Longitudinal Exposure Record in a printable format 
     through a portal accessible through a website of the 
     Department of Veterans Affairs and a website of the 
     Department of Defense.
                                 ______
                                 
  SA 1972. Mr. TESTER (for himself, Mr. Brown, Mr. Schatz, Mr. Markey, 
Ms. Hassan, Ms. Klobuchar, Mr. Kaine, Mr. Bennet, Mr. Schumer, Mr. 
Blumenthal, Mr. Whitehouse, Mrs. Shaheen, Ms. Warren, Ms. Smith, Mr. 
Menendez, Ms. Cortez Masto, Ms. Rosen, Mr. Coons, Mr. Warner, Ms. 
Baldwin, and Mr. Booker) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. __. ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE TO 
                   CERTAIN HERBICIDE AGENTS FOR WHICH THERE IS A 
                   PRESUMPTION OF SERVICE CONNECTION FOR VETERANS 
                   WHO SERVED IN THE REPUBLIC OF VIETNAM.

       Section 1116(a)(2) of title 38, United States Code, is 
     amended by adding at the end the following new subparagraphs:
       ``(I) Parkinsonism.
       ``(J) Bladder cancer.
       ``(K) Hypertension.
       ``(L) Hypothyroidism.''.
                                 ______
                                 
  SA 1973. Mr. TESTER (for himself, Mr. Hoeven, Mr. Udall, and Mr. 
Cramer) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ____. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(D) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a rental 
     assistance and supported housing program, to be known as the 
     `Tribal HUD-VASH program', in conjunction with the Secretary 
     of Veterans Affairs, by awarding grants for the benefit of 
     eligible Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design of the Program 
     to ensure the effective delivery of rental assistance and 
     supportive services to eligible Indian veterans under the 
     Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2021, and every 5 years thereafter, the 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee on Indian, Insular and Alaska 
     Native Affairs of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the

[[Page S3460]]

     regulations described in item (aa) as a barrier to 
     implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.
                                 ______
                                 
  SA 1974. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. WAIVER OF MATCHING REQUIREMENT FOR ELECTION SECURITY 
                   GRANTS TO STATES.

       (a) In General.--In the case where the Election Assistance 
     Commission (referred to in this section as the 
     ``Commission'') determines exigent circumstances related to 
     the COVID-19 pandemic prevent a State from providing matching 
     funds as described in the last proviso under the heading 
     ``Election Assistance Commission, Election Security Grants'' 
     in the Financial Services and General Government 
     Appropriations Act, 2020 (Public Law 116-93; 133 Stat. 2461) 
     (relating to the State matching funds requirement), the 
     Commission may waive the application of such State matching 
     funds requirement under such proviso with respect to any 
     payment made to the State using funds appropriated or 
     otherwise made available to the Commission under the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (b) Effective Date.--Subsection (a) shall take effect as if 
     included in the enactment of the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136).
                                 ______
                                 
  SA 1975. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 section 592, add the following:
       (3) The extent, if any, to which the test will affect 
     retention in the Army National Guard and the Army Reserve of 
     members who do not have access to the necessary training on a 
     frequent and sustained basis.
       (4) In consultation with obstetrician-gynecologists, the 
     extent, if any, to which requiring women to take the test for 
     record within 18 months of giving birth would affect 
     retention of female soldiers in the Army.
                                 ______
                                 
  SA 1976. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. REVIEW OF PORT AND INFRASTRUCTURE PURCHASES AND 
                   INVESTMENTS BY THE GOVERNMENT OF THE PEOPLE'S 
                   REPUBLIC OF CHINA AND ENTITIES DIRECTED OR 
                   BACKED BY THE GOVERNMENT OF THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) In General.--The Secretary of Defense shall conduct a 
     review of port and infrastructure purchases and investments 
     by--
       (1) the Government of the People's Republic of China;
       (2) entities directed or backed by the Government of the 
     People's Republic of China; and
       (3) entities with beneficial owners that include the 
     Government of the People's Republic of China or a private 
     company controlled by the Government of the People's Republic 
     of China.
       (b) Elements.--The review required by subsection (a) shall 
     include the following:
       (1) A list of port and infrastructure purchases and 
     investments described in that subsection, prioritized in 
     order of the purchases or investments that pose the greatest 
     threat to United States defense and foreign policy interests.
       (2) An analysis of the effects the consolidation of such 
     investments, or the assertion of control by the Government of 
     the People's Republic of China over entities described in 
     paragraph (2) or (3) of that subsection, would have on 
     Department of Defense contingency plans.
       (c) Coordination With Other Federal Agencies.--In 
     conducting the review under subsection (a), the Secretary may 
     coordinate with the head of any other Federal agency, as the 
     Secretary considers appropriate.
       (d) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the results of 
     the review under subsection (a).
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 1977. Mr. BENNET (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 IX, add the following:

     SEC. ___. BRIEFING ON ASSIGNMENT OF MEMBERS OF THE ARMED 
                   FORCES ON ACTIVE DUTY TO THE JOINT ARTIFICIAL 
                   INTELLIGENCE CENTER OF THE DEPARTMENT OF 
                   DEFENSE.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense, with appropriate 
     representatives of the Armed Forces, shall brief the 
     Committees on Armed Services of the Senate and the House of 
     Representatives on the feasibility and the current status of 
     assigning members of the Armed Forces on active duty to the 
     Joint Artificial Intelligence Center (JAIC) of the Department 
     of Defense. The briefing shall include an assessment of such 
     assignment on each of the following:
       (1) The strengthening of ties between the Joint Artificial 
     Intelligence Center and operational forces for purposes of--
       (A) identifying tactical and operational use cases for 
     artificial intelligence (AI);
       (B) improving data collection; and
       (C) establishing effective liaison between the Center and 
     operational forces for identification and clarification of 
     concerns in the widespread adoption and dissemination of 
     artificial intelligence.
       (2) The creation of opportunities for additional non-
     traditional broadening assignments for members on active 
     duty.
       (3) The career trajectory of active duty members so 
     assigned, including potential negative effects on career 
     trajectory.
       (4) The improvement and enhancement of the capacity of the 
     Center to influence Department-wide policies that affect the 
     adoption of artificial intelligence.
                                 ______
                                 
  SA 1978. Mr. BENNET (for himself and Mr. Gardner) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, insert the 
     following:

     SEC. 320. PAYMENTS TO STATES FOR THE TREATMENT OF 
                   PERFLUOROOCTANE SULFONIC ACID AND 
                   PERFLUOROOCTANOIC ACID IN DRINKING WATER.

       (a) In General.--The Secretary of the Air Force shall pay a 
     local water authority located in the vicinity of an 
     installation of the Air Force, or a State in which the local 
     water authority is located, for the treatment of 
     perfluorooctane sulfonic acid and perfluorooctanoic acid in 
     drinking water from the wells owned and operated by the local 
     water authority to attain the lifetime health advisory level 
     for such acids established by the Environmental Protection 
     Agency and in effect on October 1, 2017.
       (b) Eligibility for Payment.--To be eligible to receive 
     payment under subsection (a)--
       (1) a local water authority or State, as the case may be, 
     must--
       (A) request such a payment from the Secretary of the Air 
     Force for reimbursable expenses not already covered under a 
     cooperative agreement entered into by the Secretary relating 
     to treatment of perfluorooctane sulfonic acid and 
     perfluorooctanoic acid contamination before the date on which 
     funding is made available to the Secretary for payments 
     relating to such treatment; and
       (B) upon acceptance of such a payment, waive all legal 
     causes of action arising under chapter 171 of title 28, 
     United States Code (commonly known as the ``Federal Tort 
     Claims Act''), and any other Federal tort liability statute 
     for expenses for treatment and mitigation of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid incurred before 
     January 1, 2018, and otherwise covered under this section;
       (2) the elevated levels of perfluorooctane sulfonic acid 
     and perfluorooctanoic acid in the water must be the result of 
     activities

[[Page S3461]]

     conducted by or paid for by the Department of the Air Force; 
     and
       (3) treatment or mitigation of such acids must have taken 
     place during the period beginning on January 1, 2016, and 
     ending on the day before the date of the enactment of this 
     Act.
       (c) Agreements.--
       (1) In general.--The Secretary of the Air Force may enter 
     into such agreements with a local water authority or State as 
     the Secretary considers necessary to implement this section.
       (2) Use of memorandum of agreement.--The Secretary of the 
     Air Force may use the applicable Defense State Memorandum of 
     Agreement to pay amounts under subsection (a) that would 
     otherwise be eligible for payment under that agreement were 
     those costs paid using amounts appropriated to the 
     Environmental Restoration Account, Air Force, established 
     under section 2703(a)(4) of title 10, United States Code.
       (3) Payment without regard to existing agreements.--Payment 
     may be made under subsection (a) to a State or a local water 
     authority in that State without regard to existing agreements 
     relating to environmental response actions or indemnification 
     between the Department of the Air Force and that State.
       (d) Limitation.--Any payment made under subsection (a) may 
     not exceed the actual cost of treatment of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid resulting from the 
     activities conducted by or paid for by the Department of the 
     Air Force.
       (e) Availability of Amounts.--Of the amounts authorized to 
     be appropriated to the Department of Defense for Operation 
     and Maintenance, Air Force, up to $10,000,000 shall be 
     available to carry out this section.
                                 ______
                                 
  SA 1979. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 1085. REQUIREMENT TO USE DEFENSE PRODUCTION ACT 
                   AUTHORITIES TO INVEST IN ALUMINUM PRODUCTION 
                   CAPACITY IN UNITED STATES.

       If aluminum production capacity in the United States falls 
     below 895,000 tons in a year, as determined by the United 
     States Geological Survey, the Secretary of Defense shall, 
     without the need for the authorization of the President under 
     paragraph (1) of section 301(a) of the Defense Production Act 
     of 1950 (50 U.S.C. 4531(a)) or a determination by the 
     President described in paragraph (2) of that section, use the 
     authorities provided by title III of that Act (50 U.S.C. 4531 
     et seq.) to expand the production capacity of the aluminum 
     industry in the United States.
                                 ______
                                 
  SA 1980. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, insert the 
     following:

     SEC. __. DOMESTIC SOURCING REQUIREMENTS FOR ALUMINUM.

       (a) Finding.--Congress finds that aluminum production 
     capacity in the United States is critical to United States 
     national security.
       (b) Designation of Aluminum as Specialty Metal.--Section 
     2533b(l) of title 10, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(5) Aluminum and aluminum alloys.''
       (c) Federal Highway Administration.--Section 313(a) of 
     title 23, United States Code, is amended by striking ``unless 
     steel, iron, and manufactured products'' and inserting 
     ``unless steel, iron, aluminum, and manufactured products''.
       (d) Federal Transit Administration.--Section 5323(j) of 
     title 49, United States Code, is amended--
       (1) in paragraph (1), by striking ``only if the steel, 
     iron, and manufactured goods'' and inserting ``only if the 
     steel, iron, aluminum, and manufactured goods'';
       (2) in paragraph (2)(B), by striking ``steel, iron and 
     goods'' and inserting ``steel, iron, aluminum, and 
     manufactured goods'';
       (3) in paragraph (5), by striking ``or iron'' and inserting 
     ``, iron, or aluminum'';
       (4) in paragraph (6)(A)(i), by inserting ``, aluminum'' 
     after ``iron'';
       (5) in paragraph (10), by inserting ``, aluminum'' after 
     ``iron''; and
       (6) in paragraph (12)--
       (A) in the paragraph heading, by striking ``and iron'' and 
     inserting ``, iron, and aluminum''; and
       (B) by striking ``and iron'' and inserting ``, iron, and 
     aluminum''.
       (e) Federal Railroad Administration.--Section 22905(a) of 
     title 49, United States Code, is amended--
       (1) in paragraph (1), by striking ``only if the steel, 
     iron, and manufactured goods'' and inserting ``only if the 
     steel, iron, aluminum, and manufactured products'';
       (2) in paragraph (2)(B), by inserting ``, aluminum'' after 
     ``iron''; and
       (3) in paragraph (9), by inserting ``, aluminum'' after 
     ``iron''.
       (f) Federal Aviation Administration.--Section 50101(a) of 
     title 49, United States Code, is amended by striking ``steel 
     and manufactured goods'' and inserting ``steel, aluminum, and 
     manufactured goods''.
       (g) Amtrak.--Section 24305(f)(2) of title 49, United States 
     Code, is amended by inserting ``, including aluminum,'' after 
     ``supplies'' each place it appears.
                                 ______
                                 
  SA 1981. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. ____. MODIFICATION OF REAL-TIME SOUND-MONITORING AT NAVY 
                   INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT 
                   OPERATE.

       Section 325 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``and noise contours have been developed through noise 
     modeling''; and
       (B) by amending paragraph (1) to read as follows:
       ``(1) for a continuous one-year period beginning on or 
     after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2021; and''; and
       (2) by striking subsection (b) and inserting the following 
     new subsection (b):
       ``(b) Additional Monitoring Over Public Training Areas.--
     The Secretary of the Navy shall conduct real-time sound 
     monitoring described in subsection (a) in training areas that 
     consist of real property administered by the Federal 
     Government (including the Department of Defense, the 
     Department of the Interior, and the Department of 
     Agriculture) or a State or local government that are 
     predominantly overflown by tactical fighter aircraft from the 
     installations selected under such subsection and outlying 
     landing fields.''.
                                 ______
                                 
  SA 1982. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1287. INVESTIGATION AND REPORT ON ISSUANCE OF PASSPORTS 
                   AND TRAVEL DOCUMENTS TO CITIZENS OF SAUDI 
                   ARABIA IN THE UNITED STATES.

       (a) Investigation.--The Secretary of State shall conduct an 
     investigation on the issuance by the Government of Saudi 
     Arabia of passports and other travel documents to citizens of 
     Saudi Arabia in the United States.
       (b) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the results of the investigation under 
     subsection (a).
       (2) Matter to be included.--The report required by 
     paragraph (1) shall include, with respect to the manner in 
     which passports and travel documents are issued to citizens 
     of Saudi Arabia in the United States, an assessment whether 
     the Government of Saudi Arabia is in compliance with its 
     obligations under the Vienna Convention on Diplomatic 
     Relations, done at Vienna April 18, 1961, and the Vienna 
     Convention on Consular Relations, done at Vienna April 24, 
     1963.
                                 ______
                                 
  SA 1983. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. PRESERVATION OF AMERICAN JUSTICE.

       (a) Short Title.--This section may be cited as the 
     ``Preservation of American Justice Act''.
       (b) Investigation of Certain Foreign Nationals.--
       (1) Investigation.--Not later than 90 days after the date 
     of enactment of this Act, the

[[Page S3462]]

     Attorney General shall complete an investigation of whether 
     the Government of Saudi Arabia materially assisted or 
     facilitated any citizen or national of Saudi Arabia, 
     including Abdulrahman Noorah, Abdulaziz Al Duways, Waleed Ali 
     Alharthi, Suliman Ali Algwaiz, and Ali Hussain Alhamoud, in 
     departing from the United States while the citizen or 
     national was awaiting trial or sentencing for a criminal 
     offense committed in the United States.
       (2) Report.--If the Attorney General determines that the 
     Government of Saudi Arabia did materially assist or 
     facilitate a citizen or national of Saudi Arabia as described 
     in paragraph (1), the Attorney General shall submit a written 
     report to Congress and the Secretary of State detailing the 
     findings of the investigation.
       (3) Prohibition on issuance and revocation of certain 
     visas.--
       (A) In general.--Except as provided under subparagraph (B), 
     if the Secretary of State receives a report under paragraph 
     (2), the Secretary of State may not issue a visa, and shall 
     revoke any visa issued, to a Member of the Council of 
     Ministers of Saudi Arabia, an immediate family member of a 
     Member of the Council of Ministers of Saudi Arabia, a 
     descendant of the King of Saudi Arabia, or an immediate 
     family member of such a descendant until the date on which 
     the citizen or national of Saudi Arabia described in the 
     report is extradited to the United States for completion of 
     the trial or sentencing.
       (B) Exception.--The Secretary of State may issue a visa 
     otherwise prohibited under subparagraph (A), or not revoke a 
     visa otherwise required to be revoked under such 
     subparagraph, if the Secretary determines that it is 
     necessary--
       (i) to enable the President to receive an Ambassador or 
     other public Minister under Article II, section 3, of the 
     Constitution in a manner consistent with the Vienna 
     Conventions on Diplomatic and Consular Relations; or
       (ii) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or with any other applicable international 
     obligations.
       (C) Vienna conventions on diplomatic and consular relations 
     defined.--In this paragraph, the term ``Vienna Conventions on 
     Diplomatic and Consular Relations'' means--
       (i) the Vienna Convention on Diplomatic Relations, done at 
     Vienna April 18, 1961; and
       (ii) the Vienna Convention on Consular Relations, done at 
     Vienna April 24, 1963.
       (c) Treatment of Foreign Nationals Fleeing the United 
     States During Criminal Proceedings.--
       (1) Foreign national defined.--In this subsection, the term 
     ``foreign national'' means an individual in the United States 
     who is not a citizen of the United States.
       (2) Report.--Not later than 6 months after the date of 
     enactment of this Act, and once every year thereafter, the 
     Attorney General, acting through the Director of the Bureau 
     of Justice Statistics, in coordination with the Secretary of 
     Homeland Security, shall--
       (A) collect information from State courts and law 
     enforcement agencies on any foreign nationals who have, 
     during the reporting period, departed from the United States 
     while awaiting trial or sentencing for a criminal offense 
     committed in the United States; and
       (B) publish a report based on the information collected 
     under subparagraph (A).
       (3) List of countries.--
       (A) In general.--The Attorney General, in coordination with 
     the Director of National Intelligence, shall establish and 
     maintain a list of countries the governments of which have, 
     in the determination of the Attorney General, materially 
     assisted or facilitated the departure of any foreign national 
     included in the report required under paragraph (2).
       (B) Determination.--In establishing and maintaining the 
     list required under subparagraph (A), the Attorney General--
       (i) shall take into account the information in the annual 
     reports published under paragraph (2)(B); and
       (ii) may include or remove any country as the Attorney 
     General determines appropriate.
       (C) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, and once every year 
     thereafter, the Attorney General shall submit to Congress a 
     report on the procedures used by the Attorney General in 
     determining which countries are on the list maintained under 
     subparagraph (A).
                                 ______
                                 
  SA 1984. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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, add the following:

     SEC. ___. REPORT ON THE DEMILITARIZATION ABROAD OF 
                   UNSERVICEABLE MUNITIONS LOCATED OUTSIDE THE 
                   UNITED STATES.

       (a) In General.--Not later than 180 days after the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth an assessment of the 
     feasability and advisability of demilitarizing abroad 
     unserviceable munitions that are located outside the United 
     States in order to avoid the costs of transporting such 
     munitions to the United States for demilitarization.
       (b) Considerations.--In preparing the evaluation required 
     for the report, the Secretary shall take into account the 
     following:
       (1) The need for mitigation of adverse environmental 
     impacts, or impacts to the health and safety of local 
     populations, in the demilitarization of unserviceable 
     munitions.
       (2) The availability and ease of use of munitions 
     demilitarization technologies and mechanisms abroad.
       (3) Any costs savings achievable through demilitarization 
     of unserviceable munitions abroad.
       (c) Technologies.--If the Secretary determines for purposes 
     of the report that the demilitarization abroad of 
     unserviceable munitions located outside the United States is 
     feasible and advisable, the report shall include a 
     description and assessment of various technologies and other 
     mechanisms that would be suitable for such demilitarization.
                                 ______
                                 
  SA 1985. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 II, insert the following:

     SEC. ___. SECRETARY OF DEFENSE CONSIDERATION OF POWERED 
                   EXOSKELETONS AND HUMAN CONTROLLED ROBOTS FOR 
                   HEAVY LIFT SUSTAINMENT TASKS.

       Whenever the Secretary of Defense evaluates the research 
     and development of emerging war-fighting technologies, the 
     Secretary shall consider the use of full-body, autonomously 
     powered exoskeletons and semi-autonomous or tele-operated 
     single or dual-armed, human controlled robots used for heavy 
     lift sustainment tasks.
                                 ______
                                 
  SA 1986. Mr. KENNEDY (for himself and Ms. Baldwin) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. SBIR AND STTR PILOT PROGRAM FOR UNDERPERFORMING 
                   STATES.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding at the end the following:
       ``(vv) Department of Defense Pilot Program for 
     Underperforming States.--
       ``(1) Definitions.--In this section:
       ``(A) Department.--The term `Department' means the 
     Department of Defense.
       ``(B) Underperforming state.--The term `underperforming 
     State' means any State participating in the SBIR or STTR 
     program that is in the bottom 68 percent of all States 
     historically receiving SBIR or STTR program funding.
       ``(2) Establishment.--The Secretary of Defense shall 
     establish a pilot program to provide small business concerns 
     located in underperforming States an increased level of 
     assistance under the SBIR and STTR programs of the 
     Department.
       ``(3) Activities.--Under the pilot program, the Department, 
     and any component agency thereof, may--
       ``(A) in any case in which the Department seeks to make a 
     Phase II SBIR or STTR award to a small business concern based 
     on the results of a Phase I award made to the small business 
     concern by another agency, establish a streamlined transfer 
     and fast track approval process for that Phase II award;
       ``(B) provide an additional Phase II SBIR or STTR award to 
     a small business concern located in an underperforming State 
     that received a Phase I SBIR or STTR award, subject to an 
     increase in the allocation percentage;
       ``(C) establish a program to make Phase 1.5 SBIR or STTR 
     awards to small business concerns located in underperforming 
     States in order to provide funding for 12 to 24 months to 
     continue the development of technology; and
       ``(D) carry out subparagraph (C) along with other 
     mentorship programs.
       ``(4) Duration.--The pilot program established under this 
     subsection shall terminate 5 years after the date on which 
     the pilot program is established.
       ``(5) Report.--The Department shall submit to Congress an 
     annual report on the status of the pilot program established 
     under this subsection, including the improvement in funding 
     under the SBIR and STTR programs of the Department provided 
     to small business concerns located in underperforming 
     States.''.

[[Page S3463]]

  

                                 ______
                                 
  SA 1987. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. PROVIDING INFORMATION TO STATES REGARDING 
                   UNDELIVERED SAVINGS BONDS.

       Section 3105 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(f)(1) Notwithstanding any other law to the contrary, the 
     Secretary shall provide each State, as digital or other 
     electronically searchable forms become available (including 
     digital images), with sufficient information to identify the 
     registered owner of any applicable savings bond with a 
     registration address that is within such State, including the 
     serial number of the bond, the name and registered address of 
     such owner, and any registered beneficiaries.
       ``(2) The Secretary shall prescribe such regulations or 
     other guidance as may be necessary to carry out the purposes 
     of this subsection, including rules to--
       ``(A) protect the privacy of the owners of applicable 
     savings bonds;
       ``(B) ensure that any information provided to a State under 
     this subsection shall be used solely to locate such owners 
     and assist them in redeeming such bonds with the United 
     States Treasury; and
       ``(C) ensure that owners of applicable savings bonds 
     seeking to redeem such bonds with the United States Treasury 
     are able to do so in an expeditious manner.
       ``(3) Not later than 12 months after the date of enactment 
     of this subsection, and annually thereafter, the Secretary 
     shall submit to the Committee on Appropriations and the 
     Committee on Finance of the Senate a report assessing all 
     efforts to satisfy the requirement under paragraph (1).
       ``(4) For purposes of this subsection, the term `applicable 
     savings bond' means a matured and unredeemed savings bond.''.
                                 ______
                                 
  SA 1988. Mr. KENNEDY (for himself, Mr. Van Hollen, Mr. Rubio, Mr. 
Cotton, Mr. Menendez, Mr. Cramer, and Mr. Scott of Florida) submitted 
an amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DISCLOSURE REQUIREMENTS FOR CERTAIN PUBLICLY TRADED 
                   COMPANIES.

       (a) In General.--Section 104 of the Sarbanes-Oxley Act of 
     2002 (15 U.S.C. 7214) is amended by adding at the end the 
     following:
       ``(i) Disclosure Regarding Foreign Jurisdictions That 
     Prevent Inspections.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `covered issuer' means an issuer that is 
     required to file reports under section 13 or 15(d) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); and
       ``(B) the term `non-inspection year' means, with respect to 
     a covered issuer, a year--
       ``(i) during which the Commission identifies the covered 
     issuer under paragraph (2)(A) with respect to every report 
     described in subparagraph (A) filed by the covered issuer 
     during that year; and
       ``(ii) that begins after the date of enactment of this 
     subsection.
       ``(2) Disclosure to commission.--The Commission shall--
       ``(A) identify each covered issuer that, with respect to 
     the preparation of the audit report on the financial 
     statement of the covered issuer that is included in a report 
     described in paragraph (1)(A) filed by the covered issuer, 
     retains a registered public accounting firm that has a branch 
     or office that--
       ``(i) is located in a foreign jurisdiction; and
       ``(ii) the Board is unable to inspect or investigate 
     completely because of a position taken by an authority in the 
     foreign jurisdiction described in clause (i), as determined 
     by the Board; and
       ``(B) require each covered issuer identified under 
     subparagraph (A) to, in accordance with the rules issued by 
     the Commission under paragraph (4), submit to the Commission 
     documentation that establishes that the covered issuer is not 
     owned or controlled by a governmental entity in the foreign 
     jurisdiction described in subparagraph (A)(i).
       ``(3) Trading prohibition after 3 years of non-
     inspections.--
       ``(A) In general.--If the Commission determines that a 
     covered issuer has 3 consecutive non-inspection years, the 
     Commission shall prohibit the securities of the covered 
     issuer from being traded--
       ``(i) on a national securities exchange; or
       ``(ii) through any other method that is within the 
     jurisdiction of the Commission to regulate, including through 
     the method of trading that is commonly referred to as the 
     `over-the-counter' trading of securities.
       ``(B) Removal of initial prohibition.--If, after the 
     Commission imposes a prohibition on a covered issuer under 
     subparagraph (A), the covered issuer certifies to the 
     Commission that the covered issuer has retained a registered 
     public accounting firm that the Board has inspected under 
     this section to the satisfaction of the Commission, the 
     Commission shall end that prohibition.
       ``(C) Recurrence of non-inspection years.--If, after the 
     Commission ends a prohibition under subparagraph (B) or (D) 
     with respect to a covered issuer, the Commission determines 
     that the covered issuer has a non-inspection year, the 
     Commission shall prohibit the securities of the covered 
     issuer from being traded--
       ``(i) on a national securities exchange; or
       ``(ii) through any other method that is within the 
     jurisdiction of the Commission to regulate, including through 
     the method of trading that is commonly referred to as the 
     `over-the-counter' trading of securities.
       ``(D) Removal of subsequent prohibition.--If, after the end 
     of the 5-year period beginning on the date on which the 
     Commission imposes a prohibition on a covered issuer under 
     subparagraph (C), the covered issuer certifies to the 
     Commission that the covered issuer will retain a registered 
     public accounting firm that the Board is able to inspect 
     under this section, the Commission shall end that 
     prohibition.
       ``(4) Rules.--Not later than 90 days after the date of 
     enactment of this subsection, the Commission shall issue 
     rules that establish the manner and form in which a covered 
     issuer shall make a submission required under paragraph 
     (2)(B).''.
       (b) Additional Disclosure.--
       (1) Definitions.--In this subsection--
       (A) the term ``audit report'' has the meaning given the 
     term in section 2(a) of the Sarbanes-Oxley Act of 2002 (15 
     U.S.C. 7201(a));
       (B) the term ``Commission'' means the Securities and 
     Exchange Commission;
       (C) the term ``covered form''--
       (i) means--

       (I) the form described in section 249.310 of title 17, Code 
     of Federal Regulations, or any successor regulation; and
       (II) the form described in section 249.220f of title 17, 
     Code of Federal Regulations, or any successor regulation; and

       (ii) includes a form that--

       (I) is the equivalent of, or substantially similar to, the 
     form described in subclause (I) or (II) of clause (i); and
       (II) a foreign issuer files with the Commission under the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or 
     rules issued under that Act;

       (D) the terms ``covered issuer'' and ``non-inspection 
     year'' have the meanings given the terms in subsection (i)(1) 
     of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 
     7214), as added by subsection (a) of this section; and
       (E) the term ``foreign issuer'' has the meaning given the 
     term in section 240.3b-4 of title 17, Code of Federal 
     Regulations, or any successor regulation.
       (2) Requirement.--Each covered issuer that is a foreign 
     issuer and for which, during a non-inspection year with 
     respect to the covered issuer, a registered public accounting 
     firm described in subsection (i)(2)(A) of section 104 of the 
     Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by 
     subsection (a) of this section, has prepared an audit report 
     shall disclose in each covered form filed by that issuer that 
     covers such a non-inspection year--
       (A) that, during the period covered by the covered form, 
     such a registered public accounting firm has prepared an 
     audit report for the issuer;
       (B) the percentage of the shares of the issuer owned by 
     governmental entities in the foreign jurisdiction in which 
     the issuer is incorporated or otherwise organized;
       (C) whether governmental entities in the applicable foreign 
     jurisdiction with respect to that registered public 
     accounting firm have a controlling financial interest with 
     respect to the issuer;
       (D) the name of each official of the Chinese Communist 
     Party who is a member of the board of directors of--
       (i) the issuer; or
       (ii) the operating entity with respect to the issuer; and
       (E) whether the articles of incorporation of the issuer (or 
     equivalent organizing document) contains any charter of the 
     Chinese Communist Party, including the text of any such 
     charter.
                                 ______
                                 
  SA 1989. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 333. INCLUSION OF CERTAIN MILITARY INSTALLATIONS IN MQ-
                   25 STINGRAY PROGRAM.

       The Secretary of the Navy shall include in the MQ-25 
     Stingray program as many military installations under the 
     jurisdiction of the Secretary as feasible that--

[[Page S3464]]

       (1) have joint air sovereignty and homeland defense 
     requirements;
       (2) fly aircraft from multiple service branches;
       (3) have large bodies of water within their jurisdiction; 
     and
       (4) do not currently have air-refueling capabilities.
                                 ______
                                 
  SA 1990. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 333. USE OF COST SAVINGS REALIZED FROM INTERGOVERNMENTAL 
                   SERVICES AGREEMENTS FOR INSTALLATION-SUPPORT 
                   SERVICES.

       (a) Requirement.--Section 2679 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Use of Cost Savings Realized.--(1) With respect to a 
     fiscal year in which cost savings are realized as a result of 
     entering into an intergovernmental support agreement under 
     this section for a military installation, the Secretary 
     concerned shall make not less than 25 percent of the amount 
     of such savings available for use by the commander of the 
     installation solely for sustainment restoration and 
     modernization requirements that have been approved by the 
     major subordinate command or equivalent component.
       ``(2) Not less frequently than annually, the Secretary 
     concerned shall certify to the congressional defense 
     committee the amount of the cost savings achieved, the source 
     and type of intergovernmental support agreement that achieved 
     the savings, and the manner in which those savings were 
     deployed, disaggregated by installation.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to fiscal year 2021 and each 
     subsequent fiscal year.
                                 ______
                                 
  SA 1991. Mr. KENNEDY (for himself and Mr. Jones) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. RESTRICTIONS ON CONFUCIUS INSTITUTES.

       (a) Definition.--In this section, the term ``Confucius 
     Institute'' means a cultural institute directly or indirectly 
     funded by the Government of the People's Republic of China.
       (b) Restrictions on Confucius Institutes.--An institution 
     of higher education or other postsecondary educational 
     institution (referred to in this section as an 
     ``institution'') shall not be eligible to receive Federal 
     funds from the Department of Education (except funds under 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
     et seq.) or other Department of Education funds that are 
     provided directly to students) unless the institution ensures 
     that any contract or agreement between the institution and a 
     Confucius Institute includes clear provisions that--
       (1) protect academic freedom at the institution;
       (2) prohibit the application of any foreign law on any 
     campus of the institution; and
       (3) grant full managerial authority of the Confucius 
     Institute to the institution, including full control over 
     what is being taught, the activities carried out, the 
     research grants that are made, and who is employed at the 
     Confucius Institute.
                                 ______
                                 
  SA 1992. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 12__. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF 
                   IRAN TO VICTIMS OF TERRORISM.

       Section 502 of the Iran Threat Reduction and Syria Human 
     Rights Act of 2012 (22 U.S.C. 8772) is amended--
       (1) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Victims of 1983 Attack on Marine Barracks.--Any 
     United States person with a final judgement issued by a 
     district court of the United States against Iran for a claim 
     relating to the attack on the Marine Corps barracks in 
     Beirut, Lebanon, on October 23, 1983, and who not later than 
     January 31, 2021, submits a motion to intervene in Peterson 
     et al. v. Islamic Republic of Iran et al, Case No. 13 Civ. 
     9195 (LAP) shall--
       ``(1) have a legal right to intervene in that matter; and
       ``(2) be entitled to a pro-rated share of the financial 
     assets described in subsection (b)(2).''.
                                 ______
                                 
  SA 1993. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 section 808, add the following:
       (h) Sense of Congress on Mitigating Risks of Reliance on 
     Certain Sources of Supply and Manufacturing for Printed 
     Circuit Boards.--It is the sense of Congress that--
       (1) the Department of Defense must take steps to reduce and 
     mitigate risks of reliance on certain sources of supply and 
     manufacturing for printed circuit boards; and
       (2) the provisions of this section are intended to augment, 
     rather than reduce or supersede, current efforts to reduce 
     and mitigate such risks.
                                 ______
                                 
  SA 1994. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. REPORT ON SUPPLY CHAIN ISSUES FOR RARE EARTH 
                   MATERIALS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the Defense Logistics Agency, 
     in coordination with the Deputy Assistant Secretary of 
     Defense for Industrial Policy, shall submit a report to 
     Congress assessing issues relating to the supply chain for 
     rare earth materials. Such report shall include the 
     following:
       (1) An assessment of the rare earth materials in the 
     reserves held by the United States.
       (2) A estimate of the needs of the United States for rare 
     earth materials--
       (A) in general; and
       (B) to support a major near-peer conflict as described in 
     war game scenarios in the 2018 National Defense Strategy.
       (3) An assessment of the extent to which substitutes for 
     rare earth materials are available.
       (4) A strategy or plan to encourage the use of rare earth 
     materials mined, refined, processed, melted, or sintered in 
     the United States, or from trusted allies, including an 
     assessment of the best acquisition practices (which shall 
     include an analysis of best value contracting methods) to 
     ensure the viability of trusted suppliers of rare earth 
     materials to meet national security needs.
                                 ______
                                 
  SA 1995. Mr. TOOMEY (for himself and Mr. Van Hollen) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       After title XVI, insert the following:

                   TITLE XVII--HONG KONG AUTONOMY ACT

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Hong Kong Autonomy Act''.

     SEC. 1702. DEFINITIONS.

       In this title:
       (1) Alien; national; national of the united states.--The 
     terms ``alien'', ``national'', and ``national of the United 
     States'' have the meanings given those terms in section 101 
     of the Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees and leadership.--
     The term ``appropriate congressional committees and 
     leadership'' means--
       (A) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on the Judiciary, the 
     Select Committee on Intelligence, and the majority leader and 
     the minority leader of the Senate; and

[[Page S3465]]

       (B) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Foreign Affairs, the 
     Committee on Homeland Security, the Committee on the 
     Judiciary, the Permanent Select Committee on Intelligence, 
     and the Speaker and the minority leader of the House of 
     Representatives.
       (3) Basic law.--The term ``Basic Law'' means the Basic Law 
     of the Hong Kong Special Administrative Region of the 
     People's Republic of China.
       (4) China.--The term ``China'' means the People's Republic 
     of China.
       (5) Entity.--The term ``entity'' means a partnership, joint 
     venture, association, corporation, organization, network, 
     group, or subgroup, or any other form of business 
     collaboration.
       (6) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     section 5312(a)(2) of title 31, United States Code.
       (7) Hong kong.--The term ``Hong Kong'' means the Hong Kong 
     Special Administrative Region of the People's Republic of 
     China.
       (8) Joint declaration.--The term ``Joint Declaration'' 
     means the Joint Declaration of the Government of the United 
     Kingdom of Great Britain and Northern Ireland and the 
     Government of the People's Republic of China on the Question 
     of Hong Kong, done at Beijing on December 19, 1984.
       (9) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge of the conduct, the circumstance, or the 
     result.
       (10) Person.--The term ``person'' means an individual or 
     entity.
       (11) United states person.--The term ``United States 
     person'' means--
       (A) any citizen or national of the United States;
       (B) any alien lawfully admitted for permanent residence in 
     the United States;
       (C) any entity organized under the laws of the United 
     States or any jurisdiction within the United States 
     (including a foreign branch of such an entity); or
       (D) any person located in the United States.

     SEC. 1703. FINDINGS.

       Congress makes the following findings:
       (1) The Joint Declaration and the Basic Law clarify certain 
     obligations and promises that the Government of China has 
     made with respect to the future of Hong Kong.
       (2) The obligations of the Government of China under the 
     Joint Declaration were codified in a legally-binding treaty, 
     signed by the Government of the United Kingdom of Great 
     Britain and Northern Ireland and registered with the United 
     Nations.
       (3) The obligations of the Government of China under the 
     Basic Law originate from the Joint Declaration, were passed 
     into the domestic law of China by the National People's 
     Congress, and are widely considered by citizens of Hong Kong 
     as part of the de facto legal constitution of Hong Kong.
       (4) Foremost among the obligations of the Government of 
     China to Hong Kong is the promise that, pursuant to Paragraph 
     3b of the Joint Declaration, ``the Hong Kong Special 
     Administrative Region will enjoy a high degree of autonomy, 
     except in foreign and defence affairs which are the 
     responsibilities of the Central People's Government''.
       (5) The obligation specified in Paragraph 3b of the Joint 
     Declaration is referenced, reinforced, and extrapolated on in 
     several portions of the Basic Law, including Articles 2, 12, 
     13, 14, and 22.
       (6) Article 22 of the Basic Law establishes that ``No 
     department of the Central People's Government and no 
     province, autonomous region, or municipality directly under 
     the Central Government may interfere in the affairs which the 
     Hong Kong Special Administrative Region administers on its 
     own in accordance with this Law.''.
       (7) The Joint Declaration and the Basic Law make clear that 
     additional obligations shall be undertaken by China to ensure 
     the ``high degree of autonomy'' of Hong Kong.
       (8) Paragraph 3c of the Joint Declaration states, as 
     reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic 
     Law, that Hong Kong ``will be vested with executive, 
     legislative and independent judicial power, including that of 
     final adjudication''.
       (9) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (8) of this section, 
     including the following:
       (A) In 1999, the Standing Committee of the National 
     People's Congress overruled a decision by the Hong Kong Court 
     of Final Appeal on the right of abode.
       (B) On multiple occasions, the Government of Hong Kong, at 
     the advice of the Government of China, is suspected to have 
     not allowed persons entry into Hong Kong allegedly because of 
     their support for democracy and human rights in Hong Kong and 
     China.
       (C) The Liaison Office of China in Hong Kong has, despite 
     restrictions on interference in the affairs of Hong Kong as 
     detailed in Article 22 of the Basic Law--
       (i) openly expressed support for candidates in Hong Kong 
     for Chief Executive and Legislative Council;
       (ii) expressed views on various policies for the Government 
     of Hong Kong and other internal matters relating to Hong 
     Kong; and
       (iii) on April 17, 2020, asserted that both the Liaison 
     Office of China in Hong Kong and the Hong Kong and Macau 
     Affairs Office of the State Council ``have the right to 
     exercise supervision . . . on affairs regarding Hong Kong and 
     the mainland, in order to ensure correct implementation of 
     the Basic Law''.
       (D) The National People's Congress has passed laws 
     requiring Hong Kong to pass laws banning disrespectful 
     treatment of the national flag and national anthem of China.
       (E) The State Council of China released a white paper on 
     June 10, 2014, that stressed the ``comprehensive 
     jurisdiction'' of the Government of China over Hong Kong and 
     indicated that Hong Kong must be governed by ``patriots''.
       (F) The Government of China has directed operatives to 
     kidnap and bring to the mainland, or is otherwise responsible 
     for the kidnapping of, residents of Hong Kong, including 
     businessman Xiao Jianhua and bookseller Gui Minhai.
       (G) The Government of Hong Kong, acting with the support of 
     the Government of China, introduced an extradition bill that 
     would have permitted the Government of China to request and 
     enforce extradition requests for any individual present in 
     Hong Kong, regardless of the legality of the request or the 
     degree to which it compromised the judicial independence of 
     Hong Kong.
       (H) The spokesman for the Standing Committee of the 
     National People's Congress said, ``Whether Hong Kong's laws 
     are consistent with the Basic Law can only be judged and 
     decided by the National People's Congress Standing Committee. 
     No other authority has the right to make judgments and 
     decisions.''.
       (10) Paragraph 3e of the Joint Declaration states, as 
     reinforced by Article 5 of the Basic Law, that the ``current 
     social and economic systems in Hong Kong will remain 
     unchanged, as so will the life-style.''.
       (11) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (10) of this 
     section, including the following:
       (A) In 2002, the Government of China pressured the 
     Government of Hong Kong to introduce ``patriotic'' curriculum 
     in primary and secondary schools.
       (B) The governments of China and Hong Kong proposed the 
     prohibition of discussion of Hong Kong independence and self-
     determination in primary and secondary schools, which 
     infringes on freedom of speech.
       (C) The Government of Hong Kong mandated that Mandarin, and 
     not the native language of Cantonese, be the language of 
     instruction in Hong Kong schools.
       (D) The governments of China and Hong Kong agreed to a 
     daily quota of mainland immigrants to Hong Kong, which is 
     widely believed by citizens of Hong Kong to be part of an 
     effort to ``mainlandize'' Hong Kong.
       (12) Paragraph 3e of the Joint Declaration states, as 
     reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34, 
     and 39 of the Basic Law, that the ``rights and freedoms, 
     including those of person, of speech, of the press, of 
     assembly, of association, of travel, of movement, of 
     correspondence, of strike, of choice of occupation, of 
     academic research and of religious belief will be ensured by 
     law'' in Hong Kong.
       (13) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (12) of this 
     section, including the following:
       (A) On February 26, 2003, the Government of Hong Kong 
     introduced a national security bill that would have placed 
     restrictions on freedom of speech and other protected rights.
       (B) The Liaison Office of China in Hong Kong has pressured 
     businesses in Hong Kong not to advertise in newspapers and 
     magazines critical of the governments of China and Hong Kong.
       (C) The Hong Kong Police Force selectively blocked 
     demonstrations and protests expressing opposition to the 
     governments of China and Hong Kong or the policies of those 
     governments.
       (D) The Government of Hong Kong refused to renew work visa 
     for a foreign journalist, allegedly for hosting a speaker 
     from the banned Hong Kong National Party.
       (E) The Justice Department of Hong Kong selectively 
     prosecuted cases against leaders of the Umbrella Movement, 
     while failing to prosecute police officers accused of using 
     excessive force during the protests in 2014.
       (F) On April 18, 2020, the Hong Kong Police Force arrested 
     14 high-profile democracy activists and campaigners for their 
     role in organizing a protest march that took place on August 
     18, 2019, in which almost 2,000,000 people rallied against a 
     proposed extradition bill.
       (14) Articles 45 and 68 of the Basic Law assert that the 
     selection of Chief Executive and all members of the 
     Legislative Council of Hong Kong should be by ``universal 
     suffrage.''.
       (15) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (14) of this 
     section, including the following:
       (A) In 2004, the National People's Congress created new, 
     antidemocratic procedures restricting the adoption of 
     universal suffrage for the election of the Chief Executive of 
     Hong Kong.
       (B) The decision by the National People's Congress on 
     December 29, 2007, which ruled out universal suffrage in 2012 
     elections and set restrictions on when and if universal 
     suffrage will be implemented.
       (C) The decision by the National People's Congress on 
     August 31, 2014, which placed

[[Page S3466]]

     limits on the nomination process for the Chief Executive of 
     Hong Kong as a condition for adoption of universal suffrage.
       (D) On November 7, 2016, the National People's Congress 
     interpreted Article 104 of the Basic Law in such a way to 
     disqualify 6 elected members of the Legislative Council.
       (E) In 2018, the Government of Hong Kong banned the Hong 
     Kong National Party and blocked the candidacy of pro-
     democracy candidates.
       (16) The ways in which the Government of China, at times 
     with the support of a subservient Government of Hong Kong, 
     has acted in contravention of its obligations under the Joint 
     Declaration and the Basic Law, as set forth in this section, 
     are deeply concerning to the people of Hong Kong, the United 
     States, and members of the international community who 
     support the autonomy of Hong Kong.

     SEC. 1704. SENSE OF CONGRESS REGARDING HONG KONG.

       It is the sense of Congress that--
       (1) the United States continues to uphold the principles 
     and policy established in the United States-Hong Kong Policy 
     Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human 
     Rights and Democracy Act of 2019 (Public Law 116-76; 22 
     U.S.C. 5701 note), which remain consistent with China's 
     obligations under the Joint Declaration and certain 
     promulgated objectives under the Basic Law, including that--
       (A) as set forth in section 101(1) of the United States-
     Hong Kong Policy Act of 1992 (22 U.S.C. 5711(1)), ``The 
     United States should play an active role, before, on, and 
     after July 1, 1997, in maintaining Hong Kong's confidence and 
     prosperity, Hong Kong's role as an international financial 
     center, and the mutually beneficial ties between the people 
     of the United States and the people of Hong Kong.''; and
       (B) as set forth in section 2(5) of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5701(5)), ``Support for 
     democratization is a fundamental principle of United States 
     foreign policy. As such, it naturally applies to United 
     States policy toward Hong Kong. This will remain equally true 
     after June 30, 1997.'';
       (2) although the United States recognizes that, under the 
     Joint Declaration, the Government of China ``resumed the 
     exercise of sovereignty over Hong Kong with effect on 1 July 
     1997'', the United States supports the autonomy of Hong Kong 
     in furtherance of the United States-Hong Kong Policy Act of 
     1992 and the Hong Kong Human Rights and Democracy Act of 2019 
     and advances the desire of the people of Hong Kong to 
     continue the ``one country, two systems'' regime, in addition 
     to other obligations promulgated by China under the Joint 
     Declaration and the Basic Law;
       (3) in order to support the benefits and protections that 
     Hong Kong has been afforded by the Government of China under 
     the Joint Declaration and the Basic Law, the United States 
     should establish a clear and unambiguous set of penalties 
     with respect to foreign persons determined by the Secretary 
     of State, in consultation with the Secretary of the Treasury, 
     to be involved in the contravention of the obligations of 
     China under the Joint Declaration and the Basic Law and the 
     financial institutions transacting with those foreign 
     persons;
       (4) the Secretary of State should provide an unclassified 
     assessment of the reason for imposition of certain economic 
     penalties on entities, so as to permit a clear path for the 
     removal of economic penalties if the sanctioned behavior is 
     reversed and verified by the Secretary of State;
       (5) relevant Federal agencies should establish a 
     multilateral sanctions regime with respect to foreign persons 
     involved in the contravention of the obligations of China 
     under the Joint Declaration and the Basic Law; and
       (6) in addition to the penalties on foreign persons, and 
     financial institutions transacting with those foreign 
     persons, for the contravention of the obligations of China 
     under the Joint Declaration and the Basic Law, the United 
     States should take steps, in a time of crisis, to assist 
     permanent residents of Hong Kong who are persecuted or fear 
     persecution as a result of the contravention by China of its 
     obligations under the Joint Declaration and the Basic Law to 
     become eligible to obtain lawful entry into the United 
     States.

     SEC. 1705. IDENTIFICATION OF FOREIGN PERSONS INVOLVED IN THE 
                   EROSION OF THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW AND FOREIGN 
                   FINANCIAL INSTITUTIONS THAT CONDUCT SIGNIFICANT 
                   TRANSACTIONS WITH THOSE PERSONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, if the Secretary of State, in 
     consultation with the Secretary of the Treasury, determines 
     that a foreign person is materially contributing to, has 
     materially contributed to, or attempts to materially 
     contribute to the failure of the Government of China to meet 
     its obligations under the Joint Declaration or the Basic Law, 
     the Secretary of State shall submit to the appropriate 
     congressional committees and leadership a report that 
     includes--
       (1) an identification of the foreign person; and
       (2) a clear explanation for why the foreign person was 
     identified and a description of the activity that resulted in 
     the identification.
       (b) Identifying Foreign Financial Institutions.--Not 
     earlier than 30 days and not later than 60 days after the 
     Secretary of State submits to the appropriate congressional 
     committees and leadership the report under subsection (a), 
     the Secretary of the Treasury, in consultation with the 
     Secretary of State, shall submit to the appropriate 
     congressional committees and leadership a report that 
     identifies any foreign financial institution that knowingly 
     conducts a significant transaction with a foreign person 
     identified in the report under subsection (a).
       (c) Exclusion of Certain Information.--
       (1) Intelligence.--The Secretary of State shall not 
     disclose the identity of a person in a report submitted under 
     subsection (a) or (b), or an update under subsection (e), if 
     the Director of National Intelligence determines that such 
     disclosure could compromise an intelligence operation, 
     activity, source, or method of the United States.
       (2) Law enforcement.--The Secretary of State shall not 
     disclose the identity of a person in a report submitted under 
     subsection (a) or (b), or an update under subsection (e), if 
     the Attorney General, in coordination, as appropriate, with 
     the Director of the Federal Bureau of Investigation, the head 
     of any other appropriate Federal law enforcement agency, and 
     the Secretary of the Treasury, determines that such 
     disclosure could reasonably be expected--
       (A) to compromise the identity of a confidential source, 
     including a State, local, or foreign agency or authority or 
     any private institution that furnished information on a 
     confidential basis;
       (B) to jeopardize the integrity or success of an ongoing 
     criminal investigation or prosecution;
       (C) to endanger the life or physical safety of any person; 
     or
       (D) to cause substantial harm to physical property.
       (3) Notification required.--If the Director of National 
     Intelligence makes a determination under paragraph (1) or the 
     Attorney General makes a determination under paragraph (2), 
     the Director or the Attorney General, as the case may be, 
     shall notify the appropriate congressional committees and 
     leadership of the determination and the reasons for the 
     determination.
       (d) Exclusion or Removal of Foreign Persons and Foreign 
     Financial Institutions.--
       (1) Foreign persons.--The President may exclude a foreign 
     person from the report under subsection (a), or an update 
     under subsection (e), or remove a foreign person from the 
     report or update prior to the imposition of sanctions under 
     section 1706(a) if the material contribution (as described in 
     subsection (g)) that merited inclusion in that report or 
     update--
       (A) does not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (B) is not likely to be repeated in the future; and
       (C) has been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign person.
       (2) Foreign financial institutions.--The President may 
     exclude a foreign financial institution from the report under 
     subsection (b), or an update under subsection (e), or remove 
     a foreign financial institution from the report or update 
     prior to the imposition of sanctions under section 1707(a) if 
     the significant transaction or significant transactions of 
     the foreign financial institution that merited inclusion in 
     that report or update--
       (A) does not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (B) is not likely to be repeated in the future; and
       (C) has been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign financial 
     institution.
       (3) Notification required.--If the President makes a 
     determination under paragraph (1) or (2) to exclude or remove 
     a foreign person or foreign financial institution from a 
     report under subsection (a) or (b), as the case may be, the 
     President shall notify the appropriate congressional 
     committees and leadership of the determination and the 
     reasons for the determination.
       (e) Update of Reports.--
       (1) In general.--Each report submitted under subsections 
     (a) and (b) shall be updated in an ongoing manner and, to the 
     extent practicable, updated reports shall be resubmitted with 
     the annual report under section 301 of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5731).
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to terminate the requirement to update the 
     reports under subsections (a) and (b) upon the termination of 
     the requirement to submit the annual report under section 301 
     of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 
     5731).
       (f) Form of Reports.--
       (1) In general.--Each report under subsection (a) or (b) 
     (including updates under subsection (e)) shall be submitted 
     in unclassified form and made available to the public.
       (2) Classified annex.--The explanations and descriptions 
     included in the report under subsection (a)(2) (including 
     updates under subsection (e)) may be expanded on in a 
     classified annex.
       (g) Material Contributions Related to Obligations of China 
     Described.--For purposes of this section, a foreign person 
     materially contributes to the failure of the Government of 
     China to meet its obligations

[[Page S3467]]

     under the Joint Declaration or the Basic Law if the person--
       (1) took action that resulted in the inability of the 
     people of Hong Kong--
       (A) to enjoy freedom of assembly, speech, press, or 
     independent rule of law; or
       (B) to participate in democratic outcomes; or
       (2) otherwise took action that reduces the high degree of 
     autonomy of Hong Kong.

     SEC. 1706. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT 
                   CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW.

       (a) Imposition of Sanctions.--
       (1) In general.--On and after the date on which a foreign 
     person is included in the report under section 1705(a) or an 
     update to that report under section 1705(e), the President 
     may impose sanctions described in subsection (b) with respect 
     to that foreign person.
       (2) Mandatory sanctions.--Not later than one year after the 
     date on which a foreign person is included in the report 
     under section 1705(a) or an update to that report under 
     section 1705(e), the President shall impose sanctions 
     described in subsection (b) with respect to that foreign 
     person.
       (b) Sanctions Described.--The sanctions described in this 
     subsection with respect to a foreign person are the 
     following:
       (1) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, or exporting any property that is 
     subject to the jurisdiction of the United States and with 
     respect to which the foreign person has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (2) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of a foreign person who 
     is an individual, the President may direct the Secretary of 
     State to deny a visa to, and the Secretary of Homeland 
     Security to exclude from the United States, the foreign 
     person, subject to regulatory exceptions to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, or other 
     applicable international obligations.

     SEC. 1707. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL 
                   INSTITUTIONS THAT CONDUCT SIGNIFICANT 
                   TRANSACTIONS WITH FOREIGN PERSONS THAT 
                   CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW.

       (a) Imposition of Sanctions.--
       (1) Initial sanctions.--Not later than one year after the 
     date on which a foreign financial institution is included in 
     the report under section 1705(b) or an update to that report 
     under section 1705(e), the President shall impose not fewer 
     than 5 of the sanctions described in subsection (b) with 
     respect to that foreign financial institution.
       (2) Expanded sanctions.--Not later than two years after the 
     date on which a foreign financial institution is included in 
     the report under section 1705(b) or an update to that report 
     under section 1705(e), the President shall impose each of the 
     sanctions described in subsection (b).
       (b) Sanctions Described.--The sanctions described in this 
     subsection with respect to a foreign financial institution 
     are the following:
       (1) Loans from united states financial institutions.--The 
     United States Government may prohibit any United States 
     financial institution from making loans or providing credits 
     to the foreign financial institution.
       (2) Prohibition on designation as primary dealer.--Neither 
     the Board of Governors of the Federal Reserve System nor the 
     Federal Reserve Bank of New York may designate, or permit the 
     continuation of any prior designation of, the foreign 
     financial institution as a primary dealer in United States 
     Government debt instruments.
       (3) Prohibition on service as a repository of government 
     funds.--The foreign financial institution may not serve as 
     agent of the United States Government or serve as repository 
     for United States Government funds.
       (4) Foreign exchange.--The President may, pursuant to such 
     regulations as the President may prescribe, prohibit any 
     transactions in foreign exchange that are subject to the 
     jurisdiction of the United States and involve the foreign 
     financial institution.
       (5) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve the foreign 
     financial institution.
       (6) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, importing, or exporting any 
     property that is subject to the jurisdiction of the United 
     States and with respect to which the foreign financial 
     institution has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (7) Restriction on exports, reexports, and transfers.--The 
     President, in consultation with the Secretary of Commerce, 
     may restrict or prohibit exports, reexports, and transfers 
     (in-country) of commodities, software, and technology subject 
     to the jurisdiction of the United States directly or 
     indirectly to the foreign financial institution.
       (8) Ban on investment in equity or debt.--The President 
     may, pursuant to such regulations or guidelines as the 
     President may prescribe, prohibit any United States person 
     from investing in or purchasing significant amounts of equity 
     or debt instruments of the foreign financial institution.
       (9) Exclusion of corporate officers.--The President may 
     direct the Secretary of State, in consultation with the 
     Secretary of the Treasury and the Secretary of Homeland 
     Security, to exclude from the United States any alien that is 
     determined to be a corporate officer or principal of, or a 
     shareholder with a controlling interest in, the foreign 
     financial institution, subject to regulatory exceptions to 
     permit the United States to comply with the Agreement 
     regarding the Headquarters of the United Nations, signed at 
     Lake Success June 26, 1947, and entered into force November 
     21, 1947, between the United Nations and the United States, 
     or other applicable international obligations.
       (10) Sanctions on principal executive officers.--The 
     President may impose on the principal executive officer or 
     officers of the foreign financial institution, or on 
     individuals performing similar functions and with similar 
     authorities as such officer or officers, any of the sanctions 
     described in paragraphs (1) through (8) that are applicable.
       (c) Timing of Sanctions.--The President may impose 
     sanctions required under subsection (a) with respect to a 
     financial institution included in the report under section 
     1705(b) or an update to that report under section 1705(e) 
     beginning on the day on which the financial institution is 
     included in that report or update.

     SEC. 1708. WAIVER, TERMINATION, EXCEPTIONS, AND CONGRESSIONAL 
                   REVIEW PROCESS.

       (a) National Security Waiver.--Unless a disapproval 
     resolution is enacted under subsection (e), the President may 
     waive the application of sanctions under section 1706 or 1707 
     with respect to a foreign person or foreign financial 
     institution if the President--
       (1) determines that the waiver is in the national security 
     interest of the United States; and
       (2) submits to the appropriate congressional committees and 
     leadership a report on the determination and the reasons for 
     the determination.
       (b) Termination of Sanctions and Removal From Report.--
     Unless a disapproval resolution is enacted under subsection 
     (e), the President may terminate the application of sanctions 
     under section 1706 or 1707 with respect to a foreign person 
     or foreign financial institution and remove the foreign 
     person from the report required under section 1705(a) or the 
     foreign financial institution from the report required under 
     section 1705(b), as the case may be, if the Secretary of 
     State, in consultation with the Secretary of the Treasury, 
     determines that the actions taken by the foreign person or 
     foreign financial institution that led to the imposition of 
     sanctions--
       (1) do not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (2) are not likely to be repeated in the future; and
       (3) have been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign person or 
     foreign financial institution.
       (c) Termination of Act.--
       (1) Report.--
       (A) In general.--Not later than July 1, 2046, the 
     President, in consultation with the Secretary of State, the 
     Secretary of the Treasury, and the heads of such other 
     Federal agencies as the President considers appropriate, 
     shall submit to Congress a report evaluating the 
     implementation of this title and sanctions imposed pursuant 
     to this title.
       (B) Elements.--The President shall include in the report 
     submitted under subparagraph (A) an assessment of whether 
     this title and the sanctions imposed pursuant to this title 
     should be terminated.
       (2) Termination.--This title and the sanctions imposed 
     pursuant to this title shall remain in effect unless a 
     termination resolution is enacted under subsection (e) after 
     July 1, 2047.
       (d) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements to impose 
     sanctions under sections 1706 and 1707 shall not include the 
     authority or requirement to impose sanctions on the 
     importation of goods.
       (2) Good defined.--In this subsection, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (e) Congressional Review.--

[[Page S3468]]

       (1) Resolutions.--
       (A) Disapproval resolution.--In this section, the term 
     ``disapproval resolution'' means only a joint resolution of 
     either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     disapproving the waiver or termination of sanctions with 
     respect to a foreign person that contravenes the obligations 
     of China with respect to Hong Kong or a foreign financial 
     institution that conducts a significant transaction with that 
     person.''; and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``Congress disapproves of the action under 
     section 1708 of the Hong Kong Autonomy Act relating to the 
     application of sanctions imposed with respect to a foreign 
     person that contravenes the obligations of China with respect 
     to Hong Kong, or a foreign financial institution that 
     conducts a significant transaction with that person, on 
     _______ relating to ________.'', with the first blank space 
     being filled with the appropriate date and the second blank 
     space being filled with a short description of the proposed 
     action.
       (B) Termination resolution.--In this section, the term 
     ``termination resolution'' means only a joint resolution of 
     either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     terminating sanctions with respect to foreign persons that 
     contravene the obligations of China with respect to Hong Kong 
     and foreign financial institutions that conduct significant 
     transactions with those persons.''; and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``The Hong Kong Autonomy Act and any sanctions 
     imposed pursuant to that Act shall terminate on ____.'', with 
     the blank space being filled with the termination date.
       (C) Covered resolution.--In this subsection, the term 
     ``covered resolution'' means a disapproval resolution or a 
     termination resolution.
       (2) Introduction.--A covered resolution may be introduced--
       (A) in the House of Representatives, by the majority leader 
     or the minority leader; and
       (B) in the Senate, by the majority leader (or the majority 
     leader's designee) or the minority leader (or the minority 
     leader's designee).
       (3) Floor consideration in house of representatives.--If a 
     committee of the House of Representatives to which a covered 
     resolution has been referred has not reported the resolution 
     within 10 calendar days after the date of referral, that 
     committee shall be discharged from further consideration of 
     the resolution.
       (4) Consideration in the senate.--
       (A) Committee referral.--
       (i) Disapproval resolution.--A disapproval resolution 
     introduced in the Senate shall be--

       (I) referred to the Committee on Banking, Housing, and 
     Urban Affairs if the resolution relates to an action that is 
     not intended to significantly alter United States foreign 
     policy with regard to China; and
       (II) referred to the Committee on Foreign Relations if the 
     resolution relates to an action that is intended to 
     significantly alter United States foreign policy with regard 
     to China.

       (ii) Termination resolution.--A termination resolution 
     introduced in the Senate shall be referred to the Committee 
     on Banking, Housing, and Urban Affairs and the Committee on 
     Foreign Relations.
       (B) Reporting and discharge.--If a committee to which a 
     covered resolution was referred has not reported the 
     resolution within 10 calendar days after the date of referral 
     of the resolution, that committee shall be discharged from 
     further consideration of the resolution and the resolution 
     shall be placed on the appropriate calendar.
       (C) Proceeding to consideration.--Notwithstanding Rule XXII 
     of the Standing Rules of the Senate, it is in order at any 
     time after the Committee on Banking, Housing, and Urban 
     Affairs or the Committee on Foreign Relations, as the case 
     may be, reports a covered resolution to the Senate or has 
     been discharged from consideration of such a resolution (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     resolution, and all points of order against the resolution 
     (and against consideration of the resolution) are waived. The 
     motion to proceed is not debatable. The motion is not subject 
     to a motion to postpone. A motion to reconsider the vote by 
     which the motion is agreed to or disagreed to shall not be in 
     order.
       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a covered resolution shall be decided without 
     debate.
       (E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a covered resolution, 
     including all debatable motions and appeals in connection 
     with the resolution, shall be limited to 10 hours, to be 
     equally divided between, and controlled by, the majority 
     leader and the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate resolution in house.--In the House 
     of Representatives, the following procedures shall apply to a 
     covered resolution received from the Senate (unless the House 
     has already passed a resolution relating to the same proposed 
     action):
       (i) The resolution shall be referred to the appropriate 
     committees.
       (ii) If a committee to which a resolution has been referred 
     has not reported the resolution within 2 calendar days after 
     the date of referral, that committee shall be discharged from 
     further consideration of the resolution.
       (iii) Beginning on the third legislative day after each 
     committee to which a resolution has been referred reports the 
     resolution to the House or has been discharged from further 
     consideration thereof, it shall be in order to move to 
     proceed to consider the resolution in the House. All points 
     of order against the motion are waived. Such a motion shall 
     not be in order after the House has disposed of a motion to 
     proceed on the resolution. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion. The motion shall not be debatable. A 
     motion to reconsider the vote by which the motion is disposed 
     of shall not be in order.
       (iv) The resolution shall be considered as read. All points 
     of order against the resolution and against its consideration 
     are waived. The previous question shall be considered as 
     ordered on the resolution to final passage without 
     intervening motion except 2 hours of debate equally divided 
     and controlled by the sponsor of the resolution (or a 
     designee) and an opponent. A motion to reconsider the vote on 
     passage of the resolution shall not be in order.
       (B) Treatment of house resolution in senate.--
       (i) Received before passage of senate resolution.--If, 
     before the passage by the Senate of a covered resolution, the 
     Senate receives an identical resolution from the House of 
     Representatives, the following procedures shall apply:

       (I) That resolution shall not be referred to a committee.
       (II) With respect to that resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the resolution from 
     the House of Representatives.
       (ii) Received after passage of senate resolution.--If, 
     following passage of a covered resolution in the Senate, the 
     Senate receives an identical resolution from the House of 
     Representatives, that resolution shall be placed on the 
     appropriate Senate calendar.
       (iii) No senate companion.--If a covered resolution is 
     received from the House of Representatives, and no companion 
     resolution has been introduced in the Senate, the Senate 
     procedures under this subsection shall apply to the 
     resolution from the House of Representatives.
       (C) Application to revenue measures.--The provisions of 
     this paragraph shall not apply in the House of 
     Representatives to a covered resolution that is a revenue 
     measure.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 1709. IMPLEMENTATION; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to the extent necessary to carry out this title.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     section 1706 or 1707 or any regulation, license, or order 
     issued to carry out that section shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.

     SEC. 1710. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed as an 
     authorization of military force against China.
                                 ______
                                 
  SA 1996. Mr. TOOMEY (for himself and Mr. Jones) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 of division A, add 
     the following:

     SEC. 1287. BLOCKING DEADLY FENTANYL IMPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Blocking Deadly Fentanyl Imports Act''.

[[Page S3469]]

       (b) Definitions.--Section 481(e) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2291(e)) is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``in which'';
       (B) in subparagraph (A), by inserting ``in which'' before 
     ``1,000'';
       (C) in subparagraph (B)--
       (i) by inserting ``in which'' before ``1,000''; and
       (ii) by striking ``or'' at the end;
       (D) in subparagraph (C)--
       (i) by inserting ``in which'' before ``5,000''; and
       (ii) by inserting ``or'' after the semicolon; and
       (E) by adding at the end the following:
       ``(D) that is a significant source of illicit synthetic 
     opioids significantly affecting the United States;''; and
       (2) in paragraph (4)--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(E) assistance that furthers the objectives set forth in 
     paragraphs (1) through (4) of section 664(b) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 
     2151n-2(b));
       ``(F) assistance to combat trafficking authorized under the 
     Victims of Trafficking and Violence Protection Act of 2000 
     (22 U.S.C. 7101 et seq.)); and
       ``(G) global health assistance authorized under sections 
     104 through 104C of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151b through 22 U.S.C. 2151b-4).''.
       (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 during a 5-
     year period 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 during a 5-year 
     period 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 during a 5-year period 
     in the report under subparagraph (B), (C), or (D) of 
     paragraph (2)''.
       (6) Exception to the limitation on assistance.--Section 
     706(5) of the Foreign Relations Authorization Act, Fiscal 
     Year 2003 (22 U.S.C. 2291j-1(5)) is amended--
       (A) by redesignating subparagraph (C) as subparagraph (F);
       (B) by inserting after subparagraph (B) the following:
       ``(C) Notwithstanding paragraph (3), assistance to promote 
     democracy (as described in section 481(e)(4)(E) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(E))) 
     shall be provided to countries identified in a report under 
     paragraph (1) and designated under subparagraph (B), (C), or 
     (D) of paragraph (2), to the extent such countries are 
     otherwise eligible for such assistance, regardless of whether 
     the President reports to the appropriate congressional 
     committees in accordance with such paragraph.
       ``(D) Notwithstanding paragraph (3), assistance to combat 
     trafficking (as described in section 481(e)(4)(F) of such 
     Act) shall be provided to countries identified in a report 
     under paragraph (1) and designated under subparagraph (B), 
     (C), or (D) of paragraph (2), to the extent such countries 
     are otherwise eligible for such assistance, regardless of 
     whether the President reports to the appropriate 
     congressional committees in accordance with such paragraph.
       ``(E) Notwithstanding paragraph (3), global health 
     assistance (as described in section 481(e)(4)(G) of such Act) 
     shall be provided to countries identified in a report under 
     paragraph (1) and designated under subparagraph (B), (C), or 
     (D) of paragraph (2), to the extent such countries are 
     otherwise eligible for such assistance, regardless of whether 
     the President reports to the appropriate congressional 
     committees in accordance with such paragraph''; and
       (C) in subparagraph (F), as redesignated, by striking 
     ``section clause (i) or (ii) of'' and inserting ``clause (i) 
     or (ii) of section''.
       (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 1997. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title I, add the following:

     SEC. 114. REPORT ON CH-47F CHINOOK BLOCK-II UPGRADE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of the Army, shall submit to 
     the congressional defense committees a report that includes 
     the following elements:
       (1) An analysis of the warfighting capability currently 
     delivered by the Block I and Block II configurations of H-47 
     Chinook helicopters.
       (2) An analysis of the feasibility and advisability of 
     delaying or terminating the CH-47F Chinook Block-II upgrade.
       (3) A plan to ensure that warfighter capability is not 
     negatively affected by the delay

[[Page S3470]]

     or termination of the CH-47F Chinook Block-II upgrade.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 1998. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title I, add the following:

     SEC. 114. SENSE OF CONGRESS ON LONG-TERM INVESTMENT AND 
                   SUSTAINMENT PLAN FOR A SECOND SOURCE FOR CANNON 
                   TUBE PROCUREMENT.

       It is the sense of Congress that--
       (1) there are concerns with the depth and ability of the 
     cannon tube industrial base to meet the Army's long-term 
     demand;
       (2) the current state of the supply chain risks not 
     sufficiently meeting the Army's modernization priorities; and
       (3) the Army should develop and implement a long-term 
     investment and sustainment plan for a second-source for 
     cannon tube procurement to mitigate risk to the Army and the 
     industrial base.
                                 ______
                                 
  SA 1999. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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:

                 Subtitle __--Industries of the Future

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Industries of the 
     Future Act of 2020''.

     SEC. __2. REPORT ON FEDERAL RESEARCH AND DEVELOPMENT FOCUSED 
                   ON INDUSTRIES OF THE FUTURE.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Science and Technology Policy shall submit to Congress a 
     report on research and development investments, 
     infrastructure, and workforce development investments of the 
     Federal Government that enable continued United States 
     leadership in industries of the future.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) A definition, for purposes of this Act, of the term 
     ``industries of the future'' that includes emerging 
     technologies.
       (2) An assessment of the current baseline of investments in 
     civilian research and development investments of the Federal 
     Government in the industries of the future.
       (3) A plan to double such baseline investments in 
     artificial intelligence and quantum information science by 
     fiscal year 2022.
       (4) A detailed plan to increase investments described in 
     paragraph (2) in industries of the future to $10,000,000,000 
     per year by fiscal year 2025.
       (5) A plan to leverage investments described in paragraphs 
     (2), (3), and (4) in industries of the future to elicit 
     complimentary investments by non-Federal entities to the 
     greatest extent practicable.
       (6) Proposed legislation to implement such plans.

     SEC. __3. INDUSTRIES OF THE FUTURE COORDINATION COUNCIL.

       (a) Establishment.--
       (1) In general.--The President shall establish or designate 
     a council to advise the Director of the Office of Science and 
     Technology Policy on matters relevant to the Director and the 
     industries of the future.
       (2) Designation.--The council established or designated 
     under paragraph (1) shall be known as the ``Industries of the 
     Future Coordination Council'' (in this section the 
     ``Council'').
       (b) Membership.--
       (1) Composition.--The Council shall be composed of members 
     from the Federal Government as follows:
       (A) One member appointed by the Director.
       (B) One member appointed by the Director of the Office of 
     Management and Budget.
       (C) A chairperson of the Select Committee on Artificial 
     Intelligence of the National Science and Technology Council.
       (D) A chairperson of the Subcommittee on Advanced 
     Manufacturing of the National Science and Technology Council.
       (E) A chairperson of the Subcommittee on Quantum 
     Information Science of the National Science and Technology 
     Council.
       (F) Such other members as the President considers 
     appropriate.
       (2) Chairperson.--The member appointed to the Council under 
     paragraph (1)(A) shall serve as the chairperson of the 
     Council.
       (c) Duties.--The duties of the Council are as follows:
       (1) To provide the Director with advice on ways in which in 
     the Federal Government can ensure the United States continues 
     to lead the world in developing emerging technologies that 
     improve the quality of life of the people of the United 
     States, increase economic competitiveness of the United 
     States, and strengthen the national security of the United 
     States, including identification of the following:
       (A) Investments required in fundamental research and 
     development, infrastructure, and workforce development of the 
     United States workers who will support the industries of the 
     future.
       (B) Actions necessary to create and further develop the 
     workforce that will support the industries of the future.
       (C) Actions required to leverage the strength of the 
     research and development ecosystem of the United States, 
     which includes academia, industry, and nonprofit 
     organizations.
       (D) Ways that the Federal Government can consider 
     leveraging existing partnerships and creating new 
     partnerships and other multisector collaborations to advance 
     the industries of the future.
       (2) To provide the Director with advice on matters relevant 
     to the report required by section __2.
       (d) Coordination.--The Council shall coordinate with and 
     utilize relevant existing National Science and Technology 
     Council committees to the maximum extent feasible in order to 
     minimize duplication of effort.
       (e) Sunset.--The Council shall terminate on the date that 
     is 6 years after the date of the enactment of this Act.
                                 ______
                                 
  SA 2000. Mr. WICKER (for himself and Mrs. Hyde-Smith) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 II, insert the following:

     SEC. ___. ENERGY EFFICIENCY AND BLAST FORCE PROTECTION 
                   TECHNOLOGIES.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should seek to use technological 
     innovations to increase the energy efficiency of the existing 
     buildings and structures of the Department of Defense to save 
     taxpayer dollars on energy costs and reduce impact on the 
     environment while reducing injuries and saving lives by 
     providing increased force protection.
       (b) In General.--The Secretary of Defense, acting through 
     the Under Secretary of Defense for Research and Engineering, 
     shall use the authority provided by section 2371b of title 
     10, United States Code, to support the testing and 
     development of advanced materials and technologies that can 
     increase energy efficiency at a lower cost than replacing or 
     rebuilding entire structures.
       (c) Blast Force Protection.--In carrying out activities 
     under subsection (b), the Secretary shall, to the maximum 
     extent practicable, seek to support technologies that also 
     provide increased force protection for existing structures.
                                 ______
                                 
  SA 2001. Mr. LEE (for himself, Mr. Johnson, Mr. Romney, and Mr. 
Toomey) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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:

            TITLE ___--LEADERSHIP OVER NATIONAL EMERGENCIES

     SEC. ___. SHORT TITLE.

       This title may be cited as the ``Assuring that Robust, 
     Thorough, and Informed Congressional Leadership is Exercised 
     Over National Emergencies Act'' or the ``ARTICLE ONE Act''.

     SEC. ___. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.

       Title II of the National Emergencies Act (50 U.S.C. 1621 et 
     seq.) is amended by striking sections 201 and 202 and 
     inserting the following:

     ``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

       ``(a) Authority To Declare National Emergencies.--With 
     respect to Acts of Congress authorizing the exercise, during 
     the period of a national emergency, of any special or 
     extraordinary power, the President is authorized to declare 
     such a national emergency by proclamation. Such proclamation 
     shall immediately be transmitted to Congress and published in 
     the Federal Register.
       ``(b) Specification of Provisions of Law To Be Exercised.--
     No powers or authorities made available by statute for use 
     during the period of a national emergency shall be exercised 
     unless and until the President specifies the provisions of 
     law under which the President proposes that the President or 
     other officers will act in--
       ``(1) a proclamation declaring a national emergency under 
     subsection (a); or

[[Page S3471]]

       ``(2) one or more Executive orders relating to the 
     emergency published in the Federal Register and transmitted 
     to Congress.
       ``(c) Prohibition on Subsequent Actions if Emergencies Not 
     Approved.--
       ``(1) Subsequent declarations.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     national emergency before the expiration of the 30-day period 
     described in section 202(a), or with respect to a national 
     emergency proposed to be renewed under section 202(b), the 
     President may not, during the remainder of the term of office 
     of that President, declare a subsequent national emergency 
     under subsection (a) with respect to the same circumstances.
       ``(2) Exercise of authorities.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     power or authority specified by the President in a 
     proclamation under subsection (a) or an Executive order under 
     subsection (b)(2) with respect to a national emergency, the 
     President may not, during the remainder of the term of office 
     of that President, exercise that power or authority with 
     respect to that emergency.
       ``(d) Effect of Future Laws.--No law enacted after the date 
     of the enactment of this Act shall supersede this title 
     unless it does so in specific terms, referring to this title, 
     and declaring that the new law supersedes the provisions of 
     this title.

     ``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

       ``(a) Temporary Effective Periods.--
       ``(1) In general.--A declaration of a national emergency 
     shall remain in effect for 30 days from the issuance of the 
     proclamation under section 201(a) (not counting the day on 
     which the proclamation was issued) and shall terminate when 
     that 30-day period expires unless there is enacted into law a 
     joint resolution of approval under section 203 with respect 
     to the proclamation.
       ``(2) Exercise of powers and authorities.--Any emergency 
     power or authority made available under a provision of law 
     specified pursuant to section 201(b) may be exercised 
     pursuant to a declaration of a national emergency for 30 days 
     from the issuance of the proclamation or Executive order (not 
     counting the day on which such proclamation or Executive 
     order was issued). That power or authority may not be 
     exercised after that 30-day period expires unless there is 
     enacted into law a joint resolution of approval under section 
     203 approving--
       ``(A) the proclamation of the national emergency or the 
     Executive order; and
       ``(B) the exercise of the power or authority specified by 
     the President in such proclamation or Executive order.
       ``(3) Exception if congress is unable to convene.--If 
     Congress is physically unable to convene as a result of an 
     armed attack upon the United States or another national 
     emergency, the 30-day periods described in paragraphs (1) and 
     (2) shall begin on the first day Congress convenes for the 
     first time after the attack or other emergency.
       ``(b) Renewal of National Emergencies.--A national 
     emergency declared by the President under section 201(a) or 
     previously renewed under this subsection, and not already 
     terminated pursuant to subsection (a) or (c), shall terminate 
     on the date that is one year after the President transmitted 
     to Congress the proclamation declaring the emergency or 
     Congress approved a previous renewal pursuant to this 
     subsection, unless--
       ``(1) the President publishes in the Federal Register and 
     transmits to Congress an Executive order renewing the 
     emergency; and
       ``(2) there is enacted into law a joint resolution of 
     approval renewing the emergency pursuant to section 203 
     before the termination of the emergency or previous renewal 
     of the emergency.
       ``(c) Termination of National Emergencies.--
       ``(1) In general.--Any national emergency declared by the 
     President under section 201(a) shall terminate on the 
     earliest of--
       ``(A) the date provided for in subsection (a);
       ``(B) the date provided for in subsection (b);
       ``(C) the date specified in an Act of Congress terminating 
     the emergency; or
       ``(D) the date specified in a proclamation of the President 
     terminating the emergency.
       ``(2) Effect of termination.--
       ``(A) In general.--Effective on the date of the termination 
     of a national emergency under paragraph (1)--
       ``(i) except as provided by subparagraph (B), any powers or 
     authorities exercised by reason of the emergency shall cease 
     to be exercised;
       ``(ii) any amounts reprogrammed or transferred under any 
     provision of law with respect to the emergency that remain 
     unobligated on that date shall be returned and made available 
     for the purpose for which such amounts were appropriated; and
       ``(iii) any contracts entered into under any provision of 
     law for construction relating to the emergency shall be 
     terminated.
       ``(B) Savings provision.--The termination of a national 
     emergency shall not affect--
       ``(i) any legal action taken or pending legal proceeding 
     not finally concluded or determined on the date of the 
     termination under paragraph (1);
       ``(ii) any legal action or legal proceeding based on any 
     act committed prior to that date; or
       ``(iii) any rights or duties that matured or penalties that 
     were incurred prior to that date.

     ``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

       ``(a) Joint Resolution of Approval Defined.--In this 
     section, the term `joint resolution of approval' means a 
     joint resolution that contains only the following provisions 
     after its resolving clause:
       ``(1) A provision approving--
       ``(A) a proclamation of a national emergency made under 
     section 201(a);
       ``(B) an Executive order issued under section 201(b)(2); or
       ``(C) an Executive order issued under section 202(b).
       ``(2) A provision approving a list of all or a portion of 
     the provisions of law specified by the President under 
     section 201(b) in the proclamation or Executive order that is 
     the subject of the joint resolution.
       ``(b) Procedures for Consideration of Joint Resolutions of 
     Approval.--
       ``(1) Introduction.--After the President transmits to 
     Congress a proclamation declaring a national emergency under 
     section 201(a), or an Executive order specifying emergency 
     powers or authorities under section 201(b)(2) or renewing a 
     national emergency under section 202(b), a joint resolution 
     of approval may be introduced in either House of Congress by 
     any member of that House.
       ``(2) Requests to convene congress during recesses.--If, 
     when the President transmits to Congress a proclamation 
     declaring a national emergency under section 201(a), or an 
     Executive order specifying emergency powers or authorities 
     under section 201(b)(2) or renewing a national emergency 
     under section 202(b), Congress has adjourned sine die or has 
     adjourned for any period in excess of 3 calendar days, the 
     majority leader of the Senate and the Speaker of the House of 
     Representatives, or their respective designees, acting 
     jointly after consultation with and with the concurrence of 
     the minority leader of the Senate and the minority leader of 
     the House, shall notify the Members of the Senate and House, 
     respectively, to reassemble at such place and time as they 
     may designate if, in their opinion, the public interest shall 
     warrant it.
       ``(3) Committee referral.--A joint resolution of approval 
     shall be referred in each House of Congress to the committee 
     or committees having jurisdiction over the emergency 
     authorities invoked by the proclamation or Executive order 
     that is the subject of the joint resolution.
       ``(4) Consideration in senate.--In the Senate, the 
     following shall apply:
       ``(A) Reporting and discharge.--If the committee to which a 
     joint resolution of approval has been referred has not 
     reported it at the end of 10 calendar days after its 
     introduction, that committee shall be automatically 
     discharged from further consideration of the resolution and 
     it shall be placed on the calendar.
       ``(B) Proceeding to consideration.--Notwithstanding Rule 
     XXII of the Standing Rules of the Senate, when the committee 
     to which a joint resolution of approval is referred has 
     reported the resolution, or when that committee is discharged 
     under subparagraph (A) from further consideration of the 
     resolution, it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion to proceed is subject to 4 
     hours of debate divided equally between those favoring and 
     those opposing the joint resolution of approval. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business.
       ``(C) Floor consideration.--A joint resolution of approval 
     shall be subject to 10 hours of consideration, to be divided 
     evenly between the proponents and opponents of the 
     resolution.
       ``(D) Amendments.--
       ``(i) In general.--Except as provided in clause (ii), no 
     amendments shall be in order with respect to a joint 
     resolution of approval.
       ``(ii) Amendments to strike or add specified provisions of 
     law.--Clause (i) shall not apply with respect to any 
     amendment--

       ``(I) to strike a provision or provisions of law from the 
     list required by subsection (a)(2); or
       ``(II) to add to that list a provision or provisions of law 
     specified by the President under section 201(b) in the 
     proclamation or Executive order that is the subject of the 
     joint resolution of approval.

       ``(E) Motion to reconsider final vote.--A motion to 
     reconsider a vote on passage of a joint resolution of 
     approval shall not be in order.
       ``(F) Appeals.--Points of order, including questions of 
     relevancy, and appeals from the decision of the Presiding 
     Officer, shall be decided without debate.
       ``(5) Consideration in house of representatives.--In the 
     House of Representatives, if any committee to which a joint 
     resolution of approval has been referred has not reported it 
     to the House at the end of 10 calendar days after its 
     introduction, such committee shall be discharged from further 
     consideration of the joint resolution, and it shall be placed 
     on the appropriate calendar. On Thursdays it shall be in 
     order at any time for the Speaker to recognize a Member who 
     favors passage of a joint resolution that has appeared on the 
     calendar for at least 3 calendar days to call up that joint 
     resolution for immediate consideration in the House without 
     intervention of any point of order. When so called up a joint 
     resolution shall be considered as read

[[Page S3472]]

     and shall be debatable for 1 hour equally divided and 
     controlled by the proponent and an opponent, and the previous 
     question shall be considered as ordered to its passage 
     without intervening motion. It shall not be in order to 
     reconsider the vote on passage. If a vote on final passage of 
     the joint resolution has not been taken on or before the 
     close of the tenth calendar day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution, such 
     vote shall be taken on that day.
       ``(6) Receipt of resolution from other house.--If, before 
     passing a joint resolution of approval, one House receives 
     from the other a joint resolution of approval from the other 
     House, then--
       ``(A) the joint resolution of the other House shall not be 
     referred to a committee and shall be deemed to have been 
     discharged from committee on the day it is received; and
       ``(B) the procedures set forth in paragraphs (3), (4), and 
     (5), as applicable, shall apply in the receiving House to the 
     joint resolution received from the other House to the same 
     extent as such procedures apply to a joint resolution of the 
     receiving House.
       ``(c) Rule of Construction.--The enactment of a joint 
     resolution of approval under this section shall not be 
     interpreted to serve as a grant or modification by Congress 
     of statutory authority for the emergency powers of the 
     President.
       ``(d) Rules of the House and Senate.--This section is 
     enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in the House in the case of joint resolutions 
     described in this section, and supersedes other rules only to 
     the extent that it is inconsistent with such other rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     ``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES 
                   INVOKING INTERNATIONAL EMERGENCY ECONOMIC 
                   POWERS ACT.

       ``(a) In General.--In the case of a national emergency 
     described in subsection (b), the provisions of this Act, as 
     in effect on the day before the date of the enactment of the 
     Assuring that Robust, Thorough, and Informed Congressional 
     Leadership is Exercised Over National Emergencies Act, shall 
     continue to apply on and after such date of enactment.
       ``(b) National Emergency Described.--
       ``(1) In general.--A national emergency described in this 
     subsection is a national emergency pursuant to which the 
     President proposes to exercise emergency powers or 
     authorities made available under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.), supplemented as 
     necessary by a provision of law specified in paragraph (2).
       ``(2) Provisions of law specified.--The provisions of law 
     specified in this paragraph are--
       ``(A) the United Nations Participation Act of 1945 (22 
     U.S.C. 287 et seq.);
       ``(B) section 212(f) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(f)); or
       ``(C) any provision of law that authorizes the 
     implementation, imposition, or enforcement of economic 
     sanctions with respect to a foreign country.
       ``(c) Effect of Additional Powers and Authorities.--
     Subsection (a) shall not apply to a national emergency or the 
     exercise of emergency powers and authorities pursuant to the 
     national emergency if, in addition to the exercise of 
     emergency powers and authorities described in subsection (b), 
     the President proposes to exercise, pursuant to the national 
     emergency, any emergency powers and authorities under any 
     other provision of law.''.

     SEC. ___. REPORTING REQUIREMENTS.

       Section 401 of the National Emergencies Act (50 U.S.C. 
     1641) is amended by adding at the end the following:
       ``(d) Report on Emergencies.--The President shall transmit 
     to Congress, with any proclamation declaring a national 
     emergency under section 201(a) or any Executive order 
     specifying emergency powers or authorities under section 
     201(b)(2) or renewing a national emergency under section 
     202(b), a report, in writing, that includes the following:
       ``(1) A description of the circumstances necessitating the 
     declaration of a national emergency, the renewal of such an 
     emergency, or the use of a new emergency authority specified 
     in the Executive order, as the case may be.
       ``(2) The estimated duration of the national emergency, or 
     a statement that the duration of the national emergency 
     cannot reasonably be estimated at the time of transmission of 
     the report.
       ``(3) A summary of the actions the President or other 
     officers intend to take, including any reprogramming or 
     transfer of funds, and the statutory authorities the 
     President and such officers expect to rely on in addressing 
     the national emergency.
       ``(4) In the case of a renewal of a national emergency, a 
     summary of the actions the President or other officers have 
     taken in the preceding one-year period, including any 
     reprogramming or transfer of funds, to address the emergency.
       ``(e) Provision of Information to Congress.--The President 
     shall provide to Congress such other information as Congress 
     may request in connection with any national emergency in 
     effect under title II.
       ``(f) Periodic Reports on Status of Emergencies.--If the 
     President declares a national emergency under section 201(a), 
     the President shall, not less frequently than every 6 months 
     for the duration of the emergency, report to Congress on the 
     status of the emergency and the actions the President or 
     other officers have taken and authorities the President and 
     such officers have relied on in addressing the emergency.''.

     SEC. ___. 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 imported from a 
     country from entering the United States.''.

     SEC. ___. CONFORMING AMENDMENTS.

       (a) National Emergencies Act.--Title III of the National 
     Emergencies Act (50 U.S.C. 1631) is repealed.
       (b) International Emergency Economic Powers Act.--Section 
     207 of the International Emergency Economic Powers Act (50 
     U.S.C. 1706) is amended--
       (1) in subsection (b), by striking ``concurrent 
     resolution'' and inserting ``joint resolution''; and
       (2) by adding at the end the following:
       ``(e) In this section, the term `National Emergencies Act' 
     means the National Emergencies Act, as in effect on the day 
     before the date of the enactment of the Assuring that Robust, 
     Thorough, and Informed Congressional Leadership is Exercised 
     Over National Emergencies Act.''.

     SEC. ___. EFFECTIVE DATE; APPLICABILITY.

       (a) In General.--This title and the amendments made by this 
     title shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) except as provided in subsection (b), apply with 
     respect to national emergencies declared under section 201 of 
     the National Emergencies Act on or after that date.
       (b) Applicability to Renewals of Existing Emergencies.--
     When a national emergency declared under section 201 of the 
     National Emergencies Act before the date of the enactment of 
     this Act would expire or be renewed under section 202(d) of 
     that Act (as in effect on the day before such date of 
     enactment), that national emergency shall be subject to the 
     requirements for renewal under section 202(b) of that Act, as 
     amended by section ___.
                                 ______
                                 
  SA 2002. Mr. LEE (for himself and Mr. Romney) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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. ____. LIMITATION ON THE EXTENSION OR ESTABLISHMENT OF 
                   NATIONAL MONUMENTS IN THE STATE OF UTAH.

       Section 320301(d) of title 54, United States Code, is 
     amended--
       (1) in the heading, by striking ``Wyoming'' and inserting 
     ``the State of Wyoming or Utah''; and
       (2) by striking ``Wyoming'' and inserting ``the State of 
     Wyoming or Utah''.
                                 ______
                                 
  SA 2003. Mr. LEE (for himself, Mrs. Feinstein, Mr. Cruz, and Ms. 
Collins) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. DUE PROCESS GUARANTEE.

       (a) Short Title.--This section may be cited as the ``Due 
     Process Guarantee Act''.
       (b) Prohibition on the Indefinite Detention of Citizens and 
     Lawful Permanent Residents.--
       (1) Limitation on detention.--
       (A) In general.--Section 4001(a) of title 18, United States 
     Code, is amended--

[[Page S3473]]

       (i) by striking ``No citizen'' and inserting the following:
       ``(1) No citizen or lawful permanent resident of the United 
     States''; and
       (ii) by adding at the end the following:
       ``(2) Any Act of Congress that authorizes an imprisonment 
     or detention described in paragraph (1) shall be consistent 
     with the Constitution and expressly authorize such 
     imprisonment or detention.''.
       (B) Applicability.--Nothing in section 4001(a)(2) of title 
     18, United States Code, as added by subparagraph (A)(ii), may 
     be construed to limit, narrow, abolish, or revoke any 
     detention authority conferred by statute, declaration of war, 
     authorization to use military force, or similar authority 
     effective prior to the date of the enactment of this Act.
       (2) Relationship to an authorization to use military force, 
     declaration of war, or similar authority.--Section 4001 of 
     title 18, United States Code, as amended by paragraph (1) is 
     further amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following:
       ``(b)(1) No United States citizen or lawful permanent 
     resident who is apprehended in the United States may be 
     imprisoned or otherwise detained without charge or trial 
     unless such imprisonment or detention is expressly authorized 
     by an Act of Congress.
       ``(2) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, may 
     not be construed to authorize the imprisonment or detention 
     without charge or trial of a citizen or lawful permanent 
     resident of the United States apprehended in the United 
     States.
       ``(3) Paragraph (2) shall apply to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the Due Process Guarantee Act.
       ``(4) This section may not be construed to authorize the 
     imprisonment or detention of a citizen of the United States, 
     a lawful permanent resident of the United States, or any 
     other person who is apprehended in the United States.''.
                                 ______
                                 
  SA 2004. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. CONSTRUCTION OF NAVAL VESSELS IN SHIPYARDS IN NORTH 
                   ATLANTIC TREATY ORGANIZATION COUNTRIES.

       Section 8679 of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``subsection (b)'' and 
     inserting ``subsections (b) and (c)'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Construction of Naval Vessels in Shipyards in NATO 
     Countries.--The Secretary of the Navy may construct a naval 
     vessel in a foreign shipyard if--
       ``(1) the shipyard is located within the boundaries of a 
     member country of the North Atlantic Treaty Organization; and
       ``(2) the cost of construction of such vessel in such 
     shipyard will be less than the cost of construction of such 
     vessel in a domestic shipyard.''.
                                 ______
                                 
  SA 2005. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

             Subtitle __--Military Humanitarian Operations

     SEC. ___. SHORT TITLE.

       This subtitle may be cited as the ``Military Humanitarian 
     Operations Act of 2020''.

     SEC. ___. MILITARY HUMANITARIAN OPERATION DEFINED.

       (a) In General.--In this subtitle, the term ``military 
     humanitarian operation'' means a military operation involving 
     the deployment of members or weapons systems of the United 
     States Armed Forces where hostile activities are reasonably 
     anticipated and with the aim of preventing or responding to a 
     humanitarian catastrophe, including its regional 
     consequences, or addressing a threat posed to international 
     peace and security. The term includes--
       (1) operations undertaken pursuant to the principle of the 
     ``responsibility to protect'' as referenced in United Nations 
     Security Council Resolution 1674 (2006);
       (2) operations specifically authorized by the United 
     Nations Security Council, or other international 
     organizations; and
       (3) unilateral deployments and deployments made in 
     coordination with international organizations, treaty-based 
     organizations, or coalitions formed to address specific 
     humanitarian catastrophes.
       (b) Operations Not Included.--The term ``military 
     humanitarian operation'' does not mean a military operation 
     undertaken for the following purposes:
       (1) Responding to or repelling attacks, or preventing 
     imminent attacks, on the United States or any of its 
     territorial possessions, embassies, or consulates, or members 
     of the United States Armed Forces.
       (2) Direct acts of reprisal for attacks on the United 
     States or any of its territorial possessions, embassies, or 
     consulates, or members of the United States Armed Forces.
       (3) Invoking the inherent right to individual or collective 
     self-defense in accordance with Article 51 of the Charter of 
     the United Nations.
       (4) Military missions to rescue United States citizens or 
     military or diplomatic personnel abroad.
       (5) Humanitarian missions in response to natural disasters 
     where no civil unrest or combat with hostile forces is 
     reasonably anticipated, and where such operation is for not 
     more than 30 days.
       (6) Actions to maintain maritime freedom of navigation, 
     including actions aimed at combating piracy.
       (7) Training exercises conducted by the United States Armed 
     Forces abroad where no combat with hostile forces is 
     reasonably anticipated.

     SEC. ___. REQUIREMENT FOR CONGRESSIONAL AUTHORIZATION.

       The President may not deploy members of the United States 
     Armed Forces into the territory, airspace, or waters of a 
     foreign country for a military humanitarian operation not 
     previously authorized by statute unless--
       (1) the President submits to Congress a formal request for 
     authorization to use members of the Armed Forces for the 
     military humanitarian operation; and
       (2) Congress enacts a specific authorization for such use 
     of forces.

     SEC. ___. SEVERABILITY.

       If any provision of this subtitle is held to be 
     unconstitutional, the remainder of the subtitle shall not be 
     affected.
                                 ______
                                 
  SA 2006. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1287. IMPROVED COORDINATION OF UNITED STATES SANCTIONS 
                   POLICY.

       (a) Office of Sanctions Coordination of the Department of 
     State.--
       (1) In general.--Section 1 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
       (A) by redesignating subsection (g) as subsection (h); and
       (B) by inserting after subsection (f) the following:
       ``(g) Office of Sanctions Coordination.--
       ``(1) In general.--There is established, within the 
     Department of State, an Office of Sanctions Coordination (in 
     this subsection referred to as the `Office').
       ``(2) Head.--The head of the Office shall--
       ``(A) have the rank and status of ambassador;
       ``(B) be appointed by the President, by and with the advice 
     and consent of the Senate; and
       ``(C) report directly to the Secretary.
       ``(3) Duties.--The head of the Office shall--
       ``(A) exercise sanctions authorities delegated to the 
     Secretary;
       ``(B) serve as the principal advisor to the senior 
     management of the Department and the Secretary regarding the 
     development and implementation of sanctions policy;
       ``(C) represent the United States in diplomatic engagement 
     on sanctions matters;
       ``(D) consult and closely coordinate with allies and 
     partners of the United States, including the United Kingdom, 
     the European Union and member countries of the European 
     Union, Canada, Australia, New Zealand, Japan, and South 
     Korea, to ensure the maximum effectiveness of sanctions 
     imposed by the United States and such allies and partners;
       ``(E) serve as the coordinator for the development and 
     implementation of sanctions policy with respect to all 
     activities, policies, and programs of all bureaus and offices 
     of the Department relating to the development and 
     implementation of sanctions policy; and
       ``(F) serve as the principal liaison of the Department to 
     other Federal agencies involved in the development and 
     implementation of sanctions policy.
       ``(4) Direct hire authority.--The head of the Office may 
     appoint, without regard to the provisions of sections 3309 
     through 3318 of title 5, United States Code, candidates 
     directly to positions in the competitive service, as defined 
     in section 2102 of that title, in the Office.''.
       (2) Briefing required.--Not later than 60 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter until the date that is 2 years after such date of 
     enactment, the Secretary of State shall brief the

[[Page S3474]]

     appropriate congressional committees on the efforts of the 
     Department of State to establish the Office of Sanctions 
     Coordination pursuant to section 1(g) of the State Department 
     Basic Authorities Act of 1956, as amended by paragraph (1), 
     including a description of--
       (A) measures taken to implement the requirements of that 
     section and to establish the Office;
       (B) actions taken by the Office to carry out the duties 
     listed in paragraph (3) of that section;
       (C) the resources devoted to the Office, including the 
     number of employees working in the Office; and
       (D) plans for the use of the direct hire authority provided 
     under paragraph (4) of that section.
       (b) Coordination With Allies and Partners of the United 
     States.--
       (1) In general.--The Secretary of State shall develop and 
     implement mechanisms and programs, as appropriate, through 
     the head of the Office of Sanctions Coordination established 
     pursuant to section 1(g) of the State Department Basic 
     Authorities Act of 1956, as amended by subsection (a)(1), to 
     coordinate the development and implementation of United 
     States sanctions policies with allies and partners of the 
     United States, including the United Kingdom, the European 
     Union and member countries of the European Union, Canada, 
     Australia, New Zealand, Japan, and South Korea.
       (2) Information sharing.--The Secretary should pursue the 
     development and implementation of mechanisms and programs 
     under paragraph (1), as appropriate, that involve the sharing 
     of information with respect to policy development and 
     sanctions implementation.
       (3) Capacity building.--The Secretary should pursue 
     efforts, in coordination with the Secretary of the Treasury 
     and the head of any other agency the Secretary considers 
     appropriate, to assist allies and partners of the United 
     States, including the countries specified in paragraph (1), 
     as appropriate, in the development of their legal and 
     technical capacities to develop and implement sanctions 
     authorities.
       (4) Exchange programs.--In furtherance of the efforts 
     described in paragraph (3), the Secretary, in coordination 
     with the Secretary of the Treasury and the head of any other 
     agency the Secretary considers appropriate, may enter into 
     agreements with counterpart agencies in foreign governments 
     establishing exchange programs for the temporary detail of 
     government employees to share information and expertise with 
     respect to the development and implementation of sanctions 
     authorities.
       (5) Briefing required.--Not later than 90 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter until the date that is 5 years after such date of 
     enactment, the Secretary of State shall brief the appropriate 
     congressional committees on the efforts of the Department of 
     State to implement this section, including a description of--
       (A) measures taken to implement paragraph (1);
       (B) actions taken pursuant to paragraphs (2) through (4);
       (C) the extent of coordination between the United States 
     and allies and partners of the United States, including the 
     countries specified in paragraph (1), with respect to the 
     development and implementation of sanctions policy; and
       (D) obstacles preventing closer coordination between the 
     United States and such allies and partners with respect to 
     the development and implementation of sanctions policy.
       (c) Sense of Congress.--It is the sense of the Congress 
     that the President should appoint a coordinator for sanctions 
     and national economic security issues within the framework of 
     the National Security Council.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
                                 ______
                                 
  SA 2007. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. 894. APPLICABILITY OF REPORTING REQUIREMENT RELATED TO 
                   NOTIONAL MILESTONES AND STANDARD TIMELINES FOR 
                   FOREIGN MILITARY SALES.

       Section 887 of the National Defense Authorization Act for 
     Fiscal Year 2018 (Public Law 115 -91; 22 U.S.C. 2761 note) is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Applicability.--The reporting requirements under this 
     section apply only to foreign military sales processes within 
     the Department of Defense.''.
                                 ______
                                 
  SA 2008. Mr. RISCH (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 section 172, add the following:

       (b) Imposition of CAATSA Section 231 Sanctions Against 
     Turkey.--
       (1) Treatment of purchase of s-400 air and missile defense 
     system as sanctionable transaction.--For the purposes of 
     section 231 of the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9525), Turkey's acquisition of the 
     S-400 air defense system from the Russian Federation 
     beginning July 12, 2019, shall be considered to be a 
     significant transaction described in that section.
       (2) Imposition of sanctions.--Not later than 30 days after 
     the date of the enactment of this Act, the President shall, 
     in accordance with section 231 of the Countering America's 
     Adversaries Through Sanctions Act (22 U.S.C. 9525), impose 5 
     or more of the sanctions described in section 235 of that Act 
     (22 U.S.C. 9529) with respect to each person that knowingly 
     engaged in the acquisition of the S-400 air defense system 
     from the Russian Federation referred to in paragraph (1).
                                 ______
                                 
  SA 2009. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 650, strike lines 7 through 13 and insert the 
     following:

       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.

       On page 653, between lines 7 and 8, insert the following:
       (D) Secretary of state concurrence.--
       (i) In general.--The vetting procedures established 
     pursuant to subparagraph (A) shall require the vetting to be 
     conducted with the concurrence of the Secretary of State, 
     including subsequent vetting for admitted covered individuals 
     who are being subjected to continuous review--

       (I) to determine if their access should continue to be 
     authorized; and
       (II) to help inform whether visas should be revoked or the 
     individuals should be removed.

       (ii) State department programs.--If a foreign military 
     student will be present on a base or installation while 
     participating in a program under the jurisdiction of the 
     Department of State, the vetting and continuous review 
     required under subparagraph (A) of covered individuals 
     associated with such programs shall be conducted with the 
     concurrence of the Secretary of State.
       (iii) Continuous review.--Continuous review under 
     subparagraph (A)(ii) of all covered individuals initially 
     admitted to, and present at, facilities described in clause 
     (ii) for any programs under this section shall be conducted 
     with the concurrence of the Secretary of State.
       (iv) Derogatory information.--The Secretary of State 
     shall--

       (I) review any derogatory information acquired after 
     initial entry of covered individuals described in clause 
     (iii) to assess whether such information constitutes a ground 
     for visa revocation and removal; and
       (II) after completing the review described in subclause 
     (I), take immediate appropriate action if the Secretary 
     determines that visa revocation and removal is warranted.

                                 ______
                                 
  SA 2010. Mr. TILLIS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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:


[[Page S3475]]


  


     SEC. 1287. DEFINITION OF CRITICAL TECHNOLOGIES FOR PURPOSES 
                   OF REVIEWS BY THE COMMITTEE ON FOREIGN 
                   INVESTMENT IN THE UNITED STATES.

       Section 721(a)(6)(A)(vi) of the Defense Production Act of 
     1950 (50 U.S.C. 4565(a)(6)(A)(vi)) is amended--
       (1) by striking ``technologies controlled'' and inserting 
     the following: ``technologies--

       ``(I) controlled'';

       (2) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:

       ``(II) identified by not fewer than 2 members of the 
     Committee as essential to the national security of the United 
     States.''.

                                 ______
                                 
  SA 2011. Mr. PAUL (for himself and Mr. Udall) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle B of title XII, add the following:

     SEC. 1216. WITHDRAWAL OF UNITED STATES ARMED FORCES FROM 
                   AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) The Joint Resolution to authorize the use of United 
     States Armed Forces against those responsible for the attacks 
     launched against the United States (Public Law 107-40) 
     states, ``That the President is authorized to use all 
     necessary and appropriate force against those nations, 
     organizations, or persons he determines planned, authorized, 
     committed, or aided the terrorist attacks that occurred on 
     September 11, 2001''.
       (2) Since 2001, more than 3,002,635 men and women of the 
     United States Armed Forces have deployed in support of the 
     Global War on Terrorism, with more than 1,400,000 of them 
     deploying more than once, and these Americans who volunteered 
     in a time of war have served their country honorably and with 
     distinction.
       (3) In November 2009 there were fewer than 100 Al-Qaeda 
     members remaining in Afghanistan.
       (4) On May 2, 2011, Osama Bin Laden, the founder of Al-
     Qaeda, was killed by United States Armed Forces in Pakistan.
       (5) United States Armed Forces have successfully routed Al-
     Qaeda from the battlefield in Afghanistan, thus fulfilling 
     the original intent of Public Law 107-40 and the 
     justification for the invasion of Afghanistan, but public 
     support for United States continued presence in Afghanistan 
     has waned in recent years.
       (6) An October 2018 poll found that 57 percent of 
     Americans, including 69 percent of United States veterans, 
     believe that all United States troops should be removed from 
     Afghanistan.
       (7) In June 2018, the Department of Defense reported, ``The 
     al-Qa'ida threat to the United States and its allies and 
     partners has decreased and the few remaining al-Qa'ida core 
     members are focused on their own survival''.
       (b) Plan Required.--Not later than 45 days after the date 
     of the enactment of this Act, the Secretary of Defense, or 
     designee, in cooperation with the heads of all other relevant 
     Federal agencies involved in the conflict in Afghanistan 
     shall--
       (1)(A) formulate a plan for the orderly drawdown and 
     withdrawal of all soldiers, sailors, airmen, and Marines from 
     Afghanistan who were involved in operations intended to 
     provide security to the people of Afghanistan, including 
     policing action, or military actions against paramilitary 
     organizations inside Afghanistan, excluding members of the 
     military assigned to support United States embassies or 
     consulates, or intelligence operations authorized by 
     Congress; and
       (B) appear before the relevant congressional committees to 
     explain the proposed implementation of the plan formulated 
     under subparagraph (A); and
       (2)(A) formulate a framework for political reconciliation 
     and popular democratic elections independent of United States 
     involvement in Afghanistan, which may be used by the 
     Government of Afghanistan to ensure that any political party 
     that meets the requirements under Article 35 of the 
     Constitution of Afghanistan is permitted to participate in 
     general elections; and
       (B) appear before the relevant congressional committees to 
     explain the proposed implementation of the framework 
     formulated under subparagraph (A).
       (c) Removal and Bonuses.--Not later than 1 year after the 
     date of the enactment of this Act--
       (1) all United States Armed Forces in Afghanistan as of 
     such date of enactment shall be withdrawn and removed from 
     Afghanistan; and
       (2) the Secretary of Defense shall provide all members of 
     the United States Armed Forces who were deployed in support 
     of the Global War on Terror with a $2,500 bonus to recognize 
     that these Americans have served in the Global War On 
     Terrorism exclusively on a volunteer basis and to demonstrate 
     the heartfelt gratitude of our Nation.
       (d) Repeal of Authorization for Use of Military Force.--The 
     Authorization for Use of Military Force (Public Law 107-40) 
     is repealed effective on the earlier of--
       (1) the date that is 395 days after the date of the 
     enactment of this Act: or
       (2) the date on which the Secretary of Defense certifies 
     that all United States Armed Forces involved in operations or 
     military actions in Afghanistan (as described in subsection 
     (b)(1)(A)) have departed from Afghanistan.
                                 ______
                                 
  SA 2012. Ms. MURKOWSKI (for herself, Mr. Booker, Mr. Tillis, Mr. 
Manchin, Mr. Jones, Ms. McSally, Mrs. Blackburn, Mrs. Hyde-Smith, Mr. 
Risch, Mr. Crapo, Mr. Whitehouse, Mr. Coons, Mr. Portman, Mr. Cramer, 
Mr. Cardin, and Ms. Duckworth) submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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:

                 TITLE ____--NUCLEAR ENERGY LEADERSHIP

     SEC. __01. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT 
                   GOALS.

       (a) In General.--Subtitle E of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND 
                   DEVELOPMENT GOALS.

       ``(a) Definitions.--In this section:
       ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
     reactor' means--
       ``(A) a nuclear fission reactor, including a prototype 
     plant (as defined in sections 50.2 and 52.1 of title 10, Code 
     of Federal Regulations (or successor regulations)), with 
     significant improvements compared to the most recent 
     generation of fission reactors, including improvements such 
     as--
       ``(i) additional inherent safety features;
       ``(ii) lower waste yields;
       ``(iii) improved fuel performance;
       ``(iv) increased tolerance to loss of fuel cooling;
       ``(v) enhanced reliability;
       ``(vi) increased proliferation resistance;
       ``(vii) increased thermal efficiency;
       ``(viii) reduced consumption of cooling water;
       ``(ix) the ability to integrate into electric applications 
     and nonelectric applications;
       ``(x) modular sizes to allow for deployment that 
     corresponds with the demand for electricity; or
       ``(xi) operational flexibility to respond to changes in 
     demand for electricity and to complement integration with 
     intermittent renewable energy; and
       ``(B) a fusion reactor.
       ``(2) Demonstration project.--The term `demonstration 
     project' means an advanced nuclear reactor operated in any 
     manner, including as part of the power generation facilities 
     of an electric utility system, for the purpose of 
     demonstrating the suitability for commercial application of 
     the advanced nuclear reactor.
       ``(b) Purpose.--The purpose of this section is to direct 
     the Secretary, as soon as practicable after the date of 
     enactment of this section, to advance the research and 
     development of domestic advanced, affordable, and clean 
     nuclear energy by--
       ``(1) demonstrating different advanced nuclear reactor 
     technologies that could be used by the private sector to 
     produce--
       ``(A) emission-free power at a levelized cost of 
     electricity of $60 per megawatt-hour or less;
       ``(B) heat for community heating, industrial purposes, or 
     synthetic fuel production;
       ``(C) remote or off-grid energy supply; or
       ``(D) backup or mission-critical power supplies;
       ``(2) developing subgoals for nuclear energy research 
     programs that would accomplish the goals of the demonstration 
     projects carried out under subsection (c);
       ``(3) identifying research areas that the private sector is 
     unable or unwilling to undertake due to the cost of, or risks 
     associated with, the research; and
       ``(4) facilitating the access of the private sector--
       ``(A) to Federal research facilities and personnel; and
       ``(B) to the results of research relating to civil nuclear 
     technology funded by the Federal Government.
       ``(c) Demonstration Projects.--
       ``(1) In general.--The Secretary shall, to the maximum 
     extent practicable--
       ``(A) enter into agreements to complete not fewer than 2 
     demonstration projects by not later than December 31, 2025; 
     and
       ``(B) establish a program to enter into agreements to 
     complete 1 additional operational demonstration project by 
     not later than December 31, 2035.
       ``(2) Requirements.--In carrying out demonstration projects 
     under paragraph (1), the Secretary shall--
       ``(A) include diversity in designs for the advanced nuclear 
     reactors demonstrated under this section, including designs 
     using various--
       ``(i) primary coolants;
       ``(ii) fuel types and compositions; and

[[Page S3476]]

       ``(iii) neutron spectra;
       ``(B) seek to ensure that--
       ``(i) the long-term cost of electricity or heat for each 
     design to be demonstrated under this subsection is cost-
     competitive in the applicable market;
       ``(ii) the selected projects can meet the deadline 
     established in paragraph (1) to demonstrate first-of-a-kind 
     advanced nuclear reactor technologies, for which additional 
     information shall be considered, including--

       ``(I) the technology readiness level of a proposed advanced 
     nuclear reactor technology;
       ``(II) the technical abilities and qualifications of teams 
     desiring to demonstrate a proposed advanced nuclear reactor 
     technology; and
       ``(III) the capacity to meet cost-share requirements of the 
     Department;

       ``(C) ensure that each evaluation of candidate technologies 
     for the demonstration projects is completed through an 
     external review of proposed designs, which review shall--
       ``(i) be conducted by a panel that includes not fewer than 
     1 representative of each of--

       ``(I) an electric utility; and
       ``(II) an entity that uses high-temperature process heat 
     for manufacturing or industrial processing, such as a 
     petrochemical company, a manufacturer of metals, or a 
     manufacturer of concrete;

       ``(ii) include a review of cost-competitiveness and other 
     value streams, together with the technology readiness level, 
     of each design to be demonstrated under this subsection; and
       ``(iii) not be required for a demonstration project that 
     receives no financial assistance from the Department for 
     construction costs;
       ``(D) for federally funded demonstration projects, enter 
     into cost-sharing agreements with private sector partners in 
     accordance with section 988 for the conduct of activities 
     relating to the research, development, and demonstration of 
     private-sector advanced nuclear reactor designs under the 
     program;
       ``(E) work with private sector partners to identify 
     potential sites, including Department-owned sites, for 
     demonstrations, as appropriate;
       ``(F) align specific activities carried out under 
     demonstration projects carried out under this subsection with 
     priorities identified through direct consultations between--
       ``(i) the Department;
       ``(ii) National Laboratories;
       ``(iii) institutions of higher education;
       ``(iv) traditional end-users (such as electric utilities);
       ``(v) potential end-users of new technologies (such as 
     users of high-temperature process heat for manufacturing 
     processing, including petrochemical companies, manufacturers 
     of metals, or manufacturers of concrete); and
       ``(vi) developers of advanced nuclear reactor technology; 
     and
       ``(G) seek to ensure that the demonstration projects 
     carried out under paragraph (1) do not cause any delay in a 
     deployment of an advanced reactor by private industry and the 
     Department that is underway as of the date of enactment of 
     this section.
       ``(3) Additional requirements.--In carrying out 
     demonstration projects under paragraph (1), the Secretary 
     shall--
       ``(A) identify candidate technologies that--
       ``(i) are not developed sufficiently for demonstration 
     within the initial required timeframe described in paragraph 
     (1)(A); but
       ``(ii) could be demonstrated within the timeframe described 
     in paragraph (1)(B);
       ``(B) identify technical challenges to the candidate 
     technologies identified in subparagraph (A);
       ``(C) support near-term research and development to address 
     the highest-risk technical challenges to the successful 
     demonstration of a selected advanced reactor technology, in 
     accordance with--
       ``(i) subparagraph (B); and
       ``(ii) the research and development activities under 
     sections 952 and 958;
       ``(D) establish such technology advisory working groups as 
     the Secretary determines to be appropriate to advise the 
     Secretary regarding the technical challenges identified under 
     subparagraph (B) and the scope of research and development 
     programs to address the challenges, in accordance with 
     subparagraph (C), to be comprised of--
       ``(i) private-sector advanced nuclear reactor technology 
     developers;
       ``(ii) technical experts with respect to the relevant 
     technologies at institutions of higher education; and
       ``(iii) technical experts at the National Laboratories.
       ``(d) Goals.--
       ``(1) In general.--The Secretary shall establish goals for 
     research relating to advanced nuclear reactors facilitated by 
     the Department that support the objectives of the program for 
     demonstration projects established under subsection (c).
       ``(2) Coordination.--In developing the goals under 
     paragraph (1), the Secretary shall coordinate, on an ongoing 
     basis, with members of private industry to advance the 
     demonstration of various designs of advanced nuclear 
     reactors.
       ``(3) Requirements.--In developing the goals under 
     paragraph (1), the Secretary shall ensure that--
       ``(A) research activities facilitated by the Department to 
     meet the goals developed under this subsection are focused on 
     key areas of nuclear research and deployment ranging from 
     basic science to full-design development, safety evaluation, 
     and licensing;
       ``(B) research programs designed to meet the goals 
     emphasize--
       ``(i) resolving materials challenges relating to extreme 
     environments, including extremely high levels of--

       ``(I) radiation fluence;
       ``(II) temperature;
       ``(III) pressure; and
       ``(IV) corrosion; and

       ``(ii) qualification of advanced fuels;
       ``(C) activities are carried out that address near-term 
     challenges in modeling and simulation to enable accelerated 
     design and licensing;
       ``(D) related technologies, such as technologies to manage, 
     reduce, or reuse nuclear waste, are developed;
       ``(E) nuclear research infrastructure is maintained or 
     constructed, such as--
       ``(i) currently operational research reactors at the 
     National Laboratories and institutions of higher education;
       ``(ii) hot cell research facilities;
       ``(iii) a versatile fast neutron source; and
       ``(iv) a molten salt testing facility;
       ``(F) basic knowledge of non-light water coolant physics 
     and chemistry is improved;
       ``(G) advanced sensors and control systems are developed; 
     and
       ``(H) advanced manufacturing and advanced construction 
     techniques and materials are investigated to reduce the cost 
     of advanced nuclear reactors.''.
       (b) Table of Contents.--The table of contents of the Energy 
     Policy Act of 2005 (Public Law 109-58; 119 Stat. 594; 132 
     Stat. 3160) is amended--
       (1) in the item relating to section 917, by striking 
     ``Efficiency'';
       (2) in the items relating to each of sections 957, 958, and 
     959 by inserting ``Sec.'' before the item number; and
       (3) by inserting after the item relating to section 959 the 
     following:

``Sec. 959A. Advanced nuclear reactor research and development 
              goals.''.

     SEC. __02. NUCLEAR ENERGY STRATEGIC PLAN.

       (a) In General.--Subtitle E of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by 
     [section __01(a)]) is amended by adding at the end the 
     following:

     ``SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committees on Energy and Commerce and Science, Space, 
     and Technology of the House of Representatives a 10-year 
     strategic plan for the Office of Nuclear Energy of the 
     Department, in accordance with this section.
       ``(b) Requirements.--
       ``(1) Components.--The strategic plan under this section 
     shall designate--
       ``(A) programs that support the planned accomplishment of--
       ``(i) the goals established under section 959A; and
       ``(ii) the demonstration programs identified under 
     subsection (c) of that section; and
       ``(B) programs that--
       ``(i) do not support the planned accomplishment of 
     demonstration programs, or the goals, referred to in 
     subparagraph (A); but
       ``(ii) are important to the mission of the Office of 
     Nuclear Energy, as determined by the Secretary.
       ``(2) Program planning.--In developing the strategic plan 
     under this section, the Secretary shall specify expected 
     timelines for, as applicable--
       ``(A) the accomplishment of relevant objectives under 
     current programs of the Department; or
       ``(B) the commencement of new programs to accomplish those 
     objectives.
       ``(c) Updates.--Not less frequently than once every 2 
     years, the Secretary shall submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committees on 
     Energy and Commerce and Science, Space, and Technology of the 
     House of Representatives an updated 10-year strategic plan in 
     accordance with subsection (b), which shall identify, and 
     provide a justification for, any major deviation from a 
     previous strategic plan submitted under this section.''.
       (b) Table of Contents.--The table of contents of the Energy 
     Policy Act of 2005 (Public Law 109-58; 119 Stat. 594; 132 
     Stat. 3160) (as amended by [section __01(b)(3)]) is amended 
     by inserting after the item relating to section 959A the 
     following:

``Sec. 959B. Nuclear energy strategic plan.''.

     SEC. __03. VERSATILE, REACTOR-BASED FAST NEUTRON SOURCE.

       Section 955(c)(1) of the Energy Policy Act of 2005 (42 
     U.S.C. 16275(c)(1)) is amended--
       (1) in the paragraph heading, by striking ``Mission need'' 
     and inserting ``Authorization''; and
       (2) in subparagraph (A), by striking ``determine the 
     mission need'' and inserting ``provide''.

     SEC. __04. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.

       (a) In General.--Subtitle E of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by 
     [section __02(a)]) is amended by adding at the end the 
     following:

     ``SEC. 960. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) HALEU transportation package.--The term `HALEU 
     transportation package' means a transportation package that 
     is suitable for transporting high-assay, low-enriched 
     uranium.

[[Page S3477]]

       ``(2) High-assay, low-enriched uranium.--The term `high-
     assay, low-enriched uranium' means uranium with an assay 
     greater than 5 weight percent, but less than 20 weight 
     percent, of the uranium-235 isotope.
       ``(3) High-enriched uranium.--The term `high-enriched 
     uranium' means uranium with an assay of 20 weight percent or 
     more of the uranium-235 isotope.
       ``(b) High-Assay, Low-Enriched Uranium Program for Advanced 
     Reactors.--
       ``(1) Establishment.--Not later than 1 year after the date 
     of enactment of this section, the Secretary shall establish a 
     program to make available high-assay, low-enriched uranium, 
     through contracts for sale, resale, transfer, or lease, for 
     use in commercial or noncommercial advanced nuclear reactors.
       ``(2) Nuclear fuel ownership.--Each lease under this 
     subsection shall include a provision establishing that the 
     high-assay, low-enriched uranium that is the subject of the 
     lease shall remain the property of the Department, including 
     with respect to responsibility for the storage, use, or final 
     disposition of all radioactive waste created by the 
     irradiation, processing, or purification of any leased high-
     assay, low-enriched uranium.
       ``(3) Quantity.--In carrying out the program under this 
     subsection, the Secretary shall make available--
       ``(A) by December 31, 2022, high-assay, low-enriched 
     uranium containing not less than 2 metric tons of the 
     uranium-235 isotope; and
       ``(B) by December 31, 2025, high-assay, low-enriched 
     uranium containing not less than 10 metric tons of the 
     uranium-235 isotope (as determined including the quantities 
     of the uranium-235 isotope made available before December 31, 
     2022).
       ``(4) Factors for consideration.--In carrying out the 
     program under this subsection, the Secretary shall take into 
     consideration--
       ``(A) options for providing the high-assay, low-enriched 
     uranium under this subsection from a stockpile of uranium 
     owned by the Department (including the National Nuclear 
     Security Administration), including--
       ``(i) fuel that--

       ``(I) directly meets the needs of an end-user; but
       ``(II) has been previously used or fabricated for another 
     purpose;

       ``(ii) fuel that can meet the needs of an end-user after 
     removing radioactive or other contaminants that resulted from 
     a previous use or fabrication of the fuel for research, 
     development, demonstration, or deployment activities of the 
     Department (including activities of the National Nuclear 
     Security Administration); and
       ``(iii) fuel from a high-enriched uranium stockpile, which 
     can be blended with lower-assay uranium to become high-assay, 
     low-enriched uranium to meet the needs of an end-user; and
       ``(B) requirements to support molybdenum-99 production 
     under the American Medical Isotopes Production Act of 2012 
     (Public Law 112-239; 126 Stat. 2211).
       ``(5) Limitations.--
       ``(A) Final disposition of radioactive waste.--The 
     Secretary shall not barter or otherwise sell or transfer 
     uranium in any form in exchange for services relating to the 
     final disposition of radioactive waste from uranium that is 
     the subject of a lease under this subsection.
       ``(B) National security needs.--The Secretary shall only 
     make available from Department stockpiles under this 
     subsection high-assay, low-enriched uranium that is not 
     needed for national security.
       ``(6) Sunset.--The program under this subsection shall 
     terminate on the earlier of--
       ``(A) January 1, 2035; and
       ``(B) the date on which uranium enriched up to, but not 
     equal to, 20 weight percent can be obtained in the commercial 
     market from domestic suppliers.
       ``(c) Report.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall submit to 
     the appropriate committees of Congress a report that 
     describes actions proposed to be carried out by the 
     Secretary--
       ``(A) under the program under subsection (b); or
       ``(B) otherwise to enable the commercial use of high-assay, 
     low-enriched uranium.
       ``(2) Coordination and stakeholder input.--In developing 
     the report under this subsection, the Secretary shall seek 
     input from--
       ``(A) the Nuclear Regulatory Commission;
       ``(B) the National Laboratories;
       ``(C) institutions of higher education;
       ``(D) producers of medical isotopes;
       ``(E) a diverse group of entities operating in the nuclear 
     energy industry; and
       ``(F) a diverse group of technology developers.
       ``(3) Cost and schedule estimates.--The report under this 
     subsection shall include estimated costs, budgets, and 
     timeframes for enabling the use of high-assay, low-enriched 
     uranium.
       ``(4) Required evaluations.--The report under this 
     subsection shall evaluate--
       ``(A) the costs and actions required to establish and carry 
     out the program under subsection (b), including with respect 
     to--
       ``(i) proposed preliminary terms for the sale, resale, 
     transfer, and leasing of high-assay, low-enriched uranium 
     (including guidelines defining the roles and responsibilities 
     between the Department and the purchaser, transfer recipient, 
     or lessee); and
       ``(ii) the potential to coordinate with purchasers, 
     transfer recipients, and lessees regarding--

       ``(I) fuel fabrication; and
       ``(II) fuel transport;

       ``(B) the potential sources and fuel forms available to 
     provide uranium for the program under subsection (b);
       ``(C) options to coordinate the program under subsection 
     (b) with the operation of the versatile reactor-based fast 
     neutron source under section 955(c)(1);
       ``(D) the ability of the domestic uranium market to provide 
     materials for advanced nuclear reactor fuel; and
       ``(E) any associated legal, regulatory, and policy issues 
     that should be addressed to enable--
       ``(i) the program under subsection (b); and
       ``(ii) the establishment of a domestic industry capable of 
     providing high-assay, low-enriched uranium for commercial and 
     noncommercial purposes, including with respect to the needs 
     of--

       ``(I) the Department;
       ``(II) the Department of Defense; and
       ``(III) the National Nuclear Security Administration.

       ``(d) HALEU Transportation Package Research Program.--
       ``(1) In general.--As soon as practicable after the date of 
     enactment of this section, the Secretary shall establish a 
     research, development, and demonstration program under which 
     the Secretary shall provide financial assistance, on a 
     competitive basis, to establish the capability to transport 
     high-assay, low-enriched uranium.
       ``(2) Requirement.--The focus of the program under this 
     subsection shall be to establish 1 or more HALEU 
     transportation packages that can be certified by the Nuclear 
     Regulatory Commission to transport high-assay, low-enriched 
     uranium to the various facilities involved in producing or 
     using nuclear fuel containing high-assay, low-enriched 
     uranium, such as--
       ``(A) enrichment facilities;
       ``(B) fuel processing facilities;
       ``(C) fuel fabrication facilities; and
       ``(D) nuclear reactors.''.
       (b) Clerical Amendment.--The table of contents of the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594; 
     132 Stat. 3160) (as amended by [section __02(b)]) is amended 
     by inserting after the item relating to section 959B the 
     following:

``Sec. 960. Advanced nuclear fuel security program.''.

     SEC. __05. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.

       Section 313 of the Energy and Water Development and Related 
     Agencies Appropriations Act, 2009 (42 U.S.C. 16274a) is 
     amended to read as follows:

     ``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
     reactor' means--
       ``(A) a nuclear fission reactor, including a prototype 
     plant (as defined in sections 50.2 and 52.1 of title 10, Code 
     of Federal Regulations (or successor regulations)), with 
     significant improvements compared to the most recent 
     generation of fission reactors, including improvements such 
     as--
       ``(i) additional inherent safety features;
       ``(ii) lower waste yields;
       ``(iii) improved fuel performance;
       ``(iv) increased tolerance to loss of fuel cooling;
       ``(v) enhanced reliability;
       ``(vi) increased proliferation resistance;
       ``(vii) increased thermal efficiency;
       ``(viii) reduced consumption of cooling water;
       ``(ix) the ability to integrate into electric applications 
     and nonelectric applications;
       ``(x) modular sizes to allow for deployment that 
     corresponds with the demand for electricity; or
       ``(xi) operational flexibility to respond to changes in 
     demand for electricity and to complement integration with 
     intermittent renewable energy; and
       ``(B) a fusion reactor.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       ``(3) Program.--The term `Program' means the University 
     Nuclear Leadership Program established under subsection (b).
       ``(b) Establishment.--The Secretary of Energy, the 
     Administrator of the National Nuclear Security 
     Administration, and the Chairman of the Nuclear Regulatory 
     Commission shall jointly establish a program, to be known as 
     the `University Nuclear Leadership Program'.
       ``(c) Use of Funds.--
       ``(1) In general.--Except as provided in paragraph (2), 
     amounts made available to carry out the Program shall be used 
     to provide financial assistance for scholarships, 
     fellowships, and research and development projects at 
     institutions of higher education in areas relevant to the 
     programmatic mission of the applicable Federal agency, with 
     an emphasis on providing the financial assistance with 
     respect to research, development, demonstration, and 
     deployment activities for technologies relevant to advanced 
     nuclear reactors, including relevant fuel cycle technologies.
       ``(2) Exception.--Notwithstanding paragraph (1), amounts 
     made available to carry out the Program may be used to 
     provide financial assistance for a scholarship, fellowship, 
     or multiyear research and development

[[Page S3478]]

     project that does not align directly with a programmatic 
     mission of the applicable Federal agency providing the 
     financial assistance, if the activity for which assistance is 
     provided would facilitate the maintenance of the discipline 
     of nuclear science or engineering.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the Program for 
     fiscal year 2021 and each fiscal year thereafter--
       ``(1) $30,000,000 to the Secretary of Energy; and
       ``(2) $15,000,000 to the Nuclear Regulatory Commission.''.

     SEC. __06. ADJUSTING STRATEGIC PETROLEUM RESERVE MANDATED 
                   DRAWDOWNS.

       (a) Bipartisan Budget Act of 2015.--Section 403(a) of the 
     Bipartisan Budget Act of 2015 (42 U.S.C. 6241 note; Public 
     Law 114-74) is amended--
       (1) by striking paragraph (6);
       (2) by redesignating paragraphs (7) and (8) as paragraphs 
     (6) and (7), respectively; and
       (3) in paragraph (7) (as so redesignated), by striking 
     ``10,000,000'' and inserting ``20,000,000''.
       (b) Fixing America's Surface Transportation Act.--Section 
     32204(a)(1) of the FAST Act (42 U.S.C. 6241 note; Public Law 
     114-94) is amended--
       (1) in subparagraph (B)--
       (A) by striking ``16,000,000'' and inserting 
     ``11,000,000''; and
       (B) by striking ``2023'' and inserting ``2022''; and
       (2) in subparagraph (C), by striking ``25,000,000'' and 
     inserting ``30,000,000''.
       (c) America's Water Infrastructure Act of 2018.--Section 
     3009(a)(1) of America's Water Infrastructure Act of 2018 (42 
     U.S.C. 6241 note; Public Law 115-270) is amended by striking 
     ``2028'' and inserting ``2030.''
       (d) Bipartisan Budget Act of 2018.--Section 30204(a)(1) of 
     the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note; 
     Public Law 115-123) is amended by striking subparagraphs (A) 
     through (C) and inserting the following:
       ``(A) 7,500,000 barrels of crude oil during fiscal year 
     2022;
       ``(B) 7,500,000 barrels of crude oil during fiscal year 
     2024;
       ``(C) 15,000,000 barrels of crude oil during fiscal year 
     2025;
       ``(D) 30,000,000 barrels of crude oil during fiscal year 
     2029; and
       ``(E) 40,000,000 barrels of crude oil during fiscal year 
     2030.''.
       (e) Reconciliation on the Budget for 2018.--Section 
     20003(a)(1) of Public Law 115-97 (42 U.S.C. 6241 note) is 
     amended by striking ``the period of fiscal years 2026 through 
     2027'' and inserting ``fiscal year 2030''.
                                 ______
                                 
  SA 2013. Ms. MURKOWSKI (for herself, Mr. Sullivan, and Mr. Jones) 
submitted an amendment intended to be proposed by her to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 454, line 12, strike ``Synthetic'' and insert 
     ``Natural or synthetic''.
                                 ______
                                 
  SA 2014. Ms. MURKOWSKI (for herself, Mr. Manchin, Mr. Risch, Ms. 
McSally, and Mr. Sullivan) submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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 XXXI, add the following:

     SEC. 3168. MINERAL SECURITY.

       (a) Definitions.--In this section:
       (1) Byproduct.--The term ``byproduct'' means a critical 
     mineral--
       (A) the recovery of which depends on the production of a 
     host mineral that is not designated as a critical mineral; 
     and
       (B) that exists in sufficient quantities to be recovered 
     during processing or refining.
       (2) Critical mineral.--
       (A) In general.--The term ``critical mineral'' means any 
     mineral, element, substance, or material designated as 
     critical by the Secretary under subsection (c).
       (B) Exclusions.--The term ``critical mineral'' does not 
     include--
       (i) fuel minerals, including oil, natural gas, or any other 
     fossil fuels; or
       (ii) water, ice, or snow.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands; and
       (G) the United States Virgin Islands.
       (b) Policy.--
       (1) In general.--Section 3 of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1602) is amended in the second sentence--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) establish an analytical and forecasting capability 
     for identifying critical mineral demand, supply, and other 
     factors to allow informed actions to be taken to avoid supply 
     shortages, mitigate price volatility, and prepare for demand 
     growth and other market shifts;'';
       (B) in paragraph (6), by striking ``and'' after the 
     semicolon at the end; and
       (C) by striking paragraph (7) and inserting the following:
       ``(7) facilitate the availability, development, and 
     environmentally responsible production of domestic resources 
     to meet national material or critical mineral needs;
       ``(8) avoid duplication of effort, prevent unnecessary 
     paperwork, and minimize delays in the administration of 
     applicable laws (including regulations) and the issuance of 
     permits and authorizations necessary to explore for, develop, 
     and produce critical minerals and to construct critical 
     mineral manufacturing facilities in accordance with 
     applicable environmental and land management laws;
       ``(9) strengthen--
       ``(A) educational and research capabilities at not lower 
     than the secondary school level; and
       ``(B) workforce training for exploration and development of 
     critical minerals and critical mineral manufacturing;
       ``(10) bolster international cooperation through technology 
     transfer, information sharing, and other means;
       ``(11) promote the efficient production, use, and recycling 
     of critical minerals;
       ``(12) develop alternatives to critical minerals; and
       ``(13) establish contingencies for the production of, or 
     access to, critical minerals for which viable sources do not 
     exist within the United States.''.
       (2) Conforming amendment.--Section 2(b) of the National 
     Materials and Minerals Policy, Research and Development Act 
     of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As 
     used in this Act, the term'' and inserting the following:
       ``(b) Definitions.--In this Act:
       ``(1) Critical mineral.--The term `critical mineral' means 
     any mineral, element, substance, or material designated as 
     critical by the Secretary under section 3168(c) of the 
     National Defense Authorization Act for Fiscal Year 2021.
       ``(2) Materials.--The term''.
       (c) Critical Mineral Designations.--
       (1) Draft methodology and list.--The Secretary, acting 
     through the Director of the United States Geological Survey 
     (referred to in this subsection as the ``Secretary''), shall 
     publish in the Federal Register for public comment--
       (A) a description of the draft methodology used to identify 
     a draft list of critical minerals;
       (B) a draft list of minerals, elements, substances, and 
     materials that qualify as critical minerals; and
       (C) a draft list of critical minerals recovered as 
     byproducts.
       (2) Availability of data.--If available data is 
     insufficient to provide a quantitative basis for the 
     methodology developed under this subsection, qualitative 
     evidence may be used to the extent necessary.
       (3) Final methodology and list.--After reviewing public 
     comments on the draft methodology and the draft lists 
     published under paragraph (1) and updating the methodology 
     and lists as appropriate, not later than 45 days after the 
     date on which the public comment period with respect to the 
     draft methodology and draft lists closes, the Secretary shall 
     publish in the Federal Register--
       (A) a description of the final methodology for determining 
     which minerals, elements, substances, and materials qualify 
     as critical minerals;
       (B) the final list of critical minerals; and
       (C) the final list of critical minerals recovered as 
     byproducts.
       (4) Designations.--
       (A) In general.--For purposes of carrying out this 
     subsection, the Secretary shall maintain a list of minerals, 
     elements, substances, and materials designated as critical, 
     pursuant to the final methodology published under paragraph 
     (3), that the Secretary determines--
       (i) are essential to the economic or national security of 
     the United States;
       (ii) the supply chain of which is vulnerable to disruption 
     (including restrictions associated with foreign political 
     risk, abrupt demand growth, military conflict, violent 
     unrest, anti-competitive or protectionist behaviors, and 
     other risks throughout the supply chain); and
       (iii) serve an essential function in the manufacturing of a 
     product (including energy technology-, defense-, currency-, 
     agriculture-, consumer electronics-, and health care-related 
     applications), the absence of which would have significant 
     consequences for the economic or national security of the 
     United States.
       (B) Inclusions.--Notwithstanding the criteria under 
     paragraph (3), the Secretary may

[[Page S3479]]

     designate and include on the list any mineral, element, 
     substance, or material determined by another Federal agency 
     to be strategic and critical to the defense or national 
     security of the United States.
       (C) Required consultation.--The Secretary shall consult 
     with the Secretaries of Defense, Commerce, Agriculture, and 
     Energy and the United States Trade Representative in 
     designating minerals, elements, substances, and materials as 
     critical under this paragraph.
       (5) Subsequent review.--
       (A) In general.--The Secretary, in consultation with the 
     Secretaries of Defense, Commerce, Agriculture, and Energy and 
     the United States Trade Representative, shall review the 
     methodology and list under paragraph (3) and the designations 
     under paragraph (4) at least every 3 years, or more 
     frequently as the Secretary considers to be appropriate.
       (B) Revisions.--Subject to paragraph (4)(A), the Secretary 
     may--
       (i) revise the methodology described in this subsection;
       (ii) determine that minerals, elements, substances, and 
     materials previously determined to be critical minerals are 
     no longer critical minerals; and
       (iii) designate additional minerals, elements, substances, 
     or materials as critical minerals.
       (6) Notice.--On finalization of the methodology and the 
     list under paragraph (3), or any revision to the methodology 
     or list under paragraph (5), the Secretary shall submit to 
     Congress written notice of the action.
       (d) Resource Assessment.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, in consultation with applicable State 
     (including geological surveys), local, academic, industry, 
     and other entities, the Secretary (acting through the 
     Director of the United States Geological Survey) or a 
     designee of the Secretary, shall complete a comprehensive 
     national assessment of each critical mineral that--
       (A) identifies and quantifies known critical mineral 
     resources, using all available public and private information 
     and datasets, including exploration histories; and
       (B) provides a quantitative and qualitative assessment of 
     undiscovered critical mineral resources throughout the United 
     States, including probability estimates of tonnage and grade, 
     using all available public and private information and 
     datasets, including exploration histories.
       (2) Supplementary information.--In carrying out this 
     subsection, the Secretary may carry out surveys and field 
     work (including drilling, remote sensing, geophysical 
     surveys, topographical and geological mapping, and 
     geochemical sampling and analysis) to supplement existing 
     information and datasets available for determining the 
     existence of critical minerals in the United States.
       (3) Public access.--Subject to applicable law, to the 
     maximum extent practicable, the Secretary shall make all data 
     and metadata collected from the comprehensive national 
     assessment carried out under paragraph (1) publically and 
     electronically accessible.
       (4) Technical assistance.--At the request of the Governor 
     of a State or the head of an Indian tribe, the Secretary may 
     provide technical assistance to State governments and Indian 
     tribes conducting critical mineral resource assessments on 
     non-Federal land.
       (5) Prioritization.--
       (A) In general.--The Secretary may sequence the completion 
     of resource assessments for each critical mineral such that 
     critical minerals considered to be most critical under the 
     methodology established under subsection (c) are completed 
     first.
       (B) Reporting.--During the period beginning not later than 
     1 year after the date of enactment of this Act and ending on 
     the date of completion of all of the assessments required 
     under this subsection, the Secretary shall submit to Congress 
     on an annual basis an interim report that--
       (i) identifies the sequence and schedule for completion of 
     the assessments if the Secretary sequences the assessments; 
     or
       (ii) describes the progress of the assessments if the 
     Secretary does not sequence the assessments.
       (6) Updates.--The Secretary may periodically update the 
     assessments conducted under this subsection based on--
       (A) the generation of new information or datasets by the 
     Federal Government; or
       (B) the receipt of new information or datasets from 
     critical mineral producers, State geological surveys, 
     academic institutions, trade associations, or other persons.
       (7) Additional surveys.--The Secretary shall complete a 
     resource assessment for each additional mineral or element 
     subsequently designated as a critical mineral under 
     subsection (c)(5)(B) not later than 2 years after the 
     designation of the mineral or element.
       (8) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the status of geological surveying of 
     Federal land for any mineral commodity--
       (A) for which the United States was dependent on a foreign 
     country for more than 25 percent of the United States supply, 
     as depicted in the report issued by the United States 
     Geological Survey entitled ``Mineral Commodity Summaries 
     2020''; but
       (B) that is not designated as a critical mineral under 
     subsection (c).
       (e) Permitting.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) critical minerals are fundamental to the economy, 
     competitiveness, and security of the United States;
       (B) to the maximum extent practicable, the critical mineral 
     needs of the United States should be satisfied by minerals 
     responsibly produced and recycled in the United States; and
       (C) the Federal permitting process has been identified as 
     an impediment to mineral production and the mineral security 
     of the United States.
       (2) Performance improvements.--To improve the quality and 
     timeliness of decisions, the Secretary (acting through the 
     Director of the Bureau of Land Management) and the Secretary 
     of Agriculture (acting through the Chief of the Forest 
     Service) (referred to in this subsection as the 
     ``Secretaries'') shall, to the maximum extent practicable, 
     with respect to critical mineral production on Federal land, 
     complete Federal permitting and review processes with maximum 
     efficiency and effectiveness, while supporting vital economic 
     growth, by--
       (A) establishing and adhering to timelines and schedules 
     for the consideration of, and final decisions regarding, 
     applications, operating plans, leases, licenses, permits, and 
     other use authorizations for mineral-related activities on 
     Federal land;
       (B) establishing clear, quantifiable, and temporal 
     permitting performance goals and tracking progress against 
     those goals;
       (C) engaging in early collaboration among agencies, project 
     sponsors, and affected stakeholders--
       (i) to incorporate and address the interests of those 
     parties; and
       (ii) to minimize delays;
       (D) ensuring transparency and accountability by using cost-
     effective information technology to collect and disseminate 
     information regarding individual projects and agency 
     performance;
       (E) engaging in early and active consultation with State, 
     local, and Indian tribal governments to avoid conflicts or 
     duplication of effort, resolve concerns, and allow for 
     concurrent, rather than sequential, reviews;
       (F) providing demonstrable improvements in the performance 
     of Federal permitting and review processes, including lower 
     costs and more timely decisions;
       (G) expanding and institutionalizing permitting and review 
     process improvements that have proven effective;
       (H) developing mechanisms to better communicate priorities 
     and resolve disputes among agencies at the national, 
     regional, State, and local levels; and
       (I) developing other practices, such as preapplication 
     procedures.
       (3) Review and report.--Not later than 1 year after the 
     date of enactment of this Act, the Secretaries shall submit 
     to Congress a report that--
       (A) identifies additional measures (including regulatory 
     and legislative proposals, as appropriate) that would 
     increase the timeliness of permitting activities for the 
     exploration and development of domestic critical minerals;
       (B) identifies options (including cost recovery paid by 
     permit applicants) for ensuring adequate staffing and 
     training of Federal entities and personnel responsible for 
     the consideration of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land;
       (C) quantifies the amount of time typically required 
     (including range derived from minimum and maximum durations, 
     mean, median, variance, and other statistical measures or 
     representations) to complete each step (including those 
     aspects outside the control of the executive branch, such as 
     judicial review, applicant decisions, or State and local 
     government involvement) associated with the development and 
     processing of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land, which shall serve 
     as a baseline for the performance metric under paragraph (4); 
     and
       (D) describes actions carried out pursuant to paragraph 
     (2).
       (4) Performance metric.--Not later than 90 days after the 
     date of submission of the report under paragraph (3), the 
     Secretaries, after providing public notice and an opportunity 
     to comment, shall develop and publish a performance metric 
     for evaluating the progress made by the executive branch to 
     expedite the permitting of activities that will increase 
     exploration for, and development of, domestic critical 
     minerals, while maintaining environmental standards.
       (5) Annual reports.--Beginning with the first budget 
     submission by the President under section 1105 of title 31, 
     United States Code, after publication of the performance 
     metric required under paragraph (4), and annually thereafter, 
     the Secretaries shall submit to Congress a report that--
       (A) summarizes the implementation of recommendations, 
     measures, and options identified in subparagraphs (A) and (B) 
     of paragraph (3);
       (B) using the performance metric under paragraph (4), 
     describes progress made by the executive branch, as compared 
     to the baseline established pursuant to paragraph (3)(C), on 
     expediting the permitting of activities that will increase 
     exploration for, and development of, domestic critical 
     minerals; and

[[Page S3480]]

       (C) compares the United States to other countries in terms 
     of permitting efficiency and any other criteria relevant to 
     the globally competitive critical minerals industry.
       (6) Individual projects.--Using data from the Secretaries 
     generated under paragraph (5), the Director of the Office of 
     Management and Budget shall prioritize inclusion of 
     individual critical mineral projects on the website operated 
     by the Office of Management and Budget in accordance with 
     section 1122 of title 31, United States Code.
       (7) Report of small business administration.--Not later 
     than 1 year and 300 days after the date of enactment of this 
     Act, the Administrator of the Small Business Administration 
     shall submit to the applicable committees of Congress a 
     report that assesses the performance of Federal agencies with 
     respect to--
       (A) complying with chapter 6 of title 5, United States Code 
     (commonly known as the ``Regulatory Flexibility Act''), in 
     promulgating regulations applicable to the critical minerals 
     industry; and
       (B) performing an analysis of regulations applicable to the 
     critical minerals industry that may be outmoded, inefficient, 
     duplicative, or excessively burdensome.
       (f) Federal Register Process.--
       (1) Departmental review.--Absent any extraordinary 
     circumstance, and except as otherwise required by law, the 
     Secretary and the Secretary of Agriculture shall ensure that 
     each Federal Register notice described in paragraph (2) shall 
     be--
       (A) subject to any required reviews within the Department 
     of the Interior or the Department of Agriculture; and
       (B) published in final form in the Federal Register not 
     later than 45 days after the date of initial preparation of 
     the notice.
       (2) Preparation.--The preparation of Federal Register 
     notices required by law associated with the issuance of a 
     critical mineral exploration or mine permit shall be 
     delegated to the organizational level within the agency 
     responsible for issuing the critical mineral exploration or 
     mine permit.
       (3) Transmission.--All Federal Register notices regarding 
     official document availability, announcements of meetings, or 
     notices of intent to undertake an action shall be originated 
     in, and transmitted to the Federal Register from, the office 
     in which, as applicable--
       (A) the documents or meetings are held; or
       (B) the activity is initiated.
       (g) Recycling, Efficiency, and Alternatives.--
       (1) Establishment.--The Secretary of Energy (referred to in 
     this subsection as the ``Secretary'') shall conduct a program 
     of research and development--
       (A) to promote the efficient production, use, and recycling 
     of critical minerals throughout the supply chain; and
       (B) to develop alternatives to critical minerals that do 
     not occur in significant abundance in the United States.
       (2) Cooperation.--In carrying out the program, the 
     Secretary shall cooperate with appropriate--
       (A) Federal agencies and National Laboratories;
       (B) critical mineral producers;
       (C) critical mineral processors;
       (D) critical mineral manufacturers;
       (E) trade associations;
       (F) academic institutions;
       (G) small businesses; and
       (H) other relevant entities or individuals.
       (3) Activities.--Under the program, the Secretary shall 
     carry out activities that include the identification and 
     development of--
       (A) advanced critical mineral extraction, production, 
     separation, alloying, or processing technologies that 
     decrease the energy consumption, environmental impact, and 
     costs of those activities, including--
       (i) efficient water and wastewater management strategies;
       (ii) technologies and management strategies to control the 
     environmental impacts of radionuclides in ore tailings;
       (iii) technologies for separation and processing; and
       (iv) technologies for increasing the recovery rates of 
     byproducts from host metal ores;
       (B) technologies or process improvements that minimize the 
     use, or lead to more efficient use, of critical minerals 
     across the full supply chain;
       (C) technologies, process improvements, or design 
     optimizations that facilitate the recycling of critical 
     minerals, and options for improving the rates of collection 
     of products and scrap containing critical minerals from post-
     consumer, industrial, or other waste streams;
       (D) commercial markets, advanced storage methods, energy 
     applications, and other beneficial uses of critical minerals 
     processing byproducts;
       (E) alternative minerals, metals, and materials, 
     particularly those available in abundance within the United 
     States and not subject to potential supply restrictions, that 
     lessen the need for critical minerals; and
       (F) alternative energy technologies or alternative designs 
     of existing energy technologies, particularly those that use 
     minerals that--
       (i) occur in abundance in the United States; and
       (ii) are not subject to potential supply restrictions.
       (4) Reports.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report summarizing the activities, 
     findings, and progress of the program.
       (h) Analysis and Forecasting.--
       (1) Capabilities.--In order to evaluate existing critical 
     mineral policies and inform future actions that may be taken 
     to avoid supply shortages, mitigate price volatility, and 
     prepare for demand growth and other market shifts, the 
     Secretary (acting through the Director of the United States 
     Geological Survey) or a designee of the Secretary, in 
     consultation with the Energy Information Administration, 
     academic institutions, and others in order to maximize the 
     application of existing competencies related to developing 
     and maintaining computer-models and similar analytical tools, 
     shall conduct and publish the results of an annual report 
     that includes--
       (A) as part of the annually published Mineral Commodity 
     Summaries from the United States Geological Survey, a 
     comprehensive review of critical mineral production, 
     consumption, and recycling patterns, including--
       (i) the quantity of each critical mineral domestically 
     produced during the preceding year;
       (ii) the quantity of each critical mineral domestically 
     consumed during the preceding year;
       (iii) market price data or other price data for each 
     critical mineral;
       (iv) an assessment of--

       (I) critical mineral requirements to meet the national 
     security, energy, economic, industrial, technological, and 
     other needs of the United States during the preceding year;
       (II) the reliance of the United States on foreign sources 
     to meet those needs during the preceding year; and
       (III) the implications of any supply shortages, 
     restrictions, or disruptions during the preceding year;

       (v) the quantity of each critical mineral domestically 
     recycled during the preceding year;
       (vi) the market penetration during the preceding year of 
     alternatives to each critical mineral;
       (vii) a discussion of international trends associated with 
     the discovery, production, consumption, use, costs of 
     production, prices, and recycling of each critical mineral as 
     well as the development of alternatives to critical minerals; 
     and
       (viii) such other data, analyses, and evaluations as the 
     Secretary finds are necessary to achieve the purposes of this 
     subsection; and
       (B) a comprehensive forecast, entitled the ``Annual 
     Critical Minerals Outlook'', of projected critical mineral 
     production, consumption, and recycling patterns, including--
       (i) the quantity of each critical mineral projected to be 
     domestically produced over the subsequent 1-year, 5-year, and 
     10-year periods;
       (ii) the quantity of each critical mineral projected to be 
     domestically consumed over the subsequent 1-year, 5-year, and 
     10-year periods;
       (iii) an assessment of--

       (I) critical mineral requirements to meet projected 
     national security, energy, economic, industrial, 
     technological, and other needs of the United States;
       (II) the projected reliance of the United States on foreign 
     sources to meet those needs; and
       (III) the projected implications of potential supply 
     shortages, restrictions, or disruptions;

       (iv) the quantity of each critical mineral projected to be 
     domestically recycled over the subsequent 1-year, 5-year, and 
     10-year periods;
       (v) the market penetration of alternatives to each critical 
     mineral projected to take place over the subsequent 1-year, 
     5-year, and 10-year periods;
       (vi) a discussion of reasonably foreseeable international 
     trends associated with the discovery, production, 
     consumption, use, costs of production, and recycling of each 
     critical mineral as well as the development of alternatives 
     to critical minerals; and
       (vii) such other projections relating to each critical 
     mineral as the Secretary determines to be necessary to 
     achieve the purposes of this subsection.
       (2) Proprietary information.--In preparing a report 
     described in paragraph (1), the Secretary shall ensure, 
     consistent with section 5(f) of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1604(f)), that--
       (A) no person uses the information and data collected for 
     the report for a purpose other than the development of or 
     reporting of aggregate data in a manner such that the 
     identity of the person or firm who supplied the information 
     is not discernible and is not material to the intended uses 
     of the information;
       (B) no person discloses any information or data collected 
     for the report unless the information or data has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person or firm who 
     supplied particular information; and
       (C) procedures are established to require the withholding 
     of any information or data collected for the report if the 
     Secretary determines that withholding is necessary to protect 
     proprietary information, including any trade secrets or other 
     confidential information.
       (i) Education and Workforce.--
       (1) Workforce assessment.--Not later than 1 year and 300 
     days after the date of enactment of this Act, the Secretary 
     of Labor

[[Page S3481]]

     (in consultation with the Secretary, the Director of the 
     National Science Foundation, institutions of higher education 
     with substantial expertise in mining, institutions of higher 
     education with significant expertise in minerals research, 
     including fundamental research into alternatives, and 
     employers in the critical minerals sector) shall submit to 
     Congress an assessment of the domestic availability of 
     technically trained personnel necessary for critical mineral 
     exploration, development, assessment, production, 
     manufacturing, recycling, analysis, forecasting, education, 
     and research, including an analysis of--
       (A) skills that are in the shortest supply as of the date 
     of the assessment;
       (B) skills that are projected to be in short supply in the 
     future;
       (C) the demographics of the critical minerals industry and 
     how the demographics will evolve under the influence of 
     factors such as an aging workforce;
       (D) the effectiveness of training and education programs in 
     addressing skills shortages;
       (E) opportunities to hire locally for new and existing 
     critical mineral activities;
       (F) the sufficiency of personnel within relevant areas of 
     the Federal Government for achieving the policies described 
     in section 3 of the National Materials and Minerals Policy, 
     Research and Development Act of 1980 (30 U.S.C. 1602); and
       (G) the potential need for new training programs to have a 
     measurable effect on the supply of trained workers in the 
     critical minerals industry.
       (2) Curriculum study.--
       (A) In general.--The Secretary and the Secretary of Labor 
     shall jointly enter into an arrangement with the National 
     Academy of Sciences and the National Academy of Engineering 
     under which the Academies shall coordinate with the National 
     Science Foundation on conducting a study--
       (i) to design an interdisciplinary program on critical 
     minerals that will support the critical mineral supply chain 
     and improve the ability of the United States to increase 
     domestic, critical mineral exploration, development, 
     production, manufacturing, research, including fundamental 
     research into alternatives, and recycling;
       (ii) to address undergraduate and graduate education, 
     especially to assist in the development of graduate level 
     programs of research and instruction that lead to advanced 
     degrees with an emphasis on the critical mineral supply chain 
     or other positions that will increase domestic, critical 
     mineral exploration, development, production, manufacturing, 
     research, including fundamental research into alternatives, 
     and recycling;
       (iii) to develop guidelines for proposals from institutions 
     of higher education with substantial capabilities in the 
     required disciplines for activities to improve the critical 
     mineral supply chain and advance the capacity of the United 
     States to increase domestic, critical mineral exploration, 
     research, development, production, manufacturing, and 
     recycling; and
       (iv) to outline criteria for evaluating performance and 
     recommendations for the amount of funding that will be 
     necessary to establish and carry out the program described in 
     paragraph (3).
       (B) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a description of the results of the study required under 
     subparagraph (A).
       (3) Program.--
       (A) Establishment.--The Secretary and the Secretary of 
     Labor shall jointly conduct a competitive grant program under 
     which institutions of higher education may apply for and 
     receive 4-year grants for--
       (i) startup costs for newly designated faculty positions in 
     integrated critical mineral education, research, innovation, 
     training, and workforce development programs consistent with 
     paragraph (2);
       (ii) internships, scholarships, and fellowships for 
     students enrolled in programs related to critical minerals;
       (iii) equipment necessary for integrated critical mineral 
     innovation, training, and workforce development programs; and
       (iv) research of critical minerals and their applications, 
     particularly concerning the manufacture of critical 
     components vital to national security.
       (B) Renewal.--A grant under this paragraph shall be 
     renewable for up to 2 additional 3-year terms based on 
     performance criteria outlined under paragraph (2)(A)(iv).
       (j) National Geological and Geophysical Data Preservation 
     Program.--Section 351(k) of the Energy Policy Act of 2005 (42 
     U.S.C. 15908(k)) is amended by striking ``$30,000,000 for 
     each of fiscal years 2006 through 2010'' and inserting 
     ``$5,000,000 for each of fiscal years 2021 through 2030, to 
     remain available until expended''.
       (k) Administration.--
       (1) In general.--The National Critical Materials Act of 
     1984 (30 U.S.C. 1801 et seq.) is repealed.
       (2) Conforming amendment.--Section 3(d) of the National 
     Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
     5202(d)) is amended in the first sentence by striking ``, 
     with the assistance of the National Critical Materials 
     Council as specified in the National Critical Materials Act 
     of 1984 (30 U.S.C. 1801 et seq.),''.
       (3) Savings clauses.--
       (A) In general.--Nothing in this section or an amendment 
     made by this section modifies any requirement or authority 
     provided by--
       (i) the matter under the heading ``geological survey'' of 
     the first section of the Act of March 3, 1879 (43 U.S.C. 
     31(a)); or
       (ii) the first section of Public Law 87-626 (43 U.S.C. 
     31(b)).
       (B) Effect on department of defense.--Nothing in this 
     section or an amendment made by this section affects the 
     authority of the Secretary of Defense with respect to the 
     work of the Department of Defense on critical material 
     supplies in furtherance of the national defense mission of 
     the Department of Defense.
       (C) Secretarial order not affected.--This section shall not 
     apply to any mineral described in Secretarial Order No. 3324, 
     issued by the Secretary on December 3, 2012, in any area to 
     which the order applies.
       (4) Application of certain provisions.--
       (A) In general.--Subsections (e) and (f) shall apply to--
       (i) an exploration project in which the presence of a 
     byproduct is reasonably expected, based on known mineral 
     companionality, geologic formation, mineralogy, or other 
     factors; and
       (ii) a project that demonstrates that the byproduct is of 
     sufficient grade that, when combined with the production of a 
     host mineral, the byproduct is economic to recover, as 
     determined by the applicable Secretary in accordance with 
     subparagraph (B).
       (B) Requirement.--In making the determination under 
     subparagraph (A)(ii), the applicable Secretary shall consider 
     the cost effectiveness of the byproducts recovery.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2021 through 2030.

     SEC. 3169. RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES.

       (a) Program for Extraction and Recovery of Rare Earth 
     Elements and Minerals From Coal and Coal Byproducts.--
       (1) In general.--The Secretary of Energy, acting through 
     the Assistant Secretary for Fossil Energy (referred to in 
     this section as the ``Secretary''), shall carry out a program 
     under which the Secretary shall develop advanced separation 
     technologies for the extraction and recovery of rare earth 
     elements and minerals from coal and coal byproducts.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the program 
     described in paragraph (1) $23,000,000 for each of fiscal 
     years 2021 through 2028.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report evaluating the development of 
     advanced separation technologies for the extraction and 
     recovery of rare earth elements and minerals from coal and 
     coal byproducts, including acid mine drainage from coal 
     mines.
                                 ______
                                 
  SA 2015. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. REPORTS ON THEFT OF INTELLECTUAL PROPERTY 
                   CONDUCTED BY CHINESE PERSONS.

       (a) Classified Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on theft of 
     intellectual property conducted by Chinese persons.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An identification of the United States entities from 
     which a Chinese person has conducted theft of intellectual 
     property.
       (B) For each United States entity identified under 
     subparagraph (A), to the extent practicable--
       (i) a description of the type of intellectual property 
     theft;
       (ii) an assessment of whether the theft made the United 
     States entity vulnerable or unable to compete;
       (iii) an identification of the Chinese person or Chinese 
     persons that conducted the theft; and
       (iv) an identification of any Chinese person that is using 
     or has used the stolen intellectual property in commercial 
     activity in Australia, Canada, the European Union, Japan, New 
     Zealand, South Korea, the United Kingdom, or the United 
     States.
       (C) An identification of United States entities that have 
     gone out of business in part due to theft of intellectual 
     property conducted by Chinese persons.
       (3) Intellectual property theft related to covid-19 
     response.--The report required by paragraph (1) shall 
     highlight and detail any theft of intellectual property by a 
     Chinese person relating to efforts to prevent, prepare for, 
     or respond to the 2019 Novel

[[Page S3482]]

     Coronavirus, including with respect to medical treatments, 
     personal protective equipment, diagnostic tests, 
     therapeutics, vaccines, or any other medical countermeasure 
     used in the mitigation of the 2019 Novel Coronavirus.
       (4) Form.--The report required by paragraph (1) shall be 
     submitted in classified form.
       (b) Unclassified Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress and make available to 
     the public an unclassified report on theft of intellectual 
     property conducted by Chinese persons.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An identification of any Chinese person that--
       (i) has conducted theft of intellectual property from one 
     or more United States entities; or
       (ii) is using or has used intellectual property stolen by a 
     Chinese person in commercial activity in Australia, Canada, 
     the European Union, Japan, New Zealand, South Korea, the 
     United Kingdom, or the United States.
       (B) A general description of the intellectual property 
     involved.
       (C) For each Chinese person identified under subparagraph 
     (A), an assessment of whether that person is using or has 
     used the stolen intellectual property in commercial activity 
     in Australia, Canada, the European Union, Japan, New Zealand, 
     South Korea, the United Kingdom, or the United States.
       (D) An assessment regarding whether any theft of 
     intellectual property by a Chinese person described in the 
     report is related to efforts to prevent, prepare for, or 
     respond to the 2019 Novel Coronavirus, including with respect 
     to medical treatments, personal protective equipment, 
     diagnostic tests, therapeutics, vaccines, or any other 
     medical countermeasure used in the mitigation of the 2019 
     Novel Coronavirus.
       (c) Definitions.--In this section:
       (1) Agency or instrumentality of the government of the 
     people's republic of china.--The term ``agency or 
     instrumentality of the Government of the People's Republic of 
     China'' means any entity--
       (A) that is a separate legal person, corporate or 
     otherwise;
       (B) that is an organ of the Government of the People's 
     Republic of China or a political subdivision thereof, or a 
     majority of whose shares or other ownership interest is owned 
     by that government or a political subdivision thereof; and
       (C) that is neither a citizen of the United States, nor 
     created under the laws of any third country.
       (2) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China;
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China; or
       (C) the Government of the People's Republic of China or any 
     agency or instrumentality of the Government of the People's 
     Republic of China.
       (3) Commercial activity.--The term ``commercial activity'' 
     means either a regular course of commercial conduct or a 
     particular commercial transaction or act. The commercial 
     character of an activity shall be determined by reference to 
     the nature of the course of conduct or particular transaction 
     or act, rather than by reference to its purpose.
       (4) Intellectual property.--The term ``intellectual 
     property'' means--
       (A) any work protected by a copyright under title 17, 
     United States Code;
       (B) any property protected by a patent granted by the 
     United States Patent and Trademark Office under title 35, 
     United States Code;
       (C) any word, name, symbol, or device, or any combination 
     thereof, that is registered as a trademark with the United 
     States Patent and Trademark Office under the Act entitled 
     ``An Act to provide for the registration and protection of 
     trademarks used in commerce, to carry out the provisions of 
     certain international conventions, and for other purposes'', 
     approved July 5, 1946 (commonly known as the ``Lanham Act'' 
     or the ``Trademark Act of 1946'') (15 U.S.C. 1051 et seq.);
       (D) a trade secret (as defined in section 1839 of title 18, 
     United States Code); or
       (E) any other form of intellectual property.
       (5) United states entity.--The term ``United States 
     entity'' means an entity organized under the laws of the 
     United States or any jurisdiction within the United States.
                                 ______
                                 
  SA 2016. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XVI, add the following:

     SEC. ___. UPDATE ON COMPTROLLER GENERAL OF THE UNITED STATES 
                   REPORT ON WEAPON SYSTEMS CYBERSECURITY.

       (a) Update Required.--Not later than one year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to Congress an update to the 
     October 2018 report of the Comptroller General entitled 
     ``Weapon Systems Cybersecurity''.
       (b) Contents.--The update required by subsection (a) shall 
     include the following:
       (1) Recommendations to minimize cyber vulnerabilities in 
     weapon systems.
       (2) A proposed timeline for implementing such 
     recommendations.
       (c) Form.--The update submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 2017. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1287. MONITORING MINERAL INVESTMENTS UNDER BELT AND ROAD 
                   INITIATIVE OF PEOPLE'S REPUBLIC OF CHINA.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Director of National 
     Intelligence, in consultation with the Secretary of Interior, 
     the Secretary of Energy, the Secretary of State, the 
     Secretary of Defense, the Secretary of Commerce, and the 
     United States Trade Representative, shall submit to the 
     appropriate congressional committees a report on investments 
     in minerals under the Belt and Road Initiative of the 
     People's Republic of China that includes an assessment of--
       (1) notable past mineral investments;
       (2) whether and how such investments have increased the 
     extent of control of minerals by the People's Republic of 
     China;
       (3) any efforts by the People's Republic of China to 
     counter or interfere with the goals of the Energy Resource 
     Governance Initiative of the Department of State; and
       (4) the strategy of the People's Republic of China with 
     respect to mineral investments.
       (b) Monitoring Mechanism.--In conjunction with each report 
     required by subsection (a), the Director shall submit to the 
     appropriate congressional committees a list of any minerals 
     with respect to which--
       (1) the People's Republic of China, directly or through the 
     Belt and Road Initiative--
       (A) is increasing its concentration of extraction and 
     processing;
       (B) is acquiring significant mining and processing 
     facilities;
       (C) is maintaining or increasing export restrictions; or
       (D) has achieved substantial control of the supply of 
     minerals used within an industry or related minerals; or
       (2) there is a significant difference between domestic 
     prices in the People's Republic of China as compared to 
     prices on international markets; or
       (3) there is a significant increase or volatility in price 
     as a result of the Belt and Road Initiative of the People's 
     Republic of China.
       (c) Annual Updates.--The Director shall update the report 
     required by subsection (a) and list required by subsection 
     (b) not less frequently than annually.
       (d) Form.--Each report or list required by this section 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Energy and Natural Resources, the 
     Committee on Foreign Relations, the Committee on Armed 
     Services, the Committee on Finance, the Committee on Homeland 
     Security and Governmental Affairs, and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Energy and Commerce, the Committee on 
     Foreign Affairs, the Committee on Armed Services, the 
     Committee on Ways and Means, the Committee on Homeland 
     Security, and the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 2018. Mr. ROMNEY (for himself and Mr. Lee) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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 X, add the following:

     SEC. 1064. REPORT ON THE CHEMICAL AND BIOLOGICAL DEFENSE 
                   PROGRAM OF THE DEPARTMENT OF DEFENSE.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to

[[Page S3483]]

     the congressional defense committees a report on the Chemical 
     and Biological Defense Program of the Department of Defense.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the significance of the Chemical and 
     Biological Defense Program within the 2018 National Defense 
     Strategy.
       (2) A description and assessment of the threats the 
     Chemical and Biological Defense Program is designed to 
     address.
       (3) An assessment of the capacity of current Chemical and 
     Biological Defense Program facilities to complete their 
     missions if funding levels for the Program are reduced.
       (4) An estimate of the length of time required to return 
     the Chemical and Biological Defense Program to its current 
     capacity if funding levels reduced for the Program as 
     described in paragraph (3) are restored.
       (5) An assessment of the threat posed to members of the 
     Armed Forces as a result of a reduction in testing of gear 
     for field readiness by the Chemical and Biological Defense 
     Program by reason of reduced funding levels for the Program.
       (6) A description and assessment of the necessity of Non 
     Traditional Agent Defense Testing under the Chemical and 
     Biological Defense Program for Individual Protection Systems, 
     Collective Protection Systems, field decontamination systems, 
     and chemical agent detectors.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in classified form, available for review by any 
     Member of Congress, but shall include an unclassified 
     summary.
                                 ______
                                 
  SA 2019. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. REPORT ON IMPLICATIONS OF RUSSIA-CHINA GAS 
                   PIPELINE.

       (a) Report Required.--The Director of National Intelligence 
     shall submit to the appropriate committees of Congress a 
     report on the implications for the United States and the 
     allies of the United States of the gas pipeline between 
     Russia and China that was put into use starting in 2019.
       (b) Contents.--The report submitted under subsection (a) 
     shall include an assessment of the following:
       (1) The economic, national security, or energy security 
     implications for the United States of the pipeline described 
     in subsection (a).
       (2) The economic, national security, or energy security 
     implications for Europe of such pipeline.
       (3) Whether such pipeline is part of a trend of cooperation 
     between Russia and China.
       (4) The motivation for such cooperation.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (d) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 2020. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 520. REPORTS ON DIVERSITY AND INCLUSION IN THE ARMED 
                   FORCES.

       (a) Report on Findings of Defense Board on Diversity and 
     Inclusion in the Military.--
       (1) In general.--Upon the completion by the Defense Board 
     on Diversity and Inclusion in the Military of its report on 
     actionable recommendations to increase racial diversity and 
     ensure equal opportunity across all grades of the Armed 
     Forces, the Secretary of Defense shall submit to the 
     Committee on Armed Services of the Senate and the House of 
     Representatives a report on the report of the Defense Board, 
     including the findings and recommendations of the Defense 
     Board.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A comprehensive description of the findings and 
     recommendations of the Defense Board in its report referred 
     to in paragraph (1).
       (B) A comprehensive description of any actionable 
     recommendations of the Defense Board in its report.
       (C) A description of the actions proposed to be undertaken 
     by the Secretary in connection with such recommendations, and 
     a timeline for implementation of such actions.
       (D) A description of the resources used by the Defense 
     Board for its report, and a description and assessment of any 
     shortfalls in such resources for purposes of the Defense 
     Board.
       (b) Report on Defense Advisory Committee on Diversity and 
     Inclusion in the Armed Forces.--
       (1) In general.--At the same time the Secretary of Defense 
     submits the report required by subsection (a), the Secretary 
     shall also submit to the Committee on Armed Services of the 
     Senate and the House of Representatives a report on the 
     Defense Advisory Committee on Diversity and Inclusion in the 
     Armed Forces.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The mission statement or purpose of the Advisory 
     Committee, and any proposed objectives and goals of the 
     Advisory Committee
       (B) A description of current members of the Advisory 
     Committee and the criteria used for selecting members.
       (C) A description of the duties and scope of activities of 
     the Advisory Committee.
       (D) The reporting structure of the Advisory Committee.
       (E) An estimate of the annual operating costs and staff 
     years of the Advisory Committee.
       (F) An estimate of the number and frequency of meetings of 
     the Advisory Committee.
       (G) Any subcommittees, established or proposed, that would 
     support the Advisory Committee.
       (H) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate to extend the 
     term of the Advisory Committee beyond the proposed 
     termination date of the Advisory Committee.
       (c) Report on Current Diversity and Inclusion in the Armed 
     Forces.--
       (1) In general.--At the same time the Secretary of Defense 
     submits the reports required by subsections (a) and (b), the 
     Secretary shall also submit to the Committee on Armed 
     Services of the Senate and the House of Representatives a 
     report on current diversity and inclusion in the Armed 
     Forces.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An identification of the current racial, ethnic, and 
     gender composition of each Armed Force generally.
       (B) An identification of the current racial, ethnic, and 
     gender composition of each Armed Force by grade.
       (C) A comparison of the participation rates of minority 
     populations in officer grades, warrant officer grades, and 
     enlisted member grades in each Armed Force with the 
     percentage of such populations among the general population.
       (D) A comparison of the participation rates of minority 
     populations in each career field in each Armed Force with the 
     percentage of such populations among the general population.
       (E) A comparison among the Armed Forces of the percentage 
     of minority populations in each officer grade above grade O-
     4.
       (F) A comparison among the Armed Forces of the percentage 
     of minority populations in each enlisted grade above grade E-
     6.
       (G) A description and assessment of barriers to minority 
     participation in the Armed Forces in connection with 
     accession, assessment, and training.
       (d) Sense of Senate on Defense Advisory Committee on 
     Diversity and Inclusion in the Armed Forces.--It is the sense 
     of the Senate that the Defense Advisory Committee on 
     Diversity and Inclusion in the Armed Forces--
       (1) should consist of diverse group of individuals, 
     including--
       (A) a general or flag officer from each regular component 
     of the Armed Forces;
       (B) a retired general or flag officer from not fewer than 
     two of the Armed Forces;
       (C) a regular officer of the Armed Forces in a grade O-5 or 
     lower;
       (D) a regular enlisted member of the Armed Forces in a 
     grade E-7 or higher;
       (E) a regular enlisted member of the Armed Forces in a 
     grade E-6 or lower;
       (F) a member of a reserve component of the Armed Forces in 
     any grade;
       (G) a member of the Department of Defense civilian 
     workforce;
       (H) an member of the academic community with expertise in 
     diversity studies; and
       (I) an individual with appropriate expertise in diversity 
     and inclusion;
       (2) should include individuals from a variety of military 
     career paths, including--
       (A) aviation;
       (B) special operations;
       (C) intelligence;
       (D) cyber;
       (E) space; and
       (F) surface warfare;
       (3) should have a membership such that not fewer than 20 
     percent of members possess--
       (A) a firm understanding of the role of mentorship and best 
     practices in finding and utilizing mentors;
       (B) experience and expertise in change of culture of large 
     organizations; or
       (C) experience and expertise in implementation science; and
       (4) should focus on objectives that address--

[[Page S3484]]

       (A) barriers to promotion within the Armed Forces, 
     including development of recommendations on mechanisms to 
     enhance and increase racial diversity and ensure equal 
     opportunity across all grades in the Armed Forces;
       (B) participation of minority officers and senior 
     noncommissioned officers in the Armed Forces, including 
     development of recommendations on mechanisms to enhance and 
     increase such participation;
       (C) recruitment of minority candidates for innovative pre-
     service programs in the Junior Reserve Officers' Training 
     Corps (JROTC), Senior Reserve Officers' Training Corps 
     (SROTC), and military service academies, including programs 
     in connection with flight instruction, special operations, 
     and national security, including development of 
     recommendations on mechanisms to enhance and increase such 
     recruitment;
       (D) retention of minority individuals in senior leadership 
     and mentorship positions in the Armed Forces, including 
     development of recommendations on mechanisms to enhance and 
     increase such retention; and
       (E) achievement of cultural and ethnic diversity in 
     recruitment for the Armed Forces, including development of 
     recommendations on mechanisms to enhance and increase such 
     diversity in recruitment.
                                 ______
                                 
  SA 2021. Mr. SULLIVAN (for himself and Mr. Jones) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 X, add the following:

     SEC. ___. EVALUATION AND REPORT ON ESTABLISHMENT OF A 
                   HEALTHCARE READY RESERVE FORCE.

       (a) Evaluation Required.--Not later than December 31, 2021, 
     the Secretary of Defense shall conduct an evaluation of 
     options for establishing a healthcare ready reserve force, in 
     times of war and during public health and other national 
     emergencies, in order--
       (1) to enhance and facilitate the medical capabilities of 
     the Armed Forces, including training for such capabilities;
       (2) to provide for a surge in medical capabilities for the 
     Armed Forces;
       (3) to act as a reserve force of medical expertise for the 
     Nation during public health or other national emergencies;
       (4) to provide a training platform on medical and health 
     care skills and capabilities if called upon by the Secretary; 
     and
       (5) to provide a strategic reserve of health care knowledge 
     and skills for the Armed Forces or the Nation.
       (b) Elements.--The evaluation conducted under subsection 
     (a) shall include an assessment of the following:
       (1) The capabilities and deficiencies in military and 
     civilian personnel with needed medical expertise, and the 
     quantity of personnel with such expertise, in the Department 
     of Defense.
       (2) The potential for a uniformed, civilian, or mixed 
     healthcare ready reserve force to remedy shortfalls in 
     expertise and capacity in the Department and for the Nation.
       (3) The ability of the Department to attract personnel with 
     the desired expertise to a uniformed or civilian healthcare 
     ready reserve force.
       (4) The number of personnel, the level of funding, and the 
     composition of a healthcare ready reserve force that would be 
     required for purposes described in subsection (a).
       (5) Proposed means to facilitate the rapid training of 
     health care professionals in a healthcare ready reserve force 
     through the Medical and Education Training Campus (METC) of 
     the Defense Health Agency, including through one or both of 
     the following:
       (A) The Medical and Education Training Campus Bridge 
     Partners program.
       (B) Partnerships with other accredited institutions of 
     higher education.
       (6) A rapid mobilization training plan for a healthcare 
     ready reserve force, including--
       (A) a specialized curriculum for each medical specialty to 
     be maintained within such force, including initial training 
     elements and future currency requirements;
       (B) an identification of the pool of instructors to provide 
     training for members of such force; and
       (C) a description of the in-person and online educational 
     requirements to be satisfied by members of such force, and a 
     strategy to maximize the use of online training in connection 
     with such requirements.
       (7) Alternative models for establishing a healthcare ready 
     reserve force, including the following:
       (A) A nontraditional uniformed military reserve component, 
     with respect to drilling and other requirements such as 
     grooming and physical fitness.
       (B) One or more nontraditional civilian healthcare ready 
     reserves.
       (C) Partnership with the Ready Reserve Corps of the United 
     States Public Health Service.
       (8) The impact of a uniformed military healthcare ready 
     reserve on regular and existing reserve forces, including 
     with respect to the following:
       (A) Recruitment.
       (B) Promotion.
       (C) Retention.
       (9) The impact of a civilian healthcare ready reserve on 
     regular and existing reserve forces, and on healthcare 
     delivery in the private sector.
       (10) Areas of potential collaboration with similar entities 
     within the Federal Government.
       (11) The authorities, manpower authorizations, and 
     resources the Secretary of Defense considers necessary for 
     the establishment and maintenance of a healthcare ready 
     reserve force.
       (12) Any other matters the Secretary considers appropriate.
       (c) Report.--Not later than 180 days after the enactment of 
     this Act, the Secretary shall submit to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on the evaluation conducted under subsection (a).
                                 ______
                                 
  SA 2022. Mr. SULLIVAN (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title VII, add the following:

     SEC. ___. AUTHORITY TO PLAN, DESIGN, AND CONSTRUCT, OR LEASE, 
                   SHARED MEDICAL FACILITIES.

       (a) In General.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1104 the 
     following new section:

     ``Sec. 1104a. Shared medical facilities with the Department 
       of Veterans Affairs

       ``(a) Agreements.--The Secretary of Defense and the 
     Secretary of Veterans Affairs may enter into agreements with 
     each other for the planning, design, and construction, or 
     leasing, of facilities to be operated as shared medical 
     facilities.
       ``(b) Transfer of Amounts by Secretary of Defense.--(1) The 
     Secretary of Defense may transfer to the Secretary of 
     Veterans Affairs amounts as follows:
       ``(A) Amounts, not in excess of the amount authorized by 
     law for an unspecified minor military construction project, 
     for the construction of a shared medical facility if--
       ``(i) the amount of the share of the Department of Defense 
     for the estimated cost of the project does not exceed the 
     amount specified in subsection (a)(2) of section 2805 of this 
     title; and
       ``(ii) the other requirements of such section have been met 
     with respect to amounts identified for transfer.
       ``(B) Amounts appropriated for the Defense Health Program 
     for the purpose of the planning, design, and construction, or 
     the leasing of space, for a shared medical facility.
       ``(2) The authority to transfer amounts under this section 
     is in addition to any other authority to transfer amounts 
     available to the Secretary of Defense.
       ``(3) Section 2215 of this title does not apply to a 
     transfer of funds under this subsection.
       ``(c) Transfer of Amounts by Secretary of Veterans 
     Affairs.--The Secretary of Veterans Affairs may transfer to 
     the Secretary of Defense amounts as follows:
       ``(1) Amounts appropriated to the Secretary of Veterans 
     Affairs for `Construction, minor projects' for use for the 
     planning, design, or construction of a shared medical 
     facility if the amount of the share of the Department of 
     Veterans Affairs for the estimated cost of the project does 
     not exceed the amount specified in section 8104(a)(3)(A) of 
     title 38.
       ``(2) Amounts appropriated to the Secretary of Veterans 
     Affairs for `Construction, major projects' for use for the 
     planning, design, or construction of a shared medical 
     facility if--
       ``(A) the amount of the share of the Department of Veterans 
     Affairs for the estimated cost of the project exceeds the 
     amount specified in subsection (a)(3)(A) of section 8104 of 
     title 38; and
       ``(B) the other requirements of such section have been met 
     with respect to amounts identified for transfer.
       ``(3) Amounts appropriated to the applicable appropriation 
     account of the Department of Veterans Affairs for the purpose 
     of leasing space for a shared medical facility if the amount 
     of the share of the Department of Veterans Affairs for the 
     estimated cost of the project does not exceed the amount 
     specified in section 8104(a)(3)(B) of title 38.
       ``(d) Receipt of Amounts by Secretary of Defense.--(1) Any 
     amount transferred to the Secretary of Defense by the 
     Secretary of Veterans Affairs for necessary expenses for the 
     planning, design, and construction of a shared medical 
     facility, if the amount of the share of the Department of 
     Defense for the cost of such project does not exceed the 
     amount specified in section 2805(a)(2) of this title, may be 
     credited to accounts of the Department of Defense available 
     for the construction of a shared medical facility.
       ``(2) Any amount transferred to the Secretary of Defense by 
     the Secretary of Veterans Affairs for the purpose of the 
     planning and design, or the leasing of space, for a shared 
     medical facility may be credited to accounts of the 
     Department of Defense available for such purposes, and may be 
     used for such purposes.

[[Page S3485]]

       ``(3) Using accounts credited with transfers from the 
     Secretary of Veterans Affairs under paragraph (1), the 
     Secretary of Defense may carry out unspecified minor military 
     construction projects, if the share of the Department of 
     Defense for the cost of such project does not exceed the 
     amount specified in section 2805(a)(2) of this title.
       ``(e) Receipt of Amounts by Secretary of Veterans 
     Affairs.--(1) Any amount transferred to the Secretary of 
     Veterans Affairs by the Secretary of Defense for necessary 
     expenses for the planning, design, and construction of a 
     shared medical facility, if the amount of the share of the 
     Department of Veterans Affairs for the cost of such project 
     does not exceed the amount specified in section 8104(a)(3)(A) 
     of title 38, may be credited to the `Construction, minor 
     projects' account of the Department of Veterans Affairs and 
     used for the necessary expenses of constructing such shared 
     medical facility.
       ``(2) Any amount transferred to the Secretary of Veterans 
     Affairs by the Secretary of Defense for necessary expenses 
     for the planning, design, and construction of a shared 
     medical facility, if the amount of the share of the 
     Department of Veterans Affairs for the cost of such project 
     exceeds the amount specified in subsection (a)(3)(A) of 
     section 8104 of title 38, may be credited to the 
     `Construction, major projects' account of the Department of 
     Veterans Affairs and used for the necessary expenses of 
     constructing such shared medical facility if the other 
     requirements of such section have been met with respect to 
     amounts identified for transfer.
       ``(3) Any amount transferred to the Secretary of Veterans 
     Affairs by the Secretary of Defense for the purpose of 
     leasing space for a shared medical facility may be credited 
     to accounts of the Department of Veterans Affairs available 
     for such purposes, and may be used for such purposes.
       ``(f) Merger of Amounts Transferred.--Any amount 
     transferred under this section shall be merged with, and be 
     available for the same purposes and the same time period as, 
     the appropriation or fund to which transferred.
       ``(g) Shared Medical Facility Defined.--(1) In this 
     section, the term `shared medical facility' means a building 
     or buildings, or a campus, intended to be used by both the 
     Department of Defense and the Department of Veterans Affairs 
     for the provision of health care services, whether under the 
     jurisdiction of the Secretary of Defense or the Secretary of 
     Veterans Affairs, and whether or not located on a military 
     installation or on real property under the jurisdiction of 
     the Secretary of Veterans Affairs.
       ``(2) Such term includes any necessary building and 
     auxiliary structure, garage, parking facility, mechanical 
     equipment, abutting sidewalks, and accommodations for 
     attending personnel.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 1104 the following new 
     item:

``1104a. Shared medical facilities with the Department of Veterans 
              Affairs.''.
                                 ______
                                 
  SA 2023. Ms. COLLINS (for herself and Mr. King) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 I, insert the following:

     SEC. ___. LIMITATION ON ALTERATION OF NAVY FLEET MIX.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States shipbuilding and supporting vendor 
     base constitute a national security imperative that is unique 
     and must be protected;
       (2) a healthy and efficient industrial base continues to be 
     a fundamental driver for achieving and sustaining a 
     successful shipbuilding procurement strategy;
       (3) without consistent and continuous commitment to steady 
     and predictable acquisition profiles, the industrial base 
     will struggle and some elements may not survive; and
       (4) proposed reductions in the future-years defense program 
     to the DDG-51 Destroyer procurement profile without a clear 
     transition to procurement of the next Large Surface Combatant 
     would adversely affect the shipbuilding industrial base and 
     long-term strategic objectives of the Navy.
       (b) Limitation.--
       (1) In general.--The Secretary of the Navy may not deviate 
     from the 2016 Navy Force Structure Assessment to implement 
     the results of a new force structure assessment or new annual 
     long-range plan for construction of naval vessels that would 
     reduce the requirement for Large Surface Combatants to fewer 
     than 104 such vessels until the date on which the Secretary 
     of the Navy submits to the congressional defense committees 
     the certification under paragraph (1) and the report under 
     subsection (c).
       (2) Certification.--The certification referred to in 
     paragraph (1) is a certification, in writing, that each of 
     the following conditions have been satisfied:
       (A) The large surface combatant shipbuilding industrial 
     base and supporting vendor base would not significantly 
     deteriorate due to a reduced procurement profile.
       (B) The Navy can mitigate the reduction in anti-air and 
     ballistic missile defense capabilities due to having a 
     reduced number of DDG-51 Destroyers with the advanced AN/SPY-
     6 radar in the next three decades.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of the Navy shall submit 
     to the congressional defense committees a report that 
     includes--
       (1) a description of likely detrimental impacts to the 
     large surface combatant industrial base and the Navy's plan 
     to mitigate any such impacts if the fiscal year 2021 future-
     years defense program were implemented as proposed;
       (2) a review of the benefits to the Navy fleet of the new 
     AN/SPY-6 radar to be deployed aboard Flight III variant DDG-
     51 Destroyers, which are currently under construction, as 
     well as an analysis of impacts to the fleet's warfighting 
     capabilities, should the number of such destroyers be 
     reduced; and
       (3) a plan to fully implement section 131 of the National 
     Defense Authorization for Fiscal Year 2020 (Public Law 116-
     92), including subsystem prototyping efforts and funding by 
     fiscal year.
                                 ______
                                 
  SA 2024. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. FEASIBILITY STUDY ON INCREASED ROTATIONAL 
                   DEPLOYMENTS TO GREECE AND ENHANCEMENT OF UNITED 
                   STATES-GREECE DIPLOMATIC ENGAGEMENT.

       (a) Feasibility Study.--
       (1) In general.--The Secretary of Defense shall conduct a 
     study on the feasibility of increased rotational deployments 
     of members of the Armed Forces to Greece, including to Souda 
     Bay, Alexandroupoli, Larissa, Volos, and Stefanovikeio.
       (2) Element.--The study required by paragraph (1) shall 
     include an evaluation of any infrastructure investment 
     necessary to support such increased rotational deployments.
       (3) Report to congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the congressional defense committees a report on the 
     results of the study required by paragraph (1).
       (b) Diplomatic Engagement.--The Secretary of State shall 
     ensure the persistent United States diplomatic engagement 
     with respect to the Greece-Cyprus-Israel and Greece-Cyprus-
     Egypt trilateral agreements beyond the occasional 
     participation of United States diplomats in the regular 
     summits of the countries party to such agreements.
                                 ______
                                 
  SA 2025. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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:

            TITLE __--STOP MILITARIZING LAW ENFORCEMENT ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Stop Militarizing Law 
     Enforcement Act''.

     SEC. _02. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT OF 
                   DEFENSE PERSONAL PROPERTY TO FEDERAL AND STATE 
                   LAW ENFORCEMENT AGENCIES.

       (a) Additional Limitations.--
       (1) In general.--Section 2576a of title 10, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``subsection (b)'' and inserting ``the provisions of this 
     section''; and
       (II) in subparagraph (A), by striking ``, including 
     counter-drug and counterterrorism activities''; and

       (ii) in paragraph (2), by striking ``and the Director of 
     National Drug Control Policy'';
       (B) in subsection (b)--
       (i) in paragraph (5), by striking ``and'' at the end;
       (ii) in paragraph (6), by striking the period and inserting 
     a semicolon; and
       (iii) by adding at the end the following new paragraphs:
       ``(7) the recipient certifies to the Department of Defense 
     that it has the personnel and technical capacity, including 
     training, to operate the property; and

[[Page S3486]]

       ``(8) the recipient certifies to the Department of Defense 
     that if the recipient determines that the property is surplus 
     to the needs of the recipient, the recipient will return the 
     property to the Department of Defense.'';
       (C) by striking subsections (d), (e), and (f); and
       (D) by adding at the end the following:
       ``(d) Limitations on Transfers.--The Secretary of Defense 
     may not transfer under this section any property as follows:
       ``(1) Weapons, weapon parts, and weapon components, 
     including camouflage and deception equipment, and optical 
     sights.
       ``(2) Weapon system specific vehicular accessories.
       ``(3) Demolition materials.
       ``(4) Explosive ordinance.
       ``(5) Night vision equipment.
       ``(6) Tactical clothing, including uniform clothing and 
     footwear items, special purpose clothing items, and 
     specialized flight clothing and accessories.
       ``(7) Drones.
       ``(8) Combat, assault, and tactical vehicles, including 
     Mine-Resistant Ambush Protected (MRAP) vehicles.
       ``(9) Training aids and devices.
       ``(10) Firearms of .50 caliber or higher, ammunition of .50 
     caliber or higher, grenade launchers, flash grenades, and 
     bayonets.
       ``(e) Approval by Law Required for Transfer of Property Not 
     Previously Transferrable.--(1) In the event the Secretary of 
     Defense proposes to make available for transfer under this 
     section any property of the Department of Defense not 
     previously made available for transfer under this section, 
     the Secretary shall submit to the appropriate committees of 
     Congress a report setting forth the following:
       ``(A) A description of the property proposed to be made 
     available for transfer.
       ``(B) A description of the conditions, if any, to be 
     imposed on use of the property after transfer.
       ``(C) A certification that transfer of the property would 
     not violate a provision of this section or any other 
     provision of law.
       ``(2) The Secretary may not transfer any property covered 
     by a report under this subsection unless authorized by a law 
     enacted by Congress after the date of the receipt of the 
     report by Congress.
       ``(f) Annual Certification Accounting for Transferred 
     Property.--(1) The Secretary of Defense shall submit to the 
     appropriate committees of Congress each year a certification 
     in writing that each recipient to which the Secretary has 
     transferred property under this section during the preceding 
     fiscal year--
       ``(A) has provided to the Secretary documentation 
     accounting for all property the Secretary has previously 
     transferred to such recipient under this section; and
       ``(B) has complied with paragraphs (7) and (8) of 
     subsection (b) with respect to the property so transferred 
     during such fiscal year.
       ``(2) If the Secretary cannot provide a certification under 
     paragraph (1) for a recipient, the Secretary may not transfer 
     additional property to such recipient under this section, 
     effective as of the date on which the Secretary would 
     otherwise make the certification under this subsection, and 
     such recipient shall be suspended or terminated from further 
     receipt of property under this section.
       ``(g) Conditions for Extension of Program.--Notwithstanding 
     any other provision of law, amounts authorized to be 
     appropriated or otherwise made available for any fiscal year 
     may not be obligated or expended to carry out this section 
     unless the Secretary submits to the appropriate committees of 
     Congress a certification that for the preceding fiscal year 
     that--
       ``(1) each recipient agency that has received property 
     under this section has--
       ``(A) demonstrated 100 percent accountability for all such 
     property, in accordance with paragraph (2) or (3), as 
     applicable; or
       ``(B) been suspended or terminated from the program 
     pursuant to paragraph (4);
       ``(2) with respect to each non-Federal agency that has 
     received property under this section, the State Coordinator 
     responsible for each such agency has verified that the State 
     Coordinator or an agent of the State Coordinator has 
     conducted an in-person inventory of the property transferred 
     to the agency and that 100 percent of such property was 
     accounted for during the inventory or that the agency has 
     been suspended or terminated from the program pursuant to 
     paragraph (4);
       ``(3) with respect to each Federal agency that has received 
     property under this section, the Secretary of Defense or an 
     agent of the Secretary has conducted an in-person inventory 
     of the property transferred to the agency and that 100 
     percent of such property was accounted for during the 
     inventory or that the agency has been suspended or terminated 
     from the program pursuant to paragraph (4);
       ``(4) the eligibility of any agency that has received 
     property under this section for which 100 percent of the 
     equipment was not accounted for during an inventory described 
     in paragraph (2) or (3), as applicable, to receive property 
     transferred under this section has been suspended or 
     terminated;
       ``(5) each State Coordinator has certified, for each non-
     Federal agency located in the State for which the State 
     Coordinator is responsible that--
       ``(A) the agency has complied with all requirements under 
     this section; or
       ``(B) the eligibility of the agency to receive property 
     transferred under this section has been suspended or 
     terminated; and
       ``(6) the Secretary of Defense has certified, for each 
     Federal agency that has received property under this section 
     that--
       ``(A) the agency has complied with all requirements under 
     this section; or
       ``(B) the eligibility of the agency to receive property 
     transferred under this section has been suspended or 
     terminated.
       ``(h) Website.--The Defense Logistics Agency shall 
     maintain, and update on a quarterly basis, an Internet 
     website on which the following information shall be made 
     publicly available in a searchable format:
       ``(1) A description of each transfer made under this 
     section, including transfers made before the date of the 
     enactment of the Stop Militarizing Law Enforcement Act, set 
     forth by State, county, and recipient agency, and including 
     item name, item type, item model, and quantity.
       ``(2) A list of all property transferred under this section 
     that is not accounted for by the Defense Logistics Agency, 
     including--
       ``(A) the name of the State, county, and recipient agency;
       ``(B) the item name, item type, and item model;
       ``(C) the date on which such property became unaccounted 
     for by the Defense Logistics Agency; and
       ``(D) the current status of such item.
       ``(3) A list of each agency suspended or terminated from 
     further receipt of property under this section, including 
     State, county, and agency, and the reason for and duration of 
     such suspension or termination.
       ``(i) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       ``(2) The term `agent of a State Coordinator' means any 
     individual to whom a State Coordinator formally delegates 
     responsibilities for the duties of the State Coordinator to 
     conduct inventories described in subsection (g)(2).
       ``(3) The term `controlled property' means any item 
     assigned a demilitarization code of B, C, D, E, G, or Q under 
     Department of Defense Manual 4160.21-M, `Defense Materiel 
     Disposition Manual', or any successor document.
       ``(4) The term `State Coordinator', with respect to a 
     State, means the individual appointed by the governor of the 
     State to maintain property accountability records and oversee 
     property use by the State.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (b) Return of Property to Department of Defense.--Not later 
     than one year after the date of the enactment of this Act, 
     each Federal or State agency to which property described by 
     subsection (d) of section 2576a of title 10, United States 
     Code (as added by subsection (a)(1) of this section), was 
     transferred before the date of the enactment of this Act 
     shall return such property to the Defense Logistics Agency on 
     behalf of the Department of Defense.

     SEC. _03. USE OF DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS 
                   GRANT FUNDS.

       (a) Definitions.--In this section--
       (1) the term ``Agency'' means the Federal Emergency 
     Management Agency; and
       (2) the term ``preparedness grant program'' includes--
       (A) the Urban Area Security Initiative authorized under 
     section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 
     604);
       (B) the State Homeland Security Grant Program authorized 
     under section 2004 of the Homeland Security Act of 2002 (6 
     U.S.C. 605);
       (C) the Port Security Grant Program authorized under 
     section 70107 of title 46, United States Code; and
       (D) any other non-disaster preparedness grant program of 
     the Agency.
       (b) Limitation.--The Agency may not permit awards under a 
     preparedness grant program to be used to buy, maintain, or 
     alter--
       (1) explosive entry equipment;
       (2) canines (other than bomb-sniffing canines for agencies 
     with certified bomb technicians or for use in search and 
     rescue operations);
       (3) tactical or armored vehicles;
       (4) long-range hailing and warning devices;
       (5) tactical entry equipment (other than for use by 
     specialized teams such as Accredited Bomb Squads, Tactical 
     Entry, or Special Weapons and Tactics (SWAT) Teams); or
       (6) firearms of .50 caliber or higher, ammunition of .50 
     caliber or higher, grenade launchers, flash grenades, or 
     bayonets.
       (c) Review of Prior Receipt of Property Before Award.--In 
     making an award under a preparedness grant program, the 
     Agency shall--
       (1) determine whether the awardee has already received, and 
     still retains, property from the Department of Defense 
     pursuant to section 2576a of title 10, United States Code, 
     including through review of the website maintained by the 
     Defense Logistics Agency pursuant to subsection (h) of such 
     section (as added by section _02(a)(1) of this Act);
       (2) require that the award may not be used by the awardee 
     to procure or obtain property determined to be retained by 
     the awardee pursuant to paragraph (1); and

[[Page S3487]]

       (3) require that the award only be used to procure or 
     obtain property in accordance with use restrictions contained 
     within the Agency's State and Local Preparedness Grant 
     Programs' Authorized Equipment List.
       (d) Use of Grant Program Funds for Required Return of 
     Property to DoD.--Notwithstanding any other provision of law, 
     the use of funds by a State or local agency to return to the 
     Department of Defense property transferred to such State or 
     local agency pursuant to section 2676a of title 10, United 
     States Code, as such return is required by section _02(b) of 
     this Act, shall be an allowable use of preparedness grant 
     program funds by such agency.
       (e) Accountability Measures.--
       (1) Audit of use of preparedness grant funds.--Not later 
     than one year after the date of the enactment of this Act, 
     the Comptroller General of the United States shall conduct an 
     audit covering the period of fiscal year 2010 through the 
     current fiscal year on the use of preparedness grant program 
     funds. The audit shall assess how funds have been used to 
     procure equipment, how the equipment has been used, and 
     whether the grant awards have furthered the Agency's goal of 
     improving the preparedness of State and local communities.
       (2) Annual accounting of use of award funds.--Not later 
     than one year after the date of the enactment of this Act, 
     the Agency shall develop and implement a system of accounting 
     on an annual basis how preparedness grant program funds have 
     been used to procure equipment, how the equipment has been 
     used, whether grantees have complied with restrictions on the 
     use of equipment contained with the Authorized Equipment 
     List, and whether the awards have furthered the Agency's goal 
     of enhancing the capabilities of State agencies to prevent, 
     deter, respond to, and recover from terrorist attacks, major 
     disasters, and other emergencies.

     SEC. _04. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 
                   GRANT FUNDS.

       (a) Limitation.--Section 501(d) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10152(d)) is amended by adding at the end the following:
       ``(3) The purchase, maintenance, alteration, or operation 
     of--
       ``(A) lethal weapons; or
       ``(B) less-lethal weapons.''.
       (b) Use of Grant Funds for Required Return of Property to 
     DoD.--Notwithstanding any other provision of law, the use of 
     funds by a State agency or unit of local government to return 
     to the Department of Defense property transferred to such 
     agency or unit of local government pursuant to section 2676a 
     of title 10, United States Code, as such return is required 
     by section _02(b) of this Act, shall be an allowable use of 
     grant amounts under the Edward Byrne Memorial Justice 
     Assistance Grant Program.

     SEC. _05. COMPTROLLER GENERAL REPORT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Comptroller General of the United States shall submit to 
     Congress a report on Federal agencies, including offices of 
     Inspector General for Federal agencies, that have specialized 
     units that receive special tactical or military-style 
     training or use hard-plated body armor, shields, or helmets 
     and that respond to high-risk situations that fall outside 
     the capabilities of regular law enforcement officers, 
     including any special weapons and tactics (SWAT) team, 
     tactical response teams, special events teams, special 
     response teams, or active shooter teams.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of each specialized unit described under 
     such subsection.
       (2) A description of the training and weapons of each such 
     unit.
       (3) The criteria for activating each such unit and how 
     often each such unit was activated for each year of the 
     previous ten years.
       (4) An estimate of the annual cost of equipping and 
     operating each such unit.
       (5) Any other information that is relevant to understanding 
     the usefulness and justification for the units.
                                 ______
                                 
  SA 2026. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. USE FOR DEVELOPMENT OF FINANCIAL MANAGEMENT SYSTEMS 
                   AND RETIREMENT OF LEGACY FINANCIAL MANAGEMENT 
                   SYSTEMS OF AMOUNTS OTHERWISE AVAILABLE FOR 
                   AUDITS OF FINANCIAL STATEMENT.

       (a) Prohibition on Use of Funds for Audits.--Amounts 
     authorized to appropriated by this Act and available for the 
     Department of Defense for purposes in connection with the 
     audit of the full financial statements of the Department for 
     fiscal year 2021 may not be obligated or expended for such 
     purposes.
       (b) Use in Connection With Financial Management Systems.--
     Amounts described in subsection (a), namely $190,000,000, 
     shall be available instead for obligation and expenditure for 
     the development of fully integrated financial management 
     systems for the Department and the retirement of legacy 
     financial management systems of the Department.
                                 ______
                                 
  SA 2027. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 IX, add the following:

     SEC. ___. LIMITATION ON AMOUNT AVAILABLE FOR TRAVEL OF 
                   DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 
                   PERSONNEL.

       The total amount obligated or expended in fiscal year 2021 
     for travel of Department of Defense Education Activity 
     (DoDEA) personnel may not exceed $9,000,000.
                                 ______
                                 
  SA 2028. Mr. GRASSLEY (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1003. REPORT TO CONGRESS ON CERTAIN EFFORTS IN 
                   CONNECTION WITH THE FINANCIAL MANAGEMENT 
                   SYSTEMS OF THE DEPARTMENT OF DEFENSE.

       (a) Report Required.--No later than 120 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on the progress of the Department 
     of the Defense in--
       (1) retiring legacy financial management systems; and
       (2) obtaining or developing a fully-integrated, United 
     States Standard General Ledger (USSGL)-compliant financial 
     management system or systems.
       (b) Elements.--The report required by subsection (a) shall 
     include following:
       (1) The name of each financial management system in use by 
     the Department of Defense.
       (2) The anticipated date of retirement for each such system 
     planned to be retired.
       (3) A summary of the retirement plan for any system that 
     will be retired, including the manner in which data in such 
     system will be transferred to a different system.
       (4) In the case of a system that is not planned for 
     retirement, a justification of the determination not to 
     retire such system.
       (5) The average aggregate amount spent by the Department on 
     operating and maintaining legacy financial management systems 
     during the five fiscal years ending with fiscal year 2020.
       (6) The average aggregate amount spent by the Department on 
     acquiring or developing new financial management systems 
     during such five fiscal years.
                                 ______
                                 
  SA 2029. Mr. RISCH (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 XXXI, add the following:

     SEC. 3168. MINERAL SECURITY.

       (a) Definitions.--In this section:
       (1) Byproduct.--The term ``byproduct'' means a critical 
     mineral--
       (A) the recovery of which depends on the production of a 
     host mineral that is not designated as a critical mineral; 
     and
       (B) that exists in sufficient quantities to be recovered 
     during processing or refining.
       (2) Critical mineral.--
       (A) In general.--The term ``critical mineral'' means any 
     mineral, element, substance, or material designated as 
     critical by the Secretary under subsection (c).
       (B) Exclusions.--The term ``critical mineral'' does not 
     include--
       (i) fuel minerals, including oil, natural gas, or any other 
     fossil fuels; or
       (ii) water, ice, or snow.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;

[[Page S3488]]

       (F) the Commonwealth of the Northern Mariana Islands; and
       (G) the United States Virgin Islands.
       (b) Policy.--
       (1) In general.--Section 3 of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1602) is amended in the second sentence--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) establish an analytical and forecasting capability 
     for identifying critical mineral demand, supply, and other 
     factors to allow informed actions to be taken to avoid supply 
     shortages, mitigate price volatility, and prepare for demand 
     growth and other market shifts;'';
       (B) in paragraph (6), by striking ``and'' after the 
     semicolon at the end; and
       (C) by striking paragraph (7) and inserting the following:
       ``(7) facilitate the availability, development, and 
     environmentally responsible production of domestic resources 
     to meet national material or critical mineral needs;
       ``(8) avoid duplication of effort, prevent unnecessary 
     paperwork, and minimize delays in the administration of 
     applicable laws (including regulations) and the issuance of 
     permits and authorizations necessary to explore for, develop, 
     and produce critical minerals and to construct critical 
     mineral manufacturing facilities in accordance with 
     applicable environmental and land management laws;
       ``(9) strengthen--
       ``(A) educational and research capabilities at not lower 
     than the secondary school level; and
       ``(B) workforce training for exploration and development of 
     critical minerals and critical mineral manufacturing;
       ``(10) bolster international cooperation through technology 
     transfer, information sharing, and other means;
       ``(11) promote the efficient production, use, and recycling 
     of critical minerals;
       ``(12) develop alternatives to critical minerals; and
       ``(13) establish contingencies for the production of, or 
     access to, critical minerals for which viable sources do not 
     exist within the United States.''.
       (2) Conforming amendment.--Section 2(b) of the National 
     Materials and Minerals Policy, Research and Development Act 
     of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As 
     used in this Act, the term'' and inserting the following:
       ``(b) Definitions.--In this Act:
       ``(1) Critical mineral.--The term `critical mineral' means 
     any mineral, element, substance, or material designated as 
     critical by the Secretary under section 3168(c) of the 
     National Defense Authorization Act for Fiscal Year 2021.
       ``(2) Materials.--The term''.
       (c) Critical Mineral Designations.--
       (1) Draft methodology and list.--The Secretary, acting 
     through the Director of the United States Geological Survey 
     (referred to in this subsection as the ``Secretary''), shall 
     publish in the Federal Register for public comment--
       (A) a description of the draft methodology used to identify 
     a draft list of critical minerals;
       (B) a draft list of minerals, elements, substances, and 
     materials that qualify as critical minerals; and
       (C) a draft list of critical minerals recovered as 
     byproducts.
       (2) Availability of data.--If available data is 
     insufficient to provide a quantitative basis for the 
     methodology developed under this subsection, qualitative 
     evidence may be used to the extent necessary.
       (3) Final methodology and list.--After reviewing public 
     comments on the draft methodology and the draft lists 
     published under paragraph (1) and updating the methodology 
     and lists as appropriate, not later than 45 days after the 
     date on which the public comment period with respect to the 
     draft methodology and draft lists closes, the Secretary shall 
     publish in the Federal Register--
       (A) a description of the final methodology for determining 
     which minerals, elements, substances, and materials qualify 
     as critical minerals;
       (B) the final list of critical minerals; and
       (C) the final list of critical minerals recovered as 
     byproducts.
       (4) Designations.--
       (A) In general.--For purposes of carrying out this 
     subsection, the Secretary shall maintain a list of minerals, 
     elements, substances, and materials designated as critical, 
     pursuant to the final methodology published under paragraph 
     (3), that the Secretary determines--
       (i) are essential to the economic or national security of 
     the United States;
       (ii) the supply chain of which is vulnerable to disruption 
     (including restrictions associated with foreign political 
     risk, abrupt demand growth, military conflict, violent 
     unrest, anti-competitive or protectionist behaviors, and 
     other risks throughout the supply chain); and
       (iii) serve an essential function in the manufacturing of a 
     product (including energy technology-, defense-, currency-, 
     agriculture-, consumer electronics-, and health care-related 
     applications), the absence of which would have significant 
     consequences for the economic or national security of the 
     United States.
       (B) Inclusions.--Notwithstanding the criteria under 
     paragraph (3), the Secretary may designate and include on the 
     list any mineral, element, substance, or material determined 
     by another Federal agency to be strategic and critical to the 
     defense or national security of the United States.
       (C) Required consultation.--The Secretary shall consult 
     with the Secretaries of Defense, Commerce, Agriculture, and 
     Energy and the United States Trade Representative in 
     designating minerals, elements, substances, and materials as 
     critical under this paragraph.
       (5) Subsequent review.--
       (A) In general.--The Secretary, in consultation with the 
     Secretaries of Defense, Commerce, Agriculture, and Energy and 
     the United States Trade Representative, shall review the 
     methodology and list under paragraph (3) and the designations 
     under paragraph (4) at least every 3 years, or more 
     frequently as the Secretary considers to be appropriate.
       (B) Revisions.--Subject to paragraph (4)(A), the Secretary 
     may--
       (i) revise the methodology described in this subsection;
       (ii) determine that minerals, elements, substances, and 
     materials previously determined to be critical minerals are 
     no longer critical minerals; and
       (iii) designate additional minerals, elements, substances, 
     or materials as critical minerals.
       (6) Notice.--On finalization of the methodology and the 
     list under paragraph (3), or any revision to the methodology 
     or list under paragraph (5), the Secretary shall submit to 
     Congress written notice of the action.
       (d) Resource Assessment.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, in consultation with applicable State 
     (including geological surveys), local, academic, industry, 
     and other entities, the Secretary (acting through the 
     Director of the United States Geological Survey) or a 
     designee of the Secretary, shall complete a comprehensive 
     national assessment of each critical mineral that--
       (A) identifies and quantifies known critical mineral 
     resources, using all available public and private information 
     and datasets, including exploration histories; and
       (B) provides a quantitative and qualitative assessment of 
     undiscovered critical mineral resources throughout the United 
     States, including probability estimates of tonnage and grade, 
     using all available public and private information and 
     datasets, including exploration histories.
       (2) Supplementary information.--In carrying out this 
     subsection, the Secretary may carry out surveys and field 
     work (including drilling, remote sensing, geophysical 
     surveys, topographical and geological mapping, and 
     geochemical sampling and analysis) to supplement existing 
     information and datasets available for determining the 
     existence of critical minerals in the United States.
       (3) Public access.--Subject to applicable law, to the 
     maximum extent practicable, the Secretary shall make all data 
     and metadata collected from the comprehensive national 
     assessment carried out under paragraph (1) publically and 
     electronically accessible.
       (4) Technical assistance.--At the request of the Governor 
     of a State or the head of an Indian tribe, the Secretary may 
     provide technical assistance to State governments and Indian 
     tribes conducting critical mineral resource assessments on 
     non-Federal land.
       (5) Prioritization.--
       (A) In general.--The Secretary may sequence the completion 
     of resource assessments for each critical mineral such that 
     critical minerals considered to be most critical under the 
     methodology established under subsection (c) are completed 
     first.
       (B) Reporting.--During the period beginning not later than 
     1 year after the date of enactment of this Act and ending on 
     the date of completion of all of the assessments required 
     under this subsection, the Secretary shall submit to Congress 
     on an annual basis an interim report that--
       (i) identifies the sequence and schedule for completion of 
     the assessments if the Secretary sequences the assessments; 
     or
       (ii) describes the progress of the assessments if the 
     Secretary does not sequence the assessments.
       (6) Updates.--The Secretary may periodically update the 
     assessments conducted under this subsection based on--
       (A) the generation of new information or datasets by the 
     Federal Government; or
       (B) the receipt of new information or datasets from 
     critical mineral producers, State geological surveys, 
     academic institutions, trade associations, or other persons.
       (7) Additional surveys.--The Secretary shall complete a 
     resource assessment for each additional mineral or element 
     subsequently designated as a critical mineral under 
     subsection (c)(5)(B) not later than 2 years after the 
     designation of the mineral or element.
       (8) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the status of geological surveying of 
     Federal land for any mineral commodity--
       (A)(i) for which the United States was dependent on a 
     foreign country for more than 25 percent of the United States 
     supply, as depicted in the report issued by the United States 
     Geological Survey entitled ``Mineral Commodity Summaries 
     2020''; but
       (ii) that is not designated as a critical mineral under 
     subsection (c); and

[[Page S3489]]

       (B) that is determined by the Secretary, in coordination 
     with the Secretary of Defense, to have significant strategic 
     value to the United States for national security, defense, or 
     advanced technology purposes.
       (e) Permitting.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) critical minerals are fundamental to the economy, 
     competitiveness, and security of the United States;
       (B) to the maximum extent practicable, the critical mineral 
     needs of the United States should be satisfied by minerals 
     responsibly produced and recycled in the United States; and
       (C) the Federal permitting process has been identified as 
     an impediment to mineral production and the mineral security 
     of the United States.
       (2) Performance improvements.--To improve the quality and 
     timeliness of decisions, the Secretary (acting through the 
     Director of the Bureau of Land Management) and the Secretary 
     of Agriculture (acting through the Chief of the Forest 
     Service) (referred to in this subsection as the 
     ``Secretaries'') shall, to the maximum extent practicable, 
     with respect to critical mineral production on Federal land, 
     complete Federal permitting and review processes with maximum 
     efficiency and effectiveness, while supporting vital economic 
     growth, by--
       (A) establishing and adhering to timelines and schedules 
     for the consideration of, and final decisions regarding, 
     applications, operating plans, leases, licenses, permits, and 
     other use authorizations for mineral-related activities on 
     Federal land;
       (B) establishing clear, quantifiable, and temporal 
     permitting performance goals and tracking progress against 
     those goals;
       (C) engaging in early collaboration among agencies, project 
     sponsors, and affected stakeholders--
       (i) to incorporate and address the interests of those 
     parties; and
       (ii) to minimize delays;
       (D) ensuring transparency and accountability by using cost-
     effective information technology to collect and disseminate 
     information regarding individual projects and agency 
     performance;
       (E) engaging in early and active consultation with State, 
     local, and Indian tribal governments to avoid conflicts or 
     duplication of effort, resolve concerns, and allow for 
     concurrent, rather than sequential, reviews;
       (F) providing demonstrable improvements in the performance 
     of Federal permitting and review processes, including lower 
     costs and more timely decisions;
       (G) expanding and institutionalizing permitting and review 
     process improvements that have proven effective;
       (H) developing mechanisms to better communicate priorities 
     and resolve disputes among agencies at the national, 
     regional, State, and local levels; and
       (I) developing other practices, such as preapplication 
     procedures.
       (3) Review and report.--Not later than 1 year after the 
     date of enactment of this Act, the Secretaries shall submit 
     to Congress a report that--
       (A) identifies additional measures (including regulatory 
     and legislative proposals, as appropriate) that would 
     increase the timeliness of permitting activities for the 
     exploration and development of domestic critical minerals;
       (B) identifies options (including cost recovery paid by 
     permit applicants) for ensuring adequate staffing and 
     training of Federal entities and personnel responsible for 
     the consideration of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land;
       (C) quantifies the amount of time typically required 
     (including range derived from minimum and maximum durations, 
     mean, median, variance, and other statistical measures or 
     representations) to complete each step (including those 
     aspects outside the control of the executive branch, such as 
     judicial review, applicant decisions, or State and local 
     government involvement) associated with the development and 
     processing of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land, which shall serve 
     as a baseline for the performance metric under paragraph (4); 
     and
       (D) describes actions carried out pursuant to paragraph 
     (2).
       (4) Performance metric.--Not later than 90 days after the 
     date of submission of the report under paragraph (3), the 
     Secretaries, after providing public notice and an opportunity 
     to comment, shall develop and publish a performance metric 
     for evaluating the progress made by the executive branch to 
     expedite the permitting of activities that will increase 
     exploration for, and development of, domestic critical 
     minerals, while maintaining environmental standards.
       (5) Annual reports.--Beginning with the first budget 
     submission by the President under section 1105 of title 31, 
     United States Code, after publication of the performance 
     metric required under paragraph (4), and annually thereafter, 
     the Secretaries shall submit to Congress a report that--
       (A) summarizes the implementation of recommendations, 
     measures, and options identified in subparagraphs (A) and (B) 
     of paragraph (3);
       (B) using the performance metric under paragraph (4), 
     describes progress made by the executive branch, as compared 
     to the baseline established pursuant to paragraph (3)(C), on 
     expediting the permitting of activities that will increase 
     exploration for, and development of, domestic critical 
     minerals; and
       (C) compares the United States to other countries in terms 
     of permitting efficiency and any other criteria relevant to 
     the globally competitive critical minerals industry.
       (6) Individual projects.--Using data from the Secretaries 
     generated under paragraph (5), the Director of the Office of 
     Management and Budget shall prioritize inclusion of 
     individual critical mineral projects on the website operated 
     by the Office of Management and Budget in accordance with 
     section 1122 of title 31, United States Code.
       (7) Report of small business administration.--Not later 
     than 1 year and 300 days after the date of enactment of this 
     Act, the Administrator of the Small Business Administration 
     shall submit to the applicable committees of Congress a 
     report that assesses the performance of Federal agencies with 
     respect to--
       (A) complying with chapter 6 of title 5, United States Code 
     (commonly known as the ``Regulatory Flexibility Act''), in 
     promulgating regulations applicable to the critical minerals 
     industry; and
       (B) performing an analysis of regulations applicable to the 
     critical minerals industry that may be outmoded, inefficient, 
     duplicative, or excessively burdensome.
       (f) Federal Register Process.--
       (1) Departmental review.--Absent any extraordinary 
     circumstance, and except as otherwise required by law, the 
     Secretary and the Secretary of Agriculture shall ensure that 
     each Federal Register notice described in paragraph (2) shall 
     be--
       (A) subject to any required reviews within the Department 
     of the Interior or the Department of Agriculture; and
       (B) published in final form in the Federal Register not 
     later than 45 days after the date of initial preparation of 
     the notice.
       (2) Preparation.--The preparation of Federal Register 
     notices required by law associated with the issuance of a 
     critical mineral exploration or mine permit shall be 
     delegated to the organizational level within the agency 
     responsible for issuing the critical mineral exploration or 
     mine permit.
       (3) Transmission.--All Federal Register notices regarding 
     official document availability, announcements of meetings, or 
     notices of intent to undertake an action shall be originated 
     in, and transmitted to the Federal Register from, the office 
     in which, as applicable--
       (A) the documents or meetings are held; or
       (B) the activity is initiated.
       (g) Recycling, Efficiency, and Alternatives.--
       (1) Establishment.--The Secretary of Energy and the 
     Secretary of Defense (referred to in this subsection as the 
     ``Secretaries''), shall conduct a program of research and 
     development--
       (A) to promote the efficient production, use, and recycling 
     of critical minerals throughout the supply chain; and
       (B) to develop alternatives to critical minerals that do 
     not occur in significant abundance in the United States.
       (2) Cooperation.--In carrying out the program, the 
     Secretaries shall cooperate with appropriate--
       (A) Federal agencies and National Laboratories;
       (B) critical mineral producers;
       (C) critical mineral processors;
       (D) critical mineral manufacturers;
       (E) trade associations;
       (F) academic institutions;
       (G) small businesses; and
       (H) other relevant entities or individuals.
       (3) Activities.--Under the program, the Secretaries shall 
     carry out activities that include the identification and 
     development of--
       (A) advanced critical mineral extraction, production, 
     separation, alloying, or processing technologies that 
     decrease the energy consumption, environmental impact, and 
     costs of those activities, including--
       (i) efficient water and wastewater management strategies;
       (ii) technologies and management strategies to control the 
     environmental impacts of radionuclides in ore tailings;
       (iii) technologies for separation and processing; and
       (iv) technologies for increasing the recovery rates of 
     byproducts from host metal ores;
       (B) technologies or process improvements that minimize the 
     use, or lead to more efficient use, of critical minerals 
     across the full supply chain;
       (C) technologies, process improvements, or design 
     optimizations that facilitate the recycling of critical 
     minerals, and options for improving the rates of collection 
     of products and scrap containing critical minerals from post-
     consumer, industrial, or other waste streams;
       (D) commercial markets, advanced storage methods, energy 
     applications, and other beneficial uses of critical minerals 
     processing byproducts;
       (E) alternative minerals, metals, and materials, 
     particularly those available in abundance within the United 
     States and not subject to potential supply restrictions, that 
     lessen the need for critical minerals; and
       (F) alternative energy technologies or alternative designs 
     of existing energy technologies, particularly those that use 
     minerals that--
       (i) occur in abundance in the United States; and

[[Page S3490]]

       (ii) are not subject to potential supply restrictions.
       (4) Reports.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter, the 
     Secretaries shall submit to Congress a report summarizing the 
     activities, findings, and progress of the program.
       (h) Analysis and Forecasting.--
       (1) Capabilities.--In order to evaluate existing critical 
     mineral policies and inform future actions that may be taken 
     to avoid supply shortages, mitigate price volatility, and 
     prepare for demand growth and other market shifts, the 
     Secretary (acting through the Director of the United States 
     Geological Survey) or a designee of the Secretary, in 
     consultation with the Secretary of Defense, the Energy 
     Information Administration, academic institutions, and others 
     in order to maximize the application of existing competencies 
     related to developing and maintaining computer-models and 
     similar analytical tools, shall conduct and publish the 
     results of an annual report that includes--
       (A) as part of the annually published Mineral Commodity 
     Summaries from the United States Geological Survey, a 
     comprehensive review of critical mineral production, 
     consumption, and recycling patterns, including--
       (i) the quantity of each critical mineral domestically 
     produced during the preceding year;
       (ii) the quantity of each critical mineral domestically 
     consumed during the preceding year;
       (iii) market price data or other price data for each 
     critical mineral;
       (iv) an assessment of--

       (I) critical mineral requirements to meet the national 
     security, energy, economic, industrial, technological, and 
     other needs of the United States during the preceding year;
       (II) the reliance of the United States on foreign sources 
     to meet those needs during the preceding year; and
       (III) the implications of any supply shortages, 
     restrictions, or disruptions during the preceding year;

       (v) the quantity of each critical mineral domestically 
     recycled during the preceding year;
       (vi) the market penetration during the preceding year of 
     alternatives to each critical mineral;
       (vii) a discussion of international trends associated with 
     the discovery, production, consumption, use, costs of 
     production, prices, and recycling of each critical mineral as 
     well as the development of alternatives to critical minerals; 
     and
       (viii) such other data, analyses, and evaluations as the 
     Secretary finds are necessary to achieve the purposes of this 
     subsection; and
       (B) a comprehensive forecast, entitled the ``Annual 
     Critical Minerals Outlook'', of projected critical mineral 
     production, consumption, and recycling patterns, including--
       (i) the quantity of each critical mineral projected to be 
     domestically produced over the subsequent 1-year, 5-year, and 
     10-year periods;
       (ii) the quantity of each critical mineral projected to be 
     domestically consumed over the subsequent 1-year, 5-year, and 
     10-year periods;
       (iii) an assessment of--

       (I) critical mineral requirements to meet projected 
     national security, energy, economic, industrial, 
     technological, and other needs of the United States;
       (II) the projected reliance of the United States on foreign 
     sources to meet those needs; and
       (III) the projected implications of potential supply 
     shortages, restrictions, or disruptions;

       (iv) the quantity of each critical mineral projected to be 
     domestically recycled over the subsequent 1-year, 5-year, and 
     10-year periods;
       (v) the market penetration of alternatives to each critical 
     mineral projected to take place over the subsequent 1-year, 
     5-year, and 10-year periods;
       (vi) a discussion of reasonably foreseeable international 
     trends associated with the discovery, production, 
     consumption, use, costs of production, and recycling of each 
     critical mineral as well as the development of alternatives 
     to critical minerals; and
       (vii) such other projections relating to each critical 
     mineral as the Secretary determines to be necessary to 
     achieve the purposes of this subsection.
       (2) Proprietary information.--In preparing a report 
     described in paragraph (1), the Secretary shall ensure, 
     consistent with section 5(f) of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1604(f)), that--
       (A) no person uses the information and data collected for 
     the report for a purpose other than the development of or 
     reporting of aggregate data in a manner such that the 
     identity of the person or firm who supplied the information 
     is not discernible and is not material to the intended uses 
     of the information;
       (B) no person discloses any information or data collected 
     for the report unless the information or data has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person or firm who 
     supplied particular information; and
       (C) procedures are established to require the withholding 
     of any information or data collected for the report if the 
     Secretary determines that withholding is necessary to protect 
     proprietary information, including any trade secrets or other 
     confidential information.
       (i) Education and Workforce.--
       (1) Workforce assessment.--Not later than 1 year and 300 
     days after the date of enactment of this Act, the Secretary 
     of Labor (in consultation with the Secretary, the Director of 
     the National Science Foundation, institutions of higher 
     education with substantial expertise in mining, institutions 
     of higher education with significant expertise in minerals 
     research, including fundamental research into alternatives, 
     and employers in the critical minerals sector) shall submit 
     to Congress an assessment of the domestic availability of 
     technically trained personnel necessary for critical mineral 
     exploration, development, assessment, production, 
     manufacturing, recycling, analysis, forecasting, education, 
     and research, including an analysis of--
       (A) skills that are in the shortest supply as of the date 
     of the assessment;
       (B) skills that are projected to be in short supply in the 
     future;
       (C) the demographics of the critical minerals industry and 
     how the demographics will evolve under the influence of 
     factors such as an aging workforce;
       (D) the effectiveness of training and education programs in 
     addressing skills shortages;
       (E) opportunities to hire locally for new and existing 
     critical mineral activities;
       (F) the sufficiency of personnel within relevant areas of 
     the Federal Government for achieving the policies described 
     in section 3 of the National Materials and Minerals Policy, 
     Research and Development Act of 1980 (30 U.S.C. 1602); and
       (G) the potential need for new training programs to have a 
     measurable effect on the supply of trained workers in the 
     critical minerals industry.
       (2) Curriculum study.--
       (A) In general.--The Secretary and the Secretary of Labor 
     shall jointly enter into an arrangement with the National 
     Academy of Sciences and the National Academy of Engineering 
     under which the Academies shall coordinate with the National 
     Science Foundation on conducting a study--
       (i) to design an interdisciplinary program on critical 
     minerals that will support the critical mineral supply chain 
     and improve the ability of the United States to increase 
     domestic, critical mineral exploration, development, 
     production, manufacturing, research, including fundamental 
     research into alternatives, and recycling;
       (ii) to address undergraduate and graduate education, 
     especially to assist in the development of graduate level 
     programs of research and instruction that lead to advanced 
     degrees with an emphasis on the critical mineral supply chain 
     or other positions that will increase domestic, critical 
     mineral exploration, development, production, manufacturing, 
     research, including fundamental research into alternatives, 
     and recycling;
       (iii) to develop guidelines for proposals from institutions 
     of higher education with substantial capabilities in the 
     required disciplines for activities to improve the critical 
     mineral supply chain and advance the capacity of the United 
     States to increase domestic, critical mineral exploration, 
     research, development, production, manufacturing, and 
     recycling; and
       (iv) to outline criteria for evaluating performance and 
     recommendations for the amount of funding that will be 
     necessary to establish and carry out the program described in 
     paragraph (3).
       (B) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a description of the results of the study required under 
     subparagraph (A).
       (3) Program.--
       (A) Establishment.--The Secretary and the Secretary of 
     Labor shall jointly conduct a competitive grant program under 
     which institutions of higher education may apply for and 
     receive 4-year grants for--
       (i) startup costs for newly designated faculty positions in 
     integrated critical mineral education, research, innovation, 
     training, and workforce development programs consistent with 
     paragraph (2);
       (ii) internships, scholarships, and fellowships for 
     students enrolled in programs related to critical minerals;
       (iii) equipment necessary for integrated critical mineral 
     innovation, training, and workforce development programs; and
       (iv) research of critical minerals and their applications, 
     particularly concerning the manufacture of critical 
     components vital to national security.
       (B) Renewal.--A grant under this paragraph shall be 
     renewable for up to 2 additional 3-year terms based on 
     performance criteria outlined under paragraph (2)(A)(iv).
       (j) National Geological and Geophysical Data Preservation 
     Program.--Section 351(k) of the Energy Policy Act of 2005 (42 
     U.S.C. 15908(k)) is amended by striking ``$30,000,000 for 
     each of fiscal years 2006 through 2010'' and inserting 
     ``$5,000,000 for each of fiscal years 2021 through 2030, to 
     remain available until expended''.
       (k) Administration.--
       (1) In general.--The National Critical Materials Act of 
     1984 (30 U.S.C. 1801 et seq.) is repealed.
       (2) Conforming amendment.--Section 3(d) of the National 
     Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
     5202(d)) is amended in the first sentence by striking ``, 
     with the assistance of the National Critical

[[Page S3491]]

     Materials Council as specified in the National Critical 
     Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.
       (3) Savings clauses.--
       (A) In general.--Nothing in this section or an amendment 
     made by this section modifies any requirement or authority 
     provided by--
       (i) the matter under the heading ``geological survey'' of 
     the first section of the Act of March 3, 1879 (43 U.S.C. 
     31(a)); or
       (ii) the first section of Public Law 87-626 (43 U.S.C. 
     31(b)).
       (B) Effect on department of defense.--Nothing in this 
     section or an amendment made by this section affects the 
     authority of the Secretary of Defense with respect to the 
     work of the Department of Defense on critical material 
     supplies in furtherance of the national defense mission of 
     the Department of Defense.
       (C) Secretarial order not affected.--This section shall not 
     apply to any mineral described in Secretarial Order No. 3324, 
     issued by the Secretary on December 3, 2012, in any area to 
     which the order applies.
       (4) Application of certain provisions.--
       (A) In general.--Subsections (e) and (f) shall apply to--
       (i) an exploration project in which the presence of a 
     byproduct is reasonably expected, based on known mineral 
     companionality, geologic formation, mineralogy, or other 
     factors; and
       (ii) a project that demonstrates that the byproduct is of 
     sufficient grade that, when combined with the production of a 
     host mineral, the byproduct is economic to recover, as 
     determined by the applicable Secretary in accordance with 
     subparagraph (B).
       (B) Requirement.--In making the determination under 
     subparagraph (A)(ii), the applicable Secretary shall consider 
     the cost effectiveness of the byproducts recovery.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2021 through 2030.

     SEC. 3169. RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES.

       (a) Program for Extraction and Recovery of Rare Earth 
     Elements and Minerals From Coal and Coal Byproducts.--
       (1) In general.--The Secretary of Energy, acting through 
     the Assistant Secretary for Fossil Energy (referred to in 
     this section as the ``Secretary''), shall carry out a program 
     under which the Secretary shall develop advanced separation 
     technologies for the extraction and recovery of rare earth 
     elements and minerals from coal and coal byproducts.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the program 
     described in paragraph (1) $23,000,000 for each of fiscal 
     years 2021 through 2028.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report evaluating the development of 
     advanced separation technologies for the extraction and 
     recovery of rare earth elements and minerals from coal and 
     coal byproducts, including acid mine drainage from coal 
     mines.
                                 ______
                                 
  SA 2030. Mr. CRAPO (for himself, Mrs. Shaheen, and Mr. Risch) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

                    TITLE XVII--BRING OUR HEROS HOME

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Bring Our Heroes Home 
     Act''.

     SEC. 1702. FINDINGS, DECLARATIONS, AND PURPOSES.

       (a) Findings and Declarations.--Congress finds and declares 
     the following:
       (1) A vast number of records relating to Missing Armed 
     Forces Personnel have not been identified, located, or 
     transferred to the National Archives following review and 
     declassification. Only in the rarest cases is there any 
     legitimate need for continued protection of records 
     pertaining to Missing Armed Forces Personnel who have been 
     missing for decades.
       (2) There has been insufficient priority placed on 
     identifying, locating, reviewing, or declassifying records 
     relating to Missing Armed Forces Personnel and then 
     transferring the records to the National Archives for public 
     access.
       (3) Mandates for declassification set forth in multiple 
     Executive orders have been broadly written, loosely 
     interpreted, and often ignored by Federal agencies in 
     possession and control of records related to Missing Armed 
     Forces Personnel.
       (4) No individual or entity has been tasked with oversight 
     of the identification, collection, review, and 
     declassification of records related to Missing Armed Forces 
     Personnel.
       (5) The interest, desire, workforce, and funding of Federal 
     agencies to assemble, review, and declassify records relating 
     to Missing Armed Forces Personnel have been lacking.
       (6) All records of the Federal Government relating to 
     Missing Armed Forces Personnel should be preserved for 
     historical and governmental purposes and for public research.
       (7) All records of the Federal Government relating to 
     Missing Armed Forces Personnel should carry a presumption of 
     declassification, and all such records should be disclosed 
     under this title to enable the fullest possible accounting 
     for Missing Armed Forces Personnel.
       (8) Legislation is necessary to create an enforceable, 
     independent, and accountable process for the public 
     disclosure of records relating to Missing Armed Forces 
     Personnel.
       (9) Legislation is necessary because section 552 of title 
     5, United States Code (commonly known as the ``Freedom of 
     Information Act''), as implemented by Federal agencies, has 
     prevented the timely public disclosure of records relating to 
     Missing Armed Forces Personnel.
       (b) Purposes.--The purposes of this title are--
       (1) to provide for the creation of the Missing Armed Forces 
     Personnel Records Collection at the National Archives; and
       (2) to require the expeditious public transmission to the 
     Archivist and public disclosure of Missing Armed Forces 
     Personnel records, subject to narrow exceptions, as set forth 
     in this title.

     SEC. 1703. DEFINITIONS.

       In this title:
       (1) Archivist.--The term ``Archivist'' means Archivist of 
     the United States.
       (2) Collection.--The term ``Collection'' means the Missing 
     Armed Forces Personnel Records Collection established under 
     section 1704(a).
       (3) Executive agency.--The term ``Executive agency''--
       (A) means an agency, as defined in section 552(f) of title 
     5, United States Code; and
       (B) includes any Executive department, military department, 
     Government corporation, Government controlled corporation, or 
     other establishment in the executive branch of the Federal 
     Government, including the Executive Office of the President, 
     any branch of the Armed Forces, and any independent 
     regulatory agency.
       (4) Executive branch missing armed forces personnel 
     record.--The term ``executive branch Missing Armed Forces 
     Personnel record'' means a Missing Armed Forces Personnel 
     record of an Executive agency, or information contained in 
     such a Missing Armed Forces Personnel record obtained by or 
     developed within the executive branch of the Federal 
     Government.
       (5) Government office.--The term ``Government office'' 
     means an Executive agency, the Library of Congress, or the 
     National Archives.
       (6) Missing armed forces personnel.--
       (A) Definition.--The term ``Missing Armed Forces 
     Personnel'' means 1 or more missing persons.
       (B) Inclusions.--The term ``Missing Armed Forces 
     Personnel'' includes an individual who was a missing person 
     and whose status was later changed to ``missing and presumed 
     dead''.
       (7) Missing armed forces personnel record.--The term 
     ``Missing Armed Forces Personnel record'' means a record that 
     relates, directly or indirectly, to the loss, fate, or status 
     of Missing Armed Forces Personnel that--
       (A) was created or made available for use by, obtained by, 
     or otherwise came into the custody, possession, or control 
     of--
       (i) any Government office;
       (ii) any Presidential library; or
       (iii) any of the Armed Forces; and
       (B) relates to 1 or more Missing Armed Forces Personnel who 
     became missing persons during the period--
       (i) beginning on December 7, 1941; and
       (ii) ending on the date of enactment of this Act.
       (8) Missing person.--The term ``missing person'' has the 
     meaning given that term in section 1513 of title 10, United 
     States Code.
       (9) National archives.--The term ``National Archives''--
       (A) means the National Archives and Records Administration; 
     and
       (B) includes any component of the National Archives and 
     Records Administration (including Presidential archival 
     depositories established under section 2112 of title 44, 
     United States Code).
       (10) Official investigation.--The term ``official 
     investigation'' means a review, briefing, inquiry, or hearing 
     relating to Missing Armed Forces Personnel conducted by a 
     Presidential commission, committee of Congress, or agency, 
     regardless of whether it is conducted independently, at the 
     request of any Presidential commission or committee of 
     Congress, or at the request of any official of the Federal 
     Government.
       (11) Originating body.--The term ``originating body'' means 
     the Government office or other initial source that created a 
     record or particular information within a record.
       (12) Public interest.--The term ``public interest'' means 
     the compelling interest in the prompt public disclosure of 
     Missing Armed Forces Personnel records for historical and 
     governmental purposes, for public research, and for the 
     purpose of fully informing the people of the United States, 
     most importantly families of Missing Armed Forces Personnel, 
     about the fate of the Missing Armed Forces Personnel and the 
     process by which the Federal Government has sought to account 
     for them.

[[Page S3492]]

       (13) Record.--The term ``record'' has the meaning given the 
     term ``records'' in section 3301 of title 44, United States 
     Code.
       (14) Review board.--The term ``Review Board'' means the 
     Missing Armed Forces Personnel Records Review Board 
     established under section 1707.

     SEC. 1704. MISSING ARMED FORCES PERSONNEL RECORDS COLLECTION 
                   AT THE NATIONAL ARCHIVES.

       (a) Establishment of Collection.--Not later than 90 days 
     after the date of enactment of this Act, the Archivist 
     shall--
       (1) commence establishment of a collection of records to be 
     known as the ``Missing Armed Forces Personnel Records 
     Collection'';
       (2) commence preparing the subject guidebook and index to 
     the Collection; and
       (3) establish criteria for Executive agencies to follow 
     when transmitting copies of Missing Armed Forces Personnel 
     Records to the Archivist, to include required metadata.
       (b) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Review Board shall promulgate 
     rules to establish guidelines and processes for the 
     disclosure of records contained in the Collection.

     SEC. 1705. REVIEW, IDENTIFICATION, TRANSMISSION TO THE 
                   NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF 
                   MISSING ARMED FORCES PERSONNEL RECORDS BY 
                   GOVERNMENT OFFICES.

       (a) In General.--
       (1) Preparation.--As soon as practicable after the date of 
     enactment of this Act, and sufficiently in advance of the 
     deadlines established under this title, each Government 
     office shall--
       (A) identify and locate any Missing Armed Forces Personnel 
     records in the custody, possession, or control of the 
     Government office; and
       (B) prepare for transmission to the Archivist in accordance 
     with the criteria established by the Archivist a copy of any 
     Missing Armed Forces Personnel records that have not 
     previously been transmitted to the Archivist by the 
     Government office.
       (2) Certification.--Each Government office shall submit to 
     the Archivist, under penalty of perjury, a certification 
     indicating--
       (A) whether the Government office has conducted a thorough 
     search for all Missing Armed Forces Personnel records in the 
     custody, possession, or control of the Government office; and
       (B) whether a copy of any Missing Armed Forces Personnel 
     record has not been transmitted to the Archivist.
       (3) Preservation.--No Missing Armed Forces Personnel record 
     shall be destroyed, altered, or mutilated in any way.
       (4) Effect of previous disclosure.--Information that was 
     made available or disclosed to the public before the date of 
     enactment of this Act in a Missing Armed Forces Personnel 
     record may not be withheld, redacted, postponed for public 
     disclosure, or reclassified.
       (5) Withheld and substantially redacted records.--For any 
     Missing Armed Forces Personnel record that is transmitted to 
     the Archivist which a Government office proposes to 
     substantially redact or withhold in full from public access, 
     the head of the Government office shall submit an 
     unclassified and publicly releasable report to the Archivist, 
     the Review Board, and each appropriate committee of the 
     Senate and the House of Representatives justifying the 
     decision of the Government office to substantially redact or 
     withhold the record by demonstrating that the release of 
     information would clearly and demonstrably be expected to 
     cause an articulated harm, and that the harm would be of such 
     gravity as to outweigh the public interest in access to the 
     information.
       (b) Review.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, each Government office shall, in 
     accordance with the criteria established by the Archivist and 
     the rules promulgated under paragraph (2)--
       (A) identify, locate, copy, and review each Missing Armed 
     Forces Personnel record in the custody, possession, or 
     control of the Government office for transmission to the 
     Archivist and disclosure to the public or, if needed, review 
     by the Review Board; and
       (B) cooperate fully, in consultation with the Archivist, in 
     carrying out paragraph (3).
       (2) Requirement.--The Review Board shall promulgate rules 
     for the disclosure of relevant records by Government offices 
     under paragraph (1).
       (3) National archives records.--Not later than 180 days 
     after the date of enactment of this Act, the Archivist 
     shall--
       (A) locate and identify all Missing Armed Forces Personnel 
     records in the custody of the National Archives as of the 
     date of enactment of this Act that remain classified, in 
     whole or in part;
       (B) notify a Government office if the Archivist locates and 
     identifies a record of the Government office under 
     subparagraph (A); and
       (C) make each classified Missing Armed Forces Personnel 
     record located and identified under subparagraph (A) 
     available for review by Executive agencies through the 
     National Declassification Center established under Executive 
     Order 13526.
       (4) Records already public.--A Missing Armed Forces 
     Personnel record that is in the custody of the National 
     Archives on the date of enactment of this Act and that has 
     been publicly available in its entirety without redaction 
     shall be made available in the Collection without any 
     additional review by the Archivist, the Review Board, or any 
     other Government office under this title.
       (c) Transmission to the National Archives.--Each Government 
     office shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, commence transmission to the Archivist of copies of 
     the Missing Armed Forces Personnel records in the custody, 
     possession, or control of the Government office; and
       (2) not later than 1 year after the date of enactment of 
     this Act, complete transmission to the Archivist of copies of 
     all Missing Armed Forces Personnel records in the possession 
     or control of the Government office.
       (d) Periodic Review of Postponed Missing Armed Services 
     Personnel Records.--
       (1) In general.--All Missing Armed Forces Personnel 
     records, or information within a Missing Armed Forces 
     Personnel record, the public disclosure of which has been 
     postponed under the standards under this title shall be 
     reviewed by the originating body--
       (A)(i) periodically, but not less than every 5 years, after 
     the date on which the Review Board terminates under section 
     1707(o); and
       (ii) at the direction of the Archivist; and
       (B) consistent with the recommendations of the Review Board 
     under section 1709(b)(3)(B).
       (2) Contents.--
       (A) In general.--A periodic review of a Missing Armed 
     Forces Personnel record, or information within a Missing 
     Armed Forces Personnel record, by the originating body shall 
     address the public disclosure of the Missing Armed Forces 
     Personnel record under the standards under this title.
       (B) Continued postponement.--If an originating body 
     conducting a periodic review of a Missing Armed Forces 
     Personnel record, or information within a Missing Armed 
     Forces Personnel record, the public disclosure of which has 
     been postponed under the standards under this title, 
     determines that continued postponement is required, the 
     originating body shall provide to the Archivist an 
     unclassified written description of the reason for the 
     continued postponement that the Archivist shall highlight and 
     make accessible on a publicly accessible website administered 
     by the National Archives.
       (C) Scope.--The periodic review of postponed Missing Armed 
     Forces Personnel records, or information within a Missing 
     Armed Forces Personnel record, shall serve the purpose stated 
     in section 1702(b)(2), to provide expeditious public 
     disclosure of Missing Armed Forces Personnel records, to the 
     fullest extent possible, subject only to the grounds for 
     postponement of disclosure under section 1706.
       (D) Disclosure absent certification by president.--Not 
     later than 10 years after the date of enactment of this Act, 
     all Missing Armed Forces Personnel records, and information 
     within a Missing Armed Forces Personnel record, shall be 
     publicly disclosed in full, and available in the Collection, 
     unless--
       (i) the head of the originating body, Executive agency, or 
     other Government office recommends in writing that continued 
     postponement is necessary;
       (ii) the written recommendation described in clause (i)--

       (I) is provided to the Archivist in unclassified and 
     publicly releasable form not later than 180 days before the 
     date that is 10 years after the date of enactment of this 
     Act; and
       (II) includes--

       (aa) a justification of the recommendation to postpone 
     disclosure with clear and convincing evidence that the 
     identifiable harm is of such gravity that it outweighs the 
     public interest in disclosure; and
       (bb) a recommended specified time at which or a specified 
     occurrence following which the material may be appropriately 
     disclosed to the public under this title;
       (iii) the Archivist transmits all recommended postponements 
     and the recommendation of the Archivist to the President not 
     later than 90 days before the date that is 10 years after the 
     date of enactment of this Act; and
       (iv) the President transmits to the Archivist a 
     certification indicating that continued postponement is 
     necessary and the identifiable harm, as demonstrated by clear 
     and convincing evidence, is of such gravity that it outweighs 
     the public interest in disclosure not later than the date 
     that is 10 years after the date of enactment of this Act.

     SEC. 1706. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 
                   RECORDS.

       (a) In General.--Disclosure to the public of a Missing 
     Armed Forces Personnel record or particular information in a 
     Missing Armed Forces Personnel record created after the date 
     that is 25 years before the date of the review of the Missing 
     Armed Forces Personnel record by the Archivist may be 
     postponed subject to the limitations under this title only--
       (1) if it pertains to--
       (A) military plans, weapons systems, or operations;
       (B) foreign government information;
       (C) intelligence activities (including covert action), 
     intelligence sources or methods, or cryptology;
       (D) foreign relations or foreign activities of the United 
     States, including confidential sources;
       (E) scientific, technological, or economic matters relating 
     to the national security;
       (F) United States Government programs for safeguarding 
     nuclear materials or facilities;

[[Page S3493]]

       (G) vulnerabilities or capabilities of systems, 
     installations, infrastructures, projects, plans, or 
     protection services relating to the national security; or
       (H) the development, production, or use of weapons of mass 
     destruction; and
       (2) the threat posed by the public disclosure of the 
     Missing Armed Forces Personnel record or information is of 
     such gravity that it outweighs the public interest in 
     disclosure.
       (b) Older Records.--Disclosure to the public of a Missing 
     Armed Forces Personnel record or particular information in a 
     Missing Armed Forces Personnel record created on or before 
     the date that is 25 years before the date of the review of 
     the Missing Armed Forces Personnel record by the Archivist 
     may be postponed subject to the limitations under this title 
     only if, as demonstrated by clear and convincing evidence--
       (1) the release of the information would be expected to--
       (A) reveal the identity of a confidential human source, a 
     human intelligence source, a relationship with an 
     intelligence or security service of a foreign government or 
     international organization, or a nonhuman intelligence 
     source, or impair the effectiveness of an intelligence method 
     currently in use, available for use, or under development;
       (B) reveal information that would impair United States 
     cryptologic systems or activities;
       (C) reveal formally named or numbered United States 
     military war plans that remain in effect, or reveal 
     operational or tactical elements of prior plans that are 
     contained in such active plans; or
       (D) reveal information, including foreign government 
     information, that would cause serious harm to relations 
     between the United States and a foreign government, or to 
     ongoing diplomatic activities of the United States; and
       (2) the threat posed by the public disclosure of the 
     Missing Armed Forces Personnel record or information is of 
     such gravity that it outweighs the public interest in 
     disclosure.
       (c) Exception.--Regardless of the age of a Missing Armed 
     Forces Personnel record--the date on which a Missing Armed 
     Forces Personnel record was created--disclosure to the public 
     of information in the Missing Armed Forces Personnel record 
     may be postponed if--
       (1) the public disclosure of the information would reveal 
     the name or identity of a living person who provided 
     confidential information to the United States and would pose 
     a substantial risk of harm to that person;
       (2) the public disclosure of the information could 
     reasonably be expected to constitute an unwarranted invasion 
     of personal privacy, and that invasion of privacy is so 
     substantial that it outweighs the public interest; or
       (3) the public disclosure of the information could 
     reasonably be expected to cause harm to the methods currently 
     in use or available for use by members of the Armed Forces to 
     survive, evade, resist, or escape.

     SEC. 1707. ESTABLISHMENT AND POWERS OF THE MISSING ARMED 
                   FORCES PERSONNEL RECORDS REVIEW BOARD.

       (a) Establishment.--There is established as an independent 
     establishment in the executive branch a board to be known as 
     the ``Missing Armed Forces Personnel Records Review Board''.
       (b) Membership.--
       (1) Appointments.--The President shall appoint, by and with 
     the advice and consent of the Senate, 5 individuals to serve 
     as a member of the Review Board to ensure and facilitate the 
     review, transmission to the Archivist, and public disclosure 
     of Missing Armed Forces Personnel records.
       (2) Qualifications.--The President shall appoint 
     individuals to serve as members of the Review Board--
       (A) without regard to political affiliation;
       (B) who are citizens of the United States of integrity and 
     impartiality;
       (C) who are not an employee of an Executive agency on the 
     date of the appointment;
       (D) who have high national professional reputation in their 
     fields who are capable of exercising the independent and 
     objective judgment necessary to the fulfillment of their role 
     in ensuring and facilitating the identification, location, 
     review, transmission to the Archivist, and public disclosure 
     of Missing Armed Forces Personnel records;
       (E) who possess an appreciation of the value of Missing 
     Armed Forces Personnel records to scholars, the Federal 
     Government, and the public, particularly families of Missing 
     Armed Forces Personnel;
       (F) not less than 1 of whom is a professional historian; 
     and
       (G) not less than 1 of whom is an attorney.
       (3) Deadlines.--
       (A) In general.--Not later than 60 days after the date of 
     enactment of this Act, the President shall submit nominations 
     for all members of the Review Board.
       (B) Confirmation rejected.--If the Senate votes not to 
     confirm a nomination to serve as a member of the Review 
     Board, not later than 90 days after the date of the vote the 
     President shall submit the nomination of an additional 
     individual to serve as a member of the Review Board.
       (4) Consultation.--The President shall make nominations to 
     the Review Board after considering individuals recommended by 
     the American Historical Association, the Organization of 
     American Historians, the Society of American Archivists, the 
     American Bar Association, veterans' organizations, and 
     organizations representing families of Missing Armed Forces 
     Personnel.
       (c) Security Clearances.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual nominated to be a member of the Review Board, 
     seeking security clearances necessary to carry out the duties 
     of the Review Board, is expeditiously reviewed and granted or 
     denied.
       (d) Confirmation.--
       (1) Hearings.--Not later than 30 days on which the Senate 
     is in session after the date on which not less than 3 
     individuals have been nominated to serve as members of the 
     Review Board, the Committee on Homeland Security and 
     Governmental Affairs of the Senate shall hold confirmation 
     hearings on the nominations.
       (2) Committee vote.--Not later than 14 days on which the 
     Senate is in session after the date on which the Committee on 
     Homeland Security and Governmental Affairs holds a 
     confirmation hearing on the nomination of an individual to 
     serve as a member of the Review Board, the committee shall 
     vote on the nomination and report the results to the full 
     Senate immediately.
       (3) Senate vote.--Not later than 14 days on which the 
     Senate is in session after the date on which the Committee on 
     Homeland Security and Governmental Affairs reports the 
     results of a vote on a nomination of an individual to serve 
     as a member of the Review Board, the Senate shall vote on the 
     confirmation of the nominee.
       (e) Vacancy.--Not later than 60 days after the date on 
     which a vacancy on the Review Board occurs, the vacancy shall 
     be filled in the same manner as specified for original 
     appointment.
       (f) Chairperson.--The members of the Review Board shall 
     elect a member as Chairperson at the initial meeting of the 
     Review Board.
       (g) Removal of Review Board Member.--
       (1) In general.--A member of the Review Board shall not be 
     removed from office, other than--
       (A) by impeachment by Congress; or
       (B) by the action of the President for inefficiency, 
     neglect of duty, malfeasance in office, physical disability, 
     mental incapacity, or any other condition that substantially 
     impairs the performance of the member's duties.
       (2) Judicial review.--
       (A) In general.--A member of the Review Board removed from 
     office may obtain judicial review of the removal in a civil 
     action commenced in the United States District Court for the 
     District of Columbia.
       (B) Relief.--The member may be reinstated or granted other 
     appropriate relief by order of the court.
       (h) Compensation of Members.--
       (1) Basic pay.--A member of the Review Board shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Review Board.
       (2) Travel expenses.--A member of the Review Board shall be 
     allowed reasonable travel expenses, including per diem in 
     lieu of subsistence, at rates for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the member's home or regular place of 
     business in the performance of services for the Review Board.
       (i) Duties of the Review Board.--
       (1) In general.--The Review Board shall consider and render 
     a decision on a determination by a Government office to seek 
     to postpone the disclosure of a Missing Armed Forces 
     Personnel record, in whole or in part.
       (2) Records.--In carrying out paragraph (1), the Review 
     Board shall consider and render a decision regarding--
       (A) whether a record constitutes a Missing Armed Forces 
     Personnel record; and
       (B) whether a Missing Armed Forces Personnel record, or 
     particular information in a Missing Armed Forces Personnel 
     record, qualifies for postponement of disclosure under this 
     title.
       (j) Powers.--The Review Board shall have the authority to 
     act in a manner prescribed under this title, including 
     authority to--
       (1) direct Government offices to transmit to the Archivist 
     Missing Armed Forces Personnel records as required under this 
     title;
       (2) direct Government offices to transmit to the Archivist 
     substitutes and summaries of Missing Armed Forces Personnel 
     records that can be publicly disclosed to the fullest extent 
     for any Missing Armed Forces Personnel record that is 
     proposed for postponement;
       (3) obtain access to Missing Armed Forces Personnel records 
     that have been identified by a Government office;
       (4) direct a Government office to make available to the 
     Review Board, and if necessary investigate the facts 
     surrounding, additional information, records, or testimony 
     from individuals, which the Review Board has reason to 
     believe is required to fulfill its functions and 
     responsibilities under this title;
       (5) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Review Board considers advisable 
     to carry out its responsibilities under this title;

[[Page S3494]]

       (6) hold individuals in contempt for failure to comply with 
     directives and mandates issued by the Review Board under this 
     title, which shall not include the authority to imprison or 
     fine any individual;
       (7) require any Government office to account in writing for 
     the destruction of any records relating to the loss, fate, or 
     status of Missing Armed Forces Personnel;
       (8) receive information from the public regarding the 
     identification and public disclosure of Missing Armed Forces 
     Personnel records; and
       (9) make a final determination regarding whether a Missing 
     Armed Forces Personnel record will be disclosed to the public 
     or disclosure of the Missing Armed Forces Personnel record to 
     the public will be postponed, notwithstanding the 
     determination of an Executive agency.
       (k) Witness Immunity.--The Review Board shall be considered 
     to be an agency of the United States for purposes of section 
     6001 of title 18, United States Code.
       (l) Oversight.--
       (1) In general.--The Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives shall 
     have--
       (A) continuing oversight jurisdiction with respect to the 
     official conduct of the Review Board and the disposition of 
     postponed records after termination of the Review Board; and
       (B) upon request, access to any records held or created by 
     the Review Board.
       (2) Duty of review board.--The Review Board shall have the 
     duty to cooperate with the exercise of oversight jurisdiction 
     under paragraph (1).
       (m) Support Services.--The Administrator of the General 
     Services Administration shall provide administrative services 
     for the Review Board on a reimbursable basis.
       (n) Interpretive Regulations.--The Review Board may issue 
     interpretive regulations.
       (o) Termination and Winding Up.--
       (1) In general.--Two years after the date of enactment of 
     this Act, the Review Board shall, by majority vote, determine 
     whether all Government offices have complied with the 
     obligations, mandates, and directives under this title.
       (2) Termination date.--The Review Board shall terminate on 
     the date that is 4 years after the date of enactment of this 
     Act.
       (3) Report.--Before the termination of the Review Board 
     under paragraph (2), the Review Board shall submit to 
     Congress reports, including a complete and accurate 
     accounting of expenditures during its existence, and shall 
     complete all other reporting requirements under this title.
       (4) Records.--Upon termination of the Review Board, the 
     Review Board shall transfer all records of the Review Board 
     to the Archivist for inclusion in the Collection, and no 
     record of the Review Board shall be destroyed.

     SEC. 1708. MISSING ARMED FORCES PERSONNEL RECORDS REVIEW 
                   BOARD PERSONNEL.

       (a) Executive Director.--
       (1) In general.--Not later than 45 days after the initial 
     meeting of the Review Board, the Review Board shall appoint 
     an individual to the position of Executive Director.
       (2) Qualifications.--The individual appointed as Executive 
     Director of the Review Board--
       (A) shall be a citizen of the United States of integrity 
     and impartiality;
       (B) shall be appointed without regard to political 
     affiliation; and
       (C) shall not have any conflict of interest with the 
     mission of the Review Board.
       (3) Security clearance.--
       (A) Limit on appointment.--The Review Board shall not 
     appoint an individual as Executive Director until after the 
     date on which the individual qualifies for the necessary 
     security clearance.
       (B) Expedited provision.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual nominated to be Executive Director, seeking 
     security clearances necessary to carry out the duties of the 
     Executive Director, is expeditiously reviewed and granted or 
     denied.
       (4) Duties.--The Executive Director shall--
       (A) serve as principal liaison to Government offices;
       (B) be responsible for the administration and coordination 
     of the review of records by the Review Board;
       (C) be responsible for the administration of all official 
     activities conducted by the Review Board; and
       (D) not have the authority to decide or determine whether 
     any record should be disclosed to the public or postponed for 
     disclosure.
       (5) Removal.--The Executive Director may be removed by a 
     majority vote of the Review Board.
       (b) Staff.--
       (1) In general.--The Review Board may, in accordance with 
     the civil service laws, but without regard to civil service 
     law and regulation for competitive service as defined in 
     subchapter I of chapter 33 of title 5, United States Code, 
     appoint and terminate additional employees as are necessary 
     to enable the Review Board and the Executive Director to 
     perform their duties under this title.
       (2) Qualifications.--An individual appointed to a position 
     as an employee of the Review Board--
       (A) shall be a citizen of the United States of integrity 
     and impartiality; and
       (B) shall not have had any previous involvement with any 
     official investigation or inquiry relating to the loss, fate, 
     or status of Missing Armed Forces Personnel.
       (3) Security clearance.--
       (A) Limit on appointment.--The Review Board shall not 
     appoint an individual as an employee of the Review Board 
     until after the date on which the individual qualifies for 
     the necessary security clearance.
       (B) Expedited provision.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual who is a candidate for a position with the 
     Review Board, seeking security clearances necessary to carry 
     out the duties of the position, is expeditiously reviewed and 
     granted or denied.
       (c) Compensation.--The Review Board shall fix the 
     compensation of the Executive Director and other employees of 
     the Review Board without regard to chapter 51 and subchapter 
     III of chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the Executive Director and 
     other employees may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (d) Advisory Committees.--
       (1) In general.--The Review Board may create 1 or more 
     advisory committees to assist in fulfilling the 
     responsibilities of the Review Board under this title.
       (2) Applicability of faca.--Any advisory committee created 
     by the Review Board shall be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).

     SEC. 1709. REVIEW OF RECORDS BY THE MISSING ARMED FORCES 
                   PERSONNEL RECORDS REVIEW BOARD.

       (a) Startup Requirements.--The Review Board shall--
       (1) not later than 90 days after the date on which all 
     members are appointed, publish an initial schedule for review 
     of all Missing Armed Forces Personnel records, which the 
     Archivist shall highlight and make available on a publicly 
     accessible website administered by the National Archives; and
       (2) not later than 180 days after the date of enactment of 
     this Act, begin reviewing of Missing Armed Forces Personnel 
     records under this title.
       (b) Determination of the Review Board.--
       (1) In general.--The Review Board shall direct that all 
     records that relate, directly or indirectly, to the loss, 
     fate, or status of Missing Armed Forces Personnel be 
     transmitted to the Archivist and disclosed to the public in 
     the Collection in the absence of clear and convincing 
     evidence that--
       (A) the record is not a Missing Armed Forces Personnel 
     record; or
       (B) the Missing Armed Forces Personnel record, or 
     particular information within the Missing Armed Forces 
     Personnel record, qualifies for postponement of public 
     disclosure under this title.
       (2) Postponement.--In approving postponement of public 
     disclosure of a Missing Armed Forces Personnel record, or 
     information within a Missing Armed Forces Personnel record, 
     the Review Board shall seek to--
       (A) provide for the disclosure of segregable parts, 
     substitutes, or summaries of the Missing Armed Forces 
     Personnel record; and
       (B) determine, in consultation with the originating body 
     and consistent with the standards for postponement under this 
     title, which of the following alternative forms of disclosure 
     shall be made by the originating body:
       (i) Any reasonably segregable particular information in a 
     Missing Armed Forces Personnel record.
       (ii) A substitute record for that information which is 
     postponed.
       (iii) A summary of a Missing Armed Forces Personnel record.
       (3) Reporting.--With respect to a Missing Armed Forces 
     Personnel record, or information within a Missing Armed 
     Forces Personnel record, the public disclosure of which is 
     postponed under this title, or for which only substitutions 
     or summaries have been disclosed to the public, the Review 
     Board shall create and transmit to the Archivist an 
     unclassified and publicly releasable report containing--
       (A) a description of actions by the Review Board, the 
     originating body, or any Government office (including a 
     justification of any such action to postpone disclosure of 
     any record or part of any record) and of any official 
     proceedings conducted by the Review Board; and
       (B) a statement, based on a review of the proceedings and 
     in conformity with the decisions reflected therein, 
     designating a recommended specified time at which, or a 
     specified occurrence following which, the material may be 
     appropriately disclosed to the public under this title, which 
     the Review Board shall disclose to the public with notice 
     thereof, reasonably calculated to make interested members of 
     the public aware of the existence of the statement.
       (4) Actions after determination.--
       (A) In general.--Not later than 14 days after the date of a 
     determination by the Review Board that a Missing Armed Forces 
     Personnel record shall be publicly disclosed in the 
     Collection or postponed for disclosure

[[Page S3495]]

     and held in the protected Collection, the Review Board shall 
     notify the head of the originating body of the determination 
     and highlight and make available the determination on a 
     publicly accessible website reasonably calculated to make 
     interested members of the public aware of the existence of 
     the determination.
       (B) Oversight notice.--Simultaneous with notice under 
     subparagraph (A), the Review Board shall provide notice of a 
     determination concerning the public disclosure or 
     postponement of disclosure of a Missing Armed Forces 
     Personnel record, or information contained within a Missing 
     Armed Forces Personnel record, which shall include a written 
     unclassified justification for public disclosure or 
     postponement of disclosure, including an explanation of the 
     application of any standards in section 1706 to the 
     President, to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Oversight and Reform of the House of Representatives.
       (5) Referral after termination.--A Missing Armed Forces 
     Personnel record that is identified, located, or otherwise 
     discovered after the date on which the Review Board 
     terminates shall be transmitted to the Archivist for the 
     Collection and referred to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives for review, ongoing oversight and, as 
     warranted, referral for possible enforcement action relating 
     to a violation of this title and determination as to whether 
     declassification of the Missing Armed Forces Personnel is 
     warranted under this title.
       (c) Notice to Public.--Every 30 days, beginning on the date 
     that is 60 days after the date on which the Review Board 
     first approves the postponement of disclosure of a Missing 
     Armed Forces Personnel record, the Review Board shall 
     highlight and make accessible on a publicly available website 
     reasonably calculated to make interested members of the 
     public aware of the existence of the postponement a notice 
     that summarizes the postponements approved by the Review 
     Board, including a description of the subject, originating 
     body, length or other physical description, and each ground 
     for postponement that is relied upon.
       (d) Reports by the Review Board.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter until the 
     Review Board terminates, the Review Board shall submit a 
     report regarding the activities of the Review Board to--
       (A) the Committee on Oversight and Reform of the House of 
     Representatives;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the President;
       (D) the Archivist; and
       (E) the head of any Government office the records of which 
     have been the subject of Review Board activity.
       (2) Contents.--Each report under paragraph (1) shall 
     include the following information:
       (A) A financial report of the expenses for all official 
     activities and requirements of the Review Board and its 
     employees.
       (B) The progress made on review, transmission to the 
     Archivist, and public disclosure of Missing Armed Forces 
     Personnel records.
       (C) The estimated time and volume of Missing Armed Forces 
     Personnel records involved in the completion of the duties of 
     the Review Board under this title.
       (D) Any special problems, including requests and the level 
     of cooperation of Government offices, with regard to the 
     ability of the Review Board to carry out its duties under 
     this title.
       (E) A record of review activities, including a record of 
     postponement decisions by the Review Board or other related 
     actions authorized under this title, and a record of the 
     volume of records reviewed and postponed.
       (F) Suggestions and requests to Congress for additional 
     legislative authority needs.
       (G) An appendix containing copies of reports relating to 
     postponed records submitted to the Archivist under subsection 
     (b)(3) since the end of the period covered by the most recent 
     report under paragraph (1).
       (3) Termination notice.--Not later than 90 days before the 
     Review Board expects to complete the work of the Review Board 
     under this title, the Review Board shall provide written 
     notice to Congress of the intent of the Review Board to 
     terminate operations at a specified date.

     SEC. 1710. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL 
                   STUDY.

       (a) Materials Under Seal of Court.--
       (1) In general.--The Review Board may request the Attorney 
     General to petition any court of the United States or of a 
     foreign country to release any information relevant to the 
     loss, fate, or status of Missing Armed Forces Personnel that 
     is held under seal of the court.
       (2) Grand jury information.--
       (A) In general.--The Review Board may request the Attorney 
     General to petition any court of the United States to release 
     any information relevant to loss, fate, or status of Missing 
     Armed Forces Personnel that is held under the injunction of 
     secrecy of a grand jury.
       (B) Treatment.--A request for disclosure of Missing Armed 
     Forces Personnel materials under this title shall be deemed 
     to constitute a showing of particularized need under rule 6 
     of the Federal Rules of Criminal Procedure.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Attorney General should assist the Review Board in 
     good faith to unseal any records that the Review Board 
     determines to be relevant and held under seal by a court or 
     under the injunction of secrecy of a grand jury;
       (2) the Secretary of State should--
       (A) contact the Governments of the Russian Federation, the 
     People's Republic of China, and the Democratic People's 
     Republic of Korea to seek the disclosure of all records in 
     their respective custody, possession, or control relevant to 
     the loss, fate, or status of Missing Armed Forces Personnel; 
     and
       (B) contact any other foreign government that may hold 
     information relevant to the loss, fate, or status of Missing 
     Armed Forces Personnel, and seek disclosure of such 
     information; and
       (3) all agencies should cooperate in full with the Review 
     Board to seek the disclosure of all information relevant to 
     the loss, fate, or status of Missing Armed Forces Personnel 
     consistent with the public interest.

     SEC. 1711. RULES OF CONSTRUCTION.

       (a) Precedence Over Other Law.--When this title requires 
     transmission of a record to the Archivist or public 
     disclosure, it shall take precedence over any other law 
     (except section 6103 of the Internal Revenue Code of 1986), 
     judicial decision construing such law, or common law doctrine 
     that would otherwise prohibit such transmission or 
     disclosure, with the exception of deeds governing access to 
     or transfer or release of gifts and donations of records to 
     the United States Government.
       (b) Freedom of Information Act.--Nothing in this title 
     shall be construed to eliminate or limit any right to file 
     requests with any Executive agency or seek judicial review of 
     the decisions under section 552 of title 5, United States 
     Code.
       (c) Judicial Review.--Nothing in this title shall be 
     construed to preclude judicial review under chapter 7 of 
     title 5, United States Code, of final actions taken or 
     required to be taken under this title.
       (d) Existing Authority.--Nothing in this title revokes or 
     limits the existing authority of the President, any Executive 
     agency, the Senate, or the House of Representatives, or any 
     other entity of the Government to publicly disclose records 
     in its custody, possession, or control.
       (e) Rules of the Senate and House of Representatives.--To 
     the extent that any provision of this title establishes a 
     procedure to be followed in the Senate or the House of 
     Representatives, such provision is adopted--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and is deemed to 
     be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House, and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. 1712. TERMINATION OF EFFECT OF TITLE.

       (a) Provisions Pertaining to the Review Board.--The 
     provisions of this title that pertain to the appointment and 
     operation of the Review Board shall cease to be effective 
     when the Review Board and the terms of its members have 
     terminated under section 1707(o).
       (b) Other Provisions.--The remaining provisions of this 
     title shall continue in effect until such time as the 
     Archivist certifies to the President and Congress that all 
     Missing Armed Forces Personnel records have been made 
     available to the public in accordance with this title.

     SEC. 1713. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this title, to remain 
     available until expended.
       (b) Interim Funding.--Until such time as funds are 
     appropriated pursuant to subsection (a), the President may 
     use such sums as are available for discretionary use to carry 
     out this title.

     SEC. 1714. SEVERABILITY.

       If any provision of this title, or the application thereof 
     to any person or circumstance, is held invalid, the remainder 
     of this title and the application of that provision to other 
     persons not similarly situated or to other circumstances 
     shall not be affected by the invalidation.
                                 ______
                                 
  SA 2031. Mr. CRAPO (for himself, Ms. Stabenow, and Mr. Risch) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

            TITLE XVII--IMPROVEMENT OF TRANSITION ASSISTANCE

     SEC. 1701. SHORT TITLE; DEFINITION.

       (a) Short Title.--This title may be cited as the 
     ``Improving Preparation and Resources for Occupational, 
     Vocational, and

[[Page S3496]]

     Educational Transition for Servicemembers Act'' or ``IMPROVE 
     Transition for Servicemembers Act''.
       (b) Appropriate Committees of Congress Defined.--In this 
     Act, the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.

     SEC. 1702. RECODIFICATION, CONSOLIDATION, AND IMPROVEMENT OF 
                   CERTAIN TRANSITION-RELATED COUNSELING AND 
                   ASSISTANCE AUTHORITIES.

       (a) Recodification, Consolidation, and Improvement of 
     Authorities.--
       (1) In general.--Chapter 58 of title 10, United States 
     Code, is amended by striking sections 1142 and 1144 and 
     inserting after section 1141 the following new section 1142:

     ``Sec. 1142. Transition-related counseling and services: 
       Transition Assistance Program

       ``(a) Program Required.--
       ``(1) In general.--The Secretary of Defense and the 
     Secretary of Homeland Security with respect to the Coast 
     Guard when it is not operating as a service in the Navy 
     shall, in cooperation with the Secretary of Labor and the 
     Secretary of Veterans Affairs, carry out a program to furnish 
     individual counseling, information and services described in 
     paragraph (2) to members of the armed forces under the 
     jurisdiction of the Secretary of Defense or the Secretary of 
     Homeland Security, as applicable, whose retirement, 
     separation, or release from active duty is anticipated as of 
     a specific date, and to the spouses of such members. The 
     program shall be known as the `Transition Assistance 
     Program'.
       ``(2) Counseling, information, and services.--The 
     counseling, information, and services furnished under the 
     program (in this section referred to as `covered counseling, 
     information, and services') shall include the following in 
     connection with the transition from military life to civilian 
     life:
       ``(A) Information on the topics described in subsection 
     (f).
       ``(B) Training, employment assistance, and other related 
     information and services, including as described in 
     subsection (h).
       ``(C) Such other counseling, information, and services as 
     the Secretaries referred to in paragraph (1) consider 
     appropriate to assist members of the armed forces, and their 
     spouses, in the transition from military life to civilian 
     life.
       ``(3) Agreement.--The Secretaries referred to in paragraph 
     (1) (in this section referred to as the `administering 
     Secretaries') shall enter into a detailed agreement to carry 
     out this section.
       ``(4) Certain responsibilities.--In carrying out the 
     program, the administering Secretaries shall do the 
     following:
       ``(A) Work together to develop and revise necessary 
     training documents, resources, and curriculum for the 
     purposes of the program.
       ``(B) In providing information in connection with 
     preseparation counseling under subsection (f)(4), use 
     experience obtained from implementation of the pilot program 
     under section 408 of Public Law 101-237.
       ``(C) Work with military and veterans' service 
     organizations and other appropriate organizations to promote 
     and publicize job fairs for members furnished covered 
     counseling, information, and services under the program.
       ``(D) In the case of members furnished covered counseling, 
     information, and services under the program who have a 
     spouse--
       ``(i) include the spouse in such counseling, information, 
     and services, at the election of the member and the spouse; 
     and
       ``(ii) provide job placement counseling for the spouse in 
     connection with the transition of the member from military 
     life to civilian life.
       ``(b) Participation of Members Required.--The Secretary of 
     Defense and the Secretary of Homeland Security shall require 
     the participation in the program under this section of all 
     members eligible for assistance under the program.
       ``(c) Service Required Before Furnishing of Preseparation 
     Counseling.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     concerned shall not furnish preseparation counseling under 
     the program under this section to a member who is being 
     discharged or released before the completion of the first 180 
     continuous days of active duty of the member.
       ``(2) Retirement or separation for disability.--Paragraph 
     (1) shall not apply in the case of a member who is being 
     retired or separated for disability.
       ``(3) Determination of duration of service.--For purposes 
     of calculating the days of active duty of a member under 
     paragraph (1), the Secretary concerned shall exclude any day 
     as follows:
       ``(A) Any day on which the member performed full-time 
     training duty or annual training duty.
       ``(B) Any day on which the member attended, while in the 
     active military service, a school designated as a service 
     school by law or by the Secretary concerned.
       ``(d) Commencement and Completion.--
       ``(1) Commencement.--
       ``(A) Retiring members.--In the case of a member who is 
     retiring from the armed forces, the furnishing of covered 
     counseling, information, and services to such member under 
     the program under this section shall commence as early as 
     possible during the 24-month period preceding the anticipated 
     retirement date.
       ``(B) Members separated or released.--In the case of a 
     member who is being separated or released from the armed 
     forces (other than by retirement), the furnishing of 
     counseling, information, and services to such member under 
     the program shall commence not later than 365 days before the 
     anticipated separation or release date.
       ``(C) Deadline for commencement.--Except as provided in 
     paragraph (4), under no circumstances shall the furnishing of 
     covered counseling, information, and services to a member 
     under the program commence later than 365 days before the 
     date of retirement, separation, or release of the member from 
     the armed forces.
       ``(2) Completion.--Except as provided in paragraph (4), the 
     furnishing of covered counseling, information, and services 
     to a member under the program shall be completed as follows:
       ``(A) In the case of a member retiring from the armed 
     forces, by not later than 120 days before the date of 
     retirement.
       ``(B) In the case of a member otherwise being separated or 
     released from the armed forces, by not later than 90 days 
     before the date of separation or release.
       ``(3) Construction.--Nothing in this subsection may be 
     construed to prohibit the furnishing of covered counseling, 
     information, and services to a member under the program, or 
     other counseling, assistance, and information and services 
     similar to covered counseling, information, and services, at 
     times other than the times provided for by paragraphs (1) and 
     (2).
       ``(4) Unanticipated retirement, separation, or release in 
     connection with preseparation counseling.--In the event that 
     a retirement or other separation or released from the armed 
     forces is unanticipated until there are 90 or fewer days 
     before the anticipated retirement or separation or release 
     date, or in the event a member of a reserve component is 
     being demobilized under circumstances in which (as determined 
     by the Secretary concerned) operational requirements make the 
     120-day or 90-day requirement under paragraph (2) unfeasible, 
     preseparation counseling under the program shall begin as 
     soon as possible within the remaining period of service.
       ``(e) Furnishing on In-Person Basis.--
       ``(1) In general.--Except as provided in paragraph (2), 
     covered counseling, information, and services under the 
     program under this section shall be furnished to a member on 
     an in-person basis.
       ``(2) Waiver.--The Secretary of Defense and the Secretary 
     of Homeland Security, as applicable, may waive the 
     requirement in paragraph (1) with respect to a particular 
     member if such Secretary determines, using a system 
     established by such Secretary for purposes of this paragraph, 
     that the furnishing of covered counseling, information, and 
     services on an online, other electronic, or other basis, 
     rather than on an in-person basis, is necessary to avoid 
     extraordinarily significant impediments to immediate mission 
     needs. In issuing any such waiver, such Secretary shall 
     specify, in writing, the grounds for such waiver.
       ``(f) Topics Covered by Program.--The preseparation 
     counseling furnished a member under the program under this 
     section shall include the following:
       ``(1) Financial planning assistance, including information 
     on budgeting, saving, credit, loans, and taxes.
       ``(2) An explanation of the procedures for and advantages 
     of affiliating with the Selected Reserve.
       ``(3) Information on programs and benefits related to 
     veteran status, including--
       ``(A) a description of health care and other benefits to 
     which the member may be entitled under the laws administered 
     by the Secretary of Veterans Affairs, and information 
     regarding the means by which the member can receive 
     additional counseling regarding the member's actual 
     entitlement to such benefits and apply for such benefits;
       ``(B) educational assistance benefits to which the member 
     is entitled under the Montgomery GI Bill and other 
     educational assistance programs because of the member's 
     service in the armed forces;
       ``(C) a description of the compensation and vocational 
     rehabilitation benefits to which the member may be entitled 
     under laws administered by the Secretary of Veterans Affairs, 
     if the member is being medically separated or is being 
     retired under chapter 61 of this title;
       ``(D) information on home loan services and housing 
     assistance benefits available under the laws administered by 
     the Secretary of Veterans Affairs and counseling on 
     responsible borrowing practices;
       ``(E) a description, developed in consultation with the 
     Secretary of Veterans Affairs, of the assistance and support 
     services for family caregivers of eligible veterans under the 
     program conducted by the Secretary of Veterans Affairs 
     pursuant to section 1720G of title 38, including the veterans 
     covered by the program, the caregivers eligible for 
     assistance and support through the program, and the 
     assistance and support available through the program; and
       ``(F) information, including appropriate training, on 
     eligibility for enrollment and disenrollment in the Survivor 
     Benefit Plan under chapter 73 of this title and other 
     survivor benefits available under the laws administered by 
     the Secretary of Defense or the Secretary of Veterans 
     Affairs.

[[Page S3497]]

       ``(4) Information on civilian employment, occupational 
     requirements, and related assistance, including--
       ``(A) labor market information;
       ``(B) instruction in resume preparation;
       ``(C) job analysis techniques, job search techniques, job 
     interview techniques, and salary negotiation techniques;
       ``(D) certification and licensure requirements that are 
     applicable to civilian occupations, including State-submitted 
     and approved lists of military training and skills that 
     satisfy occupational certifications and licenses;
       ``(E) civilian occupations that correspond to military 
     occupational specialties;
       ``(F) information on the requirements under section 1143(a) 
     of this title for the Department of Defense and the 
     Department of Homeland Security to provide proper 
     certification or verification of job skills and experience 
     acquired while on active duty that may have application to 
     employment in the civilian sector for use in seeking civilian 
     employment and in obtaining job search skills;
       ``(G) information on government and private-sector programs 
     for job search and job placement assistance, and information 
     on the placement programs established under sections 1152 and 
     1153 of this title and the Troops-to-Teachers Program;
       ``(H) priority of service for veterans in the receipt of 
     employment, training, and placement services provided under 
     qualified job training programs of the Department of Labor;
       ``(I) veterans small business ownership and 
     entrepreneurship programs of the Small Business 
     Administration and assistance to members in their efforts to 
     obtain loans and grants from the Small Business 
     Administration and other Federal, State, and local agencies;
       ``(J) employment and reemployment rights and obligations 
     under chapter 43 of title 38;
       ``(K) veterans preference in Federal employment and Federal 
     procurement opportunities;
       ``(L) disability-related employment and education 
     protections; and
       ``(M) career and employment opportunities available to 
     members with transportation security cards issued under 
     section 70105 of title 46.
       ``(5) Information related to transition and relocation, 
     including--
       ``(A) information on the geographic areas in which such 
     members will relocate after separation from the armed forces, 
     including, to the degree possible, information about 
     employment opportunities, the labor market, and the cost of 
     living in those areas (including, to the extent practicable, 
     the cost and availability of housing, child care, education, 
     and medical and dental care);
       ``(B) Federal, State, and local programs, and programs of 
     military and veterans' service organizations, that may be of 
     assistance to such members after separation from the armed 
     forces;
       ``(C) counseling (for the member and dependents) on the 
     effect of career change on individuals and their families and 
     the availability to the member and dependents of suicide 
     prevention resources following separation from the armed 
     forces;
       ``(D) the availability of mental health services and the 
     treatment of post-traumatic stress disorder, anxiety 
     disorders, depression, suicidal ideations, or other mental 
     health conditions associated with service in the armed forces 
     and information concerning the availability of treatment 
     options and resources to address substance abuse, including 
     alcohol, prescription drug, and opioid abuse;
       ``(E) the availability of medical and dental coverage 
     following separation from active duty, including the 
     opportunity to elect into the conversion health policy 
     provided under section 1145 of this title; and
       ``(F) information on the required deduction, pursuant to 
     subsection (h) of section 1175a of this title, from 
     disability compensation paid by the Secretary of Veterans 
     Affairs of amounts equal to any voluntary separation pay 
     received by the member under such section.
       ``(g) Counseling Pathways.--Each Secretary concerned shall, 
     in consultation with the Secretary of Labor and the Secretary 
     of Veterans Affairs, establish at least three pathways for 
     members of the armed forces under the jurisdiction of such 
     Secretary concerned to receive individualized counseling 
     under this section. The pathways shall address the needs of 
     members based on the following factors:
       ``(1) Rank.
       ``(2) Term of service.
       ``(3) Gender.
       ``(4) Whether the member is a member of a regular or 
     reserve component of an armed force.
       ``(5) Disability.
       ``(6) Anticipated characterization of retirement, 
     separation, or release from the armed forces (including 
     expedited discharge and discharge under conditions other than 
     honorable).
       ``(7) Health (including mental health).
       ``(8) Military occupational specialty.
       ``(9) Whether the member intends, after retirement, 
     separation, or release, to--
       ``(A) seek employment;
       ``(B) enroll in a program of higher education;
       ``(C) enroll in a program of vocational training; or
       ``(D) become an entrepreneur.
       ``(10) The educational history of the member.
       ``(11) The employment history of the member.
       ``(12) Whether the member has secured--
       ``(A) employment;
       ``(B) enrollment in a program of education; or
       ``(C) enrollment in a program of vocational training.
       ``(13) Whether the member has a spouse or any dependents.
       ``(14) Such other factors the Secretary of Defense and the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Labor and the Secretary of Veterans Affairs, 
     consider appropriate.
       ``(h) Specific Components of Covered Counseling, 
     Information, and Services.--The covered counseling, 
     information, and services furnished to a member under the 
     program under this section shall include the following:
       ``(1) Preliminary meeting.--Before the commencement of the 
     furnishing of such counseling, information, and services 
     under the program to the member, the member shall meet in 
     person or by video conference with a counselor, during 
     which--
       ``(A) the counselor shall furnish to the member--
       ``(i) a self-assessment jointly designed by the Secretaries 
     concerned (in consultation with the Secretary of Labor and 
     the Secretary of Veterans Affairs) to ensure that the 
     Secretary concerned places the member in the appropriate 
     counseling pathway under subsection (g);
       ``(ii) information regarding reenlistment in the armed 
     forces;
       ``(iii) information regarding organizations, entities, and 
     resources (including resources regarding military sexual 
     trauma) for individuals who are retired, separated, or 
     released from the armed forces that are located in the 
     community in which the member will reside after retirement, 
     separation, or release, including programs described in 
     subsection (f)(5)(B) and resources through State veterans 
     agencies as described in section 3(a) of the Improving 
     Preseparation and Resources for Occupational, Vocational, and 
     Educational Transition for Servicemembers Act;
       ``(iv) a military-civilian equivalency review designed to 
     determine what licensing, credentialing, and other 
     requirements for occupations in the civilian sector align 
     with or would be satisfied by the military occupational 
     specialty (MOS) and other military skills and experience of 
     the member;
       ``(v) an individualized, personality-based skills and 
     career assessment designed to determine the individual and 
     personal strengths and career interests of the member; and
       ``(vi) assistance in developing an individual transition 
     plan for the member to attempt to achieve the educational, 
     training, employment, and financial objectives of the member 
     and, if the member has a spouse, the spouse of the member; 
     and
       ``(B) the member may elect one or both of the following:
       ``(i) To have the Secretary concerned (in consultation with 
     the Secretary of Labor and the Secretary of Veterans Affairs) 
     provide the contact information of the member to the 
     organizations, entities, and resources described in 
     subparagraph (A)(iii).
       ``(ii) To have the Secretary of Defense and the Secretary 
     of Veterans Affairs transmit information on the member from 
     Department of Defense Form DD-2648 to State veterans agencies 
     for transmittal to community-based organizations and related 
     entities that provide or connect veterans to benefits and 
     services in accordance with section 3 of the Improving 
     Preseparation and Resources for Occupational, Vocational, and 
     Educational Transition for Servicemembers Act.
       ``(2) General instruction.--A course of general 
     instruction, of at least one day, on such topics specified in 
     subsection (f), or otherwise specific to the armed force 
     concerned, as the administering Secretaries consider 
     appropriate.
       ``(3) Instruction on specific post-service pathways.--A 
     course of instruction, of not less than two consecutive days, 
     on one of the following matters, as elected by the member:
       ``(A) Employment.
       ``(B) Education.
       ``(C) Entrepreneurship.
       ``(D) Career and technical training.
       ``(E) Such other matters as the administering Secretaries 
     consider appropriate.
       ``(4) Instruction on professional development and 
     employment assistance.--A course of instruction, of at least 
     one day, on general professional development and employment 
     assistance, including resume-writing, interviewing skills, 
     and such other matters as the administering Secretaries 
     consider appropriate.
       ``(5) Instruction on veterans benefits.--A course of 
     instruction, of at least one day, on the benefits and 
     services available under the law administered by the 
     Secretary of Veterans Affairs, including the manner of 
     application for receipt of such benefits and services and 
     such other matters in connection with such benefits and 
     services as the Secretary of Veterans Affairs considers 
     appropriate.
       ``(6) Participation in apprenticeship programs.--For a 
     member otherwise eligible to participate in such a program, 
     participation in an apprenticeship program registered under 
     the Act of August 16, 1937 (commonly known as the `National 
     Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
     et seq.), or a pre-apprenticeship program that provides 
     credit toward a program registered

[[Page S3498]]

     under such Act, that provides education, training, and 
     services necessary to transition to meaningful employment 
     that leads to economic self-sufficiency.
       ``(7) Order of counseling and instruction.--A member shall 
     receive the counseling and instruction required by paragraphs 
     (2) and (3) before any other instruction required by this 
     subsection. A member may undertake any other instruction 
     required by this subsection at a pace and order satisfactory 
     to the member, subject to the requirement to complete all 
     such instruction by the deadline provided in subsection 
     (d)(2).
       ``(8) Frequency of training.--The Secretary concerned shall 
     ensure, to the extent practicable and subject to urgent 
     mission needs, that members who elect to undergo additional 
     training or counseling under this subsection are able to do 
     so--
       ``(A) before the time periods established under subsection 
     (d); and
       ``(B) in addition to such training and instruction required 
     during such time periods.
       ``(i) Record of Receipt of Covered Counseling, Information, 
     and Services in Service Records.--A notation on the receipt 
     of counseling and instruction on each matter specified in 
     subsections (f) and (h) in connection with the furnishing of 
     covered counseling, information, and services under the 
     program under this section, signed by the member concerned, 
     shall be placed in the service record of each member 
     receiving such counseling and instruction.
       ``(j) Use of Personnel and Organizations.--In carrying out 
     the program under this section, the administering Secretaries 
     may--
       ``(1) provide for the use of disabled veterans outreach 
     program specialists, local veterans' employment 
     representatives, and other employment service personnel 
     funded by the Department of Labor to the extent that the 
     Secretary of Labor determines that such use will not 
     significantly interfere with the provision of services or 
     other benefits to eligible veterans and other eligible 
     recipients of such services or benefits;
       ``(2) use military and civilian personnel of the Department 
     of Defense and the Department of Homeland Security;
       ``(3) use personnel of the Veterans Benefits Administration 
     of the Department of Veterans Affairs and other appropriate 
     personnel of that Department;
       ``(4) use representatives of military and veterans' service 
     organizations;
       ``(5) enter into contracts with public entities;
       ``(6) enter into contracts with private entities, 
     particularly with qualified private entities that have 
     experience with instructing members of the armed forces 
     eligible for covered counseling, information, and services 
     under the program on--
       ``(A) private sector culture, resume writing, career 
     networking, and training on job search technologies;
       ``(B) academic readiness and educational opportunities; and
       ``(C) such other matters in connection with the program as 
     the administering Secretaries consider appropriate; and
       ``(7) take such other actions to develop and furnish 
     information and services to be provided under the program as 
     the administering Secretaries consider appropriate.
       ``(k) Reports and Notice in Connection With Participation 
     of Members.--
       ``(1) Information within executive branch.--The Secretary 
     of Defense and the Secretary of Homeland Security shall each 
     ensure that information on participation in the program under 
     this section by members under the jurisdiction of such 
     Secretary (including timeliness of receipt of covered 
     counseling, information, and services, rates of participation 
     on an in-person basis and an online or other electronic 
     basis, and number of waivers (if any) issued pursuant to 
     subsection (e)(2)) is made available by electronic means to 
     the following:
       ``(A) Commanders at all levels of command at the 
     installations concerned.
       ``(B) All counselors and managers of counseling under the 
     program.
       ``(C) The Secretary of Labor, the Secretary of Veterans 
     Affairs, and the heads of any other departments and agencies 
     of the Federal Government involved in the furnishing of 
     counseling and other assistance under the program.
       ``(2) Annual report to congress.--
       ``(A) In general.--The Secretary of Defense and the 
     Secretary of Homeland Security shall each submit to Congress 
     each year a report on the furnishing of covered counseling, 
     information, and services under the program to members of the 
     armed forces under the jurisdiction of such Secretary during 
     the preceding year. Each report shall include, for the year 
     covered by such report, the following:
       ``(i) The number of members eligible for covered 
     counseling, information, and services under the program.
       ``(ii) The number of members furnished covered counseling, 
     information, and services under the program.
       ``(iii) The number of members eligible for covered 
     counseling, information, and services under the program who 
     did not participate in the program.
       ``(iv) An assessment of the extent to which such 
     counseling, information, and services were furnished within 
     the times provided for by paragraphs (1) and (2) of 
     subsection (d).
       ``(v) Rates of participation on an in-person basis and an 
     online or other electronic basis, and number of waivers (if 
     any) issued pursuant to subsection (e)(2).
       ``(vi) The number of members placed into each counseling 
     pathway established under subsection (g).
       ``(vii) The number of members who received instruction in 
     each of the post-service pathways described in subsection 
     (h)(3).
       ``(viii) The number of members who participated in an 
     apprenticeship or pre-apprenticeship program described in 
     subsection (h)(6).
       ``(ix) The number of participants in the programs under 
     subsection (e) of section 1143 of this title (commonly 
     referred to as `Job Training, Employment Skills, 
     Apprenticeships and Internships (JTEST-AI)' or `Skill 
     Bridge').
       ``(x) Such other information as is required to provide 
     Congress with a comprehensive description of the 
     participation of members in the program.
       ``(B) Presentation of information.--Information in each 
     report under subparagraph (A) shall be broken out--
       ``(i) by armed force, and by component of the armed forces;
       ``(ii) by basis of separation from the armed forces 
     (whether retirement or other separation and whether voluntary 
     or involuntary); and
       ``(iii) by characterization of discharge from the armed 
     forces.
       ``(l) Transmittal of Medical Information to Department of 
     Veterans Affairs.--In the case of a member being medically 
     separated or being retired under chapter 61 of this title, 
     the Secretary concerned shall ensure (subject to the consent 
     of the member) that a copy of the member's service medical 
     record (including any results of a Physical Evaluation Board) 
     is transmitted to the Secretary of Veterans Affairs within 60 
     days of the separation or retirement.
       ``(m) Joint Service Transcript.--The Secretary concerned 
     shall provide a copy of the joint service transcript of a 
     member of the armed forces to the following:
       ``(1) The member--
       ``(A) at the preliminary meeting with a counselor under the 
     program under this section pursuant to subsection (h)(1); and
       ``(B) on the day the member retires, separates, or is 
     released from the armed forces.
       ``(2) The Secretary of Veterans Affairs on the day the 
     member retirees, separates, or is released from the armed 
     forces.''.
       (2) Clerical amendments.--The table of sections at the 
     beginning of chapter 58 of such title is amended--
       (A) by striking the item relating to section 1142 and 
     inserting the following new item:

``1142. Transition-related counseling and services: Transition 
              Assistance Program.''; and
       (B) by striking the item relating to section 1144.
       (b) Deadline for Implementation of Revised Program.--
       (1) In general.--The administering Secretaries shall take 
     appropriate actions to carry out any modifications to the 
     Transition Assistance Program under section 1142 of title 10, 
     United States Code, that are required by reason of the 
     amendments made by subsection (a) by not later than the date 
     that is one year after the date of the enactment of this Act 
     in order to ensure that the furnishing of covered counseling, 
     information, and services to members of the Armed Forces 
     under the Program is fully implemented as of such date.
       (2) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the administering Secretaries shall 
     submit to the appropriate committees of Congress a report on 
     specific actions to be taken to implement any modifications 
     to the Transition Assistance Program under section 1142 of 
     title 10, United States Code, that are required by reason of 
     the amendments made by subsection (a).
       (3) Definitions.--In this subsection, the terms 
     ``administering Secretaries'' and ``covered counseling, 
     information, and services'' have the meanings given such 
     terms for purposes of section 1142 of title 10, United States 
     Code, as amended by subsection (a).

     SEC. 1703. PERSONNEL MATTERS IN CONNECTION WITH TRANSITION 
                   ASSISTANCE PROGRAM.

       (a) Minimum Number of Dedicated Personnel.--
       (1) In general.--The Secretary of Defense shall take 
     appropriate actions to ensure that the minimum number of 
     full-time equivalent personnel of the Department of Defense 
     dedicated to counseling and other activities under the 
     Transition Assistance Program at each military installation 
     each year is not less than one for every 250 members of the 
     Armed Forces generally projected to be eligible for 
     participation in the Transition Assistance Program and their 
     spouses at such military installation in such year. The 
     Secretary may not satisfy the requirement in this paragraph 
     through the use of contractor personnel.
       (2) Applicability.--The Secretary shall comply with the 
     requirement in paragraph (1) commencing not later than one 
     year after the date of the enactment of this Act.
       (b) Minimum Civilian Workplace Requirement.--
       (1) In general.--For purposes of providing counseling under 
     and otherwise administering the Transition Assistance 
     Program, the Secretary of Defense shall take appropriate 
     actions to ensure that, to the maximum extent practicable, 
     each individual employed by the Department of Defense to

[[Page S3499]]

     provide counseling under the Transition Assistance Program 
     has both prior military experience and not less than two 
     years of experience in civilian employment at the time of 
     employment by the Department for such purposes.
       (2) Sense of congress.--It is the sense of Congress that, 
     in employing individuals to provide counseling under the 
     Transition Assistance Program, the Secretary should consider 
     affording a preference to individuals with longevity of 
     experience in civilian employment at the time of employment 
     by the Department for that purpose.
       (3) Applicability.--The Secretary shall comply with the 
     requirement in paragraph (1) commencing not later than 90 
     days after the date of the enactment of this Act.
       (c) Report on Implementation.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report on the actions 
     taken to implement this section, including--
       (1) the actions taken to implement subsection (b);
       (2) the number of individuals employed by the Department 
     under subsection (b);
       (3) the percentage of individuals employed in connection 
     with the Transition Assistance Program who meet the 
     requirement in subsection (b)(1); and
       (4) such other information as the Secretary considers 
     appropriate.
       (d) Transition Assistance Program Defined.--In this 
     section, the term ``Transition Assistance Program'' means the 
     program of counseling, information, and services under 
     section 1142 of title 10, United States Code (as amended by 
     section 1702 of this Act).

     SEC. 1704. SYSTEMS FOR TRACKING PARTICIPATION IN TRANSITION 
                   ASSISTANCE PROGRAM AND RELATED PROGRAMS.

       (a) Systems for Tracking Participation.--
       (1) In general.--Commencing not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the Secretary of Homeland Security shall each 
     establish and maintain an electronic tracking system and 
     database, applicable across the Armed Forces, in order to 
     collect, assemble, and make available as described in 
     paragraph (2) information on the participation and progress 
     of members of the Armed Forces under the jurisdiction of such 
     Secretary in the Transition Assistance Program at the 
     individual, installation, and total forces levels, including 
     information on the following:
       (A) Compliance with the commencement and completion 
     timeframes of the Transition Assistance Program required by 
     subsection (d) of section 1142 of title 10, United States 
     Code (as amended by section 1702 of this Act).
       (B) Participation and completion by members of the specific 
     elements of the Transition Assistance Program described in 
     subsection (h) of such section 1142.
       (C) Notes made by counselors in connection with the 
     provision of casework and other services under the Transition 
     Assistance Program.
       (D) Such other matters in connection with participation and 
     progress of members in the Transition Assistance Program as 
     such Secretary considers appropriate.
       (2) Availability of information.--Information in the 
     tracking systems and databases required by paragraph (1), 
     other than information described in paragraph (1)(C), shall 
     be available as follows:
       (A) To members of the Armed Forces undergoing the 
     transition from military life to civilian life, for the 
     personal information of members.
       (B) To commanders of members of the Armed Forces at all 
     levels of command for members under their command.
       (C) To all counselors and managers of counseling under the 
     Transition Assistance Program for members they serve.
       (D) To the Secretary of Labor, the Secretary of Veterans 
     Affairs, and the heads of any other departments and agencies 
     of the Federal Government involved in the furnishing of 
     counseling and services under the Transition Assistance 
     Program.
       (b) Digital Portal.--
       (1) In general.--Commencing not later than two years after 
     the date of the enactment of this Act, each Secretary 
     concerned shall establish and maintain an interactive, 
     Internet-based platform for members of the Armed Forces under 
     the jurisdiction of such Secretary to act as a portal for 
     members undergoing counseling under the Transition Assistance 
     Program in order to permit such members to do the following:
       (A) View information on and track progress of the member 
     concerned in the required instruction and counseling of the 
     Transition Assistance Program.
       (B) View the individual assessments of the member concerned 
     taken pursuant to clauses (i) and (v) of subsection (h)(1)(A) 
     of section 1142 of title 10, United States Code (as amended 
     by section 1702 of this Act).
       (C) View and make changes to the transition plan of the 
     member concerned as described in subsection (h)(1)(A)(vi) of 
     such section 1142.
       (D) Access information on the programs and resources 
     available to members of the Armed Forces and their spouses at 
     the military installation concerned in connection with the 
     Transition Assistance Program.
       (E) Access information and resources related to the topics 
     under subsection (f) of such section 1142.
       (F) Access the online version of the curriculum of 
     instruction under the Transition Assistance Program.
       (G) Access and download a digital copy of the Joint Service 
     Transcript of the member concerned.
       (H) Schedule, view, or change appointments with counselors 
     in connection with the Transition Assistance Program.
       (I) Take the surveys conducted pursuant to section 1705(a).
       (J) Access such other digital information and resources in 
     connection with the Transition Assistance Program as the 
     Secretaries concerned and the administering Secretaries 
     jointly consider appropriate.
       (2) Protection of privacy.--In carrying out this 
     subsection, the Secretaries concerned shall take all 
     necessary and appropriate actions to protect the personal 
     privacy of individual members of the Armed Forces as required 
     by law.
       (c) Definitions.--In this section:
       (1) The term ``Transition Assistance Program'' means the 
     program of counseling, information, and services under 
     section 1142 of title 10, United States Code (as amended by 
     section 1702 of this Act).
       (2) The term ``Secretary concerned'' has the meaning given 
     that term in section 101(a)(9) of title 10, United States 
     Code.
       (3) The term ``administering Secretaries'' has the meaning 
     given that term for purposes of section 1142 of title 10, 
     United States Code (as so amended).

     SEC. 1705. SURVEYS ON MEMBER EXPERIENCES WITH TRANSITION 
                   ASSISTANCE PROGRAM COUNSELING AND SERVICES AND 
                   IN TRANSITION TO CIVILIAN LIFE.

       (a) Surveys on Member Experiences With Transition 
     Assistance Program Counseling, Information, and Services.--
       (1) In general.--Each Secretary concerned shall conduct 
     surveys of members of the Armed Forces under the jurisdiction 
     of such Secretary at the conclusion of the receipt by such 
     members of counseling, information, and services under the 
     Transition Assistance Program in order to assess the 
     experiences of such members, and their spouses (if 
     applicable), in the receipt of such counseling, information, 
     and services.
       (2) Elements.--The surveys under paragraph (1) shall be 
     designed to obtain information on the Transition Assistance 
     Program as follows:
       (A) Member assessments of the quality of instruction.
       (B) Member satisfaction with the scope and quality of 
     courses and services, including courses under paragraphs (2), 
     (3), and (4) of subsection (h) of section 1142 of title 10, 
     United States Code (as amended by section 1702 of this Act).
       (C) Member assessments of the adequacy of courses and 
     services to meet member transition needs.
       (D) Obstacles or barriers confronted by members in 
     accessing counseling and services.
       (E) Whether members participated in the curriculum of the 
     Transition Assistance Program on an in-person basis or an 
     online, other electronic, or other basis.
       (F) Such other matters as the administering Secretaries 
     shall specify for purposes of this subsection.
       (3) Commencement.--Each Secretary concerned shall commence 
     the conduct of surveys pursuant to paragraph (1) by not later 
     than 120 days after the date of the enactment of this Act.
       (b) Pilot Program on Surveys on Member Experiences in 
     Transition to Civilian Life.--
       (1) In general.--The Secretary of Veterans Affairs shall, 
     in consultation with the Secretary of Defense, the Secretary 
     of Homeland Security, the Secretary of Education, and the 
     Secretary of Labor, conduct a pilot program to assess the 
     feasibility and advisability of surveying veterans who have 
     been retired, discharged, or released from the Armed Forces 
     for at least one year, and not longer than four years, at the 
     time of a survey in order to assess the experiences of such 
     veterans in the transition from military life to civilian 
     life.
       (2) Manner of conduct.--The Secretary of Veterans Affairs 
     may conduct the survey under the pilot program through a 
     contract with a qualified non-governmental organization 
     selected by the Secretary for purposes of the pilot program.
       (3) Elements.--The survey under the pilot program shall be 
     designed to obtain the information on the following:
       (A) Current employment status, and employment history since 
     retirement or separation.
       (B) Receipt, whether currently or in the past, of 
     unemployment benefits.
       (C) Educational attainment after military service.
       (D) Participation of or membership in a veterans' service 
     organization or other support or other group oriented towards 
     veterans.
       (E) Satisfaction with transition, including satisfaction 
     with counseling and assistance received in connection with 
     transition (whether pursuant to the Transition Assistance 
     Program or a program under any other provision of law).
       (F) Whether veterans participated in the curriculum of the 
     Transition Assistance Program on an in-person basis or an 
     online, other electronic, or other basis.
       (G) Challenges faced during transition.
       (H) If married at the time of transition--

[[Page S3500]]

       (i) participation of spouse in the counseling and 
     assistance described in subparagraph (E); and
       (ii) satisfaction of spouse with the counseling and 
     assistance described in subparagraph (E), if any, 
     participated in by the spouse.
       (I) Whether veterans felt sufficiently prepared for a 
     career, education, or other advancement after military 
     service as a result of participation in the Transition 
     Assistance Program.
       (J) Recommendations for improvements to the counseling and 
     assistance furnished in connection with transition, or for 
     other mechanisms to ease and facilitate transition.
       (K) Such other matters as the Secretary of Veterans 
     Affairs, in consultation with the other Secretaries referred 
     to in paragraph (1), considers appropriate.
       (4) Survey results.--The results of the survey under the 
     pilot program shall be broken out by number of years post-
     separation of the veterans covered by the survey.
       (5) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the appropriate committees of Congress a 
     report on the pilot program. The report shall set forth the 
     following:
       (A) The results of the survey conducted under the pilot 
     program.
       (B) An assessment by the Secretary of the feasibility and 
     advisability of continuing surveys such as the survey under 
     the pilot program on a permanent basis, as frequently as once 
     every two years or such other frequency as the Secretary 
     considers appropriate.
       (c) Protection of Privacy.--In carrying out this section, 
     the administering Secretaries, the Secretary of Education, 
     and the Secretaries concerned shall take all necessary and 
     appropriate actions to protect the personal privacy of 
     individual members of the Armed Forces and veterans as 
     required by law.
       (d) Definitions.--In this section:
       (1) The term ``Transition Assistance Program'' means the 
     program of counseling, information, and services under 
     section 1142 of title 10, United States Code (as amended by 
     section 1702 of this Act).
       (2) The term ``Secretary concerned'' has the meaning given 
     that term in section 101(a)(9) of title 10, United States 
     Code.
       (3) The term ``administering Secretaries'' has the meaning 
     given that term for purposes of section 1142 of title 10, 
     United States Code (as so amended).

     SEC. 1706 COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   PARTICIPATION IN TRANSITION ASSISTANCE PROGRAMS 
                   AT SMALL AND REMOTE MILITARY INSTALLATIONS.

       (a) Report Required.--Not later than 18 months after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the appropriate committees 
     of Congress a report on a review, conducted by the 
     Comptroller General for purposes of the report, on the 
     participation in covered transition assistance programs of 
     members of the Armed Forces assigned to small military 
     installations and remote military installations in the United 
     States.
       (b) Covered Transition Assistance Programs.--For purposes 
     of this section, covered transition assistance programs are 
     the following:
       (1) The Transition Assistance Program.
       (2) The programs under section 1143(e) of title 10, United 
     States Code (commonly referred to as ``Job Training, 
     Employment Skills, Apprenticeships and Internships (JTEST-
     AI)'' or ``Skill Bridge'').
       (3) Any other program of apprenticeship, on-the-job 
     training, or internship offered at a small military 
     installation or remote installation that the Comptroller 
     General considers appropriate for inclusion in the review 
     under this section.
       (c) Small Military Installations; Remote Military 
     Installations.--For purposes of this section:
       (1) A small military installation is an installation at 
     which are assigned not more than 10,000 members of the Armed 
     Forces.
       (2) A remote military installation is an installation that 
     is located more than 50 miles from any city with a population 
     of 50,000 people or more (as determined by the Office of 
     Management and Budget).
       (d) Scope of Review.--In conducting the review, the 
     Comptroller General shall evaluate participation in covered 
     transition assistance programs at a number of small military 
     installations and remote military installations that is 
     sufficient to provide a complete understanding of the 
     participation in such programs of members of the Armed Forces 
     at such installations throughout the United States.
       (e) Elements.--The review under this section shall include 
     the following:
       (1) Rates of participation of members of the Armed Forces 
     in covered transition assistance programs at small military 
     installations and remote military installations in the United 
     States.
       (2) In the case of the Transition Assistance Program, the 
     following:
       (A) Compliance with the deadlines for participation 
     provided for in subsection (d) of section 1142 of title 10, 
     United States Code (as amended by section 1702 of this Act).
       (B) A comparison between rates of participation in person 
     and rates of participation on line.
       (C) The average ratio of permanent, full-time equivalent 
     program staff to participating members at small military 
     installations and at remote military installations.
       (D) The average number of program staff (including full-
     time equivalent staff and contractor staff) physically and 
     permanently located on installation at small military 
     installations and at remote military installations.
       (3) Such other matters with respect to participation in 
     covered transition assistance programs of members assigned to 
     small military installations and remote military 
     installations as the Comptroller General considers 
     appropriate.
       (f) Transition Assistance Program Defined.--In this 
     section, the term ``Transition Assistance Program'' means the 
     program of counseling, information, and services under 
     section 1142 of title 10, United States Code (as amended by 
     section 1702 of this Act).

     SEC. 1707. EDUCATION OF MEMBERS OF THE ARMED FORCES ON CAREER 
                   READINESS AND PROFESSIONAL DEVELOPMENT.

       (a) Programs of Education Required.--
       (1) In general.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2015 the 
     following new section:

     ``Sec. 2015a. Education of members on career readiness and 
       professional development

       ``(a) Program of Education Required.--The Secretary of 
     Defense shall carry out a program to provide education on 
     career readiness and professional development to members of 
     the armed forces.
       ``(b) Elements.--The program under this section shall 
     provide members with the following:
       ``(1) Information on the transition plan as described in 
     section 1142(h)(1)(A)(vi) of this title.
       ``(2) Information on opportunities available to members 
     during military service for professional development and 
     preparation for a career after military service, including--
       ``(A) programs of education, certification, training, and 
     employment assistance (including programs under sections 
     1143(e), 2007, and 2015 of this title); and
       ``(B) programs and resources available to members in 
     communities in the vicinity of military installations.
       ``(3) Instruction on the use of online and other electronic 
     mechanisms in order to access the education, training, and 
     assistance and resources described in paragraph (2).
       ``(4) Such other information, instruction, and matters as 
     the Secretary shall specify for purposes of this section.
       ``(c) Timing of Provision of Information.--Subject to 
     subsection (d), information, instruction, and other matters 
     under the program under this section shall be provided to 
     members at the times as follows:
       ``(1) Upon arrival at first duty station.
       ``(2) Upon arrival at any subsequent duty station.
       ``(3) Upon deployment.
       ``(4) Upon promotion.
       ``(5) Upon reenlistment.
       ``(6) At any other point in a military career specified by 
     the Secretary for purposes of this section.
       ``(d) Single Provision of Information in a Year With 
     Multiple Events.--A member who has received information and 
     instruction under the program under this section in 
     connection with an event specified in subsection (c) in a 
     year may elect not to undergo additional receipt of 
     information and instruction under the program in connection 
     with another such event in the year, unless such other event 
     is arrival at a new duty station.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by 
     inserting after the item relating to section 2015 the 
     following new item:

``2015a. Education of members on career readiness and professional 
              development.''.
       (b) Report on Implementation.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the appropriate committees of 
     Congress a report on the program of education required by 
     section 2015a of title 10, United States Code (as added by 
     subsection (a)), including the following:
       (1) A comprehensive description of the actions taken to 
     implement the program of education.
       (2) A comprehensive description of the program of 
     education.

     SEC. 1708. SENSE OF CONGRESS ON TRANSITION ASSISTANCE PROGRAM 
                   AND OTHER TRANSITION-RELATED ASSISTANCE FOR 
                   MEMBERS OF THE ARMED FORCES.

       It is the sense of Congress--
       (1) to acknowledge that the Armed Forces face significant 
     and often competing pressures in carrying out its essential 
     and fundamental mission to defend the nation;
       (2) that ensuring the effective transition of members of 
     the Armed Forces from military life to civilian life 
     represents an essential component of this mission, 
     contributing directly to the long-term success of the United 
     States military and its missions through its effects on--
       (A) the long-term success and well-being of current and 
     former members of the Armed Forces and their families;
       (B) the perception of the Armed Forces by the American 
     public; and
       (C) the civilian-military partnership integral to the 
     United States military;
       (3) that the program of counseling, information, and 
     services under section 1142 of

[[Page S3501]]

     title 10, United States Code (as amended by section 1702 of 
     this Act), while effective in the worthy goal of reducing the 
     need for unemployment assistance among former members of the 
     Armed Forces, should be designed and carried out for the 
     holistic benefit, in both good and bad economic climates, of 
     members of the Armed Forces participating in the program, and 
     not simply as a metric or tool for employment;
       (4) to support and commend efforts by the Department of 
     Defense, the Department of Labor, and other agencies of the 
     Federal Government in coordinating Federal and State efforts 
     to assist members of the Armed Forces in identifying civilian 
     equivalences for military occupational skills, but also to 
     urge the Department of Defense to ensure that the Transition 
     Assistance Program also provides members the tools and 
     assistance for reinventing themselves during the transition 
     from military life to civilian life, even when their new 
     personal and professional goals do not align with their 
     military occupations;
       (5) to commend and further encourage efforts to incorporate 
     metrics for compliance with Transition Assistance Program 
     requirements into leadership assessments and criteria for 
     promotion of commanding officers in the Armed Forces;
       (6) to encourage the Secretary of Defense to assign 
     accountability and responsibility for compliance with 
     Transition Assistance Program requirements to the lowest 
     level of command appropriate and to establish uniform, Armed 
     Forces-wide policy on the individuals at unit level who are 
     responsible for monitoring compliance of members of the Armed 
     Forces with such requirements;
       (7) that the Secretary of Defense should seek to enhance 
     collaboration and access to transition-related services by 
     members of the Armed Forces by seeking to co-locate Federal, 
     State, and local officials and contractors who administer the 
     Transition Assistance Program and State and local officials 
     and partner, non-governmental entities associated with the 
     Transition Assistance Program or who offer transition-related 
     services in the same or proximate physical locations, when 
     possible;
       (8) that the Secretary of Defense and the Secretary of 
     Labor should seek to minimize subjectivity in career 
     readiness metrics under the Transition Assistance Program in 
     accordance with recommendations of the Comptroller General of 
     the United States; and
       (9) to encourage the Department of Defense, the Department 
     of Labor, the Department of Veterans Affairs and appropriate 
     State agencies to work together, and with veterans service 
     organizations, to establish in States or locales, as 
     appropriate, local points of contact responsible for--
       (A) at the election of members of the Armed Forces 
     relocating to such State or locale after military service, 
     contacting the members before separation from the Armed 
     Forces;
       (B) providing members of the Armed Force with employment, 
     education, and other appropriate information about the State 
     or locale to assist in relocation; and
       (C) coordinating services for members of the Armed Forces 
     and the spouses who relocate to the State or locale after 
     military service.
                                 ______
                                 
  SA 2032. Mrs. HYDE-SMITH submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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 XXXI, add the following:

     SEC. 3145. NUCLEAR FILTRATION TESTING AND RESEARCH PROGRAM.

       (a) In General.--Subtitle A of title XLIV of the Atomic 
     Energy Defense Act (50 U.S.C. 2581 et seq.), as amended by 
     section 3141, is further amended by adding at the end the 
     following new section:

     ``SEC. 4411. NUCLEAR FILTRATION TESTING AND RESEARCH PROGRAM.

       ``(a) In General.--The Secretary of Energy shall--
       ``(1) designate, as a federally funded research and 
     development center, a research center at an institution of 
     higher education not designated as a federally funded 
     research and development center or a university-affiliated 
     research center as of the date of the enactment of this 
     section; and
       ``(2) enter into a formal arrangement with that research 
     center to carry out a partnership program to research, 
     develop, and demonstrate new advancements with respect to 
     nuclear containment ventilation systems.
       ``(b) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this section $10,000,000 for 
     each of fiscal years 2021 through 2025.
       ``(2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under paragraph (1) shall 
     remain available until expended.''.
       (b) Clerical Amendment.--The table of contents for the 
     Atomic Energy Defense Act is amended by inserting after the 
     item relating to section 4410, as added by section 3141, the 
     following new item:

``Sec. 4411. Nuclear filtration testing and research program.''.
                                 ______
                                 
  SA 2033. Mrs. HYDE-SMITH submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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 X, add the following:

     SEC. 1___. THAD COCHRAN HEADQUARTERS BUILDING.

       (a) In General.--The headquarters building of the Engineer 
     Research and Development Center of the Corps of Engineers 
     located at 3909 Halls Ferry Road in Vicksburg, Mississippi, 
     shall be known and designated as the ``Thad Cochran 
     Headquarters Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Thad Cochran Headquarters Building''.
                                 ______
                                 
  SA 2034. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. 894. BRIEFING ON FUNDING NECESSARY FOR REIMBURSEMENT OF 
                   FEDERAL CONTRACTOR EMPLOYEE COMPENSATION 
                   RESULTING FROM COVID-19 RELATED SHUTDOWNS.

       Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of Defense shall provide to the 
     congressional defense committees a briefing on the total 
     anticipated costs for the Department of Defense associated 
     with implementation of section 3610 of the CARES Act (Public 
     Law 116-136) and other anticipated contractor requests for 
     equitable adjustment resulting from the effects of COVID-19 
     on the defense industrial base. The Secretary shall provide 
     to the committees written materials in support of the 
     briefing that shall, as minimum include--
       (1) an accounting of amounts reallocated, transferred, or 
     reprogrammed in fiscal year 2020 to cover the costs 
     associated with section 3610 and other effects of COVID-19 on 
     the defense industrial base;
       (2) an assessment of the effects on the Department's 
     customary activities and mission areas as a result of the 
     reallocations, transfers, and reprogrammings described under 
     paragraph (1);
       (3) an assessment of the effect of COVID-19 on the defense 
     industrial base, to include a specific assessment of the 
     effects on small businesses;
       (4) a request and justification for additional 
     appropriations if necessary to address the costs of COVID-19 
     in fiscal year 2020 or fiscal year 2021; and
       (5) recommendations to Congress for additional actions 
     needed to assist the defense industrial base in recovering 
     from the effects of COVID-19.
                                 ______
                                 
  SA 2035. Mr. CASEY (for himself and Mr. Toomey) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 1287. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION 
                   OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM 
                   UNDUE INFLUENCE AND OTHER SECURITY THREATS.

       Section 1286 of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note) 
     is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by adding after subsection (e) the following new 
     subsection (f):
       ``(f) Designation of Academic Liaison.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2021, the Secretary, acting through the Under 
     Secretary of Defense for Research and Engineering, shall 
     designate an academic liaison with principal responsibility 
     for working with the academic community to protect 
     Department-sponsored academic research of concern from undue 
     foreign influence.
       ``(2) Qualification.--The Secretary shall designate an 
     individual under paragraph (1)

[[Page S3502]]

     who is an official of the Office of the Under Secretary of 
     Defense for Research and Engineering.
       ``(3) Duties.--The duties of the academic liaison 
     designated under paragraph (1) shall be as follows:
       ``(A) To serve as the liaison of the Department with the 
     academic community.
       ``(B) To conduct annual outreach and education activities 
     for the academic community on undue foreign influence and 
     threats to Department-sponsored academic research of concern.
       ``(C) To coordinate and align academic security policies 
     with Department component agencies, the Office of Science and 
     Technology Policy, the intelligence community, Federal 
     science agencies, and Federal regulatory agencies, including 
     agencies involved in export controls.
       ``(D) To the extent practicable, to coordinate on an annual 
     basis with the intelligence community to share, not less 
     frequently than annually, with the academic community 
     unclassified information, including counterintelligence 
     information, on threats from undue foreign influence.
       ``(E) Any other related responsibility, as determined by 
     the Secretary in consultation with the Under Secretary of 
     Defense for Research and Engineering.
       ``(F) Any other duty, as determined by the Secretary.''.
                                 ______
                                 
  SA 2036. Mr. CASEY (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. ENCOURAGING THE DEVELOPMENT AND USE OF DISARM 
                   ANTIMICROBIAL DRUGS.

       (a) Additional Payment for DISARM Antimicrobial Drugs Under 
     Medicare.--
       (1) In general.--Section 1886(d)(5) of the Social Security 
     Act (42 U.S.C. 1395ww(d)(5)) is amended by adding at the end 
     the following new subparagraph:
       ``(N)(i)(I) In the case of discharges occurring on or after 
     October 1, 2021, and before October 1, 2026, subject to 
     subclause (II), the Secretary shall, after notice and 
     opportunity for public comment (in the publications required 
     by subsection (e)(5) for a fiscal year or otherwise), provide 
     for an additional payment under a mechanism (separate from 
     the mechanism established under subparagraph (K)), with 
     respect to such discharges involving any DISARM antimicrobial 
     drug, in an amount equal to--
       ``(aa) the amount payable under section 1847A for such drug 
     during the calendar quarter in which the discharge occurred; 
     or
       ``(bb) if no amount for such drug is determined under 
     section 1847A, an amount to be determined by the Secretary in 
     a manner similar to the manner in which payment amounts are 
     determined under section 1847A based on information submitted 
     by the manufacturer or sponsor of such drug (as required 
     under clause (v)).
       ``(II) In determining the amount payable under section 
     1847A for purposes of items (aa) and (bb) of subclause (I), 
     subparagraphs (A) and (B) of subsection (b)(1) of such 
     section shall be applied by substituting `100 percent' for 
     `106 percent' each place it appears and paragraph (8)(B) of 
     such section shall be applied by substituting `0 percent' for 
     `6 percent'.
       ``(ii) For purposes of this subparagraph, a DISARM 
     antimicrobial drug is--
       ``(I) a drug--
       ``(aa) that--
       ``(AA) is approved by the Food and Drug Administration;
       ``(BB) is designated by the Food and Drug Administration as 
     a qualified infectious disease product under subsection (d) 
     of section 505E of the Federal Food, Drug, and Cosmetic Act; 
     and
       ``(CC) has received an extension of its exclusivity period 
     pursuant to subsection (a) of such section; and
       ``(bb) that has been designated by the Secretary pursuant 
     to the process established under clause (iv)(I)(bb); or
       ``(II) an antibacterial or antifungal biological product--
       ``(aa) that is licensed for use, or an antibacterial or 
     antifungal biological product for which an indication is 
     first licensed for use, by the Food and Drug Administration 
     on or after June 5, 2014, under section 351(a) of the Public 
     Health Service Act for human use to treat serious or life-
     threatening infections, as determined by the Food and Drug 
     Administration, including those caused by, or likely to be 
     caused by--
       ``(AA) an antibacterial or antifungal resistant pathogen, 
     including novel or emerging infectious pathogens; or
       ``(BB) a qualifying pathogen (as defined under section 
     505E(f) of the Federal Food, Drug, and Cosmetic Act); and
       ``(bb) has been designated by the Secretary pursuant to the 
     process established under clause (iv)(I)(bb).
       ``(iii) The mechanism established pursuant to clause (i) 
     shall provide that the additional payment under clause (i) 
     shall--
       ``(I) with respect to a discharge, only be made to a 
     subsection (d) hospital that, as determined by the 
     Secretary--
       ``(aa) is participating in the National Healthcare Safety 
     Network Antimicrobial Use and Resistance Module of the 
     Centers for Disease Control and Prevention or a similar 
     reporting program, as specified by the Secretary, relating to 
     antimicrobial drugs; and
       ``(bb) has an antimicrobial stewardship program that aligns 
     with the Core Elements of Hospital Antibiotic Stewardship 
     Programs of the Centers for Disease Control and Prevention or 
     the Antimicrobial Stewardship Standard set by the Joint 
     Commission; and
       ``(II) apply to discharges occurring on or after October 1 
     of the year in which the drug or biological product is 
     designated by the Secretary as a DISARM antimicrobial drug.
       ``(iv)(I) The mechanism established pursuant to clause (i) 
     shall provide for a process for--
       ``(aa) a manufacturer or sponsor of a drug or biological 
     product to request the Secretary to designate the drug or 
     biological product as a DISARM antimicrobial drug; and
       ``(bb) the designation by the Secretary of drugs and 
     biological products as DISARM antimicrobial drugs.
       ``(II) A designation of a drug or biological product as a 
     DISARM antimicrobial drug may be revoked by the Secretary if 
     the Secretary determines that--
       ``(aa) the drug or biological product no longer meets the 
     requirements for a DISARM antimicrobial drug under clause 
     (ii);
       ``(bb) the request for such designation contained an untrue 
     statement of material fact; or
       ``(cc) clinical or other information that was not available 
     to the Secretary at the time such designation was made shows 
     that--
       ``(AA) such drug or biological product is unsafe for use or 
     not shown to be safe for use for individuals who are entitled 
     to benefits under part A; or
       ``(BB) an alternative to such drug or biological product is 
     an advance that substantially improves the diagnosis or 
     treatment of such individuals.
       ``(III) Not later than October 1, 2021, and annually 
     thereafter through October 1, 2025, the Secretary shall 
     publish in the Federal Register a list of the DISARM 
     antimicrobial drugs designated under this subparagraph 
     pursuant to the process established under clause (iv)(I)(bb).
       ``(v)(I) For purposes of determining additional payment 
     amounts under clause (i), a manufacturer or sponsor of a drug 
     or biological product that submits a request described in 
     clause (iv)(I)(aa) shall submit to the Secretary information 
     described in section 1927(b)(3)(A)(iii).
       ``(II) The penalties for failure to provide timely 
     information under clause (i) of subparagraph (C) of section 
     1927(b)(3) and for providing false information under clause 
     (ii) of such subparagraph shall apply to manufacturers and 
     sponsors of a drug or biological product under this section 
     with respect to information under subclause (I) in the same 
     manner as such penalties apply to manufacturers under such 
     clauses with respect to information under subparagraph (A) of 
     such section.
       ``(vi) The mechanism established pursuant to clause (i) 
     shall provide that--
       ``(I) except as provided in subclause (II), no additional 
     payment shall be made under this subparagraph for discharges 
     involving a DISARM antimicrobial drug if any additional 
     payments have been made for discharges involving such drug as 
     a new medical service or technology under subparagraph (K);
       ``(II) additional payments may be made under this 
     subparagraph for discharges involving a DISARM antimicrobial 
     drug if any additional payments have been made for discharges 
     occurring prior to the date of enactment of this subparagraph 
     involving such drug as a new medical service or technology 
     under subparagraph (K); and
       ``(III) no additional payment shall be made under 
     subparagraph (K) for discharges involving a DISARM 
     antimicrobial drug as a new medical service or technology if 
     any additional payments for discharges involving such drug 
     have been made under this subparagraph.''.
       (2) Conforming amendment.--Section 1886(d)(5)(K)(ii)(III) 
     of the Social Security Act (42 U.S.C. 
     1395ww(d)(5)(K)(ii)(III)) is amended by striking ``provide'' 
     and inserting ``subject to subparagraph (N)(vi), provide''.
       (b) Study and Reports on Removing Barriers to the 
     Development of DISARM Antimicrobial Drugs.--
       (1) Study.--The Comptroller General of the United States 
     (in this subsection referred to as the ``Comptroller 
     General'') shall, in consultation with the Director of the 
     National Institutes of Health, the Commissioner of Food and 
     Drugs, the Administrator of the Centers for Medicare & 
     Medicaid Services, and the Director of the Centers for 
     Disease Control and Prevention, conduct a study to--
       (A) identify and examine the barriers that prevent the 
     development of DISARM antimicrobial drugs (as defined in 
     section 1886(d)(5)(N)(ii) of the Social Security Act, as 
     added by subsection (a)); and
       (B) develop recommendations for actions to be taken in 
     order to overcome any barriers identified under subparagraph 
     (A).
       (2) Report.--October 1, 2025, the Comptroller General shall 
     submit to Congress a report containing the preliminary 
     results of

[[Page S3503]]

     the study conducted under paragraph (1), together with 
     recommendations for such legislation and administrative 
     action as the Comptroller General determines appropriate.
                                 ______
                                 
  SA 2037. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. ___. DELEGATION OF DEFENSE PRODUCTION ACT OF 1950 
                   AUTHORITIES BY THE PRESIDENT.

       The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 
     is amended by inserting after section 2 the following new 
     section:
       ``Sec. 3. (a) The President may delegate any authority or 
     responsibility vested in the President by this Act to any 
     officer or employee of the Federal Government if the 
     President determines that such delegation is consistent with, 
     and will further, the policy of the United States as stated 
     in section 2.
       ``(b) As soon as is practicable after a delegation of any 
     authority or responsibility under this section, the President 
     shall submit to Congress a report on such delegation setting 
     forth the following:
       ``(1) The authority or responsibility delegated.
       ``(2) The officer or employee to whom delegated.
       ``(3) A detailed justification for such delegation.''.
                                 ______
                                 
  SA 2038. Mr. CASEY (for himself, Mr. Bennet, and Mr. Leahy) submitted 
an amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title V, add the following:

     SEC. ___. SENSE OF CONGRESS ON ADVANCE PLANNING AND EXPEDITED 
                   ACTIVATION IN USE OF THE NATIONAL GUARD TO 
                   SUPPORT NATIONAL EMERGENCIES SUCH AS THE 
                   EMERGENCY IN CONNECTION WITH THE CORONAVIRUS 
                   DISEASE 2019 (COVID-19).

       It is the sense of Congress that--
       (1) the President continues to extend the use of the 
     National Guard under section 502(f)(2)(A) of title 32, United 
     States Code, for response to domestic emergencies such as the 
     Coronoavirus Disease 2019 (COVID-19), but such extensions 
     have come on an ad hoc basis;
       (2) the ad hoc nature of such extensions, not based on 
     transparent and known requirements, has led to uncertainty 
     and challenges in planning for many members of the National 
     Guard, their families, and their employers;
       (3) the process for activation of the National Guard for 
     such responses under such section 502(f)(2)(A) has been 
     unreasonable and cumbersome for State Governors and adjutants 
     general; and
       (4) Congress urges the Department of Defense to conduct 
     advance planning, in consultation with State Governors, for 
     the expedited activation of the National Guard under such 
     section 502(f)(2)(A) for use in responses to catastrophic 
     events and emergencies such as the emergency in connection 
     with the Coronoavirus Disease 2019, such that--
       (A) activation occurs only when the President and the 
     Governor of the State concerned declare an emergency in 
     connection with the same event;
       (B) activation occurs rapidly to meet emergency needs; and
       (C) members and units of the National Guard so activated 
     are afforded all applicable benefits under law for service 
     pursuant to such activation.
                                 ______
                                 
  SA 2039. Mr. CASEY (for himself, Mr. Murphy, and Ms. Warren) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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. ___. LOCALITY PAY EQUITY.

       (a) Limiting the Number of Local Wage Areas Defined Within 
     a General Schedule Pay Locality.--
       (1) Local wage area limitation.--Section 5343(a) of title 
     5, United States Code, is amended--
       (A) in paragraph (1)(B)(i), by striking ``(but such'' and 
     all that follows through ``are employed)'';
       (B) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (C) in paragraph (5), by striking the period after 
     ``Islands'' and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) the Office of Personnel Management shall define not 
     more than 1 local wage area within a pay locality, except 
     that this paragraph shall not apply to the pay locality 
     designated as `Rest of United States'.''.
       (2) General schedule pay locality defined.--Section 5342(a) 
     of title 5, United States Code, is amended--
       (A) in paragraph (2)(C), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (3), by striking the period after 
     ``employee'' and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) `pay locality' has the meaning given that term under 
     section 5302.''.
       (b) Regulations.--The Director of the Office of Personnel 
     Management shall prescribe any regulations necessary to carry 
     out the purpose of this section, including regulations to 
     ensure that the enactment of this section shall not have the 
     effect of reducing any rate of basic pay payable to any 
     individual who is serving as a prevailing rate employee (as 
     defined under section 5342(a)(2) of title 5, United States 
     Code).
       (c) Applicability.--The amendments made by this section 
     shall apply on and after the first day of the first full pay 
     period beginning at least 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2040. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 472, strike line 4 and all that follows through 
     ``components'' on line 6 and insert the following: ``The 
     following components''.

       On page 472, by strike lines 17 through 23 and insert the 
     following:
       (2) by amending subsection (b) to read as follows:
       ``(b) Manufacturer in the National Technology and 
     Industrial Base.--A manufacturer meets the requirements of 
     this subsection if the manufacturer is part of the national 
     technology and industrial base;''.

       On page 473, line 11, strike ``subsection (a)(2)(B)'' and 
     insert ``subsection (a)(2)''.
                                 ______
                                 
  SA 2041. Ms. STABENOW (for herself and Mr. Crapo) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 593. BRIEFING ON THE IMPLEMENTATION OF REQUIREMENTS ON 
                   CONNECTIONS OF RETIRING AND SEPARATING MEMBERS 
                   OF THE ARMED FORCES WITH COMMUNITY-BASED 
                   ORGANIZATIONS AND RELATED ENTITIES.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall brief Congress on 
     the current status of the implementation of the requirements 
     of section 570F of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1401; 10 
     U.S.C. 1142 note), relating to connections of retiring and 
     separating members of the Armed Forces with community-based 
     organizations and related entities.
                                 ______
                                 
  SA 2042. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR 
                   STRIKES.

       (a) Short Title.--This section may be cited as the 
     ``Restricting First Use of Nuclear Weapons Act of 2020''.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, the President may not use the Armed Forces of the United 
     States to conduct a first-use nuclear strike unless such 
     strike is conducted pursuant to a declaration of war by 
     Congress that expressly authorizes such strike.
       (c) First-Use Nuclear Strike Defined.--In this section, the 
     term ``first-use nuclear strike'' means an attack using 
     nuclear weapons against an enemy that is conducted without 
     the President determining that the enemy has first launched a 
     nuclear strike

[[Page S3504]]

     against the United States or an ally of the United States.
                                 ______
                                 
  SA 2043. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

   Subtitle __--Matters Relating to Treaty Withdrawal and Termination

     SEC. ___1. SHORT TITLE.

       This subtitle may be cited as the ``Preventing Actions 
     Undermining Security without Endorsement Act'' or the ``PAUSE 
     Act''.

     SEC. ___2. FINDINGS.

       Congress makes the following findings:
       (1) The COVID-19 global pandemic has highlighted the need 
     for United States leadership to address the full range of 
     international security challenges, which the Government of 
     the United States can do by reaffirming its steadfast 
     commitment to those mutually beneficial treaties and 
     agreements forged with its European and Indo-Pacific allies, 
     along with other states parties.
       (2) For more than 70 years, the United States has shown a 
     bipartisan commitment to the North Atlantic Treaty 
     Organization (NATO), specifically to the principle of 
     collective defense enshrined in Article 5 of the North 
     Atlantic Treaty, signed at Washington April 4, 1949.
       (3) Section 1242 of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92) prohibited the use 
     of funds for the United States withdrawal from the North 
     Atlantic Treaty in recognition that the NATO alliance remains 
     a cornerstone for peace and prosperity throughout the world.
       (4) On January 22, 2019, the House of Representatives 
     passed H.R. 676 (116th Congress) on a 357-22 vote, 
     prohibiting the use of funds for the United States withdrawal 
     from the North Atlantic Treaty, and on December 17, 2019, the 
     Committee on Foreign Relations of the Senate reported out 
     S.J.Res. 4 (116th Congress), which if enacted into law, would 
     require approval of two-thirds of the Senate, or both Houses 
     of Congress, before the President could withdraw the United 
     States from the treaty.
       (5) The Treaty on Open Skies provides a critical 
     confidence-building measure for Euro-Atlantic security to the 
     mutual benefit of the 34 States Parties to the treaty, and 
     the Open Skies Consultative Commission (OSCC) is one of the 
     few remaining operational diplomatic forums from which the 
     United States can engage with the Russian Federation.
       (6) Although the Government of the United States is right 
     to diplomatically press the Government of the Russian 
     Federation to return to full compliance with its obligations 
     under the Treaty on Open Skies, withdrawal or termination of 
     the treaty would deprive United States allies and partners of 
     the benefits derived from observation missions over Russian 
     territory and Russian occupied Eastern Ukraine, missions that 
     have vastly outnumbered Russian overflights of United States 
     territory since entry into force of the treaty.
       (7) On May 22, 2020, President Trump submitted notice of 
     the decision to withdraw the United States from the Treaty on 
     Open Skies, and, in doing so, failed to comply with section 
     1234 of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92), requiring the President to 
     provide notification to Congress 120 days before the 
     provision of notice of intent to withdraw the United States 
     from that treaty.
       (8) The Mutual Defense Treaty Between the United States and 
     the Republic of Korea, signed at Washington October 1, 1953, 
     the ratification of which the Senate advised and consented to 
     on January 26, 1954, was born from mutual sacrifice during 
     the Korean War, is based on shared values and interests, and 
     remains critical to the national security of the United 
     States nearly 7 decades after its signing.
       (9) A February 2020 report from the Department of State 
     confirmed, in part, that verifiable limits on ``Russia's 
     strategic nuclear force'' under the New START Treaty 
     ``currently contribute to the national security of the United 
     States''.
       (10) A decision by the President to allow the New START 
     Treaty to expire on February 5, 2021, without the United 
     States having first successfully concluded a verifiable and 
     binding agreement in its place, would lead to the United 
     States losing visibility into the location, movement, and 
     disposition of the strategic arsenal of the Russian 
     Federation to the detriment of the national security of the 
     United States and its allies.
       (11) The Constitution of the United States provides 
     Congress an important role in the treaty process, requiring 
     the advice and consent of two-thirds of the Senate for 
     approval of a resolution of ratification.

     SEC. ___3. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the President should refrain from taking any action to 
     withdraw or terminate any international treaty to which the 
     Senate has given its advice and consent to ratification 
     without proper consultation with, and affirmative approval 
     from, Congress;
       (2) the 1979 Supreme Court decision in Goldwater v. Carter, 
     444 U.S. 996 (1979), is not controlling legal precedent with 
     respect to the role of Congress in the withdrawal or 
     termination of the United States from an international 
     treaty, as the Court directed the lower court to dismiss the 
     complaint and did not address the constitutionality of the 
     decision by President Carter to terminate the Mutual Defense 
     Treaty between the United States of America and the Republic 
     of China, signed at Washington December 2, 1954 (commonly 
     referred to as the ``Sino-American Mutual Defense Treaty''); 
     and
       (3) the United States should take every action to reinforce 
     its global reputation as a country that fully complies with 
     its obligations under the international treaties to which it 
     is a party.

     SEC. ___4. JOINT RESOLUTION OF APPROVAL FOR TERMINATION OR 
                   WITHDRAWAL FROM AN INTERNATIONAL TREATY.

       No action to terminate or withdraw the United States from 
     any international treaty to which the Senate has given its 
     advice and consent to ratification may occur unless--
       (1) the Secretary of Defense and the Secretary of State 
     meet the requirements under section ___5; and
       (2) there is enacted into law a joint resolution that 
     approves such action.

     SEC. ___5. SUBMISSION ON NOTICE OF INTENT TO TERMINATE OR 
                   WITHDRAW THE UNITED STATES FROM AN 
                   INTERNATIONAL TREATY.

       (a) In General.--Not later than 120 days before the 
     provision of notice of intent to terminate or withdraw the 
     United States from any international treaty to which the 
     Senate has given its advice and consent to ratification, the 
     Secretary of Defense and the Secretary of State, in 
     consultation with the Director of National Intelligence, 
     shall each submit to the appropriate committees of Congress--
       (1) a detailed justification for the withdrawal from or 
     termination of the treaty;
       (2) if the justification described in paragraph (1) 
     includes that a state party to the treaty is in material 
     breach of one or more obligations under the treaty, a 
     detailed explanation of the steps taken by that state party 
     to return to compliance with such obligations;
       (3) a certification that--
       (A) all other state parties to the treaty have been 
     consulted with respect to the justification described in 
     paragraph (1);
       (B) withdrawal from or termination of the treaty would be 
     in the best national interests of the United States; and
       (C) all steps taken for withdrawal from or termination of 
     the treaty are in compliance with the treaty; and
       (4) a comprehensive strategy to mitigate against lost 
     capacity of benefits, including plans for a superseding 
     treaty or potential new bilateral or multilateral confidence-
     building measures.
       (b) Form.--The submission required by subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (c) Applicability to New Strategic Arms Reduction Treaty.--
     This section shall apply to a decision by the President to 
     not renew the New START Treaty for up to an additional 5 
     years.

     SEC. ___6. APPLICABILITY TO TREATY ON OPEN SKIES.

       Sections ___4 and ___5 shall apply with respect to the 
     Treaty on Open Skies.

     SEC. ___7. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) New start treaty.--The term ``New START Treaty'' means 
     the Treaty between the United States of America and the 
     Russian Federation on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed at Prague 
     April 8, 2010.
       (3) Treaty on open skies.--The term ``Treaty on Open 
     Skies'' means the Treaty on Open Skies, signed at Helsinki 
     March 24, 1992.
                                 ______
                                 
  SA 2044. Mr. MARKEY (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. OVERSIGHT RELATED TO GOVERNMENTAL RESPONSE TO 
                   HEALTH-RELATED EPIDEMICS.

       (a) In General.--Section 1061 of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) is 
     amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by inserting ``or to respond to 
     health-related epidemics'' after ``from terrorism''; and

[[Page S3505]]

       (B) in paragraph (2), by inserting ``or to respond to 
     health-related epidemics'' after ``against terrorism'';
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``or to respond to 
     health-related epidemics'' after ``from terrorism'' each 
     place it appears; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) the collection, use, storage, and sharing of covered 
     data by Federal, State, or local government in connection 
     with responding to a Federal declaration of a public health 
     emergency to ensure that privacy and civil liberties are 
     protected.'';
       (3) by redesignating subsection (m) as subsection (n); and
       (4) by inserting after subsection (l) the following:
       ``(m) Definitions.--In this section:
       ``(1) Aggregate data.--The term `aggregate data' means 
     information that relates to a group or category of 
     individuals that is not linked or reasonably linkable to any 
     individual or device that is linked or reasonably linkable to 
     an individual, provided that a platform operator or operator 
     of an automated exposure notification service--
       ``(A) takes reasonable measures to safeguard the data from 
     reidentification;
       ``(B) publicly commits in a conspicuous manner not to 
     attempt to reidentify or associate the data with any 
     individual or device linked or reasonably linkable to an 
     individual;
       ``(C) processes the data for public health purposes only; 
     and
       ``(D) contractually requires the same commitment for all 
     transfers of the data.
       ``(2) Automated exposure notification service.--
       ``(A) In general.--The term `automated exposure 
     notification service' means a website, online service, online 
     application, mobile application, or mobile operating system 
     that is offered in commerce in the United States and that is 
     designed, in part or in full, specifically to be used for, or 
     marketed for, the purpose of digitally notifying, in an 
     automated manner, an individual who may have become exposed 
     to an infectious disease (or the device of such individual, 
     or a person or entity that reviews such disclosures).
       ``(B) Limitations.--Such term does not include--
       ``(i) any technology that a public health authority uses as 
     a means to facilitate traditional in-person, email, or 
     telephonic contact tracing activities, or any similar 
     technology that is used to assist individuals to evaluate if 
     they are experiencing symptoms related to an infectious 
     disease to the extent the technology is not used as an 
     automated exposure notification service; or
       ``(ii) any platform operator or service provider that 
     provides technology to facilitate an automated exposure 
     notification service to the extent the technology acts only 
     to facilitate such services and is not itself used as an 
     automated exposure notification service.
       ``(3) Collect; collection.--The terms `collect' and 
     `collection' mean buying, renting, gathering, obtaining, 
     receiving, accessing, or otherwise acquiring covered data by 
     any means, including by passively or actively observing the 
     behavior of an individual.
       ``(4) Covered data.--The term `covered data' means any 
     information that is--
       ``(A) linked or reasonably linkable to any individual or 
     device linked or reasonably linkable to an individual;
       ``(B) not aggregate data; and
       ``(C) collected, processed, or transferred in connection 
     with an automated exposure notification service.
       ``(5) Indian tribe.--The term `Indian tribe'--
       ``(A) has the meaning given such term in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304); and
       ``(B) includes a Native Hawaiian organization as defined in 
     section 6207 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7517).
       ``(6) Operator of an automated exposure notification 
     service.--The term `operator of an automated exposure 
     notification service' means any person or entity that 
     operates an automated exposure notification service, other 
     than a public health authority, and that is--
       ``(A) subject to the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.); or
       ``(B) an organization not organized to carry on business 
     for the organization's own profit or that of the 
     organization's members.
       ``(7) Platform operator.--The term `platform operator' 
     means any person or entity other than a service provider who 
     provides an operating system that includes features 
     supportive of an automated exposure notification service and 
     facilitates the use or distribution of such automated 
     exposure notification service to the extent the technology is 
     not used by the platform operator as an automated exposure 
     notification service.
       ``(8) Process.--The term `process' means any operation or 
     set of operations performed on covered data, including 
     collection, analysis, organization, structuring, retaining, 
     using, securing, or otherwise handling covered data.
       ``(9) Public health authority.--The term `public health 
     authority' means an agency or authority of the United States, 
     a State, a territory, a political subdivision of a State or 
     territory, or an Indian tribe that is responsible for public 
     health matters as part of its official mandate, or a person 
     or entity acting under a grant of authority from or contract 
     with such public agency.
       ``(10) Service provider.--The term `service provider' means 
     any person or entity, other than a platform operator, that 
     processes or transfers covered data in the course of 
     performing a service or function on behalf of, and at the 
     direction of, a platform operator, an operator of an 
     automated exposure notification service, or a public health 
     authority, but only to the extent that such processing or 
     transfer relates to the performance of such service or 
     function.
       ``(11) State.--The term `State' means any of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(12) Transfer.--The term `transfer' means to disclose, 
     release, share, disseminate, make available, allow access to, 
     sell, license, or otherwise communicate covered data by any 
     means to a nonaffiliated entity or person.''.
       (b) Reports.--Section 1061(e) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(e)) is 
     amended by adding at the end the following:
       ``(3) Report on covid-19 mitigation activities.--Not later 
     than 1 year after the date of enactment of this paragraph, 
     the Board shall issue a report, which shall be publicly 
     available to the greatest extent possible, assessing the 
     impact on privacy and civil liberties of Government 
     activities in response to the public health emergency related 
     to the Coronavirus 2019 (COVID-19), and making 
     recommendations for how the Government should mitigate the 
     threats posed by such emergency.
       ``(4) Reports on public health emergency response.--Not 
     later than 1 year after any Federal emergency or disaster 
     declaration related to public health, or not later than 1 
     year after the termination of such declaration, the Board 
     shall issue a report, which shall be publicly available to 
     the greatest extent possible, assessing the impact on privacy 
     and civil liberties of Government activities in response to 
     such emergency or disaster, and making recommendations for 
     how the Government should mitigate the threats posed by such 
     emergency or disaster.''.
                                 ______
                                 
  SA 2045. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. __. STATEMENT OF POLICY REGARDING IRAN DIPLOMACY.

       It is the policy of the United States as follows:
       (1) Achieving a diplomatic resolution to Iran's nuclear 
     program, one that the United States had in place prior to 
     President Trump's unilateral abrogation from the JCPOA, would 
     represent a meaningful step to preventing a future armed 
     conflict between the United States and Iran, one which would 
     result in the untold loss of life and treasure.
       (2) While the United States no longer has standing in the 
     Joint Commission or the Dispute Resolution mechanism 
     triggered by France, Germany, and the United Kingdom on 
     January 14, 2020, it should support good-faith efforts to 
     achieve one or both of the following:
       (A) Returning all sides to not less than full compliance 
     with its commitments under the JCPOA and refraining from 
     imposing or threatening to impose economic penalties on 
     France, Germany, or the United Kingdom.
       (B) Negotiating an interim agreement that provides Iran 
     with tailored, temporary economic relief in exchange for 
     verifiable measures by Iran that reverses steps taken since 
     May 2019 with respect to its nuclear program.
       (3) Provided that all sides verifiably return to compliance 
     with no less than its commitments under the JCPOA, or to 
     build upon the progress of an interim agreement described in 
     paragraph (2)(B), the United States and the other P5+1 
     parties should seek out negotiations with Iran, prior to 
     2023, towards a new comprehensive agreement that closes off 
     all Iranian paths to a nuclear weapon by--
       (A) addressing the sunset of certain provisions of the 
     JCPOA in 2026; and
       (B) advancing any other measures that advance United States 
     and international security.
       (4) Parallel to one or more of the actions described in 
     paragraph (2), the United States and its international 
     partners should seek to address other aspects of Iran's 
     destabilizing actions in the region and work to bring Iran 
     back to compliance with its human rights obligations.

[[Page S3506]]

       (5) No JCPOA Participating State should issue a claim of 
     ``significant nonperformance'' by Iran to the United Nations 
     Security Council outside of the Dispute Resolution mechanism 
     detailed in paragraphs 36 and 37 of the JCPOA.
       (6) The United States should, consistent with its JCPOA 
     commitments, issue waivers for cooperative projects specified 
     in the JCPOA, all of which make it more difficult for Iran to 
     reconstitute activities that pose a proliferation risk, 
     thereby advancing United States and international security.
       (7) The United States should create an environment in which 
     financial institutions and entities can make practical use of 
     existing exemptions and mechanisms ``allowing for the sale of 
     agricultural commodities, food, medicine, and medical devices 
     to Iran,'' as well as other humanitarian trade.
                                 ______
                                 
  SA 2046. Mr. MARKEY (for himself, Ms. Warren, Mr. Merkley, and Mr. 
Sanders) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

    Subtitle H--Prevention of an Unconstitutional War in North Korea

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``No Unconstitutional War 
     with North Korea Act of 2020''.

     SEC. 1292. FINDINGS.

       Congress makes the following findings:
       (1) The President is currently prohibited from initiating a 
     war or launching a first strike without congressional 
     approval under the United States Constitution and United 
     States law.
       (2) The Constitution, in Article I, Section 8, grants 
     Congress the sole power to declare war.
       (3) Section 2(c) of the War Powers Resolution (50 U.S.C. 
     1541(c)) states that ``the constitutional powers of the 
     President as Commander-in-Chief to introduce United States 
     Armed Forces into hostilities, or into situations where 
     imminent involvement in hostilities is clearly indicated by 
     the circumstances, are exercised only pursuant to (1) a 
     declaration of war, (2) specific statutory authorization, or 
     (3) a national emergency created by attack upon the United 
     States, its territories or possessions, or its armed 
     forces''.

     SEC. 1293. PROHIBITION ON UNCONSTITUTIONAL MILITARY STRIKES 
                   AGAINST NORTH KOREA.

       (a) Prohibition of Authorized Military Force In or Against 
     North Korea.--Except as provided in subsection (b), no 
     Federal funds may be obligated or expended for any use of 
     military force in or against North Korea unless Congress 
     has--
       (1) declared war; or
       (2) enacted specific statutory authorization for such use 
     of military force after the date of the enactment of this Act 
     that meets the requirements of the War Powers Resolution (50 
     U.S.C. 1541 et seq.).
       (b) Exception.--The prohibition under subsection (a) shall 
     not apply to a use of military force that is consistent with 
     section 2(c) of the War Powers Resolution.
       (c) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to prevent the President from using necessary and 
     appropriate force to defend United States allies and partners 
     if Congress enacts specific statutory authorization for such 
     use of force consistent with the requirements of the War 
     Powers Resolution (50 U.S.C. 1541 et seq.);
       (2) to relieve the executive branch of restrictions on the 
     use of force, reporting, or consultation requirements set 
     forth in the War Powers Resolution (50 U.S.C. 1541 et seq.); 
     or
       (3) to authorize the use of military force.

     SEC. 1294. SENSE OF CONGRESS IN SUPPORT OF DIPLOMATIC 
                   RESOLUTION TO GROWING TENSIONS WITH NORTH 
                   KOREA.

       It is the sense of Congress that--
       (1) a conflict on the Korean peninsula would have 
     catastrophic consequences for the American people, for 
     members of the United States Armed Forces stationed in the 
     region, for United States interests, for United States allies 
     the Republic of Korea and Japan, for the long-suffering 
     people of North Korea, and for global peace and security more 
     broadly, and that actions and statements that increase 
     tensions and could lead to miscalculation should be avoided; 
     and
       (2) the President, in coordination with United States 
     allies, should explore and pursue every feasible opportunity 
     to engage in talks with the Government of North Korea on 
     concrete steps to reduce tensions and improve communication, 
     and to reinvigorate high-level negotiations aimed at 
     achieving a diplomatic agreement consistent with the June 12, 
     2018 Joint Statement of President Donald J. Trump of the 
     United States of America and Chairman Kim Jong Un of the 
     Democratic People's Republic of Korea at the Singapore 
     Summit.
                                 ______
                                 
  SA 2047. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 12__. SENSE OF SENATE ON THE REPUBLIC OF KOREA.

       It is the sense of the Senate that--
       (1) with respect to the alliance between the United States 
     and the Republic of Korea--
       (A) ``we go together'' or ``katchi kapshida'' is an 
     enduring motto inspired by the shared sacrifice of the United 
     States and the Republic of Korea during the Korean War, 
     reinforced by our shared values and reaffirmed each time the 
     Republic of Korea has stood alongside the United States in 
     the four major wars the United States has fought outside 
     Korea since 1945;
       (B) a transactional view of the alliance between the United 
     States and the Republic of Korea is contrary to the spirit of 
     ``we go together'';
       (C) 70 years since the start of the Korean War, as the 
     People's Republic of China escalates its aggressive behavior 
     in maritime and air domains and the Democratic People's 
     Republic of Korea continues to enhance and test weapons that 
     threaten regional peace and security, a new strategic 
     environment in the Indo-Pacific region has reinforced the 
     importance of the alliance between the United States and the 
     Republic of Korea;
       (D) the 2018 National Defense Strategy states that ``the 
     willingness of rivals to abandon aggression will depend on 
     their perception of. . .the vitality of our alliances and 
     partnerships'', and thus United States Government actions and 
     public statements that undermine the United States 
     relationship with the Republic of Korea harm United States 
     national security and exacerbate risks to members of the 
     Armed Forces and United States allies and partners; and
       (E) United States alliances and troop deployments should be 
     based on shared principles and goals, not on the profit 
     motive; and
       (2) with respect to nationals of the Republic of Korea who 
     are employees of United States Forces Korea--
       (A) the United States Government should endeavor to avoid 
     actions that negatively affect the welfare or well-being of 
     such individuals;
       (B) as stated by the Commander of United States Forces 
     Korea on March 31, 2020, the partial furlough of such 
     individuals was ``heartbreaking'' and ``in no way a 
     reflection of their performance, dedication, or conduct''; 
     and
       (C) the United States Government should work with the 
     Government of the Republic of Korea to ensure that such 
     individuals do not bear the burden of breakdowns in 
     negotiations regarding defense cost-sharing.
                                 ______
                                 
  SA 2048. Mr. MARKEY (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 of division A, add 
     the following:

     SEC. 1262. TAIWAN FELLOWSHIP PROGRAM.

       (a) Short Title.--This section may be cited as the ``Taiwan 
     Fellowship Act''.
       (b) Findings; Purposes.--
       (1) Findings.--Congress finds the following:
       (A) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
     3301 et seq.) affirmed United States policy ``to preserve and 
     promote extensive, close, and friendly commercial, cultural, 
     and other relations between the people of the United States 
     and the people on Taiwan, as well as the people on the China 
     mainland and all other peoples of the Western Pacific area''.
       (B) Consistent with the Asia Reassurance Initiative Act of 
     2018 (Public Law 115-409), the United States has grown its 
     strategic partnership with Taiwan's vibrant democracy of 
     23,000,000 people.
       (C) Despite a concerted campaign by the People's Republic 
     of China to isolate Taiwan from its diplomatic partners and 
     from international organizations, including the World Health 
     Organization, Taiwan has emerged as a global leader in the 
     coronavirus global pandemic response, including by donating 
     more than 2,000,000 surgical masks and other medical 
     equipment to the United States.
       (D) The creation of a United States fellowship program with 
     Taiwan would support a key priority of expanding people-to-
     people exchanges, which was outlined in the President's 2017 
     National Security Strategy.
       (2) Purposes.--The purposes of this section are--
       (A) to further strengthen the United States-Taiwan 
     strategic partnership and broaden understanding of the Indo-
     Pacific region by temporarily assigning officials of any 
     branch of the United States Government

[[Page S3507]]

     to Taiwan for intensive study in Mandarin and placement as 
     Fellows with Taiwan central authorities or a Taiwanese civic 
     institution;
       (B) to provide for eligible United States personnel to 
     learn Mandarin Chinese and expand their understanding of the 
     political economy of Taiwan and the Indo-Pacific region;
       (C) to better position the United States to advance its 
     economic, security, and human rights interests in the Indo-
     Pacific region; and
       (D) to encourage further expansion of other people-to-
     people exchanges, including by expanding the Fulbright 
     Scholars Program, the International Visitors Leadership 
     Program, and other exchange programs that permit the people 
     of Taiwan to work and study in the United States.
       (c) Definitions.--In this section:
       (1) Agency head.--The term ``agency head'' means--
       (A) in the case of the executive branch of United States 
     Government or an agency of the legislative branch other than 
     the Senate or the House of Representatives, the head of the 
     respective agency;
       (B) in the case of the judicial branch of United States 
     Government, the chief judge of the respective court;
       (C) in the case of the Senate, the President pro tempore, 
     in consultation with the Majority Leader and the Minority 
     Leader of the Senate; and
       (D) in the case of the House of Representatives, the 
     Speaker of the House, in consultation with the Majority 
     Leader and the Minority Leader of the House of 
     Representatives.
       (2) Agency of the united states government.--The term 
     ``agency of the United States Government'' includes any 
     agency of the legislative branch and any court of the 
     judicial branch as well as any agency of the executive 
     branch.
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Appropriations of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (4) Detailee.--The term ``detailee'' means an employee of 
     an agency of the United States Government on loan to the 
     American Institute in Taiwan without a change of position 
     from the agency at which he or she is employed.
       (5) Implementing partner.--The term ``implementing 
     partner'' means any United States organization described in 
     501(c)(3) of the Internal Revenue Code of 1986 that--
       (A) performs logistical, administrative, and other 
     functions, as determined by the Department of State and the 
     American Institute of Taiwan in support of the Taiwan 
     Fellowship Program; and
       (B) enters into a cooperative agreement with the American 
     Institute in Taiwan to administer the Taiwan Fellowship 
     Program.
       (d) Establishment of Taiwan Fellowship Program.--
       (1) Establishment.--The Secretary of State shall establish 
     the ``Taiwan Fellowship Program'' to provide 2-year 
     fellowship opportunities in Taiwan for eligible United States 
     citizens. The Department of State, in consultation with the 
     American Institute in Taiwan and the implementing partner, 
     may modify the program name.
       (2) Grants.--
       (A) In general.--The American Institute in Taiwan should 
     use amounts appropriated pursuant to subsection (g)(1) to 
     provide annual or multi-year grants to an appropriate 
     implementing partner.
       (B) Fellowships.--The Department of State, in consultation 
     with the American Institute in Taiwan and, as appropriate, 
     the implementing partner, should annually award not fewer 
     than 10 2-year fellowships (based on available funding) to 
     eligible United States citizens.
       (3) International agreement; implementing partner.--Not 
     later than 30 days after the date of the enactment of this 
     Act, the American Institute in Taiwan, in consultation with 
     the Department of State, should--
       (A) begin negotiations with the Taipei Economic and 
     Cultural Representative Office, or with another appropriate 
     entity, for the purpose of entering into an agreement to 
     facilitate the placement of fellows in an agency of the 
     Taiwan authorities during the second year of their 
     fellowships; and
       (B) begin the process of selecting an implementing partner, 
     which--
       (i) shall agree to meet all of the legal requirements 
     required to operate in Taiwan; and
       (ii) shall be composed of staff who demonstrate significant 
     experience managing exchange programs in the Indo-Pacific 
     region.
       (4) Curriculum.--
       (A) First year.--During the first year of each fellowship 
     under this subsection, each fellow should study--
       (i) the Mandarin Chinese language;
       (ii) the people, history, and political climate on Taiwan; 
     and
       (iii) the issues affecting the relationship between the 
     United States and the Indo-Pacific region.
       (B) Second year.--During the second year of each fellowship 
     under this subsection, each fellow, subject to the approval 
     of the Department of State, the American Institute in Taiwan, 
     and the implementing partner, and in accordance with the 
     purposes of this Act, shall work in--
       (i) a parliamentary office, ministry, or other agency of 
     Taiwan authorities; or
       (ii) an organization outside of Taiwan authorities, whose 
     interests are associated with the interests of the fellow and 
     the agency of the United States Government from which the 
     fellow had been employed.
       (5) Pilot program.--Notwithstanding any requirement under 
     this section, during fiscal years 2021 and 2022, the 
     Secretary of State may select fewer than 10 fellows for 
     placement in a parliamentary office, ministry, or other 
     agency of Taiwan authorities for a period shorter than 1 
     year.
       (e) Program Requirements.--
       (1) Eligibility requirements.--A United States citizen is 
     eligible for a fellowship under subsection (d) if he or she--
       (A) is an employee of the United States Government;
       (B) has at least 2 years of experience in any branch of the 
     United States Government;
       (C) has a strong career interest in the relationship 
     between the United States and countries in the Indo-Pacific 
     region;
       (D) has demonstrated his or her commitment to further 
     service in the United States Government; and
       (E) meets any other qualifications established by the 
     Department of State, the American Institute in Taiwan and, as 
     appropriate, its implementing partner.
       (2) Responsibilities of fellows.--Each recipient of a 
     fellowship under this subsection should agree, as a condition 
     of such fellowship--
       (A) to maintain satisfactory progress in language training 
     and appropriate behavior in Taiwan, as determined by the 
     Department of State, the American Institute in Taiwan and, as 
     appropriate, its implementing partner;
       (B) to refrain from engaging in any intelligence or 
     intelligence-related activity on behalf of the United States 
     Government; and
       (C) to continue Federal Government employment for a period 
     of not less than 2 years after the conclusion of the 
     fellowship unless, if the implementing partner determines, 
     after consultation with the American Institute of Taiwan, 
     that the fellow is unable to secure such employment for 
     reasons beyond the fellow's control, after receiving 
     assistance from the sponsoring agency.
       (3) Responsibilities of implementing partner.--
       (A) Selection of fellows.--The implementing partner, in 
     close coordination with the Department of State and the 
     American Institute in Taiwan, shall--
       (i) make efforts to recruit fellowship candidates who 
     reflect the diversity of the United States; and
       (ii) select fellows for the Taiwan Fellowship Program based 
     solely on merit, with appropriate supervision from the 
     Department of State and the American Institute in Taiwan.
       (B) First year.--The implementing partner may provide each 
     fellow in the first year of his or her fellowship with--
       (i) intensive Mandarin Chinese language training; and
       (ii) courses in the political economy of Taiwan, China, and 
     the broader Indo-Pacific.
       (C) Waiver of required training.--The Department of State, 
     in coordination with the American Institute in Taiwan and, as 
     appropriate, the implementing partner, may waive any of the 
     training required under subparagraph (A) to the extent that a 
     fellow has Mandarin language skills, knowledge of the topic 
     described in subparagraph (B)(ii), or for other reasons 
     approved by the Department of State and the American 
     Institute in Taiwan. If any of the training requirement is 
     waived for a fellow, the first year of his or her fellowship 
     may be shortened to the extent appropriate.
       (D) Office; staffing.--The implementing partner, in 
     consultation with the Department of State and the American 
     Institute in Taiwan, shall maintain an office and at least 1 
     full-time staff member in Taiwan--
       (i) to liaise with the American Institute in Taiwan and 
     Taiwan authorities; and
       (ii) to serve as the primary in-country point of contact 
     for the recipients of fellowships under this Act and their 
     dependents.
       (4) Noncompliance.--
       (A) In general.--Any fellow who fails to comply with the 
     requirements under this subsection shall reimburse the 
     American Institute in Taiwan for--
       (i) the Federal funds expended for the fellow's 
     participation in the fellowship, as set forth in 
     subparagraphs (B) and (C); and
       (ii) interest accrued on such funds (calculated at the 
     prevailing rate).
       (B) Full reimbursement.--Any fellow who violates 
     subparagraph (A) or (B) of paragraph (2) shall reimburse the 
     American Institute in Taiwan in an amount equal to the sum 
     of--
       (i) all of the Federal funds expended for the fellow's 
     participation in the fellowship; and
       (ii) interest on the amount specified in clause (i), which 
     shall be calculated at the prevailing rate.
       (C) Pro rata reimbursement.--Any fellow who violates 
     paragraph (2)(C) shall reimburse the American Institute in 
     Taiwan in an amount equal to the difference between--
       (i) the amount specified in subparagraph (B); and
       (ii) the product of--

       (I) the amount the fellow received in compensation during 
     the final year of the fellowship, including the value of any 
     allowances

[[Page S3508]]

     and benefits received by the fellow; multiplied by
       (II) the percentage of the period specified in paragraph 
     (2)(C) during which the fellow did not remain employed by the 
     Federal Government.

       (5) Annual report.--Not later than 90 days after the 
     selection of the first class of fellows under this section, 
     and annually thereafter, the Department of State shall offer 
     to brief the appropriate congressional committees regarding 
     the following issues:
       (A) An assessment of the performance of the implementing 
     partner in fulfilling the purposes of this section.
       (B) The names and sponsoring agencies of the fellows 
     selected by the implementing partner and the extent to which 
     such fellows represent the diversity of the United States.
       (C) The names of the parliamentary offices, ministries, 
     other agencies of the Taiwan authorities, and nongovernmental 
     institutions to which each fellow was assigned during the 
     second year of the fellowship.
       (D) Any recommendations to improve the implementation of 
     the Taiwan Fellows Program, including added flexibilities in 
     the administration of the program.
       (E) An assessment of the Taiwan Fellows Program's value 
     upon the relationship between the United States and Taiwan or 
     the United States and Asian countries.
       (6) Annual financial audit.--
       (A) In general.--The financial records of any implementing 
     partner shall be audited annually in accordance with 
     generally accepted auditing standards by independent 
     certified public accountants or independent licensed public 
     accountants who are certified or licensed by a regulatory 
     authority of a State or another political subdivision of the 
     United States.
       (B) Location.--Each audit under subparagraph (A) shall be 
     conducted at the place or places where the financial records 
     of the implementing partner are normally kept.
       (C) Access to documents.--The implementing partner shall 
     make available to the accountants conducting an audit under 
     subparagraph (A)--
       (i) all books, financial records, files, other papers, 
     things, and property belonging to, or in use by, the 
     implementing partner that are necessary to facilitate the 
     audit; and
       (ii) full facilities for verifying transactions with the 
     balances or securities held by depositories, fiscal agents, 
     and custodians.
       (D) Report.--
       (i) In general.--Not later than 6 months after the end of 
     each fiscal year, the implementing partner shall provide a 
     report of the audit conducted for such fiscal year under 
     subparagraph (A) to the Department of State and the American 
     Institute in Taiwan.
       (ii) Contents.--Each audit report shall--

       (I) set forth the scope of the audit;
       (II) include such statements, along with the auditor's 
     opinion of those statements, as may be necessary to present 
     fairly the implementing partner's assets and liabilities, 
     surplus or deficit, with reasonable detail;
       (III) include a statement of the implementing partner's 
     income and expenses during the year; and
       (IV) include a schedule of--

       (aa) all contracts and grants requiring payments greater 
     than $5,000; and
       (bb) any payments of compensation, salaries, or fees at a 
     rate greater than $5,000 per year.
       (iii) Copies.--Each audit report shall be produced in 
     sufficient copies for distribution to the public.
       (f) Taiwan Fellows on Detail From Government Service.--
       (1) In general.--
       (A) Detail authorized.--With the approval of the Secretary 
     of State, an agency head may detail, for a period of not more 
     than 2 years, an employee of the agency of the United States 
     Government who has been awarded a fellowship under this 
     section, to the American Institute in Taiwan.
       (B) Agreement.--Each detailee shall enter into a written 
     agreement with the Federal Government before receiving a 
     fellowship, in which the fellow shall agree--
       (i) to continue in the service of the sponsoring agency at 
     the end of the fellowship for a period of at least 2 years 
     unless the detailee is involuntarily separated from the 
     service of such agency or participates in a pilot program 
     authorized under subsection (d)(5); and
       (ii) to pay to the American Institute in Taiwan any 
     additional expenses incurred by the Federal Government in 
     connection with the fellowship if the detailee voluntarily 
     separates from service with the sponsoring agency before the 
     end of the period for which the detailee has agreed to 
     continue in the service of such agency.
       (C) Exception.--The payment agreed to under subparagraph 
     (B)(ii) may not be required of a detailee who leaves the 
     service of the sponsoring agency to enter into the service of 
     another agency of the United States Government unless the 
     head of the sponsoring agency notifies the detailee before 
     the effective date of entry into the service of the other 
     agency that payment will be required under this paragraph.
       (2) Status as government employee.--A detailee--
       (A) is deemed, for the purpose of preserving allowances, 
     privileges, rights, seniority, and other benefits, to be an 
     employee of the sponsoring agency;
       (B) is entitled to pay, allowances, and benefits from funds 
     available to such agency, which is deemed to comply with 
     section 5536 of title 5, United States Code; and
       (C) may be detailed to a position with an entity described 
     in subsection (d)(4)(B)(i) if acceptance of such position 
     does not involve--
       (i) the taking of an oath of allegiance to another 
     government; or
       (ii) the acceptance of compensation or other benefits from 
     any foreign government by such detailee.
       (3) Responsibilities of sponsoring agency.--
       (A) In general.--The Federal agency from which a detailee 
     is detailed should provide the fellow allowances and benefits 
     that are consistent with Department of State Standardized 
     Regulations, including--
       (i) a living quarters allowance to cover the cost of 
     housing in Taiwan;
       (ii) a cost of living allowance to cover any possible 
     higher costs of living in Taiwan;
       (iii) a temporary quarters subsistence allowance for up to 
     7 days if the fellow is unable to find housing immediately 
     upon arriving in Taiwan;
       (iv) an education allowance to assist parents in providing 
     the fellow's minor children with educational services 
     ordinarily provided without charge by public schools in the 
     United States;
       (v) moving expenses to transport personal belongings of the 
     fellow and his or her family in their move to Taiwan, which 
     is comparable to the allowance given for American Institute 
     in Taiwan employees assigned to Taiwan; and
       (vi) an economy-class airline ticket to and from Taiwan for 
     each fellow and the fellow's immediate family.
       (B) Modification of benefits.--The American Institute in 
     Taiwan and its implementing partner, with the approval of the 
     Department of State, may modify the benefits set forth in 
     subparagraph (A) if such modification is warranted by fiscal 
     circumstances.
       (4) No financial liability.--The American Institute in 
     Taiwan, the implementing partner, and any governmental or 
     nongovernmental entity in Taiwan at which a fellow is 
     detailed during the second year of the fellowship may not be 
     held responsible for the pay, allowances, or any other 
     benefit normally provided to the detailee.
       (5) Reimbursement.--Fellows may be detailed under paragraph 
     (1)(A) without reimbursement to the United States by the 
     American Institute in Taiwan.
       (6) Allowances and benefits.--Detailees may be paid by the 
     American Institute in Taiwan for the allowances and benefits 
     listed in paragraph (3).
       (g) Funding.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated to the American Institute in Taiwan--
       (A) for fiscal year 2021, $500,000 to launch the Taiwan 
     Fellowship Program through the issuance of a competitive 
     grant to an appropriate implementing partner; and
       (B) for fiscal year 2021, and each succeeding fiscal year, 
     $3,200,000, of which--
       (i) $3,100,000 shall be used for a grant to the appropriate 
     implementing partner; and
       (ii) $100,000 shall be used for management expenses of the 
     American Institute in Taiwan related to the management of the 
     Taiwan Fellowship Program.
       (2) Private sources.--The implementing partner selected to 
     implement the Taiwan Fellowship Program may accept, use, and 
     dispose of gifts or donations of services or property in 
     carrying out such program, subject to the review and approval 
     of the American Institute in Taiwan.
                                 ______
                                 
  SA 2049. Mr. MARKEY (for himself, Mr. Bennet, Ms. Hassan, and Mr. Van 
Hollen) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 1085. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER 
                   EQUIPMENT, AND CONNECTED DEVICES DURING 
                   EMERGENCY PERIODS RELATING TO COVID-19.

       (a) Definitions.--In this section:
       (1) Advanced telecommunications and information services.--
     The term ``advanced telecommunications and information 
     services'' means advanced telecommunications and information 
     services, as that term is used in section 254(h) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)).
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (3) Connected device.--The term ``connected device'' means 
     a laptop computer, tablet computer, or similar device that is 
     capable of connecting to advanced telecommunications and 
     information services.
       (4) Covered regulations.--The term ``covered regulations'' 
     means the regulations promulgated under subsection (b).
       (5) COVID-19 emergency period.--The term ``COVID-19 
     emergency period'' means the period during which a public 
     health emergency declared pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C.

[[Page S3509]]

     247d) with respect to COVID-19, including under any renewal 
     of such declaration, is in effect.
       (6) Emergency connectivity fund.--The term ``Emergency 
     Connectivity Fund'' means the fund established under 
     subsection (h)(1).
       (7) Eligible equipment.--The term ``eligible equipment'' 
     means the following:
       (A) Wi-Fi hotspots.
       (B) Modems.
       (C) Routers.
       (D) Devices that combine a modem and router.
       (E) Connected devices.
       (8) Library.--The term ``library'' includes a library 
     consortium.
       (9) Wi-fi.--The term ``Wi-Fi'' means a wireless networking 
     protocol based on Institute of Electrical and Electronics 
     Engineers standard 802.11 (or any successor standard).
       (10) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a 
     device that is capable of--
       (A) receiving mobile advanced telecommunications and 
     information services; and
       (B) sharing such services with another device through the 
     use of Wi-Fi.
       (b) Regulations Required.--Not later than 7 days after the 
     date of enactment of this Act, the Commission shall 
     promulgate regulations providing for the provision, from 
     amounts made available from the Emergency Connectivity Fund, 
     of support under section 254(h)(1)(B) of the Communications 
     Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an elementary school, 
     secondary school, or library (including a Tribal elementary 
     school, Tribal secondary school, or Tribal library) eligible 
     for support under that section, during a COVID-19 emergency 
     period (including any portion of the period occurring before 
     the date of enactment of this Act) of eligible equipment or 
     advanced telecommunications and information services, for use 
     by--
       (1) in the case of a school, students and staff of the 
     school at locations that include locations other than the 
     school; and
       (2) in the case of a library, patrons of the library at 
     locations that include locations other than the library.
       (c) Eligibility of Tribal Libraries.--For purposes of 
     determining the eligibility of a Tribal library for support 
     under the covered regulations, the portion of paragraph (4) 
     of section 254(h) of the Communications Act of 1934 (47 
     U.S.C. 254(h)) relating to eligibility for assistance from a 
     State library administrative agency under the Library 
     Services and Technology Act (20 U.S.C. 9121 et seq.) shall 
     not apply.
       (d) Prioritization of Support.--The Commission shall 
     provide in the covered regulations for a mechanism to require 
     a school or library to prioritize the provision of eligible 
     equipment or advanced telecommunications and information 
     services (or both), for which support is received under those 
     regulations, to students and staff or patrons (as the case 
     may be) that the school or library believes do not have 
     access to eligible equipment or advanced telecommunications 
     and information services (or do not have access to either), 
     respectively, at the residences of the students and staff or 
     patrons.
       (e) Treatment of Equipment After Emergency Period.--The 
     Commission shall provide in the covered regulations that, in 
     the case of a school or library that purchases eligible 
     equipment using support received under the covered 
     regulations, the school or library--
       (1) may, after the COVID-19 emergency period with respect 
     to which the support is received, use the equipment for any 
     purposes that the school or library considers appropriate, 
     subject to any restrictions provided in the covered 
     regulations (or any successor regulation); and
       (2) may not sell or otherwise transfer the equipment in 
     exchange for any thing (including a service) of value, except 
     that the school or library may exchange the equipment for 
     upgraded equipment of the same type.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to affect any authority of the Commission under 
     section 254(h)(1)(B) of the Communications Act of 1934 (47 
     U.S.C. 254(h)(1)(B)) to allow support under that section to 
     be used for the purposes described in subsection (b) of this 
     section other than as required by that subsection.
       (g) Procedural Matters.--
       (1) Part 54 regulations.--Nothing in this section shall be 
     construed to prevent the Commission from providing that the 
     regulations in part 54 of title 47, Code of Federal 
     Regulations--
       (A) shall apply in whole or in part to support provided 
     under the covered regulations;
       (B) shall not apply in whole or in part to support provided 
     under the covered regulations; or
       (C) shall be modified in whole or in part for purposes of 
     application to support provided under the covered 
     regulations.
       (2) Exemption from certain rulemaking requirements.--
     Subsections (b), (c), and (d) of section 553 of title 5, 
     United States Code, shall not apply to the covered 
     regulations or a rulemaking to promulgate the covered 
     regulations.
       (3) Paperwork reduction act exemption.--A collection of 
     information conducted or sponsored under the covered 
     regulations, or under section 254 of the Communications Act 
     of 1934 (47 U.S.C. 254) in connection with support provided 
     under the covered regulations, shall not constitute a 
     collection of information for the purposes of subchapter I of 
     chapter 35 of title 44, United States Code (commonly referred 
     to as the ``Paperwork Reduction Act'').
       (h) Emergency Connectivity Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Emergency 
     Connectivity Fund''.
       (2) Appropriation.--There is appropriated to the Emergency 
     Connectivity Fund, out of any money in the Treasury not 
     otherwise appropriated, $4,000,000,000 for fiscal year 2020, 
     to remain available through fiscal year 2021.
       (3) Use of funds.--Amounts in the Emergency Connectivity 
     Fund shall be available to the Commission to provide support 
     under the covered regulations.
       (4) Relationship to universal service contributions.--
     Support provided under the covered regulations shall be 
     provided from amounts made available under paragraph (3) and 
     not from contributions under section 254(d) of the 
     Communications Act of 1934 (47 U.S.C. 254(d)).
                                 ______
                                 
  SA 2050. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1287. CONGRESSIONAL APPROVAL REQUIRED FOR CIVILIAN 
                   NUCLEAR COOPERATION AGREEMENTS UNDER CERTAIN 
                   CIRCUMSTANCES.

       (a) In General.--Notwithstanding any other requirements 
     under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153), the President, concurrent with submitting a proposed 
     civilian nuclear cooperation agreement with a foreign country 
     in accordance with the requirements of such section 123, and 
     60 days prior to the renewal of any pre-existing civilian 
     nuclear cooperation agreement, shall submit to Congress a 
     report--
       (1) declaring any credible evidence that the foreign 
     country intends, conditionally or unconditionally, to pursue 
     a nuclear program that is not inherently peaceful, including 
     public statements to that effect by a senior leader of that 
     foreign country;
       (2) citing any instance in which the foreign government has 
     committed a significant violation of, or engaged in a pattern 
     of violations of, international standards with respect to the 
     development, storage, deployment, or use of weapons of mass 
     destruction, including the Chemical Weapons Convention, the 
     Biological Weapons Convention, or the Nuclear 
     Nonproliferation Treaty;
       (3) stating whether or not the foreign government has 
     committed to not enrich uranium or reprocess plutonium on its 
     own territory concurrent to a submitted proposed civilian 
     nuclear cooperation agreement or a renewal of any pre-
     existing civilian nuclear cooperation agreement; and
       (4) stating whether or not the foreign government has 
     committed to sign and ratify the Additional Protocol to its 
     International Atomic Energy Agency Safeguards Agreement.
       (b) Required Actions.--If a report submitted under 
     subsection (a) describes any known instance set forth under 
     paragraphs (1) and (2) of such subsection, then, 
     notwithstanding any other requirements under section 123 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2153), the civilian 
     nuclear cooperation agreement with the foreign country in 
     question, or the renewal of any pre-existing agreement, may 
     only enter into effect on or after the date on which both of 
     the following conditions have been met:
       (1) The President has submitted a proposed agreement with 
     the foreign country in accordance with the requirements of 
     such section 123.
       (2) On or after the date of the submission of the proposed 
     agreement under paragraph (1), a joint resolution stating 
     that Congress approves such agreement has been enacted.
       (c) Limited Exemption.--The requirements under subsection 
     (b) do not apply to any country that is a Nuclear Weapon 
     State as defined by the Nuclear Nonproliferation Treaty 
     unless the report submitted under subsection (a) describes 
     any known instance set forth under paragraph (2) of such 
     subsection.
       (d) Definitions.--In this section:
       (1) Biological weapons convention.--The term ``Biological 
     Weapons Convention'' means the Convention on the Prohibition 
     of the Development, Production and Stockpiling of 
     Bacteriological and Toxin Weapons and on their Destruction, 
     done at Washington, London, and Moscow, April 10, 1972.
       (2) Chemical weapons convention.--The term ``Chemical 
     Weapons Convention'' means the Convention on the Prohibition 
     of the Development, Production, Stockpiling and use of 
     Chemical Weapons and on their Destruction, done at Paris, 
     January 13, 1993.
       (3) Nuclear nonproliferation treaty.--The term ``Nuclear 
     Nonproliferation Treaty'' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, done at Washington, London, 
     and Moscow, July 1, 1968.
                                 ______
                                 
  SA 2051. Mr. MARKEY (for himself, Ms. Warren, Mr. Durbin, Mrs. 
Gillibrand, Mr. Cardin, Mr. Van Hollen, Mrs. Feinstein, Mr. Merkley, 
Mr.

[[Page S3510]]

Murphy, Ms. Smith, Mr. Sanders, Ms. Baldwin, Mr. Wyden, Mr. Brown, Ms. 
Hirono, Mr. Casey, and Mrs. Murray) submitted an amendment intended to 
be proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of 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 3167 and insert the following:

     SEC. 3167. PROHIBITION ON USE OF FUNDS FOR NUCLEAR WEAPONS 
                   TEST EXPLOSIONS.

       (a) In General.--None of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 
     2021, or authorized to be appropriated or otherwise made 
     available for any fiscal year before fiscal year 2021 and 
     available for obligation as of the date of the enactment of 
     this Act, may be obligated or expended to conduct or make 
     preparations for any explosive nuclear weapons test that 
     produces any yield.
       (b) Rule of Construction.--Subsection (a) does not limit 
     nuclear stockpile stewardship activities that are consistent 
     with the zero-yield standard and other requirements under 
     law.
                                 ______
                                 
  SA 2052. Mr. MARKEY (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 1656. PROHIBITION ON USE OF FUNDS FOR CERTAIN NUCLEAR 
                   WEAPONS ACTIVITIES.

       Notwithstanding any other provision of this Act of any 
     other provision of law, none of the funds authorized to be 
     appropriated or otherwise made available by this Act may be 
     obligated or expended by the Department of Defense or the 
     Department of Energy for--
       (1) research, development, test, and evaluation or 
     procurement of the ground-based strategic deterrent or any 
     new intercontinental ballistic missile and the W87-1 warhead;
       (2) research, development, test, and evaluation or 
     procurement of the long-range stand-off weapon or the W80-4 
     warhead life extension program;
       (3) research, development, test, and evaluation or 
     procurement of a nuclear sea-launched cruise missile;
       (4) plutonium process at the Savannah River Site, Aiken, 
     South Carolina;
       (5) sustaining the B83-1 bomb after fiscal year 2025; or
       (6) concept assessment and refinement activities for the 
     W93 warhead.
                                 ______
                                 
  SA 2053. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 REQUIREMENTS.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) 
     is amended--
       (1) in paragraph (7)--
       (A) in subparagraph (F), by striking ``and'' at the end;
       (B) in subparagraph (G), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(H) with respect to a Federal agency to which subsection 
     (f)(1) or (n)(1) applies, whether the Federal agency has 
     satisfied the requirement under each applicable subsection 
     for the year covered by the report;'';
       (2) in paragraph (9), by striking ``and'' at the end;
       (3) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(11) with respect to a Federal agency to which subsection 
     (f)(1) or (n)(1) applies and that the Administration 
     determines has not satisfied the requirement under either 
     applicable subsection, require the head of that Federal 
     agency to submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report regarding 
     why the Federal agency has not satisfied the requirement.''.
                                 ______
                                 
  SA 2054. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 RESOURCES FOR THE OFFICE OF INNOVATION 
                   AND TECHNOLOGY.

       Section 9(mm) of the Small Business Act (15 U.S.C. 638(mm)) 
     is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``paragraph (3)'' and inserting ``paragraphs 
     (3) and (4)'';
       (2) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Transfer to office of innovation and technology.--Of 
     the amount that a Federal agency allocates for uses under 
     paragraph (1), the agency shall transfer 5 percent of that 
     amount to the Office of Innovation and Technology of the 
     Administration, which the Office shall use to carry out the 
     functions of the Office.''.
                                 ______
                                 
  SA 2055. Mr. DURBIN (for himself, Ms. Hirono, Mr. Blumenthal, Mr. 
Brown, Mr. Kaine, Mr. Merkley, and Mr. Booker) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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 X, add the following:

     SEC. 1085. PROHIBITION ON SMOKING IN FACILITIES OF THE 
                   VETERANS HEALTH ADMINISTRATION.

       (a) Prohibition.--
       (1) In general.--Section 1715 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 1715. Prohibition on smoking in facilities of the 
       Veterans Health Administration

       ``(a) Prohibition.--No person (including any veteran, 
     patient, resident, employee of the Department, contractor, or 
     visitor) may smoke on the premises of any facility of the 
     Veterans Health Administration.
       ``(b) Definitions.--In this section:
       ``(1) The term `facility of the Veterans Health 
     Administration' means any land or building (including any 
     medical center, nursing home, domiciliary facility, 
     outpatient clinic, or center that provides readjustment 
     counseling) that is--
       ``(A) under the jurisdiction of the Department of Veterans 
     Affairs;
       ``(B) under the control of the Veterans Health 
     Administration; and
       ``(C) not under the control of the General Services 
     Administration.
       ``(2) The term `smoke' includes--
       ``(A) the use of cigarettes, cigars, pipes, and any other 
     combustion or heating of tobacco; and
       ``(B) the use of any electronic nicotine delivery system, 
     including electronic or e-cigarettes, vape pens, and e-
     cigars.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 17 of such title is 
     amended by striking the item relating to section 1715 and 
     inserting the following new item:

``1715. Prohibition on smoking in facilities of the Veterans Health 
              Administration.''.
       (b) Conforming Amendment.--Section 526 of the Veterans 
     Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 
     note) is repealed.
                                 ______
                                 
  SA 2056. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1___. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS 
                   RELEASE INVENTORY.

       Section 7321 of the PFAS Act of 2019 (Public Law 116-92) is 
     amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (A), by striking ``subparagraph (B)'' 
     and inserting ``subparagraphs (B) and (C)''; and
       (B) by adding at the end the following:
       ``(C) Limitation.--Section 372.38 of title 40, Code of 
     Federal Regulations (or successor regulations), shall not 
     apply to a perfluoroalkyl or polyfluoroalkyl substance or 
     class of perfluoroalkyl or polyfluoroalkyl substances 
     described in paragraph (1) unless the Administrator, in 
     accordance with subparagraph (B), revises the threshold for 
     reporting the substance or class of substances to 10,000 
     pounds.''; and

[[Page S3511]]

       (2) in subsection (c)(2)--
       (A) in subparagraph (A), by striking ``subparagraph (B)'' 
     and inserting ``subparagraphs (B) and (C)''; and
       (B) by adding at the end the following:
       ``(C) Limitation.--Section 372.38 of title 40, Code of 
     Federal Regulations (or successor regulations), shall not 
     apply to a substance or class of substances described in 
     paragraph (1) unless the Administrator, in accordance with 
     subparagraph (B), revises the threshold for reporting the 
     substance or class of substances to 10,000 pounds.''.
                                 ______
                                 
  SA 2057. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 X, add the following:

     SEC. 1085. NOTIFICATIONS AND REPORTS REGARDING REPORTED CASES 
                   OF BURN PIT EXPOSURE.

       (a) Quarterly Notifications.--
       (1) In general.--On a quarterly basis, the Secretary of 
     Veterans Affairs shall submit to the appropriate 
     congressional committees a report on each case of burn pit 
     exposure by a covered veteran reported during the previous 
     quarter.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include, with respect to each case of burn pit exposure 
     of a covered veteran included in the report, the following:
       (A) Notice of the case, including the medical facility at 
     which the case was reported.
       (B) Notice of, as available--
       (i) the enrollment status of the covered veteran with 
     respect to the patient enrollment system of the Department of 
     Veterans Affairs under section 1705(a) of title 38, United 
     States Code;
       (ii) a summary of all health care visits by the covered 
     veteran at the medical facility at which the case was 
     reported that are related to the case;
       (iii) the demographics of the covered veteran, including 
     age, sex, and race;
       (iv) any non-Department of Veterans Affairs health care 
     benefits that the covered veteran receives;
       (v) the Armed Force in which the covered veteran served and 
     the rank of the covered veteran;
       (vi) the period in which the covered veteran served;
       (vii) each location of an open burn pit from which the 
     covered veteran was exposed to toxic airborne chemicals and 
     fumes during such service;
       (viii) the medical diagnoses of the covered veteran and the 
     treatment provided to the veteran; and
       (ix) whether the covered veteran is registered in the 
     Airborne Hazards and Open Burn Pit Registry.
       (3) Protection of information.--The Secretary shall ensure 
     that the reports submitted under paragraph (1) do not include 
     the identity of covered veterans or contain other personally 
     identifiable data.
       (b) Annual Report on Cases.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Veterans Affairs, in collaboration with the 
     Secretary of Defense, shall submit to the appropriate 
     congressional committees a report detailing the following:
       (A) The total number of covered veterans.
       (B) The total number of claims for disability compensation 
     under chapter 11 of title 38, United States Code, approved 
     and the total number denied by the Secretary of Veterans 
     Affairs with respect to a covered veteran, and for each such 
     denial, the rationale of the denial.
       (C) A comprehensive list of--
       (i) the conditions for which covered veterans seek 
     treatment; and
       (ii) the locations of the open burn pits from which the 
     covered veterans were exposed to toxic airborne chemicals and 
     fumes.
       (D) Identification of any illnesses relating to exposure to 
     open burn pits that formed the basis for the Secretary to 
     award benefits, including entitlement to service connection 
     or an increase in disability rating.
       (E) Any updates or trends with respect to the information 
     described in subparagraphs (A), (B), and (C) that the 
     Secretary determines appropriate.
       (2) Matters included in first report.--The Secretary shall 
     include in the first report under paragraph (1) information 
     specified in subsection (a)(2) with respect to reported cases 
     of burn pit exposure made during the period beginning January 
     1, 1990, and ending on the day before the date of the 
     enactment of this Act.
       (c) Information Regarding Registry.--Section 201(a) of the 
     Dignified Burial and Other Veterans' Benefits Improvement Act 
     of 2012 (Public Law 112-260; 38 U.S.C. 527 note) is amended 
     by adding at the end the following new paragraph:
       ``(3) Information.--
       ``(A) Notice.--The Secretary of Veterans Affairs shall 
     ensure that a medical professional of the Department of 
     Veterans Affairs informs a veteran of the registry under 
     paragraph (1) if the veteran presents at a medical facility 
     of the Department for treatment that the veteran describes as 
     being related to, or ancillary to, the exposure of the 
     veteran to toxic airborne chemicals and fumes caused by open 
     burn pits.
       ``(B) Display.--In making information public regarding the 
     number of participants in the registry under paragraph (1), 
     the Secretary shall display such numbers by both State and by 
     congressional district.''.
       (d) Comptroller General Report.--Not later than 180 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     congressional committees a report containing an assessment of 
     the effectiveness of any memorandum of understanding or 
     memorandum of agreement entered into by the Secretary of 
     Veterans Affairs with respect to--
       (1) the processing of reported cases of exposure to open 
     burn pits; and
       (2) the coordination of care and provision of health care 
     relating to such cases at medical facilities of the 
     Department of Veterans Affairs and at non-Department 
     facilities.
       (e) Definitions.--In this section:
       (1) The term ``Airborne Hazards and Open Burn Pit 
     Registry'' means the registry established by the Secretary of 
     Veterans Affairs under section 201 of the Dignified Burial 
     and Other Veterans' Benefits Improvement Act of 2012 (Public 
     Law 112-260; 38 U.S.C. 527 note).
       (2) The term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the Senate; and
       (B) The Committee on Veterans' Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (3) The term ``covered veteran'' means a veteran who 
     presents at a medical facility of the Department of Veterans 
     Affairs (or in a non-Department facility pursuant to section 
     1703 or 1703A of title 38, United States Code) for treatment 
     that the veteran describes as being related to, or ancillary 
     to, the exposure of the veteran to toxic airborne chemicals 
     and fumes caused by open burn pits at any time while serving 
     in the Armed Forces.
       (4) The term ``open burn pit'' has the meaning given that 
     term in section 201(c) of the Dignified Burial and Other 
     Veterans' Benefits Improvement Act of 2012 (Public Law 112-
     260; 38 U.S.C. 527 note).
       (5) The term ``reported case of burn pit exposure'' means 
     each instance in which a veteran presents at a medical 
     facility of the Department of Veterans Affairs (or in a non-
     Department facility pursuant to section 1703 or 1703A of 
     title 38, United States Code) for treatment that the veteran 
     describes as being related to, or ancillary to, the exposure 
     of the veteran to toxic airborne chemicals and fumes caused 
     by open burn pits at any time while serving in the Armed 
     Forces.
                                 ______
                                 
  SA 2058. Ms. SMITH (for herself and Mrs. Hyde-Smith) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. STUDY AND REPORT ON THE AFFORDABILITY OF INSULIN.

       The Secretary of Health and Human Services, acting through 
     the Assistant Secretary for Planning and Evaluation, shall--
       (1) conduct a study that examines, for each type or 
     classification of diabetes (including type 1 diabetes, type 2 
     diabetes, gestational diabetes, and other conditions causing 
     reliance on insulin), the effect of the affordability of 
     insulin on--
       (A) adherence to insulin prescriptions;
       (B) rates of diabetic ketoacidosis;
       (C) downstream impacts of insulin adherence, including 
     rates of dialysis treatment and end-stage renal disease;
       (D) spending by Federal health programs on acute episodes 
     that could have been averted by adhering to an insulin 
     prescription; and
       (E) other factors, as appropriate, to understand the 
     impacts of insulin affordability on health outcomes, Federal 
     Government spending (including under the Medicare program 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) and the Medicaid program under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.)), and insured 
     and uninsured individuals with diabetes; and
       (2) not later than 2 years after the date of enactment of 
     this Act, submit to Congress a report on the study conducted 
     under paragraph (1).
                                 ______
                                 
  SA 2059. Mr. UDALL (for himself, Mr. Paul, Mr. Kaine, Mr. Lee, Mr. 
Durbin, Mr. Leahy, Mr. Murphy, Ms. Hirono, Mr. Heinrich, Ms. Warren, 
Mr. Merkley, Ms. Baldwin, Mr. Van Hollen, Mr. Markey, Mr. Blumenthal, 
Mr. Brown, Mr. Wyden, Mr. Sanders, Mr. Schatz, and Ms. Harris) 
submitted an amendment intended to be proposed

[[Page S3512]]

by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 title XII, insert the following:

     SEC. 1224. PROHIBITION OF UNAUTHORIZED MILITARY OPERATIONS 
                   AGAINST IRAN.

       (a) In General.--No funds authorized by this Act may be 
     used to conduct hostilities against the Government of Iran, 
     against the Armed Forces of Iran, or in the territory of 
     Iran.
       (b) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to restrict the use of the United States Armed Forces 
     to defend against an attack upon the United States, its 
     territories or possessions, or its Armed Forces;
       (2) to limit the obligations under the War Powers 
     Resolution (50 U.S.C. 1541 et seq.); or
       (3) to affect the provisions of an Act or a joint 
     resolution of Congress specifically authorizing such 
     hostilities that is enacted after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 2060. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 1222 and insert the following:

     SEC. 1222. PROHIBITION ON USE OF FUNDS TO PROVIDE ASSISTANCE 
                   TO VETTED SYRIAN OPPOSITION.

       None of the funds authorized to be appropriated by this Act 
     may be obligated or expended for activities under section 
     1209 of the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (Public Law 
     113-291; 127 Stat. 3541), as most recently amended by section 
     1222 of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92).
                                 ______
                                 
  SA 2061. Mr. INHOFE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 2802, strike subsection (e) and insert the 
     following:
       (e) Funding.--
       (1) In general.--Of the amount authorized to be 
     appropriated for fiscal year 2021 as specified in the funding 
     table in section 4601, the Secretary of the Air Force may 
     expend not more than $15,000,000 for the purposes of planning 
     and design to support the projects described in subsection 
     (a).
       (2) Increase.--The amount authorized to be appropriated for 
     fiscal year 2021 for military construction for the Air Force 
     is hereby increased by $15,000,000, with the amount of the 
     increase to be designated to Air Force, Unspecified Worldwide 
     Locations, Planning and Design.
       (3) Offset.--The amount authorized to be appropriated for 
     fiscal year 2021 for operation and maintenance for the Army 
     is hereby reduced by $15,000,000, with the amount of the 
     reduction to be derived from subactivity group 421, 
     Servicewide Transportation.
                                 ______
                                 
  SA 2062. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 775, line 8, strike ``Activities'' and insert 
     ``Consistent with title II of the Asia Reassurance and 
     Initiative Act of 2018 (Public Law 115-409; 132 Stat. 5391), 
     activities''.

                                 ______
                                 
  SA 2063. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle E of title XII, insert 
     the following:

     SEC. 12__. SENSE OF CONGRESS ON PACIFIC DETERRENCE INITIATIVE 
                   AND THE ASIA REASSURANCE AND INITIATIVE ACT OF 
                   2018.

       It is the sense of Congress that the Pacific Deterrence 
     Initiative is designed to implement the strategic and policy 
     objectives articulated by Congress in the Asia Reassurance 
     Initiative Act of 2018 (Public Law 115-409; 132 Stat. 5387) 
     and by the executive branch in the National Security 
     Strategy, the ``Free and Open Indo-Pacific'' strategy of the 
     Department of State, the National Defense Strategy, and the 
     Indo-Pacific strategy report of the Department of Defense, 
     which states that the Asia Reassurance Initiative Act of 2018 
     (Public Law 115-409; 132 Stat. 5387) ``enshrines a 
     generational whole-of-government policy framework that 
     demonstrates U.S. commitment to a free and open Indo-Pacific 
     region and includes initiatives that promote sovereignty, 
     rule of law, democracy, economic engagement, and regional 
     security''.
                                 ______
                                 
  SA 2064. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 1251 and insert the following:

     SEC. 1251. PACIFIC DETERRENCE INITIATIVE.

       (a) In General.--Title II of the Asia Reassurance and 
     Initiative Act of 2018 (Public Law 115-409; 132 Stat. 5391) 
     is amended by adding at the end the following new section:

     ``SEC. 217. PACIFIC DETERRENCE INITIATIVE.

       ``(a) In General.--The Secretary of Defense shall carry out 
     an initiative to ensure the effective implementation of the 
     National Defense Strategy with respect to the Indo-Pacific 
     region, to be known as the `Pacific Deterrence Initiative' 
     (in this section referred to as the `Initiative').
       ``(b) Purpose.--The purpose of the Initiative is to carry 
     out only the following activities:
       ``(1) Activities to increase the lethality of the joint 
     force in the Indo-Pacific region, including, but not limited 
     to--
       ``(A) by improving active and passive defenses against 
     theater cruise, ballistic, and hypersonic missiles for bases, 
     operating locations, and other critical infrastructure at 
     locations west of the International Date Line; and
       ``(B) procurement and fielding of--
       ``(i) long-range precision strike systems to be stationed 
     or pre-positioned west of the International Date Line;
       ``(ii) critical munitions to be pre-positioned at locations 
     west of the International Date Line; and
       ``(iii) command, control, communications, computers and 
     intelligence, surveillance, and reconnaissance systems 
     intended for stationing or operational use in the Indo-
     Pacific region.
       ``(2) Activities to enhance the design and posture of the 
     joint force in the Indo-Pacific region, including, but not 
     limited to, by--
       ``(A) transitioning from large, centralized, and unhardened 
     infrastructure to smaller, dispersed, resilient, and adaptive 
     basing at locations west of the International Date Line;
       ``(B) increasing the number and capabilities of 
     expeditionary airfields and ports in the Indo-Pacific region 
     available for operational use at locations west of the 
     International Date Line;
       ``(C) enhancing pre-positioned forward stocks of fuel, 
     munitions, equipment, and materiel at locations west of the 
     International Date Line;
       ``(D) increasing the availability of strategic mobility 
     assets in the Indo-Pacific region;
       ``(E) improving distributed logistics and maintenance 
     capabilities in the Indo-Pacific region to ensure logistics 
     sustainment while under persistent multidomain attack; and
       ``(F) increasing the presence of the Armed Forces at 
     locations west of the International Date Line.
       ``(3) Activities to strengthen alliances and partnerships, 
     including, but not limited to, by--
       ``(A) building capacity of allies and partners; and
       ``(B) improving--
       ``(i) interoperability and information sharing with allies 
     and partners; and
       ``(ii) information operations capabilities in the Indo-
     Pacific region, with a focus on reinforcing United States 
     commitment to allies and partners and countering malign 
     influence.
       ``(4) Activities to carry out a program of exercises, 
     experimentation, and innovation for the joint force in the 
     Indo-Pacific region.
       ``(c) Plan Required.--Not later than February 15, 2021, the 
     Secretary, in consultation with the Commander of the United 
     States Indo-Pacific Command, shall submit to the 
     congressional defense committees a plan to expend not less 
     than the amounts authorized to be appropriated under 
     subsection (e)(2).
       ``(d) Budget Display Information.--The Secretary shall 
     include in the materials of the Department of Defense in 
     support of the

[[Page S3513]]

     budget of the President (submitted to Congress pursuant to 
     section 1105 of title 31, United States Code) for fiscal year 
     2022 and each fiscal year thereafter a detailed budget 
     display for the Initiative that includes the following 
     information:
       ``(1) A future-years plan with respect to activities and 
     resources for the Initiative for the applicable fiscal year 
     and not fewer than the four following fiscal years.
       ``(2) With respect to procurement accounts--
       ``(A) amounts displayed by account, budget activity, line 
     number, line item, and line item title; and
       ``(B) a description of the requirements for such amounts 
     specific to the Initiative.
       ``(3) With respect to research, development, test, and 
     evaluation accounts--
       ``(A) amounts displayed by account, budget activity, line 
     number, program element, and program element title; and
       ``(B) a description of the requirements for such amounts 
     specific to the Initiative.
       ``(4) With respect to operation and maintenance accounts--
       ``(A) amounts displayed by account title, budget activity 
     title, line number, and subactivity group title; and
       ``(B) a description of the specific manner in which such 
     amounts will be used.
       ``(5) With respect to military personnel accounts--
       ``(A) amounts displayed by account, budget activity, budget 
     subactivity, and budget subactivity title; and
       ``(B) a description of the requirements for such amounts 
     specific to the Initiative.
       ``(6) With respect to each project under military 
     construction accounts (including with respect to unspecified 
     minor military construction and amounts for planning and 
     design), the country, location, project title, and project 
     amount by fiscal year.
       ``(7) With respect to the activities described in 
     subsection (b)--
       ``(A) amounts displayed by account title, budget activity 
     title, line number, and subactivity group title; and
       ``(B) a description of the specific manner in which such 
     amounts will be used.
       ``(8) With respect to each military service--
       ``(A) amounts displayed by account title, budget activity 
     title, line number, and subactivity group title; and
       ``(B) a description of the specific manner in which such 
     amounts will be used.
       ``(9) With respect to the amounts described in each of 
     paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and 
     (8)(A), a comparison between--
       ``(A) the amount in the budget of the President for the 
     following fiscal year; and
       ``(B) the amount projected in the previous budget of the 
     President for the following fiscal year.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the activities of the Initiative described in subsection (b) 
     the following:
       ``(1) For fiscal year 2021, $1,406,417,000, as specified in 
     the funding table in section 4502.
       ``(2) For fiscal year 2022, $5,500,000,000.
       ``(f) Repeal.--Section 1251 of the National Defense 
     Authorization Act for Fiscal Year 2018 (Public Law 115-91; 
     131 Stat. 1676), as most recently amended by section 1253 of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2054), is 
     repealed.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Asia Reassurance Initiative 
     Act of 2018 (Public Law 115-409; 132 Stat. 5387) is amended 
     by inserting after the item relating to section 216 the 
     following:

``Sec. 217. Pacific Deterrence Initiative.''.
                                 ______
                                 
  SA 2065. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. ESTABLISHMENT OF TECHNOLOGY AND INDUSTRIAL 
                   TRILATERAL ALLIANCE OF NATIONS.

       (a) Authority.--The Secretary of State, the Secretary of 
     Commerce, and the Secretary of the Treasury may jointly 
     establish a foundation, to be known as the ``Technology and 
     Industrial Trilateral Alliance of Nations'' or ``TITAN'' 
     (referred to in this section as the Foundation) to award 
     competitive grants to private entities in the United States, 
     Israel, and the Indo-Pacific region to develop, manufacture, 
     sell, and support innovative products based on industrial 
     research and development in the following sectors:
       (1) Agriculture.
       (2) Communications.
       (3) Construction technologies.
       (4) Electronics.
       (5) Electro-optics.
       (6) Life sciences.
       (7) Software.
       (8) Homeland security.
       (9) Renewable and alternative energy.
       (10) Any other technology sector the Secretary considers 
     appropriate.
       (b) Competitive Grant Program.--The Foundation shall 
     administer a competitive grant program for private entities 
     based in the United States, Israel, and the Indo-Pacific 
     region that are committed to accountability, transparency, 
     and the rule of law.
       (c) Operations of Foundation.--The Foundation shall operate 
     under the same model and bylaws as the Israel-United States 
     Binational Industrial Research and Development Foundation.
       (d) Prohibition.--The Foundation may not provide a grant to 
     a private entity--
       (1) domiciled in the People's Republic of China that has 
     known ties to the Government of the People's Republic of 
     China, the military forces of the People's Republic of China, 
     or the security services of the People's Republic of China; 
     or
       (2) identified on the entity list maintained by the Bureau 
     of Industry and Security and set forth in Supplement No. 4 to 
     part 744 fo the Export Administration Regulations.
                                 ______
                                 
  SA 2066. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title V, add the following:

     SEC. ___. PILOT PROGRAMS ON PAYMENT OF STIPENDS TO MEMBERS OF 
                   THE SENIOR RESERVE OFFICERS' TRAINING CORPS WHO 
                   ARE PURSUING A DEGREE IN A SPACE-RELATED FIELD.

       (a) Pilot Programs Authorized.--Each Secretary of a 
     military department may carry out a pilot program to assess 
     the feasibility and advisability of paying a stipend to 
     members of Senior Reserve Officers' Training Corps (SROTC) 
     programs the under the jurisdiction of such Secretary who are 
     pursuing a degree in a space-related field that includes 
     skills, expertise, or both that are or are anticipated to be 
     critical to current or future missions or operations of the 
     Armed Forces under the jurisdiction of such Secretary.
       (b) Duration.--The duration of any pilot program under this 
     section may not exceed five years.
       (c) Participants.--Participants in a pilot program under 
     this section shall be selected by the Secretary of the 
     military department concerned from among members of Senior 
     Reserve Officers' Training Corps programs under the 
     jurisdiction of such Secretary in such manner, and using such 
     criteria, as such Secretary shall specify for purposes of the 
     pilot program.
       (d) Degrees and Space-related Fields.--In carrying out a 
     pilot program under this section, the Secretary of a military 
     department shall specify the degrees, and space-related 
     fields, pursuit of which will qualify a participant for 
     receipt of a stipend under the pilot program.
       (e) Stipends.--
       (1) Amount.--The amount of the stipend payable to a 
     participant under a pilot program under this section shall be 
     such amount as the Secretary of the military department 
     concerned shall specify for purposes of the pilot program.
       (2) Frequency of payment.--A stipend under a pilot program 
     may be paid on a semester, term, academic year, or other 
     basis, at the election of the Secretary of the military 
     department concerned. A participant may be paid a stipend 
     under the pilot program in more than applicable period.
       (3) Use.--A participant shall use a stipend paid under the 
     pilot program to defray costs in connection with pursuit of a 
     degree in a space-related field or for such other costs or 
     purposes as the Secretary of the military department 
     concerned shall specify for purposes of the pilot program.
       (f) Funding.--Amounts for pilot programs under this section 
     shall be derived from amounts authorized to be appropriated 
     by subsection (g) and allocated in accordance with that 
     subsection.
       (g) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for each of fiscal years 2021 
     through 2025 for the Department of Defense, $5,000,000 for 
     purposes of carrying out pilot programs authorized by 
     subsection (a) in such fiscal year. The amount so authorized 
     to be appropriated for a fiscal year shall be allocated among 
     the military departments for purposes of carrying out such 
     pilot programs in such fiscal year in such amounts as the 
     Secretary of Defense considers appropriate for purposes of 
     this section.
                                 ______
                                 
  SA 2067. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal

[[Page S3514]]

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. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE IN THE 
                   GALWAN VALLEY AND THE GROWING TERRITORIAL 
                   CLAIMS OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Findings.--Congress makes the following findings:
       (1) Since a truce in 1962 ended skirmishes between India 
     and the People's Republic of China, the countries have been 
     divided by a 2,100-mile-long Line of Actual Control.
       (2) In the decades since the truce, military standoffs 
     between India and the People's Republic of China have flared; 
     however, the standoffs have rarely claimed the lives of 
     soldiers.
       (3) In the months leading up to June, 15, 2020, along the 
     Line of Actual Control, the People's Republic of China--
       (A) reportedly amassed 5,000 soldiers; and
       (B) is believed to have crossed into [previously disputed 
     territory considered to be settled as part of India under the 
     1962 truce].
       (4) On June 6, 2020, the People's Republic of China and 
     India reached an agreement to deescalate and disengage along 
     the Line of Actual Control.
       (5) On June 15, 2020, at least 20 Indian soldiers and an 
     unconfirmed number of Chinese soldiers were killed in 
     skirmishes following a weeks-long standoff in Eastern Ladakh, 
     which is the de facto border between India and the People's 
     Republic of China.
       (6) Following the deadly violence, Prime Minister Narendra 
     Modi of India stated, ``[w]henever there have been 
     differences of opinion, we have always tried to ensure that 
     those differences never turned into a dispute''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) India and the People's Republic of China should work 
     toward deescalating the situation along the Line of Actual 
     Control; and
       (2) the expansion and aggression of the People's Republic 
     of China in and around disputed territories, such as the Line 
     of Actual Control, the South China Sea, the Senkaku Islands, 
     is of significant concern.
                                 ______
                                 
  SA 2068. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 G of title V, add the 
     following:

     SEC. ___. INDEPENDENT STUDY AND REPORT ON MILITARY SPOUSE 
                   UNDEREMPLOYMENT.

       (a) Independent Study.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall seek to enter into a contract with a Federally funded 
     research and development center to conduct a study on 
     underemployment among military spouses. The study shall 
     consider, at a minimum, the following:
       (1) The prevalence of unemployment and underemployment 
     among military spouses, including differences by Armed Force, 
     region, State, education level, and income level.
       (2) The causes of unemployment and underemployment among 
     military spouses.
       (3) The differences in unemployment and underemployment 
     between military spouses and civilians.
       (4) Barriers to small business ownership and 
     entrepreneurship faced by military spouses.
       (b) Submittal to DoD.--Not later than 240 days after the 
     date of the enactment of this Act, the Federally funded 
     research and development center with which the Secretary 
     contracts pursuant to subsection (a) shall submit to the 
     Secretary a report containing the results of the study 
     conducted pursuant to that subsection.
       (c) Transmittal to Congress.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary shall 
     transmit to the appropriate committees of Congress the report 
     under subsection (b), without change.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means the following--
       (1) the Committee on Armed Services, the Committee on 
     Health, Education, Labor, and Pensions, the Committee on 
     Small Business and Entrepreneurship, and Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Education and Labor, the Committee on Small Business, and 
     Committee on Appropriations of the House of Representatives.
                                 ______
                                 
  SA 2069. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 12__. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE 
                   ACT WITH REGARD TO TAIWAN ARMS SALES.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense Indo-Pacific Strategy Report, 
     released on June 1, 2019, states: ``[T]he Asia Reassurance 
     Initiative Act, a major bipartisan legislation, was signed 
     into law by President Trump on December 31, 2018. This 
     legislation enshrines a generational whole-of-government 
     policy framework that demonstrates U.S. commitment to a free 
     and open Indo-Pacific region and includes initiatives that 
     promote sovereignty, rule of law, democracy, economic 
     engagement, and regional security.''.
       (2) The Indo-Pacific Strategy Report further states: ``The 
     United States has a vital interest in upholding the rules-
     based international order, which includes a strong, 
     prosperous, and democratic Taiwan. . .The Department [of 
     Defense] is committed to providing Taiwan with defense 
     articles and services in such quantity as may be necessary to 
     enable Taiwan to maintain a sufficient self-defense 
     capability.''.
       (3) Section 209(b) of the Asia Reassurance Initiative Act 
     of 2018 (22 U.S.C. 3301 note), signed into law on December 
     31, 2018--
       (A) builds on longstanding commitments enshrined in the 
     Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide 
     Taiwan with defense articles; and
       (B) states: ``The President should conduct regular 
     transfers of defense articles to Taiwan that are tailored to 
     meet the existing and likely future threats from the People's 
     Republic of China, including supporting the efforts of Taiwan 
     to develop and integrate asymmetric capabilities, as 
     appropriate, including mobile, survivable, and cost-effective 
     capabilities, into its military forces.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Asia Reassurance Initiative Act of 2018 (Public Law 
     115-409; 132 Stat. 5387) has recommitted the United States to 
     support the close, economic, political, and security 
     relationship between the United States and Taiwan; and
       (2) the United States should fully implement the provisions 
     of that Act with regard to regular defensive arms sales to 
     Taiwan.
       (c) Briefing.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State and the 
     Secretary of Defense, or their designees, shall brief the 
     appropriate committees of Congress on the efforts to 
     implement section 209(b) of the Asia Reassurance Initiative 
     Act of 2018 (22 U.S.C. 3301 note).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2070. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title I, add the following:

     SEC. 114. PROCUREMENT OF LITTER-ATTACHED LOAD STABILITY 
                   SYSTEMS FOR UH-60 AIRCRAFT.

       The amount authorized to be appropriated by this Act for 
     fiscal year 2021 for Aircraft Procurement, Army and available 
     for Utility Helicopters/UH-60 mods is increased by 
     $11,091,000, with the amount of such increase to be available 
     for the procurement of additional litter-attached load 
     stability systems to be deployed at the bottom of the 
     helicopter hoist, on 39 aircraft
                                 ______
                                 
  SA 2071. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. SENSE OF CONGRESS ON ESTABLISHMENT OF A CYBER 
                   LEAGUE OF INDO-PACIFIC STATES TO ADDRESS CYBER 
                   THREATS..

       (a) Findings.--Congress makes the following findings:
       (1) The world has benefitted greatly from technological 
     innovations under the leadership of the United States in the 
     post-World War era, including the creation of the World Wide 
     Web which has provided an entirely new platform for wealth 
     creation and human flourishing through cyber-commerce and 
     connectivity.

[[Page S3515]]

       (2) Cybercrime affects companies large and small, as well 
     as infrastructure that is vital to the economy as a whole.
       (3) A 2018 study from the Center for Strategic and 
     International Studies, in partnership with McAfee, estimates 
     that the global economic losses from cybercrime are 
     approximately $600,000,000,000 annually and rising.
       (4) According to the Pew Charitable Trust, 64 percent of 
     people in the United States had fallen victim to 
     cybercriminals as of 2017.
       (5) On July 9, 2012, General Keith Alexander, then-Director 
     of the National Security Agency, termed theft of United 
     States intellectual property ``the greatest transfer of 
     wealth in history''.
       (6) On September 25, 2015, the United States and the 
     People's Republic of China announced a commitment that 
     ``neither country's government will conduct or knowingly 
     support cyber-enabled theft of intellectual property, 
     including trade secrets or other confidential business 
     information, with the intent of providing competitive 
     advantages to companies or commercial sectors''.
       (7) The People's Republic of China nonetheless continues to 
     contribute to the rise of cybercrime, exploiting weaknesses 
     in the international system to undermine fair competition in 
     technology and cyberspace, including through theft of 
     intellectual property and state-sponsored malicious actions 
     to undermine and weaken competition.
       (8) According to the 2019 Worldwide Threat Assessment by 
     the Director of National Intelligence: ``China, Russia, Iran, 
     and North Korea increasingly use cyber operations to threaten 
     both minds and machines in an expanding number of ways--to 
     steal information, to influence our citizens, or to disrupt 
     critical infrastructure.''
       (9) From 2011 to 2018, more than 90 percent of cases 
     handled by the Department of Justice alleging economic 
     espionage by or to benefit a foreign country involved the 
     People's Republic of China.
       (10) More than \2/3\ of the cases handled by the Department 
     of Justice involving theft of trade secrets have a nexus to 
     the People's Republic of China.
       (11) Experts have asserted that the Made in China 2025 
     strategy of the Government of the People's Republic of China 
     will incentivize Chinese entities to engage in unfair 
     competitive behavior, including additional theft of 
     technologies and intellectual property.
       (12) The Democratic People's Republic of Korea has also 
     contributed to the rise of cybercrime and according to the 
     2018 Worldwide Threat Assessment by the Director of National 
     Intelligence: ``We expect the heavily sanctioned North Korea 
     to use cyber operations to raise funds and to gather 
     intelligence or launch attacks on South Korea and the United 
     States. . . . North Korean actors developed and launched the 
     WannaCry ransomware in May 2017, judging from technical links 
     to previously identified North Korean cyber tools, 
     tradecraft, and operational infrastructure. We also assess 
     that these actors conducted the cyber theft of $81 million 
     from the Bank of Bangladesh in 2016.''
       (13) Section 2(a)(8) of the North Korea Sanctions and 
     Policy Enhancement Act of 2016 (22 U.S.C. 9201(a)(8)) states, 
     ``The Government of North Korea has provided technical 
     support and conducted destructive and coercive cyberattacks, 
     including against Sony Pictures Entertainment and other 
     United States persons.''
       (14) The United States has taken action on its own against 
     international cybercrime, including through--
       (A) the North Korea Sanctions and Policy Enhancement Act of 
     2016 (Public Law 114-122), which imposed mandatory sanctions 
     against persons engaging in significant activities 
     undermining cybersecurity on behalf of the Democratic 
     People's Republic of Korea; and
       (B) criminal charges filed by the Department of Justice on 
     October 25, 2018, in which the Department alleged that the 
     Chinese intelligence services conducted cyber intrusions 
     against at least a dozen companies in order to obtain 
     information on a commercial jet engine.
       (15) The March 2016 Department of State International 
     Cyberspace Policy Strategy noted that ``the Department of 
     State anticipates a continued increase and expansion of our 
     cyber-focused diplomatic efforts for the foreseeable 
     future''.
       (16) Concerted action by countries that share concerns 
     about state-sponsored cyber theft is necessary to prevent the 
     growth of cybercrime and other destabilizing national 
     security and economic outcomes.
       (17) Section 215 of the Asia Reassurance Initiative Act of 
     2018 (Public Law 115-409) calls for ``robust cybersecurity 
     cooperation between the United States and nations in the 
     Indo-Pacific region'' and ``authorized to be appropriated 
     $100,000,000 for each of the fiscal years 2019 through 2023 
     to enhance cooperation between the United States and the 
     Indo-Pacific nations for the purpose of combatting 
     cybersecurity threats''.
       (b) Sense of Congress.--Congress--
       (1) urges the President to propose and champion the 
     negotiation of a cooperative agreement with like-minded 
     partners in the Indo-Pacific to ensure a free and open 
     Internet free from economically crippling cyberattacks;
       (2) calls for the cooperative agreement, which can be 
     referred to as the Cyber League of Indo-Pacific States (in 
     this section referred to as ``CLIPS''), to include the 
     creation of an Information Sharing Analysis Center to provide 
     around-the-clock cyber threat monitoring and mitigation for 
     governments that are parties to the cooperative agreement; 
     and
       (3) calls for members of CLIPS--
       (A) to consult on emerging cyber threats;
       (B) to pledge not to conduct or support theft of 
     intellectual property, including trade secrets or other 
     confidential business information;
       (C) to introduce and enforce minimum criminal punishment 
     for cyber theft;
       (D) to extradite alleged cyber thieves, consistent with 
     existing agreements and respecting national sovereignty;
       (E) to enforce laws protecting intellectual property, 
     including patents;
       (F) to ensure that government agencies comply with software 
     license terms;
       (G) to minimize data localization requirements (consistent 
     with the Agreement between the United States of America, the 
     United Mexican States, and Canada, signed at Buenos Aires 
     November 30, 2018 (commonly known as the ``United States-
     Mexico-Canada Agreement''));
       (H) to seek cooperation with respect to the standards 
     described in the Arrangement on the Recognition of Common 
     Criteria Certificates in the field of Information Technology 
     Security, dated May 14, 2014;
       (I) to provide for public input when devising legislation 
     on cybersecurity; and
       (J) to cooperate on the attribution of cyberattacks and 
     impose appropriate consequences.
                                 ______
                                 
  SA 2072. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 IX, add the following:

     SEC. 952. DEPARTMENT OF DEFENSE CENTER OF EXCELLENCE FOR 
                   UNMANNED AERIAL SYSTEMS EDUCATION AND TRAINING.

       (a) Designation.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     designate the United States Air Force Academy as the 
     Department of Defense Center of Excellence for Unmanned 
     Aerial Systems Education and Training (in this section 
     referred to as the ``Center'').
       (b) Partnerships.--The Secretary of Defense shall, with 
     direct support from the Secretary of the Air Force, ensure 
     that the Center collaborates across the Department of 
     Defense, with a focus on other military service academies, 
     research laboratories, and operational unmanned aerial 
     systems units (UAS), as well as other institutions of higher 
     education, industry, and appropriate public and private 
     entities (including international entities), to carry out the 
     responsibilities specified in subsection (c).
       (c) Responsibilities.--The Center shall do the following:
       (1) Develop and maintain a comprehensive academic 
     curriculum to leverage current and develop future unmanned 
     aerial systems technology, including aircraft design, command 
     and control, sensor technology, artificial intelligence, 
     mission systems, and tactics, techniques and procedures.
       (2) Build unmanned aerial systems airmanship, experience, 
     and expertise by providing a combat laboratory in which 
     cadets receive knowledge, experimental learning, and 
     familiarization with the manner in which the Department of 
     Defense employs joint, combined unmanned aerial systems 
     operations in a future multi-domain environment.
       (3) Enable experimentation and development of unmanned 
     aerial systems command and control systems, multiple systems 
     interoperability, common operating standards, autonomy, 
     simulation, sensor fusion, alternative modes of navigation, 
     and sense and avoid technologies.
       (4) Maintain faculty with current unmanned aerial systems 
     combat experience, as well as unmanned aerial systems 
     development and test experience, to educate a cadre of 
     military unmanned aerial systems professionals well into the 
     future.
       (5) Enhance capabilities, cooperation, and exchange of 
     information across the unmanned aerial systems community of 
     the Department.
       (6) Foster cooperation and collaboration between the 
     military service academies, civilian academia, research 
     laboratories and private sector to facilitate education, 
     research and development, lessons learned, and consultation 
     with respect to unmanned aerial systems.
       (7) Provide a forum to discuss industry trends, best 
     practices, innovative curriculum, and professional 
     opportunities with respect to unmanned aerial systems.
       (d) Certification.--Upon making the designation required by 
     subsection (a), the Secretary of Defense shall certify to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives that the Secretary has made the designation 
     required by subsection (a) and is complying with subsection 
     (b).
                                 ______
                                 
  SA 2073. Mr. GARDNER submitted an amendment intended to be proposed 
by

[[Page S3516]]

him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 3__. AUTHORITY FOR ASSISTANCE UNDER DEFENSE COMMUNITY 
                   INFRASTRUCTURE PILOT PROGRAM TO PUBLIC-PRIVATE 
                   PARTNERSHIPS.

       Section 2391(d) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3)(A) The Secretary may provide assistance under 
     paragraph (1) to an entity that is a public-private 
     partnership for a community infrastructure project proposed 
     by the entity.
       ``(B) An entity described in subparagraph (A) seeking 
     assistance under paragraph (1) for a community infrastructure 
     project proposed by the entity may include with such proposal 
     a plan for transitioning ownership of the project to a State 
     or local government.''.
                                 ______
                                 
  SA 2074. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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:

  TITLE __--DENUCLEARIZATION OF DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Leverage to Enhance 
     Effective Diplomacy Act of 2019'' or the ``LEED Act''.

    Subtitle A--Review of Strategy and Policy Toward the Democratic 
                       People's Republic of Korea

     SEC. __11. FINDINGS.

       Congress makes the following findings:
       (1) The Government of the Democratic People's Republic of 
     Korea has flagrantly defied the international community by 
     illicitly developing its nuclear and ballistic missile 
     programs, in violation of United Nations Security Council 
     Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 
     (2013), 2270 (2016), 2321 (2016), 2371 (2017), 2375 (2017), 
     and 2397 (2017).
       (2) The March 5, 2019, report of the Panel of Experts 
     established pursuant to United Nations Security Council 
     Resolution 1874 (2009) highlighted several deficiencies in 
     the enforcement of sanctions with respect to the Democratic 
     People's Republic of Korea.
       (3) The Panel of Experts report illustrated that the 
     People's Republic of China and the Russian Federation are 
     among those countries not fully implementing multilateral 
     sanctions and that the Russian Federation has impeded efforts 
     by the United States to expose and address illegal ship-to-
     ship transfers.
       (4) Despite known deficiencies in global sanctions 
     implementation, the pace of United States sanctions 
     designations with respect to the Democratic People's Republic 
     of Korea has slowed noticeably, even as relevant United 
     States law, including the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9201 et seq.) and the Asia 
     Reassurance Initiative Act of 2018 (Public Law 115-409), 
     mandates the imposition of United States sanctions for 
     behaviors described in the Panel of Experts report, including 
     human rights violations and malign activities in cyberspace.

     SEC. __12. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States is committed to the peaceful pursuit 
     of the complete, verifiable, and irreversible dismantlement 
     of the illicit weapons programs of the Democratic People's 
     Republic of Korea through a combination of pressure and 
     engagement;
       (2) meaningful advancement in relations between the United 
     States and the Democratic People's Republic of Korea is 
     directly contingent on significant progress by the Democratic 
     People's Republic of Korea toward dismantling its weapons of 
     mass destruction and associated delivery systems, ceasing its 
     human rights violations, complying with United Nations 
     Security Council resolutions, repatriating United States 
     citizens and the citizens of other countries, instituting 
     political openness, and establishing financial transparency; 
     and
       (3) the Democratic People's Republic of Korea should 
     immediately resume efforts to identify and return the remains 
     of members of the Armed Forces of the United States killed in 
     action during the Korean War, and should immediately return 
     to the United States the U.S.S. Pueblo, illegally captured by 
     the Democratic People's Republic of Korea on January 23, 
     1968.

     SEC. __13. ADDRESSING THE EVOLVING THREATS POSED BY AND 
                   CAPABILITIES OF THE DEMOCRATIC PEOPLE'S 
                   REPUBLIC OF KOREA.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     until the date that is 2 years after such date of enactment, 
     the Director of National Intelligence, in consultation with 
     the Secretary of State and the Secretary of Defense, and, as 
     appropriate, the Secretary of the Treasury and the 
     Administrator of the Drug Enforcement Administration, shall 
     brief the appropriate congressional committees on--
       (1) the evolving threats posed by and capabilities of the 
     Democratic People's Republic of Korea; and
       (2) United States efforts to mitigate and respond to those 
     threats and capabilities.
       (b) Elements.--Each briefing under subsection (a) shall 
     address the following:
       (1) An assessment of the status of the nuclear and 
     ballistic missile programs of the Democratic People's 
     Republic of Korea, including what elements constitute such 
     programs, and any technological advancements, disruptions, or 
     setbacks to such programs during--
       (A) in the case of the first such briefing, the 60-day 
     period preceding the briefing; and
       (B) in the case of any subsequent such briefing, the 180-
     day period preceding the briefing.
       (2) An assessment of the sources, methods, and funding 
     mechanisms of the Democratic People's Republic of Korea for 
     procuring critical components for its nuclear and ballistic 
     missile programs, including liquid and solid rocket fuels and 
     components, navigation and guidance systems, computer and 
     electrical components, and specialized materials.
       (3) An assessment of--
       (A) the cyber capabilities of the Democratic People's 
     Republic of Korea, including its efforts to conduct cyber and 
     corporate espionage, to commit illicit commercial and 
     financial activities through international cyber systems, and 
     to suppress opposition to and spread propaganda in support of 
     its nuclear and ballistic missile activities; and
       (B) any foreign entities that may be enhancing the capacity 
     of the Democratic People's Republic of Korea to conduct 
     malicious cyber-enabled activities, including by providing 
     internet infrastructure.
       (4) A summary of activities of the Democratic People's 
     Republic of Korea relating to evading sanctions imposed by 
     the United States or the United Nations Security Council, 
     including an assessment of the sourcing, manufacture, trade, 
     or distribution of methamphetamines, narcotics (including 
     opioids such as fentanyl), and other illicit substances and 
     any associated precursor chemicals, including by state-owned 
     entities, other entities (including universities), and 
     individuals, for the purpose of financing or otherwise 
     supporting the nuclear and ballistic missile programs of the 
     Democratic People's Republic of Korea.

     SEC. __14. BRIEFING ON UNITED STATES ENGAGEMENT WITH THE 
                   DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

       Not later than 30 days after the date of the enactment of 
     this Act, and regularly thereafter until the date that is 2 
     years after such date of enactment, the Secretary of State 
     shall brief the appropriate congressional committees on the 
     status of any United States diplomatic engagement with the 
     Government of the Democratic People's Republic of Korea, 
     including with respect to efforts to secure the release of 
     United States citizens detained in the Democratic People's 
     Republic of Korea.

     SEC. __15. BRIEFING AND STRATEGY RELATING TO USE OF ROCKET 
                   FUELS FOR BALLISTIC MISSILES BY THE DEMOCRATIC 
                   PEOPLE'S REPUBLIC OF KOREA.

       (a) Briefing Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in conjunction with the Secretary of State, 
     shall brief the appropriate congressional committees on the 
     use by the Democratic People's Republic of Korea of 
     unsymmetrical dimethyl hydrazine, solid fuels, and other 
     rocket fuels to power its ballistic missiles.
       (2) Elements.--The briefing under paragraph (1) shall 
     include the following:
       (A) An assessment of each type of rocket fuel the 
     Democratic People's Republic of Korea uses, or potentially 
     may use, to power its ballistic missiles, including the 
     chemical precursors, production process, and required 
     production equipment for each such type of rocket fuel.
       (B) With respect to each such type of rocket fuel, an 
     assessment of the following:
       (i) Whether the use of that type of rocket fuel by the 
     Democratic People's Republic of Korea is prohibited under 
     United Nations Security Council resolutions, other 
     multilateral sanctions imposed with respect to the Democratic 
     People's Republic of Korea, or sanctions imposed by the 
     United States with respect to the Democratic People's 
     Republic of Korea.
       (ii) Whether the Democratic People's Republic of Korea 
     imports that type of rocket fuel as a finished product or 
     imports chemical precursors and manufactures the finished 
     product.
       (iii) The countries from which the Democratic People's 
     Republic of Korea imports that type of rocket fuel as a 
     finished product or from which the Democratic People's 
     Republic of Korea imports the chemical precursors and 
     equipment to manufacture that type of rocket fuel.

[[Page S3517]]

       (iv) The size and locations of the Democratic People's 
     Republic of Korea's stockpiles, if any, of that type of 
     rocket fuel.
       (v) Whether that type of rocket fuel can be attributed to 
     its original exporter based on unique chemical signatures or 
     other relevant identifying information.
       (b) Strategy Required.--The Secretary of State, in 
     consultation with the heads of relevant agencies, shall 
     develop a diplomatic strategy to end the transfer of all 
     rocket fuels and chemical precursors for rocket fuels to the 
     Democratic People's Republic of Korea.
       (c) Sense of Congress.--It is the sense of Congress that 
     the United States Ambassador to the United Nations should 
     introduce a resolution to the United Nations Security Council 
     to request that the Panel of Experts on the Democratic 
     People's Republic of Korea established by United Nations 
     Security Council Resolution 1874 (2009) investigate the 
     importation and manufacture by the Democratic People's 
     Republic of Korea of rocket and ballistic missile fuels, 
     including unsymmetrical dimethyl hydrazine, solid fuels, and 
     other fuels or their chemical precursors.

     SEC. __16. BRIEFING AND STRATEGY RELATING TO EFFORTS BY THE 
                   RUSSIAN FEDERATION TO BLOCK ENFORCEMENT OF 
                   UNITED NATIONS SANCTIONS.

       (a) Briefing Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall brief 
     the appropriate congressional committees on the efforts of 
     the Russian Federation to undercut enforcement of United 
     Nations sanctions with respect to the Democratic People's 
     Republic of Korea, with particular focus on the limit set by 
     the United Nations Security Council on the supply, sale, or 
     transfer to the Democratic People's Republic of Korea of all 
     refined petroleum products in excess of an aggregate amount 
     of 500,000 barrels during any 12-month period beginning on or 
     after January 1, 2018.
       (2) Elements.--The briefing under paragraph (1) shall 
     include the following:
       (A) An assessment of the likelihood that the patterns of 
     behavior illustrated by Annexes 1-3 to the March 5, 2019, 
     report of the Panel of Experts established pursuant to United 
     Nations Security Council Resolution 1874 (2009), including 
     efforts of the Russian Federation to dismiss findings, will 
     continue.
       (B) A description of steps being taken to ensure, despite 
     the opposition of the Russian Federation, a timely decision 
     by the United Nations Security Council to act to halt all 
     refined petroleum product exports to the Democratic People's 
     Republic of Korea in each 12-month period that the limit 
     described in paragraph (1) is exceeded.
       (C) A description of any other United Nations sanctions 
     with respect to the Democratic People's Republic of Korea 
     being disregarded or actively undercut by the Russian 
     Federation.
       (b) Strategy Required.--The Secretary of State, in 
     consultation with the heads of relevant agencies, shall 
     develop a diplomatic strategy to counter efforts by the 
     Russian Federation to undercut enforcement of United Nations 
     sanctions, including the limit described in subsection 
     (a)(1), with respect to the Democratic People's Republic of 
     Korea.

     SEC. __17. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives.

 Subtitle B--Measures to Address the Threats Posed by and Capabilities 
              of the Democratic People's Republic of Korea

     SEC. __21. REPORT ON EFFECTING A STRATEGY TO DIPLOMATICALLY 
                   AND ECONOMICALLY PRESSURE THE DEMOCRATIC 
                   PEOPLE'S REPUBLIC OF KOREA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report on actions taken by the 
     United States to diplomatically and economically pressure the 
     Democratic People's Republic of Korea.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) A description of the actions taken by the Secretary of 
     State to consult with governments around the world, with the 
     purpose of inducing those governments to diplomatically and 
     economically pressure the Democratic People's Republic of 
     Korea.
       (2) A description of the actions taken by those governments 
     to implement measures to diplomatically and economically 
     pressure the Democratic People's Republic of Korea.
       (3) A list of countries the governments of which the 
     Secretary has determined to be noncooperative with respect to 
     implementing measures to diplomatically and economically 
     pressure the Democratic People's Republic of Korea.
       (4) A plan of action to engage with, and increase 
     cooperation with respect to the Democratic People's Republic 
     of Korea by, the governments of the countries on the list 
     required by paragraph (3).
       (c) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.

     SEC. __22. AUTHORIZATION TO ALTER UNITED STATES RELATIONS 
                   WITH COUNTRIES ENABLING THE DEMOCRATIC PEOPLE'S 
                   REPUBLIC OF KOREA.

       (a) In General.--The Secretary of State may take such 
     actions as are necessary to induce countries on the list 
     required by section __21(b)(3) to take measures to 
     diplomatically and economically pressure the Democratic 
     People's Republic of Korea.
       (b) Actions Included.--Actions described in subsection (a) 
     may include--
       (1) reduction of the diplomatic presence in the United 
     States of countries on the list required by section 
     __21(b)(3); and
       (2) reduction of the diplomatic presence of the United 
     States in those countries.
       (c) Consultation.--Not less than 15 days before taking any 
     action under subsection (a), the Secretary shall consult with 
     the appropriate congressional committees with respect to the 
     action.
       (d) Sense of Congress.--It is the sense of Congress that 
     inaction by certain countries in the Indo-Pacific region to 
     reduce cooperation with the Democratic People's Republic of 
     Korea hinders the deepening of strategic relationships with 
     the United States.

     SEC. __23. AUTHORIZATION TO TERMINATE OR REDUCE UNITED STATES 
                   FOREIGN ASSISTANCE TO COUNTRIES ENABLING THE 
                   DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

       (a) In General.--The Secretary of State may terminate or 
     reduce United States foreign assistance to countries on the 
     list required by section __21(b)(3).
       (b) Assistance Included.--Assistance terminated or reduced 
     under subsection (a) may include--
       (1) assistance under chapter 4 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to 
     the Economic Support Fund);
       (2) military assistance provided pursuant to section 23 of 
     the Arms Export Control Act (22 U.S.C. 2763; relating to the 
     Foreign Military Financing Program); and
       (3) assistance provided under chapter 5 of part II of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; 
     relating to international military education and training).
       (c) Consultation.--Not less than 15 days before taking any 
     action under subsection (a), the Secretary shall consult with 
     the appropriate congressional committees with respect to the 
     action.
       (d) Sense of Congress.--It is the sense of Congress that 
     inaction by certain countries in the Indo-Pacific region to 
     reduce cooperation with the Democratic People's Republic of 
     Korea hinders the deepening of strategic relationships with 
     the United States.

     SEC. __24. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

   Subtitle C--Strategy to End Use of North Korean Laborers by Other 
                               Countries

     SEC. __31. STRATEGY TO END USE OF NORTH KOREAN LABORERS AND 
                   HUMAN RIGHTS VIOLATIONS.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State shall brief 
     the appropriate congressional committees on a strategy for 
     leveraging the sanctions imposed pursuant to section 302B of 
     the North Korea Sanctions and Policy Enhancement Act of 2016 
     (22 U.S.C. 9241b) to convince countries that import North 
     Korean laborers in a manner described in section 104(b)(1)(L) 
     of that Act (22 U.S.C. 9214(b)(1)(L)) to end that practice.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.

     SEC. __32. AMENDMENT OF REPORTING REQUIREMENT REGARDING 
                   STRATEGY TO PROMOTE NORTH KOREAN HUMAN RIGHTS.

       (1) In general.--Section 302(b) of the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 
     9241(b)) is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking ``104(b)(1)(M).'' and 
     inserting ``104(b)(1)(L); and''; and
       (C) by adding at the end the following new paragraphs:
       ``(4) a list of countries that have not repatriated to the 
     Democratic People's Republic of Korea--
       ``(A) all nationals of the Democratic People's Republic of 
     Korea earning income in their jurisdictions; and
       ``(B) all safety oversight attaches of the Democratic 
     People's Republic of Korea; and
       ``(5) for each country on the list required by paragraph 
     (4)--
       ``(A) a list of the entities that employ significant 
     numbers of nationals of the Democratic People's Republic of 
     Korea earning income in the jurisdiction of that country; and
       ``(B) an assessment of which national or local government 
     agencies and officials are involved in facilitating the work, 
     presence, or authorization for work of nationals of the

[[Page S3518]]

     Democratic People's Republic of Korea earning income in the 
     jurisdiction of the country and of safety oversight attaches 
     of the Democratic People's Republic of Korea.''.
       (2) Frequency of reports clarified.--Section 302(a) of the 
     North Korea Sanctions and Policy Enhancement Act of 2016 (22 
     U.S.C. 9241(a)) is amended by striking ``periodically'' and 
     inserting ``every 120 days''.

Subtitle D--Enhancing Sanctions With Respect to the Democratic People's 
                           Republic of Korea

     SEC. __41. SANCTIONS RELATED TO ENABLERS OF THE DEMOCRATIC 
                   PEOPLE'S REPUBLIC OF KOREA.

       Section 104(d) of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9214(d)) is amended to 
     read as follows:
       ``(d) Application to Certain Persons, Subsidiaries, and 
     Agents.--The designation of a person under subsection (a) or 
     (b) and the blocking of property and interests in property 
     under subsection (c) shall apply with respect to a person who 
     is determined--
       ``(1) to be owned or controlled by, or to have acted or 
     purported to have acted for or on behalf of, directly or 
     indirectly, any person whose property and interests in 
     property are blocked pursuant to this section; or
       ``(2) to knowingly assist, sponsor, or provide significant 
     financial, material, or technological support to or for a 
     person designated under--
       ``(A) subsection (a) or (b);
       ``(B) an applicable Executive order; or
       ``(C) an applicable United Nations Security Council 
     resolution.''.

     SEC. __42. MODIFICATION OF PENALTIES RELATING TO SANCTIONS.

       Section 104(f) of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9214(f)) is amended to 
     read as follows:
       ``(f) Penalties.--
       ``(1) Prohibited conduct.--It shall be unlawful for any 
     person--
       ``(A) to engage in, conspire or attempt to engage in, or 
     cause any of the conduct described in paragraphs (1) through 
     (14) of subsection (a);
       ``(B) to knowingly evade or avoid a prohibition on such 
     conduct or the imposition of a sanction or penalty relating 
     to such conduct; or
       ``(C) to violate, attempt to violate, conspire to violate, 
     or cause a violation of any license, order, regulation, or 
     prohibition issued to carry out this section.
       ``(2) Civil penalties.--A person who engages in an unlawful 
     act described in paragraph (1) shall be subject to a civil 
     penalty in an amount not to exceed the greater of--
       ``(A) $500,000; or
       ``(B) an amount that is twice the amount of the transaction 
     that is the basis of the violation with respect to which the 
     penalty is imposed.
       ``(3) Criminal penalties.--A person who willfully engages 
     in an unlawful act described in paragraph (1) shall, upon 
     conviction, be fined not more than $1,000,000 and, in the 
     case of an individual, imprisoned for not more than 20 years, 
     or both.
       ``(4) Rule of construction.--The civil and criminal 
     penalties under paragraphs (2) and (3) for engaging an 
     unlawful act described in paragraph (1) shall be imposed with 
     respect to a person without regard to whether the President 
     has designated the person for the imposition of sanctions 
     under this section or pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.).''.

     SEC. __43. ENHANCEMENT OF CARGO SCREENING CRITERIA.

       Section 205(c)(1) of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9225(c)(1)) is amended--
       (1) in subparagraph (B), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (C), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(D) originates in a jurisdiction or a geographical area 
     that the Secretary determines is otherwise of concern with 
     respect to evasion of sanctions mandated with respect to 
     North Korea.''.

     SEC. __44. ENFORCEMENT OF UNITED NATIONS SANCTIONS WITH 
                   RESPECT TO CRUDE OIL AND REFINED PETROLEUM 
                   PRODUCTS.

       (a) In General.--Title II of the North Korea Sanctions and 
     Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is 
     amended by inserting the following:

     ``SEC. 212. ENFORCEMENT OF UNITED NATIONS SANCTIONS WITH 
                   RESPECT TO CRUDE OIL AND REFINED PETROLEUM 
                   PRODUCTS.

       ``(a) In General.--The President shall impose one or more 
     of the sanctions described in subsection (c) on a person 
     described in subsection (b).
       ``(b) Person Described.--A person described in this 
     subsection is a person that--
       ``(1) the President determines knowingly, on or after the 
     date of the enactment of the Leverage to Enhance Effective 
     Diplomacy Act of 2019, directly or indirectly, supplies, 
     sells, or transfers crude oil to any entity or 
     instrumentality of the Government of North Korea or any 
     person representing that government; and
       ``(2) is organized under the laws of a jurisdiction that 
     the President determines to have exported more than the 
     aggregate amount of 4,000,000 barrels of crude oil during any 
     12-month period to North Korea.
       ``(c) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       ``(1) Asset blocking.--The President may block and prohibit 
     all transactions in all property and interests in property of 
     a person described in subsection (b) if such property and 
     interests in property are in the United States, come within 
     the United States, or are or come within the possession or 
     control of a United States person.
       ``(2) Ban on investment in equity or debt.--The President 
     may, pursuant to such regulations or guidelines as the 
     President may prescribe, prohibit any United States person 
     from investing in or purchasing significant amounts of equity 
     or debt instruments of the person described in subsection 
     (b).
       ``(3) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President determines is a 
     corporate officer or principal of, or a shareholder with a 
     controlling interest in, the person described in subsection 
     (b).
       ``(4) Sanctions on principal executive officers.--The 
     President may impose on the principal executive officer or 
     officers of the person described in subsection (b), or on 
     persons performing similar functions and with similar 
     authorities as such officer or officers, any of the sanctions 
     under this subsection.
       ``(d) Waivers.--
       ``(1) Efforts to enforce united nations limits.--The 
     President may waive the application of sanctions under 
     subsection (a) if the President certifies to Congress that 
     the jurisdiction described in subsection (b)(2) is applying 
     appropriate effort to--
       ``(A) fulfill its obligation under international law to 
     prohibit its nationals, individuals otherwise subject to its 
     jurisdiction, entities incorporated in its territory or 
     subject to its jurisdiction, and vessels flying its flag from 
     facilitating or engaging in ship-to-ship transfers to or from 
     North Korea-flagged vessels of any goods or items that are 
     being supplied, sold, or transferred to or from North Korea, 
     including refined petroleum products and coal; and
       ``(B) reduce, towards the limit established by the United 
     Nations Security Council, the aggregate amount of crude oil 
     exported from or re-exported through the jurisdiction to 
     North Korea.
       ``(2) National security.--The President may waive the 
     application of sanctions under subsection (a) if the 
     President certifies to Congress that the waiver is important 
     to the national security interest of the United States.
       ``(3) Briefing required.--If the President waives the 
     application of sanctions under paragraph (1) or (2), the 
     President shall brief the following committees on the waiver:
       ``(A) The Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate.
       ``(B) The Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       ``(e) United States Person Defined.--In this section, the 
     term `United States person' means--
       ``(1) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       ``(2) an entity organized under the laws of the United 
     States or of any jurisdiction within the United States, 
     including a foreign branch of such an entity.''.
       (b) Clerical Amendment.--The table of contents for the 
     North Korea Sanctions and Policy Enhancement Act of 2016 is 
     amended by inserting after the item relating to section 211 
     the following:

``Sec. 212. Enforcement of United Nations sanctions with respect to 
              crude oil and refined petroleum products.''.

     SEC. __45. SANCTIONS WITH RESPECT TO SOURCING, MANUFACTURE, 
                   TRADE, OR DISTRIBUTION OF ILLICIT SUBSTANCES.

       Section 104(a)(6) of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9214(a)(6)) is amended by 
     striking ``narcotics trafficking'' and inserting 
     ``trafficking of, or facilitation of the souring, 
     manufacture, trade, or distribution of methamphetamines, 
     narcotics including opioids such as fentanyl, and other 
     illicit substances,''.

     SEC. __46. REPORT ON CERTAIN ENTITIES CONDUCTING BUSINESS 
                   WITH THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

       (a) In General.--Not later than 90 days after the date of 
     the date of the enactment of this Act, the President shall 
     submit to the appropriate congressional committees a report 
     that includes the following:
       (1) A list of entities that, during the 12-month period 
     preceding submission of the report, have imported or exported 
     any goods, services, or technology to or from the Democratic 
     People's Republic of Korea valued at more than $100,000,000.
       (2) A list of entities in the People's Republic of China, 
     the Russian Federation, and other countries outside of the 
     Democratic People's Republic of Korea that are known to 
     employ significant numbers of laborers from the Democratic 
     People's Republic of Korea.
       (3) For each country that hosts significant numbers of such 
     laborers, a list of specific economic sectors in which such 
     laborers are most commonly used.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

[[Page S3519]]

       (c) Briefing.--The President shall brief the appropriate 
     congressional committees, in a classified setting if 
     necessary, not later than 30 days after the delivery of the 
     report required by subsection (a) on whether the entities 
     identified in subsection (a)(2) meet the criteria for 
     designation for the imposition of sanctions under applicable 
     provisions of law.

     SEC. __47. ENHANCING THE REVIEW PROCESS FOR CHANGES TO 
                   SANCTIONS AND RULEMAKING.

       Section 208 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9228) is amended by adding 
     at the end the following:
       ``(e) Certification Requirement for Removal of Certain 
     Persons From the List of Specially Designated Nationals and 
     Blocked Persons.--
       ``(1) In general.--On and after the date of the enactment 
     of the Leverage to Enhance Effective Diplomacy Act of 2019, 
     the President may not remove a person described in paragraph 
     (2) from the list of specially designated nationals and 
     blocked persons maintained by the Office of Foreign Asset 
     Control of the Department of the Treasury unless and until 
     the President submits to the appropriate congressional 
     committees a certification described in paragraph (3) with 
     respect to the person.
       ``(2) Persons described.--A person described in this 
     paragraph is a person the property and interests in property 
     of which are blocked pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.) under this Act, 
     an applicable Executive order, or an applicable United 
     Nations Security Council resolution.
       ``(3) Certification described.--A certification described 
     in this paragraph with respect to a person is a certification 
     that the person is not engaging in conduct--
       ``(A) for which the person was included on the list of 
     specially designated nationals and blocked persons by the 
     Office of Foreign Assets Control; or
       ``(B) that violates applicable United States or 
     international laws.
       ``(4) Form.--A certification described in paragraph (3) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       ``(f) Certification Requirement for Removal of Designation 
     of North Korea as a Jurisdiction of Primary Money Laundering 
     Concern.--
       ``(1) In general.--The President may not terminate the 
     designation of North Korea as a jurisdiction of primary money 
     laundering concern pursuant to section 5318A of title 31, 
     United States Code, unless the President submits to the 
     appropriate congressional committees a certification 
     described in paragraph (2) with respect to North Korea.
       ``(2) Certification described.--A certification described 
     in this paragraph is a certification that the Government of 
     North Korea--
       ``(A) is no longer using state-controlled financial 
     institutions and front companies to conduct transactions that 
     support the proliferation of weapons of mass destruction and 
     ballistic missiles;
       ``(B) has instituted sufficient bank supervision and 
     controls with respect to anti-money laundering and combating 
     the financing of terrorism;
       ``(C) is cooperating with United States law enforcement and 
     regulatory officials in obtaining information about 
     transactions originating in or routed through or to North 
     Korea; and
       ``(D) is no longer relying on the illicit and corrupt 
     activity of high-level officials to support its government.
       ``(3) Form.--The certification described in paragraph (2) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       ``(g) Applicability of Congressional Review of Certain 
     Agency Rulemaking Relating to North Korea.--Notwithstanding 
     any other provision of law, any rule to amend or otherwise 
     alter any provision of part 510 of title 31, Code of Federal 
     Regulations, that is published on or after the date of the 
     enactment of the Leverage to Enhance Effective Diplomacy Act 
     of 2019 shall be deemed to be a rule or major rule (as the 
     case may be) for purposes of chapter 8 of title 5, United 
     States Code, and shall be subject to all applicable 
     requirements of that chapter.''.

     SEC. __48. REINFORCING GLOBAL EXPORT CONTROLS.

       There are authorized to be appropriated to the Secretary of 
     State such sums as may be necessary to assess and, where 
     necessary, to enhance the adequacy of the export control 
     regimes of United Nations member countries, including through 
     the use of action plans to encourage and assist countries in 
     adopting and using authorities necessary to enforce sanctions 
     and export controls required by United Nations Security 
     Council resolutions.

     SEC. __49. ADDITIONAL RESOURCES TO DETECT EVASION OF 
                   SANCTIONS TARGETING THE DEMOCRATIC PEOPLE'S 
                   REPUBLIC OF KOREA.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State and the 
     Secretary of the Treasury such sums as may be necessary to 
     enhance the ability of the Department of State and the 
     Department of the Treasury to detect evasion of sanctions 
     targeting the Democratic People's Republic of Korea, 
     including through actions described in subsection (b).
       (b) Assignment of Detailees.--The Secretary of the Treasury 
     should assign one additional detailee to each United States 
     embassy or consulate in each country that the Secretary, in 
     consultation with the Secretary of State, assesses to be 
     commonly linked to evasion of sanctions targeting the 
     Democratic People's Republic of Korea.
       (c) Sense of Congress.--It is the sense of Congress that 
     the United States should devote additional maritime patrol 
     and reconnaissance aircraft to areas known to be associated 
     with maritime forms of sanctions evasion by the Democratic 
     People's Republic of Korea, including ship-to-ship transfers 
     of refined petroleum products, oil, coal, and other goods and 
     the export of arms by the Democratic People's Republic of 
     Korea, to enhance the capability of the United States to 
     detect and publicize such activities.

     SEC. __50. BRIEFING ON EVASION OF SANCTIONS TARGETING THE 
                   DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date that is 5 years after such date of enactment, the 
     Secretary of State and the Secretary of the Treasury shall 
     brief the appropriate congressional committees regarding 
     evasion of sanctions targeting the Democratic People's 
     Republic of Korea.
       (b) Elements.--Each briefing required by subsection (a) 
     shall--
       (1) cover each country described in section __49(b) by 
     discussing any known or suspected cases or types of sanctions 
     evasion that implicate that country; and
       (2) be based on the input of detailees assigned as 
     described in that section.

     SEC. __51. BRIEFING ON ILLICIT USE OF VIRTUAL CURRENCIES BY 
                   THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall brief the appropriate congressional committees on the 
     illicit use of virtual currencies by the Democratic People's 
     Republic of Korea.
       (b) Elements.--The briefing required by subsection (a) 
     shall--
       (1) to the extent possible, provide an estimate of the 
     amount of fiat currency that the Democratic People's Republic 
     of Korea has been able to generate as of the date of the 
     briefing through conversion of virtual currency obtained by 
     illicit means including cyberattacks;
       (2) describe known pathways through which the Democratic 
     People's Republic of Korea executes such conversions, with an 
     emphasis on identifying virtual currency exchanges used by 
     the Democratic People's Republic of Korea or its agents; and
       (3) cover any known instances of purchases of goods or 
     services by the Democratic People's Republic of Korea using 
     virtual currency without converting that currency to fiat 
     currency before the purchases.

     SEC. __52. BRIEFING ON CROSS-BORDER FLOWS OF FENTANYL AND 
                   OTHER ILLICIT SUBSTANCES.

       (a) In General.--Not later than 180 days after the date of 
     the date of the enactment of this Act, the Secretary of the 
     Treasury shall brief the appropriate congressional committees 
     on the methods by which the Democratic People's Republic of 
     Korea produces and exports methamphetamines and other 
     narcotics, including opioids such as fentanyl.
       (b) Elements.--The briefing required by subsection (a) 
     shall--
       (1) provide estimates of the amounts of illicit substances 
     exported by the Democratic People's Republic of Korea and the 
     associated revenues;
       (2) describe known pathways through which the Democratic 
     People's Republic of Korea procures precursors for and 
     conducts exports of such substances, with particular focus on 
     exports into the People's Republic of China; and
       (3) assess the extent to which such pathways differ from 
     pathways used by the Democratic People's Republic of Korea to 
     export arms and other goods the export of which is 
     prohibited.

     SEC. __53. BRIEFING ON UNITED STATES CITIZENS DETAINED BY THE 
                   DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 30 days after the date of the enactment 
     of this Act, and every 180 days thereafter until the date 
     that is 2 years after such date of enactment, the Secretary 
     of State shall brief the appropriate congressional committees 
     on United States citizens detained by the Government of the 
     Democratic People's Republic of Korea, including United 
     States citizens who are also citizens of other countries.
       (b) Elements.--Each briefing required by subsection (a) 
     shall, to the extent practicable and appropriate, include, 
     with respect to each United States citizen detained by the 
     Government of the Democratic People's Republic of Korea, the 
     following:
       (1) The name of the United States citizen.
       (2) A description of the circumstances surrounding the 
     detention of the United States citizen.
       (3) An assessment of the health and welfare of the United 
     States citizen.
       (4) An assessment of whether any United States Government 
     officials or foreign government officials have been provided 
     access to the United States citizen.
       (5) A summary of any communications or comments by 
     officials of the Government of the Democratic People's 
     Republic of Korea regarding the detention and welfare of the 
     United States citizen.

[[Page S3520]]

       (6) A summary of official communications by United States 
     Government officials or foreign government officials, or 
     other persons acting on behalf of those officials, regarding 
     the United States citizen, including efforts to secure the 
     release of the United States citizen.
       (c) Interim Briefings.--During periods between briefings 
     under subsection (a), the Secretary of State shall brief the 
     appropriate congressional committees on any significant 
     updates on the status and welfare of any United States 
     citizens detained by the Government of the Democratic 
     People's Republic of Korea.

     SEC. __54. ADDITION OF DISCUSSION OF SANCTIONS EVASION TO 
                   ANNUAL REPORT OF THE UNITED STATES-CHINA 
                   ECONOMIC AND SECURITY REVIEW COMMISSION.

       Section 1238(c)(2) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 22 U.S.C. 7002(c)(2)) is amended by 
     adding at the end the following:
       ``(L) The evasion of sanctions targeting the Democratic 
     People's Republic of Korea by or involving the People's 
     Republic of China.''.

     SEC. __55. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--No provision affecting sanctions under 
     this subtitle or an amendment made by this subtitle shall 
     apply to sanctions on the importation of goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

     SEC. __56. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.

     SEC. __57. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect on 
     the date of the enactment of this Act and apply with respect 
     to conduct engaged on or after such date of enactment.

                       Subtitle E--Miscellaneous

     SEC. __61. AUTHORITY TO CONSOLIDATE REPORTS AND BRIEFINGS.

       Any reports or briefings required to be submitted to 
     Congress under this title or any amendments made by this 
     title that are subject to a deadline for submission 
     consisting of the same unit of time may be consolidated into 
     a single report or briefing. The consolidated report or 
     briefing shall contain all information required under this 
     title or any amendment made by this title with respect to the 
     reports comprising such consolidated report or briefing.
                                 ______
                                 
  SA 2075. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1___. GREATER SAGE-GROUSE PROTECTION AND RECOVERY.

       (a) Purposes.--The purposes of this section are--
       (1) to facilitate implementation of State management plans 
     over a period of multiple, consecutive greater sage-grouse 
     life cycles; and
       (2) to demonstrate the efficacy of the State management 
     plans for the protection and recovery of the greater sage-
     grouse.
       (b) Definitions.--In this section:
       (1) Federal resource management plan.--The term ``Federal 
     resource management plan'' means--
       (A) a land use plan prepared by the Bureau of Land 
     Management for public land pursuant to section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712); and
       (B) a land and resource management plan prepared by the 
     Forest Service for National Forest System land pursuant to 
     section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604).
       (2) Greater sage-grouse.--The term ``greater sage-grouse'' 
     means a sage-grouse of the species Centrocercus urophasianus.
       (3) State management plan.--The term ``State management 
     plan'' means a State-approved plan for the protection and 
     recovery of the greater sage-grouse.
       (c) Protection and Recovery of Greater Sage-grouse.--
       (1) Endangered species act of 1973 findings.--
       (A) Delay required.--The Secretary of the Interior may not 
     modify or invalidate the finding of the Director of the 
     United States Fish and Wildlife Service announced in the 
     proposed rule entitled ``Endangered and Threatened Wildlife 
     and Plants; 12-Month Finding on a Petition to List Greater 
     Sage-Grouse (Centrocercus urophasianus) as an Endangered or 
     Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015)) 
     during the period beginning on the date of enactment of this 
     Act and ending on September 30, 2029.
       (B) Effect on other laws.--The delay required under 
     subparagraph (A) is and shall remain effective without regard 
     to any other statute, regulation, court order, legal 
     settlement, or any other provision of law or in equity.
       (C) Effect on conservation status.--The conservation status 
     of the greater sage-grouse shall be considered not to warrant 
     listing of the greater sage-grouse as an endangered species 
     or threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) during the period beginning on 
     the date of enactment of this Act and ending on September 30, 
     2029.
       (2) Coordination of federal land management and state 
     conservation and management plans.--
       (A) Prohibition on withdrawal and modification of federal 
     resource management plans.--On notification by the Governor 
     of a State with a State management plan, the Secretary of the 
     Interior and the Secretary of Agriculture may not make, 
     modify, or extend any withdrawal or amend or otherwise modify 
     any Federal resource management plan applicable to Federal 
     land in the State in a manner inconsistent with the State 
     management plan for, as specified by the Governor in the 
     notification, a period of not fewer than 5 years beginning on 
     the date of the notification.
       (B) Retroactive effect.--In the case of any State that 
     provides notification under subparagraph (A), if any 
     withdrawal was made, modified, or extended or any amendment 
     or modification of a Federal resource management plan 
     applicable to Federal land in the State was issued after June 
     1, 2014, and the withdrawal, amendment, or modification 
     altered the management of the greater sage-grouse or the 
     habitat of the greater sage-grouse--
       (i) implementation and operation of the withdrawal, 
     amendment, or modification shall be stayed to the extent that 
     the withdrawal, amendment, or modification is inconsistent 
     with the State management plan; and
       (ii) the Federal resource management plan, as in effect 
     immediately before the withdrawal, amendment, or 
     modification, shall apply instead with respect to the 
     management of the greater sage-grouse and the habitat of the 
     greater sage-grouse, to the extent consistent with the State 
     management plan.
       (C) Determination of inconsistency.--Any disagreement 
     regarding whether a withdrawal, amendment, or other 
     modification of a Federal resource management plan is 
     inconsistent with a State management plan shall be resolved 
     by the Governor of the affected State.
       (3) Relation to national environmental policy act of 
     1969.--With regard to any major Federal action consistent 
     with a State management plan, any findings, analyses, or 
     conclusions regarding the greater sage-grouse and the habitat 
     of the greater sage-grouse under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) shall not have a preclusive effect on the 
     approval or implementation of the major Federal action in 
     that State.
       (4) Reporting requirement.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter 
     through 2029, the Secretary of the Interior and the Secretary 
     of Agriculture shall jointly submit to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     describing the implementation by the Secretaries of, and the 
     effectiveness of, systems to monitor the status of greater 
     sage-grouse on Federal land under the jurisdiction of the 
     Secretaries.
       (5) Judicial review.--Notwithstanding any other provision 
     of law (including regulations), this subsection, including 
     any determination made under paragraph (2)(C), shall not be 
     subject to judicial review.

     SEC. 1___. REMOVAL OF ENDANGERED SPECIES STATUS FOR AMERICAN 
                   BURYING BEETLE.

       Notwithstanding the final rule of the United States Fish 
     and Wildlife Service entitled ``Endangered and Threatened 
     Wildlife and Plants; Determination of Endangered Status for 
     the American Burying Beetle'' (54 Fed. Reg. 29652 (July 13, 
     1989)), the American burying beetle may not be listed as a 
     threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
                                 ______
                                 
  SA 2076. Mr. CRUZ (for himself and Ms. Sinema) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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 XVI, add the following:

     SEC. 1610. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

       (a) Presence in Low-Earth Orbit.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) it is in the national and economic security interests 
     of the United States to maintain a continuous human presence 
     in low-Earth orbit;

[[Page S3521]]

       (B) the International Space Station is a strategic national 
     security asset vital to the continued space exploration and 
     scientific advancements of the United States; and
       (C) low-Earth orbit should be utilized as a testbed to 
     advance human space exploration, scientific discoveries, and 
     United States economic competitiveness and commercial 
     participation.
       (2) Human presence requirement.--The United States shall 
     continuously maintain the capability for a continuous human 
     presence in low-Earth orbit through and beyond the useful 
     life of the International Space Station.
       (b) Maintaining a National Laboratory in Space.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the United States national laboratory in space, which 
     currently consists of the United States segment of the 
     International Space Station (designated as a national 
     laboratory under section 70905 of title 51, United States 
     Code)--
       (i) benefits the scientific community and promotes commerce 
     in space;
       (ii) fosters stronger relationships among the National 
     Aeronautics and Space Administration (referred to in this 
     section as ``NASA'') and other Federal agencies, the private 
     sector, and research groups and universities;
       (iii) advances science, technology, engineering, and 
     mathematics education through utilization of the unique 
     microgravity environment; and
       (iv) advances human knowledge and international 
     cooperation;
       (B) after the International Space Station is 
     decommissioned, the United States should maintain a national 
     microgravity laboratory in space;
       (C) in maintaining a national microgravity laboratory 
     described in subparagraph (B), the United States should make 
     appropriate accommodations for different types of ownership 
     and operational structures for the International Space 
     Station and future space stations;
       (D) the national microgravity laboratory described in 
     subparagraph (B) should be maintained beyond the date on 
     which the International Space Station is decommissioned and, 
     if possible, in cooperation with international space partners 
     to the extent practicable; and
       (E) NASA should continue to support fundamental science 
     research on future platforms in low-Earth orbit and cis-lunar 
     space, short duration suborbital flights, drop towers, and 
     other microgravity testing environments.
       (2) Report.--The Administrator of NASA shall produce, in 
     coordination with the National Space Council and other 
     Federal agencies as the Administrator considers relevant, a 
     report detailing the feasibility of establishing a 
     microgravity national laboratory Federally Funded Research 
     and Development Center to undertake the work related to the 
     study and utilization of in-space conditions.
       (c) Continuation of Authority.--
       (1) In general.--Section 501(a) of the National Aeronautics 
     and Space Administration Authorization Act of 2010 (42 U.S.C. 
     18351(a)) is amended by striking ``2024'' and inserting 
     ``2030''.
       (2) Maintenance of the united states segment and assurance 
     of continued operations of the international space station.--
     Section 503(a) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) 
     is amended by striking ``2024'' and inserting ``2030''.
       (3) Research capacity allocation and integration of 
     research payloads.--Section 504(d) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18354(d)) is amended by striking ``2024'' 
     each place it appears and inserting ``2030''.
       (4) Maintaining use through at least 2030.--Section 70907 
     of title 51, United States Code, is amended--
       (A) in the section heading, by striking ``2024'' and 
     inserting ``2030''; and
       (B) by striking ``2024'' each place it appears and 
     inserting ``2030''.
       (d) Transition Plan Reports.--Section 50111(c)(2) of title 
     51, United States Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``2023'' and inserting ``2028''; and
       (2) in subparagraph (J), by striking ``2028'' and inserting 
     ``2030''.
       (e) Exemption From the Iran, North Korea, and Syria 
     Nonproliferation Act.--Section 7(1) of the Iran, North Korea, 
     and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 
     1701 note) is amended, in the undesignated matter following 
     subparagraph (B), by striking ``December 31, 2020'' and 
     inserting ``December 31, 2030''.
       (f) Department of Defense Activities on International Space 
     Station.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (A) identify and review each activity, program, and project 
     of the Department of Defense completed, being carried out, or 
     planned to be carried out on the International Space Station 
     as of the date of the review; and
       (B) provide to the appropriate committees of Congress a 
     briefing that describes the results of the review.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 2077. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. ANTIDISCRIMINATION.

       (a) Short Title.--This section may be cited as the ``Elijah 
     E. Cummings Federal Employee Antidiscrimination Act of 
     2020''.
       (b) Sense of Congress.--Section 102 of the Notification and 
     Federal Employee Antidiscrimination and Retaliation Act of 
     2002 (5 U.S.C. 2301 note) is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4) accountability in the enforcement of the rights of 
     Federal employees is furthered when Federal agencies agree to 
     take appropriate disciplinary action against Federal 
     employees who are found to have intentionally committed 
     discriminatory (including retaliatory) acts;''; and
       (2) in paragraph (5)(A)--
       (A) by striking ``nor is accountability'' and inserting 
     ``accountability is not''; and
       (B) by inserting ``for what, by law, the agency is 
     responsible'' after ``under this Act''.
       (c) Notification of Violation.--Section 202 of the 
     Notification and Federal Employee Antidiscrimination and 
     Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by 
     adding at the end the following:
       ``(d) Notification of Final Agency Action.--
       ``(1) In general.--Not later than 90 days after the date on 
     which an event described in paragraph (2) occurs with respect 
     to a finding of discrimination (including retaliation), the 
     head of the Federal agency subject to the finding shall 
     provide notice--
       ``(A) on the public internet website of the agency, in a 
     clear and prominent location linked directly from the home 
     page of that website;
       ``(B) stating that a finding of discrimination (including 
     retaliation) has been made; and
       ``(C) which shall remain posted for not less than 1 year.
       ``(2) Events described.--An event described in this 
     paragraph is any of the following:
       ``(A) All appeals of a final action by a Federal agency 
     involving a finding of discrimination (including retaliation) 
     prohibited by a provision of law covered by paragraph (1) or 
     (2) of section 201(a) have been exhausted.
       ``(B) All appeals of a final decision by the Equal 
     Employment Opportunity Commission involving a finding of 
     discrimination (including if the finding included a finding 
     of retaliation) prohibited by a provision of law covered by 
     paragraph (1) or (2) of section 201(a) have been exhausted.
       ``(C) A court of jurisdiction issues a final judgment 
     involving a finding of discrimination (including retaliation) 
     prohibited by a provision of law covered by paragraph (1) or 
     (2) of section 201(a).
       ``(3) Contents.--A notification provided under paragraph 
     (1) with respect to a finding of discrimination (including 
     retaliation) shall--
       ``(A) identify the date on which the finding was made, the 
     date on which each discriminatory act occurred, and the law 
     violated by each such discriminatory act; and
       ``(B) advise Federal employees of the rights and 
     protections available under the provisions of law covered by 
     paragraphs (1) and (2) of section 201(a).''.
       (d) Reporting Requirements.--
       (1) Electronic format requirement.--
       (A) In general.--Section 203(a) of the Notification and 
     Federal Employee Antidiscrimination and Retaliation Act of 
     2002 (5 U.S.C. 2301 note) is amended, in the matter preceding 
     paragraph (1)--
       (i) by inserting ``Homeland Security and'' before 
     ``Governmental Affairs'';
       (ii) by striking ``on Government Reform'' and inserting 
     ``on Oversight and Reform'';
       (iii) by inserting ``any Member of Congress (upon request 
     to the agency),'' before ``the Equal Employment Opportunity 
     Commission''; and
       (iv) by inserting ``(in an electronic format prescribed by 
     the Director of the Office of Personnel Management),'' after 
     ``an annual report''.
       (B) Effective date.--The amendment made by subparagraph 
     (A)(iii) shall take effect on the date that is 1 year after 
     the date of enactment of this Act.
       (C) Transition period.--Notwithstanding the requirements of 
     section 203(a) of the Notification and Federal Employee 
     Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 
     note), the report required under such section 203(a) may be 
     submitted in an

[[Page S3522]]

     electronic format, as prescribed by the Director of the 
     Office of Personnel Management, during the period beginning 
     on the date of enactment of this Act and ending on the 
     effective date in subparagraph (B).
       (2) Reporting requirement for disciplinary action.--Section 
     203 of the Notification and Federal Employee 
     Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 
     note) is amended by adding at the end the following:
       ``(c) Disciplinary Action Report.--Not later than 120 days 
     after the date on which a Federal agency takes final action, 
     or a Federal agency receives a final decision issued by the 
     Equal Employment Opportunity Commission, involving a finding 
     of discrimination (including retaliation) in violation of a 
     provision of law covered by paragraph (1) or (2) of section 
     201(a), as applicable, the applicable Federal agency shall 
     submit to the Commission a report stating--
       ``(1) whether disciplinary action has been proposed against 
     a Federal employee as a result of the violation; and
       ``(2) the reasons for any disciplinary action proposed 
     under paragraph (1).''.
       (e) Data to Be Posted by Employing Federal Agencies.--
     Section 301(b) of the Notification and Federal Employee 
     Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 
     note) is amended--
       (1) in paragraph (9)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B)(ii), by striking the period at the 
     end and inserting ``, and''; and
       (C) by adding at the end the following:
       ``(C) with respect to each finding described in 
     subparagraph (A)--
       ``(i) the date of the finding,
       ``(ii) the affected Federal agency,
       ``(iii) the law violated, and
       ``(iv) whether a decision has been made regarding 
     disciplinary action as a result of the finding.''; and
       (2) by adding at the end the following:
       ``(11) Data regarding each class action complaint filed 
     against the agency alleging discrimination (including 
     retaliation), including--
       ``(A) information regarding the date on which each 
     complaint was filed,
       ``(B) a general summary of the allegations alleged in the 
     complaint,
       ``(C) an estimate of the total number of plaintiffs joined 
     in the complaint, if known,
       ``(D) the current status of the complaint, including 
     whether the class has been certified, and
       ``(E) the case numbers for the civil actions in which 
     discrimination (including retaliation) has been found.''.
       (f) Data to Be Posted by the Equal Employment Opportunity 
     Commission.--Section 302(b) of the Notification and Federal 
     Employee Antidiscrimination and Retaliation Act of 2002 (5 
     U.S.C. 2301 note) is amended by striking ``(10)'' and 
     inserting ``(11)''.
       (g) Notification and Federal Employee Antidiscrimination 
     and Retaliation Act of 2002 Amendments.--
       (1) Notification requirements.--Title II of the 
     Notification and Federal Employee Antidiscrimination and 
     Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by 
     adding at the end the following:

     ``SEC. 207. COMPLAINT TRACKING.

       ``Not later than 1 year after the date of enactment of the 
     Elijah E. Cummings Federal Employee Antidiscrimination Act of 
     2019, each Federal agency shall establish a system to track 
     each complaint of discrimination arising under section 
     2302(b)(1) of title 5, United States Code, and adjudicated 
     through the Equal Employment Opportunity process from the 
     filing of a complaint with the Federal agency to resolution 
     of the complaint, including whether a decision has been made 
     regarding disciplinary action as the result of a finding of 
     discrimination.

     ``SEC. 208. NOTATION IN PERSONNEL RECORD.

       ``If a Federal agency takes an adverse action covered under 
     section 7512 of title 5, United States Code, against a 
     Federal employee for an act of discrimination (including 
     retaliation) prohibited by a provision of law covered by 
     paragraph (1) or (2) of section 201(a), the agency shall, 
     after all appeals relating to that action have been 
     exhausted, include a notation of the adverse action and the 
     reason for the action in the personnel record of the 
     employee.''.
       (2) Processing and referral.--The Notification and Federal 
     Employee Antidiscrimination and Retaliation Act of 2002 (5 
     U.S.C. 2301 note) is amended by adding at the end the 
     following:

                  ``TITLE IV--PROCESSING AND REFERRAL

     ``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.

       ``Each Federal agency shall--
       ``(1) be responsible for the fair and impartial processing 
     and resolution of complaints of employment discrimination 
     (including retaliation) prohibited by a provision of law 
     covered by paragraph (1) or (2) of section 201(a); and
       ``(2) establish a model Equal Employment Opportunity 
     Program that--
       ``(A) is not under the control, either structurally or 
     practically, of the agency's Office of Human Capital or 
     Office of the General Counsel (or the equivalent);
       ``(B) is devoid of internal conflicts of interest and 
     ensures fairness and inclusiveness within the agency; and
       ``(C) ensures the efficient and fair resolution of 
     complaints alleging discrimination (including retaliation).

     ``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.

       ``Nothing in this title shall prevent a Federal agency or a 
     subcomponent of a Federal agency, or the Department of 
     Justice, from providing advice or counsel to employees of 
     that agency (or subcomponent, as applicable) in the 
     resolution of a complaint.

     ``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY.

       ``The head of each Federal agency's Equal Employment 
     Opportunity Program shall report directly to the head of the 
     agency.

     ``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.

       ``(a) EEOC Findings of Discrimination.--
       ``(1) In general.--Not later than 30 days after the date on 
     which the Equal Employment Opportunity Commission (referred 
     to in this section as the `Commission') receives, or should 
     have received, a Federal agency report required under section 
     203(c), the Commission may refer the matter to which the 
     report relates to the Office of Special Counsel if the 
     Commission determines that the Federal agency did not take 
     appropriate action with respect to the finding that is the 
     subject of the report.
       ``(2) Notifications.--The Commission shall--
       ``(A) notify the applicable Federal agency if the 
     Commission refers a matter to the Office of Special Counsel 
     under paragraph (1); and
       ``(B) with respect to a fiscal year, include in the Annual 
     Report of the Federal Workforce of the Commission covering 
     that fiscal year--
       ``(i) the number of referrals made under paragraph (1) 
     during that fiscal year; and
       ``(ii) a brief summary of each referral described in clause 
     (i).
       ``(b) Referrals to Special Counsel.--The Office of Special 
     Counsel shall accept and review a referral from the 
     Commission under subsection (a)(1) for purposes of pursuing 
     disciplinary action under the authority of the Office against 
     a Federal employee who commits an act of discrimination 
     (including retaliation).
       ``(c) Notification.--The Office of Special Counsel shall 
     notify the Commission and the applicable Federal agency in a 
     case in which--
       ``(1) the Office of Special Counsel pursues disciplinary 
     action under subsection (b); and
       ``(2) the Federal agency imposes some form of disciplinary 
     action against a Federal employee who commits an act of 
     discrimination (including retaliation).
       ``(d) Special Counsel Approval.--A Federal agency may not 
     take disciplinary action against a Federal employee for an 
     alleged act of discrimination (including retaliation) 
     referred by the Commission under this section, except in 
     accordance with the requirements of section 1214(f) of title 
     5, United States Code.''.
       (3) Conforming amendments.--The table of contents in 
     section 1(b) of the Notification and Federal Employee 
     Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 
     note) is amended--
       (A) by inserting after the item relating to section 206 the 
     following:

``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.''; and
       (B) by adding at the end the following:

                  ``TITLE IV--PROCESSING AND REFERRAL

``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on advice or counsel.
``Sec. 403. Head of Program supervised by head of agency.
``Sec. 404. Referrals of findings of discrimination.''.
       (h) Nondisclosure Agreement Limitation.--Section 
     2302(b)(13) of title 5, United States Code, is amended--
       (1) by striking ``agreement does not'' and inserting the 
     following: ``agreement--
       ``(A) does not'';
       (2) in subparagraph (A), as so designated, by inserting 
     ``or the Office of Special Counsel'' after ``Inspector 
     General''; and
       (3) by adding at the end the following:
       ``(B) prohibits or restricts an employee or applicant for 
     employment from disclosing to Congress, the Special Counsel, 
     the Inspector General of an agency, or any other agency 
     component responsible for internal investigation or review 
     any information that relates to any violation of any law, 
     rule, or regulation, or mismanagement, a gross waste of 
     funds, an abuse of authority, or a substantial and specific 
     danger to public health or safety, or any other whistleblower 
     protection; or''.
                                 ______
                                 
  SA 2078. Mr. JOHNSON (for himself and Ms. Baldwin) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 VIII, add the following:

     SEC. 873. SENSE OF SENATE ON IMPORTANCE OF MAINTAINING A 
                   STABLE DEFENSE SUPPLY INCLUDING SMALL BUSINESS 
                   SUPPLIERS.

       It is the sense of the Senate that--

[[Page S3523]]

       (1) it is in the national security interest of the United 
     States to maintain a stable defense supply base that includes 
     small business suppliers;
       (2) small businesses within the defense supply base are 
     especially vulnerable to significant changes in funding for 
     acquisition programs; and
       (3) the Department of Defense should avoid, to the extent 
     possible, drastic acquisition program changes in order to 
     provide more predictability and opportunities for defense 
     suppliers, particularly small businesses, to adapt.
                                 ______
                                 
  SA 2079. Mr. JOHNSON (for himself and Ms. Baldwin) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 V, add the following:

     SEC. 553. AUTHORIZATION FOR POSTHUMOUS AWARD OF THE MEDAL OF 
                   HONOR TO JAMES MEGELLAS FOR ACTS OF VALOR 
                   DURING THE BATTLE OF THE BULGE.

       (a) Waiver of Time Limitations.--Notwithstanding the time 
     limitations specified in section 7274 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the Armed 
     Forces, the President may posthumously award the Medal of 
     Honor under section 7271 of such title to James Megellas, 
     formerly of Fond du Lac, Wisconsin, and of Colleyville, 
     Texas, until his death on April 2, 2020, for the acts of 
     valor during World War II described in subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to 
     in subsection (a) are the actions of James Megellas on 
     January 28, 1945, in Herresbach, Belgium, during the Battle 
     of the Bulge when, as a first lieutenant in the 82nd Airborne 
     Division, he led a surprise and devastating attack on a much 
     larger advancing enemy force, killing and capturing a large 
     number and causing others to flee, single-handedly destroying 
     an attacking German Mark V tank with two hand-held grenades, 
     and then leading his men in clearing and seizing Herresbach.
                                 ______
                                 
  SA 2080. Mr. PORTMAN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 240. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND 
                   TECHNOLOGY ACTIVITIES ON WORK WITH ACADEMIC 
                   CONSORTIA ON HIGH PRIORITY CYBERSECURITY 
                   RESEARCH ACTIVITIES IN DEPARTMENT OF DEFENSE 
                   CAPABILITIES.

       Section 257(b)(2) of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 133 Sta. 1291) is 
     amended by adding at end the following new subparagraph:
       ``(J) Efforts to work with academic consortia on high 
     priority cybersecurity research activities.''.
                                 ______
                                 
  SA 2081. Mr. PORTMAN (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 1235 and insert the following:

     SEC. 1235. SENSE OF SENATE ON ADMISSION OF UKRAINE TO THE 
                   NORTH ATLANTIC TREATY ORGANIZATION ENHANCED 
                   OPPORTUNITIES PARTNERSHIP PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) On August 24, 1991, Ukraine became a free and 
     independent country after declaring its independence from the 
     Soviet Union.
       (2) The Russian Federation is required to respect the 
     independence, sovereignty, and territorial integrity of 
     Ukraine through its signed commitments to the 1994 Budapest 
     Memorandum, the 1975 Helsinki Accords, and the Charter of the 
     United Nations.
       (3) On February 8, 1994, Ukraine was among the first post-
     Soviet states to join the North Atlantic Treaty 
     Organization's Partnership for Peace, and Ukraine 
     subsequently participated in numerous North Atlantic Treaty 
     Organization-led security assistance, peacekeeping, 
     counterterror, and maritime initiatives.
       (4) The North Atlantic Treaty Organization and Ukraine have 
     continuously deepened their cooperation through the 
     establishment of--
       (A) the North Atlantic Treaty Organization-Ukraine Charter 
     on a Distinctive Partnership and the North Atlantic Treaty 
     Organization-Ukraine Commission in 1997;
       (B) the North Atlantic Treaty Organization-Ukraine Joint 
     Working Group on Defense Reform in 1998; and
       (C) the North Atlantic Treaty Organization-Ukraine Action 
     Plan in 2002.
       (5) In the Bucharest Summit Declaration of April 2008, 
     heads of state and governments of North Atlantic Treaty 
     Organization member countries declared, ``NATO welcomes 
     Ukraine's and Georgia's Euro-Atlantic aspirations for 
     membership in NATO. We agreed today that these countries will 
     become members of NATO.''.
       (6) Beginning on November 21, 2013, and ending on February 
     22, 2014, during a period that became known as the Revolution 
     of Dignity, the people of Ukraine peacefully protested the 
     decision of then President Viktor Yanukovych to suspend the 
     signing of the Ukraine-European Union Association Agreement, 
     resulting in the unanimous removal from office of Yanukovych 
     by the Verkhovna Rada.
       (7) On May 25, 2014, Peter Poroshenko was elected 
     democratically to become the President of Ukraine based on a 
     pro-European Union and pro-North Atlantic Treaty Organization 
     platform, which laid the foundation for progress on the 
     European Union Association Agreement.
       (8) In response to Ukraine's Revolution of Dignity, the 
     Russian Federation launched an overt and covert military 
     campaign against Ukraine, illegally occupied Ukraine's 
     Crimean Peninsula, and instigated war in eastern Ukraine, 
     resulting in the deaths of approximately 14,000 Ukrainians.
       (9) The Russian Federation's invasion and illegal 
     occupation of the Crimean Peninsula and instigation of 
     conflict in eastern Ukraine in 2014 was widely viewed as an 
     effort to stifle pro-democracy and pro-Western developments 
     across Ukraine in the wake of the Revolution of Dignity.
       (10) At the 2014 Wales Summit, the North Atlantic Treaty 
     Organization adopted the Enhanced Opportunities Partnership 
     Program as a component of the North Atlantic Treaty 
     Organization Partnership Interoperability Initiative, which 
     would ``encourage, facilitate, and sustain'' Ukraine's 
     contributions to the North Atlantic Treaty Organization.
       (11) In 2016, as a result of the Warsaw Summit, the North 
     Atlantic Treaty Organization pledged additional training and 
     technical support for the military forces of Ukraine and 
     endorsed a comprehensive assistance package that included 
     ``tailored capability and capacity building measures . . . to 
     enhance Ukraine's resilience against a wide array of threats, 
     including hybrid threats''.
       (12) In 2017, in the face of continued Russian Federation 
     aggression in the eastern region of Ukraine and the continued 
     occupation of Crimea, the Government of Ukraine rejected 
     cooperation with the Russian Federation and voted to make 
     cooperation with the North Atlantic Treaty Organization a 
     foreign policy priority.
       (13) On September 1, 2017, the Ukraine-European Union 
     Association Agreement entered into force.
       (14) On April 21, 2019, the new president of Ukraine, 
     Volodymyr Zelenskyy--
       (A) reaffirmed to European Union and North Atlantic Treaty 
     Organization leaders that Ukraine's strategic course was to 
     achieve full membership in the European Union and the North 
     Atlantic Treaty Organization; and
       (B) championed the adoption of an amendment to the 
     Constitution of Ukraine declaring that the Government of 
     Ukraine is responsible for implementing such strategic course 
     toward membership in the European Union and the North 
     Atlantic Treaty Organization.
       (15) In January 2020, the Government of Ukraine requested 
     that the North Atlantic Treaty Organization grant Ukraine the 
     status of an Enhanced Opportunities Partner.
       (16) Since Ukraine's Revolution of Dignity and in 
     recognition of the United States-Ukraine strategic 
     partnership, the United States has--
       (A) provided Ukraine with more than $1,600,000,000 in 
     security assistance, including critical defense items;
       (B) collaborated closely with the military forces of 
     Ukraine; and
       (C) imposed strong sanctions on the Russian Federation in 
     response to continued Russian Federation aggression in 
     Ukraine.
       (17) On June 12, 2020, the North Atlantic Treaty 
     Organization welcomed Ukraine into the Enhanced Opportunities 
     Partnership program, joining Australia, Finland, Sweden, 
     Georgia, and Jordan.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Senate--
       (1) applauds the progress of Ukraine and the Revolution of 
     Dignity with respect to strengthening the rule of law and 
     combating corruption, aligning with Euro-Atlantic norms and 
     standards, and improving Ukraine's military combat readiness 
     and interoperability with the North Atlantic Treaty 
     Organization;
       (2) affirms the unwavering commitment of the United States 
     to--

[[Page S3524]]

       (A) supporting the continued efforts of Ukraine to 
     implement democratic and free market reforms;
       (B) restoring the territorial integrity of Ukraine; and
       (C) providing additional lethal and nonlethal security 
     assistance to strengthen the defense capabilities of Ukraine 
     and to deter further Russian Federation aggression;
       (3) condemns the Russian Federation's ongoing use of force 
     and other malign activities against Ukraine and renews its 
     call on the Government of the Russian Federation to 
     immediately cease all activities that seek to undermine 
     Ukraine and destabilize Europe; and
       (4) congratulates Ukraine on its inclusion in the North 
     Atlantic Treaty Organization Enhanced Opportunities 
     Partnership program and on the establishment of a roadmap to 
     full NATO accession for Ukraine.
                                 ______
                                 
  SA 2082. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. APPLICATION OF DISTANCE REQUIREMENTS FOR CRITICAL 
                   ACCESS HOSPITALS.

       Section 1820(h) of the Social Security Act (42 U.S.C. 
     1395i-4(h)) is amended by adding at the end the following new 
     paragraph:
       ``(4) Application of distance criterion.--In the case of a 
     facility that was designated as a critical access hospital 
     during 2016, and for which there was a change of ownership 
     during 2018, if the designation relied on incorrect 
     information received from a State about a road as being 
     secondary in order to meet the distance criterion described 
     in subsection (c)(2)(B)(i)(I), the facility shall be deemed 
     to meet such distance criterion on and after the date of such 
     2016 designation.''.
                                 ______
                                 
  SA 2083. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. SENSE OF SENATE ON UNITED STATES-ISRAEL 
                   COOPERATION ON PRECISION-GUIDED MUNITIONS.

       It is the sense of the Senate that--
       (1) the Department of Defense has cooperated extensively 
     with Israel to assist in the procurement of precision-guided 
     munitions, and such cooperation represents an important 
     example of robust United States support for Israel;
       (2) to the extent practicable, the Secretary of Defense 
     should take further measures to expedite deliveries of 
     precision-guided munitions to Israel; and
       (3) regularized annual purchases of precision-guided 
     munitions by Israel, in accordance with existing requirements 
     and practices regarding the export of defense articles and 
     defense services, coordinated with the United States Air 
     Force annual purchase of precision-guided munitions, would 
     enhance the security of both the United States and Israel 
     by--
       (A) promoting a more efficient use of defense resources by 
     taking advantage of economies of scale;
       (B) enabling the United States and Israel to address crisis 
     requirements for precision-guided munitions in a timely and 
     flexible manner; and
       (C) encouraging the defense industrial base to maintain 
     routine production lines of precision-guided munitions.
                                 ______
                                 
  SA 2084. Mr. LEE (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, 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. ____. ALLIED BURDEN SHARING REPORT.

       (a) Finding; Sense of Congress.--
       (1) Finding.--Congress finds that section 1003 of the 
     Department of Defense Authorization Act, 1985 (Public Law 98-
     525; 63 Stat. 2241)--
       (A) expresses the sense of Congress that, due to threats 
     that are ever-changing, Congress must be informed with 
     respect to allied contributions to the common defense to 
     properly assess the readiness of the United States and the 
     countries described in subsection (b)(2) for threats; and
       (B) requires the Secretary of Defense to submit to Congress 
     an annual report on the contributions of allies to the common 
     defense.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) the threats facing the United States--
       (i) extend beyond the global war on terror; and
       (ii) include near-peer threats; and
       (B) the President should seek from each country described 
     in subsection (b)(2) acceptance of international security 
     responsibilities and agreements to make contributions to the 
     common defense in accordance with the collective defense 
     agreements or treaties to which such country is a party.
       (b) Reports on Allied Contributions to the Common 
     Defense.--
       (1) In general.--Not later than March 1 each year, the 
     Secretary of Defense, in coordination with the heads of other 
     Federal agencies, as the Secretary determines to be 
     necessary, shall submit to the appropriate committees of 
     Congress a report containing a description of--
       (A) the annual defense spending by each country described 
     in paragraph (2), including available data on nominal budget 
     figures and defense spending as a percentage of the gross 
     domestic products of each such country for the fiscal year 
     immediately preceding the fiscal year in which the report is 
     submitted;
       (B) the activities of each such country to contribute to 
     military or stability operations in which the Armed Forces of 
     the United States are a participant or may be called upon in 
     accordance with a cooperative defense agreement to which the 
     United States is a party;
       (C) any limitations placed by any such country on the use 
     of such contributions; and
       (D) any actions undertaken by the United States or by other 
     countries to minimize such limitations.
       (2) Countries described.--The countries described in this 
     paragraph are the following:
       (A) Each member state of the North Atlantic Treaty 
     Organization.
       (B) Each member state of the Gulf Cooperation Council.
       (C) Each country party to the Inter-American Treaty of 
     Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro 
     September 2, 1947, and entered into force December 3, 1948 
     (TIAS 1838).
       (D) Australia.
       (E) Japan.
       (F) New Zealand.
       (G) The Philippines.
       (H) South Korea.
       (I) Thailand.
       (3) Form.--Each report under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (4) Availability.--A report submitted under paragraph (1) 
     shall be made available on request to any Member of Congress.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 2085. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 333. PROCUREMENT OF MODERN, COMMERCIALLY AVAILABLE, AND 
                   OFF-THE-SHELF HEALTH AND COMMUNICATIONS SYSTEM 
                   FOR THE UH-72A LAKOTA HELICOPTER.

       The Secretary of the Army shall procure a modern, 
     commercially available, and off-the-shelf health and 
     communications system for the UH-72A Lakota helicopter to 
     upgrade the existing communications and health monitoring 
     system of such helicopter with a next generation satellite 
     communications system that--
       (1) is digital, lightweight, and beyond line-of-sight;
       (2) has a push-to-talk radio; and
       (3) has voice to internet, real-time fleet health 
     monitoring, and recording capabilities.
                                 ______
                                 
  SA 2086. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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:

[[Page S3525]]

  


     SEC. ___. DEPARTMENT OF COMMERCE STUDY ON STATUS OF 
                   SEMICONDUCTOR TECHNOLOGIES IN THE UNITED STATES 
                   INDUSTRIAL BASE.

       (a) In General.--Commencing not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce and the Secretary of Homeland Security shall 
     undertake a survey, using authorities in section 705 of the 
     Defense Production Act (50 U.S.C. 4555), to assess the 
     capabilities of the United States industrial base to support 
     the national defense in light of the global nature of the 
     supply chain and significant interdependencies between the 
     United States industrial base and the industrial base of 
     foreign countries with respect to the manufacture, design, 
     and end use of semiconductors.
       (b) Response to Survey.--The Secretary shall ensure 
     compliance with the survey from among all relevant potential 
     respondents, including the following:
       (1) Corporations, partnerships, associations, or any other 
     organized groups domiciled and with substantial operations in 
     the United States.
       (2) Corporations, partnerships, associations, or any other 
     organized groups domiciled in the United States with 
     operations outside the United States.
       (3) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups with substantial 
     operations or business presence in, or substantial revenues 
     derived from, the United States.
       (4) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups in defense treaty 
     or assistance countries where the production of the entity 
     concerned involves critical technologies covered by section 
     2.
       (c) Information Requested.--The information sought from a 
     responding entity pursuant to the survey required by 
     subsection (a) shall include, at minimum, information on the 
     following with respect to the manufacture. design, or end use 
     of semiconductors by such entity:
       (1) An identification of the geographic scope of 
     operations.
       (2) Information on relevant cost structures.
       (3) An identification of types of semiconductor 
     development, manufacture, assembly, test, and packaging 
     equipment in operation at such entity.
       (4) An identification of all relevant raw materials and 
     semi-finished goods and components sourced domestically and 
     abroad by such entity.
       (5) Specifications of the semiconductors manufactured or 
     designed by such entity, descriptions of the end-uses of such 
     semiconductors, and a description of any technical support 
     provided to end-users of such semiconductors by such entity.
       (6) Information on domestic and export market sales by such 
     entity.
       (7) Information on the financial performance, including 
     income and expenditures, of such entity.
       (8) A list of all foreign and domestic subsidies, and any 
     other financial incentives, received by such entity in each 
     market in which such entity operates.
       (9) A list of information requests from the People's 
     Republic of China to such entity, and a description of the 
     nature of each request and the type of information provided.
       (10) Information on any joint ventures, technology 
     licensing agreements, and cooperative research or production 
     arrangements of such entity.
       (11) A description of efforts by such entity to evaluate 
     and control supply chain risks it faces.
       (12) A list and description of any sales, licensing 
     agreements, or partnerships between such entity and the 
     People's Liberation Army or People's Armed Police, including 
     any business relationships with entities through which such 
     sales, licensing agreements, or partnerships may occur.
       (d) Report.--
       (1) In general.--The Secretary of Commerce shall, in 
     consultation with the Secretary of Defense and the Secretary 
     of Homeland Security, submit to Congress a report on the 
     results of the survey required by subsection (a). The report 
     shall include the following:
       (A) An assessment of the results of the survey.
       (B) A list of critical technology areas impacted by 
     potential disruptions in production of semiconductors, and a 
     detailed description and assessment of the impact of such 
     potential disruptions on such areas.
       (C) A description and assessment of gaps and 
     vulnerabilities in the semiconductor supply chain and the 
     national industrial supply base.
       (2) Form.--The report required by paragraph (1) may be 
     submitted in classified form.
                                 ______
                                 
  SA 2087. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. DEPARTMENT OF DEFENSE SUPPORT FOR SEMICONDUCTOR 
                   TECHNOLOGIES AND RELATED TECHNOLOGIES.

       (a) RDT&E Efforts.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Commerce and the Secretary 
     of Homeland Security, work with the private sector through a 
     public-private partnership to incentivize the formation of a 
     consortium of United States companies to ensure the 
     development and production of advanced, measurably secure 
     microelectronics for use by the Department of Defense, the 
     intelligence community, critical infrastructure sectors, and 
     other national security applications. The consortium so 
     formed must be capable of producing microelectronics 
     consistent with security standards required by section 224 of 
     the National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92).
       (2) Discharge.--The Secretary of Defense shall carry out 
     paragraph (1) jointly through the Office of the Under 
     Secretary of Defense for Research and Engineering and the 
     Office of the Under Secretary of Defense for Acquisition and 
     Sustainment, or such other component of the Department of 
     Defense as the Secretary considers appropriate.
       (3) Other initiatives.--The Secretary of Defense shall 
     dedicate initiatives within the Department of Defense to 
     advance radio frequency, mixed signal, radiation tolerant, 
     and radiation hardened microelectronics that support national 
     security and dual-use applications.
       (b) DPA Efforts.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on, and shall commence implementation of, a 
     plan for use by the Department of Defense of authorities 
     available in title III of the Defense Production Act of 1950 
     (50 U.S.C. 4531 et seq.) to establish and enhance a domestic 
     production capability for semiconductor technologies and 
     related technologies, if funding is available for that 
     purpose.
       (2) Consultation.--The President shall develop the plan 
     required by paragraph (1) in consultation with the Secretary 
     of Defense, the Secretary of State, the Secretary of 
     Commerce, and appropriate stakeholders in the private sector.
                                 ______
                                 
  SA 2088. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON PROVISION OF GRANT FUNDS TO ENTITIES 
                   THAT HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS 
                   OF UNITED STATES ENTITIES.

       Section 47110 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(j) Prohibition on Provision of Grant Funds to Entities 
     That Have Violated Intellectual Property Rights of United 
     States Entities.--
       ``(1) In general.--Beginning on the date that is 30 days 
     after the date of the enactment of this subsection, amounts 
     provided as project grants under this subchapter may not be 
     used to enter into a contract described in paragraph (2) with 
     any entity on the list required by paragraph (3).
       ``(2) Contract described.--A contract described in this 
     paragraph is a contract or other agreement for the 
     procurement of infrastructure or equipment for a passenger 
     boarding bridge at an airport.
       ``(3) List required.--
       ``(A) In general.--Not later than 30 days after the date of 
     the enactment of this section, and thereafter as required by 
     subparagraphs (B) and (C), the Administrator of the Federal 
     Aviation Administration shall, based on information provided 
     by the United States Trade Representative and the Attorney 
     General, make available to the public a list of entities 
     that--
       ``(i)(I) are owned or controlled by, or receive subsidies 
     from, the government of a country--

       ``(aa) identified by the Trade Representative under 
     subsection (a)(1) of section 182 of the Trade Act of 1974 (19 
     U.S.C. 2242) in the most recent report required by that 
     section; and
       ``(bb) subject to monitoring by the Trade Representative 
     under section 306 of the Trade Act of 1974 (19 U.S.C. 2416); 
     and

       ``(II) have been determined by a Federal court to have 
     misappropriated intellectual property or trade secrets from 
     an entity organized under the laws of the United States or 
     any jurisdiction within the United States; or
       ``(ii) own or control, are owned or controlled by, are 
     under common ownership or control with, or are successors to, 
     an entity described in clause (i).
       ``(B) Updates to list.--The Administrator shall update the 
     list required by subparagraph (A), based on information 
     provided by the Trade Representative and the Attorney 
     General--

[[Page S3526]]

       ``(i) not less frequently than every 90 days during the 
     180-day period following the initial publication of the list 
     under subparagraph (A); and
       ``(ii) not less frequently than annually during the 5-year 
     period following the 180-day period described in clause (i).
       ``(C) Continuation of requirement to update list.--
       ``(i) In general.--Not later than the end of the 5-year 
     period described in subparagraph (B)(ii), the Administrator 
     shall make a determination with respect to whether continuing 
     to update the list required by subparagraph (A) is necessary 
     to carry out this subsection.
       ``(ii) Effect of determination that updates are 
     necessary.--If the Administrator determines under clause (i) 
     that continuing to update the list required by subparagraph 
     (A) is necessary, the Administrator shall continue to update 
     the list, based on information provided by the Trade 
     Representative and the Attorney General, not less frequently 
     than annually.
       ``(iii) Effect of determination that updates are not 
     necessary.--If the Administrator determines under clause (i) 
     that continuing to update the list required by subparagraph 
     (A) is not necessary, the Administrator shall, not later than 
     90 days after making the determination, submit to Congress a 
     report on the determination and the reasons for the 
     determination.''.
                                 ______
                                 
  SA 2089. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. BRIEFING TO THE GOVERNMENT OF INDIA ON FIFTH-
                   GENERATION FIGHTER JETS AND REPORT TO CONGRESS 
                   ON UNITED STATES-INDIA DEFENSE COOPERATION.

       (a) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     provide to the Government of India a briefing on the fifth-
     generation fighter jet program of the United States.
       (b) Report to Congress.--Not later than 90 days after the 
     date of the briefing required by subsection (a), the 
     Secretary shall provide to Congress a report on the topics 
     covered in the briefing and recommendations for increasing 
     cooperation between the United States and India as India 
     develops its own fifth-generation fighter jet.
                                 ______
                                 
  SA 2090. Mr. CORNYN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. __. ELIGIBILITY FOR FOREIGN MILITARY SALES AND EXPORT 
                   STATUS UNDER ARMS EXPORT CONTROL ACT.

       The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 
     amended--
       (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
     21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 
     36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting 
     ``India,'' before ``or New Zealand'' each place it appears;
       (2) in section 3(b)(2), by inserting ``the Government of 
     India,'' before ``or the Government of New Zealand''; and
       (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting 
     ``India,'' before ``or Israel'' each place it appears.
                                 ______
                                 
  SA 2091. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:

     SEC. ___. CENTRAL AMERICA STRATEGY.

       (a) Short Title.--This section may be cited as the 
     ``Central America Strategy Act of 2020''.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (4) the Select Committee on Intelligence of the Senate;
       (5) the Committee on the Judiciary of the Senate;
       (6) the Committee on Finance of the Senate;
       (7) the Committee on Appropriations of the Senate;
       (8) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (9) the Caucus on International Narcotics Control of the 
     Senate;
       (10) the Committee on Foreign Affairs of the House of 
     Representatives;
       (11) the Committee on Armed Services of the House of 
     Representatives;
       (12) the Committee on Homeland Security of the House of 
     Representatives;
       (13) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (14) the Committee on the Judiciary of the House of 
     Representatives;
       (15) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (16) the Committee on Appropriations of the House of 
     Representatives.
       (c) Strategy.--
       (1) Development.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Homeland Security, the 
     Secretary of Defense, the Director of National Intelligence, 
     the Attorney General, the Secretary of Commerce, the 
     Administrator of the United States Agency for International 
     Development, the Director of the Office of National Drug 
     Control Policy, the Chief Executive Officer of the 
     Development Finance Corporation, and the Chief Executive 
     Officer of the Millennium Challenge Corporation shall 
     develop, consistent with the safeguards protecting certain 
     national security information from unauthorized disclosure, 
     and submit to the appropriate congressional committees a 
     strategy for--
       (A) reducing the flow of narcotics into the United States 
     and combating the influence of transnational criminal 
     organizations through law enforcement and cooperation with 
     international partners;
       (B) strengthening democratic institutions, the rule of law, 
     anti-corruption policies, and human rights efforts in Central 
     America; and
       (C) curtailing unauthorized immigration to the United 
     States by addressing the root causes of migration in Central 
     America.
       (2) Activities.--The strategy developed under this 
     subsection shall include--
       (A) supporting anti-corruption efforts that strengthen the 
     capacities of law enforcement, the justice sector, and 
     financial institutions;
       (B) establishing and reinforcing regional counternarcotics 
     trafficking initiatives to interdict flow of narcotics, 
     including cocaine, fentanyl, and fentanyl precursors and 
     analogs, being smuggled into the United States;
       (C) establishing a multilateral Commission Against Illicit 
     Opioids, Narcotics, and International Organized Crime among 
     the United States, Mexico, and countries in Central America 
     and South America to regularly review the results of enhanced 
     law enforcement and justice cooperation;
       (D) creating a regional Commission for the Northern 
     Triangle to coordinate anti-corruption initiatives that 
     strengthen domestic institutions and provide technical 
     assistance to local prosecutors;
       (E) supporting national, local, and community-based crime 
     and violence prevention efforts;
       (F) assessing port security and opportunities to promote 
     trade through enhanced partnership, leadership training, 
     technology modernization, and trusted trader programs;
       (G) establishing and reinforcing reintegration programs for 
     repatriated persons that reduce the likelihood for repeated 
     unauthorized migration to the United States;
       (H) developing a market-based approach to investment and 
     development that identifies opportunities for private 
     investment and roles for the United States International 
     Development Finance Corporation, the Millennium Challenge 
     Corporation, and the United States Agency for International 
     Development;
       (I) promoting the establishment and supervision of 
     effective tax collection and enforcement systems;
       (J) identifying opportunities for regional and 
     international partnerships;
       (K) providing a comprehensive assessment of the current 
     sanctions regime and making recommendations for the most 
     efficient use of sanctions to deter corruption, insecurity, 
     and the key drivers of migration;
       (L) assessing the resources necessary to promote the 
     strategy; and
       (M) providing legislative recommendations that are 
     necessary to implement the strategy.
       (d) Report.--In conjunction with the submission of the 
     strategy under subsection (c), the Secretary of State shall 
     submit a comprehensive report to the appropriate 
     congressional committees that--
       (1) identifies all United States aid programs benefitting 
     Central American countries;
       (2) indicates which of these programs are consistent with 
     the strategy under subsection (c);
       (3) provides measurable outcomes regarding the progress 
     made by each such program; and

[[Page S3527]]

       (4) includes recommendations regarding which of these 
     programs should be maintained, modified, or eliminated.
                                 ______
                                 
  SA 2092. Mr. CORNYN (for himself, Ms. Duckworth, and Ms. Ernst) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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 VI, add the following:

     SEC. ___. CONTINUATION OF PAID PARENTAL LEAVE UPON DEATH OF 
                   CHILD.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall amend the 
     regulations prescribed pursuant to subsections (i) and (j) of 
     section 701 of title 10, United States Code, to provide that 
     the eligibility of primary and secondary caregivers for paid 
     parental leave that has already been approved shall not 
     terminate upon the death of the child for whom such leave is 
     taken.
                                 ______
                                 
  SA 2093. Mr. CORNYN (for himself and Mr. Cotton) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 appropriate place, insert the following:

     SEC. __. JAIME ZAPATA AND VICTOR AVILA FEDERAL LAW 
                   ENFORCEMENT PROTECTION ACT.

       (a) Short Title.--This section may be cited as the ``Jaime 
     Zapata and Victor Avila Federal Law Enforcement Protection 
     Act''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) for decades--
       (A) officers and employees of the United States Government 
     have dutifully and faithfully served the United States at 
     home and abroad, including in situations that place them at 
     serious risk of harm;
       (B) Federal law has reflected strong Federal interest in 
     promoting the efforts of the United States Government 
     overseas and protecting those officers and employees serving 
     abroad by ensuring that the United States Government could 
     prosecute any individuals, including drug traffickers and 
     terrorists, who have harmed or attempted to harm Federal 
     officers and employees while the officers and employees are 
     engaged in or on account of the performance of their official 
     duties internationally; and
       (C) Federal courts, including the United States Court of 
     Appeals for the Second Circuit, the United States Court of 
     Appeals for the Ninth Circuit, and the United States Court of 
     Appeals for the Eleventh Circuit, have correctly interpreted 
     section 1114 of title 18, United States Code, to apply 
     extraterritorially to protect officers and employees of the 
     United States while the officers and employees are serving 
     abroad;
       (2) recently, in a case involving a violent attack by 
     members of a violent drug cartel against Federal law 
     enforcement officers Jaime Zapata and Victor Avila, who were 
     engaged in and performing official duties in Mexico, a 
     Federal court concluded that Congress failed to expressly 
     declare that section 1114 of title 18, United States Code, 
     applies extraterritorially; and
       (3) Congress can and should make clear that section 1114 of 
     title 18, United States Code, applies extraterritorially.
       (c) Protection of Officers and Employees of the United 
     States.--Section 1114 of title 18, United States Code, is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``Whoever''; 
     and
       (2) by adding at the end the following:
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over the conduct prohibited by 
     this section.''.
                                 ______
                                 
  SA 2094. Mrs. FISCHER submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. ____. SUPPORT AND ENHANCEMENT OF DEFENSE CRITICAL 
                   ELECTRIC INFRASTRUCTURE.

       (a) Assistance to Owners and Operators.--
       (1) In general.--Subject to the availability of funds 
     provided in any appropriations Act enacted on or after the 
     date of enactment of this Act, the Secretary of Energy may 
     use those funds to assist owners and operators of defense 
     critical electric infrastructure (as defined in section 
     215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a))) in 
     planning or installing, for a purpose described in paragraph 
     (2)--
       (A) new generation, transmission, and distribution assets; 
     or
       (B) resiliency upgrades to existing generation, 
     transmission, and distribution assets.
       (2) Purposes described.--A purpose referred to in paragraph 
     (1) is--
       (A) to enhance the power supply for a critical defense 
     facility designated by the Secretary under section 215A(c) of 
     the Federal Power Act (16 U.S.C. 824o-1(c)), including with 
     respect to generation, transmission, and distribution, as 
     applicable; or
       (B) to improve the resilience of the applicable defense 
     critical electric infrastructure against--
       (i) physical threats;
       (ii) cyber threats;
       (iii) threats posed by extreme weather events or natural 
     disasters, such as hurricanes, tornadoes, floods, and 
     wildfires; or
       (iv) other threats similar or closely related to the 
     threats described in clauses (i) through (iii), as determined 
     by the Secretary of Energy.
       (3) Annual report.--Beginning with fiscal year 2021, the 
     Secretary of Energy shall submit to the Committees on Armed 
     Services and Energy and Natural Resources of the Senate and 
     the Committees on Armed Services and Energy and Commerce of 
     the House of Representatives an annual report, in classified 
     form, describing each project planned, executed, or completed 
     with assistance provided under paragraph (1).
       (b) Duration of Critical Electric Infrastructure 
     Information Designation.--
       (1) In general.--Section 215A(d) of the Federal Power Act 
     (16 U.S.C. 824o-1(d)) is amended--
       (A) by striking paragraph (9); and
       (B) by redesignating paragraphs (10) and (11) as paragraphs 
     (9) and (10), respectively.
       (2) Application to existing designations.--Any information 
     designated as critical electric infrastructure information 
     under section 215A of the Federal Power Act (16 U.S.C. 824o-
     1) as of the date of enactment of this Act, including any 
     information designated as critical electric infrastructure 
     information for a period of not more than 5 years, shall 
     retain that designation until--
       (A) the Secretary of Energy or the Federal Energy 
     Regulatory Commission, as applicable, removes the designation 
     in accordance with subsection (d)(9) of that section (as 
     redesignated by paragraph (1)(B)); or
       (B) a court determines that the information was improperly 
     designated as critical electric infrastructure information 
     under subsection (d)(10) of that section (as redesignated by 
     paragraph (1)(B)).
                                 ______
                                 
  SA 2095. Mr. PERDUE (for himself, Mrs. Loeffler, and Mr. Johnson) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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. ___. REMOVING LEGAL BARRIERS RELATING TO COOPERATING 
                   WITH THE FEDERAL GOVERNMENT DURING TIMES OF 
                   EMERGENCY OR TO PROMOTE NATIONAL SECURITY.

       (a) Definitions.--In this section:
       (1) Authorized official.--The term ``authorized official'' 
     means--
       (A) the President;
       (B) the head of a responsible Federal department or agency 
     (including the Secretary of Energy, the Secretary of Homeland 
     Security, the Secretary of Defense, the Attorney General, and 
     the Director of National Intelligence); or
       (C) a designee of an officer described in subparagraph (A) 
     or (B).
       (2) Covered activity.--The term ``covered activity'' means 
     any action taken, or refrained from being taking, by a 
     covered entity pursuant to a covered order.
       (3) Covered entity.--
       (A) In general.--The term ``covered entity'' means a 
     Federal, State, local, Tribal, or territorial entity or any 
     entity (including a parent, subsidiary, owner, operator, or 
     member of the entity) that owns or operates critical 
     infrastructure, including an entity in one of the following 
     sectors, as identified in Presidential Policy Directive-21, 
     or any successor thereto:
       (i) Communications.
       (ii) Energy.
       (iii) Transportation Systems.
       (iv) Water and Wastewater Systems.
       (B) Exclusions.--The term ``covered entity'' does not 
     include--
       (i) a foreign person a transaction of which--

       (I) is under review or investigation by the Committee on 
     Foreign Investment in the United States under section 721 of 
     the Defense Production Act of 1950 (50 U.S.C. 4565); or
       (II) has been suspended or prohibited by the President 
     following such a review or investigation; or

[[Page S3528]]

       (ii) an entity subject to an exclusion or removal order 
     under subchapter III of chapter 14 of title 41, United States 
     Code.
       (4) Covered order.--The term ``covered order'' means an 
     order to a covered entity made in writing by an authorized 
     official in order to respond to--
       (A) an emergency or threat relating to cybersecurity or 
     physical security; or
       (B) any other incident impacting national security.
       (5) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given that term in the 
     Critical Infrastructures Protection Act of 2001 (42 U.S.C. 
     5195c).
       (6) Sector-specific agency.--The term ``Sector-Specific 
     Agency'' has the meaning given that term in section 2201 of 
     the Homeland Security Act of 2002 (6 U.S.C. 651).
       (b) Liability Protection for Covered Entities.--
       (1) In general.--A covered entity shall not be liable in 
     any action in any Federal, State, local, or Tribal court or 
     before any Federal, State, local, or Tribal department or 
     agency for harm caused by a covered activity if--
       (A) the covered entity was acting pursuant to and within 
     the scope of the applicable covered order;
       (B) if appropriate or required, the covered entity was 
     properly licensed, certified, or authorized by the 
     appropriate authorities for the activities or practice in the 
     State in which the harm occurred, where the covered 
     activities were or practice was undertaken within the scope 
     of the applicable covered order;
       (C) the harm was not caused by willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the covered entity; and
       (D) the harm was not caused by the covered entity while 
     operating a motor vehicle, vessel, aircraft, or other vehicle 
     for which the State requires the operator or the owner of the 
     vehicle, craft, or vessel to--
       (i) possess an operator's license; or
       (ii) maintain insurance.
       (2) Cause of action barred.--A cause of action alleging a 
     harm for which a covered entity is protected from liability 
     under paragraph (1) shall not lie or be maintained in any 
     Federal, State, local, or Tribal court or before any Federal, 
     State, local, or Tribal department or agency.
       (c) Burden of Proof.--In an action against a covered entity 
     for harm alleged to have been caused by a covered activity of 
     the covered entity, the plaintiff or agency or other entity 
     bringing the action shall have the burden of proving by clear 
     and convincing evidence that--
       (1) the covered entity is not entitled to protection from 
     liability for the covered activity under subsection (b); and
       (2) the action or refraining from taking action by the 
     covered entity caused the alleged harm.
       (d) Coordination or Notification.--
       (1) In general.--If time permits, an authorized official 
     issuing a covered order that is likely to result in covered 
     activity shall issue the covered order in coordination with 
     the appropriate Sector-Specific Agency and the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (2) Notification.--If time does not permit the coordination 
     described in paragraph (1), an authorized official issuing a 
     covered order described in paragraph (1) shall notify the 
     Sector-Specific Agency and the Director of the Cybersecurity 
     and Infrastructure Security Agency regarding the order at the 
     time the covered order is issued.
       (e) Reporting Requirements.--
       (1) Substantial limitations and restrictions.--Not later 
     than 24 hours after receiving a covered order, a covered 
     entity shall submit to the authorized official issuing the 
     covered order written notice if the covered entity determines 
     that there exists a substantial limitation or restriction on 
     the ability of the covered entity to comply with the covered 
     order, which shall describe the nature of the limitation or 
     restriction and, as applicable, any proposed changes to the 
     covered order necessary to enable the covered entity to 
     implement the covered activity.
       (2) Implementation.--
       (A) In general.--Not later than 90 days after implementing 
     a covered activity pursuant to a covered order, a covered 
     entity shall submit to the authorized official issuing the 
     covered order and the Secretary of Homeland Security a 
     written report that outlines--
       (i) the implementation of the covered order by the covered 
     entity;
       (ii) the impact of any covered activity implemented under 
     the covered order in meeting the intent or stated objectives 
     of the covered order;
       (iii) any risks or hazards identified in implementing the 
     covered activity; and
       (iv) steps taken to address identified risks and hazards 
     and protect individual rights and public safety.
       (B) Failure to submit.--If a covered entity fails to submit 
     a report required under subparagraph (A) with respect to a 
     covered order, the covered entity shall not receive 
     protection from liability under subsection (b) for any 
     covered activity implemented under the cover order.
       (f) Availability of Information.--Upon receiving notice or 
     a report under subsection (e), the Federal department or 
     agency that issued the covered order shall determine whether 
     such information should be withheld from public disclosure 
     due to national security reasons or in order to comply with 
     an exemption to section 552(b)(3) of title 5, United States 
     Code.
       (g) Limit on Use of Information.--Information provided to a 
     Federal department or agency under subsection (e) shall not 
     be directly used by any Federal, State, Tribal, or local 
     government to regulate the lawful activities of any entity.
       (h) Savings Clauses.--
       (1) Applicable law.--Nothing in this section affects a 
     public liability action covered by section 170 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the 
     ``Price-Anderson Act'').
       (2) Available defenses.--Nothing in this section undermines 
     or limits the availability of any applicable common law or 
     statutory defense available to a covered entity.
       (i) No New Authority.--Nothing in this section creates any 
     new authorities for any Federal department or agency.
                                 ______
                                 
  SA 2096. Mr. PERDUE (for himself and Mrs. Loeffler) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 847. PROHIBITION ON SALE BY E-COMMERCE PORTAL PROVIDER 
                   OF PRODUCTS MANUFACTURED OR DEVELOPED BY SUCH 
                   PROVIDER.

       Section 846(e) of the National Defense Authorization Act 
     for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901 note) 
     is amended--
       (1) in the subsection heading, by striking ``Information on 
     Suppliers'' and inserting ``Suppliers''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Limitation.--A commercial e-commerce portal provider 
     awarded a contract pursuant to subsection (a) may not sell a 
     commercial product manufactured or developed by such provider 
     (or a subsidiary of such provider) on the commercial e-
     commerce portal of such provider.''.
                                 ______
                                 
  SA 2097. Mr. PERDUE (for himself and Mrs. Loeffler) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 X, add the following:

     SEC. 10____. JIMMY CARTER NATIONAL HISTORICAL PARK.

       (a) In General.--The Jimmy Carter National Historic Site 
     shall be known and designated as the ``Jimmy Carter National 
     Historical Park''.
       (b) Amendments to Public Law 100-206.--Public Law 100-206 
     (54 U.S.C. 320101 note; 101 Stat. 1434) is amended--
       (1) in section 1(a), in the matter preceding paragraph (1), 
     by striking ``National Historic Site'' and inserting 
     ``National Historical Park'';
       (2) in section 3--
       (A) in subsection (a), by striking ``provisions of law 
     generally applicable to national historic sites'' and 
     inserting ``provisions of law generally applicable to units 
     of the National Park System''; and
       (B) in subsection (d), in the second sentence, by striking 
     ``National Historic Site'' and inserting ``National 
     Historical Park'';
       (3) in section 6(2), by striking ``National Historic Site'' 
     and inserting ``National Historical Park'';
       (4) by striking ``historic site'' each place it appears and 
     inserting ``historical park'';
       (5) by striking ``historic site'' each place it appears and 
     inserting ``historical park''; and
       (6) by striking ``Historic Site'' each place it appears and 
     inserting ``Historical Park''.
       (c) References.--Any reference in any law, regulation, 
     document, record, map, or other paper of the United States to 
     the Jimmy Carter National Historic Site shall be considered 
     to be a reference to the ``Jimmy Carter National Historical 
     Park''.
                                 ______
                                 
  SA 2098. Mr. PERDUE (for himself, Ms. Sinema, Mr. King, and Mrs. 
Loeffler) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. CYBERSECURITY ADVISORY COMMITTEE.

       (a) Short Title.--This section may be cited as the 
     ``Cybersecurity Advisory Committee Authorization Act of 
     2020''.

[[Page S3529]]

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

     ``SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE.

       ``(a) Establishment.--The Secretary shall establish within 
     the Agency a Cybersecurity Advisory Committee (referred to in 
     this section as the `Advisory Committee').
       ``(b) Duties.--
       ``(1) In general.--The Advisory Committee shall advise, 
     consult with, report to, and make recommendations to the 
     Director, as appropriate, on the development, refinement, and 
     implementation of policies, programs, planning, and training 
     pertaining to the cybersecurity mission of the Agency.
       ``(2) Recommendations.--
       ``(A) In general.--The Advisory Committee shall develop, at 
     the request of the Director, recommendations for improvements 
     to advance the cybersecurity mission of the Agency and 
     strengthen the cybersecurity of the United States.
       ``(B) Recommendations of subcommittees.--Recommendations 
     agreed upon by subcommittees established under subsection (d) 
     for any year shall be approved by the Advisory Committee 
     before the Advisory Committee submits to the Director the 
     annual report under paragraph (4) for that year.
       ``(3) Periodic reports.--The Advisory Committee shall 
     periodically submit to the Director--
       ``(A) reports on matters identified by the Director; and
       ``(B) reports on other matters identified by a majority of 
     the members of the Advisory Committee.
       ``(4) Annual report.--
       ``(A) In general.--The Advisory Committee shall submit to 
     the Director an annual report providing information on the 
     activities, findings, and recommendations of the Advisory 
     Committee, including its subcommittees, for the preceding 
     year.
       ``(B) Publication.--Not later than 180 days after the date 
     on which the Director receives an annual report for a year 
     under subparagraph (A), the Director shall publish a public 
     version of the report describing the activities of the 
     Advisory Committee and such related matters as would be 
     informative to the public during that year, consistent with 
     section 552(b) of title 5, United States Code.
       ``(5) Feedback.--Not later than 90 days after receiving any 
     recommendation submitted by the Advisory Committee under 
     paragraph (2), (3), or (4), the Director shall respond in 
     writing to the Advisory Committee with feedback on the 
     recommendation. Such a response shall include--
       ``(A) with respect to any recommendation with which the 
     Director concurs, an action plan to implement the 
     recommendation; and
       ``(B) with respect to any recommendation with which the 
     Director does not concur, a justification for why the 
     Director does not plan to implement the recommendation.
       ``(6) Congressional notification.--Not less frequently than 
     once per year after the date of enactment of this section, 
     the Director shall provide to the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Appropriations of the Senate and the Committee on Homeland 
     Security and the Committee on Appropriations of the House of 
     Representatives a briefing on feedback from the Advisory 
     Committee.
       ``(7) Governance rules.--The Director shall establish rules 
     for the structure and governance of the Advisory Committee 
     and all subcommittees established under subsection (d).
       ``(c) Membership.--
       ``(1) Appointment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Cybersecurity Advisory Committee 
     Authorization Act of 2020, the Director shall appoint the 
     members of the Advisory Committee.
       ``(B) Composition.--The membership of the Advisory 
     Committee shall consist of not more than 35 individuals.
       ``(C) Representation.--
       ``(i) In general.--The membership of the Advisory Committee 
     shall--

       ``(I) consist of subject matter experts;
       ``(II) be geographically balanced; and
       ``(III) include representatives of State, local, and Tribal 
     governments and of a broad range of industries, which may 
     include the following:

       ``(aa) Defense.
       ``(bb) Education.
       ``(cc) Financial services and insurance.
       ``(dd) Healthcare.
       ``(ee) Manufacturing.
       ``(ff) Media and entertainment.
       ``(gg) Chemicals.
       ``(hh) Retail.
       ``(ii) Transportation.
       ``(jj) Energy.
       ``(kk) Information Technology.
       ``(ll) Communications.
       ``(mm) Other relevant fields identified by the Director.
       ``(ii) Prohibition.--Not less than 1 member nor more than 3 
     members may represent any 1 category under clause (i)(III).
       ``(iii) Publication of membership list.--The Advisory 
     Committee shall publish its membership list on a publicly 
     available website not less than once per fiscal year and 
     shall update the membership list as changes occur.
       ``(2) Term of office.--
       ``(A) Terms.--The term of each member of the Advisory 
     Committee shall be 2 years, except that a member may continue 
     to serve until a successor is appointed.
       ``(B) Removal.--The Director may review the participation 
     of a member of the Advisory Committee and remove such member 
     any time at the discretion of the Director.
       ``(C) Reappointment.--A member of the Advisory Committee 
     may be reappointed for an unlimited number of terms.
       ``(3) Prohibition on compensation.--The members of the 
     Advisory Committee may not receive pay or benefits from the 
     United States Government by reason of their service on the 
     Advisory Committee.
       ``(4) Meetings.--
       ``(A) In general.--The Director shall require the Advisory 
     Committee to meet not less frequently than semiannually, and 
     may convene additional meetings as necessary.
       ``(B) Public meetings.--At least one of the meetings 
     referred to in subparagraph (A) shall be open to the public.
       ``(C) Attendance.--The Advisory Committee shall maintain a 
     record of the persons present at each meeting.
       ``(5) Member access to classified information.--
       ``(A) In general.--Not later than 60 days after the date on 
     which a member is first appointed to the Advisory Committee 
     and before the member is granted access to any classified 
     information, the Director shall determine, for the purposes 
     of the Advisory Committee, if the member should be restricted 
     from reviewing, discussing, or possessing classified 
     information.
       ``(B) Access.--Access to classified materials shall be 
     managed in accordance with Executive Order No. 13526 of 
     December 29, 2009 (75 Fed. Reg. 707), or any subsequent 
     corresponding Executive Order.
       ``(C) Protections.--A member of the Advisory Committee 
     shall protect all classified information in accordance with 
     the applicable requirements for the particular level of 
     classification of such information.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall be construed to affect the security clearance of a 
     member of the Advisory Committee or the authority of a 
     Federal agency to provide a member of the Advisory Committee 
     access to classified information.
       ``(6) Chairperson.--The Advisory Committee shall select, 
     from among the members of the Advisory Committee--
       ``(A) a member to serve as chairperson of the Advisory 
     Committee; and
       ``(B) a member to serve as chairperson of each subcommittee 
     of the Advisory Committee established under subsection (d).
       ``(d) Subcommittees.--
       ``(1) In general.--The Director shall establish 
     subcommittees within the Advisory Committee to address 
     cybersecurity issues, which may include the following:
       ``(A) Information exchange.
       ``(B) Critical infrastructure.
       ``(C) Risk management.
       ``(D) Public and private partnerships.
       ``(2) Meetings and reporting.--Each subcommittee shall meet 
     not less frequently than semiannually, and submit to the 
     Advisory Committee for inclusion in the annual report 
     required under subsection (b)(4) information, including 
     activities, findings, and recommendations, regarding subject 
     matter considered by the subcommittee.
       ``(3) Subject matter experts.--The chair of the Advisory 
     Committee shall appoint members to subcommittees and shall 
     ensure that each member appointed to a subcommittee has 
     subject matter expertise relevant to the subject matter of 
     the subcommittee.''.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 2214 the following:

``Sec. 2215. Cybersecurity Advisory Committee.''.
                                 ______
                                 
  SA 2099. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. FEDERAL MATCHING FUNDS TO STATE INCENTIVES.

       (a) Definitions.--In this section--
       (1) the term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, and the Committee on Homeland 
     Security of the House of Representatives;
       (2) the term ``covered entity'' means a private entity to 
     which a governmental entity has offered a covered incentive;
       (3) the term ``covered incentive''--

[[Page S3530]]

       (A) means an incentive offered by a governmental entity to 
     a private entity for the purposes of building within the 
     jurisdiction of the governmental entity, or expanding an 
     existing facility within that jurisdiction--
       (i) a fabrication (or other essential) facility relating to 
     the manufacturing of current or next generation 
     semiconductors; or
       (ii) any other facility that enables the manufacturing of 
     current or next generation semiconductors or the assembly, 
     testing, and packaging of current or next generation 
     semiconductors; and
       (B) includes any tax incentive (such as an incentive or 
     reduction with respect to employment or payroll taxes or a 
     tax abatement with respect to personal or real property), a 
     workforce-related incentive (including a grant agreement 
     relating to workforce training or vocational education), any 
     concession with respect to real property, and any other 
     incentive determined appropriate by the Secretary, in 
     consultation with the Secretary of State;
       (4) the term ``governmental entity'' means a State or local 
     government; and
       (5) the term ``Secretary'' means the Secretary of Commerce.
       (b) Matching Funds.--
       (1) In general.--The Secretary shall establish in the 
     Department of Commerce a program that, in accordance with the 
     requirements of this section, provides matching funds to 
     covered entities.
       (2) Procedure.--
       (A) In general.--A covered entity that has been offered a 
     covered incentive and that desires to receive matching funds 
     under this subsection shall submit to the Secretary an 
     application that describes the project to which that covered 
     incentive relates.
       (B) Considerations for review.--With respect to the review 
     by the Secretary of an application submitted by a covered 
     entity under subparagraph (A)--
       (i) the Secretary may not approve the application unless 
     the Secretary--

       (I) confirms that the covered entity has agreed to build or 
     expand in the applicable jurisdiction a facility described in 
     subsection (a)(3)(A); and
       (II) determines that building or expanding the facility 
     described in subclause (I) is in the interest of the United 
     States; and

       (ii) the Secretary may consider whether--

       (I) the covered entity has previously received a grant made 
     under this subsection;
       (II) the applicable governmental entity has benefitted from 
     a grant previously made under this subsection; and
       (III) the covered entity is located in a State that has a 
     per capita income that is not greater than the per capita 
     income of the United States.

       (3) Priority.--In carrying out this subsection, the 
     Secretary shall, to the maximum extent practicable, ensure 
     that the Secretary approves not less than 1 application with 
     respect to building or expanding a facility that enables the 
     assembly, testing, and packaging of current or next 
     generation semiconductors.
       (4) Amount.--The amount of matching funds provided by the 
     Secretary to a covered entity under this subsection shall be 
     in an amount that is not less than the value of the 
     applicable covered incentive offered to the covered entity, 
     as determined by the Secretary.
       (5) Clawback.--The Secretary shall recover the full amount 
     of matching funds provided to a covered entity under this 
     subsection if--
       (A) as of the date that is 5 years after the date on which 
     the Secretary provides the funds, the applicable project to 
     which the applicable covered incentive relates has not been 
     completed, except that the Secretary may issue a waiver with 
     respect to the requirement under this subparagraph if the 
     Secretary determines that issuing such a waiver is 
     appropriate and in the interests of the United States; or
       (B) during the applicable term with respect to those funds, 
     the covered entity engages in any joint research or 
     technology licensing effort--
       (i) with the Government of the People's Republic of China, 
     the Government of the Russian Federation, the Government of 
     Iran, or the Government of North Korea; and
       (ii) that relates to a sensitive technology or product, as 
     determined by the Secretary.
       (c) Consultation and Coordination Required.--In carrying 
     out the program established under subsection (b), the 
     Secretary shall consult and coordinate with the Secretary of 
     State.
       (d) GAO Reviews.--The Comptroller General of the United 
     States shall--
       (1) not later than 2 years after the date of enactment of 
     this Act, and biennially thereafter until the date that is 10 
     years after that date of enactment, conduct a review of the 
     program established under subsection (b), which shall include 
     a determination of the number of instances in which matching 
     funds were provided under that subsection during the period 
     covered by the review in violation of a requirement under 
     this section; and
       (2) submit to the appropriate committees of Congress the 
     results of each review conducted under paragraph (1).
       (e) Direct Appropriation.--
       (1) In general.--There is appropriated to the Secretary, 
     out of any money in the Treasury not otherwise appropriated, 
     $10,000,000,000 to carry out this section, to remain 
     available until expended.
       (2) Emergency requirement.--The amount provided by 
     paragraph (1) is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
                                 ______
                                 
  SA 2100. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 1085. FUNDING FOR DEVELOPMENT AND ADOPTION OF SECURE 
                   MICROELECTRONICS AND SECURE MICROELECTRONICS 
                   SUPPLY CHAINS.

       (a) Multilateral Microelectronics Security Fund.--
       (1) Establishment of fund.--There is established in the 
     Treasury of the United States a trust fund, to be known as 
     the ``Multilateral Microelectronics Security Fund'' (in this 
     section referred to as the ``Fund''), consisting of amounts 
     deposited into the Trust Fund under paragraph (2) and any 
     amounts that may be credited to the Trust Fund under 
     paragraph (3).
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $750,000,000 to be deposited in the Fund.
       (3) Investment of amounts.--
       (A) Investment of amounts.--The Secretary of the Treasury 
     shall invest such portion of the Fund as is not required to 
     meet current withdrawals in interest-bearing obligations of 
     the United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       (B) Interest and proceeds.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Fund shall be credited to and form a part of the Fund.
       (4) Use of fund.--
       (A) In general.--Subject to subparagraph (B), amounts in 
     the Fund shall be available, as provided in advance in an 
     appropriations Act, to the Secretary of State--
       (i) to provide funding through the common funding mechanism 
     described in subsection (b)(1) to support the development and 
     adoption of secure microelectronics and secure 
     microelectronics supply chains; and
       (ii) to otherwise carry out this section.
       (B) Availability contingent on international agreement.--
     Amounts in the Fund shall be available to the Secretary of 
     State on and after the date on which the Secretary enters 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism under paragraph (1) of subsection (b) and 
     the commitments described in paragraph (2) of that 
     subsection.
       (5) Availability of amounts.--
       (A) In general.--Amounts in the Fund shall remain available 
     through the end of the tenth fiscal year beginning after the 
     date of the enactment of this Act.
       (B) Remainder to treasury.--Any amounts remaining in the 
     Fund after the end of the fiscal year described in 
     subparagraph (A) shall be deposited in the general fund of 
     the Treasury.
       (b) Common Funding Mechanism for Development and Adoption 
     of Secure Microelectronics and Secure Microelectronics Supply 
     Chains.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of the 
     Treasury, and the Director of National Intelligence, shall 
     seek to establish a common funding mechanism, in coordination 
     with the governments of countries that are partners of the 
     United States, that uses amounts from the Fund, and amounts 
     committed by such governments, to support the development and 
     adoption of secure microelectronics and secure 
     microelectronics supply chains, including for use in research 
     and development collaborations among countries participating 
     in the common funding mechanism.
       (2) Mutual commitments.--The Secretary of State, in 
     consultation with the United States Trade Representative and 
     the Secretary of Commerce, shall seek to negotiate a set of 
     mutual commitments with the governments of countries that are 
     partners of the United States upon which to condition any 
     expenditure of funds pursuant to the common funding mechanism 
     described in paragraph (1). Such commitments shall, at a 
     minimum--
       (A) establish transparency requirements for any subsidies 
     or other financial benefits (including revenue foregone) 
     provided to microelectronics firms located in or outside such 
     countries;
       (B) establish consistent policies with respect to countries 
     that--
       (i) are not participating in the common funding mechanism; 
     and
       (ii) do not meet transparency requirements established 
     under subparagraph (A);
       (C) promote harmonized treatment of microelectronics and 
     verification processes for items being exported to a country 
     considered a national security risk by a country 
     participating in the common funding mechanism;

[[Page S3531]]

       (D) establish a consistent policies and common external 
     policies to address nonmarket economies as the behavior of 
     such countries pertains to microelectronics; and
       (E) align policies on supply chain integrity and 
     microelectronics security, including with respect to 
     protection and enforcement of intellectual property rights.
       (c) Annual Report to Congress.--Not later than one year 
     after the date of the enactment of this Act, and annually 
     thereafter for each fiscal year during which amounts in the 
     Fund are available under subsection (a)(3), the Secretary of 
     State shall submit to Congress a report on the status of the 
     implementation of this section that includes a description 
     of--
       (1) any commitments made by the governments of countries 
     that are partners of the United States to providing funding 
     for the common funding mechanism described in subsection 
     (b)(1) and the specific amount so committed;
       (2) the criteria established for expenditure of funds 
     through the common funding mechanism;
       (3) how, and to whom, amounts have been expended from the 
     Fund;
       (4) amounts remaining in the Fund;
       (5) the progress of the Secretary of State toward entering 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism and the commitments described in subsection 
     (b)(2); and
       (6) any additional authorities needed to enhance the 
     effectiveness of the Fund in achieving the security goals of 
     the United States.
                                 ______
                                 
  SA 2101. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 H--Semiconductor Manufacturing Incentives

     SEC. 1091. FEDERAL MATCHING FUNDS TO STATE INCENTIVES.

       (a) Definitions.--In this section--
       (1) the term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, and the Committee on Homeland 
     Security of the House of Representatives;
       (2) the term ``covered entity'' means a private entity to 
     which a governmental entity has offered a covered incentive;
       (3) the term ``covered incentive''--
       (A) means an incentive offered by a governmental entity to 
     a private entity for the purposes of building within the 
     jurisdiction of the governmental entity, or expanding an 
     existing facility within that jurisdiction--
       (i) a fabrication (or other essential) facility relating to 
     the manufacturing of current or next generation 
     semiconductors; or
       (ii) any other facility that enables the manufacturing of 
     current or next generation semiconductors or the assembly, 
     testing, and packaging of current or next generation 
     semiconductors; and
       (B) includes any tax incentive (such as an incentive or 
     reduction with respect to employment or payroll taxes or a 
     tax abatement with respect to personal or real property), a 
     workforce-related incentive (including a grant agreement 
     relating to workforce training or vocational education), any 
     concession with respect to real property, and any other 
     incentive determined appropriate by the Secretary, in 
     consultation with the Secretary of State;
       (4) the term ``governmental entity'' means a State or local 
     government; and
       (5) the term ``Secretary'' means the Secretary of Commerce.
       (b) Matching Funds.--
       (1) In general.--The Secretary shall establish in the 
     Department of Commerce a program that, in accordance with the 
     requirements of this section, provides matching funds to 
     covered entities.
       (2) Procedure.--
       (A) In general.--A covered entity that has been offered a 
     covered incentive and that desires to receive matching funds 
     under this subsection shall submit to the Secretary an 
     application that describes the project to which that covered 
     incentive relates.
       (B) Considerations for review.--With respect to the review 
     by the Secretary of an application submitted by a covered 
     entity under subparagraph (A)--
       (i) the Secretary may not approve the application unless 
     the Secretary--

       (I) confirms that the covered entity has agreed to build or 
     expand in the applicable jurisdiction a facility described in 
     subsection (a)(3)(A); and
       (II) determines that building or expanding the facility 
     described in subclause (I) is in the interest of the United 
     States; and

       (ii) the Secretary may consider whether--

       (I) the covered entity has previously received a grant made 
     under this subsection; and
       (II) the applicable governmental entity has benefitted from 
     a grant previously made under this subsection.
       (III) the entity is located in a state with a per capita 
     income that is equal to or below the national average.

       (3) Priority.--In carrying out this subsection, the 
     Secretary shall, to the maximum extent practicable, ensure 
     that the Secretary approves not less than 1 application with 
     respect to building or expanding a facility that enables the 
     assembly, testing, and packaging of current or next 
     generation semiconductors.
       (4) Amount.--The amount of matching funds provided by the 
     Secretary to a covered entity under this subsection shall be 
     in an amount that is not less than the value of the 
     applicable covered incentive offered to the covered entity, 
     as determined by the Secretary.
       (5) Clawback.--The Secretary shall recover the full amount 
     of matching funds provided to a covered entity under this 
     subsection if--
       (A) as of the date that is 5 years after the date on which 
     the Secretary provides the funds, the applicable project to 
     which the applicable covered incentive relates has not been 
     completed, except that the Secretary may issue a waiver with 
     respect to the requirement under this subparagraph if the 
     Secretary determines that issuing such a waiver is 
     appropriate and in the interests of the United States; or
       (B) during the applicable term with respect to those funds, 
     the covered entity engages in any joint research or 
     technology licensing effort--
       (i) with the Government of the People's Republic of China, 
     the Government of the Russian Federation, the Government of 
     Iran, or the Government of North Korea; and
       (ii) that relates to a sensitive technology or product, as 
     determined by the Secretary.
       (c) Consultation and Coordination Required.--In carrying 
     out the program established under subsection (b), the 
     Secretary shall consult and coordinate with the Secretary of 
     State.
       (d) GAO Reviews.--The Comptroller General of the United 
     States shall--
       (1) not later than 2 years after the date of enactment of 
     this Act, and biennially thereafter until the date that is 10 
     years after that date of enactment, conduct a review of the 
     program established under subsection (b), which shall include 
     a determination of the number of instances in which matching 
     funds were provided under that subsection during the period 
     covered by the review in violation of a requirement under 
     this section; and
       (2) submit to the appropriate committees of Congress the 
     results of each review conducted under paragraph (1).
       (e) Direct Appropriation.--
       (1) In general.--There is appropriated to the Secretary, 
     out of any money in the Treasury not otherwise appropriated, 
     $10,000,000,000 to carry out this section, to remain 
     available until expended.
       (2) Emergency requirement.--The amount provided by 
     paragraph (1) is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

     SEC. 1092. DEPARTMENT OF DEFENSE SUPPORT FOR SEMICONDUCTOR 
                   TECHNOLOGIES AND RELATED TECHNOLOGIES.

       (a) RDT&E Efforts.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Commerce, and the 
     Secretary of Homeland Security work with the private sector 
     through a public-private partnership to incentivize the 
     formation of a consortium of United States companies to 
     ensure the development and production of advanced, measurably 
     secure microelectronics for use by the Department of Defense, 
     the intelligence community, critical infrastructure sectors, 
     and other national security applications. The consortium so 
     formed must be capable of producing microelectronics 
     consistent with security standards required by section 224 of 
     the National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92).
       (2) Discharge.--The Secretary of Defense shall carry out 
     paragraph (1) jointly through the Office of the Under 
     Secretary of Defense for Research and Engineering and the 
     Office of the Under Secretary of Defense for Acquisition and 
     Sustainment, or such other component of the Department of 
     Defense as the Secretary considers appropriate.
       (3) Other initiatives.--The Secretary of Defense shall 
     dedicate initiatives within the Department of Defense to 
     advance radio frequency, mixed signal, radiation tolerant, 
     and radiation hardened microelectronics that support national 
     security and dual-use applications.
       (b) DPA Efforts.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on, and shall commence implementation of, a 
     plan for use by the Department of Defense of authorities 
     available in title III of the Defense Production Act of 1950 
     (50 U.S.C.

[[Page S3532]]

     4531 et seq.) to establish and enhance a domestic production 
     capability for semiconductor technologies and related 
     technologies, if funding is available for that purpose.
       (2) Consultation.--The President shall develop the plan 
     required by paragraph (1) in consultation with the Secretary 
     of Defense, the Secretary of State, the Secretary of 
     Commerce, and appropriate stakeholders in the private sector.

     SEC. 1093. DEPARTMENT OF COMMERCE STUDY ON STATUS OF 
                   SEMICONDUCTOR TECHNOLOGIES IN THE UNITED STATES 
                   INDUSTRIAL BASE.

       (a) In General.--Commencing not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce and the Secretary of Homeland Security shall 
     undertake a survey, using authorities in section 705 of the 
     Defense Production Act (50 U.S.C. 4555), to assess the 
     capabilities of the United States industrial base to support 
     the national defense in light of the global nature of the 
     supply chain and significant interdependencies between the 
     United States industrial base and the industrial base of 
     foreign countries with respect to the manufacture, design, 
     and end use of semiconductors.
       (b) Response to Survey.--The Secretary shall ensure 
     compliance with the survey from among all relevant potential 
     respondents, including the following:
       (1) Corporations, partnerships, associations, or any other 
     organized groups domiciled and with substantial operations in 
     the United States.
       (2) Corporations, partnerships, associations, or any other 
     organized groups domiciled in the United States with 
     operations outside the United States.
       (3) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups with substantial 
     operations or business presence in, or substantial revenues 
     derived from, the United States.
       (4) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups in defense treaty 
     or assistance countries where the production of the entity 
     concerned involves critical technologies covered by section 
     2.
       (c) Information Requested.--The information sought from a 
     responding entity pursuant to the survey required by 
     subsection (a) shall include, at minimum, information on the 
     following with respect to the manufacture. design, or end use 
     of semiconductors by such entity:
       (1) An identification of the geographic scope of 
     operations.
       (2) Information on relevant cost structures.
       (3) An identification of types of semiconductor 
     development, manufacture, assembly, test, and packaging 
     equipment in operation at such entity.
       (4) An identification of all relevant raw materials and 
     semi-finished goods and components sourced domestically and 
     abroad by such entity.
       (5) Specifications of the semiconductors manufactured or 
     designed by such entity, descriptions of the end-uses of such 
     semiconductors, and a description of any technical support 
     provided to end-users of such semiconductors by such entity.
       (6) Information on domestic and export market sales by such 
     entity.
       (7) Information on the financial performance, including 
     income and expenditures, of such entity.
       (8) A list of all foreign and domestic subsidies, and any 
     other financial incentives, received by such entity in each 
     market in which such entity operates.
       (9) A list of information requests from the People's 
     Republic of China to such entity, and a description of the 
     nature of each request and the type of information provided.
       (10) Information on any joint ventures, technology 
     licensing agreements, and cooperative research or production 
     arrangements of such entity.
       (11) A description of efforts by such entity to evaluate 
     and control supply chain risks it faces.
       (12) A list and description of any sales, licensing 
     agreements, or partnerships between such entity and the 
     People's Liberation Army or People's Armed Police, including 
     any business relationships with entities through which such 
     sales, licensing agreements, or partnerships may occur.
       (d) Report.--
       (1) In general.--The Secretary of Commerce shall, in 
     consultation with the Secretary of Defense, and the Secretary 
     of Homeland Security submit to Congress a report on the 
     results of the survey required by subsection (a). The report 
     shall include the following:
       (A) An assessment of the results of the survey.
       (B) A list of critical technology areas impacted by 
     potential disruptions in production of semiconductors, and a 
     detailed description and assessment of the impact of such 
     potential disruptions on such areas.
       (C) A description and assessment of gaps and 
     vulnerabilities in the semiconductor supply chain and the 
     national industrial supply base.
       (2) Form.-- The report required by paragraph (1) may be 
     submitted in classified form.

     SEC. 1094. FUNDING FOR DEVELOPMENT AND ADOPTION OF SECURE 
                   MICROELECTRONICS AND SECURE MICROELECTRONICS 
                   SUPPLY CHAINS.

       (a) Multilateral Microelectronics Security Fund.--
       (1) Establishment of fund.--There is established in the 
     Treasury of the United States a trust fund, to be known as 
     the ``Multilateral Microelectronics Security Fund'' (in this 
     section referred to as the ``Fund''), consisting of amounts 
     deposited into the Trust Fund under paragraph (2) and any 
     amounts that may be credited to the Trust Fund under 
     paragraph (3).
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $750,000,000 to be deposited in the Fund.
       (3) Investment of amounts.--
       (A) Investment of amounts.--The Secretary of the Treasury 
     shall invest such portion of the Fund as is not required to 
     meet current withdrawals in interest-bearing obligations of 
     the United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       (B) Interest and proceeds.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Fund shall be credited to and form a part of the Fund.
       (4) Use of fund.--
       (A) In general.--Subject to subparagraph (B), amounts in 
     the Fund shall be available, as provided in advance in an 
     appropriations Act, to the Secretary of State--
       (i) to provide funding through the common funding mechanism 
     described in subsection (b)(1) to support the development and 
     adoption of secure microelectronics and secure 
     microelectronics supply chains; and
       (ii) to otherwise carry out this section.
       (B) Availability contingent on international agreement.--
     Amounts in the Fund shall be available to the Secretary of 
     State on and after the date on which the Secretary enters 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism under paragraph (1) of subsection (b) and 
     the commitments described in paragraph (2) of that 
     subsection.
       (5) Availability of amounts.--
       (A) In general.--Amounts in the Fund shall remain available 
     through the end of the tenth fiscal year beginning after the 
     date of the enactment of this Act.
       (B) Remainder to treasury.--Any amounts remaining in the 
     Fund after the end of the fiscal year described in 
     subparagraph (A) shall be deposited in the general fund of 
     the Treasury.
       (b) Common Funding Mechanism for Development and Adoption 
     of Secure Microelectronics and Secure Microelectronics Supply 
     Chains.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of the 
     Treasury, and the Director of National Intelligence, shall 
     seek to establish a common funding mechanism, in coordination 
     with the governments of countries that are partners of the 
     United States, that uses amounts from the Fund, and amounts 
     committed by such governments, to support the development and 
     adoption of secure microelectronics and secure 
     microelectronics supply chains, including for use in research 
     and development collaborations among countries participating 
     in the common funding mechanism.
       (2) Mutual commitments.--The Secretary of State, in 
     consultation with the United States Trade Representative and 
     the Secretary of Commerce, shall seek to negotiate a set of 
     mutual commitments with the governments of countries that are 
     partners of the United States upon which to condition any 
     expenditure of funds pursuant to the common funding mechanism 
     described in paragraph (1). Such commitments shall, at a 
     minimum--
       (A) establish transparency requirements for any subsidies 
     or other financial benefits (including revenue foregone) 
     provided to microelectronics firms located in or outside such 
     countries;
       (B) establish consistent policies with respect to countries 
     that--
       (i) are not participating in the common funding mechanism; 
     and
       (ii) do not meet transparency requirements established 
     under subparagraph (A);
       (C) promote harmonized treatment of microelectronics and 
     verification processes for items being exported to a country 
     considered a national security risk by a country 
     participating in the common funding mechanism;
       (D) establish a consistent policies and common external 
     policies to address nonmarket economies as the behavior of 
     such countries pertains to microelectronics; and
       (E) align policies on supply chain integrity and 
     microelectronics security, including with respect to 
     protection and enforcement of intellectual property rights.
       (c) Annual Report to Congress.--Not later than one year 
     after the date of the enactment of this Act, and annually 
     thereafter for each fiscal year during which amounts in the 
     Fund are available under subsection (a)(3), the Secretary of 
     State shall submit to Congress a report on the status of the 
     implementation of this section that includes a description 
     of--
       (1) any commitments made by the governments of countries 
     that are partners of the United States to providing funding 
     for the common funding mechanism described in subsection 
     (b)(1) and the specific amount so committed;
       (2) the criteria established for expenditure of funds 
     through the common funding mechanism;

[[Page S3533]]

       (3) how, and to whom, amounts have been expended from the 
     Fund;
       (4) amounts remaining in the Fund;
       (5) the progress of the Secretary of State toward entering 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism and the commitments described in subsection 
     (b)(2); and
       (6) any additional authorities needed to enhance the 
     effectiveness of the Fund in achieving the security goals of 
     the United States.

     SEC. 1095. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.

       (a) Appropriate Committees of Congress.-- In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, and the Committee on Homeland 
     Security of the House of Representatives.
       (b) Sense of Congress.--It is the sense of Congress that 
     the leadership of the United States in semiconductor 
     technology and innovation is critical to the economic growth 
     and national security of the United States.
       (c) Subcommittee on Semiconductor Leadership.--
       (1) Establishment required.--The President shall establish 
     in the National Science and Technology Council a subcommittee 
     on matters relating to leadership of the United States in 
     semiconductor technology and innovation.
       (2) Duties.--The duties of the subcommittee established 
     under paragraph (1) are as follows:
       (A) National strategy on semiconductor research.--
       (i) Development.--In coordination with the Secretary of 
     Defense, the Secretary of Energy, the Secretary of State, the 
     Secretary of Commerce, and the Secretary of Homeland Security 
     the National Science Foundation, and the Director of the 
     National Institute of Standards and Technology and in 
     consultation with the semiconductor industry and academia, 
     develop a national strategy on semiconductor research and 
     semiconductor security, including guidance for the funding of 
     research.
       (ii) Reporting and updates.--Not less frequently than one 
     every 5 years, to update the strategy developed under clause 
     (i) and to submit the revised strategy to the appropriate 
     committees of Congress.
       (iii) Implementation.--In coordination with the Secretary 
     of Defense, the Secretary of Energy, the Secretary of State, 
     the Secretary of Commerce, and the Secretary of Homeland 
     Security the National Science Foundation, and the Director of 
     the National Institute of Standards and Technology, on an 
     annual basis coordinate and recommend each agency's 
     semiconductor related research and development programs and 
     budgets to ensure consistency with the National Strategy on 
     Semiconductor Research.
       (B) Fostering coordination of research and development.--To 
     foster the coordination of semiconductor research and 
     development.
       (d) National Semiconductor Technology Center.--
       (1) Establishment.--The Secretary of Commerce shall 
     established a national semiconductor technology center to 
     conduct research and prototyping of advanced semiconductor 
     technology to strengthen the economic competitiveness and 
     security of the domestic supply chain, which will be operated 
     as a public private-sector consortium with participation from 
     the private sector, the Department of Defense, the Department 
     of Energy, and the Secretary of Homeland Security the 
     National Science Foundation, and the National Institute of 
     Standards and Technology
       (2) Functions.--The functions of the center established 
     under paragraph (1) shall be as follows:
       (A) To conduct advanced semiconductor manufacturing, design 
     and prototyping research that strengthens the entire domestic 
     ecosystem and is aligned with the National Strategy on 
     Semiconductor Research.
       (B) To establish an Advanced Packaging National 
     Manufacturing Program led by the National Institute of 
     Standards and Technology, in coordination with the Center, to 
     strengthen semiconductor advanced test, assembly, and 
     packaging capability in the domestic ecosystem, and which 
     shall coordinate with the Manufacturing USA institute 
     established under paragraph (3)(C).
       (C) To establish an investment fund, in partnership with 
     the private sector, to support startups in the domestic 
     semiconductor ecosystem.
       (D) To establish a Semiconductor Manufacturing Program 
     through the Director of the National Institute of Standards 
     and Technology to enable advances and breakthroughs in 
     measurement science, standards, material characterization, 
     instrumentation, testing, and manufacturing capabilities that 
     will accelerate the underlying research and development for 
     design, development, and manufacturability of next generation 
     microelectronics and ensure the competitiveness and 
     leadership of the United States within this sector.
       (E) To work with the Secretary of Labor and the private 
     sector to develop workforce training programs and 
     apprenticeships in advanced microelectronic packaging 
     capabilities.
       (3) Components.--The fund established under paragraph 
     (2)(D) shall cover the following:
       (A) Advanced metrology and characterization for 
     manufacturing of microchips using 3 nanometer transistor 
     processes or more advanced processes.
       (B) Metrology for security and supply chain verification.
       (4) The fund established under (2)(D) may also cover 
     Creation of a Manufacturing USA institute described in 
     section 34(d) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278s(d)) that is focused on 
     semiconductor manufacturing. Such institute may emphasize the 
     following:
       (A) Research to support the virtualization and automation 
     of maintenance of semiconductor machinery.
       (B) Development of new advanced test, assembly and 
     packaging capabilities.
       (C) Developing and deploying educational and skills 
     training curricula needed to support the support the industry 
     sector and ensure the U.S. can build and maintain a trusted 
     and predictable talent pipeline.
       (e) Authorizations of Appropriations.--
       (1) National semiconductor technology center.--
       (A) In general.--There is authorized to be appropriated to 
     carry out subsection (d), $9,000,000,000 for fiscal year 
     2021, with such amount to remain available for such purpose 
     through fiscal year 2030--
       (i) of which, $3,000,000,000 shall be available to carry 
     out subsection (d)(2)(A);
       (ii) of which, $5,000,000,000 shall be available to carry 
     out subsection (d)(2)(B)
       (iii) of which, $500,000,000 shall be available to carry 
     out subsection (d)(2)(C)
       (iv) of which, $500,000,000 shall be available to carry out 
     subsection (d)(2)(D)--

       (I) of which, $20,000,000 shall be available for each of 
     fiscal years 2021 through 2025 to carry out subsection 
     (d)(3)(A);
       (II) of which, $20,000,000 shall be available for each of 
     fiscal years 2021 through 2025 to carry out subsection 
     (d)(3)(B); and
       (III) of which, $50,000,000 shall be available for each of 
     fiscal years 2021 through 2025 to carry out subsection 
     (d)(4); and

       (v) of which, $50,000,000 shall be available to carry out 
     subsection (d)(2)(E).
       (B) Emergency.-- Amounts made available pursuant to 
     subparagraph (A) are designated by Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       (2) Semiconductor research at the defense advanced research 
     projects agency.--There is authorized to be appropriated to 
     carry out semiconductor research, such as the Electronics 
     Resurgence Initiative, at the Defense Advanced Research 
     Projects Agency, $2,000,000,000 for fiscal year 2021, with 
     such amount to remain available for such purpose through 
     fiscal year 2025. An amount made available pursuant to this 
     paragraph is designated by Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (3) Semiconductor research at national science 
     foundation.--There is authorized to be appropriated to carry 
     out programs at the National Science Foundation on 
     semiconductor research in alignment with the National 
     Strategy on Semiconductor Research, $1,000,000,000 for fiscal 
     year 2021, with such amount to remain available for such 
     purpose through fiscal year 2025. An amount made available 
     pursuant to this paragraph is designated by Congress as being 
     for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (4) Semiconductor research at department of energy.--There 
     is authorized to be appropriated to carry out programs at the 
     Department of Energy on semiconductor research, in alignment 
     with the National Strategy on Semiconductor Research, 
     $2,000,000,000 for fiscal year 2021, with such amount to 
     remain available for such purpose through fiscal year 2025. 
     An amount made available pursuant to this paragraph is 
     designated by Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2102. Mr. SCHUMER (for himself and Mr. Young) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of division A, insert the following:

                    TITLE XVII--ENDLESS FRONTIER ACT

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Endless Frontier Act''.

     SEC. 1702. FINDINGS.

       Congress finds the following:

[[Page S3534]]

       (1) For over 70 years, the United States has been the 
     unequivocal global leader in scientific and technological 
     innovation, and as a result the people of the United States 
     have benefitted through good-paying jobs, economic 
     prosperity, and a higher quality of life. Today, however, 
     this leadership position is being eroded and challenged by 
     foreign competitors, some of whom are stealing intellectual 
     property and trade secrets of the United States and 
     aggressively investing in fundamental research and 
     commercialization to dominate the key technology fields of 
     the future. While the United States once led the world in the 
     share of our economy invested in research, our Nation now 
     ranks 9th globally in total research and development and 12th 
     in publicly financed research and development.
       (2) Without a significant increase in investment in 
     research, education, technology transfer, and the core 
     strengths of the United States innovation ecosystem, it is 
     only a matter of time before the global competitors of the 
     United States overtake the United States in terms of 
     technological primacy. The country that wins the race in key 
     technologies--such as artificial intelligence, quantum 
     computing, advanced communications, and advanced 
     manufacturing--will be the superpower of the future.
       (3) The Federal Government must catalyze United States 
     innovation by boosting fundamental research investments 
     focused on discovering, creating, commercializing, and 
     producing new technologies to ensure the leadership of the 
     United States in the industries of the future.
       (4) The distribution of innovation jobs and investment in 
     the United States has become largely concentrated in just a 
     few locations, while much of the Nation has been left out of 
     growth in the innovation sector. More than 90 percent of the 
     Nation's innovation sector employment growth in the last 15 
     years was generated in just 5 major cities. The Federal 
     Government must address this imbalance in opportunity by 
     partnering with the private sector to build new technology 
     hubs across the country, spreading innovation sector jobs 
     more broadly, and tapping the talent and potential of the 
     entire Nation to ensure the United States leads the 
     industries of the future.
       (5) Since its inception, the National Science Foundation 
     has carried out vital work supporting basic research and 
     people to create knowledge that is a primary driver of the 
     economy of the United States and enhances the Nation's 
     security.

     SEC. 1703. NATIONAL SCIENCE AND TECHNOLOGY FOUNDATION.

       (a) Redesignation of National Science Foundation as 
     National Science and Technology Foundation.--
       (1) In general.--Section 2 of the Act of May 10, 1950 (64 
     Stat. 149, chapter 171; 42 U.S.C. 1861) is amended--
       (A) in the section heading, by inserting ``and technology'' 
     after ``science''; and
       (B) by striking ``the National Science Foundation'' and 
     inserting ``the National Science and Technology Foundation''.
       (2) References.--Any reference in any law, rule, 
     regulation, certificate, directive, instruction, or other 
     official paper in force on the date of enactment of this Act 
     to the National Science Foundation shall be considered to 
     refer and apply to the National Science and Technology 
     Foundation.
       (b) Establishment of Deputy Director for Technology.--
     Section 6 of the Act of May 10, 1950 (64 Stat. 149, chapter 
     171; 42 U.S.C. 1864a) is amended--
       (1) in the section heading, by striking ``deputy director'' 
     and inserting ``deputy directors'';
       (2) in the first sentence--
       (A) by striking ``a Deputy Director'' and inserting ``2 
     Deputy Directors''; and
       (B) by inserting ``and in accordance with the expedited 
     procedures established under S. Res. 116 (112th Congress)'' 
     after ``the Senate'';
       (3) in the third sentence, by striking ``The Deputy 
     Director shall receive'' and inserting ``Each Deputy Director 
     shall receive'';
       (4) by inserting after the third sentence the following: 
     ``The Deputy Director for Technology shall oversee, and 
     perform duties relating to, the Directorate for Technology of 
     the Foundation, as established under section 8A, and the 
     Deputy Director for Science shall oversee, and perform duties 
     relating to, the other activities and directorates supported 
     by the Foundation.'';
       (5) in the last sentence, by striking ``The Deputy Director 
     shall act'' and inserting ``The Deputy Director for Science 
     shall act''; and
       (6) by adding at the end the following: ``The Deputy 
     Director for Science shall not act as the acting Deputy 
     Director for Technology.''.
       (c) Establishment of Directorate for Technology.--The Act 
     of May 10, 1950 (64 Stat. 149, chapter 171; 42 U.S.C. 1861 et 
     seq.) is amended--
       (1) in section 8 (42 U.S.C. 1866), by inserting at the end 
     the following: ``Such divisions shall include the Directorate 
     for Technology established under section 8A.''; and
       (2) by inserting after section 8 the following:

     ``SEC. 8A. DIRECTORATE FOR TECHNOLOGY.

       ``(a) Definitions.--In this section:
       ``(1) Deputy director.--The term `Deputy Director' means 
     the Deputy Director for Technology.
       ``(2) Designated country.--The term `designated country' 
     means a country that has been approved and designated in 
     writing by the President for purposes of this section, after 
     providing--
       ``(A) not less than 30 days of advance notification and 
     explanation to the relevant congressional committees before 
     the designation; and
       ``(B) in-person briefings to such committees, if requested 
     during the 30-day advance notification period described in 
     subparagraph (A).
       ``(3) Directorate.--The term `Directorate' means the 
     Directorate for Technology established under subsection (b).
       ``(4) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       ``(5) Key technology focus areas.--The term `key technology 
     focus areas' means the areas included on the most recent list 
     under subsection (c)(2).
       ``(6) Relevant congressional committees.--The term 
     `relevant congressional committees' means--
       ``(A) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Appropriations, the Committee on Foreign Relations, and the 
     Select Committee on Intelligence of the Senate; and
       ``(B) the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, the Committee on 
     Appropriations, the Committee on Foreign Affairs, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       ``(b) Establishment.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of the Endless Frontier Act, the Director shall 
     establish in the Foundation a Directorate for Technology. The 
     Directorate shall carry out the duties and responsibilities 
     described in this section, in order to further the following 
     goals:
       ``(A) Strengthening the leadership of the United States in 
     critical technologies through fundamental research in the key 
     technology focus areas.
       ``(B) Enhancing the competitiveness of the United States in 
     the key technology focus areas by improving education in the 
     key technology focus areas and attracting more students to 
     such areas.
       ``(C) Consistent with the operations of the Foundation, 
     fostering the economic and societal impact of federally 
     funded research and development through an accelerated 
     translation of fundamental advances in the key technology 
     focus areas into processes and products that can help achieve 
     national goals related to economic competitiveness, domestic 
     manufacturing, national security, shared prosperity, energy 
     and the environment, health, education and workforce 
     development, and transportation.
       ``(2) Deputy director.--The Directorate shall be headed by 
     the Deputy Director.
       ``(3) Organization and administrative matters.--
       ``(A) Hiring authority.--
       ``(i) Experts in science and engineering.--The Director 
     shall have the authority to carry out a program of personnel 
     management authority for the Directorate in the same manner, 
     and subject to the same requirements, as the program of 
     personnel management authority authorized for the Director of 
     the Defense Advanced Research Projects Agency under section 
     1599h of title 10, United States Code, for the Defense 
     Advanced Research Projects Agency.
       ``(ii) Highly qualified experts in needed occupations.--In 
     addition to the authority provided under clause (i), the 
     Director shall have the authority to carry out a program of 
     personnel management authority for the Directorate in the 
     same manner, and subject to the same requirements, as the 
     program to attract highly qualified experts carried out by 
     the Secretary of Defense under section 9903 of title 5, 
     United States Code.
       ``(iii) Additional hiring authority.--To the extent needed 
     to carry out the duties in paragraph (1), the Director shall 
     utilize hiring authorities under section 3372 of title 5, 
     United States Code, to staff the Directorate with employees 
     from other Federal agencies, State and local governments, 
     Indian tribes and tribal organizations, institutions of 
     higher education, and other organizations, as described in 
     that section, in the same manner and subject to the same 
     conditions, that apply to such individuals utilized to 
     accomplish other missions of the Foundation.
       ``(B) Program managers.--The employees of the Directorate 
     may include program managers for the key technology focus 
     areas, who shall perform a role similar to programs managers 
     employed by the Defense Advanced Research Projects Agency for 
     the oversight and selection of programs supported by the 
     Directorate.
       ``(C) Selection of recipients.--Recipients of support under 
     the programs and activities of the Directorate shall be 
     selected by program managers or other employees of the 
     Directorate. The Directorate may use a peer review process or 
     the authorities provided under subparagraphs (A) and (B), or 
     some combination of such process and authorities, to inform 
     the selection of award recipients.
       ``(D) Applicability.--Subparagraphs (A), (B), and (C) shall 
     apply solely to the Technology Directorate and not to any 
     other directorate of the Foundation.
       ``(E) Assistant directors.--The Director may appoint 1 or 
     more Assistant Directors for the Directorate as the Director 
     determines necessary, in the same manner as

[[Page S3535]]

     other Assistant Directors of the Foundation are appointed.
       ``(4) Report.--Not later than 120 days after the date of 
     enactment of the Endless Frontier Act, the Director shall 
     prepare and submit a report to the relevant congressional 
     committees regarding the establishment of the Directorate.
       ``(c) Duties and Functions of the Directorate.--
       ``(1) Development of technology focus of the directorate.--
     The Director, acting through the Deputy Director, shall--
       ``(A) advance innovation in the key technology focus areas 
     through fundamental research and other activities described 
     in this section; and
       ``(B) develop and implement strategies to ensure that the 
     activities of the Directorate are directed toward the key 
     technology focus areas in order to accomplish the goals 
     described in subparagraphs (A) through (C) of subsection 
     (b)(1) consistent with the most recent report conducted under 
     section 1705(b) of the Endless Frontier Act.
       ``(2) Key technology focus areas.--
       ``(A) Initial list.--The initial key technology focus areas 
     are--
       ``(i) artificial intelligence and machine learning;
       ``(ii) high performance computing, semiconductors, and 
     advanced computer hardware;
       ``(iii) quantum computing and information systems;
       ``(iv) robotics, automation, and advanced manufacturing;
       ``(v) natural or anthropogenic disaster prevention;
       ``(vi) advanced communications technology;
       ``(vii) biotechnology, genomics, and synthetic biology;
       ``(viii) cybersecurity, data storage, and data management 
     technologies;
       ``(ix) advanced energy; and
       ``(x) materials science, engineering, and exploration 
     relevant to the other key technology focus areas described in 
     this subparagraph.
       ``(B) Review of key technology focus areas and subsequent 
     lists.--
       ``(i) Adding or deleting key technology focus areas.--
     Beginning on the date that is 4 years after the date of 
     enactment of the Endless Frontier Act, and every 4 years 
     thereafter, the Director, acting through the Deputy 
     Director--

       ``(I) shall, in consultation with the Board of Advisors, 
     review the list of key technology focus areas; and
       ``(II) as part of that review, may add or delete key 
     technology focus areas if the competitive threats to the 
     United States have shifted (whether because the United States 
     or other nations have advanced or fallen behind in a 
     technological area), subject to clause (ii).

       ``(ii) Limit on key technology focus areas.--Not more than 
     10 key technology focus areas shall be included on the list 
     of key technology focus areas at any time.
       ``(iii) Updating focus areas and distribution.--Upon the 
     completion of each review under this subparagraph, the 
     Director shall make the list of key technology focus areas 
     readily available to the public, including by publishing the 
     list in the Federal Register, even if no changes have been 
     made to the prior list.
       ``(3) Activities.--
       ``(A) In general.--In carrying out the duties and functions 
     of the Directorate, the Director, acting through the Deputy 
     Director, may--
       ``(i) award grants, cooperative agreements, and contracts 
     to--

       ``(I) individual institutions of higher education for work 
     at centers or by individual researchers or teams of 
     researchers;
       ``(II) not-for-profit entities;
       ``(III) National Laboratories, as defined in section 2 of 
     the Energy Policy Act of 2005 (42 U.S.C. 15801); and
       ``(IV) consortia that--

       ``(aa) shall include and be led by an institution of higher 
     education, and may include 1 or more additional institutions 
     of higher education;
       ``(bb) may include 1 or more entities described in 
     subclauses (I), (II), or (III) and, if appropriate, for-
     profit entities, including small businesses; and
       ``(cc) may include 1 or more entities described in 
     subclause (I) or (II) from treaty allies and security 
     partners of the United States;
       ``(ii) provide funds to other divisions of the Foundation, 
     including--

       ``(I) to the other directorates of the Foundation to pursue 
     basic questions about natural and physical phenomena that 
     could enable advances in the key technology focus areas;
       ``(II) to the Directorate for Social, Behavioral, and 
     Economic Sciences or other relevant directorates of the 
     Foundation to study questions that could affect the design 
     (including human interfaces), operation, deployment, or the 
     social and ethical consequences of technologies in the key 
     technology focus areas; and
       ``(III) to the Directorate for Education and Human 
     Resources to further the creation of a domestic workforce 
     capable of advancing the key technology focus areas;

       ``(iii) provide funds to other Federal research agencies, 
     including the National Institute of Standards and Technology, 
     for intramural or extramural work in the key technology focus 
     areas through research, manufacturing, or other means;
       ``(iv) make awards under the SBIR and STTR programs (as 
     defined in section 9(e) of the Small Business Act (15 U.S.C. 
     638(e)) in the same manner as awards under such programs are 
     made by the Director of the Foundation;
       ``(v) administer prize challenges under section 24 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3719) in the key technology focus areas, in order to expand 
     public-private partnerships beyond direct research funding; 
     and
       ``(vi) enter into and perform such contracts or other 
     arrangements, or modifications thereof, as may be necessary 
     in the conduct of the work of the Directorate and on such 
     terms as the Deputy Director considers appropriate, in 
     furtherance of the purposes of this Act.
       ``(B) Reports.--Not later than 180 days after the date of 
     enactment of the Endless Frontier Act, the Director shall 
     prepare and submit to the relevant congressional committees a 
     spending plan for the next 5 years for each of the activities 
     described in subparagraph (A), including--
       ``(i) a plan to seek out additional investments from--

       ``(I) certain designated countries; and
       ``(II) if appropriate, private sector entities; and

       ``(ii) the planned activities of the Directorate to secure 
     federally funded science and technology pursuant to section 
     1746 of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92).
       ``(C) Annual briefing.--Each year, the Director shall 
     formally request a briefing from the Director of the Federal 
     Bureau of Investigation and the Director of the National 
     Counterintelligence and Security Center regarding their 
     efforts to preserve the United States' advantages generated 
     by the activity of the Directorate.
       ``(4) Interagency cooperation.--In carrying out this 
     section, the Director and other Federal research agencies 
     shall work cooperatively with each other to further the goals 
     of this section in the key technology focus areas. Each year, 
     the Director shall prepare and submit a report to Congress, 
     and shall simultaneously submit the report to the Director of 
     the Office of Science and Technology Policy, describing the 
     interagency cooperation that occurred during the preceding 
     year pursuant to this paragraph, including a list of--
       ``(A) any funds provided under paragraph (3)(A)(ii) to 
     other divisions of the Foundation; and
       ``(B) any funds provided under paragraph (3)(A)(iii) to 
     other Federal research agencies.
       ``(5) Providing scholarships, fellowships, and other 
     student support.--
       ``(A) In general.--The Director, acting through the 
     Directorate, shall fund undergraduate scholarships, graduate 
     fellowships and traineeships, and postdoctoral student awards 
     in the key technology focus areas.
       ``(B) Implementation.--The Director may carry out 
     subparagraph (A) by providing funds--
       ``(i) to the Directorate for Education and Human Resources 
     of the Foundation for--

       ``(I) awards directly to students; and
       ``(II) grants or cooperative agreements to institutions of 
     higher education, including those institutions involved in 
     operating university technology centers established under 
     paragraph (6); and

       ``(ii) to programs in Federal research agencies that have 
     experience awarding such scholarships, fellowships, 
     traineeships, or postdoctoral awards.
       ``(C) Broadening participation.--In carrying out this 
     paragraph, the Director, acting through the Deputy Director, 
     shall work to increase the participation of underrepresented 
     minorities in fields related to the key technology focus 
     areas. For that purpose, the Director may take such steps as 
     establishing or augmenting programs targeted at 
     underrepresented minorities, and supporting traineeships or 
     other relevant programs at institutions of higher education 
     with high enrollments of underrepresented minorities.
       ``(D) Supplement, not supplant.--The Director shall ensure 
     that funds made available under this paragraph shall be used 
     to create additional support for postsecondary students and 
     shall not displace funding for any other available support.
       ``(6) University technology centers.--
       ``(A) In general.--From amounts made available to the 
     Directorate, the Director shall, through a competitive 
     application and selection process, award grants to or enter 
     into cooperative agreements with institutions of higher 
     education or consortia described in paragraph (3)(A)(i)(III) 
     to establish university technology centers.
       ``(B) Uses of funds.--
       ``(i) In general.--A center established under a grant or 
     cooperative agreement under subparagraph (A)--

       ``(I) shall use support provided under such subparagraph--

       ``(aa) to carry out fundamental research to advance 
     innovation in the key technology focus areas; and
       ``(bb) to further the development of innovations in the key 
     technology focus areas, including--
       ``(AA) innovations derived from research carried out under 
     item (aa), through such activities as proof-of-concept 
     development and prototyping, in order to reduce the cost, 
     time, and risk of commercializing new technologies; and

[[Page S3536]]

       ``(BB) through the use of public-private partnerships; and

       ``(II) may use support provided under such subparagraph--

       ``(aa) for the costs of equipment, including mid-tier 
     infrastructure, and the purchase of cyberinfrastructure 
     resources, including computer time; or
       ``(bb) for other activities or costs necessary to 
     accomplish the purposes of this section.
       ``(ii) Support of regional technology hubs.--Each center 
     established under subparagraph (A) may support and 
     participate in, as appropriate, the activities of any 
     regional technology hub designated under section 27(d) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3722(d)).
       ``(C) Selection process.--In selecting recipients under 
     this paragraph, the Director, acting through the Deputy 
     Director, shall consider--
       ``(i) the capacity of the applicant to pursue and advance 
     fundamental research, particularly research on questions not 
     being widely pursued elsewhere in academia or in industry;
       ``(ii) the extent to which the applicant's proposed 
     research would be likely to advance progress in 1 or more key 
     technology focus areas;
       ``(iii) the capacity of the applicant to engage industry in 
     building on any advances; and
       ``(iv) in the case of a consortium, the range of 
     institutions of higher education participating in the 
     consortium, including whether the consortium includes 
     historically Black colleges or universities, minority-serving 
     institutions, or other institutions capable of involving 
     underrepresented minorities in the proposed project.
       ``(D) Requirements.--The Director shall ensure that any 
     institution of higher education or consortium receiving a 
     grant or cooperative agreement under subparagraph (A) has 
     demonstrated an ability to advance the goals described in 
     subsection (b)(1).
       ``(7) Moving technology from laboratory to market.--
       ``(A) Program authorized.--The Director shall establish a 
     program in the Directorate to award grants, on a competitive 
     basis, to institutions of higher education or consortia 
     described in paragraph (3)(A)(i)(III)--
       ``(i) to build capacity at an institution of higher 
     education and in its surrounding region to increase the 
     likelihood that new technologies in the key technology focus 
     areas will succeed in the commercial market; and
       ``(ii) with the goal of promoting experiments with a range 
     of models that institutions of higher education could use 
     to--

       ``(I) enable new technologies to mature to the point where 
     the technologies are more likely to succeed in the commercial 
     market; and
       ``(II) reduce the risks to commercial success for new 
     technologies earlier in their development.

     A grant awarded under this subparagraph for a purpose 
     described in clause (i) or (ii) may also enable the 
     institution of higher education or consortium to provide 
     training and support to scientists and engineers who are 
     interested in research and commercialization, if the use is 
     included in the proposal submitted under subparagraph (B).
       ``(B) Proposals.--An institution of higher education or 
     consortium desiring a grant under this paragraph shall submit 
     a proposal to the Director at such time, in such manner, and 
     containing such information as the Director may require. The 
     proposal shall include a description of--
       ``(i) the steps the applicant will take to reduce the risks 
     for commercialization for new technologies;
       ``(ii) why such steps are likely to be effective; and
       ``(iii) how such steps differ from previous efforts to 
     reduce the risks for commercialization for new technologies.
       ``(C) Use of funds.--A recipient of a grant under this 
     paragraph shall use grant funds to reduce the risks for 
     commercialization for new technologies developed on campus, 
     which may include--
       ``(i) creating and funding competitions to allow 
     entrepreneurial ideas from institutions of higher education 
     to illustrate their commercialization potential;
       ``(ii) facilitating mentorships between local and national 
     business leaders and potential entrepreneurs to encourage 
     successful commercialization;
       ``(iii) creating and funding for-profit or not-for-profit 
     entities that could enable researchers at institutions of 
     higher education to further develop new technology prior to 
     seeking commercial financing, through patient funding, 
     advice, staff support, or other means;
       ``(iv) providing off-campus facilities for start-up 
     companies where technology maturation could occur; and
       ``(v) revising institution policies to accomplish the goals 
     of this paragraph.
       ``(8) Test beds.--
       ``(A) Program authorized.--The Director, acting through the 
     Deputy Director, shall establish a program in the Directorate 
     to award grants, on a competitive basis, to institutions of 
     higher education or consortia described in paragraph 
     (3)(A)(i)(III) to establish test beds and fabrication 
     facilities to advance the operation, integration and, as 
     appropriate, manufacturing of new, innovative technologies in 
     the key technology focus areas, which may include hardware or 
     software. The goal of such test beds and facilities shall be 
     to accelerate the movement of innovative technologies into 
     the commercial market through existing and new companies.
       ``(B) Proposals.--A proposal submitted under this paragraph 
     shall, at a minimum, describe--
       ``(i)(I) the 1 or more technologies that will be the focus 
     of the test bed or fabrication facility;
       ``(II) the goals of the work to be done at the test bed or 
     facility; and
       ``(III) the expected schedule for completing that work;
       ``(ii) how the applicant will assemble a workforce with the 
     skills needed to operate the test bed or facility;
       ``(iii) how the applicant will ensure that work in the test 
     bed or facility will contribute to the commercial viability 
     of any technologies, which may include collaboration and 
     funding from industry partners;
       ``(iv) how the applicant will encourage the participation 
     of entrepreneurs and the development of new businesses; and
       ``(v) how the test bed or facility will operate after 
     Federal funding has ended.
       ``(C) Awards.--Grants made under this paragraph--
       ``(i) shall be for 5 years, with the possibility of one 3-
     year extension; and
       ``(ii) may be used for the purchase of equipment, the 
     support of graduate students and postdoctoral researchers, 
     and the salaries of staff.
       ``(D) Requirements.--As a condition of receiving a grant 
     under this paragraph, an institution of higher education or 
     consortium shall publish and share with the public the 
     results of the work conducted under this paragraph.
       ``(9) Inapplicability.--Section 5(e)(1) shall not apply to 
     grants, contracts, or other arrangements made under this 
     section.
       ``(d) Board of Advisors.--
       ``(1) In general.--There is established in the Foundation a 
     Board of Advisors for the Directorate (referred to in this 
     section as the `Board of Advisors'), which shall provide 
     advice to the Deputy Director pursuant to this subsection. 
     The Board of Advisors shall not have any decision-making 
     authority.
       ``(2) Membership.--
       ``(A) Composition.--The Board of Advisors shall be 
     comprised of 12 members representing scientific leaders and 
     experts from industry and academia, of whom--
       ``(i) 2 shall be appointed by the majority leader of the 
     Senate;
       ``(ii) 2 shall be appointed by the minority leader of the 
     Senate;
       ``(iii) 2 shall be appointed by the Speaker of the House of 
     Representatives;
       ``(iv) 2 shall be appointed by the minority leader of the 
     House of Representatives; and
       ``(v) 4 shall be appointed by the Director.
       ``(B) Opportunity for input.--Before appointing any member 
     under subparagraph (A), the appointing authority shall 
     provide an opportunity for the National Academies of 
     Sciences, Engineering, and Medicine and other entities to 
     provide advice regarding potential appointees.
       ``(C) Qualifications.--
       ``(i) In general.--Each member appointed under subparagraph 
     (A) shall--

       ``(I) have extensive experience in a field related to the 
     work of the Directorate or other expertise relevant to 
     developing technology roadmaps; and
       ``(II) have, or be able to obtain within a reasonable 
     period of time, a security clearance appropriate for the work 
     of the Board of Advisors.

       ``(ii) Expedited security clearances.--The process of 
     obtaining a security clearance under clause (i)(II) may be 
     expedited by the head of the appropriate Federal agency to 
     enable the Board to receive classified briefings on the 
     current and future technological capacity of other nations, 
     and on the military implications of civilian technologies.
       ``(D) Date.--The appointments of the members of the Board 
     of Advisors shall be made not later than 90 days after the 
     date of enactment of the Endless Frontier Act.
       ``(3) Period of appointment; vacancies.--
       ``(A) In general.--A member of the Board of Advisors shall 
     be appointed for a 3-year term, except that the Deputy 
     Director shall adjust the terms for the first members of the 
     Board of Advisors so that, within each appointment category 
     described in clauses (i) through (v) of paragraph (2)(A), the 
     terms expire on a staggered basis.
       ``(B) Term limits.--A member of the Board of Advisors shall 
     not serve for more than 2 full consecutive terms.
       ``(C) Vacancies.--Any vacancy in the Board of Advisors--
       ``(i) shall not affect the powers of the Board of Advisors; 
     and
       ``(ii) shall be filled in the same manner as the original 
     appointment.
       ``(4) Chairperson.--The members of the Board of Advisors 
     shall elect 1 member to serve as the chairperson of the Board 
     of Advisors.
       ``(5) Meetings.--
       ``(A) Initial meeting.--Not later than 180 days after the 
     date of enactment of the Endless Frontier Act, the Board of 
     Advisors shall hold the first meeting of the Board of 
     Advisors.
       ``(B) Additional meetings.--After the first meeting of the 
     Board of Advisors, the Board of Advisors shall meet upon the 
     call of the chairperson or of the Director, and at least

[[Page S3537]]

     once every 180 days for the duration of the Board of 
     Advisors.
       ``(C) Meeting with the national science board.--The Board 
     of Advisors shall hold a joint meeting with the National 
     Science Board on at least an annual basis, on a date mutually 
     selected by the chairperson of the Board of Advisors and the 
     Chairman of the National Science Board.
       ``(D) Quorum.--A majority of the members of the Board of 
     Advisors shall constitute a quorum, but a lesser number of 
     members may hold hearings.
       ``(6) Duties of board of advisors.--
       ``(A) In general.--The Board of Advisors shall provide 
     advice--
       ``(i) to the Deputy Director on programs that could best be 
     carried out to accomplish the purposes of this section;
       ``(ii) to the Deputy Director to inform the reviews of key 
     technology focus areas required under subsection (c)(2)(B); 
     and
       ``(iii) on other issues relating to the purposes and 
     responsibilities of the Directorate, as requested by the 
     Deputy Director.
       ``(B) No role in awarding grants, contracts, or cooperative 
     agreements.--The Board of Advisors shall not provide advice 
     on or otherwise help determine what entities shall receive 
     grants, contracts, or cooperative agreements under this Act.
       ``(7) Powers of board of advisors.--
       ``(A) Hearings.--The Board of Advisors may hold public or 
     private hearings, sit and act at such times and places, take 
     such testimony and receive such evidence (including 
     classified testimony and evidence), and administer such oaths 
     as may be necessary to carry out the functions of the Board 
     of Advisors under paragraph (6).
       ``(B) Information from federal agencies.--
       ``(i) In general.--Each Federal department or agency shall, 
     in accordance with applicable procedures for the handling of 
     classified information, provide reasonable access to 
     documents, statistical data, and other such information that 
     the Deputy Director, in consultation with the chairperson of 
     the Board of Advisors, determines necessary to carry out its 
     functions under paragraph (6).
       ``(ii) Obtaining classified information.--If the Board of 
     Advisors, acting through the chairperson, seeks classified 
     information from a Federal department or agency, the Deputy 
     Director shall submit a written request to the head of the 
     Federal department or agency for access to classified 
     documents and statistical data, and other classified 
     information described in clause (i), that is under the 
     control of such agency.
       ``(C) Financial disclosure reports.--Each member of the 
     Board of Advisors shall be required to file a financial 
     disclosure report under title I of the Ethics in Government 
     Act of 1978, except that such reports shall be held 
     confidential and exempt from any law otherwise requiring 
     their public disclosure.
       ``(8) Board of advisors personnel and operational 
     matters.--
       ``(A) Compensation of members.--
       ``(i) In general.--A member of the Board of Advisors shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Board of Advisors.
       ``(ii) No federal employee members.--No member of the Board 
     of Advisors may be an officer or employee of the United 
     States during the member's term on the Board of Advisors.
       ``(B) Travel expenses.--A member of the Board of Advisors 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their home or regular places of 
     business in the performance of services for the Board of 
     Advisors.
       ``(C) Staff.--The Deputy Director, in consultation with the 
     chairperson of the Board of Advisors, shall assign an 
     employee of the Foundation to serve as an executive director 
     for the Board of Advisors.
       ``(D) Government employees.--
       ``(i) In general.--Any Federal Government employee may be 
     detailed to the Board of Advisors without reimbursement, and 
     such detail shall be without interruption or loss of civil 
     service status or privilege.
       ``(ii) Employees of the legislative branch.--The Deputy 
     Director shall establish procedures and policies to enable an 
     employee of an office, agency, or other entity in the 
     legislative branch of the Government to support the 
     activities of the Board of Advisors.
       ``(E) Procurement of temporary and intermittent services.--
     The chairperson of the Board of Advisors, with approval from 
     the Deputy Director, may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, at rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of that 
     title.
       ``(F) Assistance from federal agencies.--A Federal 
     department or agency may provide to the Board of Advisors 
     such services, funds, facilities, staff, and other support 
     services as the department or agency may determine advisable 
     and as may be authorized by law.
       ``(9) Permanent board.--Section 14 of the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Board of 
     Advisors.
       ``(e) Areas of Funding Support.--Subject to the 
     availability of funds under subsection (f), the Director 
     shall, for each fiscal year, use--
       ``(1) not less than 35 percent of funds provided to the 
     Directorate for such year to carry out subsection (c)(6);
       ``(2) not less than 15 percent of such funds to carry out 
     subsection (c)(5) with the goal of awarding, across the key 
     technology focus areas--
       ``(A) not fewer than 1,000 post-doctorate fellowships;
       ``(B) not fewer than 2,000 graduate fellowships and 
     traineeships;
       ``(C) not fewer than 1,000 undergraduate scholarships; and
       ``(D) if funds remain after carrying out subparagraphs (A) 
     through (C), grants to institutions of higher education to 
     enable the institutions to fund the development and 
     establishment of new or specialized courses of education for 
     graduate, undergraduate, or technical college students;
       ``(3) not less than 5 percent of such funds to carry out 
     subsection (c)(7);
       ``(4) not less than 10 percent of such funds to carry out 
     subsection (c)(8) by establishing and equipping test beds and 
     fabrication facilities;
       ``(5) not less than 15 percent of such funds to carry out 
     research and related activities pursuant to subclauses (I) 
     and (II) of subsection (c)(3)(A)(ii); and
       ``(6) not less than 12 percent of such funds to support 
     research in the key technology focus areas through the 
     Established Program to Stimulate Competitive Research under 
     section 113 of the National Science Foundation Authorization 
     Act of 1988 (42 U.S.C. 1862g).
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     for the Directorate, in addition to any other funds made 
     available to the Directorate, a total of $100,000,000,000 for 
     fiscal years 2021 through 2025, of which--
       ``(A) $2,000,000,000 is authorized for fiscal year 2021;
       ``(B) $8,000,000,000 is authorized for fiscal year 2022;
       ``(C) $20,000,000,000 is authorized for fiscal year 2023;
       ``(D) $35,000,000,000 is authorized for fiscal year 2024; 
     and
       ``(E) $35,000,000,000 is authorized for fiscal year 2025.
       ``(2) Appropriations limitations.--
       ``(A) Hold harmless.--No funds shall be appropriated to the 
     Directorate or to carry out this section for any fiscal year 
     in which the total amount appropriated to the Foundation (not 
     including amounts appropriated for the Directorate) is less 
     than the total amount appropriated to the Foundation (not 
     including such amounts), adjusted by the rate of inflation, 
     for the previous fiscal year.
       ``(B) No transfer of funds.--The Director shall not 
     transfer any funds appropriated to any other directorate or 
     office of the Foundation to the Directorate.
       ``(g) Rules of Construction.--
       ``(1) No classified research.--Nothing in this Act shall be 
     construed to permit the Foundation to fund classified 
     research.
       ``(2) No alterations of other missions or selection 
     processes of the foundation.--Nothing in this section or any 
     other amendments made to this Act by the Endless Frontier Act 
     shall be construed to alter the mission of any directorate of 
     the Foundation existing prior to the date of enactment of 
     such Act, or to alter the award selection methods or criteria 
     used by such directorates.''.
       (d) Annual Report on Unfunded Priorities.--
       (1) Annual report.--Not later than 10 days after the date 
     on which the budget of the President for a fiscal year is 
     submitted to Congress pursuant to section 1105 of title 31, 
     United States Code, the Director shall submit to the 
     President and to Congress a report on the unfunded priorities 
     of the National Science and Technology Foundation.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall provide--
       (A) for each directorate of the National Science Foundation 
     for the most recent, fully completed fiscal year--
       (i) the proposal success rate;
       (ii) the percentage of proposals that were not funded and 
     that met the criteria for funding; and
       (iii) the most promising research areas covered by 
     proposals described in clause (ii); and
       (B) a list, in order of priority, of the next activities 
     that should be undertaken in the Major Research Equipment and 
     Facilities Construction account.

     SEC. 1704. REGIONAL TECHNOLOGY HUB PROGRAM.

       (a) Definitions.--
       (1) Key technology focus areas.--Subsection (a) of section 
     27 of the Stevenson-Wydler Technology Innovation Act of 1980 
     (15 U.S.C. 3722) is amended--
       (A) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) Key technology focus areas.--The term `key technology 
     focus areas' means the areas included on the most recent list 
     under section 8A(c)(2) of the Act of May 10, 1950 (64 Stat. 
     149, chapter 171; 42 U.S.C. 1861 et seq.).''.
       (2) Venture development organizations.--Paragraph (5) of 
     such subsection, as redesignated by paragraph (1) of this 
     subsection, is amended by striking ``purposes

[[Page S3538]]

     of'' and all that follows through the period at the end and 
     inserting the following: ``purposes of--
       ``(A) accelerating the commercialization of research;
       ``(B) strengthening the competitive position of industry 
     through the development, commercial adoption, or deployment 
     of technology; and
       ``(C) providing financial grants, loans, direct financial 
     investment, or in-kind services to commercialize 
     technology.''.
       (b) Designation of and Support for Regional Technology Hubs 
     as Part of Regional Innovation Program of Department of 
     Commerce.--
       (1) In general.--Such section is amended--
       (A) by redesignating subsections (d) through (h) as 
     subsections (e) through (i), respectively; and
       (B) by inserting after subsection (c) the following:
       ``(d) Designation of and Grants in Support of Regional 
     Technology Hubs.--
       ``(1) Program required.--
       ``(A) In general.--As part of the program established under 
     subsection (b), the Secretary shall carry out a program--
       ``(i) to designate eligible consortia as regional 
     technology hubs that create the conditions, within a region, 
     to facilitate activities that--

       ``(I) enable United States leadership in a key technology 
     focus area, complementing the Federal research and 
     development investments under section 8A of the Act of May 
     10, 1950 (64 Stat. 149, chapter 171; 42 U.S.C. 1861 et seq.); 
     and
       ``(II) support regional economic development that diffuses 
     innovation capacity around the United States, enabling better 
     broad-based growth and competitiveness in key technology 
     focus areas; and

       ``(ii) to support regional technology hubs designated under 
     clause (i).
       ``(B) Eligible consortia.--For purposes of this section, an 
     eligible consortium is a consortium that--
       ``(i) includes--

       ``(I) an institution of higher education;
       ``(II) a local or Tribal government or other political 
     subdivision of a State;
       ``(III) a representative appointed by the governor of the 
     State or States that is representative of the geographic 
     coverage of the regional technology hub; and
       ``(IV) an economic development organization or similar 
     entity that is focused primarily on improving science, 
     technology, innovation, or entrepreneurship; and

       ``(ii) may include 1 or more--

       ``(I) nonprofit economic development entities with relevant 
     expertise, including a district organization (as defined in 
     section 300.3 of title 13, Code of Federal Regulations, or 
     successor regulation);
       ``(II) venture development organizations;
       ``(III) financial institutions;
       ``(IV) primary and secondary educational institutions, 
     including career and technical education schools;
       ``(V) workforce training organizations, including State 
     workforce development boards as established under section 101 
     of the Workforce Investment and Opportunity Act (29 U.S.C. 
     3111);
       ``(VI) industry associations;
       ``(VII) labor organizations;
       ``(VIII) firms in the key technology focus areas;
       ``(IX) National Laboratories (as defined in section 2 of 
     the Energy Policy Act of 2005 (42 U.S.C. 15801));
       ``(X) Federal laboratories;
       ``(XI) Centers (as defined in section 25(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 
     278k(a));
       ``(XII) Manufacturing USA institutes (as described in 
     section 34(d) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278s(d))); and
       ``(XIII) institutions receiving an award under paragraph 
     (6) or (7) of section 8A(c) of the Act of May 10, 1950 (64 
     Stat. 149, chapter 171; 42 U.S.C. 1861 et seq.).

       ``(C) Administration.--The Secretary shall carry out this 
     subsection through the Assistant Secretary of Commerce for 
     Economic Development and the Under Secretary of Commerce for 
     Standards and Technology, jointly.
       ``(2) Designation of regional technology hubs.--
       ``(A) In general.--The Secretary shall use a competitive 
     process for the designation of regional technology hubs under 
     paragraph (1)(A)(i).
       ``(B) Number of regional technology hubs.--During the 5-
     year period beginning on the date of the enactment of the 
     Endless Frontier Act, the Secretary shall designate not fewer 
     than 10 and not more than 15 eligible consortia as regional 
     technology hubs under paragraph (1)(A)(i), if the Secretary 
     has received a sufficient number of qualified applications 
     and appropriations to carry out this subsection.
       ``(C) Geographic distribution.--In conducting the 
     competitive process under subparagraph (A), the Secretary 
     shall ensure geographic distribution in the designation of 
     regional technology hubs--
       ``(i) aiming to designate regional technology hubs in as 
     many regions of the United States as possible;
       ``(ii) focusing on localities that have clear potential and 
     relevant assets for developing a key technology focus area 
     but have not yet become leading technology centers; and
       ``(iii) by including at least 2 States eligible to receive 
     funding from the Established Program to Stimulate Competitive 
     Research of the National Science Foundation in each regional 
     technology hub.
       ``(3) Grants and cooperative agreements.--
       ``(A) In general.--The Secretary shall carry out clause 
     (ii) of paragraph (1)(A) through the award of grants or 
     cooperative agreements to eligible consortia designated under 
     clause (i) of such paragraph.
       ``(B) Term.--Each grant or cooperative agreement awarded 
     under subparagraph (A) shall be for a period of 5 years, but 
     may be renewed once for an additional period of 5 years.
       ``(C) Matching required.--The total Federal financial 
     assistance awarded in a given year to an eligible consortium 
     in support of the eligible consortium's operation as a 
     regional technology hub under this subsection shall not 
     exceed amounts as follows:
       ``(i) In first year of the grant or cooperative agreement, 
     90 percent of the total funding of the regional technology 
     hub in that fiscal year.
       ``(ii) In second year of the grant or cooperative 
     agreement, 85 percent of the total funding of the regional 
     technology hub in that fiscal year.
       ``(iii) In third year of the grant or cooperative 
     agreement, 80 percent of the total funding of the regional 
     technology hub in that fiscal year.
       ``(iv) In fourth year of the grant or cooperative agreement 
     and each year thereafter, 75 percent of the total funding of 
     the regional technology hub in that fiscal year.
       ``(D) Use of grant and cooperative agreement funds.--The 
     recipient of a grant or cooperative awarded under 
     subparagraph (A) shall use the grant or cooperative agreement 
     for multiple activities determined appropriate by the 
     Secretary, including--
       ``(i) the permissible activities set forth under subsection 
     (c)(2); and
       ``(ii) activities in support of key technology focus 
     areas--

       ``(I) to develop the region's skilled workforce through the 
     training and retraining of workers and alignment of career 
     technical training and educational programs in the region's 
     elementary and secondary schools and institutions of higher 
     education;
       ``(II) to develop regional strategies for infrastructure 
     improvements and site development in support of the regional 
     technology hub's plans and programs;
       ``(III) to support business activity that develops the 
     domestic supply chain and encourages the creation of new 
     business entities;
       ``(IV) to attract new private, public, and philanthropic 
     investment in the region for developing innovation capacity, 
     including establishing regional venture and loan funds for 
     financing technology commercialization, new business 
     formation, and business expansions;
       ``(V) to further the development of innovations in the key 
     technology focus areas, including innovations derived from 
     research conducted at institutions of higher education or 
     other research entities, including research conducted by 1 or 
     more university technology centers established under section 
     8A(c)(6) of the Act of May 10, 1950 (64 Stat. 149, chapter 
     171; 42 U.S.C. 1861 et seq.), through activities that may 
     include--

       ``(aa) proof-of-concept development and prototyping;
       ``(bb) public-private partnerships in order to reduce the 
     cost, time, and risk of commercializing new technologies;
       ``(cc) creating and funding competitions to allow 
     entrepreneurial ideas from institutions of higher education 
     to illustrate their commercialization potential;
       ``(dd) facilitating mentorships between local and national 
     business leaders and potential entrepreneurs to encourage 
     successful commercialization;
       ``(ee) creating and funding for-profit or not-for-profit 
     entities that could enable researchers at institutions of 
     higher education and other research entities to further 
     develop new technology prior to seeking commercial financing, 
     through patient funding, advice, staff support, or other 
     means; and
       ``(ff) providing facilities for start-up companies where 
     technology maturation could occur; and

       ``(VI) to carry out such other activities as the Secretary 
     considers appropriate to improve United States 
     competitiveness and regional economic development to support 
     a key technology focus area and that would further the 
     purposes of the Endless Frontiers Act.

       ``(4) Applications.--
       ``(A) In general.--An eligible consortium seeking 
     designation as a regional technology hub under clause (i) of 
     paragraph (1)(A) and support under clause (ii) of such 
     paragraph shall submit to the Secretary an application 
     therefor at such time, in such manner, and containing such 
     information as the Secretary may specify.
       ``(B) Consultation with national science foundation 
     university technology centers.--In preparing an application 
     for submittal under subparagraph (A), an applicant shall, to 
     the extent practicable, consult with one or more university 
     technology centers established under section 8A(c)(6) of the 
     Act of May 10, 1950 (64 Stat. 149, chapter 171; 42 U.S.C. 
     1861 et seq.) that are either geographically relevant or are 
     conducting research on relevant key technology focus areas.
       ``(5) Considerations for designation and grant awards.--In 
     selecting an eligible consortium that submitted an 
     application under paragraph (4)(A) for designation and 
     support

[[Page S3539]]

     under paragraph (1)(A), the Secretary shall consider, at a 
     minimum, the following:
       ``(A) The potential of the eligible consortium to advance 
     the development of new technologies in a key technology focus 
     area.
       ``(B) The likelihood of positive regional economic effect, 
     including increasing the number of high wage jobs, and 
     creating new economic opportunities for economically 
     disadvantaged populations.
       ``(C) How the eligible consortium plans to integrate with 
     and leverage the resources of one or more university 
     technology centers established under section 8A(c)(6) of the 
     Act of May 10, 1950 (64 Stat. 149, chapter 171; 42 U.S.C. 
     1861 et seq.) in a related key technology focus area.
       ``(D) How the eligible consortium will engage with the 
     private sector, including small- and medium-sized enterprises 
     to commercialize new technologies and develop new supply 
     chains in the United States in a key technology focus area.
       ``(E) How the eligible consortium will carry out workforce 
     development and skills acquisition programming, including 
     through the use of apprenticeships, mentorships, and other 
     related activities authorized by the Secretary, to support 
     the development of a key technology focus area.
       ``(F) How the eligible consortium will improve science, 
     technology, engineering, and mathematics education programs 
     in the identified region in elementary and secondary school 
     and higher education institutions located in the identified 
     region to support the development of a key technology focus 
     area.
       ``(G) How the eligible consortium plans to develop 
     partnerships with venture development organizations and 
     sources of private investment in support of private sector 
     activity, including launching new or expanding existing 
     companies, in a key technology focus area.
       ``(H) How the eligible consortium plans to organize the 
     activities of regional partners in the public, private, and 
     philanthropic sectors in support of the proposed regional 
     technology hub, including the development of necessary 
     infrastructure improvements and site preparation.
       ``(I) How the eligible consortium plans to address economic 
     inclusion, including ensuring that skill development, 
     entrepreneurial assistance, and other activities focus on 
     economically disadvantaged populations.
       ``(6) Coordination with national institute of standards and 
     technology programs.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Manufacturing extension center.--The term 
     `manufacturing extension center' has the meaning given the 
     term `Center' in section 25(a) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k(a).
       ``(ii) Manufacturing usa institute.--The term 
     `Manufacturing USA institute' means a Manufacturing USA 
     institute described in section 34(d) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 
     278s(d)).
       ``(B) Coordination required.--The Secretary shall 
     coordinate the activities of regional technology hubs 
     designated under this subsection, the Hollings Manufacturing 
     Extension Partnership, and the Manufacturing USA Program with 
     each other to the degree that doing so does not diminish the 
     effectiveness of the ongoing activities of a manufacturing 
     extension center or a Manufacturing USA institute.
       ``(C) Elements.--Coordination by the Secretary under 
     subparagraph (B) may include the following:
       ``(i) The alignment of activities of the Hollings 
     Manufacturing Extension Partnership with the activities of 
     regional technology hubs designated under this subsection, if 
     applicable.
       ``(ii) The alignment of activities of the Manufacturing USA 
     Program and the Manufacturing USA institutes with the 
     activities of regional technology hubs designated under this 
     subsection, if applicable.
       ``(7) Interagency collaboration.--In assisting regional 
     technology hubs designated under paragraph (1)(A)(i), the 
     Secretary--
       ``(A) shall collaborate with Federal departments and 
     agencies whose missions contribute to the goals of the 
     regional technology hub;
       ``(B) may accept funds from other Federal agencies to 
     support grants and activities under this subsection; and
       ``(C) may establish interagency agreements with other 
     Federal departments or agencies to provide preferential 
     consideration for financial or technical assistance to a 
     regional technology hub designated under this subsection if 
     all applicable requirements for the financial or technical 
     assistance are met.
       ``(8) Performance measurement, transparency, and 
     accountability.--
       ``(A) Metrics, standards, and assessment.--For each grant 
     awarded under paragraph (3) for a regional technology hub, 
     the Secretary shall--
       ``(i) develop metrics to assess the effectiveness of the 
     activities funded in making progress toward the purposes set 
     forth under paragraph (1)(A), which may include:

       ``(I) research supported in a key technology focus area;
       ``(II) commercialization activities undertaken by each 
     regional technology hub that is designated and supported 
     under paragraph (1)(A);
       ``(III) educational and workforce development improvements 
     undertaken by each regional technology hub that is designated 
     and supported under paragraph (1)(A);
       ``(IV) sources of matching funds for each regional 
     technology hub that is designated and supported under 
     paragraph (1)(A); and
       ``(V) job creation, patent awards, and business formation 
     and expansion relating to the activities of the regional tech 
     hub that is designated and supported under paragraph (1)(A);

       ``(ii) establish standards for the performance of the 
     regional technology hub that are based on the metrics 
     developed under clause (i); and
       ``(iii) 2 years after the initial award under paragraph (3) 
     and each year thereafter until Federal financial assistance 
     under this subsection for the regional technology hub is 
     discontinued, conduct an assessment of the regional 
     technology hub to confirm whether the performance of the 
     regional technology hub is meeting the standards for 
     performance established under clause (ii).
       ``(B) Annual report.--Not less frequently than once each 
     year, the Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Appropriations of the Senate, the Committee on 
     Science, Space, and Technology of the House of 
     Representatives, and the Committee on Appropriations of the 
     House of Representatives an annual report on the results of 
     the assessments conducted by the Secretary under subparagraph 
     (A)(iii) during the period covered by the report.''.
       (2) Initial designations and awards.--
       (A) Competition required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce shall commence a competition under paragraph (2)(A) 
     of section 27(d) of the Stevenson-Wydler Technology 
     Innovation Act of 1980, as added by paragraph (1).
       (B) Designation and award.--Not later than 1 year after the 
     date of the enactment of this Act, if the Secretary has 
     received at least 1 application under paragraph (4) of such 
     section from an eligible consortium whom the Secretary 
     considers suitable for designation under paragraph (1)(A)(i) 
     of such section, the Secretary shall--
       (i) designate at least 1 regional technology hub under 
     paragraph (1)(A)(i) of such section; and
       (ii) award a grant under paragraph (3)(A) of such section 
     to each regional technology hub designated under clause (i) 
     of this subparagraph.
       (c) Authorization of Appropriations.--Subsection (i) of 
     such section, as redesignated by subsection (c)(1)(A) of this 
     section, is amended--
       (1) by striking ``From amounts'' and inserting the 
     following:
       ``(1) In general.--From amounts'';
       (2) in paragraph (1), as redesignated by paragraph (1) of 
     this subsection, by striking ``this section'' and inserting 
     ``the provisions of this section other than subsection (d)''; 
     and
       (3) by adding at the end the following:
       ``(2) Regional technology hubs.--There is authorized to be 
     appropriated to the Secretary to carry out subsection (d) 
     $10,000,000,000 for the period of fiscal year 2021 through 
     2025.''.
       (d) Technology Commercialization Review.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Director of the National Institute of Standards and 
     Technology, in consultation with the Director of the National 
     Science and Technology Foundation, shall review the structure 
     of current technology research and commercialization 
     arrangements with regard to public-private partnerships and 
     provide a recommendation to the Secretary of Commerce and 
     relevant congressional committees on what changes, if any, 
     are necessary to further incentivize industry participation 
     in public-private partnerships for the purposes of 
     accelerating technology research and commercialization in key 
     technology areas.

     SEC. 1705. STRATEGY AND REPORT ON ECONOMIC SECURITY, SCIENCE, 
                   RESEARCH, AND INNOVATION TO SUPPORT THE 
                   NATIONAL SECURITY STRATEGY.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on Commerce, Science, and 
     Transportation, the Committee on Energy and Natural 
     Resources, the Committee on Finance, the Committee on Foreign 
     Relations, and the Select Committee on Intelligence of the 
     Senate; and
       (B) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Energy and Commerce, the Committee 
     on Financial Services, the Committee on Foreign Affairs, the 
     Committee on Ways and Means, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Key technology focus area.--The term ``key technology 
     focus area'' means an area included on the most recent list 
     under section 8A(c)(2) of the Act of May 10, 1950 (64 Stat. 
     149, chapter 171; 42 U.S.C. 1861 et seq.).
       (3) National security strategy.--The term ``national 
     security strategy'' means the national security strategy 
     required by section 108 of the National Security Act of 1947 
     (50 U.S.C. 3043).
       (b) Strategy and Report.--
       (1) In general.--In 2021 and in each year thereafter before 
     the applicable date set forth under paragraph (2), the 
     Director of the

[[Page S3540]]

     Office of Science and Technology Policy, in coordination with 
     the Director of the National Economic Council, the Director 
     of the National Science Foundation, the Secretary of 
     Commerce, the National Security Council, and the heads of 
     other relevant Federal agencies, shall--
       (A) review such strategy, programs, and resources as the 
     Director of the Office of Science and Technology Policy 
     determines pertain to United States national competitiveness 
     in science, research, and innovation to support the national 
     security strategy;
       (B) develop a strategy for the Federal Government to 
     improve the national competitiveness of the United States in 
     science, research, and innovation to support the national 
     security strategy; and
       (C) submit to the appropriate committees of Congress--
       (i) a report on the findings of the Director with respect 
     to the review conducted under paragraph (1); and
       (ii) the strategy developed or revised under paragraph (2).
       (2) Applicable dates.--In each year, the applicable date 
     set forth under this paragraph is as follows:
       (A) In 2021, December 31, 2021.
       (B) In 2022 and every year thereafter--
       (i) in any year in which a new President is inaugurated, 
     October 1 of that year; and
       (ii) in any other year, the date that is 90 days after the 
     date of the transmission to Congress in that year of the 
     national security strategy.
       (c) Elements.--
       (1) Report.--Each report submitted under subsection 
     (b)(1)(C)(i) shall include the following:
       (A) An assessment of public and private investment in 
     civilian and military science and technology and its 
     implications for the geostrategic position and national 
     security of the United States.
       (B) A description of the prioritized economic security 
     interests and objectives of the United States relating to 
     science, research, and innovation and an assessment of how 
     investment in civilian and military science and technology 
     can advance those objectives.
       (C) An assessment of how regional efforts are contributing 
     and could contribute to the innovation capacity of the United 
     States, including--
       (i) programs run by State and local governments; and
       (ii) regional factors that are contributing or could 
     contribute positively to innovation.
       (D) An assessment of barriers to competitiveness in key 
     technology focus areas and barriers to the development and 
     evolution of start-ups, small and mid-sized business 
     entities, and industries in key technology focus areas.
       (E) An assessment of the effectiveness of the Federal 
     Government, federally funded research and development 
     centers, and national labs in supporting and promoting 
     technology commercialization and technology transfer, 
     including an assessment of the adequacy of Federal research 
     and development funding in promoting competitiveness and the 
     development of new technologies.
       (F) An assessment of manufacturing capacity, logistics, and 
     supply chain dynamics of major export sectors, including 
     access to a skilled workforce, physical infrastructure, and 
     broadband network infrastructure.
       (2) Strategy.--Each strategy submitted under subsection 
     (b)(1)(C)(ii) shall include the following:
       (A) A plan to utilize available tools to address or 
     minimize the leading threats and challenges and to take 
     advantage of the leading opportunities, including the 
     following:
       (i) Specific objectives, tasks, metrics, and milestones for 
     each relevant Federal agency.
       (ii) Specific plans to support public and private sector 
     investment in research, technology development, and domestic 
     manufacturing in key technology focus areas supportive of the 
     national economic competitiveness of the United States and to 
     foster the prudent use of public-private partnerships.
       (iii) Specific plans to promote environmental stewardship 
     and fair competition for United States workers.
       (iv) A description of--

       (I) how the strategy submitted under subsection (b)(3)(B) 
     supports the national security strategy; and
       (II) how the strategy submitted under such subsection is 
     integrated and coordinated with the most recent national 
     defense strategy under section 113(g) of title 10, United 
     States Code.

       (v) A plan to encourage the governments of countries that 
     are allies or partners of the United States to cooperate with 
     the execution of the strategy submitted under subsection 
     (b)(3)(B), where appropriate.
       (vi) A plan to encourage certain international and 
     multilateral organizations to support the implementation of 
     such strategy.
       (vii) A plan for how the United States should develop local 
     and regional capacity for building innovation ecosystems 
     across the nation by providing Federal support.
       (viii) A plan for strengthening the industrial base of the 
     United States.
       (B) An identification of additional resources, 
     administrative action, or legislative action recommended to 
     assist with the implementation of such strategy.
       (d) Form of Reports and Strategies.--Each report and 
     strategy submitted under subsection (b) shall be submitted in 
     unclassified form, but may include a classified annex.

     SEC. 1706. CONFORMING AMENDMENTS.

       (a) Scientific and Advanced-Technology Act of 1992.--The 
     Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 
     1862h et seq.) is amended--
       (1) in section 2(a)(5) (42 U.S.C. 1862h(a)(5)), by striking 
     ``National Science Foundation'' and inserting ``National 
     Science and Technology Foundation''; and
       (2) in section 3 (42 U.S.C. 1862i), by striking ``National 
     Science Foundation'' each place the term appears and 
     inserting ``National Science and Technology Foundation''.
       (b) National Science Foundation Authorization Act of 
     1998.--The National Science Foundation Authorization Act of 
     1998 (42 U.S.C. 1862k et seq.) is amended--
       (1) in each of paragraphs (1) and (2) of section 2 (112 
     Stat. 869), by striking ``National Science Foundation 
     established'' and inserting ``National Science and Technology 
     Foundation established''; and
       (2) in section 101(a)(6) (42 U.S.C. 1862k(a)(6)), by 
     striking ``National Science Foundation'' each place the term 
     appears and inserting ``National Science and Technology 
     Foundation''.
       (c) National Science Foundation Authorization Act of 
     2002.--The National Science Foundation Authorization Act of 
     2002 (42 U.S.C. 1862n et seq.) is amended--
       (1) in section 2 (42 U.S.C. 1862n note), by striking 
     ``National Science Foundation'' each place the term appears 
     and inserting ``National Science and Technology Foundation'';
       (2) in each of paragraphs (4) and (7) of section 4 (42 
     U.S.C. 1862n note), by striking ``National Science Foundation 
     established'' and inserting ``National Science and Technology 
     Foundation established''; and
       (3) in section 10A (42 U.S.C. 1862n-1a)--
       (A) in the section heading, by inserting ``and technology'' 
     after ``national science'';
       (B) in the subsection heading of subsection (e), by 
     inserting ``and Technology'' after ``National Science''; and
       (C) by striking ``National Science Foundation'' each place 
     the term appears and inserting ``National Science and 
     Technology Foundation''.
       (d) America COMPETES Act.--The America COMPETES Act (Public 
     Law 110-69; 121 Stat. 572) is amended--
       (1) in each of sections 1006(c)(1)(K) (15 U.S.C. 
     3718(c)(1)(K)), 4001 (33 U.S.C. 893), and 5003(b)(1), by 
     striking ``National Science Foundation'' and inserting 
     ``National Science and Technology Foundation'';
       (2) in section 7001(5) (42 U.S.C. 1862o note), by striking 
     ``National Science Foundation'' and inserting ``National 
     Science and Technology Foundation''; and
       (3) in the title heading for title VII, by inserting ``AND 
     TECHNOLOGY'' after ``NATIONAL SCIENCE''.
       (e) National Science and Technology Policy, Organization, 
     and Priorities Act of 1976.--The National Science and 
     Technology Policy, Organization, and Priorities Act of 1976 
     (42 U.S.C. 6601 et seq.) is amended--
       (1) in section 205(b)(2) (42 U.S.C. 6614(b)(2)), by 
     striking ``National Science Foundation'' and inserting 
     ``National Science and Technology Foundation''; and
       (2) in section 206 (42 U.S.C. 6615), by striking ``National 
     Science Foundation'' each place the term appears and 
     inserting ``National Science and Technology Foundation''.
       (f) America COMPETES Reauthorization Act of 2010.--The 
     America COMPETES Reauthorization Act of 2010 (Public Law 111-
     358; 124 Stat. 3982) is amended--
       (1) in the subtitle heading of subtitle A of title V, by 
     inserting ``and Technology'' after ``National Science'';
       (2) in section 502 (42 U.S.C. 1862p note)--
       (A) in paragraph (1), by striking ``National Science 
     Foundation'' and inserting ``National Science and Technology 
     Foundation''; and
       (B) in paragraph (3), by striking ``National Science 
     Foundation established'' and inserting ``National Science and 
     Technology Foundation established'';
       (3) in the section heading of section 506 (42 U.S.C. 1862p-
     1), by inserting ``and technology'' after ``national 
     science'';
       (4) in section 517 (42 U.S.C. 1862p-9)--
       (A) in paragraph (2) of subsection (a), by striking 
     ``National Science Foundation'' each place the term appears 
     and inserting ``National Science and Technology Foundation''; 
     and
       (B) in each of subsections (a)(4), (b), and (c)(2), by 
     striking ``National Science Foundation'' and inserting 
     ``National Science and Technology Foundation'';
       (5) in section 518 (124 Stat. 4015), by striking 
     ``Foundation.'' and inserting ``and Technology Foundation.'';
       (6) in section 519 (124 Stat. 4015)--
       (A) in the section heading, by inserting ``and technology'' 
     after ``national science''; and
       (B) by striking ``National Science Foundation'' each place 
     the term appears and inserting ``National Science and 
     Technology Foundation'';
       (7) in section 520 (42 U.S.C. 1862p-10)--
       (A) by striking ``National Science Foundation'' each place 
     the term appears and inserting ``National Science and 
     Technology Foundation''; and
       (B) in the subsection heading of subsection (b), by 
     striking ``NSF'' and inserting ``NSTF'';
       (8) in section 522 (42 U.S.C. 1862p-11)--

[[Page S3541]]

       (A) in the section heading, by striking ``nsf'' and 
     inserting ``nstf''; and
       (B) by striking ``National Science Foundation'' and 
     inserting ``National Science and Technology Foundation'';
       (9) in section 524 (42 U.S.C. 1862p-12), by striking 
     ``National Science Foundation'' each place the term appears 
     and inserting ``National Science and Technology Foundation''; 
     and
       (10) in section 555(5) (20 U.S.C. 9905(5)), by inserting 
     ``and Technology'' after ``National Science''.
       (g) STEM Education Act of 2015.--Each of sections 2 and 3 
     of the STEM Education Act of 2015 (42 U.S.C. 6621 note; 
     1862q) are amended by striking ``National Science 
     Foundation'' and inserting ``National Science and Technology 
     Foundation''.
       (h) Research Excellence and Advancements for Dyslexia 
     Act.--The Research Excellence and Advancements for Dyslexia 
     Act (Public Law 114-124; 130 Stat. 120) is amended by 
     striking ``National Science'' each place the term appears and 
     inserting ``National Science and Technology''.
       (i) American Innovation and Competitiveness Act.--The 
     American Innovation and Competitiveness Act (42 U.S.C. 1862s 
     et seq.) is amended--
       (1) in section 2 (42 U.S.C. 1862 note), by inserting ``and 
     Technology'' after ``National Science''; and
       (2) in section 601(a)(1) (42 U.S.C. 1862s-8(a)(1)), by 
     striking ``National Science'' each place the term appears and 
     inserting ``National Science and Technology''.
       (j) National Science Foundation Authorization Act, 1976.--
     The National Science Foundation Authorization Act, 1976 
     (Public Law 94-86) is amended--
       (1) in section 2(b) (42 U.S.C. 1869a), by striking 
     ``National Science Foundation'' each place the term appears 
     and inserting ``National Science and Technology Foundation''; 
     and
       (2) in section 6(a) (42 U.S.C. 1881a(a)), by striking 
     ``National Science Foundation'' and inserting ``National 
     Science and Technology Foundation''.
       (k) National Science Foundation Authorization Act, 1977.--
     Section 8 of the National Science Foundation Authorization 
     Act, 1977 (42 U.S.C. 1883) is amended by striking ``National 
     Science Foundation'' each place the term appears and 
     inserting ``National Science and Technology Foundation''.
       (l) National Science Foundation Authorization Act, Fiscal 
     Year 1978.--Section 8 of the National Science Foundation 
     Authorization Act, Fiscal Year 1978 (42 U.S.C. 1869b) is 
     amended by inserting ``and Technology'' after ``National 
     Science''.
       (m) Act of August 25, 1959.--The first section of the Act 
     of August 25, 1959 (42 U.S.C. 1880) is amended by inserting 
     ``and Technology'' after ``National Science''.
       (n) National Science Foundation Authorization Act for 
     Fiscal Year 1980.--Section 9 of the National Science 
     Foundation Authorization Act for Fiscal Year 1980 (42 U.S.C. 
     1882) is amended by striking ``National Science Foundation'' 
     each place the term appears and inserting ``National Science 
     and Technology Foundation''.
       (o) National Aeronautics and Space Administration 
     Authorization Act of 2005.--Section 721 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2005 (42 U.S.C. 1886a) is amended by striking ``The National 
     Science Foundation'' and inserting ``The National Science and 
     Technology Foundation''.
       (p) National Science Foundation Authorization Act for 
     Fiscal Year 1986.--Section 108 of the National Science 
     Foundation Authorization Act for Fiscal Year 1986 (42 U.S.C. 
     1886) is amended by inserting ``and Technology'' after 
     ``National Science''.
       (q) National Quantum Initiative Act.--The National Quantum 
     Initiative Act (Public Law 115-368) is amended--
       (1) in the table of contents in section 2, by striking the 
     item relating to title III and inserting the following:

    ``TITLE III--NATIONAL SCIENCE AND TECHNOLOGY FOUNDATION QUANTUM 
                             ACTIVITIES'';

       (2) in section 102(a)(2)(A) (15 U.S.C. 8812(a)(2)(A)), by 
     inserting ``and Technology'' after ``National Science'';
       (3) in section 103 (15 U.S.C. 8813), by striking ``National 
     Science Foundation'' each place the term appears and 
     inserting ``National Science and Technology Foundation'';
       (4) in the title heading for title III, by inserting ``AND 
     TECHNOLOGY'' after ``NATIONAL SCIENCE''; and
       (5) in each of sections 301 and 302 (15 U.S.C. 8841, 8842), 
     by striking ``National Science Foundation'' each place the 
     term appears and inserting ``National Science and Technology 
     Foundation''.
       (r) Cybersecurity Enhancement Act of 2014.--The 
     Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7421 et 
     seq.) is amended--
       (1) in section 201 (15 U.S.C. 7431), by striking ``National 
     Science Foundation'' each place the term appears and 
     inserting ``National Science and Technology Foundation''; and
       (2) in each of sections 301 and 302 (15 U.S.C. 7441, 7442), 
     by striking ``National Science Foundation'' each place the 
     term appears and inserting ``National Science and Technology 
     Foundation''.
       (s) High-performance Computing Act of 1991.--The High-
     Performance Computing Act of 1991 (15 U.S.C. 5501 et seq.) is 
     amended--
       (1) in section 101(a)(3)(C)(xi) 15 U.S.C. 
     5511(a)(3)(C)(xi)), by inserting ``and Technology'' after 
     ``National Science''; and
       (2) in section 201 (15 U.S.C. 5521)--
       (A) in the section heading, by inserting ``and technology'' 
     after ``national science''; and
       (B) by striking ``National Science Foundation'' each place 
     the term appears and inserting ``National Science and 
     Technology Foundation''.
       (t) Arctic Research and Policy Act of 1984.--The Arctic 
     Research and Policy Act of 1984 (15 U.S.C. 4101 et seq.) is 
     amended--
       (1) in each of sections 102(b)(3) and 103(b)(1) (15 U.S.C. 
     4101(b)(3), 4102(b)(1)), by inserting ``and Technology'' 
     after ``National Science''; and
       (2) in section 107 (15 U.S.C. 4106)--
       (A) in the subsection heading of subsection (a), by 
     inserting ``and Technology'' after ``National Science''; and
       (B) by striking ``National Science Foundation'' each place 
     the term appears and inserting ``National Science and 
     Technology Foundation''.
       (u) Stevenson-Wydler Technology Innovation Act of 1980.--
     The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.) is amended--
       (1) in each of sections 4(5), 5(a)(2)(A), 20, and 21(d) (15 
     U.S.C. 3703(5), 3704(a)(2)(A), 3712, and 3713(d)), by 
     inserting ``and Technology'' after ``National Science'';
       (2) in section 9 (15 U.S.C. 3707)--
       (A) in the section heading, by inserting ``and technology'' 
     after ``national science'';
       (B) in each of subsections (a) and (b), by striking 
     ``National Science Foundation'' and inserting ``National 
     Science and Technology Foundation''; and
       (C) in subsection (c)--
       (i) by striking ``National Science Foundation in'' and 
     inserting ``National Science and Technology Foundation in''; 
     and
       (ii) by striking ``National Science Foundation under'' and 
     inserting ``National Science and Technology Foundation 
     under''; and
       (3) in section 10 (15 U.S.C. 3708), by striking ``National 
     Science Foundation'' each place the term appears and 
     inserting ``National Science and Technology Foundation''.
       (v) Cyber Security Research and Development Act.--The Cyber 
     Security Research and Development Act (15 U.S.C. 7401 et 
     seq.) is amended--
       (1) in section 3(1) (15 U.S.C. 7402(1)), by inserting ``and 
     Technology'' after ``National Science'';
       (2) in section 5 (15 U.S.C. 7404)--
       (A) in the section heading, by inserting ``and technology'' 
     after ``national science'';
       (B) in subsection (c)(4), by inserting ``and Technology'' 
     after ``National Science''; and
       (C) in subsection (d), by striking ``National Science 
     Foundation's'' and inserting ``National Science and 
     Technology Foundation's''; and
       (3) in section 13 (15 U.S.C. 7409), by striking ``National 
     Science Foundation'' each place the term appears and 
     inserting ``National Science and Technology Foundation''.
       (w) National Superconductivity and Competitiveness Act of 
     1988.--Section 6 of the National Superconductivity and 
     Competitiveness Act of 1988 (15 U.S.C. 5205) is amended by 
     inserting ``and Technology'' after ``National Science''.
       (x) Weather Research and Forecasting Innovation Act of 
     2017.--Each of sections 105 and 402(a)(1) of the Weather 
     Research and Forecasting Innovation Act of 2017 (15 U.S.C. 
     8515, 8542(a)(1)) are amended by inserting ``and Technology'' 
     after ``National Science''.
                                 ______
                                 
  SA 2103. Ms. HASSAN (for herself and Mr. Johnson) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 IX, add the following:

     SEC. ___. THREATS TO UNITED STATES FORCES FROM SMALL UNMANNED 
                   AERIAL SYSTEMS WORLDWIDE.

       (a) Findings.--Congress makes the following findings:
       (1) United States military forces face an ever increasing 
     and constantly evolving threat from small unmanned aerial 
     systems in operations worldwide, whether in the United States 
     or abroad.
       (2) The Department of Defense is already doing important 
     work to address the threats from small unmanned aerial 
     systems worldwide, though the need for engagement in that 
     area continues.
       (b) Executive Agent.--
       (1) In general.--The Secretary of the Army is the executive 
     agent of the Department of Defense for programs, projects, 
     and activities to counter small unmanned aerial systems (in 
     this section referred to as the ``Counter-Small Unmanned 
     Aerial Systems Program'').
       (2) Functions.--The functions of the Secretary as executive 
     agent shall be as follows:
       (A) To develop the strategy required by subsection (c).
       (B) To carry out such other activities to counter threats 
     to United States forces worldwide from small unmanned aerial 
     systems as the Secretary of Defense and the Secretary of the 
     Army consider appropriate.

[[Page S3542]]

       (3) Structure.--The Secretary as executive agent shall 
     carry out the functions specified in paragraph (2) through 
     such administrative structures as the Secretary considers 
     appropriate.
       (c) Strategy To Counter Threats From Small Unmanned Aerial 
     Systems.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of the Army, as 
     executive agent for the Counter-Small Unmanned Aerial Systems 
     Program, shall develop and submit to relevant committees of 
     Congress a strategy for the Armed Forces to effectively 
     counter threats from small unmanned aerial systems worldwide. 
     The report shall be submitted in classified form.
       (d) Report on Executive Agent Activities.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of the Army, 
     as executive agent for the Counter-Small Unmanned Aerial 
     Systems Program, shall submit to Congress a report on the 
     Counter-Small Unmanned Aerial Systems Program.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description and assessment of the structure and 
     activities of the executive agent as established and put in 
     place by the Secretary, including the following:
       (i) Any obstacles hindering the effective discharge of its 
     functions and activities, including limitations in 
     authorities or policy.
       (ii) The changes, if any, to airspace management, rules of 
     engagement, and training plans that are required in order to 
     optimize the use by the Armed Forces of counter-small 
     unmanned aerial systems.
       (B) An assessment of the implementation of the strategy 
     required by subsection (c), and a description of any updates 
     to the strategy that are required in light of evolving 
     threats to the Armed Forces from small unmanned aerial 
     systems.
       (e) Report on Threat From Small Unmanned Aerial Systems.--
       (1) Report required.--Not later than 180 days after the 
     submittal of the strategy required by subsection (c), the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a report that sets forth a direct 
     comparison between the threats United States forces in combat 
     settings face from small unmanned aerial systems and the 
     capabilities of the United States to counter such threats. 
     The report shall be submitted in classified form.
       (2) Coordination.--The Secretary shall prepare the report 
     required by paragraph (1) in coordination with the Director 
     of the Defense Intelligence Agency and with such other 
     appropriate officials of the intelligence community, and such 
     other officials in the United States Government, as the 
     Secretary considers appropriate.
       (3) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An evaluation and assessment of the current and 
     evolving threat being faced by United States forces from 
     small unmanned aerial systems.
       (B) A description of the counter-small unmanned aerial 
     system systems acquired by the Department of Defense as of 
     the date of the enactment of this Act, and an assessment 
     whether such systems are adequate to meet the current and 
     evolving threat described in subparagraph (A).
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (f) Independent Assessment of Counter-Small Unmanned Aerial 
     Systems Program.--
       (1) Assessment.--Not later than 60 days after the submittal 
     of the strategy required by subsection (c), the Secretary of 
     Defense shall seek to enter into a contract with a Federally 
     funded research and development center to conduct an 
     assessment of the efficacy of the Counter-Small Unmanned 
     Aerial Systems Program.
       (2) Elements.--The assessment conducted pursuant to 
     paragraph (1) shall include the following:
       (A) An identification of metrics to assess progress in the 
     implementation of the strategy required by subsection (c), 
     which metrics shall take into account the threat assessment 
     required for purposes of subsection (e).
       (B) An assessment of progress, and key challenges, in the 
     implementation of the strategy using such metrics, and 
     recommendations for improvements in the implementation of the 
     strategy.
       (C) An assessment of the extent to which the Department of 
     Defense is coordinating adequately with other departments and 
     agencies of the United States Government, and other 
     appropriate entities, in the development and procurement of 
     counter-small unmanned aerial systems for the Department.
       (D) An assessment of the extent to which the designation of 
     the Secretary of the Army as executive agent for the Counter-
     Small Unmanned Aerial Systems Program has reduced 
     redundancies and increased efficiencies in procurement of 
     counter-small unmanned aerial systems.
       (E) An assessment whether United States technological 
     progress on counter-small unmanned aerial systems is 
     sufficient to maintain a competitive edge over the small 
     unmanned aerial systems technology available to United States 
     adversaries.
       (3) Report.--Not later than 180 days after entry into the 
     contract referred to in paragraph (1), the Secretary shall 
     submit to the congressional defense committees a report 
     setting forth the results of the assessment required under 
     the contract.
                                 ______
                                 
  SA 2104. Ms. HASSAN submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XVI, add the following:

     SEC. ___. NATIONAL GUARD CYBER SUPPORT AND CYBER SERVICES FOR 
                   GOVERNMENTAL ENTITIES OUTSIDE THE DEPARTMENT OF 
                   DEFENSE AND NONGOVERNMENTAL ENTITIES.

       (a) Cyber Support and Cyber Services Authorized.--The 
     National Guard may provide cyber support and cyber services 
     incidental to military training to organizations and 
     activities outside the Department of Defense, including 
     governmental and nongovernmental entities.
       (b) Policies.--The Secretary of Defense, in coordination 
     with the Chief of the National Guard Bureau, shall issue or 
     revise such policies as the Secretary considers appropriate 
     to exercise the authority provided by subsection (a).
       (c) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Chief of the National Guard Bureau, 
     shall submit to Congress a report on the exercise of the 
     authority provided by subsection (a) and the activities under 
     subsection (b).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An explanation of the structure of such working groups 
     as may be tasked to carry out subsection (b).
       (B) A status update on the progress of such working groups.
       (C) Interim results and anticipated draft changes to any 
     policies that may be revised under subsection (b).
       (D) Any anticipated delays or obstacles to issuing the 
     policy required by subsection (b).
       (E) Such other matters as the Secretary considers 
     appropriate or necessary for congressional action.
                                 ______
                                 
  SA 2105. Ms. HASSAN (for herself, Ms. Warren, Mr. Durbin, and Mr. 
Brown) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. ESTABLISHMENT AND MAINTENANCE OF COMPLAINT 
                   RESOLUTION AND TRACKING SYSTEM.

       Title I of the Higher Education Act of 1965 (20 U.S.C. 1001 
     et seq.) is amended by adding at the end the following:

                  ``PART F--COMPLAINT TRACKING SYSTEM

     ``SEC. 161. COMPLAINT TRACKING SYSTEM.

       ``(a) In General.--
       ``(1) In general.--The Secretary shall maintain a complaint 
     tracking system that includes a single, toll-free telephone 
     number and a website to facilitate the centralized collection 
     of, monitoring of, and response to complaints and reports 
     (including evidence, as available) of suspicious activity 
     (such as unfair, deceptive, or abusive acts or practices) 
     regarding--
       ``(A) Federal student financial aid and the servicing of 
     postsecondary education loans by loan servicers;
       ``(B) educational practices and services of institutions of 
     higher education; and
       ``(C) the recruiting and marketing practices of 
     institutions of higher education.
       ``(2) Definitions.--In this section:
       ``(A) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 102.
       ``(B) Recruiting and marketing activities.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `recruiting and marketing activities' shall include the 
     following:

       ``(I) Advertising and promotion activities, including paid 
     announcements in newspapers, magazines, radio, television, 
     billboards, electronic media, naming rights, or any other 
     public medium of communication, including paying for displays 
     or promotions at job fairs, military installations, or 
     college recruiting events.
       ``(II) Efforts to identify and attract prospective 
     students, either directly or through a third party 
     contractor, including contact concerning a prospective 
     student's potential enrollment or application for grant, 
     loan, or

[[Page S3543]]

     work assistance under title IV or participation in 
     preadmission or advising activities, including--

       ``(aa) paying employees responsible for overseeing 
     enrollment and for contacting potential students in-person, 
     by phone, by email, or by other Internet communications 
     regarding enrollment; and
       ``(bb) soliciting an individual to provide contact 
     information to an institution of higher education, including 
     websites established for such purpose and funds paid to third 
     parties for such purpose.

       ``(III) Such other activities as the Secretary may 
     prescribe, including paying for promotion or sponsorship of 
     education or military-related associations.

       ``(ii) Exceptions.--Any activity that is required as a 
     condition of receipt of funds by an institution under title 
     IV, is specifically authorized under such title, or is 
     otherwise specified by the Secretary, shall not be considered 
     to be a covered activity under this subparagraph.
       ``(b) Complaints.--Complaints and reports of suspicious 
     activity submitted to the tracking system by students, 
     borrowers of student loans, staff, or the general public--
       ``(1) may remain anonymous, if the complainant so chooses; 
     and
       ``(2) may describe problems that are systematic in nature 
     and not associated with a particular student.
       ``(c) Establishment of Complaint Tracking Office.--The 
     Secretary shall establish within the Department an office 
     whose functions shall include establishing and administering 
     the complaint tracking system, and widely disseminating 
     information about the complaint tracking system, established 
     under this subsection. The Secretary shall--
       ``(1) to the extent necessary, combine and consolidate the 
     other offices and functions of the Department to ensure that 
     the office established under this subsection is the single 
     point of contact for students and borrowers with complaints 
     or reports of suspicious activity regarding Federal student 
     financial aid, student loan servicers, educational practices 
     and services of institutions of higher education, and 
     recruiting and marketing activities of institutions of higher 
     education; and
       ``(2) to the extent practicable, ensure that the office 
     established under this subsection will work with the Student 
     Loan Ombudsman appointed in accordance with section 141(f) 
     and the Student Loan Ombudsman of the Bureau of Consumer 
     Financial Protection to assist borrowers of Federal student 
     loans that submit complaints or reports of suspicious 
     activity to the complaint tracking system.
       ``(d) Handling of Complaints.--
       ``(1) Timely response to complaints.--The Secretary shall 
     establish, in consultation with the heads of appropriate 
     agencies (including the Director of the Bureau of Consumer 
     Financial Protection), reasonable procedures to provide a 
     response to complainants not more than 90 days after 
     receiving a complaint in the complaint tracking system, in 
     writing where appropriate. Each response shall include a 
     description of--
       ``(A) the steps that have been taken by the Secretary in 
     response to the complaint or report of suspicious activity;
       ``(B) any responses received by the Secretary from the 
     institution of higher education or from a servicer; and
       ``(C) any additional actions that the Secretary has taken, 
     or plans to take, in response to the complaint or report of 
     suspicious activity.
       ``(2) Timely response to secretary by institution of higher 
     education or loan servicer.--If the Secretary determines that 
     it is necessary, the Secretary shall notify an institution of 
     higher education or loan servicer that is the subject of a 
     complaint or report of suspicious activity through the 
     complaint tracking system under this subsection regarding the 
     complaint or report and directly address and resolve the 
     complaint or report in the system. Not later than 60 days 
     after receiving such notice, such institution or loan 
     servicer shall provide a response to the Secretary concerning 
     the complaint or report, including--
       ``(A) the steps that have been taken by the institution or 
     loan servicer to respond to the complaint or report;
       ``(B) all responses received by the institution or loan 
     servicer from the complainant; and
       ``(C) any additional actions that the institution or loan 
     servicer has taken, or plans to take, in response to the 
     complaint or report.
       ``(3) Further investigation.--The Secretary may, in the 
     event that the complaint is not adequately resolved or 
     addressed by the responses of the institution of higher 
     education or loan servicer under paragraph (2), ask 
     additional questions of such institution or loan servicer or 
     seek additional information from or action by the institution 
     or loan servicer.
       ``(4) Provision of information.--
       ``(A) In general.--An institution of higher education or 
     loan servicer shall, in a timely manner, comply with a 
     request by the Secretary for information in the control or 
     possession of such institution or loan servicer concerning a 
     complaint or report of suspicious activity received by the 
     Secretary under this subsection, including supporting written 
     documentation, subject to subparagraph (B).
       ``(B) Exceptions.--An institution of higher education or 
     loan servicer shall not be required to make available under 
     this subsection--
       ``(i) any nonpublic or confidential information, including 
     any confidential commercial information;
       ``(ii) any information collected by the institution for the 
     purpose of preventing fraud or detecting or making any report 
     regarding other unlawful or potentially unlawful conduct; or
       ``(iii) any information required to be kept confidential by 
     any other provision of law.
       ``(5) Compliance.--An institution of higher education or 
     loan servicer shall comply with the requirements to provide 
     responses and information, in accordance with this 
     subsection, as a condition of receiving funds under title IV 
     or as a condition of the contract with the Department, as 
     applicable.
       ``(e) Transparency.--
       ``(1) Collecting and sharing information with federal, 
     state, and nationally recognized accrediting agencies.--In 
     accordance with section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g) (commonly referred to as the 
     `Family Educational Rights and Privacy Act of 1974') and 
     other laws, the Secretary shall coordinate with the heads of 
     relevant Federal or State agencies or entities, and 
     nationally recognized accrediting agencies or associations 
     recognized by the Secretary pursuant to section 496 to--
       ``(A) collect any complaints and reports of suspicious 
     activity described in subsection (a)(1) from such agencies, 
     entities, or associations; and
       ``(B) route complaints and reports received by the 
     complaint tracking system under this section and complaints 
     and reports collected in accordance with subparagraph (A) to 
     the Department, the Department of Justice, the Department of 
     Defense, the Department of Veterans Affairs, the Federal 
     Trade Commission Consumer Sentinel Network, the Bureau of 
     Consumer Financial Protection, any equivalent State agency, 
     or the relevant nationally recognized accrediting agency or 
     association.
       ``(2) Interaction with existing complaint systems.--To the 
     extent practicable, all procedures established under this 
     section, and all coordination carried out under paragraph 
     (1), shall be established and carried out in accordance with 
     the complaint tracking systems established under Executive 
     Order 13607 (77 Fed. Reg. 25861; relating to establishing 
     principles of excellence for educational institutions serving 
     servicemembers, veterans, spouses, and other family members).
       ``(3) Public information.--
       ``(A) In general.--The Secretary shall, on an annual basis, 
     publish on the website of the Department information on the 
     complaints and reports of suspicious activity received for 
     each institution of higher education or loan servicer under 
     this subsection, including--
       ``(i) the number of complaints and reports received;
       ``(ii) the types of complaints and reports received; and
       ``(iii) where applicable, information about the resolution 
     of the complaints and reports.
       ``(B) Data privacy.--In carrying out subparagraph (A), the 
     Secretary shall--
       ``(i) comply with applicable data privacy laws and 
     regulations; and
       ``(ii) ensure that personally identifiable information is 
     not shared.
       ``(4) Reports.--Each year, the Secretary shall prepare and 
     submit to Congress a report describing--
       ``(A) the types and nature of complaints or reports the 
     Secretary has received under this section;
       ``(B) the extent to which complainants are receiving 
     adequate resolution pursuant to this section;
       ``(C) whether particular types of complaints or reports are 
     more common in a given sector of institutions of higher 
     education or with particular loan servicers;
       ``(D) any legislative recommendations that the Secretary 
     determines are necessary to better assist students and 
     families regarding the activities described in subsection 
     (a)(1); and
       ``(E) the institutions of higher education and loan 
     servicers with the highest volume of complaints and reports, 
     as determined by the Secretary.''.
                                 ______
                                 
  SA 2106. Mrs. GILLIBRAND (for herself and Mr. Merkley) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 320. INCREASE IN AUTHORIZATIONS FOR PURPOSES OF 
                   REMEDIATION OF PERFLUOROALKYL AND 
                   POLYFLUOROALKYL SUBSTANCES.

       (a) In General.--The amount authorized to be appropriated 
     by this Act for fiscal year 2021 for the accounts of the 
     Department of Defense specified in subsection (b) shall be 
     increased by the amounts specified in such subsection and the 
     amount of such increase shall be used for purposes of 
     remediation of perfluoroalkyl substances and polyfluoroalkyl 
     substances.
       (b) Accounts Increased.--The accounts of the Department 
     specified in this subsection,

[[Page S3544]]

     and the amounts of any increase so specified, are the 
     following:
       (1) The amount authorized to be appropriated for 
     Environmental Restoration, Navy shall be increased by 
     $17,000,000.
       (2) The amount authorized to be appropriated for Operation 
     and Maintenance, Navy shall be increased by $13,600,000.
       (3) The amount authorized to be appropriated for Operation 
     and Maintenance, Army National Guard shall be increased by 
     $20,000,000.
       (4) The amount authorized to be appropriated for Operation 
     and Maintenance, Air National Guard shall be increased by 
     $15,000,000.
       (c) Offset.--The amount authorized to be appropriated by 
     this Act for fiscal year 2021 for operation and maintenance 
     for the Army, SAG212, Army preposition stocks shall be 
     reduced by $65,600,000.
                                 ______
                                 
  SA 2107. Ms. ROSEN submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. CYBERSECURITY EDUCATION AND TRAINING ASSISTANCE 
                   PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States continues to face critical shortages 
     in the national cybersecurity workforce;
       (2) the Cybersecurity and Infrastructure Security Agency 
     within the Department of Homeland Security has the 
     responsibility to manage cyber and physical risks to our 
     critical infrastructure, including by ensuring a national 
     workforce supply to support cybersecurity through education, 
     training, and capacity development efforts;
       (3) to reestablish the technology leadership, security, and 
     economic competitiveness of the United States, the 
     Cybersecurity and Infrastructure Security Agency should 
     create a sustainable pipeline by strengthening K-12 
     cybersecurity outreach and education nationwide.
       (b) Authorities.--Section 2202(e)(1) of the Homeland 
     Security Act of 2002 (6 U.S.C. 652(e)(1)) is amended by 
     adding at the end the following:
       ``(R) To encourage and build cybersecurity awareness and 
     competency across the United States and to develop, attract, 
     and retain the cybersecurity workforce necessary for the 
     cybersecurity related missions of the Department, including 
     by--
       ``(i) overseeing K-12 cybersecurity education and awareness 
     related programs at the agency;
       ``(ii) leading efforts to develop, attract, and retain the 
     cybersecurity workforce necessary for the cybersecurity 
     related missions of the Department;
       ``(iii) encouraging and building cybersecurity awareness 
     and competency across the United States; and
       ``(iv) carrying out cybersecurity related workforce 
     development activities, including through--

       ``(I) increasing the pipeline of future cybersecurity 
     professionals through programs focused on K-12, higher 
     education, and non-traditional students; and
       ``(II) building awareness of and competency in 
     cybersecurity across the civilian Federal government 
     workforce.''.

       (c) Education, Training, and Capacity Development.--Section 
     2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 
     652(c)) is amended--
       (1) by redesignating paragraph (11) as paragraph (12);
       (2) in paragraph (10), by striking ``and'' at the end; and
       (3) by inserting after paragraph (10) the following:
       ``(11) provide education, training, and capacity 
     development for Federal and non-Federal entities to enhance 
     the security and resiliency of domestic and global 
     cybersecurity and infrastructure security; and''.
       (d) Establishment of Training Programs.--Subtitle A of 
     title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 
     et seq.) is amended by adding at the end the following:

     ``SEC. 2215. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.

       ``(a) Establishment.--
       ``(1) In general.--The Cybersecurity Education and Training 
     Assistance Program (referred to in this section as `CETAP') 
     is established within the Agency.
       ``(2) Purpose.--The purpose of CETAP shall be to support 
     the effort of the Agency in building and strengthening a 
     national cybersecurity workforce pipeline capacity through 
     enabling K-12 cybersecurity education, including by--
       ``(A) providing foundational cybersecurity awareness and 
     literacy;
       ``(B) encouraging cybersecurity career exploration; and
       ``(C) supporting the teaching of cybersecurity skills at 
     the K-12 levels.
       ``(b) Requirements.--In carrying out CETAP, the Director 
     shall--
       ``(1) ensure that the program--
       ``(A) creates and disseminates K-12 cybersecurity-focused 
     curricula and career awareness materials;
       ``(B) conducts professional development sessions for 
     teachers;
       ``(C) develops resources for the teaching of K-12 
     cybersecurity-focused curricula;
       ``(D) provides direct student engagement opportunities 
     through camps and other programming;
       ``(E) engages with local and State education authorities to 
     promote awareness of the program and ensure that offerings 
     align with State and local standards;
       ``(F) integrates with existing post-secondary education and 
     workforce development programs at the Department;
       ``(G) establishes and maintains national standards for K-12 
     cyber education;
       ``(H) partners with cybersecurity and education stakeholder 
     groups to expand outreach; and
       ``(I) any other activity the Director determines necessary 
     to meet the purpose described in subsection (a)(2); and
       ``(2) enable the deployment of CETAP nationwide, with 
     special consideration for underserved populations or 
     communities.
       ``(c) Briefings.--
       ``(1) In general.--Not later than 1 year after the 
     establishment of CETAP, and annually thereafter, the 
     Secretary shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives on the 
     program.
       ``(2) Contents.--Each briefing conducted under paragraph 
     (1) shall include--
       ``(A) estimated figures on the number of students reached 
     and teachers engaged;
       ``(B) information on community outreach and State 
     engagement efforts;
       ``(C) information on new curricula offerings and teacher 
     training platforms; and
       ``(D) information on coordination with post-secondary 
     education and workforce development programs at the 
     Department.
       ``(d) Mission Promotion.--The Director may use appropriated 
     amounts to purchase promotional and recognition items and 
     marketing and advertising services to publicize and promote 
     the mission and services of the Agency, support the 
     activities of the Agency, and to recruit and retain Agency 
     personnel.''.
       (e) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 2214 the following:

``Sec. 2215. Cybersecurity Education and Training Programs.''.
                                 ______
                                 
  SA 2108. Ms. ROSEN (for herself, Mr. Rounds, Mr. Peters, and Mr. 
Jones) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title V, add the following:

     SEC. ___. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR 
                   RESERVE OFFICERS' TRAINING CORPS.

       (a) Program Required.--
       (1) In general.--Chapter 102 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2036. Grants to support science, technology, 
       engineering, and mathematics education

       ``(a) Program Required.--The Secretary, in consultation 
     with the Secretary of Education, may carry out a program to 
     make grants to eligible entities to assist such entities in 
     providing education in covered subjects to students in the 
     Junior Reserve Officers' Training Corps.
       ``(b) Coordination.--In carrying out the program under 
     subsection (a), the Secretary may coordinate with the 
     following:
       ``(1) The Secretaries of the military departments.
       ``(2) The Secretary of Education.
       ``(3) The Director of the National Science Foundation.
       ``(4) The Administrator of the National Aeronautics and 
     Space Administration.
       ``(5) The heads of such other Federal, State, and local 
     government entities the Secretary of Defense determines to be 
     appropriate.
       ``(6) Private sector organizations as the Secretary of 
     Defense determines appropriate.
       ``(c) Activities.--Activities funded with grants under this 
     section may include the following:
       ``(1) Training and other support for instructors to teach 
     courses in covered subjects to students.
       ``(2) The acquisition of materials, hardware, and software 
     necessary for the instruction of covered subjects.
       ``(3) Activities that improve the quality of educational 
     materials, training opportunities, and curricula available to 
     students and instructors in covered subjects.
       ``(4) Development of travel opportunities, demonstrations, 
     mentoring programs, and informal education in covered 
     subjects for students and instructors.

[[Page S3545]]

       ``(5) Students' pursuit of certifications in covered 
     subjects.
       ``(d) Preference.--In making grants under this section, the 
     Secretary shall give preference to eligible entities that are 
     eligible for assistance under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.).
       ``(e) Evaluations.--The Secretary shall establish outcome-
     based metrics and internal and external assessments to 
     evaluate the merits and benefits of the activities funded 
     with grants under this section with respect to the needs of 
     the Department of Defense.
       ``(f) Authorities.--In carrying out the program under this 
     section, the Secretary shall, to the extent practicable, make 
     use of the authorities under chapter 111 and sections 2601 
     and 2605 of this title, and other authorities the Secretary 
     determines appropriate.
       ``(g) Definitions.--In this section:
       ``(1) The term `eligible entity' means a local education 
     agency that hosts a unit of the Junior Reserve Officers' 
     Training Corps.
       ``(2) The term `covered subjects' means--
       ``(A) science;
       ``(B) technology;
       ``(C) engineering;
       ``(D) mathematics;
       ``(E) computer science;
       ``(F) computational thinking;
       ``(G) artificial intelligence;
       ``(H) machine learning;
       ``(I) data science;
       ``(J) cybersecurity;
       ``(K) robotics; and
       ``(L) other subjects determined by the Secretary of Defense 
     to be related to science, technology, engineering, and 
     mathematics.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 102 of such title is amended by adding 
     at the end the following new item:

``2036. Grants to support science, technology, engineering, and 
              mathematics education.''.
       (b) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     activities carried out under section 2036 of title 10, United 
     States Code (as added by subsection (a)).
                                 ______
                                 
  SA 2109. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH 
                   VIETNAM, THAILAND, AND INDONESIA.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Secretary of State, may establish a pilot program in 
     Vietnam, Thailand, and Indonesia--
       (1) to enhance the cyber security, resilience, and 
     readiness of Vietnam, Thailand, and Indonesia; and
       (2) to increase regional cooperation between the United 
     States and Vietnam, Thailand, and Indonesia on cyber issues.
       (b) Elements.--The activities of the pilot program under 
     subsection (a) shall include the following:
       (1) Provision of training to cybersecurity and computer 
     science professionals in Vietnam, Thailand, and Indonesia.
       (2) An expansion of the capacity of organizations involved 
     in the training of such cybersecurity and computer science 
     professionals.
       (3) The facilitation of regular policy dialogues between 
     and among the United States Government and the governments of 
     Vietnam, Thailand, and Indonesia with respect to the 
     development of infrastructure to protect against cyber 
     attacks.
       (4) An evaluation of legal and other barriers to reforms 
     relevant to cybersecurity and technology in Vietnam, 
     Thailand, and Indonesia.
       (5) A feasibility study on establishing a public-private 
     partnership to build cloud-computing capacity in Vietnam, 
     Thailand, and Indonesia and in Southeast Asia more broadly.
       (6) The development of cooperative exercises, to be carried 
     out in future years, to enhance collaboration between the 
     United States Government and the governments of Vietnam, 
     Thailand, and Indonesia.
       (c) Funding.--The Secretary of Defense may enter into 
     cooperative agreements with entities that receive funds under 
     section 211 of the Vietnam Education Foundation Act of 2000 
     (title II of division B of H.R. 5666, as enacted by section 
     1(a)(4) of Public Law 106-554 and contained in appendix D of 
     that Act; 114 Stat. 2763A-254; 22 U.S.C. 2452 note), as added 
     by section 7085 of the Consolidated and Further 
     Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 
     2685), to carry out the pilot program under subsection (a).
       (d) Reports.--
       (1) Design of pilot program.--Not later than June 1, 2021, 
     the Secretary of Defense, in consultation with the Secretary 
     of State, shall submit to the appropriate committees of 
     Congress a report on the design of the pilot program under 
     subsection (a).
       (2) Progress report.--Not later than December 31, 2021, the 
     Secretary of Defense, in consultation with the Secretary of 
     State, shall submit to the appropriate committees of Congress 
     a report on the pilot program under subsection (a) that 
     includes--
       (A) a description of the activities conducted and the 
     results of such activities; and
       (B) an assessment of legal and other barriers to reforms 
     relevant to cybersecurity and technology in Vietnam, 
     Thailand, and Indonesia.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for fiscal year 2021 to carry 
     out this section.
       (f) Offset.--The amount authorized to be appropriated by 
     this Act for operation and maintenance, Navy, and available 
     for SAG 1CCS for military information support operations, is 
     hereby reduced by $5,000,000.
       (g) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2110. Mr. CARPER (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED CAUSE 
                   OF DISABILITY OR DEATH FOR FEDERAL EMPLOYEES IN 
                   FIRE PROTECTION ACTIVITIES.

       (a) Definition.--Section 8101 of title 5, United States 
     Code, is amended--
       (1) in paragraph (18), by striking ``and'' at the end;
       (2) in paragraph (19), by striking ``and'' at the end;
       (3) in paragraph (20), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(21) `employee in fire protection activities' means an 
     employee--
       ``(A) serving as a firefighter, a paramedic, an emergency 
     medical technician, a rescue worker, ambulance personnel, or 
     a hazardous material worker; and
       ``(B) who--
       ``(i) is trained in fire suppression;
       ``(ii) has the legal authority and responsibility to engage 
     in fire suppression;
       ``(iii) is engaged in the prevention, control, and 
     extinguishment of fires or response to emergency situations 
     in which life, property, or the environment is at risk; and
       ``(iv) performs such activities as a primary responsibility 
     of the duty of the employee.''.
       (b) Presumption Relating to Employees in Fire Protection 
     Activities.--Section 8102 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(c)(1) Subject to paragraph (2), and any length of 
     service limitation under paragraph (3), with respect to an 
     employee in fire protection activities--
       ``(A) a disease described in paragraph (3) shall be 
     presumed to be proximately caused by the employment of the 
     employee; and
       ``(B) the disability or death of the employee due to a 
     disease described in paragraph (3) shall be presumed to 
     result from personal injury sustained while in the 
     performance of the duty of the employee.
       ``(2) With respect to any presumption described in 
     paragraph (1)--
       ``(A) the presumption shall apply with respect to an 
     employee in fire protection activities only if the employee 
     is diagnosed with the disease with respect to which the 
     presumption is sought not later than 10 years after the last 
     day on which the employee is an active employee in fire 
     protection activities; and
       ``(B) the presumption may be rebutted by a preponderance of 
     the evidence.
       ``(3) The following diseases shall be presumed to be 
     proximately caused by the employment of an employee in fire 
     protection activities:
       ``(A) If the employee has been employed for not less than 5 
     years in the aggregate as an employee in fire protection 
     activities:
       ``(i) Heart disease.
       ``(ii) Lung disease.
       ``(iii) The following cancers:
       ``(I) Brain cancer.
       ``(II) Cancer of the blood or lymphatic systems.
       ``(III) Leukemia.
       ``(IV) Lymphoma (except Hodgkin's disease).
       ``(V) Multiple myeloma.
       ``(VI) Bladder cancer.
       ``(VII) Kidney cancer.
       ``(VIII) Testicular cancer.
       ``(IX) Cancer of the digestive system.
       ``(X) Colon cancer.
       ``(XI) Liver cancer.
       ``(XII) Skin cancer.
       ``(XIII) Lung cancer.
       ``(XIV) Breast cancer.
       ``(iv) Any other cancer, the contraction of which the 
     Secretary of Labor, by rule, determines to be related to the 
     hazards to which

[[Page S3546]]

     an employee in fire protection activities may be subject.
       ``(B) Without regard to the length of time that an employee 
     in fire protection activities has been employed, any uncommon 
     infectious disease, including--
       ``(i) tuberculosis;
       ``(ii) hepatitis A, B, or C;
       ``(iii) the human immunodeficiency virus (commonly known as 
     `HIV'); and
       ``(iv) any other uncommon infectious disease, the 
     contraction of which the Secretary of Labor, by rule, 
     determines to be related to the hazards to which an employee 
     in fire protection activities may be subject.''.
       (c) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Director of the National Institute 
     for Occupational Safety and Health shall--
       (1) examine the implementation of this section, and the 
     amendments made by this section, and appropriate scientific 
     and medical data relating to the health risks associated with 
     firefighting; and
       (2) submit to Congress a report, which shall include--
       (A) an analysis of the claims for compensation made under 
     the amendments made by this section;
       (B) an analysis of the available research relating to the 
     health risks associated with firefighting; and
       (C) recommendations for any administrative or legislative 
     actions necessary to ensure that those diseases most 
     associated with firefighting are included in the presumptions 
     under subsection (c) of section 8102 of title 5, United 
     States Code, as added by subsection (b) of this section.
       (d) Application.--The amendments made by this section shall 
     apply to a disability or death that occurs on or after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 2111. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 1287. 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 2112. Ms. BALDWIN (for herself, Mr. Murphy, Mr. Blumenthal, Mrs. 
Shaheen, Ms. Hassan, Mr. Merkley, Mr. Menendez, Ms. Warren, Mr. Jones, 
Mr. Bennet, Ms. Hirono, Mr. Markey, Mr. Durbin, Mr. Schatz, Mr. Kaine, 
Mr. Warner, Ms. Harris, Ms. Duckworth, Mr. Brown, Mr. Schumer, and Mr. 
Manchin) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 H--Transparency and Delivery of Medical Supplies

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Medical Supply 
     Transparency and Delivery Act''.

     SEC. 1092. EMERGENCY PRODUCTION OF MEDICAL EQUIPMENT AND 
                   SUPPLIES TO ADDRESS COVID-19.

       (a) Executive Officer for Critical Medical Equipment and 
     Supplies.--
       (1) Appointment.--Not later than 3 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     appoint, detail, or temporarily assign a civilian to serve as 
     the Executive Officer for Critical Medical Equipment and 
     Supplies (in this section referred to as the ``Executive 
     Officer''), who shall--
       (A) direct, through the National Response Coordination 
     Center of the Federal Emergency Management Agency, the 
     national production and distribution of critical medical 
     equipment and supplies, including personal protective 
     equipment, in support of the response of the Federal 
     Emergency Management Agency to the Coronavirus Disease 2019 
     (commonly known as ``COVID-19''); and
       (B) report directly to the Administrator of the Federal 
     Emergency Management Agency for the duration of the 
     appointment, detail, or temporary assignment.
       (2) Qualifications.--The Secretary of Defense, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency, shall select the individual to serve as 
     the Executive Officer from among individuals with sufficient 
     experience in defense and industrial acquisition and 
     production matters, including such matters as described in 
     section 668(a)(1)(B) of title 10, United States Code.
       (3) Authorities.--The Executive Officer, acting through the 
     National Response Coordination Center and in direct 
     consultation with the Secretary of Homeland Security, the 
     Secretary of Defense, the Secretary of Health and Human 
     Services, and the Secretary of Commerce, shall use all 
     available Federal acquisition authorities, including the 
     authorities described under sections 101(b), 102, 301, 302, 
     303, 704, 705, 706, 708(c) and (d), and 710 of the Defense 
     Production Act of 1950 (50 U.S.C. 4511(b), 4512, 4531, 4532, 
     4533, 4554, 4555, 4556, 4558 (c) and (d), and 4560), to 
     oversee all acquisition and logistics functions related to 
     the response by the National Response Coordination Center to 
     COVID-19.
       (4) Responsibilities.--The Executive Officer, as the 
     officer overseeing the acquisition and logistics functions of 
     the response by the National Response Coordination Center to 
     COVID-19, shall--
       (A) receive all requests for equipment and supplies, 
     including personal protective equipment, from States and 
     Indian Tribes;
       (B) make recommendations to the President on utilizing the 
     full authorities available under the Defense Production Act 
     of 1950 (50 U.S.C. 4501 et seq.) to increase production 
     capacity as identified under subparagraphs (C) and (H) of 
     subsection (c)(1);
       (C) ensure that allocation of critical resources is carried 
     out in a manner consistent with the needs identified in the 
     reports required by subsection (c);
       (D) direct, in consultation with the Federal Emergency 
     Management Agency, the Department of Health and Human 
     Services, the Defense Logistics Agency, and other Federal 
     agencies as appropriate, all distribution of critical 
     equipment and supplies to the States and Indian Tribes, 
     through existing commercial distributers where practical;
       (E) communicate with State and local governments and Indian 
     Tribes with respect to availability and delivery schedule of 
     equipment and supplies;
       (F) contribute to the COVID-19 strategic testing plan 
     required by title I of division B of the Paycheck Protection 
     Program and Health Care Enhancement Act (Public Law 116-139) 
     to ensure the Secretary of Health and Human Services includes 
     in that plan a comprehensive plan to scale production and 
     optimize distribution of COVID-19 tests, including molecular, 
     antigen, and serological tests, in the United States; and
       (G) establish, in direct consultation with the Secretary of 
     Health and Human Services, and the heads of any other 
     appropriate Federal agencies, a comprehensive plan to address 
     necessary supply chain issues in order to rapidly scale up 
     production of a SARS-CoV-2 vaccine.
       (5) Transparency.--The Executive Officer shall make 
     available, including on a publicly available website, 
     information, updated not less frequently than every 3 days, 
     including--
       (A) the reports required by subsection (c);
       (B) requests for equipment and supplies from State 
     governments and Indian Tribes;
       (C) standards used for data collection;
       (D) modeling and any formulas used to determine allocation 
     of equipment and supplies, and any related chain of command 
     making final decisions on allocations;
       (E) the amount and destination of equipment and supplies 
     delivered;
       (F) an explanation of why any portion of a purchase order 
     placed under subsection (d), whether to replenish the 
     Strategic National Stockpile or otherwise, will not be 
     filled;
       (G) the percentage amounts of procured products used to 
     replenish the Strategic National Stockpile, targeted to 
     COVID-19 hotspots, or going into the commercial market;
       (H) metrics, formulas, and criteria used to determine 
     hotspots or areas of critical need at the State, county, and 
     Indian Health Service area level;
       (I) production and procurement benchmarks, where 
     practicable; and
       (J) results of the outreach and stakeholder reviews 
     required by subsection (c).
       (6) Additional personnel.--The Secretary of Defense may 
     detail members of the armed forces on active duty, or 
     additional civilian employees of the Department of Defense, 
     as appropriate, with relevant experience in acquisition 
     matters, to support the Executive Officer.
       (7) Termination.--The office of the Executive Officer shall 
     terminate 30 days after the Executive Officer certifies in 
     writing to Congress that all needs of States and Indian 
     Tribes identified in reports submitted under subsection (c) 
     have been met and all Federal Government stockpiles have been 
     replenished.
       (b) Commercial Sector Participation.--
       (1) In general.--The Executive Officer shall collect and 
     compile data from each of the commercial distributors that is 
     able to fulfill purchase orders authorized by this subtitle 
     through the Federal Emergency Management Agency, the Defense 
     Logistics Agency, the Department of Health and

[[Page S3547]]

     Human Services, the Department of Veterans Affairs, and any 
     other appropriate Federal agencies.
       (2) Data included.--The data to be collected and compiled 
     under paragraph (1) includes--
       (A) the name and address of each delivery of supplies and 
     equipment under a purchase order authorized by this subtitle;
       (B) the number of such supplies and equipment delivered; 
     and
       (C) the date of each such delivery.
       (c) Reports Required.--
       (1) In general.--Not later than 7 days after the date of 
     the enactment of this Act, and every 7 days thereafter until 
     the termination date described in subsection (a)(7), the 
     Executive Officer, in coordination with the National Response 
     Coordination Center of the Federal Emergency Management 
     Agency, the Defense Logistics Agency, the Department of 
     Health and Human Services, the Department of Veterans 
     Affairs, and other Federal agencies as appropriate, shall 
     submit to Congress and the President, and publish in a timely 
     manner in the Federal Register a summary of, a report 
     including--
       (A) an assessment of the needs of the States and Indian 
     Tribes for equipment and supplies necessary to prevent, 
     identify, mitigate, and recover from cases of COVID-19, 
     including personal protective equipment, ventilators, testing 
     supplies, construction supplies, and emergency food sources, 
     for each month during the 2-year period beginning on the date 
     of the enactment of this Act;
       (B) an assessment of the quantities of equipment and 
     supplies in the Strategic National Stockpile as of the date 
     of the report and the projected gap between the quantities of 
     equipment and supplies identified as needed in the assessment 
     under subparagraph (A) and the quantities in the Stockpile;
       (C) an identification of the industry sectors and 
     manufacturers most ready to fulfill purchase orders for such 
     equipment and supplies, including manufacturers that may be 
     incentivized, through the exercise of authority under section 
     303(e) of the Defense Production Act of 1950 (50 U.S.C. 
     4533(e)), to modify, expand, or improve production processes 
     to manufacture such equipment and supplies;
       (D) an estimate of the funding and other measures necessary 
     to rapidly expand manufacturing production capacity for such 
     equipment and supplies, including--
       (i) any efforts to expand, retool, or reconfigure 
     production lines;
       (ii) any efforts to establish new production lines through 
     the purchase and installation of new equipment; or
       (iii) the issuance of additional contracts, purchase 
     orders, purchase guarantees, or other similar measures;
       (E) an identification of government and privately owned 
     stockpiles of equipment and supplies not included in the 
     Strategic National Stockpile that could be repaired or 
     refurbished;
       (F) an identification of previously distributed critical 
     supplies that can be redistributed based on current need;
       (G) an identification of critical areas of need by county 
     and Indian Health Service area in the United States and the 
     metrics and criteria for their identification as critical;
       (H) an inventory of the national production capacity for 
     equipment and supplies identified as needed in the assessment 
     under subparagraph (A); and
       (I) an identification of the needs of essential employees 
     and healthcare workers based on regular stakeholder reviews.
       (2) Form of reports.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (d) Purchase Orders.--
       (1) In general.--Not later than 1 day after receiving a 
     report required under subsection (c), the President, using 
     authorities provided under the Defense Production Act of 1950 
     (50 U.S.C. 4501 et seq.), shall--
       (A) establish a fair and reasonable price for the sale of 
     equipment and supplies identified in the reports required by 
     subsection (c); and
       (B) issue rated priority purchase orders pursuant to 
     Department of Defense Directive 4400.1, part 101, subpart A 
     of title 45, Code of Federal Regulations, or any other 
     applicable acquisition authority, to procure equipment and 
     supplies identified in the reports required by subsection 
     (c).
       (2) Disposition of unused equipment and supplies.--Any 
     equipment or supplies produced pursuant to paragraph (1) 
     using amounts from the Defense Production Act Fund and in 
     excess of needs identified in reports required by subsection 
     (c) shall be deposited in the Strategic National Stockpile.
       (3) Authorization of congress to impose price controls.--
     Paragraph (1)(A) shall be deemed to be a joint resolution 
     authorizing the imposition of price controls for purposes of 
     section 104(a) of the Defense Production Act of 1950 (50 
     U.S.C. 4514(a)).
       (e) Waiver of Certain Requirements.--The requirements of 
     sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and 
     (C) of section 303(a)(6) of the Defense Production Act of 
     1950 (50 U.S.C. 4531(d)(1)(A), 4532(d)(1), and 4533(a)(6)) 
     are waived for purposes of this section until the termination 
     date described in subsection (a)(6).
       (f) Funding.--Amounts available in the Defense Production 
     Act Fund under section 304 of the Defense Production Act of 
     1950 (50 U.S.C. 4534) shall be available for purchases made 
     under this section.
       (g) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       (2) Indian health service area.--The term ``Indian Health 
     Service area'' has the meaning given the term ``Service 
     area'' in section 4 of the Indian Health Care Improvement Act 
     (25 U.S.C. 1603).
       (3) State.--The term ``State'' means each State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, American Samoa, Guam, the Commonwealth of the 
     Northern Mariana Islands, the Virgin Islands of the United 
     States, and any other territory or possession of the United 
     States.
       (4) Uniformed services.--The term ``uniformed services'' 
     has the meaning given that term in section 101 of title 37, 
     United States Code.

     SEC. 1093. ANNUAL COMPTROLLER GENERAL REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Comptroller General of 
     the United States shall submit to Congress a report assessing 
     the Strategic National Stockpile, including--
       (1) recommendations for preparing for and responding to 
     future pandemics;
       (2) recommendations for changes to the Strategic National 
     Stockpile, including to the management of the stockpile;
       (3) in the case of the first report required to be 
     submitted under this section--
       (A) an assessment with respect to how much personal 
     protective equipment used for the COVID-19 response was 
     sourced within the United States and how much was sourced 
     from the People's Republic of China and other foreign 
     countries; and
       (B) recommendations with respect to how to ensure that the 
     United States supply chain for personal protective equipment 
     is better equipped to respond to emergencies, including 
     through the use of funds in the Defense Production Act Fund 
     under section 304 of the Defense Production Act of 1950 (50 
     U.S.C. 4534) to address shortages in that supply chain; and
       (4) in the case of each subsequent report required to be 
     submitted under this section--
       (A) an assessment with respect to how much personal 
     protective equipment was imported into the United States in 
     the year preceding submission of the report and, of that 
     equipment, how much would be used to prepare for and respond 
     to a future pandemic; and
       (B) a review of the implementation during that year of the 
     recommendations required by paragraph (3)(B).

     SEC. 1094. OVERSIGHT.

       (a) In General.--The Chairperson of the Council of the 
     Inspectors General on Integrity and Efficiency shall 
     designate any Inspector General responsible for conducting 
     oversight of any program or operation performed in support of 
     this subtitle to oversee the implementation of this subtitle, 
     to the maximum extent practicable and consistent with the 
     duties, responsibilities, policies, and procedures of that 
     Inspector General.
       (b) Removal.--The designation of an Inspector General under 
     subsection (a) may be terminated only for permanent 
     incapacity, inefficiency, neglect of duty, malfeasance, or 
     conviction of a felony or conduct involving moral turpitude.
                                 ______
                                 
  SA 2113. Ms. BALDWIN (for herself, Mr. Blumenthal, Mr. Van Hollen, 
Mr. Leahy, and Mr. Tester) submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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 X, add the following:

     SEC. 1064. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   CERTAIN USES OF THE NATIONAL GUARD.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the congressional defense 
     committees a report on the use of the National Guard when 
     members and units of the National Guard are performing 
     training or duty under the authorities in title 32, United 
     States Code.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description and assessment of the use of the National 
     Guard to perform or support Federally funded operations or 
     missions under title 32, United States Code, during the 
     period beginning on October 1, 1999, and ending on the date 
     of the enactment of this Act, including operations or 
     missions related to any of the following:
       (A) Airport security.
       (B) Disaster relief support.
       (C) Support for, or direct participation in, law 
     enforcement activities, including, but not limited to, law 
     enforcement activities along the United States border.
       (D) Cybersecurity and intelligence support.
       (E) Pandemic response in connection with the Coronavirus 
     Disease 2019 (COVID-19).

[[Page S3548]]

       (F) Response to protests for racial justice.
       (2) A description and assessment of the cost of the use of 
     the National Guard as described pursuant to each of 
     subparagraphs (C) and (F) of paragraph (1).
       (3) An assessment of the availability of Federal benefits 
     for members National Guard in performing or supporting any 
     operations or missions described pursuant to paragraph (1).
       (4) A description and assessment of the deployment of 
     National Guard units to the District of Columbia from 
     jurisdictions outside the District of Columbia in connection 
     with any operations or missions described pursuant to 
     paragraph (1), and an assessment of the command and control 
     procedures during such deployments.
       (5) An assessment whether any National Guard personnel 
     performing training or duty (whether pursuant to title 10, 
     United States Code, title 32, United States Code, or in State 
     status) during the period described in paragraph (1) 
     performed or supported law enforcement functions.
       (6) Such recommendations as the Comptroller General 
     considers appropriate (including recommendations for 
     legislative or administrative action) to reform or clarify 
     authorities on training or duty of members of the National 
     Guard under title 32, United States Code.
                                 ______
                                 
  SA 2114. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 445, line 3, strike ``costs'' and insert ``impacts, 
     costs,''.
       On page 445, line 6, insert ``, including criticality to 
     program and mission accomplishment'' after ``industrial 
     base''.
       On page 445, line 7, strike ``costs'' and insert ``impacts, 
     costs,''.
       On page 445, line 24, insert ``, including costs to 
     reconstitute capability should such capability be lost to 
     competition'' after ``base''.

                                 ______
                                 
  SA 2115. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VIII, add the following:

     SEC. 815. PROCUREMENT OF GOODS FOR THE FFG-FRIGATE PROGRAM.

       Amounts authorized to carry out the FFG-Frigate program 
     shall be used for the acquisition of components manufactured 
     in the United States at a higher cost than comparable foreign 
     components if the Navy determines that the component 
     manufactured in the United States--
       (1) is already qualified to applicable standards and 
     certifications;
       (2) is already fielded on other United States Navy ships;
       (3) offers proven life-cycle cost savings through fuel 
     usage and on-ship maintenance capability;
       (4) offers FFGX a higher documented operational 
     availability with substantiated Mean Time Between Failure 
     (MTBF) and Mean Time To Repair (MTTR) values from United 
     States Navy operational data and United States Navy-approved 
     Failure Mode Effects Analysis (FMEA); and
       (5) is critical for sustaining the domestic industrial base 
     in support of other United States Navy ship programs.
                                 ______
                                 
  SA 2116. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. INTEREST RATE LIMITATION ON DEBT ENTERED INTO 
                   DURING MILITARY SERVICE TO CONSOLIDATE OR 
                   REFINANCE STUDENT LOANS INCURRED BEFORE 
                   MILITARY SERVICE.

       (a) In General.--Subsection (a) of section 207 of the 
     Servicemembers Civil Relief Act (50 U.S.C. 3937) is amended--
       (1) in paragraph (1), by inserting ``on debt incurred 
     before service'' after ``Limitation to 6 percent'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Limitation to 6 percent on debt incurred during 
     service to consolidate or refinance student loans incurred 
     before service.--An obligation or liability bearing interest 
     at a rate in excess of 6 percent per year that is incurred by 
     a servicemember, or the servicemember and the servicemember's 
     spouse jointly, during military service to consolidate or 
     refinance one or more student loans incurred by the 
     servicemember before such military service shall not bear an 
     interest at a rate in excess of 6 percent during the period 
     of military service.'';
       (4) in paragraph (3), as redesignated by paragraph (2) of 
     this subsection, by inserting ``or (2)'' after ``paragraph 
     (1)''; and
       (5) in paragraph (4), as so redesignated, by striking 
     ``paragraph (2)'' and inserting ``paragraph (3)''.
       (b) Implementation of Limitation.--Subsection (b) of such 
     section is amended--
       (1) in paragraph (1)(A), by striking ``the interest rate 
     limitation in subsection (a)'' and inserting ``an interest 
     rate limitation in paragraph (1) or (2) of subsection (a)''; 
     and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by striking ``effective as of 
     date of order to active duty'' and inserting ``effective 
     date''; and
       (B) by inserting before the period at the end the 
     following: ``in the case of an obligation or liability 
     covered by subsection (a)(1), or as of the date the 
     servicemember (or servicemember and spouse jointly) incurs 
     the obligation or liability concerned under subsection 
     (a)(2)''.
       (c) Student Loan Defined.--Subsection (d) of such section 
     is amended by adding at the end the following new paragraph:
       ``(3) Student loan.--The term `student loan' means the 
     following:
       ``(A) A Federal student loan made, insured, or guaranteed 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.).
       ``(B) A private student loan as that term is defined 
     section 140(a) of the Truth in Lending Act (15 U.S.C. 
     1650(a)).''.
                                 ______
                                 
  SA 2117. Mr. MANCHIN (for himself, Ms. Murkowski, Mr. Heinrich, Mr. 
Cramer, and Mrs. Murray) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 1652.

                                 ______
                                 
  SA 2118. Mr. MANCHIN (for himself, Ms. Murkowski, Mr. Heinrich, Mr. 
Cramer, and Mrs. Murray) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 3111.

                                 ______
                                 
  SA 2119. Mr. MANCHIN (for himself, Ms. Murkowski, Mr. Heinrich, Mr. 
Cramer, and Mrs. Murray) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 3114.

                                 ______
                                 
  SA 2120. Mr. MANCHIN (for himself, Ms. Murkowski, Mr. Heinrich, Mr. 
Cramer, and Mrs. Murray) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 3116.

                                 ______
                                 
  SA 2121. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. PLAN TO RESPOND TO NATURAL DISASTERS IN 
                   BANGLADESH.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Defense and the Administrator of the 
     United

[[Page S3549]]

     States Agency for International Development, shall develop a 
     plan to respond to--
       (1) destabilization in Bangladesh caused by natural 
     disasters; and
       (2) other effects associated with disruptions to the global 
     climate system.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following:
       (1) A worst-case scenario relief plan with respect to 
     population displacement in Bangladesh, developed in 
     accordance with established international humanitarian 
     principles, which shall serve as a notional plan to prepare 
     more broadly for large-scale, permanent population 
     displacement in South Asia.
       (2) An assessment of methods to ensure United States 
     defense and civilian preparedness for global, regional, or 
     local disruptions in logistics that may effect the operations 
     of the Armed Forces or the operations of the military forces 
     of United States allies.
       (3) A determination of the impact of, steps that may be 
     taken to prevent, and a contingency plan to address, 
     destabilization of nuclear weapon states in Asia, including 
     changes in the likelihood of interstate conflict and the loss 
     of control of nuclear weapons to nonstate actors.
       (4) Recommendations, developed in consultation with the 
     Government of Bangladesh, on the manner in which the United 
     States may best support--
       (A) building the resilience capacity of Bangladesh with 
     respect to current and forecasted shocks and stresses; and
       (B) improving the ability of Bangladesh to adapt to changes 
     in the regional environment so as to mitigate the effects of 
     a worst-case scenario.
       (c) Submittal to Congress.--
       (1) Scope of plan.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate committees of Congress a report describing 
     the scope of the plan required by subsection (a).
       (2) Completed plan.--Not later than one year after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate committees of Congress the completed plan 
     required by subsection (a).
       (3) Form.--The reports under this paragraph shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2122. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 subtitle B of title XXXI.

                                 ______
                                 
  SA 2123. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 235, strike subsection (e) and insert the 
     following:

       (e) Submittal.--The report required by subsection (a) shall 
     be submitted to the appropriate congressional committees not 
     later than 180 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 2124. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 sections 911 through 918 and insert the following:

     SEC. 911. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Charter of Duties and Authorities.--In consideration of 
     the findings and recommendations in the Independent 
     Assessment of the Chief Management Officer of the Department 
     of Defense made by the Defense Business Board, the Secretary 
     of Defense, in coordination with the Deputy Secretary of 
     Defense and the Chief Management Officer, shall, not later 
     than 90 days after the date of the enactment of this Act, 
     issue an official charter specifying the duties, 
     responsibilities, and authorities of the Chief Management 
     Officer.
       (b) Report.--Not later than 45 days after the date of the 
     enactment of this Act, the Secretary shall, in coordination 
     with the Deputy Secretary and the Chief Management Officer, 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report setting forth the 
     following:
       (1) A description of the issues identified, and 
     recommendations made, by the Defense Business Board in the 
     Independent Assessment referred to in subsection (a).
       (2) A description and assessment of the actions to be 
     undertaken by the Department of Defense to reaffirm the 
     independent authority of the Chief Management Officer in 
     bringing about of transformational business process changes 
     in the Department.
                                 ______
                                 
  SA 2125. Mr. MANCHIN (for himself, Ms. Hirono, Ms. Smith, Mrs. 
Blackburn, Mr. Hawley, and Mr. Wicker) submitted an amendment intended 
to be proposed by him to the bill S. 4049, to authorize appropriations 
for fiscal year 2021 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. ___. INCLUSION OF NATIONAL GUARD IN THE ANNUAL REPORTS 
                   ON THE UNFUNDED PRIORITIES OF THE ARMED FORCES 
                   AND THE COMBATANT COMMANDS.

       (a) In General.--Section 222a of title 10 United States 
     Code, is amended--
       (1) in subsection (a), by striking ``or combatant command'' 
     and inserting ``, combatant command, or National Guard 
     components''; and
       (2) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(6) The Chief of the National Guard Bureau.''.
       (b) Conforming Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 222a. Unfunded priorities of the armed forces, 
       combatant commands, and National Guard: annual report''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 9 of such title is amended by striking 
     the item relating to section 222a and inserting the following 
     new item:

``222a. Unfunded priorities of the armed forces, combatant commands, 
              and National Guard: annual report.''.
                                 ______
                                 
  SA 2126. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VI, add the following:

     SEC. 603. TERMINATION OF PRORATION IN PAYMENT OF HAZARDOUS 
                   DUTY PAY FOR MEMBERS OF THE RESERVE COMPONENTS.

       (a) Termination.--Subsection (c) of section 351 of title 
     37, United States Code, is amended--
       (1) in paragraph (2)--
       (A) in the paragraph heading, by inserting ``for members 
     entitled to basic pay'' after ``Proration''; and
       (B) in the matter preceding subparagraph (A), by inserting 
     ``entitled to basic pay'' after ``If a member''; and
       (2) by adding at the end the following new paragraph:
       ``(3) No proration for members entitled to compensation.--A 
     member entitled to compensation under section 206 of this 
     title who satisfies the eligibility requirements specified in 
     subsection (a) in a month shall be paid the entire amount of 
     hazardous duty payable to the member under subsection (a) for 
     the month.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2020, and shall apply to 
     hazardous duty performed on or after that date.
                                 ______
                                 
  SA 2127. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

     SEC. ___. SENSE OF CONGRESS ON UNITED STATES-INDIA DEFENSE 
                   RELATIONSHIP.

       (a) Sense of Congress.--It is the sense of Congress that-
       (1) the United States has made meaningful progress in 
     strengthening its major defense partnership with India by-
       (A) maintaining a broad-based strategic partnership, 
     underpinned by shared interests

[[Page S3550]]

     and objectives in promoting a rules-based international 
     system;
       (B) establishing the joint/tri-service exercise, Tiger 
     TRIUMPH, focused on amphibious operations;
       (C) building joint peacekeeping capacity efforts;
       (D) enhancing United States-India maritime domain awareness 
     cooperation;
       (E) leveraging the secure communications equipment enabled 
     by the Communications Compatibility and Security Agreement;
       (F) installing liaison officers at United States Naval 
     Forces Central Command and the maritime Information Fusion 
     Center of India;
       (G) establishing a secure hotline for the four 2+2 
     Ministers, which is the consultation mechanism between-
       (i) the Secretary of State and the Secretary of Defense: 
     and
       (ii) the Minister of External Affairs and the Minister of 
     Defence of India; and
       (H) discussing critical mutual defense issues at the first 
     quadrilateral ministerial-level meeting on the sidelines of 
     the United Nations General Assembly among the United States, 
     India, Australia, and Japan in September 2019; and
       (2) the United States should strengthen and enhance its 
     major defense partnership with India by-
       (A) expanding defense-specific engagement in multilateral 
     frameworks, including the quadrilateral dialogue among the 
     United States, India, Japan, and Australia, to promote 
     regional security and defend shared values and common 
     interests in the rules-based order;
       (B) increasing the frequency and scope of exchanges between 
     senior military officers of the United! States and India to 
     support the development and implementation of the major 
     defense partnership:
       (C) exploring additional steps to implement the major 
     defense partner designation to better facilitate 
     interoperability, information sharing, and appropriate 
     technology transfers; '
       (D) pursuing strategic initiatives to help develop the 
     defense capabilities of India;
       (E) conducting additional combined exercises with India in 
     the Persian Gulf, Indian Ocean, and western Pacific regions;
       (F) furthering cooperative efforts to promote stability and 
     security in Afghanistan;
       (G) remaining committed to concluding the two remaining 
     ``enabling agreements'', which are-
       (i) the Industrial Security Agreement; and
       (ii) the Basic Exchange and Cooperation Agreement;
       (H) fully and quickly implementing of the Communications 
     Compatibility and Security Agreement, which is critical to 
     advancing United States-India interoperability:
       (I) continuing the efforts of the Commander of the United 
     States Inda-Pacific Command, in cooperation with the Minister 
     of Defence of India-
       (i) to retrofit existing United States-origin equipment; 
     and
       (ii) to incorporate communications security into future 
     United States defense sales;
       (J) focusing on several priority areas for cooperation, 
     including Air Launched Small Unmanned Aerial Systems, 
     Lightweight Small Arms Technologies, and Intelligence 
     Surveillance, Targeting and Reconnaissance;
       (K) expanding military-to-military cooperation, including 
     more joint/tri-service cooperation;
       (L) strengthening maritime operational cooperation and 
     information sharing;
       (M) increasing Professional Military Education 
     opportunities and exchanges between personnel and liaison 
     officers; and
       (N) strengthening cooperation between the Army, Air Force, 
     and Special Operations Forces of the United States and the 
     military forces of India; and
       (O) identifying additional practical areas for cooperation 
     between the United States
       and India in and beyond the Indo-Pacific region.
       (3) The U.S. should commend India on its recent, continued, 
     and positive trajectory on decreasing purchases of Russian-
     made weapons systems and encourage them to be mindful of when 
     considering future purchases of Russian-made systems.
                                 ______
                                 
  SA 2128. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1003. UNDER SECRETARY OF DEFENSE (COMPTROLLER) REPORTS 
                   ON IMPROVING THE BUDGET JUSTIFICATION AND 
                   RELATED MATERIALS OF THE DEPARTMENT OF DEFENSE.

       (a) Reports Required.--Not later than April 1 of each of 
     2021 through 2025, the Under Secretary of Defense 
     (Comptroller) shall submit to the congressional defense 
     committees a report on improving the following:
       (1) Modernization of covered materials, including the 
     following:
       (A) Updating the format of such materials in order to 
     account for significant improvements in document management 
     and data visualization.
       (B) Expanding the scope and quality of data included in 
     such materials.
       (2) Streamlining of the production of covered materials 
     within the Department of Defense.
       (3) Transmission of covered materials to Congress.
       (4) Availability of adequate resources and capabilities to 
     permit the Department to integrate changes to covered 
     materials together with its submittal of current covered 
     materials.
       (5) Promotion of the flow between the Department and the 
     congressional defense committees of other information 
     required by Congress for its oversight of budgeting for the 
     Department and the future-years defense programs.
       (b) Covered Materials Defined.--In this section, the term 
     ``covered materials'' means the following:
       (1) Materials submitted in support of the budget of the 
     President for a fiscal year under section 1105(a) of title 
     31, United States Code.
       (2) Materials submitted in connection with the future-years 
     defense program for a fiscal year under section 221 of title 
     10, United States Code.
                                 ______
                                 
  SA 2129. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 section G of title XII, add the following:

     SEC. __. WESTERN HEMISPHERE SECURITY STRATEGY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of State shall jointly submit to appropriate 
     committees of Congress a strategy for enhancing security 
     cooperation and security assistance, and advancing United 
     States strategic interests, in the Western Hemisphere.
       (b) Elements.--The strategy required by subsection (a) 
     shall include the following:
       (1) Activities to expand bilateral and multilateral 
     security cooperation in Latin America and the Caribbean so as 
     to maintain consistent United States presence in the region.
       (2) Activities to build the defense and security capacity 
     (other than civilian law enforcement) of partner countries in 
     Latin America and the Caribbean.
       (3) Activities to counter malign influence of state actors 
     and transnational criminal organizations with connections to 
     illicit trafficking, terrorism, or weapons proliferation.
       (4) Efforts to disrupt, degrade, and counter transregional 
     and transnational illicit trafficking, with an emphasis on 
     illicit narcotics and precursor chemicals that produce 
     illicit narcotics.
       (5) Activities to provide transparency and support for 
     strong and accountable defense institutions in the region 
     through institutional capacity-building efforts, including 
     efforts to ensure compliance with internationally-recognized 
     human rights standards.
       (6) Steps to expand bilateral and multinational military 
     exercises and training with partner countries in Latin 
     America and the Caribbean.
       (7) The provision of assistance to such partner countries 
     for regional defense and security organizations and 
     institutions and national military or other security forces 
     (other than civilian law enforcement) that carry out national 
     or regional security missions.
       (8) The provision of training and education to defense and 
     security ministries, agencies, and headquarters-level 
     organizations for organizations and forces described in 
     paragraph (7).
       (9) Activities to counter misinformation and disinformation 
     campaigns and highlight corrupt, predatory and illegal 
     practices.
       (10) The provision of Department of Defense humanitarian 
     assistance and disaster relief to support partner countries 
     by promoting the development and growth of responsive 
     institutions through activities such as--
       (A) the provision of equipment, training, logistical 
     support;
       (B) transportation of humanitarian supplies or foreign 
     security forces or personnel;
       (C) making available, preparing, and transferring on-hand 
     nonlethal Department stocks for humanitarian or health 
     purposes to respond to unforeseen emergencies;
       (D) the provision of Department humanitarian demining 
     assistance and conducting physical security and stockpile-
     management activities; and
       (E) as appropriate, conducting medical support operations 
     or medical humanitarian missions, such as hospital ship 
     deployments and base-operating services, to the extent 
     required by the operation.
       (11) Continued support for the women, peace, and security 
     efforts of the Department of State to support the capacity of 
     partner countries in the Western Hemisphere--
       (A) to ensure that women and girls are safe and secure and 
     the rights of women and girls are protected; and

[[Page S3551]]

       (B) to promote the meaningful participation of women in the 
     defense and security sectors.
       (12) The provision of support to increase the capacity and 
     effectiveness of Department educational programs and 
     institutions, such as the William J. Perry Center, and 
     international institutions, such as the Inter-American 
     Defense Board and the Inter-American Defense College, that 
     promote United States defense objectives through bilateral 
     and regional relationships.
       (13) Professional military education initiatives, including 
     International Military and Education Training (IMET) 
     assistance.
       (14) The permanent assignment of Navy maritime vessels to 
     the United States 4th Fleet, including the use of ships 
     scheduled to be decommissioned.
       (15) A detailed assessment of the resources required to 
     carry out such strategy and a plan to be executed in fiscal 
     year 2022.
       (c) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2130. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1052. DEPARTMENT OF DEFENSE PROVISION OF VETERINARY CARE 
                   FOR RETIRED MILITARY WORKING DOGS AND ADOPTION 
                   OF MILITARY ANIMALS.

       (a) In General.--Section 994 of title 10, United States 
     Code, is amended--
       (1) in subsection (a);
       (A) by striking ``establish and maintain a system to'';
       (B) by striking ``for the veterinary care of'' and 
     inserting ``veterinary care for''; and
       (C) by striking the second sentence;
       (2) in subsection (b), by inserting ``that the Secretary of 
     the military department concerned determines is suitable for 
     adoption or is'' before ``adopted''; and
       (3) in subsection (c), by striking ``the system authorized 
     by''.
       (b) Multi-Year Agreements With Other Entities.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(d) Acceptance and Use of Donated Funds.--(1) The 
     Secretary of Defense may accept donations of funds, gifts, 
     and in-kind contributions for the purpose of providing long-
     term care for any military working dog adopted under section 
     2583 of this title. Any amount so accepted shall be available 
     without further appropriation and without fiscal year 
     limitation.
       ``(2) The Secretary of Defense may enter into a multi-year 
     agreement with a veterans service organization or appropriate 
     nonprofit entity under which--
       ``(A) the organization or entity may solicit and accept 
     donations of funds on behalf of the Department of Defense 
     pursuant to paragraph (1); and
       ``(B) the organization or entity agrees to transfer any 
     funds accepted pursuant to such an agreement to the 
     Department of Defense.
       ``(3) In this subsection, the term `veterans service 
     organization' means an organization recognized by the 
     Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38.''.
       (c) Prohibition on Charge for Adoption of Military 
     Animals.--Section 2583(d) of title 10, United States Code, is 
     amended by striking ``may'' and inserting ``shall''.
                                 ______
                                 
  SA 2131. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. PROHIBITION ON USE OF FUNDS TO PURCHASE GOODS OR 
                   SERVICES FROM COMMUNIST CHINESE MILITARY 
                   COMPANIES.

       (a) In General.--None of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 2020 
     and available for obligation as of the date of the enactment 
     of this Act, or authorized to be appropriated or otherwise 
     made available for fiscal year 2021 or any fiscal year 
     thereafter, may be obligated or expended to purchase goods or 
     services from a person on the list required by section 
     1237(b) of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 
     note).
       (b) Application to Private Entities and State and Local 
     Governments.--
       (1) In general.--The prohibition under subsection (a) 
     includes a prohibition on the obligation or expenditure of 
     funds described in that subsection for the purchase of goods 
     or services from persons described in that subsection by a 
     private entity or a State or local government that received 
     such funds through a grant or any other means.
       (2) Certification required to receive future funds.--On and 
     after the date of the enactment of this Act, the head of an 
     executive agency may not provide funds described in 
     subsection (a) to a private entity or a State or local 
     government unless the entity or government certifies that the 
     entity or government, as the case may be, is not purchasing 
     goods or services from a person described in subsection (a).
       (c) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given that term in 
     section 133 of title 41, United States Code.
                                 ______
                                 
  SA 2132. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. DISCLOSURE BY ONLINE RETAILERS OF WHETHER ARTICLES 
                   ORIGINATE IN THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Section 304 of the Tariff Act of 1930 (19 
     U.S.C. 1304) is amended by adding at the end the following:
       ``(m) Marking of Articles From the People's Republic of 
     China Sold by Online Retailers.--
       ``(1) In general.--Any person that sells, through an online 
     marketplace or e-commerce platform, articles of foreign 
     origin imported into the United States, shall state as 
     legibly as possible, in a conspicuous place on the webpage 
     for each such article, if any of the following is the 
     People's Republic of China:
       ``(A) The country of origin of the article.
       ``(B) The country of origin of any major component of the 
     article.
       ``(C) The country in which the article was manufactured.
       ``(D) The country in which the article was assembled.
       ``(2) Application of certain provisions.--The following 
     provisions of this section shall apply with respect to the 
     statement required by paragraph (1) to the same extent that 
     such provisions apply with respect to the marking of articles 
     under subsection (a):
       ``(A) Paragraphs (1) and (2) of subsection (a).
       ``(B) Subparagraphs (E), (H), (I) of subsection (a)(3).
       ``(C) Subsections (f), (g), (h), (k), and (l).''.
       (b) Regulations.--The Secretary of the Treasury shall 
     prescribe regulations to carry out subsection (m) of section 
     304 of the Tariff Act of 1930, as added by subsection (a), 
     which regulations may include exceptions to the requirements 
     of that subsection for small retailers or for second point-
     of-sale retailers.
       (c) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to articles entered, or withdrawn 
     from warehouse for consumption, on or after the date that is 
     15 days after the date of the enactment of this Act.
                                 ______
                                 
  SA 2133. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. 10___. WATER SUPPLY INFRASTRUCTURE REHABILITATION AND 
                   UTILIZATION.

       (a) Aging Infrastructure Account.--Section 9603 of the 
     Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b) 
     is amended by adding at the end the following:
       ``(d) Aging Infrastructure Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a special account, to be known as the 
     `Aging Infrastructure Account' (referred to in this 
     subsection as the `Account'), to provide funds to, and 
     provide for the extended repayment of the funds by, a 
     transferred works operating entity or project beneficiary 
     responsible for repayment of reimbursable costs for the 
     conduct of extraordinary operation and maintenance work at a 
     project facility, which shall consist of--
       ``(A) any amounts that are specifically appropriated to the 
     Account under section 9605; and
       ``(B) any amounts deposited in the Account under paragraph 
     (3)(B).
       ``(2) Expenditures.--Subject to appropriations and 
     paragraph (3), the Secretary may expend amounts in the 
     Account to fund and provide for extended repayment of the 
     funds for eligible projects identified in a report submitted 
     under paragraph (5)(A).

[[Page S3552]]

       ``(3) Repayment contract.--
       ``(A) In general.--The Secretary may not expend amounts 
     under paragraph (2) with respect to an eligible project 
     described in that paragraph unless the transferred works 
     operating entity or project beneficiary responsible for 
     repayment of reimbursable costs has entered into a contract 
     to repay the amounts under subsection (b)(2).
       ``(B) Deposit of repaid funds.--Amounts repaid by a 
     transferred works operating entity or project beneficiary 
     responsible for repayment of reimbursable costs receiving 
     funds under a repayment contract entered into under this 
     subsection shall be deposited in the Account and shall be 
     available to the Secretary for expenditure in accordance with 
     this subsection without further appropriation.
       ``(4) Application for funding.--
       ``(A) In general.--Not less than once per fiscal year, the 
     Secretary shall accept, during an application period 
     established by the Secretary, applications from transferred 
     works operating entities or project beneficiaries responsible 
     for payment of reimbursable costs for funds and extended 
     repayment for eligible projects.
       ``(B) Eligible project.--A project eligible for funding and 
     extended repayment under this subsection is a project that--
       ``(i) qualifies as an extraordinary operation and 
     maintenance work under this section;
       ``(ii) is for the major, non-recurring maintenance of a 
     mission-critical asset; and
       ``(iii) is not eligible to be carried out or funded under 
     the repayment provisions of section 4(c) of the Reclamation 
     Safety of Dams Act of 1978 (43 U.S.C. 508(c)).
       ``(C) Guidelines for applications.--Not later than 60 days 
     after the date of enactment of this subsection, the Secretary 
     shall issue guidelines describing the information required to 
     be provided in an application for funding and extended 
     repayment under this subsection that require, at a minimum--
       ``(i) a description of the project for which the funds are 
     requested;
       ``(ii) the amount of funds requested;
       ``(iii) the repayment period requested by the transferred 
     works operating entity or project beneficiary responsible for 
     repayment of reimbursable costs;
       ``(iv) alternative non-Federal funding options that have 
     been evaluated;
       ``(v) the financial justification for requesting an 
     extended repayment period; and
       ``(vi) the financial records of the transferred works 
     operating entity or project beneficiary responsible for 
     repayment of reimbursable costs.
       ``(D) Review by the secretary.--The Secretary shall review 
     each application submitted under subparagraph (A)--
       ``(i) to determine whether the project is eligible for 
     funds and an extended repayment period under this subsection;
       ``(ii) to determine if the project has been identified by 
     the Bureau of Reclamation as part of the major rehabilitation 
     and replacement of a project facility; and
       ``(iii) to conduct a financial analysis of--

       ``(I) the project; and
       ``(II) the transferred works operating entity or project 
     beneficiary responsible for repayment of reimbursable costs.

       ``(5) Report.--Not later than 90 days after the date on 
     which an application period closes under paragraph (4)(A), 
     the Secretary shall submit to the Committees on Energy and 
     Natural Resources and Appropriations of the Senate and the 
     Committees on Natural Resources and Appropriations of the 
     House of Representatives a report that--
       ``(A) identifies each project eligible for funding and 
     extended repayment under this subsection;
       ``(B) with respect to each eligible project identified 
     under subparagraph (A), includes--
       ``(i) a description of--

       ``(I) the eligible project;
       ``(II) the anticipated cost and duration of the eligible 
     project; and
       ``(III) any remaining engineering or environmental 
     compliance that is required before the eligible project 
     commences;

       ``(ii) an analysis of--

       ``(I) the repayment period proposed in the application; and
       ``(II) if the Secretary recommends a minimum necessary 
     repayment period that is different than the repayment period 
     proposed in the application, the minimum necessary repayment 
     period recommended by the Secretary; and

       ``(iii) an analysis of alternative non-Federal funding 
     options; and
       ``(C) describes the balance of funds in the Account as of 
     the date of the report.
       ``(6) Effect of subsection.--Nothing in this subsection 
     affects--
       ``(A) any funding provided, or contracts entered into, 
     under subsection (a) before the date of enactment of this 
     subsection; or
       ``(B) the use of funds otherwise made available to the 
     Secretary to carry out subsection (a).''.
       (b) Authorization of Appropriations for the Reclamation 
     Safety of Dams Act of 1978.--Section 5 of the Reclamation 
     Safety of Dams Act of 1978 (43 U.S.C. 509) is amended, in the 
     first sentence, by inserting ``, and, effective October 1, 
     2019, not to exceed an additional $550,000,000 (October 1, 
     2019, price levels)'' before ``, plus or minus''.
                                 ______
                                 
  SA 2134. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. ENHANCEMENT OF COMMERCIAL ENGAGEMENT.

       (a) Definitions.--In this section--
       (1) the term ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Energy and Commerce of the House of 
     Representatives;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (F) the Committee on Armed Services of the House of 
     Representatives; and
       (2) the term ``Secretary'' means the Secretary of Commerce.
       (b) Program.--Notwithstanding any other provision of law, 
     including any provision of title 5, United States Code, the 
     Secretary may appoint locally-engaged staff in Pacific Island 
     countries for the purpose of promoting increased economic and 
     commercial engagement between the United States and those 
     countries.
       (c) Availability of Funds.--Until September 30, 2024, 
     amounts appropriated to the Secretary under any other 
     provision of law shall be available to carry out subsection 
     (b).
       (d) Report.--Not later than March 15, 2025, the Secretary, 
     in consultation with the Secretary of State and the Secretary 
     of Defense, shall submit to the appropriate committees of 
     Congress a report on the activities of any staff appointed 
     under subsection (b), which shall include--
       (1) an assessment of the commercial results of those 
     activities, including the impact on United States companies 
     and on the economies of the applicable Pacific Island 
     countries;
       (2) an assessment of the impact of those activities with 
     respect to the diplomatic and security interests of the 
     United States;
       (3) recommendations for the future of United States 
     commercial engagement in Pacific Island countries; and
       (4) any other matter that the Secretary determines is 
     appropriate.
       (e) Rule of Construction.--For the purposes of this 
     section, American Samoa shall be considered to be a Pacific 
     Island country.
                                 ______
                                 
  SA 2135. Mrs. FISCHER (for herself, Mr. Schatz, Mr. Gardner, and Mr. 
Booker) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. INTERNET OF THINGS.

       (a) Findings; Sense of Congress.--
       (1) Findings.--Congress finds that--
       (A) the Internet of Things refers to the growing number of 
     connected and interconnected devices;
       (B) estimates indicate that more than 125,000,000,000 
     devices will be connected to the internet by 2030;
       (C) the Internet of Things has the potential to generate 
     trillions of dollars in new economic activity around the 
     world in the transportation, energy, agriculture, 
     manufacturing, and health care sectors and in other sectors 
     that are critical to the growth of the gross domestic product 
     of the United States;
       (D) businesses across the United States can develop new 
     services and products, improve the efficiency of operations 
     and logistics, cut costs, improve worker and public safety, 
     and pass savings on to consumers by utilizing the Internet of 
     Things and related innovations;
       (E) the Internet of Things will--
       (i) be vital in furthering innovation and the development 
     of emerging technologies; and
       (ii) play a key role in developing artificial intelligence 
     and advanced computing capabilities;
       (F) the United States leads the world in the development of 
     technologies that support the internet, the United States 
     technology sector is well-positioned to lead in the 
     development of technologies for the Internet of Things, and 
     the appropriate prioritization of a national strategy with 
     respect to the Internet of Things would strengthen that 
     position;
       (G) the Federal Government can implement this technology to 
     better deliver services to the public; and
       (H) the Senate unanimously passed Senate Resolution 110, 
     114th Congress, agreed to March 24, 2015, calling for a 
     national strategy for the development of the Internet of 
     Things.
       (2) Sense of congress.--It is the sense of Congress that 
     policies governing the Internet of Things should--

[[Page S3553]]

       (A) promote solutions with respect to the Internet of 
     Things that are secure, scalable, interoperable, industry-
     driven, and standards-based; and
       (B) maximize the development and deployment of the Internet 
     of Things to benefit all stakeholders, including businesses, 
     governments, and consumers.
       (b) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (3) Steering committee.--The term ``steering committee'' 
     means the steering committee established under subsection 
     (c)(5)(A).
       (4) Working group.--The term ``working group'' means the 
     working group convened under subsection (c)(1).
       (c) Federal Working Group.--
       (1) In general.--The Secretary shall convene a working 
     group of Federal stakeholders for the purpose of providing 
     recommendations and a report to Congress relating to the 
     aspects of the Internet of Things described in paragraph (2).
       (2) Duties.--The working group shall--
       (A) identify any Federal regulations, statutes, grant 
     practices, budgetary or jurisdictional challenges, and other 
     sector-specific policies that are inhibiting, or could 
     inhibit, the development or deployment of the Internet of 
     Things;
       (B) consider policies or programs that encourage and 
     improve coordination among Federal agencies that have 
     responsibilities that are relevant to the objectives of this 
     section;
       (C) consider any findings or recommendations made by the 
     steering committee and, where appropriate, act to implement 
     those recommendations;
       (D) examine--
       (i) how Federal agencies can benefit from utilizing the 
     Internet of Things;
       (ii) the use of Internet of Things technology by Federal 
     agencies as of the date on which the working group performs 
     the examination;
       (iii) the preparedness and ability of Federal agencies to 
     adopt Internet of Things technology as of the date on which 
     the working group performs the examination and in the future; 
     and
       (iv) any additional security measures that Federal agencies 
     may need to take to--

       (I) safely and securely use the Internet of Things, 
     including measures that ensure the security of critical 
     infrastructure; and
       (II) enhance the resiliency of Federal systems against 
     cyber threats to the Internet of Things; and

       (E) in carrying out the examinations required under 
     subclauses (I) and (II) of subparagraph (D)(iv), ensure to 
     the maximum extent possible the coordination of the current 
     and future activities of the Federal Government relating to 
     security with respect to the Internet of Things.
       (3) Agency representatives.--In convening the working group 
     under paragraph (1), the Secretary shall have discretion to 
     appoint representatives from Federal agencies and departments 
     as appropriate and shall specifically consider seeking 
     representation from--
       (A) the Department of Commerce, including--
       (i) the National Telecommunications and Information 
     Administration;
       (ii) the National Institute of Standards and Technology; 
     and
       (iii) the National Oceanic and Atmospheric Administration;
       (B) the Department of Transportation;
       (C) the Department of Homeland Security;
       (D) the Office of Management and Budget;
       (E) the National Science Foundation;
       (F) the Commission;
       (G) the Federal Trade Commission;
       (H) the Office of Science and Technology Policy;
       (I) the Department of Energy; and
       (J) the Federal Energy Regulatory Commission.
       (4) Nongovernmental stakeholders.--The working group shall 
     consult with nongovernmental stakeholders with expertise 
     relating to the Internet of Things, including--
       (A) the steering committee;
       (B) information and communications technology 
     manufacturers, suppliers, service providers, and vendors;
       (C) subject matter experts representing industrial sectors 
     other than the technology sector that can benefit from the 
     Internet of Things, including the transportation, energy, 
     agriculture, and health care sectors;
       (D) small, medium, and large businesses;
       (E) think tanks and academia;
       (F) nonprofit organizations and consumer groups;
       (G) security experts;
       (H) rural stakeholders; and
       (I) other stakeholders with relevant expertise, as 
     determined by the Secretary.
       (5) Steering committee.--
       (A) Establishment.--There is established within the 
     Department of Commerce a steering committee to advise the 
     working group.
       (B) Duties.--The steering committee shall advise the 
     working group with respect to--
       (i) the identification of any Federal regulations, 
     statutes, grant practices, programs, budgetary or 
     jurisdictional challenges, and other sector-specific policies 
     that are inhibiting, or could inhibit, the development of the 
     Internet of Things;
       (ii) situations in which the use of the Internet of Things 
     is likely to deliver significant and scalable economic and 
     societal benefits to the United States, including benefits 
     from or to--

       (I) smart traffic and transit technologies;
       (II) augmented logistics and supply chains;
       (III) sustainable infrastructure;
       (IV) precision agriculture;
       (V) environmental monitoring;
       (VI) public safety; and
       (VII) health care;

       (iii) whether adequate spectrum is available to support the 
     growing Internet of Things and what legal or regulatory 
     barriers may exist to providing any spectrum needed in the 
     future;
       (iv) policies, programs, or multi-stakeholder activities 
     that--

       (I) promote or are related to the privacy of individuals 
     who use or are affected by the Internet of Things;
       (II) may enhance the security of the Internet of Things, 
     including the security of critical infrastructure;
       (III) may protect users of the Internet of Things; and
       (IV) may encourage coordination among Federal agencies with 
     jurisdiction over the Internet of Things;

       (v) the opportunities and challenges associated with the 
     use of Internet of Things technology by small businesses; and
       (vi) any international proceeding, international 
     negotiation, or other international matter affecting the 
     Internet of Things to which the United States is or should be 
     a party.
       (C) Membership.--The Secretary shall appoint to the 
     steering committee members representing a wide range of 
     stakeholders outside of the Federal Government with expertise 
     relating to the Internet of Things, including--
       (i) information and communications technology 
     manufacturers, suppliers, service providers, and vendors;
       (ii) subject matter experts representing industrial sectors 
     other than the technology sector that can benefit from the 
     Internet of Things, including the transportation, energy, 
     agriculture, and health care sectors;
       (iii) small, medium, and large businesses;
       (iv) think tanks and academia;
       (v) nonprofit organizations and consumer groups;
       (vi) security experts;
       (vii) rural stakeholders; and
       (viii) other stakeholders with relevant expertise, as 
     determined by the Secretary.
       (D) Report.--Not later than 1 year after the date of 
     enactment of this Act, the steering committee shall submit to 
     the working group a report that includes any findings or 
     recommendations of the steering committee.
       (E) Independent advice.--
       (i) In general.--The steering committee shall set the 
     agenda of the steering committee in carrying out the duties 
     of the steering committee under subparagraph (B).
       (ii) Suggestions.--The working group may suggest topics or 
     items for the steering committee to study, and the steering 
     committee shall take those suggestions into consideration in 
     carrying out the duties of the steering committee.
       (iii) Report.--The steering committee shall ensure that the 
     report submitted under subparagraph (D) is the result of the 
     independent judgment of the steering committee.
       (F) No compensation for members.--A member of the steering 
     committee shall serve without compensation.
       (G) Termination.--The steering committee shall terminate on 
     the date on which the working group submits the report under 
     paragraph (6).
       (6) Report to congress.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the working group shall submit to 
     Congress a report that includes--
       (i) the findings and recommendations of the working group 
     with respect to the duties of the working group under 
     paragraph (2);
       (ii) the report submitted by the steering committee under 
     paragraph (5)(D), as the report was received by the working 
     group;
       (iii) recommendations for action or reasons for inaction, 
     as applicable, with respect to each recommendation made by 
     the steering committee in the report submitted under 
     paragraph (5)(D); and
       (iv) an accounting of any progress made by Federal agencies 
     to implement recommendations made by the working group or the 
     steering committee.
       (B) Copy of report.--The working group shall submit a copy 
     of the report described in subparagraph (A) to--
       (i) the Committee on Commerce, Science, and Transportation 
     and the Committee on Energy and Natural Resources of the 
     Senate;
       (ii) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (iii) any other committee of Congress, upon request to the 
     working group.
       (d) Assessing Spectrum Needs.--
       (1) In general.--The Commission, in consultation with the 
     National Telecommunications and Information Administration, 
     shall issue a notice of inquiry seeking public comment on the 
     current, as of the date of enactment of this Act, and future 
     spectrum needs to enable better connectivity relating to the 
     Internet of Things.
       (2) Requirements.--In issuing the notice of inquiry under 
     paragraph (1), the Commission shall seek comments that 
     consider and evaluate--
       (A) whether adequate spectrum is available, or is planned 
     for allocation, for commercial wireless services that could 
     support the growing Internet of Things;

[[Page S3554]]

       (B) if adequate spectrum is not available for the purposes 
     described in subparagraph (A), how to ensure that adequate 
     spectrum is available for increased demand with respect to 
     the Internet of Things;
       (C) what regulatory barriers may exist to providing any 
     needed spectrum that would support uses relating to the 
     Internet of Things; and
       (D) what the role of unlicensed and licensed spectrum is 
     and will be in the growth of the Internet of Things.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report summarizing the comments 
     submitted in response to the notice of inquiry issued under 
     paragraph (1).
                                 ______
                                 
  SA 2136. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3__. PRODUCT SUPPORT STRATEGY FOR THE C-17 GLOBEMASTER 
                   AIRCRAFT.

       (a) Report.--
       (1) In general.--Not later than January 31, 2021, on the 
     basis of the business case analysis finalized in 2019 
     conducted pursuant to the requirements of section 2377 of 
     title 10, United States Code, for the future product support 
     strategy for the C-17 Globemaster aircraft, the Secretary of 
     the Air Force shall submit to the congressional defense 
     committees a report detailing for each course of action 
     evaluated in the business case analysis--
       (A) the cost-benefit analysis by year performed in 
     accordance with circular A-94 prepared by the Office of 
     Management and Budget;
       (B) the quantitative performance score by year, including 
     calculated mission capability and aircraft availability 
     rates; and
       (C) the rate impacts by year on other programs of the 
     Department of Defense at all depot maintenance facilities 
     currently supporting C-17 heavy maintenance.
       (2) Review.--The Director of Cost Assessment and 
     Performance Evaluation shall review the report required by 
     paragraph (1) and, not later than March 1, 2021, shall submit 
     to the congressional defense committees a report that sets 
     forth an independent assessment of the elements described in 
     paragraph (1).
       (b) Certification.--
       (1) In general.--Of the amounts authorized to be 
     appropriated or otherwise made available in this Act for the 
     Department of Defense for fiscal year 2021, no amounts may be 
     obligated or expended for planning or implementing a change 
     to the product support strategy for the C-17 Globemaster 
     aircraft in 2024 or later until the Secretary of the Air 
     Force, with the concurrence of the Director of Cost 
     Assessment and Performance Evaluation, the Commander of the 
     United States Transportation Command, and the Chief of the 
     National Guard Bureau, certifies that such a product support 
     strategy--
       (A) results in a cost savings when considering rate impacts 
     on all programs of the Department of Defense at the depot 
     maintenance facilities currently supporting C-17 heavy 
     maintenance;
       (B) will result in no materiel readiness degradation of the 
     C-17 fleet; and
       (C) is optimized to support the National Defense Strategy, 
     the operational plans of the combatant commanders, and the 
     requirements of the National Guard.
       (2) Exception.--The limitation under paragraph (1) shall 
     not apply to amounts necessary to carry out such paragraph or 
     subsection (a).
                                 ______
                                 
  SA 2137. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 320. REVIEW OF NATIONAL SECURITY IMPLICATIONS OF WIND 
                   FARM PROPOSALS NEAR INSTALLATIONS OF DEPARTMENT 
                   OF DEFENSE.

       (a) In General.--The Secretary of the Air Force, in 
     conjunction with the Secretary of the Treasury, shall conduct 
     a thorough review lasting not less than 180 days of the 
     national security implications of wind farm proposals within 
     100 miles of an installation of the Department of Defense if 
     an entity purchasing or constructing the wind farm has 
     financial holdings in, or is a subsidiary of, a company that 
     is influenced or controlled by--
       (1) the Communist Party of the People's Republic of China;
       (2) the Government of the Russian Federation;
       (3) the Government of the Islamic Republic of Iran; or
       (4) the Government of the People's Republic of North Korea.
       (b) Report.--
       (1) In general.--Not later than 15 days after the 
     completion of the review under subsection (a), the Secretary 
     of the Air Force shall submit to the appropriate committees 
     of Congress and the appropriate members of Congress a report 
     that includes the results of the review.
       (2) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on Appropriations, and 
     the Select Committee on Intelligence of the Senate; and
       (ii) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Homeland Security, the 
     Committee on Appropriations, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (B) Appropriate members of congress.--The term 
     ``appropriate members of Congress'' means, with respect to a 
     State in which an installation of the Department of Defense 
     is located that is within 100 miles of a wind farm proposal 
     subject to the review under subsection (a)--
       (i) the Senators from the State; and
       (ii) the members of the House of Representatives from the 
     State.
       (c) Limitation on Publication or Release.--The Secretary of 
     the Air Force and the Secretary of the Treasury may not 
     publish or release any conclusions or rulings resulting from 
     the review conducted under subsection (a) until the date that 
     is 60 days after the submittal of the report under subsection 
     (b).
                                 ______
                                 
  SA 2138. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XVI, insert the 
     following:

     SEC. ___. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.

       (a) In General.--In acquiring geospatial-intelligence, the 
     Secretary of Defense, in coordination with the Director of 
     the National Reconnaissance Office and the Director of the 
     National Geospatial-Intelligence Agency, 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 Geospatial-intelligence Data.--The 
     Director of the National Reconnaissance Office, as part of an 
     analysis of alternatives for the future acquisition of 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 geospatial-intelligence requirements of the Department 
     and the intelligence community;
       (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 for geospatial intelligence; 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) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the congressional defense committees;
       (B) the Select Committee on Intelligence of the Senate; and
       (C) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) The term ``intelligence community'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
                                 ______
                                 
  SA 2139. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Amend section 144 to read as follows:

     SEC. 144. MINIMUM AIR FORCE BOMBER AIRCRAFT LEVEL.

       (a) Minimum.--The Secretary of Defense shall submit to the 
     congressional defense committees recommendations for a 
     minimum number of bomber aircraft, including penetrating 
     bombers in addition to B-52H

[[Page S3555]]

     aircraft, to enable the Air Force to carry out its long-range 
     penetrating strike capability.
       (b) Briefing on B-1 Fleet Sustainment.--
       (1) Initial briefing.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force shall brief the congressional defense committees on the 
     current state of readiness and continued sustainment of the 
     B-1 fleet and any gaps or necessary steps to ensure that the 
     mission capable rate of the B-1 fleet is not less than 70 
     percent and the structural life of such fleet is sufficient 
     to 2040.
       (2) Quarterly briefing.--If the mission capable rate and 
     structural life levels specified in paragraph (1) have not 
     been met, not later than 60 days after the briefing under 
     paragraph (1), and not less frequently than quarterly 
     thereafter until such levels have been met, the Secretary of 
     the Air Force shall brief the congressional defense 
     committees on, with respect to the B-1 fleet, the following:
       (A) A description of any structural issues or technical 
     deficiencies.
       (B) A plan for continued structural deficiency data 
     analysis and training.
       (C) A description of projected repair timelines to address 
     issues identified under subparagraph (A).
       (D) A description of future mitigation strategies, 
     including an analysis of the support requirement for each 
     aircraft.
       (E) An aircrew maintainer training plan, including a plan 
     to ensure that the training pipeline remains steady for any 
     degradation period.
       (F) An identification of any deficiencies in equipment or 
     funds required to address issues identified under 
     subparagraph (A).
       (G) A recovery timeline to resolve issues identified under 
     subparagraph (A).
                                 ______
                                 
  SA 2140. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3__. REQUIREMENTS RELATING TO SUSTAINMENT OF B-1 FLEET 
                   FOR THE AIR FORCE.

       (a) In General.--The Secretary of the Air Force shall 
     ensure that--
       (1) the mission capable rate of the B-1 fleet is not less 
     than 70 percent; and
       (2) the structural life of such fleet is sufficient to 
     2040.
       (b) Briefing.--
       (1) Initial briefing.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force shall brief the congressional defense committees on the 
     current state of readiness and continued sustainment of the 
     B-1 fleet and any gaps or necessary steps to take relating to 
     the requirements under subsection (a).
       (2) Quarterly briefing.--If the requirements under 
     subsection (a) have not been met, not later than 60 days 
     after the briefing under paragraph (1), and not less 
     frequently than quarterly thereafter until such requirements 
     have been met, the Secretary of the Air Force shall brief the 
     congressional defense committees on, with respect to the B-1 
     fleet, the following:
       (A) A description of any structural issues or technical 
     deficiencies.
       (B) A plan for continued structural deficiency data 
     analysis and training.
       (C) A description of projected repair timelines.
       (D) A description of future mitigation strategies, 
     including an analysis of the support requirement for each 
     aircraft.
       (E) An aircrew maintainer training plan, including a plan 
     to ensure that the training pipeline remains steady for any 
     degradation period.
       (F) An identification of any deficiencies in equipment or 
     funds required to meet the requirements under subsection (a).
       (G) A recovery timeline to meet the requirements under 
     subsection (a).
                                 ______
                                 
  SA 2141. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3__. PLAN TO ACHIEVE FULL OPERATIONAL CAPABILITY FOR THE 
                   B-1 FLEET TO DELIVER HYPERSONIC WEAPONS.

       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 plan to achieve full 
     operational capability for the B-1 fleet to deliver 
     hypersonic weapons by fiscal year 2025.
                                 ______
                                 
  SA 2142. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At appropriate place in title XI, insert the following:

     SEC. ___. TIERED PREFERENCE ELIGIBILITY FOR MEMBERS OF 
                   RESERVE COMPONENTS OF THE ARMED FORCES.

       (a) Preference Eligibility for Members of Reserve 
     Components of the Armed Forces.--Section 2108 of title 5, 
     United States Code, is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (G)(ii), by striking ``and'' at the 
     end;
       (B) in subparagraph (H), by adding ``and'' at the end; and
       (C) by inserting after subparagraph (H) the following:
       ``(I) a qualified reservist;'';
       (2) in paragraph (4), by striking ``and'' at the end;
       (3) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (4) by adding at the end the following:
       ``(6) `qualified reservist' means an individual who is a 
     member of a reserve component of the Armed Forces on the date 
     of the applicable determination--
       ``(A) who--
       ``(i) has completed at least 6 years of service in a 
     reserve component of the Armed Forces; and
       ``(ii) in each year of service in a reserve component of 
     the Armed Forces, was credited with at least 50 points under 
     section 12732 of title 10; or
       ``(B) who--
       ``(i) has completed at least 10 years of service in a 
     reserve component of the Armed Forces; and
       ``(ii) in each year of service in a reserve component of 
     the Armed Forces, was credited with at least 50 points under 
     section 12732 of title 10; and
       ``(7) `reserve component of the Armed Forces' means a 
     reserve component specified in section 101(27) of title 
     38.''.
       (b) Tiered Hiring Preference for Members of Reserve 
     Components of the Armed Forces.--Section 3309 of title 5, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) a preference eligible described in section 
     2108(6)(B)--3 points; and
       ``(4) a preference eligible described in section 
     2108(6)(A)--2 points.''.
       (c) GAO Review.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report that--
       (1) assesses Federal employment opportunities for members 
     of a reserve component of the Armed Forces;
       (2) evaluates the impact of the amendments made by this 
     section on the hiring of reservists and veterans by the 
     Federal Government; and
       (3) provides recommendations, if any, for strengthening 
     Federal employment opportunities for members of a reserve 
     component of the Armed Forces.
                                 ______
                                 
  SA 2143. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XII, add the following:

       Subtitle H--Protecting American Innovation and Development

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Protecting American 
     Innovation and Development Act of 2020''.

     SEC. 1292. STATEMENT OF POLICY REGARDING THE MAINTENANCE OF 
                   RESEARCH AND DEVELOPMENT LEADERSHIP WITH 
                   RESPECT TO WIRELESS COMMUNICATIONS 
                   TECHNOLOGIES.

       Section 1752(2) of the Export Control Reform Act of 2018 
     (50 U.S.C. 4811(2)) is amended by adding at the end the 
     following:
       ``(H) To ensure the continued strength and leadership of 
     the United States with respect to the research and 
     development of key technologies for future wireless 
     telecommunications standards and infrastructure.''.

     SEC. 1293. LIST OF FOREIGN ENTITIES THAT THREATEN NATIONAL 
                   SECURITY WITH RESPECT TO WIRELESS 
                   COMMUNICATIONS RESEARCH AND DEVELOPMENT.

       Part I of the Export Control Reform Act of 2018 (50 U.S.C. 
     4811 et seq.) is amended by inserting after section 1759 the 
     following:

     ``SEC. 1759A. LIST OF FOREIGN ENTITIES THAT THREATEN NATIONAL 
                   SECURITY WITH RESPECT TO WIRELESS 
                   COMMUNICATIONS RESEARCH AND DEVELOPMENT.

       ``(a) In General.--The Secretary shall establish and 
     maintain a list of each foreign entity that the Secretary 
     determines--

[[Page S3556]]

       ``(1)(A) uses, without a license, a claimed invention 
     protected by a patent that is essential for the 
     implementation of a wireless communications standard and is 
     held by a United States person; and
       ``(B) has as its ultimate parent a covered foreign person; 
     or
       ``(2) is a successor to an entity described in paragraph 
     (1).
       ``(b) Watch List.--
       ``(1) In general.--The Secretary shall establish and 
     maintain a watch list of each foreign entity--
       ``(A)(i) that is a covered foreign person or has as its 
     ultimate parent a covered foreign person; and
       ``(ii) with respect to which a covered United States person 
     has made a demonstration described in paragraph (2); or
       ``(B) that is a successor to an entity described in 
     subparagraph (A).
       ``(2) Demonstration described.--
       ``(A) In general.--A covered United States person has made 
     a demonstration described in this paragraph if the person has 
     reasonably demonstrated to the Secretary that--
       ``(i) the person owns at least one unexpired patent that is 
     essential for the implementation of a wireless communications 
     standard;
       ``(ii) a foreign entity that is a covered foreign person, 
     or has as its ultimate parent a covered foreign person, has 
     been, for a period of more than 180 days, selling wireless 
     communications devices in or into the United States, directly 
     or indirectly, that--

       ``(I) are claimed, labeled, marketed, or advertised as 
     complying with that standard; and
       ``(II) use a claimed invention protected by a patent 
     described in clause (i) without a license;

       ``(iii) the covered United States person has offered to the 
     foreign entity or any of its affiliates--

       ``(I) a license to the person's portfolio of patents that 
     are essential to that standard; or
       ``(II) to enter into binding arbitration to resolve the 
     terms of such a license; and

       ``(iv) the foreign entity has not executed a license 
     agreement or an agreement to enter into such arbitration, as 
     the case may be, by the date that is 180 days after the 
     covered United States person made such an offer.
       ``(B) Demonstration of essentiality.--A covered United 
     States person may demonstrate under subparagraph (A)(i) that 
     the person owns at least one unexpired patent that is 
     essential for the implementation of a wireless communications 
     standard by providing to the Secretary any of the following:
       ``(i) A decision by a court or arbitral tribunal that a 
     patent owned by the person is essential for the 
     implementation of that standard.
       ``(ii) A determination by an independent patent evaluator 
     not hired by the person that a patent owned by the person is 
     essential for the implementation of that standard.
       ``(iii) A showing that wireless communications device 
     manufacturers together accounting for a significant portion 
     of the United States or world market for such devices have 
     entered into agreements for licenses to the person's 
     portfolio of patents that are essential for the 
     implementation of that standard.
       ``(iv) A showing that the person has previously granted 
     licenses to the foreign entity described in subparagraph 
     (A)(ii) or any of its affiliates with respect to a reasonably 
     similar portfolio of the person's patents that are essential 
     for the implementation of that standard.
       ``(C) Accounting of wireless communications device 
     market.--A showing described in subparagraph (B)(iii) may be 
     made either by including or excluding wireless communications 
     device manufacturers that are covered foreign persons.
       ``(c) Movement Between Lists.--A foreign entity on the 
     watch list required by subsection (b)(1) may be moved to the 
     list required by subsection (a), pursuant to procedures 
     established by the Secretary, on or after the date that is 
     one year after being placed on the watch list if the foreign 
     entity is not able to demonstrate that it has entered into a 
     patent license agreement or a binding arbitration agreement 
     with each covered United States person that has made the 
     demonstration described in subsection (b)(2) with respect to 
     the entity.
       ``(d) Definitions.--In this section:
       ``(1) Affiliate.--The term `affiliate', with respect to an 
     entity, means any entity that owns or controls, is owned or 
     controlled by, or is under common ownership or control with, 
     the entity.
       ``(2) Covered foreign country.--The term `covered foreign 
     country' means a country with respect to which the Secretary 
     determines that--
       ``(A) persons in the country persistently use, without 
     obtaining a license, patents--
       ``(i) essential to the implementation of wireless 
     communications standards; and
       ``(ii) held by a United States person; and
       ``(B) that use of patents poses a threat to--
       ``(i) the ability of the United States to maintain a 
     wireless communications research and development 
     infrastructure; and
       ``(ii) the national security of the United States, pursuant 
     to the policy set forth in paragraphs (2)(H) and (3) of 
     section 1752.
       ``(3) Covered foreign person.--The term `covered foreign 
     person' means a person that is--
       ``(A) an individual who is a citizen or national (as 
     defined in section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a))) of a covered foreign country; or
       ``(B) an entity that is headquartered in, or organized 
     under the laws of, such a country.
       ``(4) Covered united states person.--The term `covered 
     United States person' means a United States person engaged in 
     wireless communications research and development in the 
     United States.
       ``(5) Wireless communications standard.--The term `wireless 
     communications standard' means--
       ``(A) a cellular wireless telecommunications standard, 
     including such a standard promulgated by the 3rd Generation 
     Partnership Project (commonly known as `3GPP') or the 3rd 
     Generation Partnership Project 2 (commonly known as `3GPP2'); 
     or
       ``(B) a wireless local area network standard, including 
     such a standard designated as IEEE 802.11 as developed by the 
     Institute of Electrical and Electronics Engineers (commonly 
     known as the `IEEE').''.

     SEC. 1294. IMPORT SANCTIONS WITH RESPECT TO CERTAIN FOREIGN 
                   ENTITIES THAT THREATEN NATIONAL SECURITY.

       Chapter 4 of title II of the Trade Expansion Act of 1962 
     (19 U.S.C. 1862 et seq.) is amended by inserting after 
     section 233 the following:

     ``SEC. 234. IMPORT SANCTIONS WITH RESPECT TO CERTAIN FOREIGN 
                   ENTITIES THAT THREATEN NATIONAL SECURITY.

       ``(a) In General.--Any foreign entity on the list required 
     by section 1759A(a) of the Export Control Reform Act of 2018 
     may be subject to such controls on the importing of goods or 
     technology into the United States as the President may 
     prescribe.
       ``(b) Entry Under Bond.--
       ``(1) In general.--A product described in paragraph (2) may 
     enter the United States under bond prescribed by the 
     Secretary of Commerce in an amount determined by the 
     Secretary to be sufficient to protect from injury the covered 
     United States person that made the demonstration described in 
     section 1759A(b)(2) of Export Control Reform Act of 2018 with 
     respect to the entity that sold the product.
       ``(2) Products described.--A product described in this 
     paragraph is a product--
       ``(A) produced or sold by--
       ``(i) a foreign entity on the watch list required by 
     section 1759A(b) of the Export Control Reform Act of 2018;
       ``(ii) a successor of such an entity; or
       ``(iii) an affiliate of an entity described in clause (i) 
     or (ii); and
       ``(B) that is claimed, labeled, marketed, or advertised as 
     complying with a wireless communications standard that was 
     the basis for the inclusion of the foreign entity on the 
     watch list.
       ``(c) Forfeiture of Bond.--
       ``(1) In general.--If a foreign entity on the watch list 
     required by subsection (b) of section 1759A of the Export 
     Control Reform Act of 2018 is moved to the list required by 
     subsection (a) of that section and becomes subject to 
     controls under subsection (a) of this section, a bond paid 
     under subsection (b) shall be forfeited to the covered United 
     States person that made the demonstration described in 
     section 1759A(b)(2) of Export Control Reform Act of 2018 with 
     respect to the entity.
       ``(2) Terms and conditions.--The Secretary of Commerce 
     shall prescribe the procedures and any terms or conditions 
     under which bonds will be forfeited under paragraph (1).
       ``(d) Definitions.--In this section, the terms `affiliate' 
     and `covered United States person' have the meanings given 
     those terms in section 1759A(d) of the Export Control Reform 
     Act of 2018.''.

     SEC. 1295. EXCLUSION FROM LICENSE REQUIREMENTS UNDER EXPORT 
                   CONTROL REFORM ACT OF 2018 FOR PARTICIPATION IN 
                   STANDARDS ORGANIZATIONS.

       Section 1756 of the Export Control Reform Act of 2018 (50 
     U.S.C. 4815) is amended by adding at the end the following:
       ``(e) Exclusion From License Requirements for Participation 
     in Standards Organizations.--No license shall be required for 
     the export, reexport, or in-country transfer to a foreign 
     person of technology or software controlled under this part 
     if--
       ``(1) the technology or software--
       ``(A) is not included on the Commerce Control List set 
     forth in Supplement No. 1 to part 774 of the Export 
     Administration Regulations; or
       ``(B) is included on the Commerce Control List and is 
     controlled only for anti-terrorism reasons; and
       ``(2) the export, reexport, or in-country transfer occurs--
       ``(A) in connection with the participation of the person in 
     a standards organization; and
       ``(B) for the purpose of contributing to the revision, 
     development, or deployment of a standard by that 
     organization.''.
                                 ______
                                 
  SA 2144. Mrs. BLACKBURN (for herself and Mr. Heinrich) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in subtitle B of title XVI, insert 
     the following:

[[Page S3557]]

  


     SEC. ___. GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING 
                   PROCESSES FOR ARTIFICIAL INTELLIGENCE 
                   PROFESSIONALS AND OTHER DATA SCIENCE AND 
                   SOFTWARE DEVELOPMENT PERSONNEL.

       (a) Guidance Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall issue guidance to the secretaries of the military 
     departments and the heads of the defense components on 
     improved use of the direct hiring processes for artificial 
     intelligence professionals and other data science and 
     software development personnel.
       (b) Objective.--The objective of the guidance issued under 
     subsection (a) shall be to ensure that organizational leaders 
     assume greater responsibility for the results of civilian 
     hiring of artificial intelligence professionals and other 
     data science and software development personnel.
       (c) Contents of Guidance.--At a minimum, the guidance 
     required by subsection (a) shall--
       (1) instruct human resources professionals and hiring 
     authorities to utilize available direct hiring authorities 
     (including excepted service authorities) for the hiring of 
     artificial intelligence professionals and other data science 
     and software development personnel, to the maximum extent 
     practicable;
       (2) instruct hiring authorities, when using direct hiring 
     authorities, to prioritize utilization of panels of subject 
     matter experts over human resources professionals to assess 
     applicant qualifications and determine which applicants are 
     best qualified for a position;
       (3) authorize and encourage the use of ePortfolio reviews 
     to provide insight into the previous work of applicants as a 
     tangible demonstration of capabilities and contribute to the 
     assessment of applicant qualifications by subject matter 
     experts; and
       (4) encourage the use of referral bonuses for recruitment 
     and hiring of highly qualified artificial intelligence 
     professionals and other data science and software development 
     personnel in accordance with volume 451 of Department of 
     Defense Instruction 1400.25.
       (d) Report.--
       (1) In general.--Not later than one year after the date on 
     which the guidance is issued under subsection (a), the 
     Secretary shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report on the guidance issued pursuant 
     to subsection (a).
       (2) Contents.--At a minimum, the report submitted under 
     paragraph (1) shall address the following:
       (A) The objectives of the guidance and the manner in which 
     the guidance seeks to achieve those objectives.
       (B) The effect of the guidance on the hiring process for 
     artificial intelligence professionals and other data science 
     and software development personnel, including the effect on--
       (i) hiring time;
       (ii) the use of direct hiring authority;
       (iii) the use of subject matter experts; and
       (iv) the quality of new hires, as assessed by hiring 
     managers and organizational leaders.
                                 ______
                                 
  SA 2145. Mrs. BLACKBURN (for herself and Mr. Heinrich) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in subtitle B of title XVI, add 
     the following:

     SEC. ___. ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE 
                   PROGRAMS IN THE DEPARTMENT OF DEFENSE.

       (a) Application of Exchange Authority to Artificial 
     Intelligence.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall take 
     steps to ensure that the authority for the Secretary to 
     operate a public-private talent exchange program pursuant to 
     section 1599g of title 10, United States Code, is utilized to 
     exchange personnel with private sector entities working on 
     artificial intelligence applications. Such application of the 
     authority of section 1599g shall be in addition to, not in 
     lieu of, any other application of the authority by the 
     Secretary.
       (b) Goals for Program Participation.--In carrying out the 
     requirement of subsection (a), the Secretary shall--
       (1) establish goals for an expanded artificial intelligence 
     public-private talent exchange;
       (2) identify any barriers that would prevent the Secretary 
     from achieving these goals; and
       (3) provide a request to Congress for any additional 
     authorities required to expand the program.
       (c) Briefing on Expansion of Existing Exchange Programs.--
     Not later than 180 days after the date of the enactment of 
     this Act and annually thereafter for five years, the 
     Secretary shall brief the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives on efforts taken to expand existing public-
     private exchange programs of the Department of Defense and to 
     ensure that such programs seek opportunities for exchanges 
     with private sector entities working on artificial 
     intelligence applications, in accordance with the 
     requirements of this section.
                                 ______
                                 
  SA 2146. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 809(a)(2), insert ``for critical mineral-based 
     equipment and'' after ``manufacturing capabilities in the 
     United States''.

                                 ______
                                 
  SA 2147. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 320. LIMITED EXEMPTION FOR DISPOSAL OF CERTAIN MATERIALS 
                   CONTAINING PER- AND POLYFLUOROALKYL SUBSTANCES 
                   OTHER THAN UNDILUTED AQUEOUS FILM FORMING FOAM 
                   AT ALASKA THERMAL TREATMENT FACILITIES.

       Section 330 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``The Secretary of Defense'' and inserting 
     ``Except as provided in subsection (c), the Secretary of 
     Defense''; and
       (2) by adding at the end the following new subsection:
       ``(c) Limited Exemption for Disposal of Certain Materials 
     Containing PFAS at Alaska Thermal Treatment Facilities.--
       ``(1) In general.--Except as provided in paragraph (2), 
     materials containing PFAS or materials derived from the 
     treatment of materials containing PFAS may be stored and 
     thermally treated in a thermal treatment unit (to include 
     secondary combustion) without regard to the storage 
     requirements set forth in subsection (a)(3) or the permitting 
     requirements set forth in subsection (a)(4) at a facility in 
     Alaska that demonstrates to the Administrator of the 
     Environmental Protection Agency that the facility--
       ``(A) meets the requirements of subsections (a)(1) and 
     (a)(2);
       ``(B) meets Category D treatment facility requirements 
     under 18 AAC 75.365 and 18 AAC 78.273 of the Alaska 
     Administrative Code; and
       ``(C) demonstrates treatment effectiveness using a thermal 
     treatment method that achieves the destruction of PFAS 
     compounds in compliance with permits issued and regulations 
     established by the State of Alaska Department of 
     Environmental Conservation.
       ``(2) Exception.--Paragraph (1) does not apply to undiluted 
     aqueous film forming foam or to materials that meet the 
     definition of hazardous waste pursuant to part 261 of title 
     40, Code of Federal Regulations, or successor regulations.''.
                                 ______
                                 
  SA 2148. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 section 1083, add the following:
       (d) Distribution of Estimate.--As soon as practicable after 
     submitting an estimate as described in paragraph (1) of 
     subsection (a) and making the certification described in 
     paragraph (2) of such subsection, the Secretary shall make 
     such estimate available to any licensee operating under the 
     order and authorization described in such subsection.
       (e) Authority of Secretary of Defense to Seek Recovery of 
     Costs.--The Secretary of Defense may work directly with any 
     licensee (or any future assignee, successor, or purchaser) 
     affected by the Order and Authorization adopted by the 
     Federal Communications Commission on April 19, 2020 (FCC 20-
     48) to seek recovery of costs incurred by the Department of 
     Defense as a result of the effect of such order and 
     authorization, as determined by the estimate as described in 
     paragraph (1) of subsection (a) and certified in paragraph 
     (2) of such subsection.
       (f) Reimbursement.--
       (1) In general.--The Secretary shall establish and 
     facilitate a process for any licensee

[[Page S3558]]

     (or any future assignee, successor, or purchaser) subject to 
     the authorization and order described in subsection (a) to 
     provide reimbursement to the Department of Defense for the 
     covered costs and eligible reimbursable costs submitted and 
     certified to the congressional defense committees under such 
     subsection.
       (2) Use of funds.--The Secretary shall use any funds 
     received under this subsection for covered costs described in 
     subsection (b) and the range of eligible reimbursable costs 
     identified under subsection (a)(1).
       (3) Report.--Not later than 90 days after the date on which 
     the Secretary establishes the process required by paragraph 
     (1), the Secretary shall submit to the congressional defense 
     committees a report on such process.
       (g) Requirement for Department of Defense to Seek Recovery 
     of Costs.--The Secretary shall use all means available to 
     recover costs, including negotiation, the filing of an 
     administrative claim, and litigation for recovery of costs 
     incurred by any licensee (or any future assignee, successor, 
     or purchaser) operating under the order and authorization 
     described in subsection (a) if the costs identified by the 
     Secretary under this subsection are greater than those 
     asserted by the licensee (or any future assignee, successor, 
     or purchaser).
                                 ______
                                 
  SA 2149. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed by him to the bill S. 4049, to authorize appropriations 
for fiscal year 2021 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, 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. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.

       (a) Increase.--Funds authorized to be appropriated in 
     Research, Development, Test, and Evaluation, Defense-wide, PE 
     0601228D8Z, section 4201, for Basic Research, Historically 
     Black Colleges and Universities/Minority Institutions, Line 
     006, are hereby increased by $14,025,000.
       (b) Offset.--Funding in section 4101 for Other Procurement, 
     Army, for Automated Data Processing Equipment, Line 112, is 
     hereby reduced by $14,025,000.
                                 ______
                                 
  SA 2150. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. FACILITATING REVIEW BY THE SENATE OF CLASSIFIED 
                   DOCUMENTATION.

       (a) Facilitation Required.--
       (1) In general.--The Director of National Intelligence 
     shall facilitate the review of classified documentation when 
     requested to do so by any Senator.
       (2) Period of facilitation.--The Director shall facilitate 
     for a Senator a review under paragraph (1) not later than 15 
     days after the date on which the review is requested by the 
     Senator.
       (b) Fair Treatment.--Notwithstanding any other provision of 
     law, whenever the Director facilitates the review of 
     classified documentation for one Senator, the Director shall 
     facilitate the review of that documentation for any other 
     Senator who requests such documentation.
                                 ______
                                 
  SA 2151. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ____. AMENDMENTS TO TITLE 46.

       (a) In General.--Chapter 303 of title 46, United States 
     Code, is amended--
       (1) by redesignating section 30308 as section 30309; and
       (2) by inserting after section 30307 the following:

     ``Sec. 30308. Death of a member of the Armed Forces from an 
       accident on the high seas.

       ``(a) Definition.--In this section, the term `nonpecuniary 
     damages' means damages for loss of care, comfort, or 
     companionship.
       ``(b) Military Service Members.--In an action under this 
     chapter, if the death of a member of the Armed Forces 
     resulted from an accident occurring on the high seas beyond 
     12 nautical miles from the shore of the United States while 
     the decedent was serving aboard a United States military 
     vessel, the personal representative of the decedent may bring 
     a civil action in admiralty or at law against the person or 
     vessel responsible. The action shall be for the exclusive 
     benefit of the decedent's spouse, parent, child, dependent 
     relative, or estate. Compensation is recoverable for 
     nonpecuniary and pecuniary damages.
       ``(c) Jury Trial.--A claim under this section may be tried 
     with a jury.
       ``(d) Governing Law.--In an action under this section, the 
     maritime law of the United States shall apply.
       ``(e) Effective Date.--This section shall apply to any 
     death occurring after January 1, 2017.
       ``(f) Government Immunity.--Nothing in this Act shall be 
     construed to affect any existing laws or doctrines 
     establishing governmental immunity from tort-based claims.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended--
       (1) by redesignating the item relating to section 30308 as 
     the item relating to section 30309; and
       (2) by inserting after the item relating to section 30307 
     the following:

``30308. Death of a member of the Armed Forces from an accident on the 
              high seas.''.
                                 ______
                                 
  SA 2152. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X of division A, add the 
     following:

     SEC. 1085. REPEAL OF EXEMPTION TO CYBERSECURITY CERTIFICATION 
                   FOR RAIL ROLLING STOCK PURCHASED BY PUBLIC 
                   TRANSPORTATION AGENCIES.

       Section 5323(u)(5) of title 49, United States Code, is 
     amended--
       (1) by striking ``(A) Parties to executed contracts.--''; 
     and
       (2) by striking subparagraphs (B) and (C).
                                 ______
                                 
  SA 2153. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR 
                   PRODUCTION OF FILMS AND PROHIBITION ON USE OF 
                   SUCH FUNDS FOR FILMS SUBJECT TO CONDITIONS ON 
                   CONTENT OR ALTERED FOR SCREENING IN THE 
                   PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE 
                   COMMUNIST PARTY.

       (a) Limitation on Use of Department of Defense Funds.--The 
     Secretary of Defense may only provide technical support or 
     access to an asset controlled by the Department of Defense 
     for, or enter into a contract relating to, the production or 
     funding of a film by a United States company if the United 
     States company, as a condition of receiving the support or 
     access--
       (1) provides a list of all films produced or funded by the 
     United States company the content of which has been 
     submitted, during the shorter of the preceding 10-year period 
     or the period beginning on the date of the enactment of this 
     Act, to an official of the Government of the People's 
     Republic of China or the Chinese Communist Party for 
     evaluation with respect to screening the film in the People's 
     Republic of China, including, for each film--
       (A) the title of the film; and
       (B) the date on which the submittal occurred; and
       (2) enters into a written agreement with the Secretary not 
     to alter the content of the film in response to, or in 
     anticipation of, a request by an official of the Government 
     of the People's Republic of China or the Chinese Communist 
     Party.
       (b) Prohibition With Respect to Films Subject to Conditions 
     on Content or Altered for Screening in the People's Republic 
     of China.--Notwithstanding subsection (a), the Secretary may 
     not provide technical support or access to any asset 
     controlled by the Department for, or enter into any contract 
     relating to, the production or funding of a film by a United 
     States company if--
       (1) the film is co-produced by an entity located in the 
     People's Republic of China that is subject to conditions on 
     content imposed by an official of the Government of the 
     People's Republic of China or the Chinese Communist Party; or
       (2) with respect to the most recent report submitted under 
     subsection (c), the United States company is listed in the 
     report under subparagraph (C) or (D) of paragraph (2) of that 
     subsection.
       (c) Report to Congress.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act,

[[Page S3559]]

     and annually thereafter, the Secretary shall submit to the 
     appropriate committees of Congress a report on films 
     disclosed under subsection (a) that are associated with a 
     United States company that has received technical support or 
     access to an asset controlled by the Department for, or has 
     entered into a contract with the Department relating to, the 
     production or funding of a film.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) A description of each film listed pursuant to the 
     requirement under subsection (a)(1) the content of which was 
     submitted, during the shorter of the preceding 10-year period 
     or the period beginning on the date of the enactment of this 
     Act, by a United States company to an official of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party for evaluation with respect to screening the 
     film in the People's Republic of China, including--
       (i) the United States company that submitted the contents 
     of the film;
       (ii) the title of the film; and
       (iii) the date on which the submittal occurred.
       (B) A description of each film with respect to which a 
     United States company entered into a written agreement with 
     the Secretary pursuant to the requirement under subsection 
     (a)(2) not to alter the content of the film in response to, 
     or in anticipation of, a request by an official of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party, during the shorter of the preceding 10-year 
     period or the period beginning on the date of the enactment 
     of this Act, including--
       (i) the United States company that entered into the 
     agreement; and
       (ii) the title of the film.
       (C) The title of any film described under subparagraph (A), 
     and the corresponding United States company described in 
     clause (i) of that subparagraph--
       (i) that was submitted to an official of the Government of 
     the People's Republic of China or the Chinese Communist Party 
     during the preceding 3-year period; and
       (ii) for which the Secretary assesses that the content was 
     altered in response to, or in anticipation of, a request by 
     an official of the Government of the People's Republic of 
     China or the Chinese Communist Party.
       (D) The title of any film that is described in both 
     subparagraph (A) and subparagraph (B), and the corresponding 
     one or more United States companies described in clause (i) 
     of each such subparagraph--
       (i) that was submitted to an official of the Government of 
     the People's Republic of China or the Chinese Communist Party 
     during the preceding 10-year period; and
       (ii) for which the Secretary assesses that the content was 
     altered in response to, or in anticipation of, a request by 
     an official of the Government of the People's Republic of 
     China or the Chinese Communist Party.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Content.--The term ``content'' means any description of 
     a film, including the script.
       (3) United states company.--The term ``United States 
     company'' means a private entity incorporated in the United 
     States.
                                 ______
                                 
  SA 2154. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. LIMITATION ON USE OF FUNDS FOR PRODUCTION OF FILMS 
                   AND PROHIBITION ON USE OF SUCH FUNDS FOR FILMS 
                   SUBJECT TO CONDITIONS ON CONTENT OR ALTERED FOR 
                   SCREENING IN THE PEOPLE'S REPUBLIC OF CHINA OR 
                   THE CHINESE COMMUNIST PARTY.

       (a) Limitation on Use of Funds.--The President may only 
     authorize the provision of technical support or access to an 
     asset controlled by the Federal Government for, or authorize 
     the head of a Federal agency to enter into a contract 
     relating to, the production or funding of a film by a United 
     States company if the United States company, as a condition 
     of receiving the support or access--
       (1) provides to the Secretary a list of all films produced 
     or funded by the United States company the content of which 
     has been submitted, during the shorter of the preceding 10-
     year period or the period beginning on the date of the 
     enactment of this Act, to an official of the Government of 
     the People's Republic of China or the Chinese Communist Party 
     for evaluation with respect to screening the film in the 
     People's Republic of China, including, for each film--
       (A) the title of the film; and
       (B) the date on which the submittal occurred;
       (2) enters into a written agreement with the President, or 
     the Federal agency providing the support or access, not to 
     alter the content of the film in response to, or in 
     anticipation of, a request by an official of the Government 
     of the People's Republic of China or the Chinese Communist 
     Party; and
       (3) submits such agreement to the Secretary.
       (b) Prohibition With Respect to Films Subject to Conditions 
     on Content or Altered for Screening in the People's Republic 
     of China.--Notwithstanding subsection (a), the President may 
     not authorize the provision of technical support or access to 
     any asset controlled by the Federal Government for, or 
     authorize the head of a Federal agency to enter into any 
     contract relating to, the production or funding of a film by 
     a United States company if--
       (1) the film is co-produced by an entity located in the 
     People's Republic of China that is subject to conditions on 
     content imposed by an official of the Government of the 
     People's Republic of China or the Chinese Communist Party; or
       (2) with respect to the most recent report submitted under 
     subsection (c), the United States company is listed in the 
     report under subparagraph (C) or (D) of paragraph (2) of that 
     subsection.
       (c) Report to Congress.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report on films disclosed under subsection (a) 
     that are associated with a United States company that has 
     received technical support or access to an asset controlled 
     by the Federal Government for, or has entered into a contract 
     with the Federal Government relating to, the production or 
     funding of a film.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) A description of each film listed pursuant to the 
     requirement under subsection (a)(1) the content of which was 
     submitted, during the shorter of the preceding 10-year period 
     or the period beginning on the date of the enactment of this 
     Act, by a United States company to an official of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party for evaluation with respect to screening the 
     film in the People's Republic of China, including--
       (i) the United States company that submitted the contents 
     of the film;
       (ii) the title of the film; and
       (iii) the date on which the submittal occurred.
       (B) A description of each film with respect to which a 
     United States company entered into a written agreement with 
     the President or the Federal agency providing the support or 
     access, as applicable, pursuant to the requirement under 
     subsection (a)(2) not to alter the content of the film in 
     response to, or in anticipation of, a request by an official 
     of the Government of the People's Republic of China or the 
     Chinese Communist Party, during the shorter of the preceding 
     10-year period or the period beginning on the date of the 
     enactment of this Act, including--
       (i) the United States company that entered into the 
     agreement; and
       (ii) the title of the film.
       (C) The title of any film described under subparagraph (A), 
     and the corresponding United States company described in 
     clause (i) of that subparagraph--
       (i) that was submitted to an official of the Government of 
     the People's Republic of China or the Chinese Communist Party 
     during the preceding 3-year period; and
       (ii) for which the Secretary assesses that the content was 
     altered in response to, or in anticipation of, a request by 
     an official of the Government of the People's Republic of 
     China or the Chinese Communist Party.
       (D) The title of any film that is described in both 
     subparagraph (A) and subparagraph (B), and the corresponding 
     one or more United States companies described in clause (i) 
     of each such subparagraph--
       (i) that was submitted to an official of the Government of 
     the People's Republic of China or the Chinese Communist Party 
     during the preceding 10-year period; and
       (ii) for which the Secretary assesses that the content was 
     altered in response to, or in anticipation of, a request by 
     an official of the Government of the People's Republic of 
     China or the Chinese Communist Party.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Commerce, Science, 
     and Transportation of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Energy and Commerce of 
     the House of Representatives.
       (2) Content.--The term ``content'' means any description of 
     a film, including the script.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (4) United states company.--The term ``United States 
     company'' means a private entity incorporated in the United 
     States.
                                 ______
                                 
  SA 2155. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department

[[Page S3560]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, 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. __. REPORT ON THE EFFECT OF THE DEFENSE MANUFACTURING 
                   COMMUNITIES SUPPORT PROGRAM ON THE DEFENSE 
                   SUPPLY CHAIN.

       Not later than September 30, 2021, the Secretary of Defense 
     shall submit to Congress a report evaluating the effect of 
     the Defense Manufacturing Communities Support Program on the 
     defense supply chain. The evaluation should consider the 
     program's effect on--
       (1) the diversification of the supply chain;
       (2) procurement costs; and
       (3) efficient procurement processes.
                                 ______
                                 
  SA 2156. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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:

                 Subtitle __--Industries of the Future

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Industries of the 
     Future Act of 2020''.

     SEC. __2. REPORT ON FEDERAL RESEARCH AND DEVELOPMENT FOCUSED 
                   ON INDUSTRIES OF THE FUTURE.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Science and Technology Policy shall submit to Congress a 
     report on research and development investments, 
     infrastructure, and workforce development investments of the 
     Federal Government that enable continued United States 
     leadership in industries of the future.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) A definition, for purposes of this Act, of the term 
     ``industries of the future'' that includes emerging 
     technologies.
       (2) An assessment of the current baseline of investments in 
     civilian research and development investments of the Federal 
     Government in the industries of the future.
       (3) A plan to double such baseline investments in 
     artificial intelligence and quantum information science by 
     fiscal year 2022.
       (4) A detailed plan to increase investments described in 
     paragraph (2) in industries of the future to $10,000,000,000 
     per year by fiscal year 2025.
       (5) A plan to leverage investments described in paragraphs 
     (2), (3), and (4) in industries of the future to elicit 
     complimentary investments by non-Federal entities to the 
     greatest extent practicable.
       (6) Proposed legislation to implement such plans.

     SEC. __3. INDUSTRIES OF THE FUTURE COORDINATION COUNCIL.

       (a) Establishment.--
       (1) In general.--The President shall establish or designate 
     a council to advise the Director of the Office of Science and 
     Technology Policy on matters relevant to the Director and the 
     industries of the future.
       (2) Designation.--The council established or designated 
     under paragraph (1) shall be known as the ``Industries of the 
     Future Coordination Council'' (in this section the 
     ``Council'').
       (b) Membership.--
       (1) Composition.--The Council shall be composed of members 
     from the Federal Government as follows:
       (A) One member appointed by the Director.
       (B) A chairperson of the Select Committee on Artificial 
     Intelligence of the National Science and Technology Council.
       (C) A chairperson of the Subcommittee on Advanced 
     Manufacturing of the National Science and Technology Council.
       (D) A chairperson of the Subcommittee on Quantum 
     Information Science of the National Science and Technology 
     Council.
       (E) Such other members as the President considers 
     appropriate.
       (2) Chairperson.--The member appointed to the Council under 
     paragraph (1)(A) shall serve as the chairperson of the 
     Council.
       (c) Duties.--The duties of the Council are as follows:
       (1) To provide the Director with advice on ways in which in 
     the Federal Government can ensure the United States continues 
     to lead the world in developing emerging technologies that 
     improve the quality of life of the people of the United 
     States, increase economic competitiveness of the United 
     States, and strengthen the national security of the United 
     States, including identification of the following:
       (A) Investments required in fundamental research and 
     development, infrastructure, and workforce development of the 
     United States workers who will support the industries of the 
     future.
       (B) Actions necessary to create and further develop the 
     workforce that will support the industries of the future.
       (C) Actions required to leverage the strength of the 
     research and development ecosystem of the United States, 
     which includes academia, industry, and nonprofit 
     organizations.
       (D) Ways that the Federal Government can consider 
     leveraging existing partnerships and creating new 
     partnerships and other multisector collaborations to advance 
     the industries of the future.
       (2) To provide the Director with advice on matters relevant 
     to the report required by section __2.
       (d) Coordination.--The Council shall coordinate with and 
     utilize relevant existing National Science and Technology 
     Council committees to the maximum extent feasible in order to 
     minimize duplication of effort.
       (e) Sunset.--The Council shall terminate on the date that 
     is 6 years after the date of the enactment of this Act.
                                 ______
                                 
  SA 2157. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 812, line 18, insert ``the Secretary of State and'' 
     before ``the Minister of Defense''.

                                 ______
                                 
  SA 2158. Mr. THUNE (for himself and Mr. Schatz) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. AUTOMATIC ANNUAL INCREASE IN RATES OF DISABILITY 
                   COMPENSATION AND DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Indexing to Social Security Increases.--Section 5312 of 
     title 38, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c)(1) Whenever there is an increase in benefit amounts 
     payable under title II of the Social Security Act (42 U.S.C. 
     401 et seq.) as a result of a determination made under 
     section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary 
     shall, effective on the date of such increase in benefit 
     amounts, increase the dollar amounts in effect for the 
     payment of disability compensation and dependency and 
     indemnity compensation by the Secretary, as specified in 
     paragraph (2), as such amounts were in effect immediately 
     before the date of such increase in benefit amounts payable 
     under title II of the Social Security Act, by the same 
     percentage as the percentage by which such benefit amounts 
     are increased.
       ``(2) The dollar amounts to be increased pursuant to 
     paragraph (1) are the following:
       ``(A) Disability compensation.--Each of the dollar amounts 
     in effect under section 1114 of this title.
       ``(B) Additional compensation for dependents.--Each of the 
     dollar amounts in effect under section 1115(1) of this title.
       ``(C) Clothing allowance.--The dollar amount in effect 
     under section 1162 of this title.
       ``(D) New dic rates.--Each of the dollar amounts in effect 
     under paragraphs (1) and (2) of section 1311(a) of this 
     title.
       ``(E) Old dic rates.--Each of the dollar amounts in effect 
     under section 1311(a)(3) of this title.
       ``(F) Additional dic for surviving spouses with minor 
     children.--The dollar amount in effect under section 1311(b) 
     of this title.
       ``(G) Additional dic for disability.--Each of the dollar 
     amounts in effect under subsections (c) and (d) of section 
     1311 of this title.
       ``(H) DIC for dependent children.--Each of the dollar 
     amounts in effect under sections 1313(a) and 1314 of this 
     title.''; and
       (3) by adding at the end of subsection (d), as redesignated 
     by paragraph (1), the following new paragraph:
       ``(3) Whenever there is an increase under subsection (c)(1) 
     in amounts in effect for the payment of disability 
     compensation and dependency and indemnity compensation, the 
     Secretary shall publish such amounts, as increased pursuant 
     to such subsection, in the Federal Register at the same time 
     as the material required by section 215(i)(2)(D) of the 
     Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by 
     reason of a determination under section 215(i) of such Act 
     (42 U.S.C. 415(i)).''.
       (b) Effective Date.--Subsection (c) of section 5312 of 
     title 38, United States Code, as added by subsection (a) of 
     this section, shall take effect on the first day of the first 
     calendar year that begins after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 2159. Mr. THUNE submitted an amendment intended to be proposed by

[[Page S3561]]

him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1052. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE REMOTELY 
                   PILOTED AIRCRAFT AND RELATED EQUIPMENT TO 
                   DEPARTMENT OF HOMELAND SECURITY FOR U.S. 
                   CUSTOMS AND BORDER PATROL PURPOSES AND 
                   DEPARTMENT OF AGRICULTURE FOR U.S. FOREST 
                   SERVICE PURPOSES.

       (a) Offer of First Refusal Outside DoD.--
       (1) In general.--Upon a determination that aircraft or 
     equipment specified in subsection (c) is also excess to the 
     requirements of all components of the Department of Defense, 
     the Secretary of Defense shall offer to the Secretary of 
     Homeland Security to transfer such aircraft or equipment to 
     the Secretary of Homeland Security for use by U.S. Customs 
     and Border Patrol.
       (2) Timing of offer.--Any offer under this subsection for 
     aircraft or equipment shall be made before such aircraft or 
     equipment is otherwise disposed of outside the Department of 
     Defense.
       (b) Offer of Second Refusal Outside DoD.--
       (1) In general.--Upon a determination that aircraft or 
     equipment offered to the Secretary of Homeland Security 
     pursuant to subsection (a) will not be accepted by the 
     Secretary of Homeland Security in accordance with that 
     subsection, the Secretary of Defense shall offer to the 
     Secretary of Agriculture to transfer such aircraft or 
     equipment to the Secretary of Agriculture for use by the U.S. 
     Forest Service for wildland fire management purposes
       (2) Timing of offer.--Any offer under this subsection for 
     aircraft or equipment shall be made before such aircraft or 
     equipment is otherwise disposed of outside the Department of 
     Defense.
       (c) Aircraft and Equipment.--The aircraft and equipment 
     specified in this subsection is the following:
       (1) Retired MQ-1 Predator, MQ-9 Reaper, RQ-4 Global Hawk, 
     or other remotely piloted aircraft that are excess to the 
     requirements of the military departments.
       (2) Initial spare MQ-1 Predator, MQ-9 Reaper, RQ-4 Global 
     Hawk, or other remotely piloted aircraft that are excess to 
     the requirements of the military departments.
       (3) Ground support equipment of the military departments 
     for MQ-1 Predator MQ-9 Reaper, RQ-4 Global Hawk, or other 
     remotely piloted aircraft that are excess to the requirements 
     of the military departments.
       (d) Transfer.--If the Secretary of Homeland Security 
     accepts an offer under subsection (a), or the Secretary of 
     Agriculture accepts an offer under subsection (b), the 
     Secretary of the military department of having jurisdiction 
     the aircraft or equipment concerned shall transfer such 
     aircraft or equipment to the Secretary of Homeland Security 
     or the Secretary of Agriculture, as applicable. The cost of 
     any aircraft or equipment so transferred, and the cost of 
     transfer, shall be borne by the Secretary of Homeland 
     Security or the Secretary of Agriculture, as applicable.
       (e) Demilitarization.--Any aircraft or equipment 
     transferred under this section shall be demilitarized before 
     transfer. The cost of demilitarization shall be borne by the 
     Department of Defense.
       (f) Use of Transferred Aircraft and Equipment.--
       (1) Department of homeland security.--Any aircraft or 
     equipment transferred to the Secretary of Homeland Security 
     pursuant to this section shall be used by the Commissioner of 
     U.S. Customs and Border Patrol for border security, 
     enforcement of the immigration laws, and related purposes.
       (2) Department of agriculture.--Any aircraft or equipment 
     transferred to the Secretary of Agriculture pursuant to this 
     section shall be used by the Chief of the U.S. Forest Service 
     for wildland fire management and related purposes.
                                 ______
                                 
  SA 2160. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 382. AUTHORIZATION FOR MAINTENANCE FACILITY SPACE FOR 
                   HANGERS AT NORTHERN TIER BASES OF THE AIR 
                   NATIONAL GUARD.

       (a) In General.--In addition to any other authorization for 
     aircraft maintenance space, including for corrosion control 
     and fuel system maintenance, the Secretary of the Air Force 
     may construct covered space for the maintenance of aircraft 
     at Northern Tier bases for the Air National Guard to ensure 
     that each such base has covered space for the maintenance of 
     aircraft at a size of not less than 50,000 square feet.
       (b) Requirements.--Construction conducted under subsection 
     (a) shall--
       (1) prioritize efficiencies and cost savings with respect 
     to conditions-influenced maintenance;
       (2) prioritize efficiencies and cost savings with respect 
     to mission readiness related to adverse weather; and
       (3) be subject to the technical and operations standards 
     for aircraft at the base at which the construction is 
     conducted.
       (c) Funding.--Construction conducted under subsection (a) 
     shall be subject to the availability of funds for such 
     purpose.
                                 ______
                                 
  SA 2161. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 382. COST-SHARING AGREEMENT FOR STATE AND FEDERAL COSTS 
                   FOR RIFLE TRAINING RANGE FOR AIR FORCE SECURITY 
                   FORCES.

       (a) Authorization.--The Secretary may enter into a cost-
     sharing agreement with a State for the purposes of 
     establishing a rifle training range for the Air Force 
     Security Forces.
       (b) Request for Proposal.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall issue to all 
     States a request for proposal for a cost-sharing agreement 
     under subsection (a).
       (2) Elements of proposals.--In reviewing proposals 
     submitted by States under paragraph (1) the Secretary shall 
     consider--
       (A) training requirements of current and anticipated Air 
     Force Security Forces;
       (B) cost savings or cost avoidance concerning travel, 
     accommodations, and other costs related to current training 
     activities of the Air Force Security Forces;
       (C) the benefits of the proposal to other requirements of 
     the Department of Defense or another Federal agency;
       (D) the benefits of the proposal to each State; and
       (E) the cost-sharing arrangement proposed by the State.
       (c) Authorization of Funds.--
       (1) Authorization of land acquisition.--There is authorized 
     to be appropriated to the Secretary $10,000,000 to be used by 
     the Secretary for the purposes of land acquisition to carry 
     out this section.
       (2) Augmentation of rifle training range.--There is 
     authorized to be appropriated to the Secretary such funds as 
     may be necessary to augment the rifle training range 
     authorized under subsection (a) as necessary to support 
     training requirements of the Air Force Security Forces.
       (3) Solicitation of additional funds.--The Secretary may 
     solicit additional funds from another military department or 
     Federal agency to defray acquisition and operational costs 
     under this section.
       (d) Secretary Defined.--In this section, the term 
     ``Secretary'' means the Secretary of the Air Force.
                                 ______
                                 
  SA 2162. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 C of title IX, add the 
     following:

     SEC. 944. STUDY ON CONTRIBUTION OF EXISTING FEDERAL SPACE-
                   RELATED ASSETS TO SPACE FORCE MISSIONS.

       (a) In General.--The Secretary of the Air Force and the 
     Chief of Space Operations shall, in consultation with the 
     heads of other applicable departments and agencies of the 
     Federal Government, jointly conduct a study on the 
     feasibility and advisability of the contribution of existing 
     space-related assets of other departments and agencies of the 
     Federal Government to the discharge of Space Force missions.
       (b) Elements.--The study conducted under subsection (a) 
     shall review the following:
       (1) The ability to co-locate Space Force assets at other 
     facilities of the Federal Government that currently conduct 
     space-related activities, including facilities operated by 
     each of the following:
       (A) The National Reconnaissance Office.
       (B) The National Geospatial-Intelligence Agency.
       (C) The National Security Agency.
       (D) The National Aeronautics and Space Administration.
       (E) The United States Geological Survey.
       (F) The National Oceanic and Atmospheric Administration.
       (G) Any other department or agency of the Federal 
     Government considered appropriate by the Secretary and the 
     Chief of Space Operations.

[[Page S3562]]

       (2) The suitability of each Federal agency specified in 
     paragraph (1) to host the following:
       (A) Regular Space Force units, including detachments.
       (B) Technological support for Space Force mission 
     requirements, including data storage and communications.
       (C) Any other mission or support considered appropriate by 
     the Secretary and the Chief of Space Operations.
       (c) Scope of Review.--In reviewing the facility of a 
     Federal agency in connection with the study under subsection 
     (a), the Secretary and the Chief of Space Operations shall 
     take into account the following at or in connection with such 
     facility:
       (1) Available surplus real estate.
       (2) Data storage capacity and data security.
       (3) Communications connectivity.
       (4) Available civilian workforce.
       (5) Costs in the vicinity of such installation.
       (6) Locality pay in the vicinity of such installation
       (7) Potential for hosting additional Space Force activities 
     in the future, including activities of a Space Force Reserve 
     or Space National Guard.
       (d) Report to Congress.--Not later than one year after the 
     date of the enactment of this Act, the Secretary and the 
     Chief of Space Operations shall jointly submit to Congress a 
     report setting forth the results of the study conducted under 
     subsection (a).
                                 ______
                                 
  SA 2163. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 IV, add the following:

     SEC. 403. EXCLUSION FROM ACTIVE-DUTY PERSONNEL END STRENGTH 
                   LIMITATIONS OF CERTAIN MILITARY PERSONNEL 
                   ASSIGNED FOR DUTY IN CONNECTION WITH THE 
                   FOREIGN MILITARY SALES PROGRAM.

       (a) Exclusion.--Except as provided in subsection (c), 
     members of the Armed Forces on active duty who are assigned 
     to an entity specified in subsection (b) for duty in 
     connection with the Foreign Military Sales (FMS) program 
     shall not count toward any end strength limitation for 
     active-duty personnel otherwise applicable to members of the 
     Armed Forces on active duty.
       (b) Specified Entities.--The entities specified in this 
     subsection are the following:
       (1) The military departments.
       (2) The Defense Security Cooperation Agency.
       (3) The combatant commands.
       (c) Inapplicability to General and Flag Officers.--
     Subsection (a) shall not apply with respect to any general or 
     flag officer assigned as described in that subsection.
                                 ______
                                 
  SA 2164. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title I, add the following:

     SEC. 114. PROCUREMENT OF S-400 AIR DEFENSE MISSILE SYSTEM 
                   FROM REPUBLIC OF TURKEY.

       (a) Authority.--Subject to subsection (b), such sums as may 
     be necessary are authorized to be appropriated for the Army 
     for ``Missile Procurement, Army'' for the purchase of an S-
     400 missile defense system.
       (b) Certification Requirement.--The authority to purchase 
     an S-400 missile defense system under subsection (a) is 
     subject to a certification by the Government of Turkey to the 
     Secretary of Defense and the Secretary of State that the 
     proceeds of such purchase will not be utilized to purchase or 
     otherwise acquire military apparatus deemed by the United 
     States to be incompatible with the North Atlantic Treaty 
     Organization.
                                 ______
                                 
  SA 2165. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 X, add the following:

     SEC. __. PROHIBITION ON USE OF FUNDS TO TRANSFER OR RELEASE 
                   INDIVIDUALS DETAINED AT UNITED STATES NAVAL 
                   STATION GUANTANAMO BAY, CUBA, IN CONNECTION 
                   WITH AGREEMENT FOR BRINGING PEACE TO 
                   AFGHANISTAN.

       No amounts authorized to be appropriated by this Act may be 
     used to transfer or release any individual detained in the 
     custody or under the control of the Department of Defense at 
     United States Naval Station, Guantanamo Bay, Cuba, from 
     United States Naval Station, Guantanamo Bay, in connection 
     with the Agreement for Bringing Peace to Afghanistan between 
     the Islamic Emirate of Afghanistan which is not recognized by 
     the United States as a state and is known as the Taliban and 
     the United States of America, signed at Doha February 29, 
     2020.
                                 ______
                                 
  SA 2166. Mr. INHOFE (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 1___. SUPPORT FOR RURAL WATER SYSTEMS.

       Section 3.7(f) of the Farm Credit Act of 1971 (12 U.S.C. 
     2128(f)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (2) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``(f) The banks'' and inserting 
     the following:
       ``(f) Support for Rural Water Systems.--
       ``(1) In general.--The banks'';
       (3) in the undesignated matter following paragraph (1)(B) 
     (as so designated), by striking ``For purposes of'' and all 
     that follows through ``means'' and inserting the following:
       ``(2) Definition of rural area.--In this subsection, the 
     term `rural area'--
       ``(A) means''; and
       (4) in paragraph (2)(A) (as so designated), by striking the 
     period at the end and inserting the following: ``; and
       ``(B) includes, only in the case of a loan made under 
     paragraph (1) that is guaranteed by the Secretary of 
     Agriculture under the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1921 et seq.), a rural area (as defined in 
     section 343(a)(13) of that Act (7 U.S.C. 1991(a)(13))).''.
                                 ______
                                 
  SA 2167. Mr. MENENDEZ (for himself and Mr. Sullivan) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. UNITED STATES SPECIAL REPRESENTATIVE FOR THE ARCTIC.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a) is amended--
       (1) by redesignating subsection (g) as subsection (h); and; 
     and
       (2) by inserting after subsection (f) the following:
       ``(g) Special Representative for the Arctic.--
       ``(1) Designation.--The Secretary of State shall designate 
     a Special Representative for the Arctic--
       ``(A) to coordinate the United States Government response 
     to international disputes and needs in the Arctic;
       ``(B) to represent the United States Government, as 
     appropriate, in multilateral fora in discussions concerning 
     access, cooperation, conservation, cultural relations, and 
     transit in the Arctic; and
       ``(C) to formulate United States policy to assist in the 
     resolution of international conflicts in the Arctic.
       ``(2) Other responsibilities.--The Special Representative 
     for the Arctic may carry out other assigned responsibilities, 
     in addition to the duties described in paragraph (1).''.
                                 ______
                                 
  SA 2168. Mr. DURBIN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1242. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED 
                   ACTION TO ENSURE THE SECURITY OF BALTIC ALLIES.

       It is the sense of Congress that--
       (1) the continued security of the Baltic states of Estonia, 
     Latvia, and Lithuania is

[[Page S3563]]

     critical to achieving United States national security 
     interests and defense objectives against the acute and 
     formidable threat posed by Russia;
       (2) the United States and the Baltic states are leaders in 
     the mission of defending independence and democracy from 
     aggression and in promoting stability and security within the 
     North Atlantic Treaty Organization (NATO), with non-NATO 
     partners, and with other international organizations such as 
     the European Union;
       (3) the Baltic states are model NATO allies in terms of 
     burden sharing and capital investment in materiel critical to 
     United States and allied security, investment of over 2 
     percent of their gross domestic product on defense 
     expenditure, allocating over 20 percent of their defense 
     budgets on capital modernization, matching security 
     assistance from the United States, frequently deploying their 
     forces around the world in support of allied and United 
     States objectives, and sharing diplomatic, technical, 
     military, and analytical expertise on defense and security 
     matters;
       (4) the United States should continue to strengthen 
     bilateral and multilateral defense by, with, and through 
     allied nations, particularly those that possess expertise and 
     dexterity but do not enjoy the benefits of national economies 
     of scale;
       (5) the United States should pursue a dedicated initiative 
     focused on defense and security assistance, coordination, and 
     planning designed to ensure the continued security of the 
     Baltic states and on deterring current and future challenges 
     to the national sovereignty of United States allies and 
     partners in the Baltic region; and
       (6) such an initiative should include an innovative and 
     comprehensive conflict deterrence strategy for the Baltic 
     region encompassing the unique geography of the Baltic 
     states, modern and diffuse threats to their land, sea, and 
     air spaces, and necessary improvements to their defense 
     posture, including command-and-control infrastructure, 
     intelligence, surveillance, and reconnaissance capabilities, 
     communications equipment and networks, and special forces.
                                 ______
                                 
  SA 2169. Mr. DURBIN (for himself, Mr. Markey, and Ms. Baldwin) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1282. SENSE OF SENATE ON THE RUSSIAN FEDERATION'S 
                   ILLEGAL OCCUPATION OF CRIMEA AND DONBASS.

       It is the sense of the Senate that--
       (1) as precondition for readmission into a reconstituted 
     G8, the Russian Federation must end its illegal occupation of 
     Crimea and Donbass and cease its malign activities against 
     democratic countries; and
       (2) it should be the official policy of the United States 
     to reject the readmission of the Russian Federation into a 
     reconstituted G8 and the participation of the Russian 
     Federation in any future G7 proceeding unless the Russian 
     Federation has ended its illegal occupation of Crimea and 
     Donbass and is fully implementing its commitments under the 
     Minsk agreements.
                                 ______
                                 
  SA 2170. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. 593. IMPROVEMENTS TO FINANCIAL LITERACY TRAINING; 
                   PROVISION OF INFORMATION RELATING TO THE 
                   BLENDED RETIREMENT SYSTEM.

       (a) Improvements to Financial Literacy Training.--
       (1) In general.--Subsection (a) of section 992 of title 10, 
     United States Code, is amended--
       (A) in paragraph (2)(C), by striking ``grade E-4'' and 
     inserting ``grade E-6'';
       (B) by adding at the end the following new paragraph:
       ``(5) In carrying out the program to provide training under 
     this subsection, the Secretary concerned shall--
       ``(A) require the development of a standard curriculum 
     across all military departments for such training that--
       ``(i) focuses on ensuring that members of the armed forces 
     who receive such training develop proficiency in financial 
     literacy rather than focusing on completion of training 
     modules;
       ``(ii) is based on best practices in the financial services 
     industry, such as the use of a social learning approach and 
     the incorporation of elements of behavioral economics or 
     gamification; and
       ``(iii) is designed to address the needs of members and 
     their families;
       ``(B) ensure that such training--
       ``(i) is conducted by a financial services counselor who is 
     qualified as described in paragraph (3) of subsection (b) or 
     by other means as described in paragraph (2)(A)(ii) of that 
     subsection;
       ``(ii) is provided, to the extent practicable--
       ``(I) in a class held in person with fewer than 50 
     attendees; or
       ``(II) one-on-one between the member and a financial 
     services counselor or a qualified representative described in 
     subclause (III) or (IV) of subsection (b)(2)(A)(ii); and
       ``(iii) is provided using computer-based methods only if 
     methods described in clause (ii) are impractical or 
     unavailable;
       ``(C) ensure that--
       ``(i) an in-person class described in subparagraph 
     (B)(i)(I) is available to the spouse of a member; and
       ``(ii) if a spouse of a member is unable to attend such a 
     class in person--
       ``(I) training is available to the spouse through Military 
     OneSource; and
       ``(II) the member is informed during the in-person training 
     of the member under subparagraph (B)(i) with respect to how 
     the member's spouse can access the training;
       ``(D) ensure that such training, and all documents and 
     materials provided in relation to such training, are 
     presented or written in manner that the Secretary determines 
     can be understood by the average enlisted member.''.
       (2) Qualified representatives for counseling for members 
     and spouses.--Subsection (b)(2)(A)(ii) of such section is 
     amended by adding at the end the following:
       ``(IV) Through qualified representatives of banks or credit 
     unions operating on military installations pursuant to an 
     operating agreement with the Department of Defense or a 
     military department.''.
       (3) Provision of retirement information.--Such section is 
     further amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (g), respectively; and
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Provision of Retirement Information.--In each 
     training under subsection (a) and in each meeting to provide 
     counseling under subsection (b), a member of the armed forces 
     shall be provided with--
       ``(1) all forms relating to retirement that are relevant to 
     the member, including with respect to the Thrift Savings 
     Plan;
       ``(2) information with respect to how to find additional 
     information; and
       ``(3) contact information for--
       ``(A) counselors provided through--
       ``(i) the Personal Financial Counselor program, the 
     Personal Financial Management program, or Military OneSource; 
     or
       ``(ii) nonprofit organizations or agencies that have in 
     effect agreements with the Department of Defense to provide 
     financial services counseling; or
       ``(B) qualified representatives of banks or credit unions 
     operating on military installations pursuant to an operating 
     agreement with the Department of Defense or a military 
     department.''.
       (4) Advisory council on financial readiness.--Such section 
     is further amended by inserting after subsection (e), as 
     redesignated by paragraph (3)(A), the following new 
     subsection:
       ``(f) Advisory Council on Financial Readiness.--
       ``(1) Establishment.--There is established an Advisory 
     Council on Financial Readiness (in this section referred to 
     as the `Council').
       ``(2) Membership.--
       ``(A) In general.--The Council shall consist of 12 members 
     appointed by the Secretary of Defense, as follows:
       ``(i) Three shall be representatives of military support 
     organizations.
       ``(ii) Three shall be representatives of veterans service 
     organizations.
       ``(iii) Three shall be representatives of private, 
     nonprofit organizations with a vested interest in education 
     and communication of financial education and financial 
     services.
       ``(iv) Three shall be representatives of governmental 
     entities with a vested interest in education and 
     communication of financial education and financial services.
       ``(B) Qualifications.--The Secretary shall appoint members 
     to the Council from among individuals qualified to appraise 
     military compensation, military retirement, and financial 
     literacy training.
       ``(C) Terms.--Members of the Council shall serve for terms 
     of three years, except that, of the members first appointed--
       ``(i) five shall be appointed for terms of one year;
       ``(ii) five shall be appointed for terms of two years; and
       ``(iii) five shall be appointed for terms of three years.
       ``(D) Reappointment.--A member of the Council may be 
     reappointed for additional terms.
       ``(E) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term of office for 
     which such member's predecessor was appointed shall be 
     appointed only for the remainder of such term.
       ``(3) Duties and functions.--The Council shall--
       ``(A) advise the Secretary with respect to matters relating 
     to the financial literacy and financial readiness of members 
     of the armed forces; and

[[Page S3564]]

       ``(B) submit to the Secretary recommendations with respect 
     to those matters.
       ``(4) Meetings.--
       ``(A) In general.--Subject to subparagraph (B), the Council 
     shall meet not less frequently than twice each year and at 
     such other times as the Secretary requests.
       ``(B) During election period for blended retirement 
     system.--During the period beginning on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2021 and ending at the end of the period provided 
     for under section 1409(b)(4) and 12739(f) to elect to be 
     enrolled in the Blended Retirement System, the Council shall 
     meet not less frequently than every 90 days.
       ``(C) Quorum.--A majority of members shall constitute a 
     quorum and action shall be taken only by a majority vote of 
     the members present and voting.
       ``(5) Support services.--The Secretary--
       ``(A) shall provide to the Council an executive secretary 
     and such secretarial, clerical, and other support services as 
     the Council considers necessary to carry out the duties of 
     the Council; and
       ``(B) may request that other Federal agencies provide 
     statistical data, reports, and other information that is 
     reasonably accessible to assist the Council in the 
     performance of the duties of the Council.
       ``(6) Compensation.--While away from their homes or regular 
     places of business in the performance of services for 
     Council, members of the Council shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5.
       ``(7) Annual report.--Not less frequently than annually, 
     the Secretary shall submit to Congress a report that--
       ``(A) describes each recommendation received from the 
     Council during the preceding year; and
       ``(B) includes a statement, with respect to each such 
     recommendation, of whether the Secretary has implemented the 
     recommendation and, if not, a description of why the 
     Secretary has not implemented the recommendation.
       ``(8) Termination.--Section 14(a) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) (relating to termination) shall 
     not apply to the Council.
       ``(9) Definitions.--In this subsection:
       ``(A) Military support organization.--The term `military 
     support organization' means an organization that provides 
     support to members of the armed forces and their families 
     with respect to education, finances, health care, employment, 
     and overall well-being.
       ``(B) Veterans service organization.--The term `veterans 
     service organization' means any organization recognized by 
     the Secretary for the representation of veterans under 
     section 5902 of title 38.''.
       (5) Report on effectiveness of financial services 
     counseling.--Not later than 3 years after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees (as defined in 
     section 101 of title 10, United States Code) a report on 
     financial literacy training and financial services counseling 
     provided under section 992 of title 10, United States Code, 
     as amended by this subsection, that assesses--
       (A) the effectiveness of such training and counseling, 
     which shall be determined using actual localized data similar 
     to the Unit Risk Inventory Survey of the Army; and
       (B) whether additional training or counseling is necessary 
     for enlisted members of the Armed Forces or for officers.
       (b) Modifications to Lump Sum Payments of Certain Retired 
     Pay.--
       (1) Spousal consent to lump sum payment.--Subsection (b) of 
     section 1415 of title 10, United States Code, is amended by 
     adding at the end the following:
       ``(7) Spousal consent for election of lump sum payment.--An 
     eligible person who is married may not elect to receive a 
     lump sum payment under this subsection without the 
     concurrence of the person's spouse, unless the eligible 
     person establishes to the satisfaction of the Secretary 
     concerned--
       ``(A) that the spouse's whereabouts cannot be determined; 
     or
       ``(B) that, due to exceptional circumstances, requiring the 
     person to seek the spouse's consent would otherwise be 
     inappropriate.''.
       (2) Disclosures relating to offer of lump sum payment.--
     Such section is further amended--
       (A) by redesignating subsection (e) as subsection (g); and
       (B) by inserting after subsection (d) the following new 
     subsections:
       ``(e) Disclosures Relating to Offer of Lump Sum Payment.--
       ``(1) In general.--Not later than 90 days before offering 
     an eligible person a partial or full lump sum payment under 
     this section, the Secretary of Defense shall provide a notice 
     to the person, and the person's spouse, if married, that 
     includes the following:
       ``(A) A description of the available retirement benefit 
     options, including--
       ``(i) the monthly covered retired pay that the person would 
     receive after the person attains retirement age if the person 
     is not already receiving such pay;
       ``(ii) the monthly covered retired pay that the person 
     would receive if payments begin immediately; and
       ``(iii) the amount of the lump sum payment the person would 
     receive if the person elects to receive the lump sum payment.
       ``(B) An explanation of how the amount of the lump sum 
     payment was calculated, including the interest rate and 
     mortality assumptions used in the calculation, and whether 
     any additional benefits were included in the amount.
       ``(C) A description of how the option to take the lump sum 
     payment compares to the value of the covered retired pay the 
     person would receive if the person elected not to take the 
     lump sum payment.
       ``(D) A statement of whether, by purchasing a commercially 
     available annuity using the lump sum payment, it would be 
     possible to replicate the stream of payments the person would 
     receive if the person elected not to take the lump sum 
     payment.
       ``(E) A description of the potential implications of 
     accepting the lump sum payment, including possible benefits 
     and reductions in such benefits, investment risks, longevity 
     risks, and loss of protection from creditors.
       ``(F) A description of the tax implications of accepting 
     the lump sum payment, including rollover options, early 
     distribution penalties, and associated tax liabilities.
       ``(G) Instructions for how to accept or reject the offer of 
     the lump sum payment and the date by which the person is 
     required to accept or reject the offer.
       ``(H) Contact information for the person to obtain more 
     information or ask questions about the option to accept the 
     lump sum payment, including the opportunity for a one-on-one 
     meeting with a counselor provided through the Personal 
     Financial Counselor program or the Personal Financial 
     Management program.
       ``(I) A statement that--
       ``(i) financial advisers (other than financial services 
     counselors provided through the Personal Financial Counselor 
     program or the Personal Financial Management program) may not 
     be required to act in the best interests of the person or the 
     person's beneficiaries with respect to determining whether to 
     take the lump sum payment; and
       ``(ii) if the person or a beneficiary of the person is 
     seeking financial advice from a financial adviser not 
     affiliated with the armed forces, the person or beneficiary 
     should obtain written confirmation that the adviser is acting 
     as a fiduciary to the person or beneficiary.
       ``(J) Such other information as the Secretary considers to 
     be necessary or relevant.
       ``(2) Form.--The Secretary shall ensure that any notice 
     provided to an eligible person under paragraph (1)--
       ``(A) is written in manner that the Secretary determines 
     can be understood by the average enlisted member of the armed 
     forces; and
       ``(B) is presented in a manner that is not biased for or 
     against acceptance of the offer of the lump sum payment.
       ``(f) Report Required.--Not later than one year after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2021, and annually thereafter, the 
     Secretary shall submit to the congressional defense 
     committees report that--
       ``(1) sets forth the number of members of the armed forces 
     who take a partial or full lump sum payment under this 
     section; and
       ``(2) describes the details of the arrangements relating to 
     taking such a payment, including--
       ``(A) whether members have taken a partial lump sum payment 
     in exchange for reduced future benefits;
       ``(B) whether members have taken a full lump sum payment; 
     and
       ``(C) information relating to the members who have taken a 
     partial or full lump sum payment, such as the age and rank of 
     such members.''.
       (c) Additional Election Period for Blended Retirement 
     System.--
       (1) Additional election period for members of uniformed 
     services.--Section 1409(b)(4) of title 10, United States 
     Code, is amended--
       (A) by striking subparagraph (A) and inserting the 
     following new subparagraph (A):
       ``(A) Reduced multiplier for full tsp members.--
       ``(i) In general.--Notwithstanding paragraphs (1), (2), and 
     (3), in the case of a member described in clause (ii) 
     (referred to as a `full TSP member')--

       ``(I) paragraph (1)(A) shall be applied by substituting `2' 
     for `2\1/2\';
       ``(II) clause (i) of paragraph (3)(B) shall be applied by 
     substituting `60 percent' for `75 percent'; and
       ``(III) clause (ii)(I) of such paragraph shall be applied 
     by substituting `2' for `2\1/2\'.

       ``(ii) Full tsp members.--A member described in this clause 
     is--

       ``(I) a member who first becomes a member of the uniformed 
     services on or after January 1, 2018;
       ``(II) a member described in subparagraph (B) who makes the 
     election described in that subparagraph; or
       ``(III) a member who made the election described in 
     subparagraph (B), as in effect on the day before the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2021.'';

       (B) by striking subparagraph (B) and inserting the 
     following new subparagraph (B):
       ``(B) Election to participate in modernized retirement 
     system.--Pursuant to subparagraph (C), a member of a 
     uniformed service serving on December 31, 2017, who has 
     served in the uniformed services for fewer than 12 years as 
     of the date selected by the Secretary of Defense under 
     subparagraph

[[Page S3565]]

     (C)(i)(I), may elect, in exchange for the reduced multipliers 
     described in subparagraph (A) for purposes of calculating the 
     retired pay of the member, to receive Thrift Savings Plan 
     contributions pursuant to section 8440e(e) of title 5.'';
       (C) in subparagraph (C)(i), by striking ``the period'' and 
     all that follows and inserting that following: ``the period 
     that--

       ``(I) begins on a date selected by the Secretary of 
     Defense, which--

       ``(aa) may be not earlier than the date that is one year 
     after date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2021, and not later than 
     the date that is two years after such date of enactment; and
       ``(bb) shall be the same as the date selected under section 
     12739(f)(2)(B)(i)(I)(aa); and

       ``(II) ends on the date that is 180 days after the date 
     selected under subclause (I).'';

       (D) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (E) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E) Special rules relating second election period.--The 
     Secretary concerned shall--
       ``(i) to the extent practicable, provide to each member 
     described in subparagraph (B) (and the member's spouse, if 
     married)--

       ``(I) a class, to be held in person and with fewer than 50 
     attendees, on the Blended Retirement System and the 
     differences between that system and the predecessor 
     retirement system; and
       ``(II) financial counseling described in section 992(b) 
     focused on the suitability of the Blended Retirement System 
     in the context of the member's personal circumstances;

       ``(ii) require each such member to make the election 
     described in subparagraph (B) or decline to make that 
     election;
       ``(iii) document the decision of the member under clause 
     (ii) in a statement that describes the features of the 
     Blended Retirement System and of the predecessor retirement 
     system; and
       ``(iv) have the member (and the member's spouse, if 
     married) sign the statement described in clause (iii) to 
     acknowledge understanding of those features.''.
       (2) Additional election period for members of reserve 
     components.--Section 12739(f) of title 10, United States 
     Code, is amended--
       (A) by striking paragraph (1) and inserting the following 
     new paragraph (1):
       ``(1) Reduced multiplier for full tsp members.--
       ``(A) In general.--Notwithstanding subsection (a) or (c), 
     in the case of a person described in subparagraph (B) 
     (referred to as a `full TSP member')--
       ``(i) subsection (a)(2) shall be applied by substituting `2 
     percent' for `2\1/2\ percent';
       ``(ii) subparagraph (A) of subsection (c)(2) shall be 
     applied by substituting `60 percent' for `75 percent'; and
       ``(iii) subparagraph (B)(ii) of such subsection shall be 
     applied by substituting `2 percent' for `2\1/2\ percent'.
       ``(B) Full tsp members.--A person described in this 
     subparagraph is--
       ``(i) a person who first performs reserve component service 
     on or after January 1, 2018, after not having performed 
     regular or reserve component service on or before that date;
       ``(ii) a person described in paragraph (2)(A) who makes the 
     election described in that paragraph; or
       ``(iii) a person who made the election described in 
     paragraph (2)(A), as in effect on the day before the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2021.'';
       (B) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following new subparagraph (A):
       ``(A) In general.--Pursuant to subparagraph (B), a person 
     performing reserve component service on December 31, 2017, 
     who has performed fewer than 12 years of service as of the 
     date selected by the Secretary of Defense under subparagraph 
     (B)(i)(I) (as computed in accordance with section 12733 of 
     this title), may elect, in exchange for the reduced 
     multipliers described in paragraph (1) for purposes of 
     calculating the retired pay of the person, to receive Thrift 
     Savings Plan contributions pursuant to section 8440e(e) of 
     title 5.'';
       (ii) in subparagraph (B)(i), by striking ``the period'' and 
     all that follows and inserting that following: ``the period 
     that--

       ``(I) begins on a date selected by the Secretary of 
     Defense, which--

       ``(aa) may be not earlier than the date that is one year 
     after date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2021, and not later than 
     the date that is two years after such date of enactment; and
       ``(bb) shall be the same as the date selected under section 
     1409(b)(4)(C)(i)(I)(aa); and

       ``(II) ends on the date that is 180 days after the date 
     selected under subclause (I).'';

       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Special rules relating second election period.--The 
     Secretary concerned shall--
       ``(A) to the extent practicable, provide to each person 
     described in paragraph (2)(A) (and the person's spouse, if 
     married)--
       ``(i) a class, to be held in person and with fewer than 50 
     attendees, on the Blended Retirement System and the 
     differences between that system and the predecessor 
     retirement system; and
       ``(ii) financial counseling described in section 992(b) 
     focused on the suitability of the Blended Retirement System 
     in the context of the person's personal circumstances;
       ``(B) require each such person to make the election 
     described in paragraph (2)(A) or decline to make that 
     election;
       ``(C) document the decision of the member under 
     subparagraph (B) in a statement that describes the features 
     of the Blended Retirement System and of the predecessor 
     retirement system; and
       ``(D) have the member (and the member's spouse, if married) 
     sign the statement described in subparagraph (C) to 
     acknowledge understanding of those features.''.
       (3) Conforming amendment.--Section 8440(e)(1) of title 5, 
     United States Code, is amended--
       (A) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (B) in subparagraph (B)--
       (i) in clause (ii), by striking ``has'' and inserting 
     ``had'';
       (ii) by striking clause (iii) and inserting the following 
     new clause (iii):
       ``(iii) made the election described in section 
     1409(b)(4)(B) or 12729(f)(2) of title 10, as in effect before 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2021, to receive Thrift 
     Savings Plan contributions under this subsection in exchange 
     for the reduced multipliers described in section 
     1409(b)(4)(A) or 12739(f)(1) of title 10, as applicable and 
     so in effect, for purposes of calculating the retired pay of 
     the member; or''; and
       (C) by adding at the end the following:
       ``(C) who--
       ``(i) first entered a uniformed service before January 1, 
     2018;
       ``(ii) has completed fewer than 12 years of service in the 
     uniformed services as of the date selected by the Secretary 
     of Defense under sections 1409(b)(4)(C)(i)(I)(aa) and 
     12739(f)(2)(B)(i)(I)(aa); and
       ``(iii) makes the election described in section 
     1409(b)(4)(B) or 12729(f)(2) of title 10 to receive Thrift 
     Savings Plan contributions under this subsection in exchange 
     for the reduced multipliers described in section 
     1409(b)(4)(A) or 12739(f)(1) of title 10, as applicable, for 
     purposes of calculating the retired pay of the member.''.
       (4) Training of certain officers.--The Secretary of Defense 
     shall ensure that each member of the armed forces in pay 
     grade E-9 or below or in pay grade O-6 or below receives 
     training with respect to the features of the Blended 
     Retirement System, without regard to whether the members is 
     eligible to make an election between the Blended Retirement 
     System and the predecessor retirement system, so that member 
     is able to answer the questions of other members if 
     necessary.
       (d) Report on Improved Access to Thrift Savings Plan.--Not 
     later than 18 months after the date of the enactment of this 
     Act, the Federal Retirement Thrift Investment Board shall 
     submit to Congress a plan for improving the access of members 
     of the Armed Forces to information about the Thrift Savings 
     Plan that--
       (1) takes into account the time likely to pass between the 
     mailing of account information to a member of the Armed 
     Forces and the time the member is likely to receive the 
     information; and
       (2) makes recommendations for statutory changes necessary 
     to improve such access.
       (e) Regulations.--The Secretary of Defense may prescribe 
     such regulations as are necessary to carry out the amendments 
     made by this section.
                                 ______
                                 
  SA 2171. Mr. CARPER (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. __. IMPROVING THE DETECTION, PREVENTION, AND RECOVERY OF 
                   IMPROPER PAYMENTS TO DECEASED INDIVIDUALS.

       (a) Distribution of Death Information Furnished to or 
     Maintained by the Social Security Administration.--
       (1) In general.--
       (A) In general.--Section 205(r) of the Social Security Act 
     (42 U.S.C. 405(r)) is amended--
       (i) in paragraph (2)--

       (I) by striking ``may'' and inserting ``shall''; and
       (II) by inserting ``, and to ensure the completeness, 
     timeliness, and accuracy of,'' after ``transmitting'';

       (ii) by striking paragraphs (3), (4), and (5) and inserting 
     the following:
       ``(3)(A) In the case of individuals with respect to whom 
     federally funded benefits are provided by (or through) a 
     Federal or State agency, the Commissioner of Social Security 
     shall, to the extent feasible, provide such information 
     through a cooperative arrangement with such agency for 
     ensuring proper payment of those benefits with respect to 
     such individuals if--

[[Page S3566]]

       ``(i) under such arrangement the agency agrees to such 
     safeguards as the Commissioner determines are necessary or 
     appropriate to protect the information from unauthorized use 
     or disclosure;
       ``(ii) under such arrangement the agency provides 
     reimbursement to the Commissioner of Social Security for the 
     reasonable cost of carrying out such arrangement, including 
     the reasonable costs associated with the collection and 
     maintenance of information regarding deceased individuals 
     furnished to the Commissioner pursuant to paragraph (1); and
       ``(iii) such arrangement does not conflict with the duties 
     of the Commissioner of Social Security under paragraph (1).
       ``(B) The Commissioner of Social Security shall, to the 
     extent feasible, provide for the use of information regarding 
     all deceased individuals furnished to or maintained by the 
     Commissioner under this subsection, through a cooperative 
     arrangement in order for a Federal agency to carry out any of 
     the following purposes, if the requirements of clauses (i), 
     (ii), and (iii) of subparagraph (A) are met:
       ``(i) Under such arrangement, the agency operating the Do 
     Not Pay working system established under section 5 of the 
     Improper Payments Elimination and Recovery Improvement Act of 
     2012 may compare death information disclosed by the 
     Commissioner with personally identifiable information 
     reviewed through the working system, and may redisclose such 
     comparison of information, as appropriate, to any Federal or 
     State agency authorized to use the working system.
       ``(ii) The tax administration duties of the agency.
       ``(iii) Oversight activities of the Inspector General of an 
     agency that is provided information regarding all deceased 
     individuals pursuant to this subsection.
       ``(iv) Civil or criminal enforcement activities that are 
     authorized by law.
       ``(C) With respect to the reimbursement to the Commissioner 
     of Social Security for the reasonable cost of carrying out a 
     cooperative arrangement described in subparagraph (A) between 
     the Commissioner of Social Security and an agency, the 
     Commissioner shall--
       ``(i) establish a defined calculation method for purposes 
     of calculating the reasonable cost of carrying out the 
     arrangement that does not take into account any services, 
     information, or unrelated payments provided by the agency to 
     the Commissioner; and
       ``(ii) reimbursement payments shall be accounted for and 
     recorded separately from other transactions.
       ``(4) The Commissioner of Social Security may enter into 
     similar arrangements with States to provide information 
     regarding all deceased individuals furnished to or maintained 
     by the Commissioner under this subsection for use by States 
     in programs wholly funded by the States, or for use in the 
     administration of a benefit pension plan or retirement system 
     for employees of a State or a political subdivision thereof, 
     if the requirements of clauses (i), (ii), and (iii) of 
     paragraph (3)(A) are met. For purposes of this paragraph, the 
     terms retirement system and political subdivision have the 
     meanings given such terms in section 218(b).
       ``(5) The Commissioner of Social Security may use or 
     provide for the use of information regarding all deceased 
     individuals furnished to or maintained by the Commissioner 
     under this subsection for statistical purposes and research 
     activities by Federal and State agencies (including research 
     activities conducted under a contract or a cooperative 
     arrangement (as such terms are defined for purposes of 
     sections 6303 and 6305, respectively, of title 31, United 
     States Code) with such an agency) if the requirements of 
     clauses (i) and (ii) of paragraph (3)(A) are met.''; and
       (iii) in paragraph (8)(A)(i), by striking ``subparagraphs 
     (A) and (B) of paragraph (3)'' and inserting ``clauses (i), 
     (ii), and (iii) of paragraph (3)(A)''.
       (B) Repeal.--Effective on the date that is 5 years after 
     the date of enactment of this Act, the amendments made by 
     this paragraph to paragraphs (3), (4), (5), and (8) of 
     section 205(r) of the Social Security Act (42 U.S.C. 405(r)) 
     are repealed, and the provisions of section 205(r) of the 
     Social Security Act (42 U.S.C. 405(r)) so amended are 
     restored and revived as if such amendments had not been 
     enacted.
       (2) Amendments to internal revenue code.--
       (A) In general.--Section 6103(d)(4) of the Internal Revenue 
     Code of 1986 is amended--
       (i) in subparagraphs (A) and (B), by striking ``Secretary 
     of Health and Human Services'' each place it appears and 
     inserting ``Commissioner of Social Security''; and
       (ii) in subparagraph (B)(ii), by striking ``such 
     Secretary'' and all that follows through ``deceased 
     individuals.'' and inserting ``such Commissioner pursuant to 
     such contract, except that such contract may provide that 
     such information is only to be used by the Social Security 
     Administration (or any other Federal agency) for purposes 
     authorized in the Social Security Act or this title.''.
       (B) Effective date.--The amendments made by this paragraph 
     take effect 180 days after the date of enactment of this Act.
       (3) Report to congress on alternative sources of death 
     data.--
       (A) Requirements.--The Commissioner of Social Security, in 
     coordination with the Secretary of the Treasury, shall 
     conduct a review of potential alternative sources of death 
     data maintained by the non-Federal sources, including sources 
     maintained by State agencies or associations of State 
     agencies, for use by Federal agencies and programs. The 
     review shall include analyses of--
       (i) the accuracy and completeness of such data;
       (ii) interoperability of such data;
       (iii) the extent to which there is efficient accessibility 
     of such data by Federal agencies;
       (iv) the cost to Federal agencies of accessing and 
     maintaining such data;
       (v) the security of such data;
       (vi) the reliability of such data; and
       (vii) a comparison of the potential alternate sources of 
     death data to the death data distributed by the Commissioner 
     of Social Security.
       (B) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to Congress on 
     the results of the review and analyses required under 
     subparagraph (A). The report shall include a recommendation 
     by the Director of the Office of Management and Budget 
     regarding whether to extend the agency access to death data 
     distributed by the Commissioner of Social Security provided 
     under the amendments made by paragraph (1)(A) beyond the date 
     on which such amendments are to be repealed under paragraph 
     (1)(B).
       (b) Improving the Use of Data by Government Agencies to 
     Curb Improper Payments.--The Improper Payments Elimination 
     and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is 
     amended by adding at the end the following:

     ``SEC. 8. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT 
                   AGENCIES.

       ``(a) Guidance by the Office of Management and Budget.--
       ``(1) Guidance to agencies.--Not later than 1 year after 
     the date of enactment of this section, and in consultation 
     with the Council of Inspectors General on Integrity and 
     Efficiency and the heads of other relevant Federal, State, 
     and local agencies, and Indian tribes and tribal 
     organizations, the Director of the Office of Management and 
     Budget shall issue guidance for each agency or component of 
     an agency that operates or maintains a database of 
     information relating to beneficiaries, annuity recipients, or 
     any purpose described in section 205(r)(3)(B) of the Social 
     Security Act (42 U.S.C. 405(r)(3)(B)) for which improved data 
     matching with databases relating to the death of an 
     individual (in this section referred to as death databases) 
     would be relevant and necessary regarding implementation of 
     this section to provide such agencies or components access to 
     the death databases no later than 1 year after such date of 
     enactment.
       ``(2) Plan to assist states and local agencies and indian 
     tribes and tribal organizations.--Not later than 1 year after 
     the date of enactment of this section, the Secretary of 
     Health and Human Services and the Secretary of the Treasury 
     shall jointly develop a plan to assist States and local 
     agencies, and Indian tribes and tribal organizations, in 
     providing electronically to the Federal Government records 
     relating to the death of individuals, which may include 
     recommendations to Congress for any statutory changes or 
     financial assistance to States and local agencies and Indian 
     tribes and tribal organizations that are necessary to ensure 
     States and local agencies and Indian tribes and tribal 
     organizations can provide such records electronically. The 
     plan may include recommendations for the authorization of 
     appropriations or other funding to carry out the plan.
       ``(b) Reports.--
       ``(1) Report to congress on improving data matching 
     regarding payments to deceased individuals.--Not later than 1 
     year after the date of enactment of this section, the 
     Secretary of the Treasury, in consultation with the heads of 
     other relevant Federal agencies, and in consultation with 
     States and local agencies, Indian tribes and tribal 
     organizations, shall submit to Congress a plan to improve how 
     States and local agencies and Indian tribes and tribal 
     organizations that provide benefits under a federally funded 
     program will improve data matching with the Federal 
     Government with respect to the death of individuals who are 
     recipients of such benefits.
       ``(2) Annual report.--Not later than 1 year after the date 
     of enactment of this section, and for each of the 4 
     succeeding years, the Secretary of the Treasury shall submit 
     to Congress a report regarding the implementation of this 
     section. The first report submitted under this paragraph 
     shall include the recommendations of the Secretary required 
     under subsection (a)(2).
       ``(c) Definitions.--In this section, the terms Indian tribe 
     and tribal organization have the meanings given those terms 
     in section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b).''.
       (c) Plan for Ensuring the Accuracy and Completeness of 
     Death Data Maintained and Distributed by the Social Security 
     Administration.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commissioner of Social Security 
     shall submit to Congress a plan, which shall include an 
     estimate of the cost of implementing the policies and 
     procedures described in such plan, to improve the accuracy 
     and completeness of the death data (including, where feasible 
     and cost-effective, data regarding individuals who are not 
     eligible for or receiving benefits

[[Page S3567]]

     under titles II or XVI of the Social Security Act) maintained 
     and distributed by the Social Security Administration.
       (2) Content of plan.--In developing the plan required under 
     paragraph (1), the Commissioner of Social Security shall 
     consider whether to include the following elements:
       (A) Procedures for--
       (i) identifying individuals who are extremely elderly, as 
     determined by the Commissioner, but for whom no record of 
     death exists in the records of the Social Security 
     Administration;
       (ii) verifying the information contained in the records of 
     the Social Security Administration with respect to 
     individuals described in clause (i) and correcting any 
     inaccuracies; and
       (iii) where appropriate, disclosing corrections made to the 
     records of the Social Security Administration.
       (B) Improved policies and procedures for identifying and 
     correcting erroneous death records, including policies and 
     procedures for--
       (i) identifying individuals listed as dead who are actually 
     alive;
       (ii) identifying individuals listed as alive who are 
     actually dead; and
       (iii) allowing individuals or survivors of deceased 
     individuals to notify the Social Security Administration of 
     potential errors.
       (C) Improved policies and procedures to identify and 
     correct discrepancies in the records of the Social Security 
     Administration, including social security number records.
       (D) A process for employing statistical analysis of the 
     death data maintained and distributed by the Social Security 
     Administration to determine an estimate of the number of 
     erroneous records.
       (E) Recommendations for legislation, as necessary.
       (d) Report on Information Security.--Not later than 90 days 
     after the date of the enactment of this Act, the Commissioner 
     of Social Security shall submit a report to the Committees on 
     Ways and Means, Oversight and Reform, and Homeland Security 
     of the House of Representatives, and the Committees on 
     Finance and Homeland Security and Governmental Affairs of the 
     Senate that--
       (1) identifies all information systems of the Social 
     Security Administration containing sensitive information; and
       (2) describes the measures the Commissioner is taking to 
     secure and protect such information systems.
                                 ______
                                 
  SA 2172. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. GAO STUDY ON THE SCHOOL-TO-PRISON PIPELINE.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on the school to prison pipeline 
     in order to--
       (1) highlight this issue;
       (2) offer proof of concept to States that evidence-based 
     interventions, such as restorative practices, are--
       (A) more effective than punitive, exclusionary measures;
       (B) improve student achievement; and
       (C) enhance public safety and student-well-being; and
       (3) determine the long-term benefits of replacing a 
     punitive approach to discipline with restorative practices in 
     schools, by analyzing the potential savings generated by 
     helping children stay in school and out of the criminal 
     justice system.
       (b) Cost-benefit Analysis.--The study conducted under 
     subsection (a) shall include a cost-benefit analysis to 
     determine the effectiveness and impact of school resource 
     officers and local law enforcement personnel on school 
     climate and student discipline.
       (c) Report.--Upon the conclusion of the study under 
     subsection (a), the Comptroller General of the United States 
     shall prepare and submit to Congress a report regarding the 
     study and the conclusions and recommendations generated from 
     the study.
                                 ______
                                 
  SA 2173. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 XVI, add the following:

     SEC. 1610. EVALUATION AND REPORT ON OPERATIONAL CENTERS FOR 
                   COMMANDING, CONTROLLING, AND DISSEMINATING DATA 
                   FOR SMALL SATELLITES.

       (a) Evaluation.--
       (1) In general.--The Secretary of Defense shall evaluate 
     readily available operational centers for commanding, 
     controlling, and disseminating data for small satellites.
       (2) Elements.--The evaluation required by paragraph (1) 
     shall include an assessment of--
       (A) the cost, schedule, and deployment of rapid prototyping 
     and testing of new space technologies for small satellite 
     programs; and
       (B) the potential effects of the finite number of 
     operational centers described in paragraph (1) that are 
     agile, maintainable, accredited at the correct 
     classification, and located within reasonable proximity to 
     manufacturer and researcher facilities.
       (b) 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 results of the evaluation conducted under 
     subsection (a).
                                 ______
                                 
  SA 2174. Mr. TILLIS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP 
                   LEJEUNE.

       (a) In General.--An individual, including a veteran (as 
     defined in section 101 of title 38, United States Code), or 
     the legal representative of such an individual, who resided, 
     worked, or was otherwise exposed (including in utero 
     exposure) for not less than 30 days during the period 
     beginning on August 1, 1953 and ending on December 31, 1987 
     to water at Camp Lejeune that was supplied by, or on behalf 
     of, the United States may bring an action in the United 
     States District Court for the Eastern District of North 
     Carolina to obtain appropriate relief for harm--
       (1) which was caused by exposure to the water;
       (2) which was associated with exposure to the water; or
       (3) which was linked to exposure to the water.
       (b) Prior Claims Not a Bar.--An individual described in 
     subsection (a) may bring an action under this section 
     regardless of any prior claim or action dismissed or 
     otherwise terminated for any reason related to the harm 
     described in subsection (a).
       (c) Use of Studies.--A study conducted on humans or 
     animals, or from an epidemiological study, which ruled out 
     chance and bias with reasonable confidence and which 
     concluded, with sufficient evidence, that exposure to the 
     water described in subsection (a) is one possible cause of 
     the harm, shall be sufficient to satisfy the plaintiff's 
     burden of proof in an action under this section.
       (d) Exclusive Jurisdiction and Venue.--The United States 
     District Court for the Eastern District of North Carolina 
     shall have exclusive jurisdiction over any action under this 
     section, and shall be the exclusive venue for such an action, 
     including any multi-district claims. Nothing in this 
     subsection shall impair any party's right to a trial by jury.
       (e) Exclusive Remedy.--
       (1) In general.--An individual who brings an action under 
     this section for any harm, including a latent disease, may 
     not thereafter bring a tort action pursuant to any other law 
     against the United States for such harm.
       (2) No effect on disability benefits.--Any award under this 
     section shall not impede or limit the continued or future 
     entitlement of an individual to disability awards, payments, 
     or benefits under any program of the Department of Veterans 
     Affairs.
       (f) Immunity Waiver.--The United States may not assert any 
     claim to immunity in an action under this section which would 
     otherwise be available, including any otherwise applicable 
     statute of limitation, statute of repose, discretionary 
     function defense, or similar limitation or defense.
       (g) No Punitive Damages.--Punitive damages may not be 
     awarded in any action under this section.
       (h) Disposition by Federal Agency Required.--An individual 
     may not bring an action under this section prior to complying 
     with section 2675 of title 28, United States Code.
       (i) Period for Filing.--
       (1) In general.--Except as provided in paragraph (2), an 
     action under this section may not be commenced after the 
     later of--
       (A) the date that is 2 years after the later of the date on 
     which the harm occurred or the date on which the harm was 
     discovered; or
       (B) the date that is 180 days after the date on which the 
     claim is denied under section 2675 of title 28, United States 
     Code.
       (2) Special rule.--In the case of harm which was discovered 
     before the date of the enactment of this Act, an action under 
     this section may not be commenced after the later of--
       (A) the date that is 2 years after the date of the 
     enactment of this Act; or
       (B) the date that is 180 days after the date on which the 
     claim is denied under section 2675 of title 28, United States 
     Code.
       (j) Judgment Fund.--Awards made pursuant to any action 
     under this section shall be paid from amounts made available 
     under section 1304 of title 31, United States Code.
       (k) Exception for Combatant Activities.--This section does 
     not apply to any

[[Page S3568]]

     claim or action arising out of the combatant activities of 
     the Armed Forces.
       (l) Amoritization.--An award of money damages under this 
     section may include an order that the award is to be 
     amortized over a period of up to 20 years. The Government may 
     agree to amortize a payment made pursuant to a settlement 
     agreement of up to 20 years.
                                 ______
                                 
  SA 2175. Mr. CRAMER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XXVIII, add the 
     following:

     SEC. 2803. MODIFICATION TO AUTHORITY FOR MILITARY 
                   CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT 
                   CENTERS AT MILITARY INSTALLATIONS.

       Section 2809(b) of the National Defense Authorization Act 
     for Fiscal Year 2020 is amended--
       (1) in paragraph (1), by inserting ``and annually 
     thereafter,'' after ``this Act,''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``the report'' and 
     inserting ``a report''; and
       (B) in subparagraph (B), by inserting ``in which the 
     project is included'' before the period at the end.
                                 ______
                                 
  SA 2176. Mr. LANKFORD (for himself and Mr. Johnson) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of division A, add the following:

              TITLE XVII--PREVENTING GOVERNMENT SHUTDOWNS

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Prevent Government 
     Shutdowns Act of 2020''.

     SEC. 1702. AUTOMATIC CONTINUING APPROPRIATIONS.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1311. Automatic continuing appropriations

       ``(a)(1)(A) On and after the first day of each fiscal year, 
     if an appropriation Act for such fiscal year with respect to 
     the account for a program, project, or activity has not been 
     enacted and continuing appropriations are not in effect with 
     respect to the program, project, or activity, there are 
     appropriated such sums as may be necessary to continue, at 
     the rate for operations specified in subparagraph (B), the 
     program, project, or activity if funds were provided for the 
     program, project, or activity during the preceding fiscal 
     year.
       ``(B)(i) Except as provided in clause (ii), the rate for 
     operations specified in this subparagraph with respect to a 
     program, project, or activity is the rate for operations for 
     the preceding fiscal year for the program, project, or 
     activity--
       ``(I) provided in the corresponding appropriation Act for 
     such preceding fiscal year;
       ``(II) if the corresponding appropriation bill for such 
     preceding fiscal year was not enacted, provided in the law 
     providing continuing appropriations for such preceding fiscal 
     year; or
       ``(III) if the corresponding appropriation bill and a law 
     providing continuing appropriations for such preceding fiscal 
     year were not enacted, provided under this section for such 
     preceding fiscal year.
       ``(ii) For entitlements and other mandatory payments whose 
     budget authority was provided for the previous fiscal year in 
     appropriations Acts, under a law other than this section 
     providing continuing appropriations for such previous year, 
     or under this section, and for activities under the Food and 
     Nutrition Act of 2008, appropriations and funds made 
     available during a fiscal year under this section shall be at 
     the rate necessary to maintain program levels under current 
     law, under the authority and conditions provided in the 
     applicable appropriations Act.
       ``(2) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a program, project, or activity shall be 
     available for the period beginning with the first day of any 
     lapse in appropriations during such fiscal year and ending 
     with the date on which the applicable regular appropriation 
     bill for such fiscal year is enacted (whether or not such law 
     provides appropriations for such program, project, or 
     activity) or a law making continuing appropriations for the 
     program, project, or activity is enacted, as the case may be.
       ``(3) Notwithstanding section 251(a)(1) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(a)(1)) and the timetable in section 254(a) of such Act (2 
     U.S.C. 904(a)), for any fiscal year for which appropriations 
     and funds are made available under this section, the final 
     sequestration report for such fiscal year pursuant to section 
     254(f)(1) of such Act (2 U.S.C. 904(f)(1)) and any order for 
     such fiscal year pursuant to section 254(f)(5) of such Act (2 
     U.S.C. 901(f)(5)) shall be issued--
       ``(A) for the Congressional Budget Office, 10 days after 
     the date on which all regular appropriation Acts for such 
     fiscal year or continuing appropriations through the end of 
     such fiscal year have been enacted; and
       ``(B) for the Office of Management and Budget, 15 days 
     after the date on which all regular appropriation Acts for 
     such fiscal year or continuing appropriations through the end 
     of such fiscal year have been enacted.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a program, project, or activity for 
     any fiscal year pursuant to this section shall be subject to 
     the terms and conditions imposed with respect to the 
     appropriation made or funds made available for the preceding 
     fiscal year, or authority granted for such program, project, 
     or activity under current law.
       ``(c) Expenditures made for a program, project, or activity 
     for any fiscal year pursuant to this section shall be charged 
     to the applicable appropriation, fund, or authorization 
     whenever a regular appropriation Act, or a law making 
     continuing appropriations until the end of such fiscal year, 
     for such program, project, or activity is enacted.
       ``(d) This section shall not apply to a program, project, 
     or activity during a fiscal year if any other provision of 
     law (other than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such program, project, or activity to 
     continue for such period; or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such program, project, or activity to continue 
     for such period.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     13 of title 31, United States Code, is amended by adding at 
     the end the following:

``1311. Automatic continuing appropriations.''.

     SEC. 1703. TIMELY ENACTMENT OF APPROPRIATION ACTS.

       (a) Definitions.--In this section--
       (1) the term ``covered officer or employee'' means--
       (A) an officer or employee of the Office of Management and 
     Budget;
       (B) a Member of Congress; or
       (C) an employee of the personal office of a Member of 
     Congress, a committee of either House of Congress, or a joint 
     committee of Congress;
       (2) the term ``covered period'' means any period on and 
     after the first day of a fiscal year, if all general 
     appropriations Acts have not been passed in identical form by 
     both Houses and transmitted to Secretary of the Senate or 
     Clerk of the House for enrollment and presentment to the 
     President for his signature;
       (3) the term ``Member of Congress'' has the meaning given 
     that term in section 2106 of title 5, United States Code; and
       (4) the term ``National Capital Region'' has the meaning 
     given that term in section 8702 of title 40, United States 
     Code.
       (b) Limits on Travel Expenditures.--
       (1) Limits on official travel.--
       (A) Limitation.--Except as provided in subparagraph (B), 
     during a covered period no amounts may be obligated or 
     expended for official travel by a covered officer or 
     employee.
       (B) Exceptions.--
       (i) Return to dc.--If a covered officer or employee is away 
     from the seat of Government on the date on which a covered 
     period begins, funds may be obligated and expended for 
     official travel for a single return trip to the seat of 
     Government by the covered officer or employee.
       (ii) Travel in national capital region.--During a covered 
     period, amounts may be obligated and expended for official 
     travel by a covered officer or employee from one location in 
     the National Capital Region to another location in the 
     National Capital Region.
       (iii) National security events.--During a covered period, 
     if a national security event that triggers a continuity of 
     operations or continuity of Government protocol occurs, 
     amounts may be obligated and expended for official travel by 
     a covered officer or employee for any official travel 
     relating to responding to the national security event or 
     implementing the continuity of operations or continuity of 
     Government protocol.
       (2) Restriction on use of campaign funds.--Section 313 of 
     the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) 
     is amended--
       (A) in subsection (a)(2), by striking ``for ordinary'' and 
     inserting ``except as provided in subsection (d), for 
     ordinary''; and
       (B) by adding at the end the following:
       ``(d) Restriction on Use of Campaign Funds for Official 
     Travel During Lapse in Appropriations.--
       ``(1) In general.--Except as provided in paragraph (2), 
     during a covered period (as defined in section 1703 of the 
     Prevent Government Shutdowns Act of 2020), a contribution or 
     donation described in subsection (a) may not be obligated or 
     expended for travel in connection with duties of the 
     individual as a holder of Federal office.

[[Page S3569]]

       ``(2) Return to dc.--If the individual is away from the 
     seat of Government on the date on which a covered period (as 
     so defined) begins, a contribution or donation described in 
     subsection (a) may be obligated and expended for travel by 
     the individual to return to the seat of Government.''.
       (c) Procedures in the Senate and House of 
     Representatives.--
       (1) In general.--During a covered period, in the Senate and 
     the House of Representatives--
       (A) it shall not be in order to move to proceed to any 
     matter except for--
       (i) a measure making appropriations for the fiscal year 
     during which the covered period begins;
       (ii) a motion relating to determining or obtaining the 
     presence of a quorum; or
       (iii) on and after the 30th calendar day after the first 
     day of a fiscal year--

       (I) the nomination of an individual--

       (aa) to a position at level I of the Executive Schedule 
     under section 5312 of title 5 of the United States Code; or
       (bb) to serve as Chief Justice of the United States or an 
     Associate Justice of the Supreme Court of the United States; 
     or

       (II) a measure extending the period during which a program, 
     project, or activity is authorized to be carried out (without 
     substantive change to the program, project, or activity or 
     any other program, project, or activity) if--

       (aa) an appropriation Act for such fiscal year with respect 
     to the program, project, or activity has not been passed in 
     identical form by both Houses and transmitted to Secretary of 
     the Senate or Clerk of the House for enrollment and 
     presentment to the President for his signature; and
       (bb) the program, project, or activity has expired since 
     the beginning of such fiscal year or will expire during the 
     30-day period beginning on the date of the motion;
       (B) it shall not be in order to move to recess or adjourn 
     for a period of more than 23 hours; and
       (C) at noon each day, or immediately following any 
     constructive convening of the Senate under rule IV, paragraph 
     2 of the Standing Rules of the Senate, the Presiding Officer 
     shall direct the clerk to determine whether a quorum is 
     present.
       (2) Waiver.--
       (A) Limitation on period.--It shall not be in order in the 
     Senate or the House of Representatives to move to waive any 
     provision of paragraph (1) for a period that is longer than 7 
     days.
       (B) Supermajority vote.--A provision of paragraph (1) may 
     only be waived or suspended upon an affirmative vote of two-
     thirds of the Members of the applicable House of Congress, 
     duly chosen and sworn.
       (d) Motion to Proceed to Appropriations.--
       (1) In general.--On and after the 30th calendar day after 
     the first day of each fiscal year, if an appropriation Act 
     for such fiscal year with respect to a program, project, or 
     activity has not been passed in identical form by both Houses 
     and transmitted to Secretary of the Senate or Clerk of the 
     House for enrollment and presentment to the President for his 
     signature, it shall be in order in the Senate, 
     notwithstanding rule XXII or any pending executive measure or 
     matter, to move to proceed to any appropriations bill or 
     joint resolution for the program, project, or activity that 
     has been sponsored and cosponsored by not less than 3 
     Senators who are members of or caucus with the party in the 
     majority in the Senate and not less than 3 Senators who are 
     members of or caucus with the party in the minority in the 
     Senate.
       (2) Consideration.--For a bill or joint resolution 
     described in paragraph (1)--
       (A) the bill or joint resolution may be considered the same 
     day as it is introduced and shall not have to lie over 1 day; 
     and
       (B) the motion to proceed to the bill or joint resolution 
     shall be debatable for not to exceed 6 hours, equally divided 
     between the proponents and opponents of the motion, and upon 
     the use or yielding back of time, the Senate shall vote on 
     the motion to proceed.

     SEC. 1704. BUDGETARY EFFECTS.

       (a) Classification of Budgetary Effects.--The budgetary 
     effects of this title and the amendments made by this title 
     shall be estimated as if this title and the amendments made 
     by this title are discretionary appropriations Acts for 
     purposes of section 251 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
       (b) Baseline.--For purposes of calculating the baseline 
     under section 257 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 907), the provision of 
     budgetary resources under section 1311 of title 31, United 
     States Code, as added by this title, for an account shall be 
     considered to be a continuing appropriation in effect for 
     such account for less than the entire current year.
       (c) Enforcement of Discretionary Spending Limits.--For 
     purposes of enforcing the discretionary spending limits under 
     section 251(a) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)), the budgetary 
     resources made available under section 1311 of title 31, 
     United States Code, as added by this title, shall be 
     considered part-year appropriations for purposes of section 
     251(a)(4) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)(4)).

     SEC. 1705. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect on September 30, 2021.
                                 ______
                                 
  SA 2177. Ms. ERNST (for herself and Mr. Merkley) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON THE PURCHASE OF DOGS AND CATS FROM 
                   WET MARKETS IN CHINA USING FEDERAL FUNDS.

       (a) Definition of Wet Market.--In this section, the term 
     ``wet market'' means a marketplace--
       (1) where fresh meat, fish, and live animals are bought, 
     sold, and slaughtered; and
       (2) that is not regulated under any standardized sanitary 
     or health inspection processes that meet applicable standards 
     required for similar establishments in the United States, as 
     determined by the Secretary of Agriculture.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, no Federal funds made available by any law may be used 
     by the Federal Government, or any recipient of the Federal 
     funds under a contract, grant, subgrant, or other assistance, 
     to purchase from a wet market in China--
       (1) a live cat, dog, or other animal;
       (2) a carcass, any part, or any item containing any part of 
     a cat, dog, or other animal; or
       (3) any other animal product.
                                 ______
                                 
  SA 2178. Mr. WICKER (for himself, Ms. Cantwell, and Ms. Rosen) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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:

                   TITLE __--CYBER WORKFORCE MATTERS

     SEC. __. IMPROVING NATIONAL INITIATIVE FOR CYBERSECURITY 
                   EDUCATION.

       (a) Program Improvements Generally.--Subsection (a) of 
     section 401 of the Cybersecurity Enhancement Act of 2014 (15 
     U.S.C. 7451) is amended--
       (1) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (2) by redesignating paragraph (6) as paragraph (10); and
       (3) by inserting after paragraph (5) the following:
       ``(6) supporting efforts to identify cybersecurity 
     workforce skill gaps in public and private sectors;
       ``(7) facilitating Federal programs to advance 
     cybersecurity education, training, and workforce;
       ``(8) in coordination with the Department of Defense and 
     the Department of Homeland Security, considering any specific 
     needs of the cybersecurity workforce of critical 
     infrastructure, to include cyber physical systems and control 
     systems;
       ``(9) advising the Director of the Office of Management and 
     Budget, as needed in, developing metrics to measure the 
     effectiveness and effect of programs and initiatives to 
     advance the cybersecurity workforce; and''.
       (b) Strategic Plan.--Subsection (c) of such section is 
     amended--
       (1) by striking ``The Director'' and inserting the 
     following:
       ``(1) In general.--The Director''; and
       (2) by adding at the end the following:
       ``(2) Requirement.--The strategic plan developed and 
     implemented under paragraph (1) shall include an indication 
     of how the Director will carry out this section.''.
       (c) Cybersecurity Career Pathways.--
       (1) Identification of multiple cybersecurity career 
     pathways.--In carrying out subsection (a) of such section and 
     not later than 540 days after the date of the enactment of 
     this Act, the Director of the National Institute of Standards 
     and Technology shall, in coordination with the Secretary of 
     Defense, the Secretary of Homeland Security, and the Director 
     of the Office of Personnel Management, use a consultative 
     process with other Federal agencies, academia, and industry 
     to identify multiple career pathways for cybersecurity work 
     roles that can be used in the private and public sectors.
       (2) Requirements.--The Director shall ensure that the 
     multiple cybersecurity career pathways identified under 
     paragraph (1) indicate the knowledge, skills, and abilities, 
     including relevant education, training, apprenticeships, 
     certifications, and other experiences, that--
       (A) align with employers' cybersecurity skill needs, 
     including proficiency level requirements, for its workforce; 
     and
       (B) prepare an individual to be successful in entering or 
     advancing in a cybersecurity career.

[[Page S3570]]

       (3) Exchange program.--Consistent with requirements under 
     chapter 37 of title 5, United States Code, the Director of 
     the National Institute of Standards and Technology, in 
     coordination with the Director of the Office of Personnel 
     Management, may establish a voluntary program for the 
     exchange of employees engaged in one of the cybersecurity 
     work roles identified in the National Initiative for 
     Cybersecurity Education (NICE) Cybersecurity Workforce 
     Framework (NIST Special Publication 800-181), or successor 
     framework, between the National Institute of Standards and 
     Technology and private sector institutions, including a 
     nonpublic or commercial business, a research institution, or 
     an institution of higher education, as the Director of the 
     National Institute of Standards and Technology considers 
     feasible.
       (d) Proficiency To Perform Cybersecurity Tasks.--Not later 
     than 540 days after the date of the enactment of this Act, 
     the Director of the National Institute of Standards and 
     Technology shall, in coordination with the Secretary of 
     Defense and the Secretary of Homeland Security--
       (1) in carrying out subsection (a) of such section, assess 
     the scope and sufficiency of efforts to measure a learner's 
     capability to perform specific tasks found in the National 
     Initiative for Cybersecurity Education (NICE) Cybersecurity 
     Workforce Framework (NIST Special Publication 800-181) at all 
     proficiency levels; and
       (2) submit to Congress a report--
       (A) on the findings of the Director with respect to the 
     assessment carried out under paragraph (1); and
       (B) with recommendations for effective methods for 
     measuring the cybersecurity proficiency of learners.
       (e) Cybersecurity Metrics.--Such section is further amended 
     by adding at the end the following:
       ``(e) Cybersecurity Metrics.--In carrying out subsection 
     (a), the Director of the Office of Management and Budget may 
     seek input from the Director of the National Institute of 
     Standards and Technology, in coordination with the Department 
     of Homeland Security, the Office of Personnel Management, and 
     such agencies as the Director of the National Institute of 
     Standards and Technology considers relevant, shall develop 
     repeatable measures and reliable metrics for measuring and 
     evaluating Federally funded cybersecurity workforce programs 
     and initiatives based on the outcomes of such programs and 
     initiatives.''.
       (f) Regional Alliances and Multistakeholder Partnerships.--
     Such section is further amended by adding at the end the 
     following:
       ``(f) Regional Alliances and Multistakeholder 
     Partnerships.--
       ``(1) In general.--Pursuant to section 2(b)(4) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     272(b)(4)), the Director shall establish cooperative 
     agreements between the National Initiative for Cybersecurity 
     Education (NICE) of the Institute and regional alliances or 
     partnerships for cybersecurity education and workforce.
       ``(2) Agreements.--The cooperative agreements established 
     under paragraph (1) shall advance the goals of the National 
     Initiative for Cybersecurity Education Cybersecurity 
     Workforce Framework (NIST Special Publication 800-181), or 
     successor framework, by facilitating local and regional 
     partnerships--
       ``(A) to identify the workforce needs of the local economy 
     and classify such workforce in accordance with such 
     framework;
       ``(B) to identify the education, training, apprenticeship, 
     and other opportunities available in the local economy; and
       ``(C) to support opportunities to meet the needs of the 
     local economy.
       ``(3) Financial assistance.--
       ``(A) Financial assistance authorized.--The Director may 
     award financial assistance to a regional alliance or 
     partnership with whom the Director enters into a cooperative 
     agreement under paragraph (1) in order to assist the regional 
     alliance or partnership in carrying out the term of the 
     cooperative agreement.
       ``(B) Amount of assistance.--The aggregate amount of 
     financial assistance awarded under subparagraph (A) per 
     cooperative agreement shall not exceed $200,000.
       ``(C) Matching requirement.--The Director may not award 
     financial assistance to a regional alliance or partnership 
     under subparagraph (A) unless the regional alliance or 
     partnership agrees that, with respect to the costs to be 
     incurred by the regional alliance or partnership in carrying 
     out the cooperative agreement for which the assistance was 
     awarded, the regional alliance or partnership will make 
     available (directly or through donations from public or 
     private entities) non-Federal contributions in an amount 
     equal to 50 percent of Federal funds provided under the 
     award.
       ``(4) Application.--
       ``(A) In general.--A regional alliance or partnership 
     seeking to enter into a cooperative agreement under paragraph 
     (1) and receive financial assistance under paragraph (3) 
     shall submit to the Director an application therefor at such 
     time, in such manner, and containing such information as the 
     Director may require.
       ``(B) Requirements.--Each application submitted under 
     subparagraph (A) shall include the following:
       ``(i)(I) A plan to establish (or identification of, if it 
     already exists) a multistakeholder workforce partnership that 
     includes--

       ``(aa) at least one institution of higher education or 
     nonprofit training organization; and
       ``(bb) at least one local employer or owner or operator of 
     critical infrastructure.

       ``(II) Participation from Federal Cyber Scholarships for 
     Service organizations, advanced technological education 
     programs, elementary and secondary schools, training and 
     certification providers, State and local governments, 
     economic development organizations, or other community 
     organizations is encouraged.
       ``(ii) A description of how the workforce partnership would 
     identify the workforce needs of the local economy.
       ``(iii) A description of how the multistakeholder workforce 
     partnership would leverage the programs and objectives of the 
     National Initiative for Cybersecurity Education, such as the 
     Cybersecurity Workforce Framework and the strategic plan of 
     such initiative.
       ``(iv) A description of how employers in the community will 
     be recruited to support internships, externships, 
     apprenticeships, or cooperative education programs in 
     conjunction with providers of education and training. 
     Inclusion of programs that seek to include women, minorities, 
     or veterans is encouraged.
       ``(v) A definition of the metrics that will be used to 
     measure the success of the efforts of the regional alliance 
     or partnership under the agreement.
       ``(C) Priority consideration.--In awarding financial 
     assistance under paragraph (3)(A), the Director shall give 
     priority consideration to a regional alliance or partnership 
     that includes an institution of higher education which 
     receives an award under the Federal Cyber Scholarship for 
     Service program located in the State or region of the 
     regional alliance or partnership.
       ``(5) Audits.--Each cooperative agreement for which 
     financial assistance is awarded under paragraph (3) shall be 
     subject to audit requirements under part 200 of title 2, Code 
     of Federal Regulations (relating to uniform administrative 
     requirements, cost principles, and audit requirements for 
     Federal awards), or successor regulation.
       ``(6) Reports.--
       ``(A) In general.--Upon completion of a cooperative 
     agreement under paragraph (1), the regional alliance or 
     partnership that participated in the agreement shall submit 
     to the Director a report on the activities of the regional 
     alliance or partnership under the agreement, which may 
     include training and education outcomes.
       ``(B) Contents.--Each report submitted under subparagraph 
     (A) by a regional alliance or partnership shall include the 
     following:
       ``(i) An assessment of efforts made by the regional 
     alliance or partnership to carry out paragraph (2).
       ``(ii) The metrics used by the regional alliance or 
     partnership to measure the success of the efforts of the 
     regional alliance or partnership under the cooperative 
     agreement.''.
       (g) Transfer of Section.--
       (1) Transfer.--Such section is transferred to the end of 
     title III of such Act and redesignated as section 303.
       (2) Repeal.--Title IV of such Act is repealed.
       (3) Clerical.--The table of contents in section 1(b) of 
     such Act is amended--
       (A) by striking the items relating to title IV and section 
     401; and
       (B) by inserting after the item relating to section 302 the 
     following:

``Sec. 303. National cybersecurity awareness and education program.''.
       (4) Conforming amendments.--
       (A) Section 302(3) of the Federal Cybersecurity Workforce 
     Assessment Act of 2015 (Public Law 114-113) is amended by 
     striking ``under section 401 of the Cybersecurity Enhancement 
     Act of 2014 (15 U.S.C. 7451)'' and inserting ``under section 
     303 of the Cybersecurity Enhancement Act of 2014 (Public Law 
     113-274)''.
       (B) Section 2(c)(3) of the NIST Small Business 
     Cybersecurity Act (Public Law 115-236) is amended by striking 
     ``under section 401 of the Cybersecurity Enhancement Act of 
     2014 (15 U.S.C. 7451)'' and inserting ``under section 303 of 
     the Cybersecurity Enhancement Act of 2014 (Public Law 113-
     274)''.
       (C) Section 302(f) of the Cybersecurity Enhancement Act of 
     2014 (15 U.S.C. 7442(f)) is amended by striking ``under 
     section 401'' and inserting ``under section 303''.

     SEC. __. DEVELOPMENT OF STANDARDS AND GUIDELINES FOR 
                   IMPROVING CYBERSECURITY WORKFORCE OF FEDERAL 
                   AGENCIES.

       (a) In General.--Section 20(a) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3(a)) is 
     amended--
       (1) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) identify and develop standards and guidelines for 
     improving the cybersecurity workforce for an agency as part 
     of the National Initiative for Cybersecurity Education (NICE) 
     Cybersecurity Workforce Framework (NIST Special Publication 
     800-181), or successor framework.''.
       (b) Publication of Standards and Guidelines on 
     Cybersecurity Awareness.--Not later than 3 years after the 
     date of the enactment of this Act and pursuant to section 20 
     of the National Institute of Standards and Technology Act (15 
     U.S.C. 278g-3), the Director of the National Institute of 
     Standards and Technology shall publish standards and 
     guidelines for improving cybersecurity

[[Page S3571]]

     awareness of employees and contractors of Federal agencies.

     SEC. __. MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-
                   SERVICE PROGRAM.

       Section 302 of the Cybersecurity Enhancement Act of 2014 
     (15 U.S.C. 7442) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``information 
     technology'' and inserting ``information technology and 
     cybersecurity'';
       (B) by amending paragraph (3) to read as follows:
       ``(3) prioritize the placement of scholarship recipients 
     fulfilling the post-award employment obligation under this 
     section to ensure that--
       ``(A) not less than 70 percent of such recipients are 
     placed in an executive agency (as defined in section 105 of 
     title 5, United States Code);
       ``(B) not more than 10 percent of such recipients are 
     placed as educators in the field of cybersecurity at 
     qualified institutions of higher education that provide 
     scholarships under this section; and
       ``(C) not more than 20 percent of such recipients are 
     placed in positions described in paragraphs (2) through (5) 
     of subsection (d); and''; and
       (C) in paragraph (4), in the matter preceding subparagraph 
     (A), by inserting ``, including by seeking to provide awards 
     in coordination with other relevant agencies for summer 
     cybersecurity camp or other experiences, including teacher 
     training, in each of the 50 States,'' after ``cybersecurity 
     education'';
       (2) in subsection (d)--
       (A) in paragraph (4), by striking ``or'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(6) as provided by subsection (b)(3)(B), a qualified 
     institution of higher education.''; and
       (3) in subsection (m)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``cyber'' and inserting ``cybersecurity''; 
     and
       (B) in paragraph (2), by striking ``cyber'' and inserting 
     ``cybersecurity''.

     SEC. __. MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-
                   SERVICE PROGRAM.

       Section 302 of the Cybersecurity Enhancement Act of 2014 
     (15 U.S.C. 7442) is amended--
       (1) in subsection (f)--
       (A) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon; and
       (B) by striking paragraph (5) and inserting the following:
       ``(5) enter into an agreement accepting and acknowledging 
     the post award employment obligations, pursuant to section 
     (d);
       ``(6) accept and acknowledge the conditions of support 
     under section (g); and
       ``(7) accept all terms and conditions of a scholarship 
     under this section.'';
       (2) in subsection (g)--
       (A) in paragraph (1), by inserting ``the Office of 
     Personnel Management, in coordination with the National 
     Science Foundation, and'' before ``the qualified 
     institution'';
       (B) in paragraph (2)--
       (i) in subparagraph (D), by striking ``; or'' and inserting 
     a semicolon; and
       (ii) by striking subparagraph (E) and inserting the 
     following:
       ``(E) fails to maintain or fulfill any of the post-
     graduation or post-award obligations or requirements of the 
     individual; or
       ``(F) fails to fulfill the requirements of paragraph 
     (1).'';
       (3) in subsection (h)(2), by inserting ``and the Director 
     of the Office of Personnel Management'' after ``Foundation'';
       (4) in subsection (k)(1)(A), by striking ``and the 
     Director'' and all that follows and inserting ``, the 
     Director of the National Science Foundation, and the Director 
     of the Office of Personnel Management of the amounts owed; 
     and''; and
       (5) in subsection (m)(2), by striking ``once every 3 
     years'' and all that follows and inserting ``once every 2 
     years, to the Committee on Commerce, Science, and 
     Transportation and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Science, Space, and Technology and the Committee on Oversight 
     and Reform of the House of Representatives a report, 
     including--''
       (A) ``the results of the evaluation under paragraph (1);''
       (B) ``the disparity in any reporting between scholarship 
     recipients and their respective institutions of higher 
     education; and''
       (C) ``any recent statistics regarding the size, 
     composition, and educational requirements of the Federal 
     cyber workforce.''

     SEC. __. CYBERSECURITY IN PROGRAMS OF THE NATIONAL SCIENCE 
                   FOUNDATION.

       (a) Computer Science and Cybersecurity Education 
     Research.--Section 310 of the American Innovation and 
     Competitiveness Act (42 U.S.C. 1862s-7) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``and cybersecurity'' 
     after ``computer science''; and
       (B) in paragraph (2)--
       (i) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E) tools and models for the integration of cybersecurity 
     and other interdisciplinary efforts into computer science 
     education and computational thinking at secondary and 
     postsecondary levels of education.''; and
       (2) in subsection (c), by inserting ``, cybersecurity,'' 
     after ``computing''.
       (b) Scientific and Technical Education.--Section 3(j)(9) of 
     the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 
     1862i(j)(9)) is amended by inserting ``and cybersecurity'' 
     after ``computer science''.
       (c) Low-Income Scholarship Program.--Section 414(d) of the 
     American Competitiveness and Workforce Improvement Act of 
     1998 (42 U.S.C. 1869c) is amended--
       (1) in paragraph (1), by striking ``or computer science'' 
     and inserting ``computer science, or cybersecurity''; and
       (2) in paragraph (2)(A)(iii), by inserting 
     ``cybersecurity,'' after ``computer science,''.
       (d) Scholarships and Graduate Fellowships.--The Director of 
     the National Science Foundation shall ensure that students 
     pursuing master's degrees and doctoral degrees in fields 
     relating to cybersecurity are considered as applicants for 
     scholarships and graduate fellowships under the Graduate 
     Research Fellowship Program under section 10 of the National 
     Science Foundation Act of 1950 (42 U.S.C. 1869).
       (e) Presidential Awards for Teaching Excellence.--The 
     Director of the National Science Foundation shall ensure that 
     educators and mentors in fields relating to cybersecurity can 
     be considered for--
       (1) Presidential Awards for Excellence in Mathematics and 
     Science Teaching made under section 117 of the National 
     Science Foundation Authorization Act of 1988 (42 U.S.C. 
     1881b); and
       (2) Presidential Awards for Excellence in STEM Mentoring 
     administered under section 307 of the American Innovation and 
     Competitiveness Act (42 U.S.C. 1862s-6).

     SEC. __. CYBERSECURITY IN STEM PROGRAMS OF THE NATIONAL 
                   AERONAUTICS AND SPACE ADMINISTRATION.

       In carrying out any STEM education program of the National 
     Aeronautics and Space Administration (referred to in this 
     section as ``NASA''), including a program of the Office of 
     STEM Engagement, the Administrator of NASA shall, to the 
     maximum extent practicable, encourage the inclusion of 
     cybersecurity education opportunities in such program.

     SEC. __. CYBERSECURITY IN DEPARTMENT OF TRANSPORTATION 
                   PROGRAMS.

       (a) University Transportation Centers Program.--Section 
     5505 of title 49, United States Code, is amended--
       (1) in subsection (a)(2)(C), by inserting ``in the matters 
     described in subparagraphs (A) through (G) of section 
     6503(c)(1)'' after ``transportation leaders''; and
       (2) in subsection (c)(3)(E)--
       (A) by inserting ``, including the cybersecurity 
     implications of technologies relating to connected vehicles, 
     connected infrastructure, and autonomous vehicles'' after 
     ``autonomous vehicles''; and
       (B) by striking ``The Secretary'' and inserting the 
     following:
       ``(i) In general.--A regional university transportation 
     center receiving a grant under this paragraph shall carry out 
     research focusing on 1 or more of the matters described in 
     subparagraphs (A) through (G) of section 6503(c)(1).
       ``(ii) Focused objectives.--The Secretary''.
       (b) Transportation Research and Development 5-Year 
     Strategic Plan.--Section 6503(c)(1) of title 49, United 
     States Code, is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by inserting ``and'' after the 
     semicolon at the end; and
       (3) by adding at the end the following:
       ``(G) reducing transportation cybersecurity risks;''.

     SEC. __. NATIONAL CYBERSECURITY CHALLENGES.

       (a) In General.--Title II of the Cybersecurity Enhancement 
     Act of 2014 (15 U.S.C. 7431 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 205. NATIONAL CYBERSECURITY CHALLENGES.

       ``(a) Establishment of National Cybersecurity Challenges.--
       ``(1) In general.--To achieve high-priority breakthroughs 
     in cybersecurity by 2028, the Secretary of Commerce shall 
     establish the following national cybersecurity challenges:
       ``(A) Economics of a cyber attack.--Building more resilient 
     systems that measurably and exponentially raise adversary 
     costs of carrying out common cyber attacks.
       ``(B) Cyber training.--
       ``(i) Empowering the people of the United States with an 
     appropriate and measurably sufficient level of digital 
     literacy to make safe and secure decisions online.
       ``(ii) Developing a cybersecurity workforce with measurable 
     skills to protect and maintain information systems.
       ``(C) Emerging technology.--Advancing cybersecurity efforts 
     in response to emerging technology, such as artificial 
     intelligence, quantum science, and next generation 
     communications technologies.
       ``(D) Reimagining digital identity.--Maintaining a high 
     sense of usability while improving the security and safety of 
     online activity of individuals in the United States.
       ``(E) Federal agency resilience.--Reducing cybersecurity 
     risks to Federal networks and systems, and improving the 
     response of Federal agencies to cybersecurity incidents on 
     such networks and systems.

[[Page S3572]]

       ``(2) Coordination.--In establishing the challenges under 
     paragraph (1), the Secretary shall coordinate with the 
     Secretary of Homeland Security on the challenges under 
     subparagraphs (B) and (E) of such paragraph.
       ``(b) Pursuit of National Cybersecurity Challenges.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary, acting 
     through the Under Secretary of Commerce for Standards and 
     Technology, shall commence efforts to pursue the national 
     cybersecurity challenges established under subsection (a).
       ``(2) Competitions.--The efforts required by paragraph (1) 
     shall include carrying out programs to award prizes, 
     including cash and noncash prizes, competitively pursuant to 
     the authorities and processes established under section 24 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3719) or any other applicable provision of law.
       ``(3) Additional authorities.--In carrying out paragraph 
     (1), the Secretary may enter into and perform such other 
     transactions as the Secretary considers necessary and on such 
     terms as the Secretary considers appropriate.
       ``(4) Coordination.--In pursuing national cybersecurity 
     challenges under paragraph (1), the Secretary shall 
     coordinate with the following:
       ``(A) The Director of the National Science Foundation.
       ``(B) The Secretary of Homeland Security.
       ``(C) The Director of the Defense Advanced Research 
     Projects Agency.
       ``(D) The Director of the Office of Science and Technology 
     Policy.
       ``(E) The Director of the Office of Management and Budget.
       ``(F) The Administrator of the General Services 
     Administration.
       ``(G) The Federal Trade Commission.
       ``(H) The heads of such other Federal agencies as the 
     Secretary of Commerce considers appropriate for purposes of 
     this section.
       ``(5) Solicitation of acceptance of funds.--
       ``(A) In general.--Pursuant to section 24 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), 
     the Secretary shall request and accept funds from other 
     Federal agencies, State, United States territory, local, or 
     tribal government agencies, private sector for-profit 
     entities, and nonprofit entities to support efforts to pursue 
     a national cybersecurity challenge under this section.
       ``(B) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to require any person or entity to provide 
     funds or otherwise participate in an effort or competition 
     under this section.
       ``(c) Recommendations.--
       ``(1) In general.--In carrying out this section, the 
     Secretary of Commerce shall designate an advisory council to 
     seek recommendations.
       ``(2) Elements.--The recommendations required by paragraph 
     (1) shall include the following:
       ``(A) A scope for efforts carried out under subsection (b).
       ``(B) Metrics to assess submissions for prizes under 
     competitions carried out under subsection (b) as the 
     submissions pertain to the national cybersecurity challenges 
     established under subsection (a).
       ``(3) No additional compensation.--The Secretary may not 
     provide any additional compensation, except for travel 
     expenses, to a member of the advisory council designated 
     under paragraph (1) for participation in the advisory 
     council.''.
       (b) Conforming Amendments.--Section 201(a)(1) of such Act 
     is amended--
       (1) in subparagraph (J), by striking ``; and'' and 
     inserting a semicolon;
       (2) by redesignating subparagraph (K) as subparagraph (L); 
     and
       (3) by inserting after subparagraph (J) the following:
       ``(K) implementation of section 205 through research and 
     development on the topics identified under subsection (a) of 
     such section; and''.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 204 the following:

``Sec. 205. National Cybersecurity Challenges.''.
                                 ______
                                 
  SA 2179. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. STOPPING WASTEFUL ADVERTISING BY THE GOVERNMENT.

       (a) Definitions.--In this section--
       (1) the term ``advertising'' means the placement of 
     messages in media that are intended to inform or persuade an 
     audience, including placement in television, radio, a 
     magazine, a newspaper, digital media, direct mail, a tangible 
     product, an exhibit, or a billboard;
       (2) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code;
       (3) the term ``mascot''--
       (A) means an individual, animal, or object adopted by an 
     agency as a symbolic figure to represent the agency or the 
     mission of the agency; and
       (B) includes a costumed character;
       (4) the term ``public relations'' means communications by 
     an agency that are directed to the public, including 
     activities dedicated to maintaining the image of the 
     governmental unit or maintaining or promoting understanding 
     and favorable relations with the community or the public;
       (5) the term ``return on investment'' means, with respect 
     to the public relations and advertising spending by an 
     agency, a positive return in achieving agency or program 
     goals relative to the investment in advertising and marketing 
     materials; and
       (6) the term ``swag''--
       (A) means a tangible product or merchandise distributed at 
     no cost with the sole purpose of advertising or promoting an 
     agency, organization, or program;
       (B) includes blankets, buttons, candy, clothing, coloring 
     books, cups, fidget spinners, hats, holiday ornaments, jar 
     grip openers, keychains, koozies, magnets, neckties, 
     snuggies, stickers, stress balls, stuffed animals, thermoses, 
     tote bags, trading cards, and writing utensils; and
       (C) does not include--
       (i) an item presented as an honorary or informal 
     recognition award related to the Armed Forces of the United 
     States, such as a challenge coin or medal issued for 
     sacrifice or meritorious service;
       (ii) a brochure or pamphlet purchased or distributed for 
     informational purposes; or
       (iii) an item distributed for diplomatic purposes, 
     including a gift for a foreign leader.
       (b) Prohibitions; Public Relations and Advertising 
     Spending.--
       (1) Prohibitions.--Except as provided in paragraph (3), and 
     unless otherwise expressly authorized by law--
       (A) an agency or other entity of the Federal Government may 
     not use Federal funds to purchase or otherwise acquire or 
     distribute swag; and
       (B) an agency or other entity of the Federal Government may 
     not use Federal funds to manufacture or use a mascot to 
     promote an agency, organization, program, or agenda.
       (2) Public relations and advertising spending.--Each agency 
     shall, as part of the annual budget justification submitted 
     to Congress, report on the public relations and advertising 
     spending of the agency for the preceding fiscal year, which 
     may include an estimate of the return on investment for the 
     agency.
       (3) Exceptions.--
       (A) Swag.--Paragraph (1)(A) shall not apply with respect 
     to--
       (i) an agency program that supports the mission and 
     objectives of the agency that is initiating the public 
     relations or advertising spending, provided that the spending 
     generates a positive return on investment for the agency;
       (ii) recruitment relating to--

       (I) enlistment or employment with the Armed Forces; or
       (II) employment with the Federal Government; or

       (iii) an item distributed by the Bureau of the Census to 
     assist the Bureau in conducting a census of the population of 
     the United States.
       (B) Mascots.--Paragraph (1)(B) shall not apply with respect 
     to--
       (i) a mascot that is declared the property of the United 
     States under a provision of law, including under section 2 of 
     Public Law 93-318 (16 U.S.C. 580p-1); or
       (ii) a mascot relating to the Armed Forces of the United 
     States.
       (4) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue regulations to carry out 
     this section.
                                 ______
                                 
  SA 2180. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title I, add the following:

     SEC. 114. LONG-TERM INVESTMENT AND SUSTAINMENT PLAN FOR 
                   CANNON TUBE PROCUREMENT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Army shall develop a long-term 
     investment and sustainment plan for cannon tube procurement 
     and submit to the congressional defense committees a report 
     on the Army's plan to mitigate risk to the industrial base.
                                 ______
                                 
  SA 2181. Mr. LEAHY (for himself, Mrs. Murray, and Ms. Baldwin) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe

[[Page S3573]]

military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 382. PILOT PROGRAM ON REDUCTION OF EFFECTS OF MILITARY 
                   AVIATION NOISE ON PRIVATE RESIDENCES AND 
                   SCHOOLS.

       (a) In General.--Commencing not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall carry out a pilot program to provide funds for 
     the installation of noise insulation at private residences 
     and schools impacted by military aviation noise in connection 
     with a covered military installation selected for 
     participation in the pilot program.
       (b) Eligibility.--
       (1) In general.--A private residence or school is eligible 
     for the installation of noise insulation under the pilot 
     program if the residence or school--
       (A) is located within a noise contour between a 65 decibel 
     day-night average sound level and a 75 decibel day-night 
     average sound level as validated during the three-year period 
     preceding the receipt of funds under the pilot program by an 
     assessment compliant with the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
     and
       (B) has been measured by the commander of the appropriate 
     covered military installation to have a 45 decibel day-night 
     average sound level.
       (2) Agreement.--To be eligible to receive funds under the 
     pilot program, a recipient shall enter into an agreement with 
     the commander of the appropriate covered military 
     installation under which the recipient agrees to--
       (A) provide not less than ten percent of the funds required 
     to carry out the noise insulation; and
       (B) ensure that the noise at the private residence or 
     school where insulation is installed is reduced by not less 
     than five decibels.
       (c) Selection of Locations.--
       (1) In general.--The Secretary shall select not fewer than 
     four covered military installations at which to carry out the 
     pilot program.
       (2) Criteria.--The Secretary shall ensure that the 
     installations selected under paragraph (1)--
       (A) are in areas that are geographically diverse;
       (B) include installations that serve members of the Armed 
     Forced on active duty and installations that serve members of 
     the reserve components of the Armed Forces;
       (C) focus on areas with private residences and schools 
     newly impacted by increased noise levels from such 
     installations; and
       (D) include at least one site co-located with a civilian 
     international airport.
       (d) Duration.--The Secretary shall carry out the pilot 
     program for a five-year period beginning on the commencement 
     of the pilot program.
       (e) Use of Funds to Meet Matching Fund Requirements of 
     Other Programs.--Funds provided under the pilot program may 
     be used to meet a matching funds requirement for any other 
     noise mitigation program run by another Federal agency.
       (f) Inapplicability of Reporting Requirements.--The 
     reporting requirements under section 2886 of this Act shall 
     not apply to noise mitigation measures under the pilot 
     program.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Defense $20,000,000 to 
     carry out the pilot program.
       (h) Rule of Construction.--Nothing in this section shall be 
     construed to invalidate the eligibility of a recipient of 
     funds under the pilot program for any other noise mitigation 
     program run by another Federal agency.
       (i) Covered Military Installation.--In this section, the 
     term ``covered military installation'' means a military 
     installation that has changed or expanded missions during the 
     five-year period preceding the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 2182. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1242. SENSE OF CONGRESS ON UNITED STATES ARMED FORCES 
                   PRESENCE IN GERMANY.

       It is the sense of Congress that--
       (1) United States troop presence in Germany has a 
     remarkable, longstanding post-World War II and post-Cold War 
     legacy and is essential to defending United States national 
     security interests in Europe and beyond;
       (2) Germany supports United States national security 
     objectives by paying to host the largest number of members of 
     the United States Armed Forces in Europe and five of the 
     seven United States Army garrisons in Europe;
       (3) to maintain the United States presence, Germany 
     contributes approximately $1,000,000,000 of annual costs, 
     including through the rent-free provision of bases and 
     facilities, tax exemptions, reduced-cost services, provision 
     of security, and other benefits;
       (4) The support described in paragraph (3) is underwritten 
     by a German public that is traditionally very supportive of 
     the United States military presence in Germany;
       (5) United States Armed Forces facilities in Germany 
     include--
       (A) Ramstein Air Base, a critical hub for operations in the 
     Middle East and Africa and headquarters to the United States 
     Air Force in Europe and Africa;
       (B) the Landstuhl Regional Medical Center, which has saved 
     the lives of countless members of the Armed Forces wounded in 
     Iraq and Afghanistan;
       (C) the Stuttgart headquarters of both the United States 
     European Command and the United States Africa Command;
       (D) the Wiesbaden headquarters of United States Army 
     Europe;
       (E) the Kaiserslautern area, which is home to the 21st 
     Theater Support Command, responsible for all United States 
     Army logistics in Europe;
       (F) the Spangdahlem F-16 fighter base; and
       (G) the Grafenwoehr Training Area, the largest and most 
     sophisticated training facility of the North Atlantic Treaty 
     Organization in Europe;
       (6) nearly all United States Armed Forces flights to Iraq 
     and Afghanistan pass through Ramstein in southwestern 
     Germany, the largest United States airbase outside the United 
     States;
       (7) the United States military hospital in Landstuhl treats 
     soldiers wounded in combat in Iraq and Afghanistan and other 
     United States citizens, including hostages returning to the 
     United States after their captivity, and to assist additional 
     United States citizens, the United States is constructing a 
     new $1,000,000,000 military hospital in Weilerbach, Germany, 
     which will be the largest military hospital outside the 
     United States;
       (8) the North Atlantic Treaty Organization continues to 
     play a critical role in the national security of the United 
     States;
       (9) the approximately 35,000 members of the United States 
     Armed Forces stationed in Germany, and the ability to 
     increase that level to over 50,000 members of the United 
     States Armed Forces, is essential to supporting North 
     Atlantic Treaty Organization operations and its collective 
     deterrence against threats;
       (10) United States troop levels in Germany have already 
     decreased significantly since the end of the Cold War, when 
     there were as many as 200,000 members of the United States 
     Armed Forces in Germany;
       (11) since 1995, the withdrawal of the bulk of forward-
     deployed United States troops in the European theater and the 
     closure of bases left the United States and the North 
     Atlantic Treaty Organization unprepared for the Russian 
     Federation's revanchist maneuvers in Ukraine, Georgia, and 
     the Middle East;
       (12) in response to the Russian Federation's illegal 
     annexation of Crimea and instigation of a proxy war in 
     Eastern Ukraine, increased military activities in the High 
     North region of Europe, particularly through reportedly 
     adding nuclear-capable missiles to Kaliningrad, and enhanced 
     naval presence in the Baltic Sea, the Arctic Ocean, and the 
     North Sea, the United States and North Atlantic Treaty 
     Organization allies have bolstered their rotational military 
     presence throughout Europe;
       (13) the United States troop presence in Germany is 
     critical to--
       (A) maintaining such rotational military presence;
       (B) United States participation in additional exercises and 
     trainings with allies and partners;
       (C) the enhanced pre-positioning of United States equipment 
     in European countries on the front lines of the Russia 
     Federation's aggression; and
       (D) intensified efforts to build partner capacity for newer 
     North Atlantic Treaty Organization members and other non-
     North Atlantic Treaty Organization countries;
       (14) the United States presence in Germany--
       (A) supports United States European Command operations;
       (B) provides significant support to the United States 
     Central Command;
       (C) serves as the headquarters for the United States Africa 
     Command; and
       (D) affords the United States an important transit and 
     jumping-off point for operations worldwide;
       (15) strategic experts, transatlantic leaders, and current 
     and former military personnel have warned that any step to 
     withdraw the already limited United States troop presence in 
     Germany, let alone reduce the United States presence by 28 
     percent, can only benefit the Russian Federation and weaken 
     the North Atlantic Treaty Organization and United States 
     security as a whole; and
       (16) reducing the United States troop presence in Germany 
     during a time of growing threats in Europe and beyond is a 
     dangerous strategic misstep that will undermine United States 
     national security interests and weaken the North Atlantic 
     Treaty Organization and the transatlantic alliance.
                                 ______
                                 
  SA 2183. Ms. SINEMA (for herself and Mr. Cramer) submitted an 
amendment intended to be proposed by her to the

[[Page S3574]]

bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XXVIII, add the 
     following:

     SEC. 2803. MODIFICATION TO AUTHORITY FOR MILITARY 
                   CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT 
                   CENTERS AT MILITARY INSTALLATIONS.

       Section 2809(b) of the National Defense Authorization Act 
     for Fiscal Year 2020 is amended--
       (1) in paragraph (1), by inserting ``and annually 
     thereafter,'' after ``this Act,''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``the report'' and 
     inserting ``a report''; and
       (B) in subparagraph (B), by inserting ``in which the 
     project is included'' before the period at the end.
                                 ______
                                 
  SA 2184. Ms. SINEMA (for herself and Mr. Cotton) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. 752. PILOT PROGRAM ON PRE-PROGRAMMING OF SUICIDE 
                   PREVENTION RESOURCES INTO SMART DEVICES ISSUED 
                   TO MEMBERS OF THE ARMED FORCES.

       (a) In General.--Commencing not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall carry out a pilot program under which the 
     Secretary--
       (1) pre-downloads the Virtual Hope Box application of the 
     Defense Health Agency, or successor application, on smart 
     devices individually issued to members of the Armed Forces;
       (2) pre-programs the National Suicide Hotline number and 
     Veterans Crisis Line number into the contacts for such 
     devices; and
       (3) provides training, as part of training on suicide 
     awareness and prevention conducted throughout the Department 
     of Defense, on the preventative resources described in 
     paragraphs (1) and (2).
       (b) Duration.--The Secretary shall carry out the pilot 
     program under this section for a two-year period.
       (c) Scope.--The Secretary shall determine the appropriate 
     scope of individuals participating in the pilot program under 
     this section to best represent each Armed Force and to ensure 
     a relevant sample size.
       (d) Identification of Other Resources.--In carrying out the 
     pilot program under this section, the Secretary shall 
     coordinate with the Director of the Defense Health Agency and 
     the Secretary of Veterans Affairs to identify other useful 
     technology-related resources for use in the pilot program.
       (e) Report.--Not later than 30 days after completing the 
     pilot program under this section, the Secretary shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the pilot program.
       (f) Veterans Crisis Line Defined.--In this section, the 
     term ``Veterans Crisis Line'' means the toll-free hotline for 
     veterans established under section 1720F(h) of title 38, 
     United States Code.
                                 ______
                                 
  SA 2185. Mr. HOEVEN (for himself, Mr. Udall, Mr. Barrasso, Ms. 
Murkowski, Ms. McSally, Mr. Tester, Mr. Schatz, Mr. Cramer, Ms. Smith, 
and Mr. Daines) submitted an amendment intended to be proposed by him 
to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

 DIVISION E--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                            REAUTHORIZATION

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2020''.

     SEC. 5102. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project at the time of environmental review, 
     the Indian tribe of the recipient may assume, in addition to 
     all of the responsibilities for environmental review, 
     decision making, and action under subsection (a), all of the 
     additional responsibilities for environmental review, 
     decision making, and action under provisions of law that 
     would apply to each Federal agency providing additional 
     funding were the Federal agency to carry out the project as a 
     Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--
       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and
       ``(B) that the certifying officer consents to assume the 
     status of a responsible Federal official under the provisions 
     of law that would apply to each Federal agency providing 
     additional funding under paragraph (1).
       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under this subsection shall assume sole 
     liability for the content and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to carry out 
     the responsibilities of the Indian tribe as described in 
     subsection (a) or paragraph (1), as applicable, the Secretary 
     or other head, as applicable, may impose appropriate remedies 
     and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2021 through 2031''.

     SEC. 5104. STUDENT HOUSING ASSISTANCE.

       Section 202(3) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is 
     amended by inserting ``including education-related stipends, 
     college housing assistance, and other education-related 
     assistance for low-income college students,'' after ``self-
     sufficiency and other services,''.

     SEC. 5105. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR 
                   OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED 
                   HOUSING ENTITY.

       Section 203(a)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is 
     amended by inserting ``owned or operated by a recipient and'' 
     after ``residing in a dwelling unit''.

     SEC. 5106. PROGRAM REQUIREMENTS.

       Section 203(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as 
     amended by section 5) is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following:
       ``(2) Application of tribal policies.--Paragraph (3) shall 
     not apply if--
       ``(A) the recipient has a written policy governing rents 
     and homebuyer payments charged for dwelling units; and
       ``(B) that policy includes a provision governing maximum 
     rents or homebuyer payments, including tenant protections.''; 
     and
       (4) in paragraph (3) (as so redesignated), by striking ``In 
     the case of'' and inserting ``In the absence of a written 
     policy governing rents and homebuyer payments, in the case 
     of''.

     SEC. 5107. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is 
     amended by striking ``$5,000'' and inserting ``$10,000''.

[[Page S3575]]

  


     SEC. 5108. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c)--
       (A) by striking ``The provisions'' and inserting the 
     following:
       ``(1) In general.--The provisions''; and
       (B) by adding at the end the following:
       ``(2) Applicability to improvements.--The provisions of 
     subsection (a)(2) regarding binding commitments for the 
     remaining useful life of property shall not apply to 
     improvements of privately owned homes if the cost of the 
     improvements do not exceed 10 percent of the maximum total 
     development cost for the home.''.

     SEC. 5109. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
     adding at the end the following:
       ``(c) Notice of Termination.--The notice period described 
     in subsection (a)(3) shall apply to projects and programs 
     funded in part by amounts authorized under this Act.''.

     SEC. 5110. INDIAN HEALTH SERVICE.

       (a) In General.--Subtitle A of title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

       ``Notwithstanding any other provision of law, the Director 
     of the Indian Health Service, or a recipient receiving 
     funding for a housing construction or renovation project 
     under this title, may use funding from the Indian Health 
     Service for the construction of sanitation facilities under 
     that project.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (Public Law 104-330; 110 Stat. 
     4016) is amended by inserting after the item relating to 
     section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

     SEC. 5111. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

       Section 401(a)(4) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``may take an action 
     described in paragraph (1)(C)'' and inserting ``may 
     immediately take an action described in paragraph (1)(C)''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Procedural requirements.--
       ``(i) In general.--If the Secretary takes an action 
     described in subparagraph (A), the Secretary shall provide 
     notice to the recipient at the time that the Secretary takes 
     that action.
       ``(ii) Notice requirements.--The notice under clause (i) 
     shall inform the recipient that the recipient may request a 
     hearing by not later than 30 days after the date on which the 
     Secretary provides the notice.
       ``(iii) Hearing requirements.--A hearing requested under 
     clause (ii) shall be conducted--

       ``(I) in accordance with subpart A of part 26 of title 24, 
     Code of Federal Regulations (or successor regulations); and
       ``(II) to the maximum extent practicable, on an expedited 
     basis.

       ``(iv) Failure to conduct a hearing.--If a hearing 
     requested under clause (ii) is not completed by the date that 
     is 180 days after the date on which the recipient requests 
     the hearing, the action of the Secretary to limit the 
     availability of payments shall no longer be effective.''.

     SEC. 5112. REPORTS TO CONGRESS.

       Section 407 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Indian Affairs and the Committee on 
     Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives''; and
       (2) by adding at the end the following:
       ``(c) Public Availability.--The report described in 
     subsection (a) shall be made publicly available, including to 
     recipients.''.

     SEC. 5113. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

       Section 702 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
       (1) in the section heading, by striking ``50-year'' and 
     inserting ``99-year'';
       (2) in subsection (b), by striking ``50 years'' and 
     inserting ``99 years''; and
       (3) in subsection (c)(2), by striking ``50 years'' and 
     inserting ``99 years''.

     SEC. 5114. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end and inserting ``such 
     sums as may be necessary for each of fiscal years 2021 
     through 2031.''.

     SEC. 5115. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

       Affordable housing (as defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103)) that is developed, acquired, or 
     assisted under the block grant program established under 
     section 101 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4111) shall not 
     exceed by more than 20 percent, without prior approval of the 
     Secretary of Housing and Urban Development, the total 
     development cost maximum cost for all housing assisted under 
     an affordable housing activity, including development and 
     model activities.

     SEC. 5116. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-based Development Organizations.--
       ``(1) Definitions.--In this subsection, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).
       ``(2) Qualification.--Notwithstanding any other provision 
     of law, an Indian tribe or a tribally designated housing 
     entity shall qualify as a community-based development 
     organization for purposes of carrying out new housing 
     construction under this subsection under a grant made under 
     section 106(a).''.

     SEC. 5117. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
                   COUNSELING GRANTS.

       Section 106(a)(4) of the Housing and Urban Development Act 
     of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting before the period at the end the 
     following: ``, Indian tribes, and tribally designated housing 
     entities'';
       (2) in subparagraph (B), by inserting ``, Indian tribes, 
     and tribally designated housing entities'' after 
     ``organizations)'';
       (3) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) Definitions.--In this paragraph, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).''.

     SEC. 5118. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184(b)(4) of the Housing and 
     Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) 
     is amended by--
       (1) redesignating subparagraphs (A) through (D) as clauses 
     (i) through (iv), respectively, and adjusting the margins 
     accordingly;
       (2) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (3) in subparagraph (A), as so designated, by adding at the 
     end the following:
       ``(v) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (4) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a 
     mortgage guaranteed through a direct guarantee process under 
     this subparagraph was not originated in accordance with the 
     requirements established by the Secretary, the Secretary may 
     require the lender approved under this subparagraph to 
     indemnify the Secretary for the loss, irrespective of whether 
     the violation caused the mortgage default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a direct guarantee process 
     under this subparagraph, the Secretary shall require the 
     original lender approved under this subparagraph to indemnify 
     the Secretary for the loss regardless of when an insurance 
     claim is paid.

       ``(C) Review of mortgagees.--
       ``(i) In general.--The Secretary may periodically review 
     the mortgagees originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(ii) Requirements.--In conducting a review under clause 
     (i), the Secretary--

       ``(I) shall compare the mortgagee with other mortgagees 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed mortgage loans originated, underwritten, or 
     serviced by that mortgagee;

[[Page S3576]]

       ``(II) may compare the mortgagee with such other mortgagees 
     based on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the Secretary;

       ``(iii) shall implement such comparisons by regulation, 
     notice, or mortgagee letter; and

       ``(I) may terminate the approval of a mortgagee to 
     originate, underwrite, or service loan guarantees for housing 
     under this section if the Secretary determines that the 
     mortgage loans originated, underwritten, or serviced by the 
     mortgagee present an unacceptable risk to the Indian Housing 
     Loan Guarantee Fund established under subsection (i)--

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2021 through 2031.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2021 through 2031''.

     SEC. 5119. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A(j)(5)(B) of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13b(j)(5)) is 
     amended by inserting after the first sentence the following: 
     ``There are authorized to be appropriated for those costs 
     such sums as may be necessary for each of fiscal years 2021 
     through 2031.''

     SEC. 5120. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY 
                   DESIGNATED HOUSING ENTITIES IN CONTINUUM OF 
                   CARE PROGRAM.

       (a) In General.--Title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11360 et seq.) is amended--
       (1) in section 401(8) (42 U.S.C. 11360(8)), by inserting 
     ``Indian reservations and trust land,'' after 
     ``nonentitlement area,''; and
       (2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at 
     the end the following:

     ``SEC. 435. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY 
                   DESIGNATED HOUSING ENTITIES.

       ``Notwithstanding any other provision of this title, for 
     purposes of this subtitle, an Indian tribe or tribally 
     designated housing entity (as defined in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103)) may--
       ``(1) be a collaborative applicant or eligible entity; or
       ``(2) receive grant amounts from another entity that 
     receives a grant directly from the Secretary, and use the 
     amounts in accordance with this subtitle.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 101(b) of the McKinney-Vento Homeless 
     Assistance Act (Public Law 100-77; 101 Stat. 482) is amended 
     by inserting after the item relating to section 434 the 
     following:

``Sec. 435. Participation of Indian tribes and tribally designated 
              housing entities.''.

     SEC. 5121. ASSISTANT SECRETARY FOR INDIAN HOUSING.

       The Department of Housing and Urban Development Act (42 
     U.S.C. 3531 et seq.) is amended--
       (1) in section 4 (42 U.S.C. 3533)--
       (A) in subsection (a)(1), by striking ``7'' and inserting 
     ``8''; and
       (B) in subsection (e)--
       (i) by redesignating paragraph (2) as paragraph (4); and
       (ii) by striking ``(e)(1)(A) There'' and all that follows 
     through the end of paragraph (1) and inserting the following:
       ``(e)(1) There is established within the Department the 
     Office of Native American Programs (in this subsection 
     referred to as the `Office') to be headed by an Assistant 
     Secretary for Native American Programs (in this subsection 
     referred to as the `Assistant Secretary'), who shall be 1 of 
     the Assistant Secretaries in subsection (a)(1).
       ``(2) The Assistant Secretary shall be responsible for--
       ``(A) administering, in coordination with the relevant 
     office in the Department, the provision of housing assistance 
     to Indian tribes or Indian housing authorities under each 
     program of the Department that provides for such assistance;
       ``(B) administering the community development block grant 
     program for Indian tribes under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
     and the provision of assistance to Indian tribes under such 
     Act;
       ``(C) directing, coordinating, and assisting in managing 
     any regional offices of the Department that administer Indian 
     programs to the extent of such programs; and
       ``(D) coordinating all programs of the Department relating 
     to Indian and Alaska Native housing and community 
     development.
       ``(3) The Secretary shall include in the annual report 
     under section 8 a description of the extent of the housing 
     needs for Indian families and community development needs of 
     Indian tribes in the United States and the activities of the 
     Department, and extent of such activities, in meeting such 
     needs.''; and
       (2) in section 8 (42 U.S.C. 3536), by striking ``section 
     4(e)(2)'' and inserting ``section 4(e)(4)''.

     SEC. 5122. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may make grants under 
     this section to recipients of assistance under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-
     related and violent crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing projects funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents; and
       (8) sports programs and sports activities that serve 
     primarily youths from housing projects funded through and are 
     operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those projects.
       (d) Applications.--
       (1) In general.--To receive a grant under this subsection, 
     an eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute

[[Page S3577]]

     funding to grantees under this section, which shall include 
     descriptions of--
       (A) the methodology used to distribute amounts made 
     available under this section among public housing agencies, 
     including provisions used to provide for renewals of ongoing 
     programs funded under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under section are not used to fund baseline 
     local government services, as described in subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall cause to 
     be published in the Federal Register not less frequently than 
     annually a notice of all grant awards made pursuant to 
     section, which shall identify the grantees and the amount of 
     the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, which may include the 
     use of on-site monitoring, independent public audit 
     requirements, certification by tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2), entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section, and any applicable enforcement 
     authority provided to the Secretary under the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2021 through 2031 to carry out this section.

     SEC. 5123. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(D) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a rental 
     assistance and supported housing program, to be known as the 
     `Tribal HUD-VASH program', in conjunction with the Secretary 
     of Veterans Affairs, by awarding grants for the benefit of 
     eligible Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design of the Program 
     to ensure the effective delivery of rental assistance and 
     supportive services to eligible Indian veterans under the 
     Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this subparagraph, and every 5 years thereafter, 
     the Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee on Indian, Insular and Alaska 
     Native Affairs of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the regulations described in item (aa) as 
     a barrier to implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.

     SEC. 5124. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     division or the amendments made by this division may be used 
     for purposes of meeting matching or cost participation 
     requirements under any other Federal or non-Federal program, 
     provided that such

[[Page S3578]]

     grants made pursuant to the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.) are spent in accordance with that Act.
                                 ______
                                 
  SA 2186. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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. __. REPORT ON BILLING PRACTICES FOR HEALTH CARE FROM 
                   DEPARTMENT OF DEFENSE.

       (a) Findings.--Congress finds the following:
       (1) Through the TRICARE program, the Department of Defense 
     provides health care benefits and services to approximately 
     9,500,000 beneficiaries.
       (2) The Department of Defense is not structured as a 
     typical health care provider, which can lead to complicated 
     billing practices and strict deadlines for members of the 
     Armed Forces, former members of the Armed Forces, and their 
     dependents, as well as for providers.
       (3) Numerous findings issued by the Inspector General of 
     the Department of Defense between 2014 and 2019 describe the 
     third-party collection program of the Department as 
     inadequately managed, resulting in substantial uncollected 
     funds that could be used to improve the quality of health 
     care at military medical treatment facilities.
       (4) Numerous press reports have found that the Federal 
     Government aggressively collects unpaid debts from uninsured 
     or low-income civilian patients who happen to receive 
     treatment at a military medical treatment facility, even 
     though providing that treatment often benefits military 
     readiness by providing experience to military medical 
     professionals.
       (b) Sense of Congress.--It is the sense of Congress that it 
     is in the national interest of the United States to ensure 
     members of the Armed Forces, former members of the Armed 
     Forces, and their dependents receive high-quality health 
     care, and that Federal agencies prioritize fairness and 
     accessibility when administering health care.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report assessing the 
     billing practices of the Department of Defense for care 
     received under the TRICARE program or at military medical 
     treatment facilities.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the extent to which data is being 
     collected and maintained on whether beneficiaries under the 
     TRICARE program have other forms of health insurance.
       (B) A description of the extent to which the Secretary of 
     Defense has implemented the recommendations of the Inspector 
     General of the Department of Defense to improve collections 
     of third-party payments for care at military medical 
     treatment facilities and a description of the impact such 
     implementation has had on such beneficiaries.
       (C) A description of the extent to which the process used 
     by managed care support contractors under the TRICARE program 
     to adjudicate third-party liability claims is efficient and 
     effective, including with respect to communication with such 
     beneficiaries.
       (d) TRICARE Program Defined.--In this section, the term 
     ``TRICARE program'' has the meaning given that term in 
     section 1072 of title 10, United States Code.
                                 ______
                                 
  SA 2187. Ms. CORTEZ MASTO (for herself and Ms. Rosen) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 XXVIII, add the 
     following:

     SEC. 28__. ESTABLISHMENT OF INTERAGENCY COMMITTEES ON JOINT 
                   USE OF CERTAIN LAND WITHDRAWN FROM 
                   APPROPRIATION UNDER PUBLIC LAND LAWS.

       (a) Interagency Executive Committee on Joint Use by 
     Department of the Navy and Department of the Interior of 
     Naval Air Station Fallon Ranges.--Section 3011(a) of the 
     Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 
     Stat. 885) is amended by adding at the end the following new 
     paragraph:
       ``(5) Intergovernmental executive committee.--
       ``(A) Establishment.--The Secretary of the Navy and the 
     Secretary of the Interior shall jointly establish, by 
     memorandum of understanding, an intergovernmental executive 
     committee (referred to in this paragraph as the `executive 
     committee'), for the purpose of exchanging views, 
     information, and advice relating to the management of the 
     natural and cultural resources of the land described in 
     paragraph (2).
       ``(B) Memorandum of understanding.--The memorandum of 
     understanding entered into under subparagraph (A) shall 
     include--
       ``(i) a description of the officials and other individuals 
     to be invited to participate as members in the executive 
     committee under subparagraph (C);
       ``(ii) a description of the duties of the Chairperson and 
     Vice Chairperson of the executive committee; and
       ``(iii) subject to subparagraphs (D) and (E), a procedure 
     for--

       ``(I) creating a forum to carry out the purpose described 
     in subparagraph (A);
       ``(II) rotating the Chairperson of the executive committee; 
     and
       ``(III) scheduling regular meetings of the executive 
     committee.

       ``(C) Membership.--The executive committee shall be 
     comprised of--
       ``(i) 1 representative of the Nevada Department of 
     Wildlife;
       ``(ii) 1 representative of the Nevada Department of 
     Conservation and Natural Resources;
       ``(iii) 1 county commissioner from each of Churchill, Lyon, 
     Nye, Mineral, and Pershing Counties, Nevada;
       ``(iv) 1 representative of each Indian tribe in the 
     vicinity of the land described in paragraph (2); and
       ``(v) not more than 3 members that the Secretary of the 
     Navy and the Secretary of the Interior jointly determine 
     would advance the goals and objectives of the executive 
     committee.
       ``(D) Chairperson and vice chairperson.--The members of the 
     executive committee shall elect from among the members--
       ``(i) 1 member to serve as Chairperson of the executive 
     committee; and
       ``(ii) 1 member to serve as Vice Chairperson of the 
     executive committee.
       ``(E) Meetings.--
       ``(i) Frequency.--The executive committee shall meet not 
     less frequently than 3 times each calendar year.
       ``(ii) Location.--The location of the meetings of the 
     executive committee shall rotate to facilitate ease of access 
     for all members of the executive committee.
       ``(iii) Public accessibility.--The meetings of the 
     executive committee shall--

       ``(I) be open to the public; and
       ``(II) serve as a forum for the public to provide comments 
     regarding the natural and cultural resources of the land 
     described in paragraph (2).

       ``(F) Conditions and terms.--
       ``(i) In general.--Each member of the executive committee 
     shall serve voluntarily and without compensation.
       ``(ii) Term of appointment.--

       ``(I) In general.--Except as provided in subclause 
     (II)(bb), each member of the executive committee shall be 
     appointed for a term of 4 years.
       ``(II) Original members.--Of the members initially 
     appointed to the executive committee, the Secretary of the 
     Navy and the Secretary of the Interior shall select--

       ``(aa) \1/2\ to serve for a term of 4 years; and
       ``(bb) \1/2\ to serve for a term of 2 years.
       ``(iii) Reappointment and replacement.--The Secretary of 
     the Navy and the Secretary of the Interior may reappoint or 
     replace, as appropriate, a member of the executive committee 
     if--

       ``(I) the term of the member has expired;
       ``(II) the member has resigned; or
       ``(III) the position held by the member has changed to the 
     extent that the ability of the member to represent the group 
     or entity that the member represents has been significantly 
     affected.

       ``(G) Liaisons.--The Secretary of the Navy and the 
     Secretary of the Interior shall each appoint appropriate 
     operational and land management personnel of the Department 
     of the Navy and the Department of the Interior, respectively, 
     to serve as liaisons to the executive committee.''.
       (b) Joint Access and Use by Department of the Air Force and 
     Department of the Interior of Nevada Test and Training Range 
     and Desert National Wildlife Refuge.--
       (1) United states fish and wildlife service and department 
     of the air force coordination.--Section 3011(b)(5) of the 
     Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 
     Stat. 887) is amended by adding at the end the following new 
     subparagraph:
       ``(G) Interagency committee.--
       ``(i) In general.--The Secretary of the Interior and the 
     Secretary of the Air Force shall jointly establish an 
     interagency committee (referred to in this subparagraph as 
     the `interagency committee') to facilitate coordination, 
     manage public access needs and requirements, and minimize 
     potential conflict between the Department of the Interior and 
     the Department of the Air Force with respect to joint 
     operating areas within the Desert National Wildlife Refuge.
       ``(ii) Membership.--The interagency committee shall include 
     only the following members:

       ``(I) Representatives from the United States Fish and 
     Wildlife Service.
       ``(II) Representatives from the Department of the Air 
     Force.
       ``(III) The Project Leader of the Desert National Wildlife 
     Refuge Complex.
       ``(IV) The Commander of the Nevada Test and Training Range, 
     Nellis Air Force Base.

[[Page S3579]]

       ``(iii) Report to congress.--The interagency committee 
     shall biannually submit to the Committees on Armed Services, 
     Environment and Public Works, and Energy and Natural 
     Resources of the Senate and the Committees on Armed Services 
     and Natural Resources of the House of Representatives, and 
     make available publicly online, a report on the activities of 
     the interagency committee.''.
       (2) Intergovernmental executive committee.--Such section is 
     further amended by adding at the end the following new 
     subparagraph:
       ``(H) Intergovernmental executive committee.--
       ``(i) Establishment.--The Secretary of the Interior and the 
     Secretary of the Air Force shall jointly establish, by 
     memorandum of understanding, an intergovernmental executive 
     committee (referred to in this subparagraph as the `executive 
     committee') in accordance with this subparagraph.
       ``(ii) Purpose.--The executive committee shall be 
     established for the purposes of--

       ``(I) exchanging views, information, and advice relating to 
     the management of the natural and cultural resources of the 
     lands withdrawn and reserved by this section; and
       ``(II) discussing and making recommendations to the 
     interagency committee established under subparagraph (G) with 
     respect to public access needs and requirements.

       ``(iii) Composition.--The executive committee shall 
     comprise the following members:

       ``(I) Federal agencies.--The Secretary of the Interior and 
     the Secretary of the Air Force shall each appoint 1 
     representative from an interested Federal agency.
       ``(II) State government.--The Secretary of the Interior and 
     the Secretary of the Air Force shall jointly invite 1 
     representative of the Nevada Department of Wildlife.
       ``(III) Local governments.--The Secretary of the Interior 
     and the Secretary of the Air Force shall jointly invite 1 
     county commissioner of each of Clark, Nye, and Lincoln 
     Counties, Nevada.
       ``(IV) Tribal governments.--The Secretary of the Interior 
     and the Secretary of the Air Force shall jointly invite 1 
     representative of each Indian tribe in the vicinity of the 
     portions of the joint use area of the Desert National 
     Wildlife Refuge where the Secretary of the Interior exercises 
     primary jurisdiction.
       ``(V) Public.--The Secretary of the Interior and the 
     Secretary of the Air Force shall jointly invite not more than 
     3 private individuals who the Secretary of the Interior and 
     the Secretary of the Air Force jointly determine would 
     further the goals and objectives of the executive committee.
       ``(VI) Additional members.--The Secretary of the Interior 
     and the Secretary of the Air Force may designate such 
     additional members as the Secretary of the Interior and the 
     Secretary of the Air Force jointly determine to be 
     appropriate.

       ``(iv) Operation.--The executive committee shall operate in 
     accordance with the terms set forth in the memorandum of 
     understanding under clause (i), which shall specify the 
     officials or other individuals to be invited to participate 
     in the executive committee in accordance with clause (iii).
       ``(v) Procedures.--Subject to clauses (vi) and (vii), the 
     memorandum of understanding under clause (i) shall establish 
     procedures for--

       ``(I) creating a forum for carrying out the purpose 
     described in clause (ii);
       ``(II) rotating the Chairperson of the executive committee; 
     and
       ``(III) scheduling regular meetings.

       ``(vi) Chairperson and vice chairperson.--

       ``(I) In general.--The members of the executive committee 
     shall elect from among the members--

       ``(aa) 1 member to serve as the Chairperson of the 
     executive committee; and
       ``(bb) 1 member to serve as the Vice Chairperson of the 
     executive committee.

       ``(II) Duties.--The duties of each of the Chairperson and 
     the Vice Chairperson shall be included in the memorandum of 
     understanding under clause (i).

       ``(vii) Meetings.--

       ``(I) Frequency.--The executive committee shall meet not 
     less frequently than 3 times each calendar year.
       ``(II) Meeting locations.--Locations of meetings of the 
     executive committee shall rotate to facilitate ease of access 
     for all executive committee members.
       ``(III) Public accessibility.--Meetings of the executive 
     committee shall--

       ``(aa) be open to the public; and
       ``(bb) provide a forum for the public to provide comment 
     regarding the management of, and public access to, the Nevada 
     Test and Training Range and the Desert National Wildlife 
     Refuge.
       ``(viii) Conditions and terms of appointment.--

       ``(I) In general.--Each member of the executive committee 
     shall serve voluntarily and without compensation.
       ``(II) Term of appointment.--

       ``(aa) In general.--Each member of the executive committee 
     shall be appointed for a term of 4 years.
       ``(bb) Original members.--Notwithstanding item (aa), the 
     Secretary of the Interior and the Secretary of the Air Force 
     shall select--
       ``(AA) \1/2\ of the original members of the executive 
     committee to serve for a term of 4 years; and
       ``(BB) \1/2\ of the original members of the executive 
     committee to serve for a term of 2 years.

       ``(III) Reappointment and replacement.--The Secretary of 
     the Interior and the Secretary of the Air Force may reappoint 
     or replace a member of the executive committee if--

       ``(aa) the term of the member has expired;
       ``(bb) the member has resigned; or
       ``(cc) the position held by the member has changed to the 
     extent that the ability of the member to represent the group 
     or entity that the member represents has been significantly 
     affected.
       ``(ix) Liaisons.--The Secretary of the Air Force and the 
     Secretary of the Interior shall each appoint appropriate 
     operational and land management personnel of the Department 
     of the Air Force and the Department of the Interior, 
     respectively, to participate in, and serve as liaisons to, 
     the executive committee.''.
                                 ______
                                 
  SA 2188. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, 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 XXVIII, add the 
     following:

     SEC. 28___. DESERT NATIONAL WILDLIFE REFUGE.

       (a) United States Fish and Wildlife Service Access.--
     Section 3011(b)(5)(D) of the Military Lands Withdrawal Act of 
     1999 (Public Law 106-65; 113 Stat. 888) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``effect'' and inserting ``affect any of''; and
       (2) by adding at the end the following:
       ``(iv) The ability of the Secretary of the Interior to 
     ensure access by nonmilitary personnel for a minimum of 15 
     percent of annual calendar days, which shall be enumerated in 
     an annual access schedule jointly prepared by the Secretary 
     of the Interior and the Secretary of the Air Force, to the 
     portions of the joint use area of the Desert National 
     Wildlife Refuge where the Secretary of the Interior exercises 
     primary jurisdiction to carry out the management 
     responsibilities of the Secretary of the Interior for the 
     Desert National Wildlife Refuge, including--

       ``(I) desert bighorn sheep surveys;
       ``(II) water catchment (guzzler) project maintenance;
       ``(III) annual desert bighorn sheep hunts;
       ``(IV) biological surveys;
       ``(V) surveys and treatment of invasive plants;
       ``(VI) research on desert bighorn sheep and other wildlife 
     species;
       ``(VII) access for members of affected Indian tribes to 
     visit culturally important sites;
       ``(VIII) cultural resource monitoring and surveys;
       ``(IX) vegetation, soil, springs, and groundwater 
     contaminant surveys;
       ``(X) groundwater well monitoring; and
       ``(XI) other scientific research.''.

       (b) Access to the Refuge Generally.--Section 3011(b)(5) of 
     the Military Lands Withdrawal Act of 1999 (Public Law 106-65; 
     113 Stat. 887) is amended by adding at the end the following:
       ``(G) Access to the refuge generally.--
       ``(i) Public access.--The Secretary of the Interior shall 
     facilitate timely public access in portions of the joint use 
     area of the Desert National Wildlife Refuge that are not 
     closed in accordance with subparagraph (C) for military 
     purposes for Tribal, recreational (including hunting), 
     educational, and research purposes--

       ``(I) in accordance with the laws (including regulations) 
     generally applicable to the Desert National Wildlife Refuge 
     and the National Wildlife Refuge System; and
       ``(II) consistent with the annual access schedules required 
     under subparagraph (D)(iv).

       ``(ii) Access for state of nevada and indian tribes.--The 
     Secretary of the Interior shall facilitate timely access, as 
     determined by the Secretary of the Interior, to the portions 
     of the joint use area of the Desert National Wildlife Refuge 
     where the Secretary of the Interior exercises primary 
     jurisdiction, consistent with the annual access schedules 
     required under subparagraph (D)(iv) and subject to such terms 
     and conditions as to which the Secretary of the Interior and 
     Secretary of the Air Force may mutually agree, to--

       ``(I) representatives from the Nevada Department of 
     Wildlife to carry out related management responsibilities to 
     care for wildlife and wildlife habitat; and
       ``(II) Indian tribes in the vicinity of those portions of 
     the joint use area to carry out cultural and religious 
     activities.''.

                                 ______
                                 
  SA 2189. Ms. CORTEZ MASTO (for herself and Mr. Young) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal

[[Page S3580]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. INNOVATION VOUCHER GRANT PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) an institution of higher education, as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001); or
       (B) a nonprofit research lab, institution, or other similar 
     organization in the United States associated with educational 
     or research activities, including a federally funded research 
     and development center.
       (3) Hubzone.--The term ``HUBZone'' has the meaning given 
     the term in section 31(b) of the Small Business Act (15 
     U.S.C. 657a(b)).
       (4) Program.--The term ``Program'' means the Innovation 
     Voucher Grant Program established under subsection (b).
       (5) Reservist.--The term ``Reservist'' means a member of a 
     reserve component of the Armed Forces named in section 10101 
     of title 10, United States Code.
       (6) Rural area.--The term ``rural area'' means any county 
     that the Bureau of the Census has defined as mostly rural or 
     completely rural in the most recent decennial census.
       (7) Service-connected.--The term ``service-connected'' has 
     the meaning given the term in section 101 of title 38, United 
     States Code.
       (8) Small business concern; small business concern owned 
     and controlled by veterans; small business concern owned and 
     controlled by women.--The terms ``small business concern'', 
     ``small business concern owned and controlled by veterans'', 
     and ``small business concern owned and controlled by women'' 
     have the meanings given those terms in section 3 of the Small 
     Business Act (15 U.S.C. 632).
       (9) Small business concern in an underserved market.--The 
     term ``small business concern in an underserved market'' 
     means a small business concern--
       (A) that is located in--
       (i) a low- to moderate-income community;
       (ii) a HUBZone;
       (iii) a community that has been designated as an 
     empowerment zone or an enterprise community under section 
     1391 of the Internal Revenue Code of 1986;
       (iv) a community that has been designated as a Promise Zone 
     by the Secretary of Housing and Urban Development;
       (v) a community that has been designated as a qualified 
     opportunity zone under section 1400Z-1 of the Internal 
     Revenue Code of 1986; or
       (vi) a rural area;
       (B) for which more than 50 percent of the employees reside 
     in a low- to moderate-income community;
       (C) that has been in existence for not more than 2 years;
       (D) owned and controlled by socially and economically 
     disadvantaged individuals, including minorities;
       (E) owned and controlled by women;
       (F) owned and controlled by veterans;
       (G) owned and controlled by service-disabled veterans; or
       (H) not less than 51 percent owned and controlled by 1 or 
     more--
       (i) members of the Armed Forces participating in the 
     Transition Assistance Program of the Department of Defense;
       (ii) Reservists;
       (iii) spouses of veterans, members of the Armed Forces, or 
     Reservists; or
       (iv) surviving spouses of veterans who died on active duty 
     or as a result of a service-connected disability.
       (10) Small business concern owned and controlled by 
     socially and economically disadvantaged individuals.--The 
     term ``small business concern owned and controlled by 
     socially and economically disadvantaged individuals'' has the 
     meaning given the term in section 8(d)(3)(C) of the Small 
     Business Act (15 U.S.C. 637(d)(3)(C)).
       (b) Innovation Voucher Grant Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator shall establish a 
     program to be known as the ``Innovation Voucher Grant 
     Program'' under which the Administrator shall, on a 
     competitive basis and in accordance with paragraph (7), award 
     to small business concerns grants for the Federal share of 
     the cost of purchasing from eligible entities technical 
     assistance and services necessary to carry out projects to 
     advance research, development, or commercialization of new or 
     innovative products and services.
       (2) Purposes of program.--The purposes of the Program are--
       (A) to foster collaboration between small business concerns 
     and research institutions or other similar organizations;
       (B) to facilitate access by small business concerns to 
     capital-intensive infrastructure and advanced research 
     capabilities;
       (C) to enable small business concerns to access technical 
     expertise and capabilities that will lead to the development 
     of innovative products;
       (D) to promote business dynamism and competition;
       (E) to stimulate United States leadership in advanced 
     research, innovation, and technology;
       (F) to accelerate the development of an advanced workforce; 
     and
       (G) to preserve and create new jobs.
       (3) Application.--
       (A) In general.--A small business concern desiring a grant 
     under the Program shall submit to the Administrator an 
     application with the eligible entity from which the small 
     business concern will purchase technical assistance and 
     services using funds awarded under the grant.
       (B) Selection.--Not later than 180 days after the deadline 
     established by the Administrator to submit applications under 
     subparagraph (A), the Administrator shall select the 
     recipients of the grants under the Program.
       (4) Evaluation.--In evaluating an application for a grant 
     under the Program, the Administrator shall take into 
     consideration--
       (A) the likelihood that funds awarded under the grant will 
     be used to create or advance a novel product or service;
       (B) the feasibility of creating or advancing a novel 
     product or service proposed to be created or advanced using 
     funds awarded under the grant; and
       (C) whether creating or advancing a product or service 
     proposed to be created or advanced using funds awarded under 
     the grant could be accomplished without a grant awarded under 
     the Program.
       (5) Amount.--A grant made under the Program shall be made 
     in an amount of not less than $15,000 and not more than 
     $75,000, which shall remain available to the grantee until 
     expended.
       (6) Amounts for small business concerns.--
       (A) In general.--Except to the extent that the 
     Administrator determines otherwise, not less than 40 percent 
     of the amounts made available for the Program in a fiscal 
     year shall be set aside and expended through--
       (i) a small business concern in an underserved market; or
       (ii) a small business concern in a region or State that has 
     historically been underserved by Federal research and 
     development funds.
       (B) Remaining amount.--Any amount that is set aside under 
     subparagraph (A) in a fiscal year that is not expended by the 
     end of the fiscal year shall be--
       (i) except as provided in clause (ii), available in the 
     following fiscal year to make grants to small business 
     concerns described in clauses (i) and (ii) of subparagraph 
     (A); and
       (ii) on and after October 1, 2024, available to make grants 
     to all small business concerns under the Program.
       (7) Federal share.--The Federal share of the cost of 
     purchasing technical assistance and services described in 
     paragraph (1) using funds awarded under a grant made under 
     the Program shall be--
       (A) not more than 75 percent, if the amount of the grant is 
     less than $50,000; and
       (B) not more than 50 percent, if the amount of the grant is 
     not less than $50,000.
       (8) Reports.--
       (A) Reports from grant recipients.--Not later than 180 days 
     after the date on which a project carried out under a grant 
     awarded under the Program is completed, the recipient of the 
     grant shall submit to the Administrator a report on the 
     project, including--
       (i) whether and how the project met the original 
     expectations for the project;
       (ii) how the results of the project were incorporated in 
     the business of the grant recipient; and
       (iii) whether and how the project improved innovation 
     practices of the grant recipient.
       (B) Report of the administrator.--Not later than 2 years 
     after the date on which the Administrator establishes the 
     Program, and every 2 years thereafter until the date on which 
     the amounts appropriated for the Program are expended, the 
     Administrator shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report on grants 
     awarded under the Program, including--
       (i) a description of the grants awarded;
       (ii) the estimated number of products or services created 
     or advanced under grants awarded under the Program that could 
     have been created or advanced without grants awarded under 
     the Program; and
       (iii) a description of the impact of the Program on 
     knowledge transfer and commercialization.
       (C) Final report of the administrator.--Not later than 180 
     days after the date on which amounts appropriated for the 
     Program are expended, the Administrator shall submit to the 
     committees described in subparagraph (B) a final report 
     containing the information described in clauses (i), (ii), 
     and (iii) of that paragraph.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out the 
     Program $10,000,000 for each of fiscal years 2021 through 
     2025, to remain available until expended.
                                 ______
                                 
  SA 2190. Mr. COTTON (for himself, Mr. Schumer, Mr. Reed, Mr. Risch, 
Ms. Collins, Mr. King, Mr. Hawley, Mr. Jones, and Mrs. Gillibrand) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal

[[Page S3581]]

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. ____. GRANTS FOR CONSTRUCTION OF MICROELECTRONICS 
                   MANUFACTURING AND RESEARCH AND DEVELOPMENT 
                   FACILITIES, AND WORKFORCE DEVELOPMENT.

       (a) Grants for States With Demonstrated Interest in 
     Constructing Microelectronics Manufacturing and Advanced 
     Research and Development Facilities.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Commerce, in 
     consultation with the Secretary of Defense, shall commence 
     carrying out a program on the award of grants to States 
     described in paragraph (2) to assist in financing the 
     construction, expansion, or modernization (including 
     acquisition of equipment and intellectual property) of 
     microelectronics fabrication, assembly, test, advanced 
     packaging, or advanced research and development facilities.
       (2) States described.--A State described in this paragraph 
     is a State that demonstrates to the Secretary of Commerce the 
     following:
       (A) Documented interest from a microelectronics company, 
     that has a demonstrated ability to build and operate 
     microelectronics fabrication, assembly, test, advanced 
     packaging, or advanced research and development facilities, 
     in constructing, expanding, or modernizing a commercial 
     microelectronics fabrication, assembly, test, advanced 
     packaging, or advanced research and develop facility, or 
     documented interest from a public-private consortium that has 
     a demonstrated ability to build and operate an advanced 
     research and development facility in the State.
       (B) Documented interest from a private entity to provide 
     funding to support the construction, expansion, or 
     modernization of the facility that is the subject of the 
     interest documented under subparagraph (A).
       (C) Commitments from such microelectronics company or 
     consortia to worker and community investment, including--
       (i) training and education benefits paid for by the 
     company; and
       (ii) programs to expand employment opportunity for 
     economically disadvantaged individuals.
       (D) Commitments from regional educational and training 
     entities and institutions of higher education to develop 
     curriculum or engage in workforce training, including 
     programming for training and job placement of economically 
     disadvantaged individuals.
       (E) Guaranteed State-level economic incentives for the 
     construction, expansion, or modernization of the facility 
     described in subparagraph (B), such as site development, tax 
     incentives, job-training programs and State-level funding for 
     microelectronics research and development.
       (3) Limitation on grant amount.--A State may not be awarded 
     more than $3,000,000,000 under paragraph (1).
       (4) Use of funds .--
       (A) In general.--A State receiving a grant under paragraph 
     (1) may only use the amount of the grant to finance--
       (i) the construction, expansion, or modernization of a 
     state-of-the-art microelectronics fabrication, assembly, 
     test, advanced packaging, or advanced research and 
     development facility with respect to which the State 
     demonstrated to the Secretary documented interest under 
     paragraph (2), or for similar uses in state of practice and 
     legacy facilities as deemed necessary by the Secretary for 
     national security and economic competitiveness;
       (ii) to support workforce development for such facility; or
       (iii) to support site development for such facility.
       (B) Return of funds.--A State awarded a grant under 
     paragraph (1) shall return any unused funds to the Treasury 
     of the United States on an agreed-upon timeframe determined 
     by the Secretary prior to issuing the funds.
       (C) Recovery of certain funds.--If a microelectronics 
     entity receiving grant funds under this subsection engages in 
     increased levels of joint research and development, 
     technology licensing or transfer, or investment involving 
     sensitive technologies with entities under the foreign 
     ownership, control, or influence (FOCI) of the Government of 
     the People's Republic of China or other foreign adversary 
     during the period of the grant, as determined by the 
     Secretary as part of a periodic review of whether a 
     microelectronics entity participating in the program 
     specified in this subsection is under foreign ownership, 
     control, or influence, the Secretary shall recover the 
     amounts provided by the Secretary under this subsection.
       (5) Prohibition.--If pursuant to the periodic review of 
     foreign ownership, control, or influence specified in 
     paragraph (4)(C), the Secretary determines that a 
     microelectronics entity is under the foreign ownership, 
     control or influence of the Government of the People's 
     Republic of China or other foreign adversary during the 
     period of the grant, such entity shall be prohibited from 
     participating in the program specified in this subsection.
       (6) Nonrelocation between states.--
       (A) Prohibition.--A State may not use any amount of a grant 
     awarded under this subsection to induce the relocation or the 
     movement of existing jobs from one State to another State in 
     competition for those jobs.
       (B) Remedies.--In the event that the Secretary determines 
     an amount of a grant awarded to a State under this subsection 
     was used in violation of subparagraph (A), the Secretary may 
     pursue appropriate enforcement actions, including--
       (i) suspension of disbursements of the grant awarded; and
       (ii) termination of the grant awarded, which may include 
     the establishment of a debt requiring the recipient of the 
     grant to reimburse the amount of the grant.
       (7) Implementation.--The Secretary shall carry out this 
     section acting through the Director of the National Institute 
     of Standards and Technology.
       (8) Reports and notices.--
       (A) Secretary of commerce.--
       (i) Report on implementation plan.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report on the plans of the 
     Secretary to carry out the program required by paragraph (1).
       (ii) Notice of pending award.--

       (I) In general.--Not later than 30 days before awarding a 
     grant to a State under this subsection, the Secretary shall 
     submit to Congress a notice of the intended award.
       (II) Contents.--Each notice submitted under subclause (I) 
     shall include a description of the State to which the 
     Secretary intends to award a grant under this subsection, the 
     project or projects for which the amount of the grant is 
     intended to be used, specifics on the planned use of the 
     amounts of the grant for that project, and the rationale of 
     the Secretary for awarding the grant.

       (B) Comptroller general of the united states.--
       (i) Biennial report.--Not later than 1 year after the date 
     on which the Secretary of Commerce submits the report under 
     subparagraph (A)(i) and not less frequently than once every 2 
     years thereafter, the Comptroller General of the United 
     States shall submit to Congress a report on the activities 
     carried out under this subsection during the previous year.
       (ii) Contents.--Each report submitted under clause (i) 
     shall include, at a minimum, assessments of the following:

       (I) How the program is being carried out and how recipients 
     of grants are being selected under the program.
       (II) How other Federal programs are leveraged for 
     manufacturing, research, and training to complement the 
     grants awarded to States under this subsection.
       (III) Outcomes of projects supported by grants under this 
     subsection, including the construction, expansion, or 
     modernization of a microelectronics fabrication, assembly, 
     test, advanced packaging, or advanced research and 
     development facilities, research and development, workforce 
     training, employment, wages, and hiring of economically 
     disadvantaged populations.

       (9) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection 
     $15,000,000,000 for fiscal year 2021, with such amount to 
     remain available for such purpose until September 30, 2031.
       (b) Creation, Expansion, or Modernization of 
     Microelectronics Manufacturing Facilities and Capabilities 
     for National Security Needs.--
       (1) Incentives authorized.--The Secretary of Defense and 
     the Director of National Intelligence, in consultation with 
     the Secretary of Commerce, may jointly enter into 
     arrangements with private sector entities or consortia 
     thereof to provide incentives for the creation, expansion, or 
     modernization of one or more commercially competitive and 
     sustainable microelectronics manufacturing or advanced 
     research and development facilities capable of producing 
     measurably secure and specialized microelectronics for use by 
     the Department of Defense, the intelligence community, 
     critical infrastructure sectors of the United States economy, 
     and other national security applications.
       (2) Commercial manufacturing.--A facility constructed, 
     expanded, or modernized with an incentive provided under 
     paragraph (1) may--
       (A) be principally oriented toward commercial 
     manufacturing; or
       (B) devote surplus manufacturing capacity to the production 
     of commercial microelectronics.
       (3) Risk mitigation requirements.--A facility constructed, 
     expanded, or modernized with an incentive provided under 
     paragraph (1), or the components thereof, shall--
       (A) have the potential to perform fabrication, assembly, 
     package, test, or advanced research and development functions 
     for classified and export-controlled microelectronics;
       (B) include management processes to identify and mitigate 
     supply chain security risks; and
       (C) be able to produce microelectronics consistent with 
     applicable trusted supply chain and operational security 
     standards established under section 224 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92).
       (4) National security requirements.--In the provision of 
     incentives under paragraph (1), the Secretary of Defense and 
     the Director of National Intelligence shall jointly give 
     preference to private sector entities and consortia that--
       (A) have participated in previous programs and projects of 
     the Department of Defense or the Office of the Director of 
     National Intelligence, including--

[[Page S3582]]

       (i) the Trusted Integrated Circuit program of the 
     Intelligence Advanced Research Projects Activity;
       (ii) trusted and assured microelectronics projects, as 
     administered by the Department of Defense; or
       (iii) the Electronics Resurgence Initiative (ERI) program 
     of the Defense Advanced Research Projects Agency;
       (B) have demonstrated an ongoing commitment to performing 
     contracts for the Department of Defense and the intelligence 
     community;
       (C) are approved by the Defense Counterintelligence and 
     Security Agency or the Office of the Director of National 
     Intelligence as presenting an acceptable security risk, 
     taking into account supply chain assurance vulnerabilities, 
     counterintelligence risks, and any risks presented by 
     companies whose owners are located outside the United States; 
     and
       (D) are evaluated periodically for foreign ownership, 
     control, or influence, consistent with the determinations in 
     paragraphs (4)(C) and (5) of subsection (a).
       (5) Use of incentives.--Incentives may be provided under 
     paragraph (1) for the construction, expansion, or 
     modernization of a facility that was constructed, expanded, 
     or modernized with funds from a grant awarded under 
     subsection (a).
       (6) Nontraditional defense contractors and commercial 
     entities.--The arrangements entered into under paragraph (1) 
     shall be in the form the Secretary of Defense and the 
     Director of National Intelligence determine to be appropriate 
     to encourage industry participation of nontraditional defense 
     contractors or commercial entities and may include a 
     contract, a grant, a cooperative agreement, a commercial 
     agreement, the use of other transaction authority under 
     section 2371 of title 10, United States Code, or another such 
     arrangement.
       (7) Reports.--
       (A) Report by secretary of defense and director of national 
     intelligence.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Director of National Intelligence shall jointly submit to 
     Congress a report on the plans of the Secretary and the 
     Director to provide incentives under paragraph (1).
       (B) Biennial reports by comptroller general of the united 
     states.--Not later than 1 year after the date on which the 
     Secretary submits the report required by subparagraph (A) and 
     not less frequently than once every 2 years thereafter, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the activities carried out under this 
     subsection.
       (8) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection 
     $5,000,000,000 for fiscal year 2021, with such amount to 
     remain available for such purpose until September 30, 2031.
       (c) Additional Amounts for Ensuring the Future of United 
     States Leadership in Microelectronics.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated $2,000,000,000 for fiscal year 2021, with 
     such amount to remain available until September 30, 2031, to 
     expand the Electronics Resurgence Initiative of the Defense 
     Advanced Research Projects Agency to develop advanced 
     disruptive microelectronics technology, including research 
     and development to enable production at a volume required to 
     sustain a robust domestic microelectronics industry and 
     mitigate parts obsolescence.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out microelectronics research at 
     the National Science Foundation $1,500,000,000 for fiscal 
     year 2021, with such amount to remain available for such 
     purpose until September 30, 2031.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out microelectronics research at 
     the Department of Energy $1,250,000,000 for fiscal year 2021, 
     with such amount to remain available for such purpose until 
     September 30, 2031.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out microelectronics research at 
     the National Institute of Standards and Technology 
     $250,000,000 for fiscal year 2021, with such amount to remain 
     available for such purpose until September 30, 2031.
       (5) Supplement, not supplant.--The amounts authorized to be 
     appropriated under paragraphs (1) through (4) shall 
     supplement and not supplant amounts already appropriated to 
     carry out the purposes described in such paragraphs.
       (6) Domestic production requirements.--The heads of 
     executive agencies receiving funding under this section shall 
     develop policies to require domestic production, to the 
     extent possible, for any intellectual property resulting from 
     microelectronics research and development conducted as a 
     result of these funds and domestic control requirements to 
     protect any such intellectual property from foreign 
     adversaries.
       (7) Sense of congress.--Congress supports and encourages 
     efforts by the heads of executive agencies receiving funding 
     under this subsection to co-invest in industry-led 
     microelectronics investment consortiums to increase private 
     capital investment in the domestic microelectronics industry.
       (d) National Microelectronics Research and Development 
     Plan.--
       (1) In general.--The President shall establish a standing 
     subcommittee of the President's Office of Science and 
     Technology's National Science and Technology Council for 
     interagency efforts relating to microelectronics policy.
       (2) National microelectronics research plan.--
       (A) In general.--The subcommittee established under 
     paragraph (1) shall develop a national microelectronics 
     research and development plan to guide and coordinate funding 
     for breakthroughs in next-generation microelectronics 
     research and technology, strengthen the domestic 
     microelectronics workforce, and encourage collaboration 
     between government, industry, and academia.
       (B) Updates.--Not less frequently than once each year, the 
     subcommittee established under paragraph (1) shall update the 
     plan developed under subparagraph (A) of this paragraph.
       (e) Industry Advisory Committee.--The President shall 
     establish a standing subcommittee of the President's Council 
     of Advisors on Science and Technology to advise the United 
     States Government on matters relating to microelectronics 
     policy.
       (f) Multilateral Export Control Plan.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of State, the Secretary of the Treasury, and the 
     Secretary of Commerce, in consultation with the Director of 
     National Intelligence, the Secretary of Homeland Security, 
     the Secretary of Defense, and the Secretary of Energy, shall 
     jointly develop and submit to Congress a plan to coordinate 
     with foreign government partners on establishing common 
     microelectronics export control and foreign direct investment 
     screening measures to align with national and multilateral 
     security priorities.
       (g) Prohibition Relating to Foreign Adversaries.--None of 
     the funds appropriated pursuant to an authorization in this 
     section may be provided to an entity--
       (1) under the foreign ownership, control, or influence of 
     the Government of the People's Republic of China or the 
     Chinese Communist Party, or other foreign adversary; or
       (2) determined to have beneficial ownership from foreign 
     individuals subject to the jurisdiction, direction, or 
     influence of foreign adversaries.
       (h) Requirements for Sourcing From Domestic 
     Microelectronics Design and Foundry Services.--
       (1) Requirements required.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall establish requirements, and a timeline for enforcement 
     of such requirements, to the extent possible, for domestic 
     sourcing for microelectronics design and foundry services by 
     programs, contractors, subcontractors, and other recipients 
     of funding from the Department of Defense.
       (2) Processes for waivers.--The requirements established 
     under paragraph (1) shall include processes to permit waivers 
     for specific contracts or transactions for domestic sourcing 
     requirements based on cost, availability, severity of 
     technical and mission requirements, emergency requirements 
     and operational needs, other legal or international treaty 
     obligations, or other factors.
       (3) Updates.--Not less frequently than once each year, the 
     Secretary shall--
       (A) update the requirements and timelines established under 
     paragraph (1) and the processes under paragraph (2); and
       (B) submit to Congress a report on the updates made under 
     subparagraph (A).
       (i) Definitions.--In this section:
       (1) Beneficial owner; beneficial ownership.--The terms 
     ``beneficial owner'' and ``beneficial ownership'' have the 
     meanings given such terms in section 847 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92).
       (2) Entity; company.--The terms ``entity'' and ``company'' 
     mean any corporation, company, limited liability company, 
     limited partnership, business trust, business association, or 
     other similar entity.
       (3) Foreign ownership, control, or influence.--The term 
     ``foreign ownership, control, or influence'' has the meaning 
     given such term in section 847 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92).
       (4) Intelligence community.--In this section, the term 
     ``intelligence community'' has the meaning given such term in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).
                                 ______
                                 
  SA 2191. Mr. CRUZ (for himself, Mr. Enzi, Mrs. Blackburn, and Mr. 
Barrasso) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MODIFICATION OF PROHIBITION ON ACQUISITION OF 
                   CERTAIN SENSITIVE MATERIALS.

       (a) Extension of Prohibition to Mined, Refined, and 
     Separated Materials.--Subsection (a)(1) of section 2533c of 
     title 10, United States Code, is amended by striking ``melted 
     or produced'' and inserting ``mined, refined, separated, 
     melted, or produced''.

[[Page S3583]]

       (b) Commercially Available Off-the-shelf Item Exception.--
     Subsection (c)(3)(A)(i) of such section is amended by 
     striking ``50 percent or more tungsten'' and inserting ``50 
     percent or more covered material''.
                                 ______
                                 
  SA 2192. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 IX, insert the following:

     SEC. ___. OFFICE OF NET ASSESSMENT.

       (a) Limitation on Funds Available.--The amount available 
     for programs, projects, and activities of the Office of Net 
     Assessment (ONA) in any fiscal year after fiscal year 2020 
     may not exceed $10,000,000.
       (b) Limitation on Research Contracts.--Any contract for 
     research entered into by the Office of Net Assessment after 
     the date of the enactment of this Act may only be for 
     research for purposes of the development and coordination of 
     net assessments as described in section 904 of the Carl Levin 
     and Howard P. ``Buck'' McKeon National Defense Authorization 
     Act for Fiscal Year 2015 (10 U.S.C. 113 note).
       (c) Strategy on Elimination of Waste by ONA.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary of Defense shall develop and implement a 
     comprehensive strategy to provide for the following:
       (1) Proper contract oversight mechanisms are in place at 
     the Office of Net Assessment in order to ensure that--
       (A) financial waste is kept to a minimum;
       (B) research contracts comport with the purpose of a net 
     assessment under section 113 of title 10, United States Code; 
     and
       (C) all contract documents are collected and recorded as 
     required by section 113 of title 10, United States Code, and 
     applicable regulations.
       (2) A formal cost analysis by the Secretary of Defense on 
     an annual basis of actual cost of the performance of net 
     assessments by the Office of Net Assessment.
       (d) Inspector General of the Department of Defense 
     Report.--Not later than one year after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to the Secretary of 
     Defense and the congressional defense committees a report 
     setting forth the following:
       (1) A description and assessment of the extent to which the 
     Office of Net Assessment has failed to comply with law and 
     regulations in contracting for research projects during the 
     five-year period ending on September 30, 2020.
       (2) A description and assessment of the extent to which the 
     Secretary of Defense has developed and implemented the 
     comprehensive strategy required by subsection (c).
       (3) An assessment the effectiveness of the comprehensive 
     strategy required by subsection (c) in meeting each required 
     purpose of the strategy as specified in paragraphs (1) and 
     (2) of that subsection.
       (4) An analysis of the actual cost of net assessments to 
     assess whether the determination of the Secretary on the 
     actual cost of performance of annual net assessments by the 
     Office of Net Assessment is supported by the facts, and an 
     assessment whether annual net assessments can be performed by 
     the Office at a cost less than $10,000,000.
       (5) Such recommendations as the Inspector General considers 
     appropriate to address failures or shortfalls in the 
     performance of annual net assessments by the Office of Net 
     Assessment.
       (e) Comptroller General of the United States Report.--Not 
     later than one year after the date of the enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the Secretary of Defense and the congressional 
     defense committees a report setting forth the following:
       (1) The results of a comprehensive audit, conducted for 
     purposes of the report, of the effectiveness of the 
     comprehensive strategy required by subsection (c).
       (2) The results of an analysis, conducted for purposes of 
     the report, of the actual cost of performance of annual net 
     assessments by the Office of Net Assessment.
       (3) Such recommendations as the Comptroller General 
     considers appropriate to improve the oversight of the Office 
     of Net Assessment by the Department of Defense, and to ensure 
     compliance by the Office with applicable law and regulations 
     on contracting.
                                 ______
                                 
  SA 2193. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. 894. CLARIFICATION OF PROHIBITION ON CONTRACTING WITH 
                   ENTITIES THAT USE CERTAIN TELECOMMUNICATIONS 
                   AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

       Section 889 of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (41 U.S.C. 3901 note 
     prec.; Public Law 115-232) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Definition.--For purposes of this subsection:
       ``(A) In fulfillment of the contract.--Equipment, systems, 
     or services are used `in fulfillment of the contract' if the 
     contract requires--
       ``(i) their use; or
       ``(ii) to a significant extent, their use in the 
     performance of a service or the furnishing of a product.
       ``(B) System.--The term `system' means a system used in 
     fulfillment of the contract.
       ``(C) Use.--The term `use' means use that is in fulfillment 
     of the contract.'';
       (2) in subsection (c), by striking ``two years'' and 
     inserting ``three years''; and
       (3) in subsection (d)(1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by inserting after ``The waiver may be provided'' the 
     following: ``as a class waiver''; and
       (ii) by striking ``two'' and inserting ``four''; and
       (B) in subparagraph (A), by striking ``; and'' and 
     inserting the following: ``, and a justification for the 
     possible risk to the executive agency's desired security 
     capabilities that uses the Risk Management Framework in the 
     National Institute of Standards and Technology Special 
     Publication 800-37, Revision 2, titled `Risk Management 
     Framework for Information Systems and Organizations: A System 
     Life Cycle Approach for Security and Privacy', published in 
     December 2018; or''.
                                 ______
                                 
  SA 2194. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                TITLE XLVIII--AMENDMENTS TO THE SOAR ACT

     SEC. 4801. AMENDMENTS TO THE SOAR ACT.

       The Scholarships for Opportunity and Results Act (division 
     C of Public Law 112-10) is amended--
       (1) in section 3004(a)(2) (sec. 38-1853.04(a)(2) D.C. 
     Official Code), by inserting ``, and may renew such grants 
     for an additional period of not more than 5 years, without a 
     competitive process, when appropriate and desirable to 
     maintain continuity in the program'' after ``5 years'';
       (2) in section 3005(b)(1)(C) (sec. 38-1853.05(b)(1)(C) D.C. 
     Official Code), by inserting ``if such a process will not 
     interfere with the school's regular admission standards or 
     procedures'';
       (3) in section 3007 (sec. 38-1853.07 D.C. Official Code)--
       (A) in subsection (a)--
       (i) in paragraph (3)(B)(i)(I), by striking ``kindergarten'' 
     and inserting ``prekindergarten''; and
       (ii) in paragraph (5)--

       (I) in subparagraph (A)--

       (aa) in clause (i), by striking subclause (I) and inserting 
     the following:

       ``(I) is fully accredited by an accrediting body with 
     jurisdiction in the District of Columbia or that is 
     recognized by the Student and Visitor Exchange English 
     Language Program administered by U.S. Immigration and Customs 
     Enforcement; or''; and

       (bb) in clause (i)(II)(bb), by striking ``5 years'' and 
     inserting ``6 years''; and
       (cc) by striking clause (ii) and inserting the following:
       ``(ii) in the case of a school that is not a participating 
     school as of the date of enactment of the SOAR 
     Reauthorization Act, the school will be fully accredited by 
     such an accrediting body not later than 5 years after the 
     date on which that school began the process of pursuing 
     participation under this division.''; and

       (II) in subparagraph (B), by striking ``5 years'' and 
     inserting ``6 years'';

       (B) by striking subsection (c) and redesignating subsection 
     (d) as subsection (c);
       (C) 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 paragraph (1), 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 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

[[Page S3584]]

       (D) in subsection (c), as redesignated by subparagraph 
     (B)--
       (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)'';
       (4) in section 3008(h) (sec. 38-1853.08(h) 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) Administration of tests.--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'';
       (5) in section 3009(a) (sec. 38-1853.09(a) D.C. Official 
     Code)--
       (A) in paragraph (1)(A), by striking ``annually'' and 
     inserting ``regularly'';
       (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 progress 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)--

       (I) 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''; 
     and
       (II) by inserting ``, which may include students'' after 
     ``students with similar backgrounds'';

       (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'';
       (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 attended by public school students described 
     in subparagraph (A), to the extent practicable.''; and
       (iv) in subparagraph (G), by striking ``achievement'' and 
     inserting ``progress''; and
       (6) in section 3010 (sec. 38-1853.10 D.C. Official Code)--
       (A) in subsection (b)(1)--
       (i) by striking subparagraph (A); and
       (ii) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively; and
       (B) subsection (c)(1) --
       (i) in subparagraph (A), by striking ``, and the aggregate 
     academic achievement of the student's peers at the student's 
     school in the same grade or level, as appropriate''; and
       (ii) in subparagraph (B), by inserting ``, as appropriate'' 
     after ``expulsions''.
                                 ______
                                 
  SA 2195. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. SUBPOENA AUTHORITY.

       (a) In General.--Section 2209 of the Homeland Security Act 
     of 2002 (6 U.S.C. 659) is amended--
       (1) in subsection (a)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) by redesignating paragraph (6) as paragraph (7); and
       (C) by inserting after paragraph (5) the following:
       ``(6) the term `security vulnerability' has the meaning 
     given that term in section 102(17) of the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1501(17)); and'';
       (2) in subsection (c)--
       (A) in paragraph (10), by striking ``and'' at the end;
       (B) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(12) detecting, identifying, and receiving information 
     about security vulnerabilities relating to critical 
     infrastructure in the information systems and devices for a 
     cybersecurity purpose, as defined in section 102 of the 
     Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
     1501).''; and
       (3) by adding at the end the following:
       ``(o) Subpoena Authority.--
       ``(1) Definition.--In this subsection, the term `covered 
     device or system'--
       ``(A) means a device or system commonly used to perform 
     industrial, commercial, scientific, or governmental functions 
     or processes that relate to critical infrastructure, 
     including operational and industrial control systems, 
     distributed control systems, and programmable logic 
     controllers; and
       ``(B) does not include personal devices and systems, such 
     as consumer mobile devices, home computers, residential 
     wireless routers, or residential internet enabled consumer 
     devices.
       ``(2) Authority.--
       ``(A) In general.--If the Director identifies a system 
     connected to the internet with a specific security 
     vulnerability and has reason to believe that the security 
     vulnerability relates to critical infrastructure and affects 
     a covered device or system, and the Director is unable to 
     identify the entity at risk that owns or operates the covered 
     device or system, the Director may issue a subpoena for the 
     production of information necessary to identify and notify 
     the entity at risk, in order to carry out a function 
     authorized under subsection (c)(12).
       ``(B) Limit on information.--A subpoena issued under the 
     authority under subparagraph (A) may seek information--
       ``(i) only in the categories set forth in subparagraphs 
     (A), (B), (D), and (E) of section 2703(c)(2) of title 18, 
     United States Code; and
       ``(ii) for not more than 20 covered devices or systems.
       ``(C) Liability protections for disclosing providers.--The 
     provisions of section 2703(e) of title 18, United States 
     Code, shall apply to any subpoena issued under the authority 
     under subparagraph (A).
       ``(3) Coordination.--
       ``(A) In general.--If the Director decides to exercise the 
     subpoena authority under this subsection, and in the interest 
     of avoiding interference with ongoing law enforcement 
     investigations, the Director shall coordinate the issuance of 
     any such subpoena with the Department of Justice, including 
     the Federal Bureau of Investigation, pursuant to inter-agency 
     procedures which the Director, in coordination with the 
     Attorney General, shall develop not later than 60 days after 
     the date of enactment of this subsection.
       ``(B) Contents.--The inter-agency procedures developed 
     under this paragraph shall provide that a subpoena issued by 
     the Director under this subsection shall be--
       ``(i) issued in order to carry out a function described in 
     subsection (c)(12); and
       ``(ii) subject to the limitations under this subsection.
       ``(4) Noncompliance.--If any person, partnership, 
     corporation, association, or entity fails to comply with any 
     duly served subpoena issued under this subsection, the 
     Director may request that the Attorney General seek 
     enforcement of the subpoena in any judicial district in which 
     such person, partnership, corporation, association, or entity 
     resides, is found, or transacts business.
       ``(5) Notice.--Not later than 7 days after the date on 
     which the Director receives information obtained through a 
     subpoena issued under this subsection, the Director shall 
     notify any entity identified by information obtained under 
     the subpoena regarding the subpoena and the identified 
     vulnerability.
       ``(6) Authentication.--
       ``(A) In general.--Any subpoena issued by the Director 
     under this subsection shall be authenticated with a 
     cryptographic digital signature of an authorized 
     representative of the Agency, or other comparable successor 
     technology, that allows the Agency to demonstrate that the 
     subpoena was issued by the Agency and has not been altered or 
     modified since it was issued by the Agency.
       ``(B) Invalid if not authenticated.--Any subpoena issued by 
     the Director under this subsection that is not authenticated 
     in accordance with subparagraph (A) shall not be considered 
     to be valid by the recipient of the subpoena.
       ``(7) Procedures.--Not later than 90 days after the date of 
     enactment of this subsection, the Director shall establish 
     internal

[[Page S3585]]

     procedures and associated training, applicable to employees 
     and operations of the Agency, regarding subpoenas issued 
     under this subsection, which shall address--
       ``(A) the protection of and restriction on dissemination of 
     nonpublic information obtained through a subpoena issued 
     under this subsection, including a requirement that the 
     Agency shall not disseminate nonpublic information obtained 
     through a subpoena issued under this subsection that 
     identifies the party that is subject to the subpoena or the 
     entity at risk identified by information obtained, except 
     that the Agency may share the nonpublic information of the 
     entity at risk with another the Department of Justice for the 
     purpose of enforcing the subpoena in accordance with 
     paragraph (4) or with a Federal agency if--
       ``(i) the Agency identifies or is notified of a 
     cybersecurity incident involving the entity, which relates to 
     the vulnerability which led to the issuance of the subpoena;
       ``(ii) the Director determines that sharing the nonpublic 
     information with another Federal agency is necessary to allow 
     that Federal agency to take a law enforcement or national 
     security action, subject to the interagency procedures under 
     paragraph (3)(A), or actions related to mitigating or 
     otherwise resolving such incident;
       ``(iii) the entity to which the information pertains is 
     notified of the Director's determination, to the extent 
     practicable consistent with national security or law 
     enforcement interests, subject to the interagency procedures 
     under paragraph (3)(A); and
       ``(iv) the entity consents, except that the entity's 
     consent shall not be required if another Federal agency 
     identifies the entity to the Agency in connection with a 
     suspected cybersecurity incident;
       ``(B) the restriction on the use of information obtained 
     through the subpoena for a cybersecurity purpose, as defined 
     in section 102 of the Cybersecurity Information Sharing Act 
     of 2015 (6 U.S.C. 1501);
       ``(C) the retention and destruction of nonpublic 
     information obtained through a subpoena issued under this 
     subsection, including--
       ``(i) destruction of information obtained through the 
     subpoena that the Director determines is unrelated to 
     critical infrastructure immediately upon providing notice to 
     the entity pursuant to paragraph (5); and
       ``(ii) destruction of any personally identifiable 
     information not later than 6 months after the date on which 
     the Director receives information obtained through the 
     subpoena, unless otherwise agreed to by the individual 
     identified by the subpoena respondent;
       ``(D) the processes for providing notice to each party that 
     is subject to the subpoena and each entity identified by 
     information obtained under a subpoena issued under this 
     subsection;
       ``(E) the processes and criteria for conducting critical 
     infrastructure security risk assessments to determine whether 
     a subpoena is necessary prior to being issued under this 
     subsection; and
       ``(F) the information to be provided to an entity at risk 
     at the time of the notice of the vulnerability, which shall 
     include--
       ``(i) a discussion or statement that responding to, or 
     subsequent engagement with, the Agency, is voluntary; and
       ``(ii) to the extent practicable, information regarding the 
     process through which the Director identifies security 
     vulnerabilities.
       ``(8) Limitation on procedures.--The internal procedures 
     established under paragraph (7) may not require an owner or 
     operator of critical infrastructure to take any action as a 
     result of a notice of vulnerability made pursuant to this 
     Act.
       ``(9) Review of procedures.--Not later than 1 year after 
     the date of enactment of this subsection, the Privacy Officer 
     of the Agency shall--
       ``(A) review the procedures developed by the Director under 
     paragraph (7) to ensure that--
       ``(i) the procedures are consistent with fair information 
     practices; and
       ``(ii) the operations of the Agency comply with the 
     procedures; and
       ``(B) notify the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives of the 
     results of the review.
       ``(10) Publication of information.--Not later than 120 days 
     after establishing the internal procedures under paragraph 
     (7), the Director shall publish information on the website of 
     the Agency regarding the subpoena process under this 
     subsection, including regarding--
       ``(A) the purpose for subpoenas issued under this 
     subsection;
       ``(B) the subpoena process;
       ``(C) the criteria for the critical infrastructure security 
     risk assessment conducted prior to issuing a subpoena;
       ``(D) policies and procedures on retention and sharing of 
     data obtained by subpoena;
       ``(E) guidelines on how entities contacted by the Director 
     may respond to notice of a subpoena; and
       ``(F) the procedures and policies of the Agency developed 
     under paragraph (7).
       ``(11) Annual reports.--The Director shall annually submit 
     to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives a report (which may include a 
     classified annex but with the presumption of 
     declassification) on the use of subpoenas under this 
     subsection by the Director, which shall include--
       ``(A) a discussion of--
       ``(i) the effectiveness of the use of subpoenas to mitigate 
     critical infrastructure security vulnerabilities;
       ``(ii) the critical infrastructure security risk assessment 
     process conducted for subpoenas issued under this subsection;
       ``(iii) the number of subpoenas issued under this 
     subsection by the Director during the preceding year;
       ``(iv) to the extent practicable, the number of vulnerable 
     covered devices or systems mitigated under this subsection by 
     the Agency during the preceding year; and
       ``(v) the number of entities notified by the Director under 
     this subsection, and their response, during the previous 
     year; and
       ``(B) for each subpoena issued under this subsection--
       ``(i) the source of the security vulnerability detected, 
     identified, or received by the Director;
       ``(ii) the steps taken to identify the entity at risk prior 
     to issuing the subpoena; and
       ``(iii) a description of the outcome of the subpoena, 
     including discussion on the resolution or mitigation of the 
     critical infrastructure security vulnerability.
       ``(12) Publication of the annual reports.--The Director 
     shall publish a version of the annual report required by 
     paragraph (11) on the website of the Agency, which shall, at 
     a minimum, include the findings described in clauses (iii), 
     (iv) and (v) of paragraph (11)(A).
       ``(13) Prohibition on use of information for unauthorized 
     purposes.--Any information obtained pursuant to a subpoena 
     issued under this subsection shall not be provided to any 
     other Federal agency for any purpose other than a 
     cybersecurity purpose, as defined in section 102 of the 
     Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501) 
     or for the purpose of enforcing a subpoena under paragraph 
     (4).''.
       (b) Rules of Construction.--
       (1) Prohibition on new regulatory authority.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to grant the Secretary of Homeland Security (in 
     this subsection referred to as the ``Secretary''), or another 
     Federal agency, any authority to promulgate regulations or 
     set standards relating to the cybersecurity of private sector 
     critical infrastructure that was not in effect on the day 
     before the date of enactment of this Act.
       (2) Private entities.--Nothing in this section or the 
     amendments made by this section shall be construed to require 
     any private entity--
       (A) toto request assistance from the Secretary; or
       (B) that requested such assistance from the Secretary to 
     implement any measure or recommendation suggested by the 
     Secretary.
                                 ______
                                 
  SA 2196. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONGRESSIONAL NOTIFICATION OF CHANGES TO NATIONAL 
                   RESPONSE FRAMEWORK.

        Section 504 of the Homeland Security Act of 2002 (6 U.S.C. 
     314) is amended by adding at the end the following:
       ``(c) National Response Framework Reporting.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Administrator shall 
     submit a report to Congress on all changes that have been 
     made to any part of the National Response Framework, 
     including any change to an Emergency Support Function Annex, 
     Support Annex, or Incident Annex, during the 5-year period 
     ending on the date of enactment of this subsection.
       ``(2) Quarterly reports.--On January 1, 2021, and on the 
     first day of each quarter thereafter, the Administrator shall 
     submit a report to the appropriate congressional committees 
     detailing all changes made to any part of the National 
     Response Framework, including any change to an Emergency 
     Support Function Annex, Support Annex, or Incident Annex 
     during the 3-month period preceding the report.''.
                                 ______
                                 
  SA 2197. Mr. RUBIO (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 H--Use of Spectrum Auction Proceeds to Support Supply Chain 
                  Innovation and Multilateral Security

     SEC. 1091. DEFINITIONS.

        In this subtitle:

[[Page S3586]]

       (1) 3GPP.--The term ``3GPP'' means the Third Generation 
     Partnership Project.
       (2) 5G network.--The term ``5G network'' means a radio 
     network as described by 3GPP Release 15 or higher.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) NTIA administrator.--The term ``NTIA Administrator'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (5) O-RAN.--The term ``O-RAN'' means the Open Radio Access 
     Network approach to standardization adopted by the O-RAN 
     Alliance, Telecom Infra Project, or 3GPP, or any similar set 
     of open standards for multi-vendor network equipment 
     interoperability.
       (6) Relevant committees of congress.--The term ``relevant 
     committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (F) the Committee on Appropriations of the Senate;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives;
       (J) the Committee on Armed Services of the House of 
     Representatives;
       (K) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (L) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 1092. COMMUNICATIONS TECHNOLOGY SECURITY FUNDS.

       (a) Use of Spectrum Auction Proceeds.--Notwithstanding 
     section 309(j)(8)(A) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(8)(A)) or any other provision of law, with 
     respect to any proceeds from the use of a competitive bidding 
     system by the Commission to grant a license, permit, or other 
     rights for the use of electromagnetic spectrum during the 5-
     year period beginning on the date of this Act that would 
     otherwise be deposited in the Treasury, the Commission shall 
     deposit--
       (1) 5 percent of the proceeds or $750,000,000, whichever is 
     greater, in the Public Wireless Supply Chain Innovation Fund 
     established under subsection (b) of this section; and
       (2) $500,000,000 in the Multilateral Telecommunications 
     Security Fund established under subsection (c) of this 
     section.
       (b) Public Wireless Supply Chain Innovation Fund.--
       (1) Establishment.--
       (A) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Public 
     Wireless Supply Chain Innovation Fund'' (referred to in this 
     subsection as the ``R&D Fund'').
       (B) Availability.--
       (i) In general.--Amounts deposited in the R&D Fund shall 
     remain available through the end of the tenth fiscal year 
     beginning after the date of enactment of this Act.
       (ii) Remainder to treasury.--Any amounts remaining in the 
     R&D Fund after the end of the tenth fiscal year beginning 
     after the date of enactment of this Act shall be deposited in 
     the general fund of the Treasury.
       (2) Borrowing authority.--
       (A) In general.--The NTIA Administrator may borrow from the 
     Treasury of the United States an amount not to exceed 
     $750,000,000 to use for grants under this subsection.
       (B) Deposit of funds.--Any amounts borrowed under 
     subparagraph (A) shall be deposited in the R&D Fund.
       (3) Use of fund.--
       (A) Grants.--
       (i) In general.--Except as provided in subparagraph (B), 
     amounts deposited in the R&D Fund shall be available to the 
     NTIA Administrator to make grants under this subsection in 
     such amounts as the NTIA Administrator determines 
     appropriate, subject to clause (ii) of this subparagraph.
       (ii) Limitation on grant amounts.--The amount of a grant 
     awarded under this subsection to a recipient for a specific 
     research focus area may not exceed $100,000,000.
       (B) Reimbursement of treasury.--As proceeds are deposited 
     in the R&D Fund under subsection (a)(1), the Commission shall 
     first use those proceeds to reimburse the general fund of the 
     Treasury for any amounts borrowed under paragraph (2)(A) of 
     this subsection.
       (4) Administration of fund.--The NTIA Administrator, in 
     consultation with the Commission, the Director of the 
     National Institute of Standards and Technology, the Secretary 
     of Homeland Security, the Director of the Defense Advanced 
     Research Projects Agency (commonly known as ``DARPA''), and 
     the Director of the Intelligence Advanced Research Projects 
     Activity of the Office of the Director of National 
     Intelligence, shall establish criteria for grants awarded 
     under this subsection, and administer the R&D Fund, to 
     support research and the commercial application of that 
     research, including in the following areas:
       (A) Promoting the development of technology, including 
     software, hardware, and microprocessing technology, that will 
     enhance competitiveness in the fifth-generation (commonly 
     known as ``5G'') and successor wireless technology supply 
     chains.
       (B) Accelerating development and deployment of open 
     interface standards-based compatible, interoperable 
     equipment, such as equipment developed pursuant to the 
     standards set forth by organizations such as the O-RAN 
     Alliance, the Telecom Infra Project, 3GPP, the O-RAN Software 
     Community, or any successor organizations.
       (C) Promoting compatibility of new 5G equipment with future 
     open standards-based, interoperable equipment.
       (D) Managing integration of multi-vendor network 
     environments.
       (E) Objective criteria to define equipment as compliant 
     with open standards for multi-vendor network equipment 
     interoperability.
       (F) Promoting development and inclusion of security 
     features enhancing the integrity and availability of 
     equipment in multi-vendor networks.
       (G) Promoting the application of network function 
     virtualization to facilitate multi-vendor interoperability 
     and a more diverse vendor market.
       (5) Timing.--Not later than 1 year after the date of 
     enactment of this Act, the NTIA Administrator shall begin 
     awarding grants under this subsection.
       (6) Federal advisory body.--
       (A) Establishment.--The NTIA Administrator shall establish 
     a Federal advisory committee, in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.), composed of 
     government and private sector experts, to advise the NTIA 
     Administrator on the administration of the R&D Fund.
       (B) Composition.--The advisory committee established under 
     subparagraph (A) shall be composed of--
       (i) representatives from--

       (I) the Commission;
       (II) the Defense Advanced Research Projects Administration;
       (III) the Intelligence Advanced Research Projects Activity 
     of the Office of the Director of National Intelligence;
       (IV) the National Institute of Standards and Technology;
       (V) the Department of State;
       (VI) the National Science Foundation; and
       (VII) the Department of Homeland Security; and

       (ii) other representatives from the private and public 
     sectors, at the discretion of the NTIA Administrator.
       (C) Duties.--The advisory committee established under 
     subparagraph (A) shall advise the NTIA Administrator on 
     technology developments to help inform--
       (i) the strategic direction of the R&D Fund; and
       (ii) efforts of the Federal Government to promote a more 
     secure, diverse, sustainable, and competitive supply chain.
       (7) Reports to congress.--
       (A) Initial report.--Not later than 180 days after the date 
     of enactment of this Act, the NTIA Administrator shall submit 
     to the relevant committees of Congress a report with--
       (i) additional recommendations on promoting the 
     competitiveness and sustainability of trusted suppliers in 
     the wireless supply chain; and
       (ii) any additional authorities needed to facilitate the 
     timely adoption of open standards-based equipment, including 
     authority to provide loans, loan guarantees, and other forms 
     of credit extension that would maximize the use of designated 
     funds.
       (B) Annual report.--For each fiscal year for which amounts 
     in the R&D Fund are available under this subsection, the NTIA 
     Administrator shall submit to Congress a report that--
       (i) describes how, and to whom, amounts in the R&D Fund 
     have been deployed;
       (ii) details the progress of the NTIA Administrator in 
     meeting the objectives described in paragraph (4); and
       (iii) includes any additional information that the NTIA 
     Administrator determines appropriate.
       (c) Multilateral Telecommunications Security Fund.--
       (1) Establishment of fund.--
       (A) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the 
     ``Multilateral Telecommunications Security Fund''.
       (B) Use of fund.--Amounts deposited in the Multilateral 
     Telecommunications Security Fund shall be available to the 
     Secretary of State to make expenditures under this subsection 
     in such amounts as the Secretary of State determines 
     appropriate.
       (C) Availability.--
       (i) In general.--Amounts deposited in the Multilateral 
     Telecommunications Security Fund--

       (I) shall remain available through the end of the tenth 
     fiscal year beginning after the date of enactment of this 
     Act; and
       (II) may only be allocated upon the Secretary of State 
     reaching an agreement with foreign government partners to 
     participate in the common funding mechanism described in 
     paragraph (2).

       (ii) Remainder to treasury.--Any amounts remaining in the 
     Multilateral Telecommunications Security Fund after the end 
     of the tenth fiscal year beginning after the date of 
     enactment of this Act shall be deposited in the general fund 
     of the Treasury.
       (2) Administration of fund.--The Secretary of State, in 
     consultation with the NTIA Administrator, the Secretary of 
     Homeland Security, the Secretary of the Treasury, the 
     Director of National Intelligence, and

[[Page S3587]]

     the Commission, shall establish a common funding mechanism, 
     in coordination with foreign partners, that uses amounts from 
     the Multilateral Telecommunications Security Fund to support 
     the development and adoption of secure and trusted 
     telecommunications technologies.
       (3) Annual report to congress.--Not later than 1 year after 
     the date of enactment of this Act, and annually thereafter 
     for each fiscal year during which amounts in the Multilateral 
     Telecommunications Security Fund are available, the Secretary 
     of State shall submit to the relevant committees of Congress 
     a report on the status and progress of the funding mechanism 
     established under paragraph (2), including--
       (A) any funding commitments from foreign partners, 
     including each specific amount committed;
       (B) governing criteria for use of the Multilateral 
     Telecommunications Security Fund;
       (C) an account of--
       (i) how, and to whom, funds have been deployed;
       (ii) amounts remaining in the Multilateral 
     Telecommunications Security Fund; and
       (iii) the progress of the Secretary of State in meeting the 
     objective described in paragraph (2); and
       (D) additional authorities needed to enhance the 
     effectiveness of the Multilateral Telecommunications Security 
     Fund in achieving the security goals of the United States.

     SEC. 1093. PROMOTING UNITED STATES LEADERSHIP IN 
                   INTERNATIONAL ORGANIZATIONS AND COMMUNICATIONS 
                   STANDARDS-SETTING BODIES.

       (a) In General.--The Secretary of State, the Secretary of 
     Commerce, and the Chairman of the Commission, or their 
     designees, shall prioritize the use of Federal funds to 
     enhance representation of the United States at international 
     forums that set standards for 5G networks and for future 
     generations of wireless communications networks, including--
       (1) the International Telecommunication Union (commonly 
     known as ``ITU'');
       (2) the International Organization for Standardization 
     (commonly known as ``ISO'');
       (3) the Inter-American Telecommunications Commission 
     (commonly known as ``CITEL''); and
       (4) the voluntary standards organizations that develop 
     protocols for wireless devices and other equipment, such as 
     the 3GPP and the Institute of Electrical and Electronics 
     Engineers (commonly known as ``IEEE'').
       (b) Annual Report.--The Secretary of State, the Secretary 
     of Commerce, and the Chairman of the Commission shall jointly 
     submit to the relevant committees of Congress an annual 
     report on the progress made under subsection (a).
                                 ______
                                 
  SA 2198. Mr. CRAPO (for himself, Mr. Brown, Mr. Cotton, Mr. Warner, 
Mr. Rounds, Mr. Jones, Mr. Moran, Mr. Menendez, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

                   DIVISION E--ANTI-MONEY LAUNDERING

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Anti-Money Laundering 
     Act of 2020''.

     SEC. 5002. PURPOSES.

       The purposes of this division are--
       (1) to improve coordination among the agencies tasked with 
     administering anti-money laundering and countering the 
     financing of terrorism requirements, the agencies that 
     examine financial institutions for compliance with those 
     requirements, Federal law enforcement agencies, the 
     intelligence community, and financial institutions;
       (2) to modernize anti-money laundering and countering the 
     financing of terrorism laws to adapt the government and 
     private sector response to new and emerging threats;
       (3) to encourage technological innovation and the adoption 
     of new technology by financial institutions to more 
     effectively counter money laundering and the financing of 
     terrorism;
       (4) to reinforce that the anti-money laundering and 
     countering the financing of terrorism policies, procedures, 
     and controls of financial institutions shall be risk based;
       (5) to establish uniform beneficial ownership information 
     reporting requirements to--
       (A) improve transparency for national security, 
     intelligence, and law enforcement agencies concerning 
     corporate structures and insight into the flow of illicit 
     funds through those structures;
       (B) discourage the use of shell corporations as a tool to 
     disguise illicit funds;
       (C) assist national security, intelligence, and law 
     enforcement agencies with the pursuit of crimes; and
       (D) protect the national security of the United States; and
       (6) to establish a secure, nonpublic database at FinCEN for 
     beneficial ownership information.

     SEC. 5003. DEFINITIONS.

       In this division:
       (1) Bank secrecy act.--The term ``Bank Secrecy Act'' 
     means--
       (A) section 21 of the Federal Deposit Insurance Act (12 
     U.S.C. 1829b);
       (B) chapter 2 of title I of Public Law 91-508 (12 U.S.C. 
     1951 et seq.); and
       (C) subchapter II of chapter 53 of title 31, United States 
     Code.
       (2) Electronic fund transfer.--The term ``electronic fund 
     transfer'' has the meaning given the term in section 903 of 
     the Electronic Fund Transfer Act (15 U.S.C. 1693a).
       (3) Federal functional regulator.--The term ``Federal 
     functional regulator''--
       (A) has the meaning given the term in section 509 of the 
     Gramm-Leach-Bliley Act (15 U.S.C. 6809); and
       (B) includes any Federal regulator that examines a 
     financial institution for compliance with the Bank Secrecy 
     Act.
       (4) Financial agency.--The term ``financial agency'' has 
     the meaning given the term in section 5312(a) of title 31, 
     United States Code, as amended by section 5102 of this 
     division.
       (5) Financial institution.--The term ``financial 
     institution''--
       (A) has the meaning given the term in section 5312 of title 
     31, United States Code; and
       (B) includes--
       (i) an electronic fund transfer network;
       (ii) a clearing and settlement system;
       (iii) a Federal Reserve bank--

       (I) operating as an administrator of a clearing and 
     settlement system; and
       (II) acting as a financial agency.

       (6) FinCEN.--The term ``FinCEN'' means the Financial Crimes 
     Enforcement Network of the Department of the Treasury.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (8) State bank supervisor.--The term ``State bank 
     supervisor'' has the meaning given the term in section 3 of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813).
       (9) State credit union supervisor.--The term ``State credit 
     union supervisor'' means a State official described in 
     section 107A(e) of the Federal Credit Union Act (12 U.S.C. 
     1757a(e)).

  TITLE LI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY 
     LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS

     SEC. 5101. ESTABLISHMENT OF NATIONAL EXAM AND SUPERVISION 
                   PRIORITIES.

       (a) Declaration of Purpose.--Subchapter II of chapter 53 of 
     title 31, United States Code, is amended by striking section 
     5311 and inserting the following:

     ``Sec. 5311. Declaration of purpose

       ``It is the purpose of this subchapter (except section 
     5315) to--
       ``(1) require certain reports or records that are highly 
     useful in--
       ``(A) criminal, tax, or regulatory investigations, risk 
     assessments, or proceedings; or
       ``(B) intelligence or counterintelligence activities, 
     including analysis, to protect against terrorism;
       ``(2) prevent the laundering of money and the financing of 
     terrorism through the establishment by financial institutions 
     of reasonably designed risk-based programs to combat money 
     laundering and the financing of terrorism;
       ``(3) facilitate the tracking of money that has been 
     sourced through criminal activity or is intended to promote 
     criminal or terrorist activity;
       ``(4) assess the money laundering, terrorism finance, tax 
     evasion, and fraud risks to financial institutions, products, 
     or services to--
       ``(A) protect the financial system of the United States 
     from criminal abuse; and
       ``(B) safeguard the national security of the United States; 
     and
       ``(5) establish appropriate frameworks for information 
     sharing among financial institutions, their agents and 
     service providers, their regulatory authorities, associations 
     of financial institutions, the Department of the Treasury, 
     and law enforcement authorities to identify, stop, and 
     apprehend money launderers and those who finance 
     terrorists.''.
       (b) Anti-money Laundering Programs.--Section 5318 of title 
     31, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``subsection (b)(2)'' 
     and inserting ``subsections (b)(2) and (h)(4)''; and
       (2) in subsection (h)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A)--
       (i) by inserting ``and the financing of terrorism'' after 
     ``money laundering''; and
       (ii) by inserting ``and countering the financing of 
     terrorism'' after ``anti-money laundering'';
       (B) in paragraph (2)--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Factors.--In prescribing the minimum standards under 
     subparagraph (A), and in supervising and examining compliance 
     with those standards, the Secretary of the Treasury, and the 
     appropriate Federal functional regulator (as defined in 
     section 509 of the Gramm-Leach-Bliley Act (12 U.S.C. 6809)) 
     shall take into account the following:
       ``(i) Financial institutions are spending private 
     compliance funds for a public and private benefit, including 
     protecting the

[[Page S3588]]

     United States financial system from illicit finance risks.
       ``(ii) The extension of financial services to the 
     underbanked and remittances coming from the United States and 
     abroad in ways that simultaneously prevent criminal 
     underbanked persons from abusing formal or informal financial 
     services networks are key policy goals of the United States.
       ``(iii) Effective anti-money laundering and countering the 
     financing of terrorism programs safeguard national security 
     and generate significant public benefits by preventing the 
     flow of illicit funds in the financial system and by 
     assisting law enforcement agencies with the identification 
     and prosecution of persons attempting to launder money and 
     undertake other illicit activity through the financial 
     system.
       ``(iv) Anti-money laundering and countering the financing 
     of terrorism programs described in paragraph (1) should be--

       ``(I) reasonably designed to assure and monitor compliance 
     with the requirements of this subchapter and regulations 
     promulgated under this subchapter; and
       ``(II) risk based, including ensuring that more attention 
     and resources of financial institutions should be directed 
     toward higher risk customers and activities, consistent with 
     the risk profile of a financial institution, rather than 
     toward lower risk customers and activities.''; and

       (C) by adding at the end the following:
       ``(4) Priorities.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary of the 
     Treasury, in consultation with the Attorney General, Federal 
     functional regulators (as defined in section 509 of the 
     Gramm-Leach-Bliley Act (15 U.S.C. 6809)), relevant State 
     financial regulators, national security agencies, and the 
     Secretary of Homeland Security, shall establish and make 
     public priorities for anti-money laundering and countering 
     the financing of terrorism policy.
       ``(B) Updates.--Not less frequently than once every 4 
     years, the Secretary of the Treasury, in consultation with 
     the Attorney General, Federal functional regulators (as 
     defined in section 509 of the Gramm-Leach-Bliley Act (15 
     U.S.C. 6809)), relevant State financial regulators, national 
     security agencies, and the Secretary of Homeland Security, 
     shall update the priorities established under subparagraph 
     (A).
       ``(C) Relation to national strategy.--The Secretary of the 
     Treasury shall ensure that the priorities established under 
     subparagraph (A) are consistent with the national strategy 
     for countering the financing of terrorism and related forms 
     of illicit finance developed under section 261 of the 
     Countering Russian Influence in Europe and Eurasia Act of 
     2017 (Public Law 115-44; 131 Stat. 934).
       ``(D) Rulemaking.--Not later than 180 days after the date 
     on which the Secretary of the Treasury establishes the 
     priorities under subparagraph (A), the Secretary of the 
     Treasury, acting through the Director of the Financial Crimes 
     Enforcement Network and in consultation with the Federal 
     functional regulators (as defined in section 509 of the 
     Gramm-Leach-Bliley Act (15 U.S.C. 6809)) and relevant State 
     financial regulators, shall, as appropriate, promulgate 
     regulations to carry out this paragraph.
       ``(E) Supervision and examination.--The review by a 
     financial institution of the priorities established under 
     subparagraph (A) and the incorporation of those priorities, 
     as appropriate, into the risk-based programs established by 
     the financial institution to meet obligations under this 
     subchapter, the USA PATRIOT Act (Public Law 107-56; 115 Stat. 
     272), and other anti-money laundering and countering the 
     financing of terrorism laws and regulations shall be included 
     as a measure on which a financial institution is supervised 
     and examined for compliance with those obligations.
       ``(5) Duty.--The duty to establish, maintain and enforce an 
     anti-money laundering and countering the financing of 
     terrorism program as required by this subsection shall remain 
     the responsibility of, and be performed by, persons in the 
     United States who are accessible to, and subject to oversight 
     and supervision by, the Secretary of the Treasury and the 
     appropriate Federal functional regulator (as defined in 
     section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 
     6809)).''.
       (c) Financial Crimes Enforcement Network.--Section 
     310(b)(2) of title 31, United States Code, is amended--
       (1) by redesignating subparagraph (J) as subparagraph (O); 
     and
       (2) by inserting after subparagraph (I) the following:
       ``(J) Promulgate regulations under section 5318(h)(4)(D), 
     as appropriate, to implement the government-wide anti-money 
     laundering and countering the financing of terrorism 
     examination and supervision priorities established by the 
     Secretary of the Treasury under section 5318(h)(4)(A).
       ``(K) Communicate regularly with financial institutions and 
     Federal functional regulators that examine financial 
     institutions for compliance with subchapter II of chapter 53 
     and regulations promulgated under that subchapter and law 
     enforcement authorities to explain the United States 
     Government's anti-money laundering and countering the 
     financing of terrorism examination and supervision 
     priorities.
       ``(L) Give and receive feedback to and from financial 
     institutions, State bank supervisors, and State credit union 
     supervisors (as those terms are defined in section 5003 of 
     the Anti-Money Laundering Act of 2020) regarding the matters 
     addressed in subchapter II of chapter 53 and regulations 
     promulgated under that subchapter.
       ``(M) Maintain money laundering and terrorist financing 
     investigation financial experts capable of identifying, 
     tracking, and tracing financial crime networks and 
     identifying emerging threats to support Federal civil and 
     criminal investigations.
       ``(N) Maintain emerging technology experts to encourage the 
     development of and identify emerging technologies that can 
     assist the United States Government or financial institutions 
     in countering money laundering and the financing of 
     terrorism.''.

     SEC. 5102. STRENGTHENING FINCEN.

       (a) Findings.--Congress finds the following:
       (1) The mission of FinCEN is to safeguard the financial 
     system from illicit use, counter money laundering and the 
     financing of terrorism, and promote national security through 
     strategic use of financial authorities and the collection, 
     analysis, and dissemination of financial intelligence.
       (2) In its mission to safeguard the financial system from 
     the abuses of financial crime, including the financing of 
     terrorism, money laundering, and other illicit activity, the 
     United States should prioritize working with partners in 
     Federal, State, local, Tribal, and foreign law enforcement 
     authorities.
       (3) Although the use and trading of virtual currencies are 
     legal practices, some terrorists and criminals, including 
     international criminal organizations, seek to exploit 
     vulnerabilities in the global financial system and 
     increasingly rely on substitutes for currency, including 
     emerging payment methods (such as virtual currencies), to 
     move illicit funds.
       (4) In carrying out its mission, FinCEN should ensure that 
     its efforts fully support countering the financing of 
     terrorism efforts, including making sure that steps to 
     address emerging methods of such illicit financing are high 
     priorities.
       (b) Expanding Information Sharing With Tribal 
     Authorities.--Section 310(b)(2) of title 31, United States 
     Code, is amended--
       (1) in subparagraphs (C), (E), and (F), by inserting 
     ``Tribal,'' after ``local,'' each place that term appears; 
     and
       (2) in subparagraph (C)(vi), by striking ``international''.
       (c) Expansion of Reporting Authorities to Combat Money 
     Laundering.--Section 5318(a)(2) of title 31, United States 
     Code, is amended--
       (1) by inserting ``, including the collection and reporting 
     of certain information as the Secretary of the Treasury may 
     prescribe by regulation,'' after ``appropriate procedures''; 
     and
       (2) by inserting ``, the financing of terrorism, or other 
     forms of illicit finance'' after ``money laundering''.
       (d) Value That Substitutes for Currency.--
       (1) Definitions.--Section 5312(a) of title 31, United 
     States Code, is amended--
       (A) in paragraph (1), by striking ``, or a transaction in 
     money, credit, securities, or gold'' and inserting ``, a 
     transaction in money, credit, securities or gold, or a 
     service provided with respect to money, securities, futures, 
     precious metals, stones and jewels, or value that substitutes 
     for money'';
       (B) in paragraph (2)--
       (i) in subparagraph (J), by inserting ``, or a business 
     engaged in the exchange of currency, funds, or value that 
     substitutes for currency or funds'' before the semicolon at 
     the end; and
       (ii) in subparagraph (R), by striking ``funds,'' and 
     inserting ``currency, funds, or value that substitutes for 
     currency,''; and
       (C) in paragraph (3)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) as the Secretary shall provide by regulation, value 
     that substitutes for any monetary instrument described in 
     subparagraph (A), (B), or (C).''.
       (2) Registration of money transmitting businesses.--Section 
     5330(d) of title 31, United States Code, is amended--
       (A) in paragraph (1)(A)--
       (i) by striking ``funds,'' and inserting ``currency, funds, 
     or value that substitutes for currency,''; and
       (ii) by striking ``system;;'' and inserting ``system;''; 
     and
       (B) in paragraph (2)--
       (i) by striking ``currency or funds denominated in the 
     currency of any country'' and inserting ``currency, funds, or 
     value that substitutes for currency'';
       (ii) by striking ``currency or funds, or the value of the 
     currency or funds,'' and inserting ``currency, funds, or 
     value that substitutes for currency''; and
       (iii) by inserting ``, including'' after ``means''.

     SEC. 5103. FINCEN EXCHANGE.

       Section 310 of title 31, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (l); and
       (2) by inserting after subsection (c) the following:
       ``(d) FinCEN Exchange.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `Bank Secrecy Act' has the meaning given the 
     term in section 5003 of the Anti-Money Laundering Act of 
     2020; and

[[Page S3589]]

       ``(B) the term `financial institution' has the meaning 
     given the term in section 5312.
       ``(2) Establishment.--The FinCEN Exchange is hereby 
     established within FinCEN.
       ``(3) Purpose.--The FinCEN Exchange shall facilitate a 
     voluntary public-private information sharing partnership 
     among law enforcement agencies, financial institutions, and 
     FinCEN to--
       ``(A) effectively and efficiently combat money laundering, 
     terrorism financing, organized crime, and other financial 
     crimes, including by promoting innovation and technical 
     advances in reporting--
       ``(i) under subchapter II of chapter 53 and the regulations 
     promulgated under that subchapter; and
       ``(ii) with respect to other anti-money laundering 
     requirements;
       ``(B) protect the financial system from illicit use; and
       ``(C) promote national security.
       ``(4) Report.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, and once every 2 years 
     thereafter for the next 5 years, the Secretary of the 
     Treasury shall submit to the Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives a report 
     containing--
       ``(i) an analysis of the efforts undertaken by the FinCEN 
     Exchange, which shall include an analysis of--

       ``(I) the results of those efforts; and
       ``(II) the extent and effectiveness of those efforts, 
     including any benefits realized by law enforcement agencies 
     from partnering with financial institutions, which shall be 
     consistent with standards protecting sensitive information; 
     and

       ``(ii) any legislative, administrative, or other 
     recommendations the Secretary may have to strengthen the 
     efforts of the FinCEN Exchange.
       ``(B) Classified annex.--Each report under subparagraph (A) 
     may include a classified annex.
       ``(5) Information sharing requirement.--Information shared 
     under this subsection shall be shared--
       ``(A) in compliance with all other applicable Federal laws 
     and regulations;
       ``(B) in such a manner as to ensure the appropriate 
     confidentiality of personal information; and
       ``(C) at the discretion of the Director, with the 
     appropriate Federal functional regulator, as defined in 
     section 5003 of the Anti-Money Laundering Act of 2020.
       ``(6) Protection of shared information.--
       ``(A) Regulations.--FinCEN shall, as appropriate, 
     promulgate regulations that establish procedures for the 
     protection of information shared and exchanged by FinCEN with 
     the private sector in accordance with this section, 
     consistent with the capacity, size, and nature of the 
     financial institution to which the particular procedures 
     apply.
       ``(B) Use of information.--Information received by a 
     financial institution pursuant to this section shall not be 
     used for any purpose other than identifying and reporting on 
     activities that may involve terrorist acts, money laundering 
     activities, proliferation financing activities, or other 
     financial crimes.
       ``(7) Rule of construction.--Nothing in this subsection may 
     be construed to create new information sharing authorities 
     relating to the Bank Secrecy Act.''.

     SEC. 5104. INTERAGENCY ANTI-MONEY LAUNDERING AND COUNTERING 
                   THE FINANCING OF TERRORISM PERSONNEL ROTATION 
                   PROGRAM.

       To promote greater effectiveness and efficiency in 
     combating money laundering, terrorism financing, organized 
     crime, and other financial crimes, the Secretary shall 
     maintain and accelerate efforts to strengthen anti-money 
     laundering and countering the financing of terrorism efforts 
     through a personnel rotation program among the Federal 
     functional regulators, the Department of Justice, the Federal 
     Bureau of Investigation, the Department of Homeland Security, 
     the Department of Defense, and such other agencies as the 
     Secretary determines are appropriate.

     SEC. 5105. TERRORISM AND FINANCIAL INTELLIGENCE SPECIAL 
                   HIRING AUTHORITY.

       (a) FinCEN.--Section 310 of title 31, United States Code, 
     as amended by section 5103 of this division, is amended by 
     inserting after subsection (d) the following:
       ``(e) Special Hiring Authority.--
       ``(1) In general.--The Secretary of the Treasury may 
     appoint, without regard to the provisions of sections 3309 
     through 3318 of title 5, candidates directly to positions in 
     the competitive service, as defined in section 2102 of that 
     title, in FinCEN.
       ``(2) Primary responsibilities.--The primary responsibility 
     of candidates appointed under paragraph (1) shall be to 
     provide substantive support in support of the duties 
     described in subparagraphs (A) through (O) of subsection 
     (b)(2).''.
       (b) Office of Terrorism and Financial Intelligence.--
     Section 312 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(g) Special Hiring Authority.--
       ``(1) In general.--The Secretary of the Treasury may 
     appoint, without regard to the provisions of sections 3309 
     through 3318 of title 5, candidates directly to positions in 
     the competitive service (as defined in section 2102 of that 
     title) in the OTFI.
       ``(2) Primary responsibilities.--The primary responsibility 
     of candidates appointed under paragraph (1) shall be to 
     provide substantive support in support of the duties 
     described in subparagraphs (A) through (G) of subsection 
     (a)(4).
       ``(h) Deployment of Staff.--The Secretary of the Treasury 
     may detail, without regard to the provisions of section 
     300.301 of title 5, Code of Federal Regulations, any employee 
     in the OTFI to any position in the OTFI for which the 
     Secretary has determined there is a need.''.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter for 5 
     years, the Secretary shall submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report that includes the number of new 
     employees hired during the previous year under the 
     authorities described in sections 310 and 312 of title 31, 
     United States Code, along with position titles and associated 
     pay grades for such hires.

     SEC. 5106. TREASURY ATTACHE PROGRAM.

       (a) In General.--Subchapter I of chapter 3 of title 31, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 316. Treasury Attache Program

       ``(a) In General.--There is established the Treasury 
     Financial Attache Program, under which the Secretary of the 
     Treasury shall appoint employees of the Department of the 
     Treasury as a Treasury Financial Attache, who shall--
       ``(1) further the work of the Department of the Treasury in 
     developing and executing the financial and economic policy of 
     the United States Government and the international fight 
     against terrorism, money laundering, and other illicit 
     finance;
       ``(2) be co-located in a United States Embassy, a similar 
     United States Government facility, or a foreign government 
     facility, as the Secretary determines is appropriate;
       ``(3) establish and maintain relationships with foreign 
     counterparts, including employees of ministries of finance, 
     central banks, international financial institutions, and 
     other relevant official entities;
       ``(4) conduct outreach to local and foreign financial 
     institutions and other commercial actors;
       ``(5) as appropriate, coordinate with representatives of 
     the Department of Justice at United States Embassies who 
     perform similar functions on behalf of the United States 
     Government; and
       ``(6) perform such other actions as the Secretary 
     determines are appropriate.
       ``(b) Number of Attaches.--
       ``(1) In general.--The number of Treasury Financial 
     Attaches appointed under this section at any one time shall 
     be not fewer than 6 more employees than the number of 
     employees of the Department of the Treasury serving as 
     Treasury attaches on the date of enactment of this section.
       ``(2) Additional posts.--The Secretary of the Treasury may 
     establish additional posts subject to the availability of 
     appropriations.
       ``(c) Compensation.--
       ``(1) In general.--Each Treasury Financial Attache 
     appointed under this section and located at a United States 
     Embassy shall receive compensation, including allowances, at 
     the higher of--
       ``(A) the rate of compensation, including allowances, 
     provided to a Foreign Service officer serving at the same 
     embassy; and
       ``(B) the rate of compensation, including allowances, the 
     Treasury attache would otherwise have received, absent the 
     application of this subsection.
       ``(2) Phase in.--The compensation described in paragraph 
     (1) shall be phased in over 2 years.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     3 of title 31, United States Code, is amended by inserting 
     after the item relating to section 315 the following:

       ``316. Treasury Attache Program.''.
  


     SEC. 5107. ESTABLISHMENT OF FINCEN DOMESTIC LIAISONS.

       Section 310 of title 31, United States Code, as amended by 
     sections 5103 and 5105 of this division, is amended by 
     inserting after subsection (e) the following:
       ``(f) FinCEN Domestic Liaisons.--
       ``(1) Establishment of office.--There is established in 
     FinCEN an Office of Domestic Liaison, which shall be headed 
     by the Chief Domestic Liaison.
       ``(2) Location.--The Office of the Domestic Liaison shall 
     be located in the District of Columbia.
       ``(g) Chief Domestic Liaison.--
       ``(1) In general.--The Chief Domestic Liaison, shall--
       ``(A) report directly to the Director; and
       ``(B) be appointed by the Director, from among individuals 
     with experience or familiarity with anti-money laundering 
     program examinations, supervision, and enforcement.
       ``(2) Compensation.--The annual rate of pay for the Chief 
     Domestic Liaison shall be equal to the highest rate of annual 
     pay for other senior executives who report to the Director.
       ``(3) Staff of office.--The Chief Domestic Liaison, with 
     the concurrence of the Director, may retain or employ 
     counsel, research staff, and service staff, as the Liaison 
     determines necessary to carry out the functions, powers, and 
     duties under this subsection.
       ``(4) Domestic liaisons.--The Chief Domestic Liaison, with 
     the concurrence of the Director, shall appoint not fewer than 
     6 senior

[[Page S3590]]

     FinCEN employees as FinCEN Domestic Liaisons, who shall--
       ``(A) report to the Chief Domestic Liaison;
       ``(B) each be assigned to focus on a specific region of the 
     United States; and
       ``(C) be located at an office in such region or co-located 
     at an office of the Board of Governors of the Federal Reserve 
     System in such region.
       ``(5) Functions of the domestic liaisons.--
       ``(A) In general.--Each Domestic Liaison shall--
       ``(i) in coordination with relevant Federal functional 
     regulators, perform outreach to BSA officers at financial 
     institutions, including nonbank financial institutions, and 
     persons that are not financial institutions, especially with 
     respect to actions taken by FinCEN that require specific 
     actions by, or have specific effects on, such institutions or 
     persons, as determined by the Director;
       ``(ii) in accordance with applicable agreements, receive 
     feedback from financial institutions and examiners of Federal 
     functional regulators regarding their examinations under the 
     Bank Secrecy Act and communicate that feedback to FinCEN, the 
     Federal functional regulators, and State bank supervisors;
       ``(iii) promote coordination and consistency of supervisory 
     guidance from FinCEN, the Federal functional regulators, 
     State bank supervisors, and State credit union supervisors 
     regarding the Bank Secrecy Act;
       ``(iv) act as a liaison between financial institutions and 
     their Federal functional regulators, State bank supervisors, 
     and State credit union supervisors with respect to 
     information sharing matters involving the Bank Secrecy Act 
     and regulations promulgated thereunder;
       ``(v) establish safeguards to maintain the confidentiality 
     of communications between the persons described in clause 
     (ii) and the Office of Domestic Liaison;
       ``(vi) to the extent practicable, periodically propose to 
     the Director changes in the regulations, guidance, or orders 
     of FinCEN, including any legislative or administrative 
     changes that may be appropriate to ensure improved 
     coordination and expand information sharing under this 
     paragraph.
       ``(B) Rule of construction.--Nothing in this paragraph may 
     be construed to permit the Domestic Liaisons to have 
     authority over supervision, examination, or enforcement 
     processes.
       ``(6) Access to documents.--FinCEN, to the extent 
     practicable and consistent with appropriate safeguards for 
     sensitive enforcement-related, pre-decisional, or 
     deliberative information, shall ensure that the Domestic 
     Liaisons have full access to the documents of FinCEN, as 
     necessary to carry out the functions of the Office of 
     Domestic Liaison.
       ``(7) Annual reports.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection and every 2 years thereafter for 
     5 years, the Director shall submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report on the objectives of the Office of 
     Domestic Liaison for the following fiscal year and the 
     activities of the Office during the immediately preceding 
     fiscal year.
       ``(B) Contents.--Each report required under subparagraph 
     (A) shall include--
       ``(i) appropriate statistical information and full and 
     substantive analysis;
       ``(ii) information on steps that the Office of Domestic 
     Liaison has taken during the reporting period to address 
     feedback received by financial institutions and examiners of 
     Federal functional regulators relating to examinations under 
     the Bank Secrecy Act;
       ``(iii) recommendations to the Director for such 
     administrative and legislative actions as may be appropriate 
     to address information sharing and coordination issues 
     encountered by financial institutions or examiners of Federal 
     functional regulators; and
       ``(iv) any other information, as determined appropriate by 
     the Director.
       ``(C) Sensitive information.--Notwithstanding subparagraph 
     (D), FinCEN shall review each report required under 
     subparagraph (A) before the report is submitted to ensure the 
     report does not disclose sensitive information.
       ``(D) Independence.--
       ``(i) In general.--Each report required under subparagraph 
     (A) shall be provided directly to the committees listed in 
     that subparagraph, except that a Federal functional 
     regulator, a State bank supervisor, the Office of Management 
     and Budget, and a State credit union supervisor shall have 
     the opportunity for review or comment before the submission 
     of the report.
       ``(ii) Rule of construction.--Nothing in clause (i) may be 
     construed to preclude FinCEN or any other department or 
     agency from reviewing a report required under subparagraph 
     (A) for the sole purpose of protecting--

       ``(I) sensitive information obtained by a law enforcement 
     agency; and
       ``(II) classified information.

       ``(E) Classified information.--No report required under 
     subparagraph (A) may contain classified information.
       ``(8) Definitions.--In this subsection:
       ``(A) Bank secrecy act.--The term `Bank Secrecy Act' has 
     the meaning given the term in section 5003 of the Anti-Money 
     Laundering Act of 2020.
       ``(B) BSA officer.--The term `BSA officer' means an 
     employee of a financial institution whose primary job 
     responsibility involves compliance with subchapter II of 
     chapter 53.
       ``(C) Federal functional regulator.--The term `Federal 
     functional regulator' has the meaning given the term in 
     section 5003 of the Anti-Money Laundering Act of 2020.
       ``(D) Financial institution.--The term `financial 
     institution' has the meaning given that term under section 
     5312.
       ``(E) State bank supervisor; state credit union 
     supervisor.--The terms `State bank supervisor' and `State 
     credit union supervisor' have the meanings given the terms in 
     section 5003 of the Anti-Money Laundering Act of 2020.''.

     SEC. 5108. FOREIGN FINANCIAL INTELLIGENCE UNIT LIAISONS.

       Section 310 of title 31, United States Code, as amended by 
     sections 5103, 5105, and 5107 of this division, is amended by 
     inserting after subsection (g) the following:
       ``(h) FinCEN Foreign Financial Intelligence Unit 
     Liaisons.--
       ``(1) In general.--The Director of FinCEN shall appoint not 
     more than 6 Foreign Financial Intelligence Unit Liaisons, who 
     shall--
       ``(A) be knowledgeable about domestic and international 
     anti-money laundering or countering the financing of 
     terrorism laws and regulations;
       ``(B) possess a technical understanding of the Bank Secrecy 
     Act (as defined in section 5003 of the Anti-Money Laundering 
     Act of 2020), the protocols of the Egmont Group of Financial 
     Intelligence Units, and the Financial Action Task Force and 
     the recommendations issued by that Task Force;
       ``(C) be co-located in a United States embassy, a similar 
     United States Government facility, or a foreign government 
     facility, as appropriate;
       ``(D) facilitate capacity building and perform outreach 
     with respect to anti-money laundering and countering the 
     financing of terrorism regulatory and analytical frameworks;
       ``(E) establish and maintain relationships with officials 
     from foreign intelligence units, regulatory authorities, 
     ministries of finance, central banks, law enforcement 
     agencies, and other competent authorities;
       ``(F) participate in industry outreach engagements with 
     foreign financial institutions and other commercial actors on 
     anti-money laundering and countering the financing of 
     terrorism issues;
       ``(G) as appropriate, coordinate with representatives of 
     the Department of Justice at United States Embassies who 
     perform similar functions on behalf of the United States 
     Government; and
       ``(H) perform such other duties as the Director determines 
     to be appropriate.
       ``(2) Compensation.--Each Foreign Financial Intelligence 
     Unit Liaison appointed under paragraph (1) shall receive 
     compensation at the higher of--
       ``(A) the rate of compensation paid to a Foreign Service 
     officer at a comparable career level serving at the same 
     embassy or facility, as applicable; or
       ``(B) the rate of compensation that the Liaison would have 
     otherwise received.''.

     SEC. 5109. PROTECTION OF INFORMATION EXCHANGED WITH FOREIGN 
                   LAW ENFORCEMENT AND FINANCIAL INTELLIGENCE 
                   UNITS.

       (a) In General.--Section 310 of title 31, United States 
     Code, as amended by sections 5103, 5105, 5107, and 5108 of 
     this division, is amended by inserting after subsection (h) 
     the following:
       ``(i) Protection of Information Obtained by Foreign Law 
     Enforcement and Financial Intelligence Units; Freedom of 
     Information Act.--
       ``(1) Definitions.--In this subsection:
       ``(A) Foreign anti-money laundering and countering the 
     financing of terrorism authority.--The term `foreign anti-
     money laundering and countering the financing of terrorism 
     authority' means any foreign agency or authority that is 
     empowered under foreign law to regulate or supervise foreign 
     financial institutions (or designated non-financial 
     businesses and professions) with respect to laws concerning 
     anti-money laundering and countering the financing of 
     terrorism and proliferation.
       ``(B) Foreign financial intelligence unit.--The term 
     `foreign financial intelligence unit' means any foreign 
     agency or authority, including a foreign financial 
     intelligence unit that is a member of the Egmont Group of 
     Financial Intelligence Units, that is empowered under foreign 
     law as a jurisdiction's national center for--
       ``(i) receipt and analysis of suspicious transaction 
     reports and other information relevant to money laundering, 
     associate predicate offenses, and financing of terrorism; and
       ``(ii) the dissemination of the results of the analysis 
     described in clause (i).
       ``(C) Foreign law enforcement authority.--The term `foreign 
     law enforcement authority' means any foreign agency or 
     authority that is empowered under foreign law to detect, 
     investigate, or prosecute potential violations of law.
       ``(2) Information exchanged with foreign law enforcement 
     authorities, foreign financial intelligence units, and 
     foreign anti-money laundering and countering the financing of 
     terrorism authorities.--
       ``(A) In general.--The Department of the Treasury may not 
     be compelled to search for or disclose information exchanged 
     with a foreign law enforcement authority, foreign financial 
     intelligence unit, or foreign anti-money laundering and 
     countering the financing of terrorism authority.

[[Page S3591]]

       ``(B) Inapplicability of freedom of information act.--
       ``(i) In general.--Section 552(a)(3) of title 5 (commonly 
     referred to as the `Freedom of Information Act') shall not 
     apply to any request for records or information exchanged 
     between the Department of the Treasury and a foreign law 
     enforcement authority, foreign financial intelligence unit, 
     or foreign anti-money laundering and countering the financing 
     of terrorism authority.
       ``(ii) Specifically exempted by statute.--For purposes of 
     section 552 of title 5, this paragraph shall be considered a 
     statute described in subsection (b)(3)(B) of that section.
       ``(3) Savings provision.--Nothing in this section shall 
     authorize the Department of the Treasury to withhold 
     information from Congress or prevent the Department of the 
     Treasury from complying with an order of a court of the 
     United States in an action commenced by the United States.''.
       (b) Availability of Reports.--Section 5319 of title 31, 
     United States Code, is amended, in the fourth sentence, by 
     inserting ``search and'' before ``disclosure''.

     SEC. 5110. ASSESSMENT OF BANK SECRECY ACT APPLICATION TO 
                   DEALERS IN ARTS AND ANTIQUITIES.

       (a) Study on the Facilitation of Money Laundering and 
     Terror Finance Through the Trade of Works of Art or 
     Antiquities.--The Secretary, in coordination with the 
     Director of the Federal Bureau of Investigation, the Attorney 
     General, and the Secretary of Homeland Security, shall 
     perform a study on the facilitation of money laundering and 
     the financing of terrorism through the trade of works of art 
     or antiquities, including an analysis of--
       (1) the extent to which the facilitation of money 
     laundering and the financing of terrorism through the trade 
     of works of art or antiquities may enter or affect the 
     financial system of the United States, including any 
     qualitative data or statistics;
       (2) an evaluation of which markets, by size, domestic or 
     international geographical locations, or otherwise, should be 
     subject to any regulations described in paragraph (3);
       (3) whether thresholds should apply in determining which 
     entities, if any, to regulate;
       (4) an evaluation of whether certain exemptions should 
     apply to any regulations described in paragraph (3); and
       (5) any other matter the Secretary determines is 
     appropriate.
       (b) Report and Rulemakings.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary, in 
     coordination with the Director of the Federal Bureau of 
     Investigation, the Attorney General, and the Secretary of 
     Homeland Security, shall--
       (1) submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report that contains all 
     findings and determinations made in carrying out the study 
     required under subsection (a); and
       (2) propose rulemakings, if appropriate, to implement the 
     findings and determinations described in paragraph (1).

     SEC. 5111. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL 
                   COOPERATION.

       (a) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary for each of fiscal years 2020 through 2024 for 
     the purpose described in paragraph (2) an amount equal to 
     twice the amount authorized to be appropriated for that 
     purpose for fiscal year 2019.
       (2) Purpose described.--The purpose described in this 
     paragraph is the provision of technical assistance to foreign 
     countries, and financial institutions in foreign countries, 
     that promotes compliance with international standards and 
     best practices, including in particular international 
     standards and best practices relating to the establishment of 
     effective anti-money laundering programs and programs for 
     countering the financing of terrorism.
       (3) Sense of congress.--It is the sense of Congress that 
     this subsection could affect a number of Federal agencies and 
     departments and the Secretary should, as appropriate, consult 
     with the heads of those affected agencies and departments, 
     including the Attorney General, in providing the technical 
     assistance required under this subsection.
       (b) Report on Technical Assistance Provided by Office of 
     Technical Assistance.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter for 5 
     years, the Secretary shall submit to Congress a report on the 
     assistance described in subsection (a)(2) provided by the 
     Office of Technical Assistance of the Department of the 
     Treasury.
       (2) Elements.--Each report required under paragraph (1) 
     shall include--
       (A) a description of the strategic goals of the Office of 
     Technical Assistance in the year preceding submission of the 
     report, including an explanation of how technical assistance 
     provided by the Office in that year advanced those goals;
       (B) a description of technical assistance provided by the 
     Office in that year, including the objectives and delivery 
     methods of the assistance;
       (C) a list of beneficiaries and providers (other than 
     Office staff) of the technical assistance during that year; 
     and
       (D) a description of how--
       (i) technical assistance provided by the Office 
     complements, duplicates, or otherwise affects or is affected 
     by technical assistance provided by the international 
     financial institutions (as defined in section 1701(c) of the 
     International Financial Institutions Act (22 U.S.C. 
     262r(c))); and
       (ii) efforts to coordinate the technical assistance 
     described in clause (i).

     SEC. 5112. INTERNATIONAL COORDINATION.

       (a) In General.--The Secretary shall work with foreign 
     counterparts of the Secretary, including through bilateral 
     contacts, the Financial Action Task Force, the International 
     Monetary Fund, the World Bank, the Egmont Group of Financial 
     Intelligence Units, the Organisation for Economic Co-
     operation and Development, the Basel Committee on Banking 
     Supervision, and the United Nations, to promote stronger 
     anti-money laundering frameworks and enforcement of anti-
     money laundering laws.
       (b) National Advisory Council Report to Congress.--The 
     Chairman of the National Advisory Council on International 
     Monetary and Financial Policies shall include in each report 
     required by section 1701 of the International Financial 
     Institutions Act (22 U.S.C. 262r) after the date of enactment 
     of this Act a description of--
       (1) the activities of the International Monetary Fund in 
     the fiscal year covered by the report to provide technical 
     assistance that strengthens the capacity of members of the 
     Fund to prevent money laundering and the financing of 
     terrorism, and the effectiveness of the assistance; and
       (2) the efficacy of efforts by the United States to support 
     such technical assistance through the use of the Fund's 
     administrative budget, and the level of such support.

  TITLE LII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE 
                     FINANCING OF TERRORISM SYSTEM

     SEC. 5201. ANNUAL REPORTING REQUIREMENTS.

       (a) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Attorney 
     General, in consultation with the Secretary, Federal law 
     enforcement agencies, the Director of National Intelligence, 
     Federal functional regulators, and the heads of other 
     appropriate Federal agencies, shall submit to the Secretary a 
     report that contains statistics, metrics, and other 
     information on the use of data derived from financial 
     institutions reporting under the Bank Secrecy Act (referred 
     to in this subsection as the ``reported data''), including--
       (1) the frequency with which the reported data contains 
     actionable information that leads to--
       (A) further procedures by law enforcement agencies, 
     including the use of a subpoena, warrant, or other legal 
     process; or
       (B) actions taken by intelligence, national security, or 
     homeland security agencies;
       (2) calculations of the time between the date on which the 
     reported data is reported and the date on which the reported 
     data is used by law enforcement, intelligence, national 
     security, or homeland security agencies, whether through the 
     use of--
       (A) a subpoena or warrant; or
       (B) other legal process or action;
       (3) an analysis of the transactions associated with the 
     reported data, including whether--
       (A) the suspicious accounts that are the subject of the 
     reported data were held by legal entities or individuals; and
       (B) there are trends and patterns in cross-border 
     transactions to certain countries;
       (4) the number of legal entities and individuals identified 
     by the reported data;
       (5) information on the extent to which arrests, 
     indictments, convictions, criminal pleas, civil enforcement 
     or forfeiture actions, or actions by national security, 
     intelligence, or homeland security agencies were related to 
     the use of the reported data; and
       (6) data on the investigations carried out by State and 
     Federal authorities resulting from the reported data.
       (b) Report.--Beginning with the fifth report submitted 
     under subsection (a), and once every 5 years thereafter, that 
     report shall include a section describing the use of data 
     derived from reporting by financial institutions under the 
     Bank Secrecy Act over the 5 years preceding the date on which 
     the report is submitted, which shall include a description of 
     long-term trends and the use of long-term statistics, 
     metrics, and other information.
       (c) Trends, Patterns, and Threats.--Each report required 
     under subsection (a) and each section included under 
     subsection (b) shall contain a description of retrospective 
     trends and emerging patterns and threats in money laundering 
     and the financing of terrorism, including national and 
     regional trends, patterns, and threats relevant to the 
     classes of financial institutions that the Attorney General 
     determines appropriate.
       (d) Use of Report Information.--The Secretary shall use the 
     information reported under subsections (a), (b), and (c)--
       (1) to help assess the usefulness of reporting under the 
     Bank Secrecy Act to--
       (A) criminal and civil law enforcement agencies;
       (B) intelligence, defense, and homeland security agencies; 
     and
       (C) Federal functional regulators;
       (2) to enhance feedback and communications with financial 
     institutions and other entities subject to requirements under 
     the Bank Secrecy Act, including by providing more detail in 
     the reports published and distributed under section 314(d) of 
     the USA PATRIOT Act (31 U.S.C. 5311 note);

[[Page S3592]]

       (3) to assist FinCEN in considering revisions to the 
     reporting requirements promulgated under section 314(d) of 
     the USA PATRIOT Act (31 U.S.C. 5311 note); and
       (4) for any other purpose the Secretary determines is 
     appropriate.
       (e) Confidentiality.--Any information received by a 
     financial institution under this section shall be subject to 
     confidentiality requirements established by the Secretary.

     SEC. 5202. ADDITIONAL CONSIDERATIONS FOR SUSPICIOUS ACTIVITY 
                   REPORTING REQUIREMENTS.

       Section 5318(g) of title 31, United States Code, is amended 
     by adding at the end the following:
       ``(5) Considerations in imposing reporting requirements.--
       ``(A) Definitions.--In this paragraph, the terms `Bank 
     Secrecy Act', `Federal functional regulator', `State bank 
     supervisor', and `State credit union supervisor' have the 
     meanings given the terms in section 5003 of the Anti-Money 
     Laundering Act of 2020.
       ``(B) Requirements.--In imposing any requirement to report 
     any suspicious transaction under this subsection, the 
     Secretary of the Treasury, in consultation with the Attorney 
     General, appropriate representatives of State bank 
     supervisors, State credit union supervisors, and the Federal 
     functional regulators, shall consider items that include--
       ``(i) the national priorities established by the Secretary;
       ``(ii) the purposes described in section 5311; and
       ``(iii) the means by or form in which the Secretary shall 
     receive such reporting, including the burdens imposed by such 
     means or form of reporting on persons required to provide 
     such reporting, the efficiency of the means or form, and the 
     benefits derived by the means or form of reporting by Federal 
     law enforcement agencies and the intelligence community in 
     countering financial crime, including money laundering and 
     the financing of terrorism.
       ``(C) Compliance program.--Reports filed under this 
     subsection shall be guided by the compliance program of a 
     covered financial institution with respect to the Bank 
     Secrecy Act, including the risk assessment processes of the 
     covered institution that should include a consideration of 
     priorities established by the Secretary of the Treasury under 
     section 5318.
       ``(D) Streamlined data and real-time reporting.--
       ``(i) Requirement to establish system.--In considering the 
     means by or form in which the Secretary of the Treasury shall 
     receive reporting pursuant to subparagraph (B)(iii), the 
     Secretary of the Treasury, acting through the Director of the 
     Financial Crimes Enforcement Network, and in consultation 
     with appropriate representatives of the State bank 
     supervisors, State credit union supervisors, and Federal 
     functional regulators, shall--

       ``(I) establish streamlined, including automated, processes 
     to, as appropriate, permit the filing of noncomplex 
     categories of reports that--

       ``(aa) reduce burdens imposed on persons required to 
     report; and
       ``(bb) do not diminish the usefulness of the reporting to 
     Federal law enforcement agencies, national security 
     officials, and the intelligence community in combating 
     financial crime, including the financing of terrorism;

       ``(II) subject to clause (ii)--

       ``(aa) permit streamlined, including automated, reporting 
     for the categories described in subclause (I); and
       ``(bb) establish the conditions under which the reporting 
     described in item (aa) is permitted; and

       ``(III) establish additional systems and processes as 
     necessary to allow for the reporting described in item (aa).

       ``(ii) Standards.--The Secretary of the Treasury--

       ``(I) in carrying out clause (i), shall establish standards 
     to ensure that streamlined reports relate to suspicious 
     transactions relevant to potential violations of law 
     (including regulations); and
       ``(II) in establishing the standards under subclause (I), 
     shall consider transactions, including structured 
     transactions, designed to evade any regulation promulgated 
     under this subchapter, certain fund and asset transfers with 
     lower apparent economic or business purpose, transactions 
     without lawful purposes, and any other transaction that the 
     Secretary determines to be appropriate.

       ``(iii) Rule of construction.--Nothing in this subparagraph 
     may be construed to preclude the Secretary of the Treasury 
     from--

       ``(I) requiring reporting as provided for in subparagraphs 
     (B) and (C); or
       ``(II) notifying Federal law enforcement with respect to 
     any transaction that the Secretary has determined implicates 
     a national priority established by the Secretary.''.

     SEC. 5203. LAW ENFORCEMENT FEEDBACK ON SUSPICIOUS ACTIVITY 
                   REPORTS.

       (a) Feedback.--
       (1) In general.--FinCEN shall, to the extent practicable, 
     periodically solicit feedback from individuals designated 
     under section 5318(h)(1)(B) of title 31, United States Code, 
     by a variety of financial institutions representing a cross-
     section of the reporting industry to review the suspicious 
     activity reports filed by those financial institutions and 
     discuss trends in suspicious activity observed by FinCEN.
       (2) Coordination with federal functional regulators and 
     state bank supervisors and state credit union supervisors.--
     FinCEN shall provide any feedback solicited under paragraph 
     (1) to the appropriate Federal functional regulator, State 
     bank supervisor, or State credit union supervisor during the 
     regularly scheduled examination of the applicable financial 
     institution by the Federal functional regulator, State bank 
     supervisor, or State credit union supervisor, as applicable.
       (b) Disclosure Required.--
       (1) In general.--
       (A) Periodic disclosure.--Except as provided in paragraph 
     (2), FinCEN shall, to the extent practicable, periodically 
     disclose to each financial institution, in summary form, 
     information on suspicious activity reports filed that proved 
     useful to Federal or State criminal or civil law enforcement 
     agencies during the period since the most recent disclosure 
     under this paragraph to the financial institution.
       (B) Rule of construction.--Nothing in this paragraph may be 
     construed to require the public disclosure of any information 
     filed with the Department of the Treasury under the Bank 
     Secrecy Act.
       (2) Exception for ongoing and closed investigations and to 
     protect national security.--FinCEN shall not be required to 
     disclose to a financial institution any information under 
     paragraph (1) that relates to an ongoing investigation or 
     implicates the national security of the United States.
       (3) Maintenance of statistics.--With respect to the actions 
     described in paragraph (1), FinCEN shall keep records of all 
     such actions taken to assist with the production of the 
     reports described in paragraph (5) of section 5318(g) of 
     title 31, United States Code, as added by section 5202 of 
     this division, and for other purposes.
       (4) Coordination with department of justice.--The 
     information disclosed by FinCEN under this subsection shall 
     include information from the Department of Justice 
     regarding--
       (A) the review and use by the Department of suspicious 
     activity reports filed by the applicable financial 
     institution during the period since the most recent 
     disclosure under this subsection; and
       (B) any trends in suspicious activity observed by the 
     Department.

     SEC. 5204. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION 
                   REPORTS AND SUSPICIOUS ACTIVITY REPORTS.

       (a) Review.--The Secretary, in consultation with the 
     Attorney General, Federal law enforcement agencies, the 
     Secretary of Homeland Security, the Federal functional 
     regulators, State bank supervisors, State credit union 
     supervisors, and other relevant stakeholders, shall undertake 
     a formal review of the financial institution reporting 
     requirements relating to currency transaction reports and 
     suspicious activity reports, as in effect on the date of 
     enactment of this Act, including the processes used to submit 
     reports under the Bank Secrecy Act, regulations implementing 
     the Bank Secrecy Act, and related guidance, and propose 
     changes to those reports to reduce any unnecessarily 
     burdensome regulatory requirements and ensure that the 
     information provided fulfills the purposes described in 
     section 5311 of title 31, United States Code, as amended by 
     section 5101(a).
       (b) Contents.--The review required under subsection (a) 
     shall--
       (1) rely substantially on information obtained through the 
     BSA Data Value Analysis Project conducted by FinCEN; and
       (2) include a study of--
       (A) whether the circumstances under which a financial 
     institution determines whether to file a continuing 
     suspicious activity report, including insider abuse, or the 
     processes followed by a financial institution in determining 
     whether to file a continuing suspicious activity report, or 
     both, should be adjusted;
       (B) whether different thresholds should apply to different 
     categories of activities;
       (C) the fields designated as critical on the suspicious 
     activity report form, the fields on the currency transaction 
     report form, and whether the number or nature of the fields 
     on those forms should be adjusted;
       (D) the categories, types, and characteristics of 
     suspicious activity reports and currency transaction reports 
     that are of the greatest value to, and that best support, 
     investigative priorities of law enforcement and national 
     security agencies;
       (E) the increased use or expansion of exemption provisions 
     to reduce currency transaction reports that may be of little 
     or no value to the efforts of law enforcement agencies;
       (F) the most appropriate ways to promote financial 
     inclusion and address the adverse consequences of financial 
     institutions de-risking entire categories of relationships, 
     including charities, embassy accounts, and money service 
     businesses (as defined in section 1010.100(ff) of title 31, 
     Code of Federal Regulations), and certain groups of 
     correspondent banks without conducting a proper assessment of 
     the specific risk of each individual member of these 
     populations;
       (G) the current financial institution reporting 
     requirements under the Bank Secrecy Act and regulations and 
     guidance implementing the Bank Secrecy Act;
       (H) whether the process for the electronic submission of 
     reports could be improved for both financial institutions and 
     law enforcement agencies, including by allowing greater 
     integration between financial institution systems and the 
     electronic filing system to allow for automatic population of 
     report

[[Page S3593]]

     fields and the automatic submission of transaction data for 
     suspicious transactions, without bypassing the obligation of 
     each reporting financial institution to assess the specific 
     risk of the transactions reported;
       (I) the appropriate manner in which to ensure the security 
     and confidentiality of personal information;
       (J) how to improve the cross-referencing of individuals or 
     entities operating at multiple financial institutions and 
     across international borders;
       (K) whether there are ways to improve current transaction 
     report aggregation for entities with common ownership; and
       (L) any other matter the Secretary determines is 
     appropriate.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Attorney General, Federal law enforcement agencies, the 
     Director of National Intelligence, the Secretary of Homeland 
     Security, and the Federal functional regulators, shall--
       (1) submit to Congress a report that contains all findings 
     and determinations made in carrying out the review required 
     under subsection (a); and
       (2) propose rulemakings, as appropriate, to implement the 
     findings and determinations described in paragraph (1).

     SEC. 5205. CURRENCY TRANSACTION REPORTS AND SUSPICIOUS 
                   ACTIVITY REPORTS THRESHOLDS REVIEW.

       (a) Review of Thresholds for Certain Currency Transaction 
     Reports.--The Secretary, in consultation with the Attorney 
     General, the Director of National Intelligence, the Secretary 
     of Homeland Security, the Federal functional regulators, 
     State bank supervisors, State credit union supervisors, and 
     other relevant stakeholders, shall study and determine 
     whether the dollar thresholds, including aggregate 
     thresholds, under sections 5313, 5318(g), and 5331 of title 
     31, United States Code, including regulations issued under 
     those sections, should be adjusted.
       (b) Considerations.--In making the determinations required 
     under subsection (a), the Secretary, in consultation with the 
     Attorney General, the Director of National Intelligence, the 
     Secretary of Homeland Security, the Federal functional 
     regulators, State bank supervisors, State credit union 
     supervisors, and other relevant stakeholders, shall 
     consider--
       (1) the effects that adjusting the thresholds would have on 
     law enforcement, intelligence, national security, and 
     homeland security agencies;
       (2) the costs likely to be incurred or saved by financial 
     institutions from any adjustment to the thresholds;
       (3) whether adjusting the thresholds would better conform 
     the United States with international norms and standards to 
     counter money laundering and the financing of terrorism; and
       (4) any other matter that the Secretary determines is 
     appropriate.
       (c) Report and Rulemakings.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary, in 
     consultation with the Attorney General, the Director of 
     National Intelligence, the Secretary of Homeland Security, 
     the Federal functional regulators, State bank supervisors, 
     State credit union supervisors, and other relevant 
     stakeholders, shall--
       (1) publish a report of the findings from the study 
     required under subsection (a); and
       (2) propose rulemakings, as appropriate, to implement the 
     findings described in paragraph (1).

     SEC. 5206. SHARING OF THREAT PATTERN AND TREND INFORMATION.

       Section 5318(g) of title 31, United States Code, as amended 
     by section 5202 of this division, is amended by adding at the 
     end the following:
       ``(6) Sharing of threat pattern and trend information.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the terms `Bank Secrecy Act' and `Federal functional 
     regulator' have the meanings given the terms in section 5003 
     of the Anti-Money Laundering Act of 2020; and
       ``(ii) the term `typology' means a technique to launder 
     money or finance terrorism.
       ``(B) Suspicious activity report activity review.--Not less 
     frequently than semiannually, the Director of the Financial 
     Crimes Enforcement Network shall publish threat pattern and 
     trend information to provide meaningful information about the 
     preparation, use, and value of reports filed under this 
     subsection by financial institutions, as well as other 
     reports filed by financial institutions under the Bank 
     Secrecy Act.
       ``(C) Inclusion of typologies.--In each publication 
     published under subparagraph (B), the Director shall provide 
     financial institutions and the Federal functional regulators 
     with typologies, including data that can be adapted in 
     algorithms if appropriate, relating to emerging money 
     laundering and terrorist financing threat patterns and 
     trends.
       ``(7) Rules of construction.--Nothing in this subsection 
     may be construed as precluding the Secretary of the Treasury 
     from--
       ``(A) requiring reporting as provided under subparagraphs 
     (A) and (B) of paragraph (6); or
       ``(B) notifying a Federal law enforcement agency with 
     respect to any transaction that the Secretary has determined 
     directly implicates a national priority established by the 
     Secretary.''.

     SEC. 5207. SUBCOMMITTEE ON INNOVATION AND TECHNOLOGY.

       Section 1564 of the Annunzio-Wylie Anti-Money Laundering 
     Act (31 U.S.C. 5311 note) is amended by adding at the end the 
     following:
       ``(d) Subcommittee on Innovation and Technology.--
       ``(1) Definitions.--In this subsection, the terms `Bank 
     Secrecy Act', `State bank supervisor', and `State credit 
     union supervisor' have the meanings given the terms in 
     section 5003 of the Anti-Money Laundering Act of 2020.
       ``(2) Establishment.--There shall be within the Bank 
     Secrecy Act Advisory Group a subcommittee to be known as the 
     `Subcommittee on Innovation and Technology' to--
       ``(A) advise the Secretary of the Treasury regarding means 
     by which the Department of the Treasury, FinCEN, the Federal 
     functional regulators, State bank supervisors, and State 
     credit union supervisors, as appropriate, can most 
     effectively encourage and support technological innovation in 
     the area of anti-money laundering and countering the 
     financing of terrorism and proliferation; and
       ``(B) reduce, to the extent practicable, obstacles to 
     innovation that may arise from existing regulations, 
     guidance, and examination practices related to compliance of 
     financial institutions with the Bank Secrecy Act.
       ``(3) Membership.--
       ``(A) In general.--The subcommittee established under 
     paragraph (1) shall consist of the representatives of the 
     heads of the Federal functional regulators, a representative 
     of State bank supervisors, a representative of State credit 
     union supervisors, representatives of a cross-section of 
     financial institutions subject to the Bank Secrecy Act, law 
     enforcement, FinCEN, and any other representative as 
     determined by the Secretary of the Treasury.
       ``(B) Requirements.--Each agency representative described 
     in subparagraph (A) shall be an individual who has 
     demonstrated knowledge and competence concerning the 
     application of the Bank Secrecy Act.
       ``(4) Sunset.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Subcommittee on Innovation and Technology shall terminate 
     on the date that is 5 years after the date of enactment of 
     this subsection.
       ``(B) Exception.--The Secretary of the Treasury may renew 
     the Subcommittee on Innovation for 1-year periods beginning 
     on the date that is 5 years after the date of enactment of 
     this subsection.''.

     SEC. 5208. FINANCIAL TECHNOLOGY ASSESSMENT.

       (a) In General.--The Secretary, in consultation with 
     financial regulators, technology experts, national security 
     experts, law enforcement, and any other group the Secretary 
     determines is appropriate, shall analyze the impact of 
     financial technology on financial crimes compliance, 
     including money laundering, the financing of terrorism, 
     proliferation finance, serious tax fraud, human and drug 
     trafficking, sanctions evasion, and other illicit finance.
       (b) Coordination.--In carrying out the duties required 
     under this section, the Secretary shall coordinate with and 
     consider other interagency efforts and data relating to 
     examining the impact of financial technology, including 
     activities conducted by--
       (1) cyber security working groups at the Department of the 
     Treasury;
       (2) cyber security experts identified by the Attorney 
     General and the Secretary of Homeland Security;
       (3) the intelligence community; and
       (4) the Financial Stability Oversight Council.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Banking, Housing, and Urban Affairs and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Financial Services and the Committee on Foreign 
     Affairs of the House of Representatives a report containing 
     any findings under subsection (a), including legislative and 
     administrative recommendations.

     SEC. 5209. FINANCIAL CRIMES TECH SYMPOSIUM.

       (a) Purpose.--The purposes of this section are to--
       (1) promote greater international collaboration in the 
     effort to prevent and detect financial crimes and suspicious 
     activities; and
       (2) facilitate the investigation, development, and timely 
     adoption of new technologies aimed at preventing and 
     detecting financial crimes and other illicit activities.
       (b) Periodic Meetings.--The Secretary shall, in 
     coordination with the Subcommittee on Innovation and 
     Technology established under subsection (d) of section 1564 
     of the Annunzio-Wylie Anti-Money Laundering Act, as added by 
     section 5207 of this division, periodically convene a global 
     anti-money laundering and financial crime symposium focused 
     on how new technology can be used to more effectively combat 
     financial crimes and other illicit activities.
       (c) Attendees.--Attendees at each symposium convened under 
     this section shall include domestic and international 
     financial regulators, senior executives from regulated firms, 
     technology providers, representatives from law enforcement 
     agencies, academic and other experts, and other individuals 
     that the Secretary determines are appropriate.
       (d) Panels.--At each symposium convened under this section, 
     the Secretary shall convene panels in order to review new 
     technologies and permit attendees to demonstrate proof of 
     concept.
       (e) Implementation and Reports.--The Secretary shall, to 
     the extent practicable

[[Page S3594]]

     and necessary, work to provide policy clarity, which may 
     include providing reports or guidance to stakeholders, 
     regarding innovative technologies and practices presented at 
     each symposium convened under this section, to the extent 
     that those technologies and practices further the purposes of 
     this section.
       (f) FinCEN Briefing.--Not later than 90 days after the date 
     of enactment of this Act, the Director of FinCEN shall brief 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives on the use of emerging technologies, 
     including--
       (1) the status of implementation and internal use of 
     emerging technologies, including artificial intelligence, 
     digital identity technologies, distributed ledger 
     technologies, and other innovative technologies within 
     FinCEN;
       (2) whether artificial intelligence, digital identity 
     technologies, distributed ledger technologies, and other 
     innovative technologies can be further leveraged to make data 
     analysis by FinCEN more efficient and effective;
       (3) whether FinCEN could better use artificial 
     intelligence, digital identity technologies, distributed 
     ledger technologies, and other innovative technologies to--
       (A) more actively analyze and disseminate the information 
     FinCEN collects and stores to provide investigative leads to 
     Federal, State, Tribal, and local law enforcement agencies 
     and other Federal agencies; and
       (B) better support ongoing investigations by FinCEN when 
     referring a case to the agencies described in subparagraph 
     (A);
       (4) with respect to each of paragraphs (1), (2), and (3), 
     any best practices or significant concerns identified by the 
     Director, and their applicability to artificial intelligence, 
     digital identity technologies, distributed ledger 
     technologies, and other innovative technologies with respect 
     to United States efforts to combat money laundering and other 
     forms of illicit finance;
       (5) any policy recommendations that could facilitate and 
     improve communication and coordination between the private 
     sector, FinCEN, and the agencies described in paragraph (3) 
     through the implementation of innovative approaches to meet 
     the obligations of the agencies under the Bank Secrecy Act 
     and anti-money laundering compliance; and
       (6) any other matter the Director determines is 
     appropriate.

     SEC. 5210. PILOT PROGRAM ON SHARING OF INFORMATION RELATED TO 
                   SUSPICIOUS ACTIVITY REPORTS WITHIN A FINANCIAL 
                   GROUP.

       (a) Sharing With Foreign Branches and Affiliates.--Section 
     5318(g) of title 31, United States Code, as amended by 
     sections 5202 and 5203 of this division, is amended by adding 
     at the end the following:
       ``(8) Pilot program on sharing with foreign branches, 
     subsidiaries, and affiliates.--
       ``(A) In general.--
       ``(i) Issuance of rules.--Not later than 1 year after the 
     date of enactment of this paragraph, the Secretary of the 
     Treasury shall issue rules, subject to such controls and 
     restrictions as the Director of the Financial Crimes 
     Enforcement Network determines appropriate, establishing the 
     pilot program described in subparagraph (B).
       ``(ii) Considerations.--In issuing the rules required under 
     clause (i), the Secretary shall ensure that the sharing of 
     information described in subparagraph (B)--

       ``(I) is limited by the requirements of Federal and State 
     law enforcement operations;
       ``(II) takes into account potential concerns of the 
     intelligence community; and
       ``(III) is subject to appropriate standards and 
     requirements regarding data security and the confidentiality 
     of personally identifiable information.

       ``(B) Pilot program described.--The pilot program described 
     in this paragraph shall--
       ``(i) permit a financial institution with a reporting 
     obligation under this subsection to share information related 
     to reports under this subsection, including that such a 
     report has been filed, with the institution's foreign 
     branches, subsidiaries, and affiliates for the purpose of 
     combating illicit finance risks, notwithstanding any other 
     provision of law except subparagraph (A) or (C);
       ``(ii) permit the Secretary to consider, implement, and 
     enforce provisions that would hold a foreign affiliate of a 
     United States financial institution liable for the disclosure 
     of information related to reports under this section;
       ``(iii) terminate on the date that is 3 years after the 
     date of enactment of this paragraph, except that the 
     Secretary of the Treasury may extend the pilot program for 
     not more than 2 years upon submitting to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report that includes--

       ``(I) a certification that the extension is in the national 
     interest of the United States, with a detailed explanation of 
     the reasons that the extension is in the national interest of 
     the United States;
       ``(II) after appropriate consultation by the Secretary with 
     participants in the pilot program, an evaluation of the 
     usefulness of the pilot program, including a detailed 
     analysis of any illicit activity identified or prevented as a 
     result of the program; and
       ``(III) a detailed legislative proposal providing for a 
     long-term extension of activities under the pilot program, 
     measures to ensure data security, and confidentiality of 
     personally identifiable information, including expected 
     budgetary resources for those activities, if the Secretary of 
     the Treasury determines that a long-term extension is 
     appropriate.

       ``(C) Prohibition involving certain jurisdictions.--In 
     issuing the rules required under subparagraph (A), the 
     Secretary of the Treasury may not permit a financial 
     institution to share information on reports under this 
     subsection with a foreign branch, subsidiary, or affiliate 
     located in a jurisdiction that--
       ``(i) is a state sponsor of terrorism;
       ``(ii) is subject to sanctions imposed by the Federal 
     Government; or
       ``(iii) the Secretary has determined cannot reasonably 
     protect the security and confidentiality of such information.
       ``(D) Implementation updates.--Not later than 360 days 
     after the date on which rules are issued under subparagraph 
     (A), and annually thereafter for 3 years, the Secretary of 
     the Treasury, or the designee of the Secretary, shall brief 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives on--
       ``(i) the degree of any information sharing permitted under 
     the pilot program and a description of criteria used by the 
     Secretary to evaluate the appropriateness of the information 
     sharing;
       ``(ii) the effectiveness of the pilot program in 
     identifying or preventing the violation of a United States 
     law or regulation and mechanisms that may improve that 
     effectiveness; and
       ``(iii) any recommendations to amend the design of the 
     pilot program.
       ``(9) Treatment of foreign jurisdiction-originated 
     reports.--Information related to a report received by a 
     financial institution from a foreign affiliate with respect 
     to a suspicious transaction relevant to a possible violation 
     of law or regulation shall be subject to the same 
     confidentiality requirements provided under this subsection 
     for a report of a suspicious transaction described in 
     paragraph (1).
       ``(10) No offshoring compliance.--No financial institution 
     may establish or maintain any operation located outside of 
     the United States the primary purpose of which is to ensure 
     compliance with the Bank Secrecy Act as a result of the 
     sharing granted under this subsection.
       ``(11) Definitions.--In this subsection:
       ``(A) Affiliate.--The term `affiliate' means an entity that 
     controls, is controlled by, or is under common control with 
     another entity.
       ``(B) Bank secrecy act; state bank supervisor; state credit 
     union supervisor.--The terms `Bank Secrecy Act', `State bank 
     supervisor', and `State credit union supervisor' have the 
     meanings given the terms in section 5003 of the Anti-Money 
     Laundering Act of 2020.''.
       (b) Notification Prohibitions.--Section 5318(g)(2)(A) of 
     title 31, United States Code, is amended--
       (1) in clause (i), by inserting ``or otherwise reveal any 
     information that would reveal that the transaction has been 
     reported,'' after ``transaction has been reported''; and
       (2) in clause (ii), by inserting ``or otherwise reveal any 
     information that would reveal that the transaction has been 
     reported,'' after ``transaction has been reported,''.

     SEC. 5211. SHARING OF COMPLIANCE RESOURCES.

       (a) In General.--Section 5318 of title 31, United States 
     Code, is amended by adding at the end the following:
       ``(o) Sharing of Compliance Resources.--
       ``(1) Sharing permitted.--In order to more efficiently 
     comply with the requirements of this subchapter, 2 or more 
     financial institutions may enter into collaborative 
     arrangements, as described in the statement entitled 
     `Interagency Statement on Sharing Bank Secrecy Act 
     Resources', published on October 3, 2018, by the Board of 
     Governors of the Federal Reserve System, the Federal Deposit 
     Insurance Corporation, the Financial Crimes Enforcement 
     Network, the National Credit Union Administration, and the 
     Office of the Comptroller of the Currency.
       ``(2) Outreach.--The Secretary of the Treasury and the 
     appropriate supervising agencies shall carry out an outreach 
     program to provide financial institutions with information, 
     including best practices, with respect to the collaborative 
     arrangements described in paragraph (1).''.
       (b) Rule of Construction.--The amendment made by subsection 
     (a) may not be construed to require financial institutions to 
     share resources.

     SEC. 5212. ENCOURAGING INFORMATION SHARING AND PUBLIC-PRIVATE 
                   PARTNERSHIPS.

       (a) In General.--The Secretary shall convene a supervisory 
     team of relevant Federal agencies, private sector experts in 
     banking, national security, and law enforcement, and other 
     stakeholders to examine strategies to increase cooperation 
     between the public and private sectors for purposes of 
     countering proliferation finance and sanctions evasion.
       (b) Meetings.--The supervisory team convened under 
     subsection (a) shall meet periodically to advise on 
     strategies to combat the risk relating to proliferation 
     financing.
       (c) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     supervisory team convened under subsection (a) or to the 
     activities of the supervisory team.

[[Page S3595]]

  


     SEC. 5213. FINANCIAL SERVICES DE-RISKING.

       (a) Findings.--Congress finds the following:
       (1) The practice known as de-risking, whereby financial 
     institutions avoid rather than manage the compliance risk 
     making effective anti-money laundering, countering the 
     financing of terrorism, and sanctions compliance programs, 
     has negatively impacted the ability of nonprofit 
     organizations to conduct lifesaving activities around the 
     globe.
       (2) It has been estimated that \2/3\ of nonprofit 
     organizations based in the United States with international 
     activities face difficulties with financial access, most 
     commonly the inability to send funds internationally through 
     transparent, regulated financial channels.
       (3) Without access to timely and predictable banking 
     services, nonprofit organizations cannot carry out essential 
     humanitarian activities that can mean life or death to those 
     in affected communities.
       (4) De-risking can ultimately drive money into less 
     transparent channels through the carrying of cash or use of 
     unlicensed or unregistered money service remitters, thus 
     reducing transparency and traceability, which are critical 
     for financial integrity, and can increase the risk of money 
     falling into the wrong hands.
       (5) Federal agencies must continue to work to address de-
     risking through the establishment of guidance enabling 
     financial institutions to bank with nonprofit organizations 
     and promoting focused and proportionate measures consistent 
     with a risk-based approach.
       (6) As the 2020 National Strategy for Combating Terrorist 
     and Other Illicit Financing of the Department of the Treasury 
     observes, ``Treasury and interagency partners will continue 
     to engage with charitable organizations and financial 
     institutions to evaluate and communicate the actual risk that 
     these organizations may be misused to support terrorism and 
     that financial institutions apply the risk-based approach to 
     the opening and maintenance of charity accounts, as the vast 
     majority of U.S.-based tax exempt charitable organizations 
     are not high risk for terrorist financing.''.
       (7) The Federal Government should work cooperatively with 
     other donor states to promote a multi-stakeholder approach to 
     risk-sharing among governments, financial institutions, and 
     nonprofit organizations.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) providing vital humanitarian and development assistance 
     and protecting the integrity of the international financial 
     system are complementary goals; and
       (2) Congress supports--
       (A) effective measures to stop the flow of illicit funds 
     and promote the goals of anti-money laundering and countering 
     the financing of terrorism and sanctions regimes;
       (B) anti-money laundering and countering the financing of 
     terrorism and sanctions policies that do not unduly hinder or 
     delay the efforts of legitimate humanitarian organizations in 
     providing assistance to--
       (i) meet the needs of civilians facing a humanitarian 
     crisis, including enabling governments and humanitarian 
     organizations to provide them with timely access to food, 
     health, and medical care, shelter, and clean drinking water; 
     and
       (ii) prevent or alleviate human suffering, in keeping with 
     requirements of international humanitarian law;
       (C) policies that ensure that incidental, inadvertent 
     benefits that may indirectly benefit a designated group in 
     the course of delivering life-saving aid to civilian 
     populations are not the primary focus of Federal Government 
     enforcement efforts; and
       (D) laws, regulations, policies, guidance, and other 
     measures that ensure the integrity of the financial system 
     through a risk-based approach.
       (c) GAO De-risking Analysis.--Not later than 1 year after 
     the date of enactment of this Act, the Comptroller General of 
     the United States shall conduct a study and submit to 
     Congress a report--
       (1) evaluating the effect of anti-money laundering and 
     countering the financing of terrorism requirements on 
     individuals and entities, including charities, embassy 
     accounts, money-service businesses, and correspondent banks, 
     that--
       (A) have been subject to categorical de-risking by 
     financial institutions operating in the United States; or
       (B) otherwise have difficulty accessing or maintaining--
       (i) relationships in the United States financial system; or
       (ii) certain financial services in the United States, 
     including opening and keeping open an account;
       (2) evaluating the consequences of financial institutions 
     de-risking entire categories of relationships with the 
     individuals and entities described in paragraph (1); and
       (3) identifying options for financial institutions handling 
     transactions or accounts for high-risk categories of clients 
     and for minimizing the negative effects of anti-money 
     laundering and countering the financing of terrorism 
     requirements on the individuals and entities described in 
     paragraph (1) without compromising the effectiveness of 
     Federal anti-money laundering and countering the financing of 
     terrorism requirements.
       (d) Review of De-risking.--
       (1) Definition.--In this subsection, the term ``de-
     risking'' means an action taken by a financial institution to 
     terminate or restrict a business relationship with a 
     customer, or a category of customers, rather than manage the 
     risk associated with that relationship consistent with risk-
     based supervisory or regulatory requirements.
       (2) Review.--Upon completion of the analysis required under 
     subsection (c), the Secretary, in consultation with the 
     Federal functional regulators, State bank supervisors, State 
     credit union supervisors, appropriate public and private 
     sector stakeholders, and other appropriate parties, shall--
       (A) undertake a formal review of the financial institution 
     reporting requirements, as in effect on the date of enactment 
     of this Act, including the processes used to submit reports 
     under the Bank Secrecy Act, regulations implementing the Bank 
     Secrecy Act, and related guidance; and
       (B) propose changes to those requirements described in 
     paragraph (1) to reduce any unnecessarily burdensome 
     regulatory requirements and ensure that the information 
     provided fulfills the purpose described in section 5311 of 
     title 31, United States Code, as amended by this division.
       (3) Contents.--The review required under paragraph (2) 
     shall--
       (A) rely substantially on information obtained through the 
     de-risking analyses conducted by the Comptroller General of 
     the United States; and
       (B) consider--
       (i) any adverse consequence of financial institutions de-
     risking entire categories of relationships, including 
     charities, embassy accounts, money services businesses, as 
     defined in section 1010.100 of title 31, Code of Federal 
     Regulations, agents of the financial institutions, countries, 
     international and domestic regions, and respondent banks;
       (ii) the reasons why financial institutions are engaging in 
     de-risking;
       (iii) the association with and effects of de-risking on 
     money laundering and financial crime actors and activities;
       (iv) the most appropriate ways to promote financial 
     inclusion, particularly with respect to developing countries, 
     while maintaining compliance with the Bank Secrecy Act, 
     including an assessment of policy options to--

       (I) more effectively tailor Federal actions and penalties 
     to the size of foreign financial institutions and any 
     capacity limitations of foreign governments; and
       (II) reduce compliance costs that may lead to the adverse 
     consequences described in clause (i);

       (v) formal and informal feedback provided by examiners that 
     may have led to de-risking;
       (vi) the relationship between resources dedicated to 
     compliance and overall sophistication of compliance efforts 
     at entities that may be experiencing de-risking versus those 
     that have not experienced de-risking;
       (vii) any best practices from the private sector that 
     facilitate correspondent bank relationships; and
       (viii) any other matter that the Secretary determines is 
     appropriate.
       (4) Strategy on de-risking.--Upon the completion of the 
     review required under this subsection, the Secretary of the 
     Treasury, in consultation with the Federal functional 
     regulators, State bank supervisors, State credit union 
     supervisors, appropriate public and private sector 
     stakeholders, and other appropriate parties, shall develop a 
     strategy to reduce de-risking and adverse consequences 
     related to de-risking.
       (5) Report.--Not later than 1 year after the completion of 
     the review required under this subsection, the Secretary 
     shall submit to Congress a report containing--
       (A) all findings and determinations made in carrying out 
     the review; and
       (B) the strategy developed under paragraph (4).

     SEC. 5214. REVIEW OF REGULATIONS AND GUIDANCE.

       (a) In General.--The Secretary, in consultation with the 
     Federal functional regulators, the Federal Financial 
     Institutions Examination Council, the Attorney General, 
     Federal law enforcement agencies, the Director of National 
     Intelligence, the Secretary of Homeland Security, and the 
     Commissioner of Internal Revenue, shall--
       (1) undertake a formal review of the regulations 
     implementing the Bank Secrecy Act and guidance related to 
     that Act--
       (A) to ensure the Department of the Treasury provides, on a 
     continuing basis, for appropriate safeguards to protect the 
     financial system from threats, including money laundering and 
     the financing of terrorism and proliferation, to national 
     security posed by various forms of financial crime;
       (B) to ensure that those provisions will continue to 
     require certain reports or records that are highly useful in 
     countering financial crime; and
       (C) to identify those regulations and guidance that--
       (i) may be outdated, redundant, or otherwise do not promote 
     a risk-based anti-money laundering compliance and countering 
     the financing of terrorism regime for financial institutions; 
     or
       (ii) do not conform with the commitments of the United 
     States to meet international standards to combat money 
     laundering, financing of terrorism, serious tax fraud, or 
     other financial crimes; and
       (2) make appropriate changes to the regulations and 
     guidance described in paragraph (1) to improve, as 
     appropriate, the efficiency of those provisions.

[[Page S3596]]

       (b) Public Comment.--The Secretary shall solicit public 
     comment as part of the review required under subsection (a).
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Federal Financial Institutions Examination Council, the 
     Federal functional regulators, the Attorney General, Federal 
     law enforcement agencies, the Director of National 
     Intelligence, the Secretary of Homeland Security, and the 
     Commissioner of Internal Revenue, shall submit to Congress a 
     report that contains all findings and determinations made in 
     carrying out the review required under subsection (a), 
     including administrative or legislative recommendations.

    TITLE LIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE 
     FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES

     SEC. 5301. IMPROVED INTERAGENCY COORDINATION AND 
                   CONSULTATION.

       Section 5318 of title 31, United States Code, as amended by 
     section 5211(a) of this division, is amended by adding at the 
     end the following:
       ``(p) Interagency Coordination and Consultation.--
       ``(1) In general.--The Secretary of the Treasury shall, as 
     appropriate, invite an appropriate State bank supervisor and 
     an appropriate State credit union supervisor to participate 
     in the interagency consultation and coordination with the 
     Federal depository institution regulators regarding the 
     development or modification of any rule or regulation 
     carrying out this subchapter.
       ``(2) Rules of construction.--Nothing in this subsection 
     may be construed to--
       ``(A) affect, modify, or limit the discretion of the 
     Secretary of the Treasury with respect to the methods or 
     forms of interagency consultation and coordination; or
       ``(B) require the Secretary of the Treasury or a Federal 
     depository institution regulator to coordinate or consult 
     with an appropriate State bank supervisor or to invite such 
     supervisor to participate in interagency consultation and 
     coordination with respect to a matter, including a rule or 
     regulation, specifically affecting only Federal depository 
     institutions or Federal credit unions.
       ``(3) Definitions.--In this subsection:
       ``(A) Appropriate state bank supervisor.--The term 
     `appropriate State bank supervisor' means the Chairman or 
     members of the State Liaison Committee of the Federal 
     Financial Institutions Examination Council.
       ``(B) Appropriate state credit union supervisor.--The term 
     `appropriate State credit union supervisor' means the 
     Chairman or members of the State Liaison Committee of the 
     Federal Financial Institutions Examination Council.
       ``(C) Federal credit union.--The term `Federal credit 
     union' has the meaning given the term in section 101 of the 
     Federal Credit Union Act (12 U.S.C. 1752).
       ``(D) Federal depository institution.--The term `Federal 
     depository institution' has the meaning given the term in 
     section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
     1813).
       ``(E) Federal depository institution regulators.--The term 
     `Federal depository institution regulator' means the members 
     of the Federal Financial Institutions Examination Council to 
     which is delegated any authority of the Secretary under 
     subsection (a)(1).''.

     SEC. 5302. SUBCOMMITTEE ON INFORMATION SECURITY AND 
                   CONFIDENTIALITY.

       Section 1564 of the Annunzio-Wylie Anti-Money Laundering 
     Act (31 U.S.C. 5311 note), as amended by section 5207 of this 
     division, is amended by adding at the end the following:
       ``(e) Subcommittee on Information Security and 
     Confidentiality.--
       ``(1) In general.--There shall be within the Bank Secrecy 
     Act Advisory Group a subcommittee to be known as the 
     Subcommittee on Information Security and Confidentiality (in 
     this subsection referred to as the `Subcommittee') to advise 
     the Secretary of the Treasury regarding the information 
     security and confidentiality implications of regulations, 
     guidance, information sharing programs, and the examination 
     for compliance with and enforcement of the provisions of the 
     Bank Secrecy Act.
       ``(2) Membership.--
       ``(A) In general.--The Subcommittee shall consist of the 
     representatives of the heads of the Federal functional 
     regulators and representatives from financial institutions 
     subject to the Bank Secrecy Act, law enforcement, FinCEN, and 
     any other representatives as determined by the Secretary of 
     the Treasury.
       ``(B) Requirements.--Each agency representative described 
     in subparagraph (A) shall be an individual who has 
     demonstrated knowledge and competence concerning the 
     application of the Bank Secrecy Act and familiarity with and 
     expertise in applicable laws.
       ``(3) Sunset.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Subcommittee shall terminate on the date that is 5 years 
     after the date of enactment of this subsection.
       ``(B) Exception.--The Secretary of the Treasury may renew 
     the Subcommittee for 1-year periods beginning on the date 
     that is 5 years after the date of enactment of this 
     subsection.
       ``(f) Definitions.--In this section:
       ``(1) Bank secrecy act.--the term `Bank Secrecy Act' has 
     the meaning given the term in section 5003 of the Anti-Money 
     Laundering Act of 2020.
       ``(2) Federal functional regulator.--The term `Federal 
     functional regulator' has the meaning given the term in 
     section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
       ``(3) FinCEN.--The term `FinCEN' means the Financial Crimes 
     Enforcement Network of the Department of the Treasury.
       ``(4) Financial institution.--The term `financial 
     institution' has the meaning given the term in section 5312 
     of title 31, United States Code.
       ``(5) State credit union supervisor.--The term `State 
     credit union supervisor' means a State official described in 
     section 107A(e) of the Federal Credit Union Act (12 U.S.C. 
     1757a(e)).''.

     SEC. 5303. FINCEN ANALYTICAL HUB.

       Section 310 of title 31, United States Code, as amended by 
     sections 5103, 5105, 5107, 5108, and 5109 of this division, 
     is amended by inserting after subsection (i) the following:
       ``(j) Analytical Experts.--
     ``(1) In general.--FinCEN shall maintain financial experts 
     capable of identifying, tracking, and tracing money 
     laundering and terrorist-financing networks in order to 
     conduct and support civil and criminal anti-money laundering 
     and countering the financing of terorism investigations 
     conducted by the United States Government.
  

       ``(2) FinCEN analytical hub.--FinCEN, upon a reasonable 
     request from a Federal agency, shall, in collaboration with 
     the requesting agency and the appropriate Federal functional 
     regulator, analyze the potential anti-money laundering and 
     countering the financing of terrorism activity that prompted 
     the request.
       ``(k) Definitions.--In this section:
       ``(1) Bank secrecy act.--The term `Bank Secrecy Act' has 
     the meaning given the term in section 5003 of the Anti-Money 
     Laundering Act of 2020.
       ``(2) Federal functional regulator.--The term `Federal 
     functional regulator' has the meaning given the term in 
     section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
       ``(3) Financial institution.--The term `financial 
     institution' has the meaning given the term in section 5312.
       ``(4) State bank supervisor.--The term `State bank 
     supervisor' has the meaning given the term in section 3 of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813).
       ``(5) State credit union supervisor.--The term `State 
     credit union supervisor' means a State official described in 
     section 107A(e) of the Federal Credit Union Act (12 U.S.C. 
     1757a(e)).''.

     SEC. 5304. ASSESSMENT OF BANK SECRECY ACT NO-ACTION LETTERS.

       (a) Assessment.--
       (1) In general.--The Director, in consultation with the 
     Attorney General, the Federal functional regulators, State 
     bank supervisors, State credit union supervisors, and other 
     Federal agencies, as appropriate, shall conduct an assessment 
     on whether to establish a process for the issuance of no-
     action letters by FinCEN in response to inquiries from 
     persons concerning the application of the Bank Secrecy Act, 
     the USA PATRIOT Act (Public Law 107-56; 115 Stat. 272), 
     section 8(s) of the Federal Deposit Insurance Act (12 U.S.C. 
     1818(s)), or any other anti-money laundering or countering 
     the financing of terrorism law (including regulations) to 
     specific conduct, including a request for a statement as to 
     whether FinCEN or any relevant Federal functional regulator 
     intends to take an enforcement action against the person with 
     respect to such conduct.
       (2) Analysis.--The assessment required under paragraph (1) 
     shall include an analysis of--
       (A) a timeline for the process used to reach a final 
     determination by FinCEN, in consultation with the relevant 
     Federal functional regulators, in response to a request by a 
     person for a no-action letter;
       (B) whether improvements in current processes are 
     necessary;
       (C) whether a formal no-action letter process would help to 
     mitigate or accentuate illicit finance risks in the United 
     States; and
       (D) any other matter the Secretary determines is 
     appropriate.
       (b) Report and Rulemakings.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary, in 
     coordination with the Director of the Federal Bureau of 
     Investigation, the Attorney General, the Secretary of 
     Homeland Security, and the Federal functional regulators, 
     shall--
       (1) submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report that contains all 
     findings and determinations made in carrying out the study 
     required under subsection (a); and
       (2) propose rulemakings, if appropriate, to implement the 
     findings and determinations described in paragraph (1).

     SEC. 5305. COOPERATION WITH LAW ENFORCEMENT.

       (a) In General.--
       (1) Amendment to title 31.--Subchapter II of chapter 53 of 
     title 31, United States Code, is amended by adding at the end 
     the following:

     ``Sec. 5333. Safe harbor with respect to keep open directives

       ``(a) In General.--With respect to a customer account or 
     customer transaction of a financial institution, if a Federal 
     law enforcement agency with the acknowledgment of FinCEN, or 
     a State, Tribal, or local law enforcement agency with the 
     acknowledgment and concurrence of FinCEN, submits to

[[Page S3597]]

     the financial institution a written request that the 
     financial institution keep that account or transaction open 
     (referred to in this section as a `keep open request')--
       ``(1) the financial institution shall not be liable under 
     this subchapter for maintaining that account or transaction 
     consistent with the parameters and timing of the request; and
       ``(2) no Federal or State department or agency may take any 
     adverse supervisory action under this subchapter with respect 
     to the financial institution solely for maintaining that 
     account or transaction consistent with the parameters of the 
     request.
       ``(b) Rule of Construction.--Nothing in this section may be 
     construed--
       ``(1) to prevent a Federal or State department or agency 
     from verifying the validity of a keep open request submitted 
     under subsection (a) with the law enforcement agency 
     submitting that request;
       ``(2) to relieve a financial institution from complying 
     with any reporting requirements or any other provisions of 
     this subchapter, including the reporting of suspicious 
     transactions under section 5318(g); or
       ``(3) to extend the safe harbor described in subsection (a) 
     to any actions taken by the financial institution--
       ``(A) before the date of the keep open request to maintain 
     a customer account; or
       ``(B) after the termination date stated in the keep open 
     request.
       ``(c) Letter Termination Date.--For the purposes of this 
     section, any keep open request submitted under subsection (a) 
     shall include a termination date after which that request 
     shall no longer apply.
       ``(d) Record Keeping.--Any Federal, State, Tribal, or local 
     law enforcement agency that submits to a financial 
     institution a keep open request shall, not later than 2 
     business days after the date on which the request is 
     submitted to the financial institution--
       ``(1) submit to FinCEN a copy of the request; and
       ``(2) alert FinCEN as to whether the financial institution 
     has implemented the request.
       ``(e) Guidance.--The Secretary of the Treasury, in 
     consultation with the Attorney General and Federal, State, 
     Tribal, and local law enforcement agencies, shall issue 
     guidance on the required elements of a keep open request.''.
       (2) Amendment to public law 91-508.--Chapter 2 of title I 
     of Public Law 91-508 (12 U.S.C. 1951 et seq.) is amended by 
     adding at the end the following:

     ``Sec. 130. Safe harbor with respect to keep open directives

       ``(a) Definition.--In this section, the term `financial 
     institution' means an entity to which section 123(b) applies.
       ``(b) Safe Harbor.--With respect to a customer account or 
     customer transaction of a financial institution, if a Federal 
     law enforcement agency with the acknowledgment of FinCEN, or 
     a State, Tribal, or local law enforcement agency with the 
     acknowledgment and concurrence of FinCEN, submits to the 
     financial institution a written request that the financial 
     institution keep that account or transaction open (referred 
     to in this section as a `keep open request')--
       ``(1) the financial institution shall not be liable under 
     this chapter for maintaining that account or transaction 
     consistent with the parameters and timing of the request; and
       ``(2) no Federal or State department or agency may take any 
     adverse supervisory action under this chapter with respect to 
     the financial institution solely for maintaining that account 
     or transaction consistent with the parameters of the request.
       ``(c) Rule of Construction.--Nothing in this section may be 
     construed--
       ``(1) to prevent a Federal or State department or agency 
     from verifying the validity of a keep open request submitted 
     under subsection (b) with the law enforcement agency 
     submitting that request;
       ``(2) to relieve a financial institution from complying 
     with any reporting requirements, including the reporting of 
     suspicious transactions under section 5318(g) of title 31, 
     United States Code; or
       ``(3) to extend the safe harbor described in subsection (b) 
     to any actions taken by the financial institution--
       ``(A) before the date of the keep open request to maintain 
     a customer account; or
       ``(B) after the termination date stated in the keep open 
     request.
       ``(d) Letter Termination Date.--For the purposes of this 
     section, any keep open request submitted under subsection (b) 
     shall include a termination date after which that request 
     shall no longer apply.
       ``(e) Record Keeping.--Any Federal, State, Tribal, or local 
     law enforcement agency that submits to a financial 
     institution a keep open request shall, not later than 2 
     business days after the date on which the request is 
     submitted to the financial institution--
       ``(1) submit to FinCEN a copy of the request; and
       ``(2) alert FinCEN as to whether the financial institution 
     has implemented the request.''.
       (b) Clerical Amendments.--
       (1) Title 31.--The table of sections for chapter 53 of 
     title 31, United States Code, is amended by inserting after 
     the item relating to section 5332 the following:

                                                       ================  


       (2) Public law 91-508.--The table of sections for chapter 2 
     of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) is 
     amended by adding at the end the following:

                                                       ================  



     SEC. 5306. TRAINING FOR EXAMINERS ON ANTI-MONEY LAUNDERING 
                   AND COUNTERING THE FINANCING OF TERRORISM.

       (a) In General.--Subchapter II of chapter 53 of title 31, 
     United States Code, as amended by section 5305(a)(1)(A) of 
     this division, is amended by adding at the end the following:

     ``Sec. 5334. Training regarding anti-money laundering and 
       countering the financing of terrorism

       ``(a) Training Requirement.--Each Federal examiner 
     reviewing compliance with the Bank Secrecy Act, as defined in 
     section 5003 of the Anti-Money Laundering Act of 2020, shall 
     attend appropriate annual training, as determined by the 
     Secretary of the Treasury, relating to anti-money laundering 
     activities and countering the financing of terrorism, 
     including with respect to--
       ``(1) potential risk profiles and warning signs that an 
     examiner may encounter during examinations;
       ``(2) financial crime patterns and trends;
       ``(3) the high-level context for why anti-money laundering 
     and countering the financing of terrorism programs are 
     necessary for law enforcement agencies and other national 
     security agencies and what risks those programs seek to 
     mitigate; and
       ``(4) de-risking and the effect of de-risking on the 
     provision of financial services.
       ``(b) Training Materials and Standards.--The Secretary of 
     the Treasury shall, in consultation with the Federal 
     Financial Institutions Examination Council, the Financial 
     Crimes Enforcement Network, and Federal, State, Tribal, and 
     local law enforcement agencies, establish appropriate 
     training materials and standards for use in the training 
     required under subsection (a).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     53 of title 31, United States Code, as amended by section 
     5305(b)(1) of this division, is amended by adding at the end 
     the following:

``5334. Training regarding anti-money laundering and countering the 
                                                       ================  



     SEC. 5307. OBTAINING FOREIGN BANK RECORDS FROM BANKS WITH 
                   UNITED STATES CORRESPONDENT ACCOUNTS.

       (a) Grand Jury and Trial Subpoenas.--Section 5318(k) of 
     title 31, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (B) by inserting after subparagraph (A) the following:
       ``(B) Covered financial institution.--The term `covered 
     financial institution' means an institution referred to in 
     subsection (j)(1).''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Foreign bank records.--
       ``(A) Subpoena of records.--
       ``(i) In general.--Notwithstanding subsection (b), the 
     Secretary of the Treasury or the Attorney General may issue a 
     subpoena to any foreign bank that maintains a correspondent 
     account in the United States and request any records relating 
     to the correspondent account or any account at the foreign 
     bank, including records maintained outside of the United 
     States, that are the subject of--

       ``(I) any investigation of a violation of a criminal law of 
     the United States;
       ``(II) any investigation of a violation of this subchapter;
       ``(III) a civil forfeiture action; or
       ``(IV) an administrative proceeding under section 5318A.

       ``(ii) Production of records.--The foreign bank on which a 
     subpoena described in clause (i) is served shall produce all 
     requested records and authenticate all requested records with 
     testimony in the manner described in--

       ``(I) rule 902(12) of the Federal Rules of Evidence; or
       ``(II) section 3505 of title 18.

       ``(iii) Issuance and service of subpoena.--A subpoena 
     described in clause (i)--

       ``(I) shall designate--

       ``(aa) a return date; and
       ``(bb) the judicial district in which the related 
     investigation is proceeding; and

       ``(II) may be served--

       ``(aa) in person;
       ``(bb) by mail or fax in the United States if the foreign 
     bank has a representative in the United States; or
       ``(cc) if applicable, in a foreign country under any mutual 
     legal assistance treaty, multilateral agreement, or other 
     request for international legal or law enforcement 
     assistance.
       ``(iv) Relief from subpoena.--

       ``(I) In general.--At any time before the return date of a 
     subpoena described in clause (i), the foreign bank on which 
     the subpoena is served may petition the district court of the 
     United States for the judicial district in which the related 
     investigation is proceeding, as designated in the subpoena, 
     to modify or quash--

       ``(aa) the subpoena; or
       ``(bb) the prohibition against disclosure described in 
     subparagraph (C).

[[Page S3598]]

       ``(II) Conflict with foreign secrecy or confidentiality.--
     An assertion that compliance with a subpoena described in 
     clause (i) would conflict with a provision of foreign secrecy 
     or confidentiality law shall not be a basis for quashing or 
     modifying the subpoena.

       ``(B) Acceptance of service.--
       ``(i) Maintaining records in the united states.--Any 
     covered financial institution that maintains a correspondent 
     account in the United States for a foreign bank shall 
     maintain records in the United States identifying--

       ``(I) the owners of record and the beneficial owners of the 
     foreign bank; and
       ``(II) the name and address of a person who--

       ``(aa) resides in the United States; and
       ``(bb) is authorized to accept service of legal process for 
     records covered under this subsection.
       ``(ii) Law enforcement request.--Upon receipt of a written 
     request from a Federal law enforcement officer for 
     information required to be maintained under this paragraph, a 
     covered financial institution shall provide the information 
     to the requesting officer not later than 7 days after receipt 
     of the request.
       ``(C) Nondisclosure of subpoena.--
       ``(i) In general.--No officer, director, partner, employee, 
     or shareholder of, or agent or attorney for, a foreign bank 
     on which a subpoena is served under this paragraph shall, 
     directly or indirectly, notify any account holder involved or 
     any person named in the subpoena issued under subparagraph 
     (A)(i) and served on the foreign bank about the existence or 
     contents of the subpoena.
       ``(ii) Damages.--Upon application by the Attorney General 
     for a violation of this subparagraph, a foreign bank on which 
     a subpoena is served under this paragraph shall be liable to 
     the United States Government for a civil penalty in an amount 
     equal to--

       ``(I) double the amount of the suspected criminal proceeds 
     sent through the correspondent account of the foreign bank in 
     the related investigation; or
       ``(II) if no such proceeds can be identified, not more than 
     $250,000.

       ``(D) Enforcement.--
       ``(i) In general.--If a foreign bank fails to obey a 
     subpoena issued under subparagraph (A)(i), the Attorney 
     General may invoke the aid of the district court of the 
     United States for the judicial district in which the 
     investigation or related proceeding is occurring to compel 
     compliance with the subpoena.
       ``(ii) Court orders and contempt of court.--A court 
     described in clause (i) may--

       ``(I) issue an order requiring the foreign bank to appear 
     before the Secretary of the Treasury or the Attorney General 
     to produce--

       ``(aa) certified records, in accordance with--
       ``(AA) rule 902(12) of the Federal Rules of Evidence; or
       ``(BB) section 3505 of title 18; or
       ``(bb) testimony regarding the production of the certified 
     records; and

       ``(II) punish any failure to obey an order issued under 
     subclause (I) as contempt of court.

       ``(iii) Service of process.--All process in a case under 
     this subparagraph shall be served on the foreign bank in the 
     same manner as described in subparagraph (A)(iii).
       ``(E) Termination of correspondent relationship.--
       ``(i) Termination upon receipt of notice.--A covered 
     financial institution shall terminate any correspondent 
     relationship with a foreign bank not later than 10 business 
     days after the date on which the covered financial 
     institution receives written notice from the Secretary of the 
     Treasury or the Attorney General if, after consultation with 
     the other, the Secretary of the Treasury or the Attorney 
     General, as applicable, determines that the foreign bank has 
     failed--

       ``(I) to comply with a subpoena issued under subparagraph 
     (A)(i); or
       ``(II) to prevail in proceedings before--

       ``(aa) the appropriate district court of the United States 
     after challenging a subpoena described in subclause (I) under 
     subparagraph (A)(iv)(I); or
       ``(bb) a court of appeals of the United States after 
     appealing a decision of a district court of the United States 
     under item (aa).
       ``(ii) Limitation on liability.--A covered financial 
     institution shall not be liable to any person in any court or 
     arbitration proceeding for--

       ``(I) terminating a correspondent relationship under this 
     subparagraph; or
       ``(II) complying with a nondisclosure order under 
     subparagraph (C).

       ``(iii) Failure to terminate relationship.--A covered 
     financial institution that fails to terminate a correspondent 
     relationship under clause (i) shall be liable for a civil 
     penalty in an amount that is not more than $25,000 for each 
     day that the covered financial institution fails to terminate 
     the relationship.
       ``(F) Enforcement of civil penalties.--Upon application by 
     the United States, any funds held in the correspondent 
     account of a foreign bank that is maintained in the United 
     States with a covered financial institution may be seized by 
     the United States to satisfy any civil penalties that are 
     imposed--
       ``(i) under subparagraph (C)(ii); or
       ``(ii) by a court for contempt under subparagraph (D).''.
       (b) Fair Credit Reporting Act Amendment.--Section 604(a)(1) 
     of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is 
     amended--
       (1) by striking ``, or a'' and inserting ``, a''; and
       (2) by inserting ``, or a subpoena issued in accordance 
     with section 5318 of title 31, United States Code, or section 
     3486 of title 18, United States Code'' after ``grand jury''.
       (c) Obstruction of Justice.--Section 1510(b)(3)(B) of title 
     18, United States Code, is amended--
       (1) in the matter preceding clause (i), by striking ``or a 
     Department of Justice subpoena (issued under section 3486 of 
     title 18)'' and inserting ``, a subpoena issued under section 
     3486 of this title, or an order or subpoena issued in 
     accordance with section 3512 of this title, section 5318 of 
     title 31, or section 1782 of title 28''; and
       (2) in clause (i), by inserting ``, 1960, an offense 
     against a foreign nation constituting specified unlawful 
     activity under section 1956, a foreign offense for which 
     enforcement of a foreign forfeiture judgment could be brought 
     under section 2467 of title 28'' after ``1957''.
       (d) Right to Financial Privacy Act.--Section 1120(b)(1)(A) 
     of the Right to Financial Privacy Act of 1978 (12 U.S.C. 
     3420(b)(1)(A)) is amended--
       (1) by striking ``or 1957 of title 18'' and inserting ``, 
     1957, or 1960 of title 18, United States Code''; and
       (2) by striking ``and 5324 of title 31'' and inserting ``, 
     5322, 5324, 5331, and 5332 of title 31, United States Code''.

     SEC. 5308. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT 
                   VIOLATORS.

       Section 5321 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(f) Additional Damages for Repeat Violators.--In addition 
     to any other fines permitted under this section and section 
     5322, with respect to a person who has previously violated a 
     provision of (or rule issued under) this subchapter, section 
     21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b), or 
     section 123 of Public Law 91-508 (12 U.S.C. 1953), the 
     Secretary of the Treasury, if practicable, may impose an 
     additional civil penalty against such person for each 
     additional such violation in an amount that is not more than 
     the greater of--
       ``(1) if practicable to calculate, 3 times the profit 
     gained or loss avoided by such person as a result of the 
     violation; or
       ``(2) 2 times the maximum penalty with respect to the 
     violation.''.

     SEC. 5309. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF 
                   UNITED STATES FINANCIAL INSTITUTIONS.

       (a) In General.--Section 5321 of title 31, United States 
     Code, as amended by section 5308 of this division, is amended 
     by adding at the end the following:
       ``(g) Certain Violators Barred From Serving on Boards of 
     United States Financial Institutions.--
       ``(1) Definition.--In this subsection, the term `egregious 
     violation' means, with respect to an individual--
       ``(A) a criminal violation--
       ``(i) for which the individual is convicted; and
       ``(ii) for which the maximum term of imprisonment is more 
     than 1 year; and
       ``(B) a civil violation in which--
       ``(i) the individual willfully committed the violation; and
       ``(ii) the violation facilitated money laundering or the 
     financing of terrorism.
       ``(2) Bar.--An individual found to have committed an 
     egregious violation of the Bank Secrecy Act, as defined in 
     section 5003 of the Anti-Money Laundering Act of 2020, or any 
     rules issued under the Bank Secrecy Act, shall be barred from 
     serving on the board of directors of a United States 
     financial institution during the 10-year period that begins 
     on the date on which the conviction or judgment, as 
     applicable, with respect to the egregious violation is 
     entered.''.
       (b) Rule of Construction.--Nothing in the amendment made by 
     subsection (a) shall be construed to limit the application of 
     section 19 of the Federal Deposit Insurance Act (12 U.S.C. 
     1829).

     SEC. 5310. DEPARTMENT OF JUSTICE REPORT ON DEFERRED AND NON-
                   PROSECUTION AGREEMENTS.

       (a) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act, and for each of the 4 years 
     thereafter, the Attorney General shall submit to the 
     appropriate committees of Congress a report that contains--
       (1) a list of deferred prosecution agreements and non-
     prosecution agreements that the Attorney General has entered 
     into during the year covered by the report with any person 
     with respect to a violation or suspected violation of the 
     Bank Secrecy Act (referred to in this subsection as ``covered 
     agreements'');
       (2) the justification for entering into each covered 
     agreement;
       (3) the list of factors that were taken into account in 
     determining that the Attorney General should enter into each 
     covered agreement; and
       (4) the extent of coordination the Attorney General 
     conducted with the Secretary of the Treasury, Federal 
     functional regulators, or State regulators before entering 
     into each covered agreement.
       (b) Classified Annex.--Each report submitted under 
     subsection (a) may include a classified annex.
       (c) Definition.--In this section, the term ``appropriate 
     committees of Congress'' means--
       (1) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;

[[Page S3599]]

       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Financial Services of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.

     SEC. 5311. RETURN OF PROFITS AND BONUSES.

       (a) In General.--Section 5322 of title 31, United States 
     Code, is amended by adding at the end the following:
       ``(e) A person convicted of violating a provision of (or 
     rule issued under) the Bank Secrecy Act, as defined in 
     section 5003 of the Anti-Money Laundering Act of 2020, 
     shall--
       ``(1) in addition to any other fine under this section, be 
     fined in an amount that is equal to the profit gained by such 
     person by reason of such violation, as determined by the 
     court; and
       ``(2) if the person is an individual who was a partner, 
     director, officer, or employee of a financial institution at 
     the time the violation occurred, repay to such financial 
     institution any bonus paid to the individual during the 
     calendar year in which the violation occurred or the calendar 
     year after which the violation occurred.''.
       (b) Rule of Construction.--The amendment made by subsection 
     (a) may not be construed to prohibit a financial institution 
     from requiring the repayment of a bonus paid to a partner, 
     director, officer, or employee if the financial institution 
     determines that the partner, director, officer, or employee 
     engaged in unethical, but non-criminal, activities.

     SEC. 5312. PROHIBITION ON CONCEALMENT OF THE SOURCE OF ASSETS 
                   IN MONETARY TRANSACTIONS.

       (a) In General.--Subchapter II of chapter 53 of title 31, 
     United States Code, as amended by sections 5305(a)(1) and 
     5306(a) of this division, is amended by adding at the end the 
     following:

     ``Sec. 5335. Prohibition on concealment of the source of 
       assets in monetary transactions

       ``(a) Definition of Monetary Transaction.--In this section, 
     the term the term `monetary transaction'--
       ``(1) means the deposit, withdrawal, transfer, or exchange, 
     in or affecting interstate or foreign commerce, of funds or a 
     monetary instrument (as defined in section 1956(c)(5) of 
     title 18) by, through, or to a financial institution (as 
     defined in section 1956(c)(6) of title 18);
       ``(2) includes any transaction that would be a financial 
     transaction under section 1956(c)(4)(B) of title 18; and
       ``(3) does not include any transaction necessary to 
     preserve the right to representation of a person as 
     guaranteed by the Sixth Amendment to the Constitution of the 
     United States.
       ``(b) Prohibition.--No person shall knowingly conceal, 
     falsify, or misrepresent, or attempt to conceal, falsify, or 
     misrepresent, from or to a financial institution, a material 
     fact concerning the ownership or control of assets involved 
     in a monetary transaction if--
       ``(1) the person or entity who owns or controls the assets 
     is a senior foreign political figure, or any immediate family 
     member or close associate of a senior foreign political 
     figure, as set forth in this title or the regulations 
     promulgated under this title; and
       ``(2) the aggregate value of the assets involved in 1 or 
     more monetary transactions is not less than $1,000,000.
       ``(c) Source of Funds.--No person shall knowingly conceal, 
     falsify, or misrepresent, or attempt to conceal, falsify, or 
     misrepresent, from or to a financial institution, a material 
     fact concerning the source of funds in a monetary transaction 
     that--
       ``(1) involves an entity found to be a primary money 
     laundering concern under section 5318A or the regulations 
     promulgated under this title; and
       ``(2) violates the prohibitions or conditions prescribed 
     under section 5318A(b)(5) or the regulations promulgated 
     under this title.
       ``(d) Penalties.--A person convicted of an offense under 
     subsection (b) or (c), or a conspiracy to commit an offense 
     under subsection (b) or (c), shall be imprisoned for not more 
     than 10 years, fined not more than $1,000,000, or both.
       ``(e) Forfeiture.--
       ``(1) Criminal forfeiture.--
       ``(A) In general.--The court, in imposing a sentence under 
     subsection (d), shall order that the defendant forfeit to the 
     United States any property involved in the offense and any 
     property traceable thereto.
       ``(B) Procedure.--The seizure, restraint, and forfeiture of 
     property under this paragraph shall be governed by section 
     413 of the Controlled Substances Act (21 U.S.C. 853).
       ``(2) Civil forfeiture.--
       ``(A) In general.--Any property involved in a violation of 
     subsection (b) or (c), or a conspiracy to commit a violation 
     of subsection (b) or (c), and any property traceable thereto 
     may be seized and forfeited to the United States.
       ``(B) Procedure.--Seizures and forfeitures under this 
     paragraph shall be governed by the provisions of chapter 46 
     of title 18 relating to civil forfeitures, except that such 
     duties, under the customs laws described in section 981(d) of 
     title 18, given to the Secretary of the Treasury shall be 
     performed by such officers, agents, and other persons as may 
     be designated for that purpose by the Secretary of Homeland 
     Security or the Attorney General.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 53 of title 31, United States Code, as 
     amended by sections 5305(b)(1) and 5306(b) of this division, 
     is amended by adding at the end the following:

``5335. Prohibition on concealment of the source of assets in monetary 
                                                       ================  



     SEC. 5313. UPDATING WHISTLEBLOWER INCENTIVES AND PROTECTION.

       (a) Whistleblower Incentives and Protection.--
       (1) In general.--Section 5323 of title 31, United States 
     Code, is amended to read as follows:

     ``Sec. 5323. Whistleblower incentives and protections

       ``(a) Definitions.--In this section:
       ``(1) Covered judicial or administrative action.--The term 
     `covered judicial or administrative action' means any 
     judicial or administrative action brought by the Secretary of 
     the Treasury (referred to in this section as the `Secretary') 
     or the Attorney General under this subchapter or subchapter 
     III that results in monetary sanctions exceeding $1,000,000.
       ``(2) Fund.--The term `Fund' means the Anti-Money 
     Laundering and Counter-Terrorism Financing Fund established 
     under subsection (g).
       ``(3) Monetary sanctions.--The term `monetary sanctions', 
     when used with respect to any judicial or administrative 
     action--
       ``(A) means any monies, including penalties, disgorgement, 
     and interest, ordered to be paid; and
       ``(B) does not include--
       ``(i) forfeiture;
       ``(ii) restitution; or
       ``(iii) any victim compensation payment.
       ``(4) Original information.--The term `original 
     information' means information that--
       ``(A) is derived from the independent knowledge or analysis 
     of a whistleblower;
       ``(B) is not known to the Secretary or the Attorney General 
     from any other source, unless the whistleblower is the 
     original source of the information; and
       ``(C) is not exclusively derived from an allegation made in 
     a judicial or administrative hearing, in a governmental 
     report, hearing, audit, or investigation, or from the news 
     media, unless the whistleblower is a source of the 
     information.
       ``(5) Related action.--The term `related action', when used 
     with respect to any judicial or administrative action brought 
     by the Secretary or the Attorney General under this 
     subchapter or subchapter III, means any judicial or 
     administrative action brought by an entity described in any 
     of subclauses (I) through (IV) of subsection (h)(4)(D)(i) 
     that is based upon the original information provided by a 
     whistleblower pursuant to subsection (b) that led to the 
     successful enforcement of the action by the Secretary or the 
     Attorney General.
       ``(6) Whistleblower.--
       ``(A) In general.--The term `whistleblower' means any 
     individual who provides, or 2 or more individuals acting 
     jointly who provide, information relating to a violation of 
     this subchapter or subchapter III to the Secretary or the 
     Attorney General, in a manner established, by rule or 
     regulation, by the Secretary, in consultation with the 
     Attorney General.
       ``(B) Special rule.--Solely for the purposes of subsection 
     (h)(1), the term `whistleblower' includes any individual who 
     takes, or 2 or more individuals acting jointly who take, an 
     action described in subsection (h)(1)(A).
       ``(b) Awards.--
       ``(1) In general.--In any covered judicial or 
     administrative action, or related action, the Secretary, 
     under regulations prescribed by the Secretary, in 
     consultation with the Attorney General and subject to 
     subsection (c), shall pay an award or awards to 1 or more 
     whistleblowers who voluntarily provided original information 
     to the Secretary or the Attorney General, as applicable, that 
     led to the successful enforcement of the covered judicial or 
     administrative action, or related action, in an aggregate 
     amount equal to--
       ``(A) not less than 10 percent, in total, of what has been 
     collected of the monetary sanctions imposed in the action or 
     related actions; and
       ``(B) not more than 30 percent, in total, of what has been 
     collected of the monetary sanctions imposed in the action or 
     related actions.
       ``(2) Payment of awards.--Any amount paid under paragraph 
     (1) shall be paid from the Fund.
       ``(c) Determination of Amount of Award; Denial of Award.--
       ``(1) Determination of amount of award.--
       ``(A) Discretion.--The determination of the amount of an 
     award made under subsection (b) shall be in the discretion of 
     the Secretary.
       ``(B) Criteria.--In determining the amount of an award made 
     under subsection (b), the Secretary--
       ``(i) shall take into consideration--

       ``(I) the significance of the information provided by the 
     whistleblower to the success of the covered judicial or 
     administrative action;
       ``(II) the degree of assistance provided by the 
     whistleblower and any legal representative of the 
     whistleblower in a covered judicial or administrative action;

[[Page S3600]]

       ``(III) the programmatic interest of the Department of the 
     Treasury in deterring violations of this subchapter and 
     subchapter III by making awards to whistleblowers who provide 
     information that lead to the successful enforcement of either 
     such subchapter; and
       ``(IV) such additional relevant factors as the Secretary, 
     in consultation with the Attorney General, may establish by 
     rule or regulation; and

       ``(ii) shall not take into consideration the balance of the 
     Fund.
       ``(2) Denial of award.--No award under subsection (b) may 
     be made--
       ``(A) to any whistleblower who is, or was at the time the 
     whistleblower acquired the original information submitted to 
     the Secretary or the Attorney General, as applicable, a 
     member, officer, or employee of--
       ``(i) an appropriate regulatory agency;
       ``(ii) the Department of the Treasury or the Department of 
     Justice; or
       ``(iii) a law enforcement agency;
       ``(B) to any whistleblower who is convicted of a criminal 
     violation related to the judicial or administrative action 
     for which the whistleblower otherwise could receive an award 
     under this section; or
       ``(C) to any whistleblower who fails to submit information 
     to the Secretary or the Attorney General, as applicable, in 
     such form as the Secretary, in consultation with the Attorney 
     General, may, by rule, require.
       ``(d) Representation.--
       ``(1) Permitted representation.--Any whistleblower who 
     makes a claim for an award under subsection (b) may be 
     represented by counsel.
       ``(2) Required representation.--
       ``(A) In general.--Any whistleblower who anonymously makes 
     a claim for an award under subsection (b) shall be 
     represented by counsel if the whistleblower anonymously 
     submits the information upon which the claim is based.
       ``(B) Disclosure of identity.--Before the payment of an 
     award, a whistleblower shall disclose the identity of the 
     whistleblower and provide such other information as the 
     Secretary may require, directly or through counsel for the 
     whistleblower.
       ``(e) No Contract Necessary.--No contract with the 
     Department of the Treasury is necessary for any whistleblower 
     to receive an award under subsection (b), unless otherwise 
     required by the Secretary by rule or regulation.
       ``(f) Appeals.--
       ``(1) In general.--Any determination made under this 
     section, including whether, to whom, or in what amount to 
     make awards, shall be in the discretion of the Secretary.
       ``(2) Requirements.--
       ``(A) In general.--Any determination described in paragraph 
     (1), except the determination of the amount of an award if 
     the award was made in accordance with subsection (b), may be 
     appealed to the appropriate court of appeals of the United 
     States not more than 30 days after the determination is 
     issued by the Secretary.
       ``(B) Scope of review.--The court to which a determination 
     by the Secretary is appealed under subparagraph (A) shall 
     review the determination in accordance with section 706 of 
     title 5.
       ``(g) Anti-money Laundering and Counter-terrorism Financing 
     Fund.--
       ``(1) Fund established.--There is established in the 
     Treasury of the United States a fund to be known as the 
     `Anti-Money Laundering and Counter-Terrorism Financing Fund'.
       ``(2) Use of fund.--The Fund shall be available to the 
     Secretary, without further appropriation or fiscal year 
     limitation, for paying awards to whistleblowers as provided 
     in subsection (b).
       ``(3) Deposits and credits.--
       ``(A) In general.--There shall be deposited into or 
     credited to the Fund an amount equal to--
       ``(i) any monetary sanction collected by the Secretary or 
     the Attorney General in any judicial or administrative action 
     brought by the applicable such official under this subchapter 
     or subchapter III; and
       ``(ii) all income from investments made under paragraph 
     (4).
       ``(B) Additional amounts.--If the amounts deposited into or 
     credited to the Fund under subparagraph (A) are not 
     sufficient to satisfy an award made under subsection (b), 
     there shall be deposited into or credited to the Fund an 
     amount equal to the unsatisfied portion of the award from any 
     monetary sanction collected by the Secretary or the Attorney 
     General, as applicable, in the covered judicial or 
     administrative action on which the award is based.
       ``(4) Investments.--
       ``(A) Amounts in fund may be invested.--The Secretary may 
     invest the portion of the Fund that is not, in the discretion 
     of the Secretary, required to meet the current needs of the 
     Fund.
       ``(B) Eligible investments.--Investments shall be made by 
     the Secretary in obligations of the United States or 
     obligations that are guaranteed as to principal and interest 
     by the United States, with maturities suitable to the needs 
     of the Fund, as determined by the Secretary.
       ``(C) Interest and proceeds credited.--The interest on, and 
     the proceeds from the sale or redemption of, any obligations 
     held in the Fund shall be credited to the Fund.
       ``(5) Reports to congress.--
       ``(A) In general.--Not later than October 30 of each fiscal 
     year beginning after the date of enactment of the Anti-Money 
     Laundering Act of 2020, the Secretary shall submit to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives a report on--
       ``(i) the whistleblower award program established under 
     this section, including--

       ``(I) a description of the number of awards granted; and
       ``(II) the types of cases in which awards were granted 
     during the preceding fiscal year;

       ``(ii) the balance of the Fund at the beginning of the 
     preceding fiscal year;
       ``(iii) the amounts deposited into or credited to the Fund 
     during the preceding fiscal year;
       ``(iv) the amount of earnings on investments made under 
     paragraph (4) during the preceding fiscal year;
       ``(v) the amount paid from the Fund during the preceding 
     fiscal year to whistleblowers pursuant to subsection (b);
       ``(vi) the balance of the Fund at the end of the preceding 
     fiscal year; and
       ``(vii) a complete set of audited financial statements, 
     including--

       ``(I) a balance sheet;
       ``(II) income statement; and
       ``(III) cash flow analysis.

       ``(B) Exception.--The Secretary may withhold any 
     information required to be reported under subparagraph (A) as 
     appropriate for any case involving national security or 
     privacy concerns.
       ``(h) Protection of Whistleblowers.--
       ``(1) Prohibition against retaliation.--No employer may, 
     directly or indirectly, discharge, demote, suspend, threaten, 
     harass, or in any other manner discriminate against a 
     whistleblower in the terms and conditions of employment 
     because of any lawful act done by the whistleblower--
       ``(A) in providing information to the Secretary or the 
     Attorney General in accordance with this section;
       ``(B) in initiating, testifying in, or assisting in any 
     investigation or judicial or administrative action of the 
     Department of the Treasury or the Department of Justice based 
     upon or related to the information described in subparagraph 
     (A); or
       ``(C) in providing information regarding any conduct that 
     the whistleblower reasonably believes constitutes a violation 
     of any law, rule, or regulation subject to the jurisdiction 
     of the Department of the Treasury, or a violation of section 
     1956, 1957, or 1960 of title 18 (or any rule or regulation 
     under any such provision), to--
       ``(i) a person with supervisory authority over the 
     whistleblower at the employer of the whistleblower; or
       ``(ii) another individual working for the employer 
     described in clause (i) who the whistleblower reasonably 
     believes has the authority to--

       ``(I) investigate, discover, or terminate the misconduct; 
     or
       ``(II) take any other action to address the misconduct.

       ``(2) Enforcement.--Any individual who alleges discharge or 
     other discrimination, or is otherwise aggrieved by an 
     employer, in violation of paragraph (1), may seek relief by--
       ``(A) filing a complaint with the Secretary of Labor in 
     accordance with the requirements of this subsection; or
       ``(B) if the Secretary of Labor has not issued a final 
     decision within 180 days of the filing of a complaint under 
     subparagraph (A), and there is no showing that such a delay 
     is due to the bad faith of the claimant, bringing an action 
     against the employer at law or in equity in the appropriate 
     district court of the United States, which shall have 
     jurisdiction over such an action without regard to the amount 
     in controversy.
       ``(3) Procedure.--
       ``(A) Department of labor complaint.--
       ``(i) In general.--Except as provided in clause (ii) and 
     subparagraph (C), the requirements under section 42121(b) of 
     title 49, including the legal burdens of proof described in 
     such section 42121(b), shall apply with respect to a 
     complaint filed under paragraph (2)(A) by an individual 
     against an employer.
       ``(ii) Exception.--With respect to a complaint filed under 
     paragraph (2)(A), notification required to be made under 
     section 42121(b)(1) of title 49 shall be made to each person 
     named in the complaint, including the employer.
       ``(B) District court complaint.--
       ``(i) Jury trial.--A party to an action brought under 
     paragraph (2)(B) shall be entitled to trial by jury.
       ``(ii) Statute of limitations.--

       ``(I) In general.--An action may not be brought under 
     paragraph (2)(B)--

       ``(aa) more than 6 years after the date on which the 
     violation of paragraph (1) occurs; or
       ``(bb) more than 3 years after the date on which when facts 
     material to the right of action are known, or reasonably 
     should have been known, by the employee alleging a violation 
     of paragraph (1).

       ``(II) Required action within 10 years.--Notwithstanding 
     subclause (I), an action under paragraph (2)(B) may not in 
     any circumstance be brought more than 10 years after the date 
     on which the violation occurs.

       ``(C) Relief.--Relief for an individual prevailing with 
     respect to a complaint filed under subparagraph (A) of 
     paragraph (2) or an action brought under subparagraph (B) of 
     that paragraph shall include--
       ``(i) reinstatement with the same seniority status that the 
     individual would have had,

[[Page S3601]]

     but for the conduct that is the subject of the complaint or 
     action, as applicable;
       ``(ii) 2 times the amount of back pay otherwise owed to the 
     individual, with interest;
       ``(iii) the payment of compensatory damages, which shall 
     include compensation for litigation costs, expert witness 
     fees, and reasonable attorneys' fees; and
       ``(iv) any other appropriate remedy with respect to the 
     conduct that is the subject of the complaint or action, as 
     applicable.
       ``(4) Confidentiality.--
       ``(A) In general.--Except as provided in subparagraphs (C) 
     and (D), the Secretary or the Attorney General, as 
     applicable, and any officer or employee of the Department of 
     the Treasury or the Department of Justice, shall not disclose 
     any information, including information provided by a 
     whistleblower to either such official, which could reasonably 
     be expected to reveal the identity of a whistleblower, except 
     in accordance with the provisions of section 552a of title 5, 
     unless and until required to be disclosed to a defendant or 
     respondent in connection with a public proceeding instituted 
     by the appropriate such official or any entity described in 
     subparagraph (D).
       ``(B) Exempted statute.--For purposes of section 552 of 
     title 5, this paragraph shall be considered a statute 
     described in subsection (b)(3)(B) of such section 552.
       ``(C) Rule of construction.--Nothing in this section is 
     intended to limit, or shall be construed to limit, the 
     ability of the Attorney General to present such evidence to a 
     grand jury or to share such evidence with potential witnesses 
     or defendants in the course of an ongoing criminal 
     investigation.
       ``(D) Availability to government agencies.--
       ``(i) In general.--Without the loss of its status as 
     confidential in the hands of the Secretary or the Attorney 
     General, as applicable, all information referred to in 
     subparagraph (A) may, in the discretion of the appropriate 
     such official, when determined by that official to be 
     necessary to accomplish the purposes of this subchapter, be 
     made available to--

       ``(I) any appropriate Federal authority;
       ``(II) a State attorney general in connection with any 
     criminal investigation;
       ``(III) any appropriate State regulatory authority; and
       ``(IV) a foreign law enforcement authority.

       ``(ii) Confidentiality.--

       ``(I) In general.--Each of the entities described in 
     subclauses (I) through (III) of clause (i) shall maintain 
     such information as confidential in accordance with the 
     requirements established under subparagraph (A).
       ``(II) Foreign authorities.--Each entity described in 
     clause (i)(IV) shall maintain such information in accordance 
     with such assurances of confidentiality as determined by the 
     Secretary or Attorney General, as applicable.

       ``(5) Rights retained.--Nothing in this section shall be 
     deemed to diminish the rights, privileges, or remedies of any 
     whistleblower under any Federal or State law or under any 
     collective bargaining agreement.
       ``(6) Coordination with other provisions of law.--This 
     subsection shall not apply with respect to any employer that 
     is subject to section 33 of the Federal Deposit Insurance Act 
     (12 U.S.C. 1831j) or section 213 or 214 of the Federal Credit 
     Union Act (12 U.S.C. 1790b, 1790c).
       ``(i) Provision of False Information.--A whistleblower 
     shall not be entitled to an award under this section if the 
     whistleblower--
       ``(1) knowingly and willfully makes any false, fictitious, 
     or fraudulent statement or representation; or
       ``(2) uses any false writing or document knowing the 
     writing or document contains any false, fictitious, or 
     fraudulent statement or entry.
       ``(j) Rulemaking Authority.--The Secretary, in consultation 
     with the Attorney General, shall have the authority to issue 
     such rules and regulations as may be necessary or appropriate 
     to implement the provisions of this section consistent with 
     the purposes of this section.
       ``(k) Nonenforceability of Certain Provisions Waiving 
     Rights and Remedies or Requiring Arbitration of Disputes.--
       ``(1) Waiver of rights and remedies.--The rights and 
     remedies provided for in this section may not be waived by 
     any agreement, policy form, or condition of employment, 
     including by a predispute arbitration agreement.
       ``(2) Predispute arbitration agreements.--No predispute 
     arbitration agreement shall be valid or enforceable, if the 
     agreement requires arbitration of a dispute arising under 
     this section.''.
       (b) Repeal of Section 5328 of Title 31.--Section 5328 of 
     title 31, United States Code, is repealed.
       (c) Technical and Conforming Amendments.--The table of 
     sections for subchapter II of chapter 53 of title 31, United 
     States Code, is amended--
       (1) by striking the item relating to section 5323 and 
     inserting the following:

                                                       ================  


       (2) by striking the item relating to section 5328.

  TITLE LIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING 
                              REQUIREMENTS

     SEC. 5401. FINDINGS.

       Congress finds the following:
       (1) More than 2,000,000 corporations and limited liability 
     companies are being formed under the laws of the States each 
     year.
       (2) Most or all States do not require information about the 
     beneficial owners of the corporations, limited liability 
     companies, or other similar entities formed under the laws of 
     the State.
       (3) Malign actors seek to conceal their ownership of 
     corporations, limited liability companies, or other similar 
     entities in the United States to facilitate illicit activity, 
     including money laundering, the financing of terrorism, 
     proliferation financing, serious tax fraud, human and drug 
     trafficking, counterfeiting, piracy, securities fraud, 
     financial fraud, and acts of foreign corruption, harming the 
     national security interests of the United States and allies 
     of the United States.
       (4) Money launderers and others involved in commercial 
     activity intentionally conduct transactions through corporate 
     structures in order to evade detection, and may layer such 
     structures, much like Russian nesting ``Matryoshka'' dolls, 
     across various secretive jurisdictions such that each time an 
     investigator obtains ownership records for a domestic or 
     foreign entity, the newly identified entity is yet another 
     corporate entity, necessitating a repeat of the same process.
       (5) National security, intelligence, and law enforcement 
     investigations have been consistently impeded by an inability 
     to reliably and promptly obtain information identifying the 
     individuals who ultimately own corporations, limited 
     liability companies, or other similar entities suspected of 
     engaging in illicit activity, as documented in reports and 
     testimony by officials from the Department of Justice, the 
     Department of Homeland Security, the Department of the 
     Treasury, the Government Accountability Office, and other 
     agencies.
       (6) In July 2006, the leading international anti-money 
     laundering standard-setting body, the Financial Action Task 
     Force on Money Laundering (in this section referred to as 
     ``FATF''), of which the United States is a member, issued a 
     report that criticized the United States for failing to 
     comply with a FATF standard on the need to collect beneficial 
     ownership information and urged the United States to correct 
     this deficiency by July 2008.
       (7) In December 2016, FATF issued another evaluation of the 
     United States, which found that little progress had been made 
     over the last 10 years to address this problem. FATF 
     identified the ``[l]ack of timely access to adequate, 
     accurate and current beneficial ownership (BO) information'' 
     as a ``fundamental gap[]'' in efforts of the United States to 
     counter money laundering and the financing of terrorism.
       (8) In contrast to practices in the United States, all 27 
     countries in the European Union are required to have 
     corporate registries that include beneficial ownership 
     information. The United Kingdom, its 3 crown dependencies, 
     and 14 overseas territories also require such registries.
       (9) According to the 2020 National Strategy for Combating 
     Terrorist and other Illicit Finance issued by the Department 
     of the Treasury, ``Misuse of legal entities to hide a 
     criminal beneficial owner or illegal source of funds 
     continues to be a common, if not the dominant, feature of 
     illicit finance schemes, especially those involving money 
     laundering, predicate offences, tax evasion, and 
     proliferation financing.''.
       (10) Federal legislation providing for the collection of 
     beneficial ownership information for corporations, limited 
     liability companies, or other similar entities formed under 
     the laws of the States is needed to--
       (A) set a clear, Federal standard for incorporation 
     practices;
       (B) protect vital Unites States national security 
     interests;
       (C) protect interstate and foreign commerce;
       (D) better enable critical national security, intelligence, 
     and law enforcement efforts to counter money laundering, the 
     financing of terrorism, and other illicit activity; and
       (E) bring the United States into compliance with 
     international anti-money laundering and countering the 
     financing of terrorism standards.

     SEC. 5402. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) beneficial ownership information collected under the 
     amendments made by this title is sensitive information and 
     will be directly available only to authorized government 
     authorities, subject to effective safeguards and controls, 
     to--
       (A) facilitate important national security, intelligence, 
     and law enforcement activities; and
       (B) confirm beneficial ownership information provided to 
     financial institutions to facilitate the compliance of the 
     institutions with customer due-diligence requirements under 
     applicable law;
       (2) consistent with applicable law, the Secretary of the 
     Treasury shall--
       (A) maintain the information described in paragraph (1) in 
     a secure, nonpublic database, using information security 
     methods and techniques that are appropriate to protect 
     nonclassified information systems at the highest security 
     level; and
       (B) take all steps, including regular auditing, to ensure 
     that government authorities accessing beneficial ownership 
     information

[[Page S3602]]

     do so only for authorized purposes consistent with this 
     section; and
       (3) in prescribing regulations to provide for the reporting 
     of beneficial ownership information, the Secretary shall, to 
     the greatest extent practicable consistent with the purposes 
     of this title--
       (A) seek to minimize burdens on reporting companies 
     associated with the collection of beneficial ownership 
     information;
       (B) provide clarity to reporting companies concerning the 
     identification of their beneficial ownership; and
       (C) collect information in a form and manner that is 
     reasonably designed to generate a database that is highly 
     useful to national security, intelligence, and law 
     enforcement agencies, and Federal functional regulators.

     SEC. 5403. BENEFICIAL OWNERSHIP INFORMATION REPORTING 
                   REQUIREMENTS.

       (a) In General.--Subchapter II of chapter 53 of title 31, 
     United States Code, as amended by sections 5305(a)(1), 
     5306(a), and 5313(a) of this division, is amended by adding 
     at the end the following:

     ``Sec. 5336. Beneficial ownership information reporting 
       requirements

       ``(a) Definitions.--In this section:
       ``(1) Acceptable identification document.--The term 
     `acceptable identification document' means, with respect to 
     an individual--
       ``(A) a nonexpired passport issued by the United States;
       ``(B) a nonexpired identification document issued by a 
     State, local government, or Indian Tribe to the individual 
     acting for the purpose of identification of that individual;
       ``(C) a nonexpired driver's license issued by a State; or
       ``(D) if the individual does not have a document described 
     in subparagraph (A), (B), or (C), a nonexpired passport 
     issued by a foreign government.
       ``(2) Applicant.--The term `applicant' means any individual 
     who--
       ``(A) files an application to form a corporation, limited 
     liability company, or other similar entity under the laws of 
     a State or Indian Tribe; or
       ``(B) registers a corporation, limited liability company, 
     or other similar entity formed under the laws of a foreign 
     country to do business in a State by filing a document with 
     the secretary of state or similar office under the law of the 
     State.
       ``(3) Beneficial owner.--The term `beneficial owner'--
       ``(A) means, with respect to an entity, an individual who 
     directly or indirectly, through any contract, arrangement, 
     understanding, relationship, or otherwise--
       ``(i) exercises substantial control over the entity; or
       ``(ii) owns not less than 25 percent of the equity 
     interests of the entity; and
       ``(B) does not include--
       ``(i) a minor child, as defined in the State in which the 
     entity is formed, if the information of the parent or 
     guardian of the minor child is reported in accordance with 
     this section;
       ``(ii) an individual acting as a nominee, intermediary, 
     custodian, or agent on behalf of another individual;
       ``(iii) an individual acting solely as an employee of a 
     corporation, limited liability company, or other similar 
     entity and whose control over or economic benefits from such 
     entity is derived solely from the employment status of the 
     person;
       ``(iv) an individual whose only interest in a corporation, 
     limited liability company, or other similar entity is through 
     a right of inheritance; or
       ``(v) a creditor of a corporation, limited liability 
     company, or other similar entity, unless the creditor meets 
     the requirements of subparagraph (A).
       ``(4) Director.--The term `Director' means the Director of 
     FinCEN.
       ``(5) FinCEN.--The term `FinCEN' means the Financial Crimes 
     Enforcement Network of the Department of the Treasury.
       ``(6) FinCEN identifier.--The term `FinCEN identifier' 
     means the unique identifying number assigned by FinCEN to a 
     person under this section.
       ``(7) Foreign person.--The term `foreign person' means a 
     person who is not a United States person, as defined in 
     section 7701(a) of the Internal Revenue Code of 1986.
       ``(8) Indian tribe.--The term `Indian Tribe' has the 
     meaning given the term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
       ``(9) Lawfully admitted for permanent residence.--The term 
     `lawfully admitted for permanent residence' has the meaning 
     given the term in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)).
       ``(10) Pooled investment vehicle.--The term `pooled 
     investment vehicle' means--
       ``(A) any investment company, as defined in section 3(a) of 
     the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)); or
       ``(B) any company that--
       ``(i) would be an investment company under that section but 
     for the exclusion provided from that definition by paragraph 
     (1) or (7) of section 3(c) of that Act (15 U.S.C. 80a-3(c)); 
     and
       ``(ii) is identified by its legal name by the applicable 
     investment adviser in its Form ADV (or successor form) filed 
     with the Securities and Exchange Commission.
       ``(11) Reporting company.--The term `reporting company'--
       ``(A) means a corporation, limited liability company, or 
     other similar entity that is--
       ``(i) created by the filing of a document with a secretary 
     of state or a similar office under the law of a State or 
     Indian Tribe; or
       ``(ii) formed under the law of a foreign country and 
     registered to do business in a State by the filing of a 
     document with a secretary of state or a similar office under 
     the law of the State; and
       ``(B) does not include--
       ``(i) an issuer--

       ``(I) of a class of securities registered under section 12 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78l); or
       ``(II) that is required to file supplementary and periodic 
     information under section 15(d) of the Securities Exchange 
     Act of 1934 (15 U.S.C. 78o(d));

       ``(ii) an entity--

       ``(I) established under the laws of the United States, an 
     Indian Tribe, a State, or a political subdivision of a State, 
     or under an interstate compact between 2 or more States; and
       ``(II) that exercises governmental authority on behalf of 
     the United States or any such Indian Tribe, State, or 
     political subdivision;

       ``(iii) a depository institution (as defined in section 3 
     of the Federal Deposit Insurance Act (12 U.S.C. 1813));
       ``(iv) a Federal credit union or a State credit union (as 
     those terms are defined in section 101 of the Federal Credit 
     Union Act (12 U.S.C. 1752));
       ``(v) a bank holding company (as defined in section 2 of 
     the Bank Holding Company Act of 1956 (12 U.S.C. 1841)), or a 
     savings and loan holding company (as defined in section 10(a) 
     of the Home Owners' Loan Act (12 U.S.C. 1467a(a)));
       ``(vi) a money transmitting business registered with the 
     Secretary of the Treasury under section 5330;
       ``(vii) a broker or dealer (as those terms are defined in 
     section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c)), that is registered under section 15 of that Act (15 
     U.S.C. 78o);
       ``(viii) an exchange or clearing agency (as those terms are 
     defined in section 3 of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c)) that is registered under section 6 or 17A of 
     that Act (15 U.S.C. 78f, 78q-1);
       ``(ix) any other entity not described in clause (i), (vii), 
     or (viii) that is registered with the Securities and Exchange 
     Commission under the Securities Exchange Act of 1934 (15 
     U.S.C. 78a et seq.);
       ``(x) a person that--

       ``(I) is an investment company (as defined in section 3 of 
     the Investment Company Act of 1940 (15 U.S.C. 80a-3)) or an 
     investment adviser (as defined in section 202 of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b-2)); and
       ``(II) is registered with the Securities and Exchange 
     Commission under the Investment Company Act of 1940 (15 
     U.S.C. 80a-1 et seq.) or the Investment Advisers Act of 1940 
     (15 U.S.C. 80b-1 et seq.);

       ``(xi) an investment adviser--

       ``(I) described in section 203(l) of the Investment 
     Advisers Act of 1940 (15 U.S.C. 80b-3(l)); and
       ``(II) that has filed the records required by the 
     Securities and Exchange Commission;

       ``(xii) an insurance company (as defined in section 2 of 
     the Investment Company Act of 1940 (15 U.S.C. 80a-2));
       ``(xiii)(I) a registered entity (as defined in section 1a 
     of the Commodity Exchange Act (7 U.S.C. 1a)); or
       ``(II) a person that is--

       ``(aa)(AA) a futures commission merchant, introducing 
     broker, swap dealer, major swap participant, commodity pool 
     operator, or commodity trading advisor (as those terms are 
     defined in section 1a of the Commodity Exchange Act (7 U.S.C. 
     1a)); or
       ``(BB) a retail foreign exchange dealer (as described in 
     that Act (7 U.S.C. 1)); and
       ``(bb) registered with the Commodity Futures Trading 
     Commission under the Commodity Exchange Act (7 U.S.C. 1 et 
     seq.);

       ``(xiv) a public accounting firm registered in accordance 
     with section 102 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 
     7212);
       ``(xv) a public utility that provides telecommunications 
     services, electrical power, natural gas, or water and sewer 
     services within the United States;
       ``(xvi) a financial market utility designated by the 
     Financial Stability Oversight Council under section 804 of 
     the Payment, Clearing, and Settlement Supervision Act of 2010 
     (12 U.S.C. 5463);
       ``(xvii) any pooled investment vehicle that is operated or 
     advised by a person described in clause (iii), (iv), (v), 
     (vii), (ix), (x), or (xii);
       ``(xviii) any--

       ``(I) organization which is described in section 501(c) of 
     the Internal Revenue Code of 1986 (determined without regard 
     to section 508(a)) and exempt from tax under section 501(a) 
     of such Code, except that in the case of any such 
     organization which loses an exemption from tax, such 
     organization shall be considered to be continued to be 
     described in this subclause for the 180-day period beginning 
     on the date of the loss of such tax-exempt status;
       ``(II) political organization (as defined in section 
     527(e)(1) of such Code) that is exempt from tax under section 
     527(a) of such Code; or
       ``(III) trust described in paragraph (1) or (2) of section 
     4947(a) of such Code;

       ``(xix) any corporation, limited liability company, or 
     other similar entity that--

       ``(I) operates exclusively to provide financial assistance 
     to, or hold governance rights over, any entity described in 
     clause (xviii);
       ``(II) is a United States person;

[[Page S3603]]

       ``(III) is beneficially owned or controlled exclusively by 
     1 or more United States persons that are United States 
     citizens or lawfully admitted for permanent residence; and
       ``(IV) derives at least a majority of its funding or 
     revenue, from 1 or more United States persons that are United 
     States citizens or lawfully admitted for permanent residence;

       ``(xx) any entity that--

       ``(I) employs more than 20 employees on a full-time basis 
     in the United States;
       ``(II) files income tax returns in the United States 
     demonstrating more than $5,000,000 in gross receipts or sales 
     in the aggregate, including the receipts or sales of--

       ``(aa) other entities owned by the entity; and
       ``(bb) other entities through which the entity operates; 
     and

       ``(III) has an operating presence at a physical office 
     within the United States;

       ``(xxi) any corporation, limited liability company, or 
     other similar entity owned, directly or indirectly, by 1 or 
     more entities described in clause (i), (ii), (iii), (iv), 
     (v), (vii), (viii), (ix), (x) , (xi), (xii), (xiii), (xiv), 
     (xv), (xvi), (xviii), or (xix);
       ``(xxii) any corporation, limited liability company, or 
     other similar entity--

       ``(I) in existence for over 1 year;
       ``(II) that is not engaged in active business;
       ``(III) that is not owned, directly or indirectly, by a 
     foreign person;
       ``(IV) that has not, in the preceding 12-month period, 
     experienced a change in ownership or sent or received funds 
     in an amount greater than $1,000 (including all funds sent to 
     or received from any source through a financial account or 
     accounts in which the entity, or an affiliate of the entity, 
     maintains an interest); and
       ``(V) that does not otherwise hold any kind or type of 
     assets, including an ownership interest in any corporation, 
     limited liability company, or other similar entity;

       ``(xxiii) any entity or class of entities that the 
     Secretary of the Treasury, with the written concurrence of 
     the Attorney General and the Secretary of Homeland Security, 
     has determined should be exempt from the requirements of 
     subsection (b) because requiring beneficial ownership 
     information from the entity or class of entities--

       ``(I) would not serve the public interest; and
       ``(II) would not be highly useful in national security, 
     intelligence, and law enforcement agency efforts to detect, 
     prevent, or prosecute money laundering, the financing of 
     terrorism, proliferation finance, serious tax fraud, or other 
     crimes.

       ``(12) State.--The term `State' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, American Samoa, Guam, the United States Virgin 
     Islands, and any other commonwealth, territory, or possession 
     of the United States.
       ``(13) Unique identifying number.--The term `unique 
     identifying number' means, with respect to an individual or 
     an entity with a sole member, the unique identifying number 
     from an acceptable identification document.
       ``(14) United states person.--The term `United States 
     person' has the meaning given the term in section 7701(a) of 
     the Internal Revenue Code of 1986.
       ``(b) Beneficial Ownership Information Reporting.--
       ``(1) Reporting.--
       ``(A) In general.--In accordance with regulations 
     prescribed by the Secretary of the Treasury, each reporting 
     company shall submit to FinCEN a report that contains the 
     information described in paragraph (2).
       ``(B) Reporting of existing entities.--In accordance with 
     regulations prescribed by the Secretary of the Treasury, any 
     reporting company that has been formed before the effective 
     date of the regulations prescribed under this subsection 
     shall, in a timely manner, and not later than 2 years after 
     the effective date of the regulations prescribed under this 
     subsection, submit to FinCEN a report that contains the 
     information described in paragraph (2).
       ``(C) Reporting at time of formation.--In accordance with 
     regulations prescribed by the Secretary of the Treasury, any 
     reporting company that has been formed after the effective 
     date of the regulations promulgated under this subsection 
     shall, at the time of formation, submit to FinCEN a report 
     that contains the information described in paragraph (2).
       ``(D) Updated reporting for changes in beneficial 
     ownership.--In accordance with regulations prescribed by the 
     Secretary of the Treasury, a reporting company shall, in a 
     timely manner, and not later than 1 year after the date on 
     which there is a change with respect to any information 
     described in paragraph (2), submit to FinCEN a report that 
     updates the information relating to the change.
       ``(E) Treasury review of updated reporting for changes in 
     beneficial ownership.--The Secretary of the Treasury, in 
     consultation with the Attorney General and the Secretary of 
     Homeland Security, shall conduct a review to evaluate--
       ``(i) the necessity of a requirement for corporations, 
     limited liability companies, or other similar entities to 
     update the report on beneficial ownership information in 
     paragraph (2), related to a change in ownership, within a 
     shorter period of time than required under that subsection, 
     taking into account the updating requirements under 
     subparagraph (D) and the information contained in the 
     reports;
       ``(ii) the benefit to law enforcement and national security 
     officials that might be derived from, and the burden that a 
     requirement to update the list of beneficial owners within a 
     shorter period of time after a change in the list of 
     beneficial owners would impose on corporations, limited 
     liability companies, or other similar entities; and
       ``(iii) not later than 2 years after the date of enactment 
     of this section, incorporate into the regulations, as 
     appropriate, any changes necessary to implement the findings 
     and determinations based on the review required under this 
     subparagraph.
       ``(F) Regulation requirements.--In promulgating the 
     regulations prescribed in subparagraphs (A) through (D), the 
     Secretary of the Treasury shall endeavor, to the greatest 
     extent practicable--
       ``(i) to establish partnerships with State, local, and 
     Tribal governmental agencies.
       ``(ii) to collect information described in paragraph (2) 
     through existing Federal, State, and local processes and 
     procedures;
       ``(iii) to minimize burdens on reporting companies 
     associated with the collection of the information described 
     in paragraph (2) in light of the private compliance costs 
     placed on legitimate businesses;
       ``(iv) to collect information described in paragraph (2) in 
     a form and manner that ensures the information is highly 
     useful in--

       ``(I) facilitating important national security, 
     intelligence, and law enforcement activities; and
       ``(II) confirming beneficial ownership information provided 
     to financial institutions to facilitate the compliance of the 
     institutions with anti-money laundering, countering the 
     financing of terrorism, and customer due diligence 
     requirements under applicable law.

       ``(2) Required information.--
       ``(A) In general.--In accordance with regulations 
     prescribed by the Secretary of the Treasury, a report 
     delivered under paragraph (1) shall, except as provided in 
     subparagraph (B), identify each beneficial owner of the 
     applicable reporting company and each applicant with respect 
     to that reporting company by--
       ``(i) full legal name;
       ``(ii) date of birth;
       ``(iii) current, as of the date on which the report is 
     delivered, residential or business street address; and
       ``(iv)(I) unique identifying number from an acceptable 
     identification document; or
       ``(II) FinCEN identifier in accordance with requirements in 
     paragraph (3).
       ``(B) Reporting requirement for exempt entities having an 
     ownership interest.--If an exempt entity described in 
     subsection (a)(11)(B) has or will have a direct or indirect 
     ownership interest in a reporting company, the reporting 
     company and the applicant--
       ``(i) shall, with respect to the exempt entity, only list 
     the name of the exempt entity; and
       ``(ii) shall not be required to report the information with 
     respect to the exempt entity otherwise required under 
     subparagraph (A).
       ``(C) Reporting requirement for pooled investment 
     vehicles.--Any corporation, limited liability company, or 
     other similar entity that is an exempt entity described in 
     subsection (a)(11)(B)(xvii) and is formed under the laws of a 
     foreign country shall file with FinCEN a written 
     certification that provides identification information of an 
     individual that exercises substantial control over the pooled 
     investment vehicle in the same manner as required under this 
     subsection.
       ``(D) Reporting requirement for exempt subsidiaries.--Any 
     corporation, limited liability company, or other similar 
     entity that is an exempt entity described in subsection 
     (a)(11)(B)(xix), shall, in accordance with regulations issued 
     by the Secretary, submit to FinCEN a report containing the 
     information required under subparagraph (A) promptly after 
     the date on which the entity no longer meets the criteria 
     described in subsection (a)(11)(B)(xix), but in no case later 
     than 90 days after that date.
       ``(E) Reporting requirement for grandfathered exempt 
     entities.--Any corporation, limited liability company, or 
     other similar entity that is an exempt entity described in 
     subsection (a)(11)(B)(xxii), shall, in accordance with 
     regulations issued by the Secretary, submit to FinCEN a 
     report containing the information required under subparagraph 
     (A) promptly after the date on which the entity no longer 
     meets the criteria described in subsection (a)(11)(B)(xxii), 
     but in no case later than 90 days after such date.
       ``(3) FinCEN identifier.--
       ``(A) Issuance of fincen identifier.--
       ``(i) In general.--Upon request by an individual who has 
     provided FinCEN with the information described in paragraph 
     (2)(A) pertaining to the individual, or by an entity that has 
     reported its beneficial ownership information to FinCEN in 
     accordance with this section, FinCEN shall issue a FinCEN 
     identifier to such individual or entity.
       ``(ii) Updating of information.--An individual with a 
     FinCEN identifier shall submit filings with FinCEN pursuant 
     to paragraph (1) updating any information described in 
     paragraph (2) in a timely manner consistent with subparagraph 
     (D).
       ``(B) Use of fincen identifier for individuals.--Any person 
     required to report the information described in paragraph (2) 
     with respect to an individual may instead report the FinCEN 
     identifier of the individual.

[[Page S3604]]

       ``(C) Use of fincen identifier for entities.-- If an 
     individual is or may be a beneficial owner of a reporting 
     company by an interest held by the individual in an entity 
     that, directly or indirectly, holds an interest in the 
     reporting company, the reporting company may report the 
     FinCEN identifier of the entity in lieu of providing the 
     information required by paragraph (2)(A) with respect to the 
     individual.
       ``(4) Regulations.--The Secretary of the Treasury shall--
       ``(A) by regulation prescribe procedures and standards 
     governing any report under paragraph (2) and any FinCEN 
     identifier under paragraph (3); and
       ``(B) in promulgating the regulations under subparagraph 
     (A), endeavor, to the extent practicable, consistent with the 
     purposes of this section--
       ``(i) to minimize burdens on reporting companies associated 
     with the collection of beneficial ownership information; and
       ``(ii) to ensure the beneficial ownership information 
     reported to FinCEN is accurate, complete, and highly useful.
       ``(5) Effective date.--The requirements of this subsection 
     shall take effect on the effective date of the regulations 
     prescribed by the Secretary of the Treasury under this 
     subsection, which shall not be later than 1 year after the 
     date of enactment of this section.
       ``(c) Retention and Disclosure of Beneficial Ownership 
     Information by FinCEN.--
       ``(1) Retention of information.--Beneficial ownership 
     information required under subsection (b) relating to each 
     reporting company shall be maintained by FinCEN.
       ``(2) Disclosure.--
       ``(A) Prohibition.--Except as authorized by this subsection 
     and the protocols promulgated under this subsection, 
     beneficial ownership information reported under this section 
     shall be confidential and may not be disclosed by--
       ``(i) an officer or employee of the United States;
       ``(ii) an officer or employee of any State, local, or 
     Tribal agency; or
       ``(iii) an officer or employee of any financial institution 
     or regulatory agency receiving information under this 
     subsection.
       ``(B) Scope of disclosure by fincen.--FinCEN may disclose 
     beneficial ownership information reported pursuant to this 
     section only upon receipt of--
       ``(i) a request, through appropriate protocols--

       ``(I) from a Federal agency engaged in national security, 
     intelligence, or law enforcement activity; or
       ``(II) from a State, local, or Tribal law enforcement 
     agency, if a court of competent jurisdiction has authorized 
     the law enforcement agency to seek the information in a 
     criminal or civil investigation;

       ``(ii) a request from a Federal agency on behalf of a law 
     enforcement agency of another country, including a foreign 
     central authority or competent authority (or like 
     designation), under an international treaty, agreement, or 
     convention--

       ``(I) issued in response to a request for assistance in an 
     investigation by such foreign country;
       ``(II) that, except in a criminal case, prohibits the other 
     country from--

       ``(aa) publicly disclosing any beneficial ownership 
     information received; or
       ``(bb) using the information for any purpose other than the 
     authorized investigation or national security or intelligence 
     activity;
       ``(iii) a confirmation request made by a financial 
     institution subject to customer due diligence requirements, 
     with the consent of the reporting company, to facilitate the 
     compliance of the financial institution with customer due 
     diligence requirements under applicable law; or
       ``(iv) a request made by a Federal functional regulator or 
     other appropriate regulatory agency consistent with the 
     requirements of subparagraph (C).
       ``(C) Form and manner of disclosure to financial 
     institutions and regulatory agencies.--The Secretary of the 
     Treasury shall by regulation prescribe the form and manner in 
     which information shall be provided to a financial 
     institution under subparagraph (B)(iii), which shall include 
     that the information shall also be available to a Federal 
     functional regulator or other appropriate regulatory agency, 
     as determined by the Secretary, if the agency--
       ``(i) is authorized by law to assess, supervise, enforce, 
     or otherwise determine the compliance of the financial 
     institution with the requirements described in that 
     subparagraph;
       ``(ii) uses the information solely for the purpose of 
     conducting the assessment, supervision, or authorized 
     investigation or activity described in clause (i); and
       ``(iii) enters into an agreement with the Secretary 
     providing for appropriate protocols governing the safekeeping 
     of the information.
       ``(3) Appropriate protocols.--The Secretary of the Treasury 
     shall establish protocols described in paragraph (2)(A) 
     that--
       ``(A) protect the security and confidentiality of any 
     beneficial ownership information provided directly by the 
     Secretary of the Treasury;
       ``(B) require that beneficial ownership information be 
     provided to the requesting agency only upon written 
     certification that applicable requirements have been met, in 
     such form and manner as the Secretary of the Treasury may 
     prescribe that, at a minimum, states that the information is 
     relevant to an authorized investigation or activity described 
     in paragraph (2);
       ``(C) require the requesting agency to limit, to the 
     greatest extent practicable, the scope of information sought, 
     consistent with the purposes for seeking beneficial ownership 
     information;
       ``(D) restrict, to the satisfaction of the Secretary of the 
     Treasury, access to beneficial ownership information only to 
     users at the requesting agency--
       ``(i) who are authorized by agreement with the Secretary to 
     access the information;
       ``(ii) whose duties or responsibilities require such 
     access;
       ``(iii) who have undergone appropriate training; and
       ``(iv) who use appropriate identity verification mechanisms 
     to obtain access to the information;
       ``(E) require the requesting agency to maintain an 
     auditable trail of each request for beneficial ownership 
     information submitted to the Secretary of the Treasury by the 
     agency, including the reason for the request, the name of the 
     individual who made the request, the date of the request, and 
     any other information the Secretary of the Treasury 
     determines is appropriate;
       ``(F) require that the requesting agency receiving 
     beneficial ownership information from the Secretary of the 
     Treasury conduct an annual audit to verify that the 
     beneficial ownership information received from the Secretary 
     has been accessed and used appropriately, and in a manner 
     consistent with this paragraph; and
       ``(G) require the Secretary of the Treasury to conduct an 
     annual audit of the adherence of the agencies to the 
     protocols established under this paragraph to ensure that 
     agencies are requesting and using beneficial ownership 
     information appropriately.
       ``(4) Department of the treasury access.--
       ``(A) In general.--Beneficial ownership information shall 
     be accessible for inspection or disclosure to officers and 
     employees of Department of the Treasury whose official duties 
     require such inspection or disclosure subject to procedures 
     and safeguards prescribed by the Secretary of the Treasury.
       ``(B) Tax administration purposes.--Officers and employees 
     of the Department of the Treasury shall obtain access to 
     beneficial ownership information for tax administration 
     purposes in accordance with this subsection.
       ``(5) Rejection of request.--The Secretary of the 
     Treasury--
       ``(A) shall reject a request not submitted in the form and 
     manner prescribed by the Secretary under paragraph (2)(C); 
     and
       ``(B) may decline to provide information requested under 
     this subsection upon finding that--
       ``(i) the requesting agency has failed to meet any other 
     requirement of this subsection;
       ``(ii) the information is being requested for an unlawful 
     purpose; or
       ``(iii) other good cause exists to deny the request.
       ``(6) Suspension.--The Secretary of the Treasury may 
     suspend or debar a requesting agency from access for any of 
     the grounds set forth in paragraph (5), including for 
     repeated or serious violations of any requirement under 
     paragraph (2).
       ``(7) Security protections.--The Secretary of the Treasury 
     shall maintain information security protections, including 
     encryption, for information reported to FinCEN under 
     subsection (b) and ensure that the protections--
       ``(A) are consistent with standards and guidelines 
     developed under subchapter II of chapter 35 of title 44; and
       ``(B) incorporate Federal information system security 
     controls for high-impact systems, excluding national security 
     systems, consistent with applicable law to prevent the loss 
     of confidentiality, integrity, or availability of information 
     that may have a severe or catastrophic adverse effect.
       ``(8) Violation of protocols.--Any employee or officer of a 
     requesting agency under paragraph (2)(B) that violates the 
     protocols described in paragraph (3) shall be subject to 
     criminal and civil penalties under subsection (h)(3)(B).
       ``(d) Agency Coordination.--
       ``(1) In general.--The Secretary of the Treasury shall, to 
     the greatest extent practicable, update the information 
     described in subsection (b) by working collaboratively with 
     other relevant Federal, State, and Tribal agencies.
       ``(2) Information from relevant federal, state, and tribal 
     agencies.--Relevant Federal, State, and Tribal agencies, as 
     determined by the Secretary of the Treasury, shall, to the 
     extent practicable, and consistent with applicable legal 
     protections, cooperate with and provide information requested 
     by FinCEN for purposes of maintaining an accurate, complete, 
     and highly useful database for beneficial ownership 
     information.
       ``(3) Regulations.--The Secretary of the Treasury, in 
     consultation with the heads of other relevant Federal 
     agencies, may promulgate regulations as necessary to carry 
     out this subsection.
       ``(e) Notification of Federal Obligations.--
       ``(1) Federal.--The Secretary of the Treasury shall take 
     reasonable steps to provide notice to persons of their 
     obligations to report beneficial ownership information under

[[Page S3605]]

     this section, including by causing appropriate informational 
     materials describing such obligations to be included in 1 or 
     more forms or other informational materials regularly 
     distributed by the Internal Revenue Service and FinCEN.
       ``(2) States and indian tribes.--
       ``(A) In general.--As a condition of the funds made 
     available under this section, each State and Indian Tribe 
     shall, not later than 2 years after the effective date of 
     regulations promulgated under subsection (b)(5), take the 
     following actions:
       ``(i) The secretary of a State or a similar office in each 
     State or Indian Tribe responsible for the establishment of 
     entities created by the filing of a public document with the 
     office under the law of the State or Indian Tribe shall 
     periodically, including at the time of any initial formation 
     or registration of an entity, assessment of an annual fee, or 
     renewal of any license to do business in the State or Indian 
     country and in connection with State or Indian Tribe 
     corporate tax assessments or renewals--

       ``(I) notify filers of their requirements as reporting 
     companies under this section, including the requirements to 
     file and update reports under subparagraphs (B) and (D) of 
     subsection (b)(1); and
       ``(II) provide the filers with a copy of the reporting 
     company form created by the Secretary of the Treasury under 
     this subsection or an internet link to that form.

       ``(ii) The secretary of a State or a similar office in each 
     State or Indian Tribe responsible for the establishment of 
     entities created by the filing of a public document with the 
     office under the law of the State or Indian Tribes shall 
     update the websites, forms relating to incorporation, and 
     physical premises of the office to notify filers of their 
     requirements as reporting companies under this section, 
     including providing an internet link to the reporting company 
     form created by the Secretary of the Treasury under this 
     section.
       ``(B) Notification from the department of the treasury.--A 
     notification under clause (i) or (ii) of subparagraph (A) 
     shall explicitly state that the notification is on behalf of 
     the Department of the Treasury for the purpose of preventing 
     money laundering, the financing of terrorism, proliferation 
     financing, serious tax fraud, and other financial crime by 
     requiring nonpublic registration of business entities formed 
     or registered to do business in the United States.
       ``(f) No Bearer Share Corporations or Limited Liability 
     Companies.--A corporation, limited liability company, or 
     other similar entity formed under the laws of a State or 
     Indian Tribe may not issue a certificate in bearer form 
     evidencing either a whole or fractional interest in the 
     entity.
       ``(g) Regulations.--In promulgating regulations carrying 
     out this section, the Director shall reach out to members of 
     the small business community and other appropriate parties to 
     ensure efficiency and effectiveness of the process for the 
     entities subject to the requirements of this section.
       ``(h) Penalties.--
       ``(1) Reporting violations.--It shall be unlawful for any 
     person to--
       ``(A) willfully provide, or attempt to provide, false or 
     fraudulent beneficial ownership information, including a 
     false or fraudulent identifying photograph or document, to 
     FinCEN in accordance with subsection (b); or
       ``(B) willfully fail to report complete or updated 
     beneficial ownership information to FinCEN in accordance with 
     subsection (b).
       ``(2) Unauthorized disclosure or use.--Except as authorized 
     by this section, it shall be unlawful for any person to 
     knowingly disclose or knowingly use the beneficial ownership 
     information obtained by the person through--
       ``(A) a report submitted to FinCEN under subsection (b); or
       ``(B) a disclosure made by FinCEN under subsection (c).
       ``(3) Criminal and civil penalties.--
       ``(A) Reporting violations.--Any person who violates 
     subparagraph (A) or (B) of paragraph (1)--
       ``(i) shall be liable to the United States for a civil 
     penalty of not more than $500 for each day that the violation 
     continues or has not been remedied; and
       ``(ii) may be fined not more than $10,000, imprisoned for 
     not more than 2 years, or both.
       ``(B) Unauthorized disclosure or use violations.--Any 
     person who violates paragraph (2)--
       ``(i) shall be liable to the United States for a civil 
     penalty of not more than $500 for each day that the violation 
     continues or has not been remedied; and
       ``(ii)(I) shall be fined not more than $250,000, or 
     imprisoned for not more than 5 years, or both; or
       ``(II) while violating another law of the United States or 
     as part of a pattern of any illegal activity involving more 
     than $100,000 in a 12-month period, shall be fined not more 
     than $500,000, imprisoned for not more than 10 years, or 
     both.
       ``(C) Safe harbor.--
       ``(i) Safe harbor.--

       ``(I) In general.--Except as provided in subclause (II), a 
     person shall not be subject to civil or criminal penalty 
     under subparagraph (A) if the person--

       ``(aa) has reason to believe that any report submitted by 
     the person in accordance with subsection (b) contains 
     inaccurate information; and
       ``(bb) in accordance with regulations issued by the 
     Secretary, voluntarily and promptly, and in no case later 
     than 90 days, submits a report containing corrected 
     information.

       ``(II) Exceptions.--A person shall not be exempt from 
     penalty under clause (i) if, at the time the person submits 
     the report required by subsection (b), the person--

       ``(aa) acts for the purpose of evading the reporting 
     requirements under subsection (b); and
       ``(bb) has actual knowledge that any information contained 
     in the report is inaccurate.
       ``(ii) Assistance.--FinCEN shall provide assistance to any 
     person seeking to submit a corrected report in accordance 
     with clause (i)(I).
       ``(4) User complaint process.--
       ``(A) In general.--The Inspector General of the Department 
     of the Treasury, in coordination with the Secretary of the 
     Treasury, shall provide public contact information to receive 
     external comments or complaints regarding the beneficial 
     ownership information notification and collection process or 
     regarding the accuracy, completeness, or timeliness of such 
     information.
       ``(B) Report.--The Inspector General of the Department of 
     the Treasury shall submit to Congress a periodic report 
     that--
       ``(i) summarizes external comments or complaints and 
     related investigations conducted by the Inspector General 
     related to the collection of beneficial ownership 
     information; and
       ``(ii) includes recommendations, in coordination with 
     FinCEN, to improve the form and manner of the notification, 
     collection and updating processes of the beneficial ownership 
     information reporting requirements to ensure the beneficial 
     ownership information reported to FinCEN is accurate, 
     complete, and highly useful.
       ``(5) Treasury office of inspector general investigation in 
     the event of a cybersecurity breach.--
       ``(A) In general.--In the event of a cybersecurity breach 
     that results in substantial unauthorized access and 
     disclosure of sensitive beneficial ownership information, the 
     Inspector General of the Department of the Treasury shall 
     conduct an investigation into FinCEN cybersecurity practices 
     that, to the extent possible, determines any vulnerabilities 
     within FinCEN information security and confidentiality 
     protocols and provides recommendations for fixing those 
     deficiencies.
       ``(B) Report.--The Inspector General of the Department of 
     the Treasury shall submit to the Secretary of the Treasury a 
     report on each investigation conducted under subparagraph 
     (A).
       ``(C) Actions of the secretary.--Upon receiving a report 
     submitted under subparagraph (B), the Secretary of the 
     Treasury shall--
       ``(i) determine whether the Director had any responsibility 
     for the cybersecurity breach or whether policies, practices, 
     or procedures implemented at the direction of the Director 
     led to the cybersecurity breach; and
       ``(ii) submit to Congress a written report outlining the 
     findings of the Secretary, including a determination by the 
     Secretary on whether to retain or dismiss the individual 
     serving as the Director.
       ``(6) Definition.--In this subsection, the term `willfully' 
     means the voluntary, intentional violation of a known legal 
     duty.
       ``(i) Continuous Review of Exempt Entities.--
       ``(1) In general.--On and after the effective date of the 
     regulations promulgated under this section, if the Secretary 
     of the Treasury makes a determination, which may be based on 
     information contained in the report required under section 
     5501(d) of the Anti-Money Laundering Act of 2020 or on any 
     other information available to the Secretary, that an entity 
     or class of entities in the list in subsection (a)(11)(B) has 
     been subject to significant abuse relating to money 
     laundering, the financing of terrorism, proliferation 
     finance, serious tax fraud, or other illicit activity, not 
     later than 90 days after the date on which the Secretary 
     makes the determination, the Secretary shall submit to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives a report that explains the reasons for the 
     determination and any administrative or legislative 
     recommendations to prevent such abuse.
       ``(2) Classified annex.--The report required by paragraph 
     (1)--
       ``(A) shall be submitted in unclassified form; and
       ``(B) may include a classified annex.''.
       (b) Conforming Amendments.--Title 31, United States Code, 
     is amended--
       (1) in section 5321(a)--
       (A) in paragraph (1), by striking ``sections 5314 and 
     5315'' each place that term appears and inserting ``sections 
     5314, 5315, and 5336''; and
       (B) in paragraph (6), by inserting ``(except section 
     5336)'' after ``subchapter'' each place that term appears; 
     and
       (2) in section 5322, by striking ``section 5315 or 5324'' 
     each place that term appears and inserting ``section 5315, 
     5324, or 5336''.
       (3) in the table of sections for chapter 53, as amended by 
     sections 5305(b)(1), 5306(b), and 5312(b) of this division, 
     is amended by adding at the end the following:

                                                       ================  



[[Page S3606]]

  

       (c) Reporting Requirements for Federal Contractors.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator for Federal 
     Procurement Policy shall revise the Federal Acquisition 
     Regulation maintained under section 1303(a)(1) of title 41, 
     United States Code, to require any contractor or 
     subcontractor who is subject to the requirement to disclose 
     beneficial ownership information under section 5336 of title 
     31, United States Code, as added by subsection (a) of this 
     section, to provide the information required to be disclosed 
     under such section to the Federal Government as part of any 
     bid or proposal for a contract with a value threshold in 
     excess of the simplified acquisition threshold under section 
     134 of title 41, United States Code.
       (2) Applicability.--The revision required under paragraph 
     (1) shall not apply to a covered contractor or subcontractor, 
     as defined in section 847 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92), 
     that is subject to the beneficial ownership disclosure and 
     review requirements under that section.
       (d) Revised Due Diligence Rulemaking.--
       (1) In general.--Not later than 1 year after the effective 
     date of the regulations promulgated under section 5336(b)(5) 
     of title 31, United States Code, as added by subsection (a) 
     of this section, the Secretary shall revise the final rule 
     entitled ``Customer Due Diligence Requirements for Financial 
     Institutions''(81 Fed. Reg. 29397 (May 11, 2016)) to--
       (A) bring the rule into conformance with this division and 
     the amendments made by this division;
       (B) account for the access of financial institutions to 
     beneficial ownership information filed by reporting 
     companies, and provided in the form and manner prescribed by 
     the Secretary, to confirm the beneficial ownership 
     information provided directly to financial institutions to 
     facilitate the compliance of those institutions with anti-
     money laundering, countering the financing of terrorism, and 
     customer due diligence requirements under applicable law; and
       (C) reduce any burdens on financial institutions that are, 
     in light of the enactment of this division and the amendments 
     made by this division, unnecessary or duplicative.
       (2) Considerations.--In fulfilling the requirements under 
     this subsection, the Secretary shall consider--
       (A) the use of risk-based principles for requiring reports 
     of beneficial ownership information;
       (B) the degree of reliance by financial institutions on 
     information provided by FinCEN for purposes of obtaining and 
     updating beneficial ownership information;
       (C) strategies to improve the accuracy, completeness, and 
     timeliness of the beneficial ownership information reported 
     to the Secretary; and
       (D) any other matter that the Secretary determines is 
     appropriate.

                        TITLE LV--MISCELLANEOUS

     SEC. 5501. INVESTIGATIONS AND PROSECUTION OF OFFENSES FOR 
                   VIOLATIONS OF THE SECURITIES LAWS.

       (a) In General.--Section 21(d) of the Securities Exchange 
     Act of 1934 (15 U.S.C. 78u(d)) is amended--
       (1) in paragraph (3)--
       (A) in the paragraph heading--
       (i) by inserting ``CIVIL'' before ``MONEY PENALTIES''; and
       (ii) by striking ``IN CIVIL ACTIONS'' and inserting ``AND 
     AUTHORITY TO SEEK DISGORGEMENT'';
       (B) in subparagraph (A), by striking ``jurisdiction to 
     impose'' and all that follows through the period at the end 
     and inserting the following: ``jurisdiction to--
       ``(i) impose, upon a proper showing, a civil penalty to be 
     paid by the person who committed such violation; and
       ``(ii) require disgorgement under paragraph (7) of any 
     unjust enrichment by the person who received such unjust 
     enrichment as a result of such violation.''; and
       (C) in subparagraph (B)--
       (i) in clause (i), in the first sentence, by striking ``the 
     penalty'' and inserting ``a civil penalty imposed under 
     subparagraph (A)(i)'';
       (ii) in clause (ii), by striking ``amount of penalty'' and 
     inserting ``amount of a civil penalty imposed under 
     subparagraph (A)(i)''; and
       (iii) in clause (iii), in the matter preceding item (aa), 
     by striking ``amount of penalty for each such violation'' and 
     inserting ``amount of a civil penalty imposed under 
     subparagraph (A)(i) for each violation described in that 
     subparagraph'';
       (2) in paragraph (4), by inserting ``under paragraph (7)'' 
     after ``funds disgorged''; and
       (3) by adding at the end the following:
       ``(7) Disgorgement.--In any action or proceeding brought by 
     the Commission under any provision of the securities laws, 
     the Commission may seek, and any Federal court may order, 
     disgorgement.
       ``(8) Limitations periods.--
       ``(A) Disgorgement.--The Commission may bring a claim for 
     disgorgement under paragraph (7)--
       ``(i) not later than 5 years after the latest date of the 
     violation that gives rise to the action or proceeding in 
     which the Commission seeks the claim occurs; or
       ``(ii) not later than 10 years after the latest date of the 
     violation that gives rise to the action or proceeding in 
     which the Commission seeks the claim if the violation 
     involves conduct that violates section 10(b), section 
     17(a)(1) of the Securities Act of 1933 (15 U.S.C. 77q(a)(1)), 
     section 206(1) of the Investment Advisers Act of 1940 (15 
     U.S.C. 80b-6(1)), or any other provision of the securities 
     laws that requires scienter.
       ``(B) Equitable remedies.--The Commission may seek a claim 
     for any equitable remedy, including for an injunction or a 
     bar, suspension, or cease and desist order, not later than 10 
     years after the latest date on which a violation that gives 
     rise to the claim occurs.
       ``(C) Calculation.--For the purposes of calculating any 
     limitations period under this paragraph with respect to an 
     action or claim, any time in which the person against which 
     the action or claim, as applicable, is brought is outside of 
     the United States shall not count towards the accrual of that 
     period.
       ``(9) Rule of construction.--Nothing in paragraph (7) may 
     be construed as altering any right that any private party may 
     have to maintain a suit for a violation of this Act.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to any action or proceeding that is 
     pending on, or commenced on or after, the date of enactment 
     of this Act.

     SEC. 5502. GAO AND TREASURY STUDIES ON BENEFICIAL OWNERSHIP 
                   INFORMATION REPORTING REQUIREMENTS.

       (a) Effectiveness of Incorporation Practices Study.--Not 
     later than 2 years after the effective date of the 
     regulations promulgated under section 5336(b)(5) of title 31, 
     United States Code, as added by section 5403(a) of this 
     division, the Comptroller General of the United States shall 
     conduct a study and submit to the Congress a report assessing 
     the effectiveness of incorporation practices implemented 
     under this division, and the amendments made by this 
     division, in--
       (1) providing national security, intelligence, and law 
     enforcement agencies with prompt access to reliable, useful, 
     and complete beneficial ownership information; and
       (2) strengthening the capability of national security, 
     intelligence, and law enforcement agencies to--
       (A) combat incorporation abuses and civil and criminal 
     misconduct; and
       (B) detect, prevent, or prosecute money laundering, the 
     financing of terrorism, proliferation finance, serious tax 
     fraud, or other crimes.
       (b) Using Technology to Avoid Duplicative Layers of 
     Reporting Obligations and Increase Accuracy of Beneficial 
     Ownership Information.--
       (1) In general.--The Secretary, in consultation with the 
     Attorney General, shall conduct a study to evaluate--
       (A) the effectiveness of using FinCEN identifiers, as 
     defined in section 5336 of title 31, United States Code, as 
     added by section 5403(a) of this division, or other 
     simplified reporting methods in order to facilitate a 
     simplified beneficial ownership regime for reporting 
     companies;
       (B) whether a reporting regime whereby only company 
     shareholders are reported within the ownership chain of a 
     reporting company could effectively track beneficial 
     ownership information and increase information to law 
     enforcement;
       (C) the costs associated with imposing any new verification 
     requirements on FinCEN; and
       (D) the resources necessary to implement any such changes.
       (2) Findings.--The Secretary shall submit to the relevant 
     committees of jurisdiction--
       (A) the findings of the study conducted under paragraph 
     (1); and
       (B) recommendations for carrying out the findings described 
     in subparagraph (A).
       (c) Exempt Entities.--Not later than 2 years after the 
     effective date of regulations promulgated under section 
     5336(b)(5) of title 31, United States Code, as added by 
     section 5403(a) of this division, the Comptroller General of 
     the United States, in consultation with the Secretary, 
     Federal functional regulators, the Attorney General, the 
     Secretary of Homeland Security, and the intelligence 
     community, shall conduct a study and submit to Congress a 
     report that--
       (1) reviews the regulated status, related reporting 
     requirements, quantity, and structure of each class of 
     corporations, limited liability companies, and similar 
     entities that have been explicitly excluded from the 
     definition of reporting company and the requirement to report 
     beneficial ownership information under section 5336 of title 
     31, United States Code, as added by section 5403(a) of this 
     division;
       (2) assesses the extent to which any excluded entity or 
     class of entities described in paragraph (1) pose significant 
     risks of money laundering, the financing of terrorism, 
     proliferation finance, serious tax fraud, and other illicit 
     activity; and
       (3) identifies other policy areas related to the risks of 
     exempt entities described in paragraph (1) for Congress to 
     consider as Congress is conducting oversight of the new 
     beneficial ownership information reporting requirements 
     established by this division and amendments made by this 
     division.
       (d) Other Legal Entities Study.--Not later than 2 years 
     after the effective date of the regulations promulgated under 
     section 5336(b)(5) of title 31, United States Code, as added 
     by section 5403(a) of this division, the Comptroller General 
     of the United States shall conduct a study and submit to 
     Congress a report--
       (1) identifying each State that has procedures that enable 
     persons to form or register under the laws of the State 
     partnerships,

[[Page S3607]]

     trusts, or other legal entities, and the nature of those 
     procedures;
       (2) identifying each State that requires persons seeking to 
     form or register partnerships, trusts, or other legal 
     entities under the laws of the State to provide beneficial 
     owners (as defined in section 5336(a) of title 31, United 
     States Code, as added by section 5403 of this division) or 
     beneficiaries of those entities, and the nature of the 
     required information;
       (3) evaluating whether the lack of available beneficial 
     ownership information for partnerships, trusts, or other 
     legal entities--
       (A) raises concerns about the involvement of those entities 
     in terrorism, money laundering, tax evasion, securities 
     fraud, or other misconduct; and
       (B) has impeded investigations into entities suspected of 
     the misconduct described in subparagraph (A);
       (4) evaluating whether the failure of the United States to 
     require beneficial ownership information for partnerships and 
     trusts formed or registered in the United States has elicited 
     international criticism; and
       (5) what steps, if any, the United States has taken, is 
     planning to take, or should take in response to the criticism 
     described in paragraph (4).

     SEC. 5503. GAO STUDY ON FEEDBACK LOOPS.

       (a) Definition.--In this section, the term ``feedback 
     loop'' means feedback provided by the United States 
     Government to relevant parties.
       (b) Study.--The Comptroller General of the United States 
     shall conduct a study on--
       (1) best practices within the United States Government for 
     feedback loops, including regulated private entities, on the 
     usage and usefulness of personally identifiable information, 
     sensitive-but-unclassified data, or similar information 
     provided by the parties to United States Government users of 
     the information and data, including law enforcement agencies 
     and regulators; and
       (2) any practice or standard inside or outside the United 
     States for providing feedback through sensitive information 
     and public-private partnership information sharing efforts, 
     specifically related to efforts to combat money laundering 
     and other forms of illicit finance.
       (c) Report.--Not later than 18-months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives a report 
     containing--
       (1) all findings and determinations made in carrying out 
     the study required under subsection (b);
       (2) with respect to each of paragraphs (1) and (2) of 
     subsection (b), any best practice or significant concern 
     identified by the Comptroller General, and the applicability 
     to public-private partnerships and feedback loops with 
     respect to efforts by the United States Government to combat 
     money laundering and other forms of illicit finance; and
       (3) recommendations of the Comptroller General to reduce or 
     eliminate any unnecessary collection by the United States 
     Government of the information described in subsection (b)(1).

     SEC. 5504. GAO STUDY ON FIGHTING ILLICIT NETWORKS AND 
                   DETECTING HUMAN TRAFFICKING AND DRUG 
                   TRAFFICKING.

       (a) Findings.--Congress finds the following:
       (1) According to the Drug Enforcement Administration 2018 
     National Drug Threat Assessment, transnational criminal 
     organizations are increasingly using virtual currencies.
       (2) In the 2015 National Money Laundering Risk Assessment, 
     the Department of the Treasury has recognized, ``The 
     development of virtual currencies is an attempt to meet a 
     legitimate market demand. According to a Federal Reserve Bank 
     of Chicago economist, U.S. consumers want payment options 
     that are versatile and that provide immediate finality. No 
     U.S. payment method meets that description, although cash may 
     come closest. Virtual currencies can mimic cash's immediate 
     finality and anonymity and are more versatile than cash for 
     online and cross-border transactions, making virtual 
     currencies vulnerable for illicit transactions.''.
       (3) In the 2018 National Money Laundering Risk Assessment, 
     the Department of the Treasury concluded, ``To the extent 
     that virtual currencies are able to provide the same level of 
     anonymity as physical cash, they create an even greater risk 
     because virtual currencies can be transmitted and used 
     globally. In addition to providing another means to pay for 
     contraband or illicit services, virtual currencies also are 
     now being used in the layering stage of money laundering to 
     disguise the origin of illicit proceeds.''.
       (4) Virtual currencies may be increasingly used, 
     facilitated by online marketplaces, to pay for goods and 
     services associated with human trafficking and drug 
     trafficking.
       (5) Online marketplaces, including the dark web, are 
     becoming a prominent platform to buy, sell, and advertise for 
     illicit goods and services associated with human trafficking 
     and drug trafficking.
       (6) According to the International Labour Organization, in 
     2016, 4,800,000 people in the world were victims of forced 
     sexual exploitation, and in 2014, the global profit from 
     commercial sexual exploitation was $99,000,000,000.
       (7) In 2016, within the United States, the Centers for 
     Disease Control and Prevention estimated that there were 
     64,000 deaths related to drug overdose, and the most severe 
     increase in drug overdoses were those associated with 
     synthetic opioids, including fentanyl and fentanyl analogs, 
     which amounted to over 20,000 overdose deaths.
       (8) According to 2018 National Money Laundering Risk 
     Assessment, an estimated $100,000,000,000 is generated 
     annually from United States drug trafficking sales.
       (9) Illegal fentanyl in the United States originates 
     primarily from China, and it is readily available to purchase 
     through online marketplaces.
       (b) Definition of Human Trafficking.--In this section, the 
     term ``human trafficking'' has the meaning given the term 
     ``severe forms of trafficking in persons'' in section 103 of 
     the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102).
       (c) GAO Study.--The Comptroller General of the United 
     States shall conduct a study on how a range of payment 
     systems and methods, including virtual currencies in online 
     marketplaces, are used to facilitate human trafficking and 
     drug trafficking, which shall consider--
       (1) how online marketplaces, including the dark web, may be 
     used as platforms to buy, sell, or facilitate the financing 
     of goods or services associated with human trafficking or 
     drug trafficking, specifically, opioids and synthetic 
     opioids, including fentanyl, fentanyl analogs, and any 
     precursor chemical associated with manufacturing fentanyl or 
     fentanyl analogs, destined for, originating from, or within 
     the United States;
       (2) how financial payment methods, including virtual 
     currencies and peer-to-peer mobile payment services, may be 
     utilized by online marketplaces to facilitate the buying, 
     selling, or financing of goods and services associated with 
     human trafficking or drug trafficking destined for, 
     originating from, or within the United States;
       (3) how virtual currencies may be used to facilitate the 
     buying, selling, or financing of goods and services 
     associated with human trafficking or drug trafficking, 
     destined for, originating from, or within the United States, 
     when an online platform is not otherwise involved;
       (4) how illicit funds that have been transmitted online and 
     through virtual currencies are repatriated into the formal 
     banking system of the United States through money laundering 
     or other means;
       (5) the participants, including state and non-state actors, 
     throughout the entire supply chain that may participate in or 
     benefit from the buying, selling, or financing of goods and 
     services associated with human trafficking or drug 
     trafficking, including through online marketplaces or using 
     virtual currencies, destined for, originating from, or within 
     the United States;
       (6) Federal and State agency efforts to impede the buying, 
     selling, or financing of goods and services associated with 
     human trafficking or drug trafficking destined for, 
     originating from, or within the United States, including 
     efforts to prevent the proceeds from human trafficking or 
     drug trafficking from entering the United States banking 
     system;
       (7) how virtual currencies and their underlying 
     technologies can be used to detect and deter these illicit 
     activities; and
       (8) to what extent immutability and traceability of virtual 
     currencies can contribute to the tracking and prosecution of 
     illicit funding.
       (d) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives a report--
       (1) summarizing the results of the study required under 
     subsection (c); and
       (2) that contains any recommendations for legislative or 
     regulatory action that would improve the efforts of Federal 
     agencies to impede the use of virtual currencies and online 
     marketplaces in facilitating human trafficking and drug 
     trafficking.

     SEC. 5505. TREASURY STUDY AND REPORT ON TRADE-BASED MONEY 
                   LAUNDERING.

       (a) Study Required.--
       (1) In general.--The Secretary shall carry out a study, in 
     consultation with appropriate private sector stakeholders, 
     academic and other international trade experts, and Federal 
     agencies, on trade-based money laundering.
       (2) Contracting authority.--The Secretary may enter into a 
     contract with a private third-party entity to carry out the 
     study required by paragraph (1).
       (b) Report Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report that includes--
       (A) all findings and determinations made in carrying out 
     the study required by subsection (a); and
       (B) proposed strategies to combat trade-based money 
     laundering.
       (2) Classified annex.--The report required by paragraph 
     (1)--
       (A) shall be submitted in unclassified form; and
       (B) may include a classified annex.

     SEC. 5506. TREASURY STUDY AND STRATEGY ON MONEY LAUNDERING BY 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Study.--The Secretary shall carry out a study, which 
     shall rely substantially on information obtained through the 
     trade-based

[[Page S3608]]

     money laundering analyses conducted by the Comptroller 
     General of the United States, on--
       (1) the extent and effect of illicit finance risk relating 
     to the Government of the People's Republic of China and 
     Chinese firms, including financial institutions;
       (2) an assessment of the illicit finance risks emanating 
     from the People's Republic of China;
       (3) those risks allowed, directly or indirectly, by the 
     Government of the People's Republic of China, including those 
     enabled by weak regulatory or administrative controls of that 
     government; and
       (4) the ways in which the increasing amount of global trade 
     and investment by the Government of the People's Republic of 
     China and Chinese firms exposes the international financial 
     system to increased risk relating to illicit finance.
       (b) Strategy to Counter Chinese Money Laundering.--Upon the 
     completion of the study required under subsection (a), the 
     Secretary, in consultation with such other Federal agencies 
     as the Secretary determines appropriate, shall develop a 
     strategy to combat Chinese money laundering activities.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report containing--
       (1) all findings and determinations made in carrying out 
     the study required under subsection (a); and
       (2) the strategy developed under subsection (b).

     SEC. 5507. TREASURY AND JUSTICE STUDY ON THE EFFORTS OF 
                   AUTHORITARIAN REGIMES TO EXPLOIT THE FINANCIAL 
                   SYSTEM OF THE UNITED STATES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and the Attorney 
     General, in consultation with the heads of other relevant 
     national security, intelligence, and law enforcement 
     agencies, shall conduct a study and submit to Congress a 
     report that considers how authoritarian regimes in foreign 
     countries and their proxies use the financial system of the 
     United States to--
       (1) conduct political influence operations;
       (2) sustain kleptocratic methods of maintaining power;
       (3) export corruption;
       (4) fund nongovernmental organizations, media 
     organizations, or academic initiatives in the United States 
     to advance the interests of those regimes; and
       (5) otherwise undermine democratic governance in the United 
     States and the partners and allies of the United States.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives a report that contains--
       (1) the results of the study required under subsection (a); 
     and
       (2) any recommendations for legislative or regulatory 
     action, or steps to be taken by United States financial 
     institutions, that would address exploitation of the 
     financial system of the United States by foreign 
     authoritarian regimes.

     SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subsection (l) of section 310, of title 
     31, United States Code, as redesignated by section 5103(1) of 
     this division, is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to FinCEN to carry out this section, to remain available 
     until expended--
       ``(A) $126,000,000 for fiscal year 2020;
       ``(B) $50,000,000 for fiscal year 2021; and
       ``(C) $25,000,000 for each of fiscal years 2022 through 
     2025.''.
       (b) Beneficial Ownership Information Reporting 
     Requirements.--Section 5336 of title 31, United States Code, 
     as added by section 5403(a) of this division, is amended by 
     adding at the end the following:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to FinCEN for each of the 3 
     fiscal years beginning on the effective date of the 
     regulations promulgated under subsection (b)(5), such sums as 
     may be necessary to carry out this section, including 
     allocating funds to the States to pay reasonable costs 
     relating to compliance with the requirements of such 
     section.''.
                                 ______
                                 
  SA 2199. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 VIII, add the following:

     SEC. 894. ADDITIONAL REQUIREMENTS RELATED TO MITIGATING RISKS 
                   RELATED TO FOREIGN OWNERSHIP, CONTROL, OR 
                   INFLUENCE OF DEPARTMENT OF DEFENSE CONTRACTORS 
                   AND SUBCONTRACTORS.

       (a) Compliance Assessment.--Subparagraph (A) of paragraph 
     (2) of section 847(b) of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92) is amended by 
     adding at the end the following new clause:
       ``(v) A requirement for the Secretary to require reports 
     and conduct examinations on a periodic basis of covered 
     contractors and subcontractors in order to assess compliance 
     with the requirements of this section.''.
       (b) Additional Requirements for Responsibility 
     Determinations.--Subparagraph (B) of such paragraph is 
     amended--
       (1) in clause (ii), by striking ``; and'' and inserting a 
     semicolon;
       (2) by redesignating clause (iii) as clause (iv); and
       (3) by inserting after clause (ii) the following new 
     clause:
       ``(iii) procedures for appropriately responding to changes 
     in contractor or subcontractor beneficial ownership status 
     based on changes in disclosures of their beneficial ownership 
     relating to whether they are under FOCI and based on the 
     reports and examinations required by subparagraph (A)(v); 
     and''.
       (c) Timelines and Milestones for Implementation.--
       (1) Implementation plan.--Not later than 60 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall provide to the congressional defense committees a plan 
     and schedule for implementation of the requirements of 
     section 847 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92), including--
       (A) a timeline for issuance of regulations, development of 
     training for appropriate officials, and development of 
     systems for reporting of beneficial ownership and FOCI by 
     contractors and subcontractors;
       (B) designation of officials and organizations responsible 
     for execution; and
       (C) interim milestones to be met in implementing the plan.
       (2) Revision of regulations, directives, guidance, 
     training, and policies.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall revise relevant directives, guidance, training, and 
     policies, including revising the Defense Federal Acquisition 
     Regulation Supplement as needed, to fully implement section 
     847 of the National Defense Authorization Act for Fiscal Year 
     2020 (Public Law 116-92), as amended by this section.
                                 ______
                                 
  SA 2200. Ms. HARRIS submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 320. STUDY ON IMPACTS OF TRANSBOUNDARY FLOWS, SPILLS, OR 
                   DISCHARGES OF POLLUTION OR DEBRIS FROM THE 
                   TIJUANA RIVER ON PERSONNEL, ACTIVITIES, AND 
                   INSTALLATIONS OF DEPARTMENT OF DEFENSE.

       (a) Study.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Administrator of the Environmental 
     Protection Agency and the United States Commissioner of the 
     International Boundary and Water Commission, shall commission 
     an independent scientific study of the impacts of 
     transboundary flows, spills, or discharges of pollution or 
     debris from the Tijuana River on the personnel, activities, 
     and installations of the Department of Defense.
       (2) Elements.--The study required by paragraph (1) shall 
     address the short-term, long-term, primary, and secondary 
     impacts of transboundary flows, spills, or discharges of 
     pollution or debris from the Tijuana River and include 
     recommendations to mitigate such impacts.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the appropriate committees of Congress a report containing 
     the results of the study under subsection (a), including all 
     findings and recommendations resulting from the study.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Environment and Public Works of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
                                 ______
                                 
  SA 2201. Mr. CRUZ (for himself, Ms. Sinema, Mr. Wicker, and Ms. 
Cantwell) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 XVI, add the following:

     SEC. 1610. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

       (a) Presence in Low-Earth Orbit.--

[[Page S3609]]

       (1) Sense of congress.--It is the sense of Congress that--
       (A) it is in the national and economic security interests 
     of the United States to maintain a continuous human presence 
     in low-Earth orbit;
       (B) the International Space Station is a strategic national 
     security asset vital to the continued space exploration and 
     scientific advancements of the United States; and
       (C) low-Earth orbit should be utilized as a testbed to 
     advance human space exploration, scientific discoveries, and 
     United States economic competitiveness and commercial 
     participation.
       (2) Human presence requirement.--The United States shall 
     continuously maintain the capability for a continuous human 
     presence in low-Earth orbit through and beyond the useful 
     life of the International Space Station.
       (b) Maintaining a National Laboratory in Space.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the United States national laboratory in space, which 
     currently consists of the United States segment of the 
     International Space Station (designated as a national 
     laboratory under section 70905 of title 51, United States 
     Code)--
       (i) benefits the scientific community and promotes commerce 
     in space;
       (ii) fosters stronger relationships among the National 
     Aeronautics and Space Administration (referred to in this 
     section as ``NASA'') and other Federal agencies, the private 
     sector, and research groups and universities;
       (iii) advances science, technology, engineering, and 
     mathematics education through utilization of the unique 
     microgravity environment; and
       (iv) advances human knowledge and international 
     cooperation;
       (B) after the International Space Station is 
     decommissioned, the United States should maintain a national 
     microgravity laboratory in space;
       (C) in maintaining a national microgravity laboratory 
     described in subparagraph (B), the United States should make 
     appropriate accommodations for different types of ownership 
     and operational structures for the International Space 
     Station and future space stations;
       (D) the national microgravity laboratory described in 
     subparagraph (B) should be maintained beyond the date on 
     which the International Space Station is decommissioned and, 
     if possible, in cooperation with international space partners 
     to the extent practicable; and
       (E) NASA should continue to support fundamental science 
     research on future platforms in low-Earth orbit and cis-lunar 
     space, short duration suborbital flights, drop towers, and 
     other microgravity testing environments.
       (2) Report.--The Administrator of NASA shall produce, in 
     coordination with the National Space Council and other 
     Federal agencies as the Administrator considers relevant, a 
     report detailing the feasibility of establishing a 
     microgravity national laboratory Federally Funded Research 
     and Development Center to undertake the work related to the 
     study and utilization of in-space conditions.
       (c) Continuation of Authority.--
       (1) In general.--Section 501(a) of the National Aeronautics 
     and Space Administration Authorization Act of 2010 (42 U.S.C. 
     18351(a)) is amended by striking ``2024'' and inserting 
     ``2030''.
       (2) Maintenance of the united states segment and assurance 
     of continued operations of the international space station.--
     Section 503(a) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) 
     is amended by striking ``2024'' and inserting ``2030''.
       (3) Research capacity allocation and integration of 
     research payloads.--Section 504(d) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18354(d)) is amended by striking ``2024'' 
     each place it appears and inserting ``2030''.
       (4) Maintaining use through at least 2030.--Section 70907 
     of title 51, United States Code, is amended--
       (A) in the section heading, by striking ``2024'' and 
     inserting ``2030''; and
       (B) by striking ``2024'' each place it appears and 
     inserting ``2030''.
       (d) Transition Plan Reports.--Section 50111(c)(2) of title 
     51, United States Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``2023'' and inserting ``2028''; and
       (2) in subparagraph (J), by striking ``2028'' and inserting 
     ``2030''.
       (e) Exemption From the Iran, North Korea, and Syria 
     Nonproliferation Act.--Section 7(1) of the Iran, North Korea, 
     and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 
     1701 note) is amended, in the undesignated matter following 
     subparagraph (B), by striking ``December 31, 2020'' and 
     inserting ``December 31, 2030''.
       (f) Department of Defense Activities on International Space 
     Station.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (A) identify and review each activity, program, and project 
     of the Department of Defense completed, being carried out, or 
     planned to be carried out on the International Space Station 
     as of the date of the review; and
       (B) provide to the appropriate committees of Congress a 
     briefing that describes the results of the review.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 2202. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. __. SENSE OF SENATE ON THE STATE OF DEMOCRACY IN THE 
                   REPUBLIC OF GEORGIA.

       (a) Findings.--The Senate makes the following findings:
       (1) Since gaining its independence from the Soviet Union in 
     1991, the United States has strongly supported the Republic 
     of Georgia's democratic transition and Euro-Atlantic 
     aspirations.
       (2) Since its liberation from a communist dictatorship, 
     Georgia has made great strides in democratic governance, 
     free-market economic reforms, and the rule of law.
       (3) Since 1992, the United States has provided Georgia with 
     at least $4,200,000,000 in assistance, including at least 
     $732,000,000 in defense assistance.
       (4) Georgia has been a committed partner of the North 
     Atlantic Treaty Organization and has contributed significant 
     military forces and resources to the North Atlantic Treaty 
     Organization missions in Afghanistan and the Multi-National 
     Force in Iraq.
       (5) Russia has illegally occupied the eorgia territories of 
     South Ossetia and Abkhazia since 2008, which comprise fully 
     20 percent of the land of Georgia, in contravention of 
     international law.
       (6) On June 20, 2019, as part of the Interparliamentary 
     Assembly on Orthodoxy held in Tbilisi, Georgia, Member of the 
     Russian State Duma, Sergei Gavrilov, addressed the group from 
     the chairman's seat in the Parliament of Georgia, leading to 
     a political uproar in Georgia.
       (7) In response to the actions of Mr. Gavrilov and worries 
     of growing Russian interference in the politics of Georgia, 
     tens of thousands of Georgians took to the streets in 
     protest, including by barricading and attempting to storm the 
     parliamentary building.
       (8) The Georgian riot police violently suppressed the 
     protests, including through the use of water cannons, which 
     resulted in hundreds of individuals severely injured and 
     several hundred detained.
       (9) On July 25, 2019, Irakli Okruashvili, a former Defense 
     Minister of Georgia and a leader of the political opposition, 
     was arrested on charges of inciting violence during the June 
     2019 protests against the government and sentenced to five 
     years in prison.
       (10) On November 18, 2019, Giorgi Rurua, a businessman and 
     founder of the television channel Mtavari Arkhi was arrested 
     on charges of possessing an illegal firearm.
       (11) On February 10, 2020, Giorgi (Gigi) Ugulava, the 
     former mayor of Tbilisi and a leader of the political 
     opposition, despite having previously served a prison term of 
     15 months on charges of misusing funds while mayor of 
     Tbilisi, was sentenced to an additional 38 months in prison 
     on similar charges.
       (12) Independent observers and Georgia's political 
     opposition maintain that these arrests were politically 
     motivated.
       (13) On March 8, 2020, the Embassies of the United States, 
     the European Union, and Germany, and the representation of 
     the Council of Europe in Georgia, facilitated an agreement 
     between several political parties of Georgia designed to 
     break a political deadlock, implement Organization for 
     Security Co-operation in Europe recommendations on electoral 
     reform, and move Georgian democracy forward.
       (14) The parties reached a consensus ``on the importance of 
     upholding and striving for the highest standards in the 
     functioning of Georgia's judicial system'' and ``the 
     necessity of addressing actions that could be perceived as 
     inappropriate politicization of Georgia's judicial and 
     electoral processes''.
       (15) The agreement detailed the changes that would be made 
     to the electoral law of the Republic of Georgia under which 
     the 2020 parliamentary elections would be conducted, to 
     include ``an election system for 2020 based on 120 
     proportional mandates and 30 majoritarian mandates, a fair 
     composition of election districts, a 1% threshold, and a cap 
     recognizing that no single party that wins less than 40% of 
     the votes should be able to get its own majority in the next 
     parliament.''.
       (16) On May 11, 2020, having seen little progress in 
     implementing the agreements of March 8, 2020, the 
     facilitators called publicly

[[Page S3610]]

     ``upon all sides to uphold the letter and spirit of both 
     parts of the agreement with a view to its successful 
     implementation''.
       (17) On May 15, 2020, Georgian President Salome 
     Zurabishvili pardoned Irakli Okruashvili and Giorgi (Gigi) 
     Ugulava, saying that ``I cannot allow the agreement 
     recognized by the international community not to be 
     implemented because of them''.
       (18) Despite the agreement, Giorgi Rurua still remains in 
     pre-trial detention.
       (19) Opposition parties in Georgia maintain that the 
     release of all political prisoners, including Mr. Rurua, is a 
     precondition for their support for the agreed upon changed to 
     the electoral law.
       (20) The agreed changes to the electoral system remain 
     incomplete, although parliamentary elections are set for late 
     October 2020.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Senate--
       (1) applauds the strides Georgia has made in governance, 
     economic reforms, and anti-corruption since Georgia's 
     independence from the Soviet Union;
       (2) reaffirms the desire for continued cooperation between 
     the United States and Georgia in furthering those efforts, 
     including in defense of Georgia's sovereignty and territorial 
     integrity, should the Government of Georgia continue to 
     exhibit a good faith effort to implement those reforms;
       (3) urges the Government, elected officials, and political 
     leaders of Georgia to reject the temptations of power and 
     work together to continue to build a free press, allow for 
     private enterprise, and become ever more accountable and 
     transparent in governance;
       (4) underscores the importance of implementing the 
     Organization for Security Co-operation in Europe 
     recommendations on electoral reform agreed to by Georgian 
     political parties on March 8, 2020;
       (5) urges the Government of Georgia to further strengthen 
     the country's democracy by improving judicial independence, 
     including by implementing more transparent procedures to 
     appoint judges for all courts and ending the practice of 
     appointing judges who are unduly influenced by or loyal to 
     the ruling party;
       (6) affirms that successful implementation of these 
     electoral and judicial reforms is critical to the ability of 
     the Government of Georgia to restore trust in its commitment 
     to continued democratic development and further integration 
     with the West;
       (7) calls upon the Government of Georgia to undertake 
     policies that strengthen both the spirit and letter of 
     Georgia's democratic and legal processes and thus further 
     solidify Georgia's Euro-Atlantic path; and
       (8) recognizes the importance of the upcoming elections for 
     the Parliament of Georgia and calls on officials of the 
     Government of Georgia to ensure that such elections are free, 
     fair, peaceful, and conducted according to the rules agreed 
     to on March 8, 2020.
                                 ______
                                 
  SA 2203. Mr. INHOFE (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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. ___. ANNUITY SUPPLEMENT.

       Section 8421a(c) of title 5, United States Code, is 
     amended--
       (1) by striking ``as an air traffic'' and inserting the 
     following: ``as an--
       ``(1) air traffic'';
       (2) in paragraph (1), as so designated, by striking the 
     period at the end and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(2) air traffic controller pursuant to a contract made 
     with the Secretary of Transportation under section 47124 of 
     title 49.''.
                                 ______
                                 
  SA 2204. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. __. TRANSFER OF FUNDS FOR OKLAHOMA CITY NATIONAL 
                   MEMORIAL ENDOWMENT FUND.

       Section 7(1) of the Oklahoma City National Memorial Act of 
     1997 (16 U.S.C. 450ss-5(1 )) is amended by striking ``there 
     is hereby authorized'' and inserting ``the Secretary may 
     provide, from the National Park Service's national recreation 
     and preservation account, the remainder of''.
                                 ______
                                 
  SA 2205. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. SENSE OF CONGRESS ON UNITED STATES-INDIA DEFENSE 
                   RELATIONSHIP.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States has made meaningful progress in 
     strengthening its major defense partnership with India by--
       (A) maintaining a broad-based strategic partnership, 
     underpinned by shared interests and objectives in promoting a 
     rules-based international system;
       (B) establishing the joint/tri-service exercise, Tiger 
     TRIUMPH, focused on amphibious operations;
       (C) building joint peacekeeping capacity efforts;
       (D) enhancing United States-India maritime domain awareness 
     cooperation;
       (E) leveraging the secure communications equipment enabled 
     by the Communications Compatibility and Security Agreement;
       (F) installing liaison officers at United States Naval 
     Forces Central Command and the maritime Information Fusion 
     Center of India;
       (G) establishing a secure hotline for the four 2+2 
     Ministers, which is the consultation mechanism between--
       (i) the Secretary of State and the Secretary of Defense; 
     and
       (ii) the Minister of External Affairs and the Minister of 
     Defence of India; and
       (H) discussing critical mutual defense issues at the first 
     quadrilateral ministerial-level meeting on the sidelines of 
     the United Nations General Assembly among the United States, 
     India, Australia, and Japan in September 2019; and
       (2) the United States should strengthen and enhance its 
     major defense partnership with India by--
       (A) expanding defense-specific engagement in multilateral 
     frameworks, including the quadrilateral dialogue among the 
     United States, India, Japan, and Australia, to promote 
     regional security and defend shared values and common 
     interests in the rules-based order;
       (B) increasing the frequency and scope of exchanges between 
     senior military officers of the United States and India to 
     support the development and implementation of the major 
     defense partnership;
       (C) exploring additional steps to implement the major 
     defense partner designation to better facilitate 
     interoperability, information sharing, and appropriate 
     technology transfers;
       (D) pursuing strategic initiatives to help develop the 
     defense capabilities of India;
       (E) conducting additional combined exercises with India in 
     the Persian Gulf, Indian Ocean, and western Pacific regions;
       (F) furthering cooperative efforts to promote stability and 
     security in Afghanistan;
       (G) remaining committed to concluding the two remaining 
     ``enabling agreements'', which are--
       (i) the Industrial Security Agreement; and
       (ii) the Basic Exchange and Cooperation Agreement;
       (H) fully and quickly implementing of the Communications 
     Compatibility and Security Agreement, which is critical to 
     advancing United States-India interoperability;
       (I) continuing the efforts of the Commander of the United 
     States Indo-Pacific Command, in cooperation with the Minister 
     of Defence of India--
       (i) to retrofit existing United States-origin equipment; 
     and
       (ii) to incorporate communications security into future 
     United States defense sales;
       (J) focusing on several priority areas for cooperation, 
     including Air Launched Small Unmanned Aerial Systems, 
     Lightweight Small Arms Technologies, and Intelligence 
     Surveillance, Targeting and Reconnaissance;
       (K) expanding military-to-military cooperation, including 
     more joint/tri-service cooperation;
       (L) strengthening maritime operational cooperation and 
     information sharing;
       (M) increasing Professional Military Education 
     opportunities and exchanges between personnel and liaison 
     officers; and
       (N) strengthening cooperation between the Army, Air Force, 
     and Special Operations Forces of the United States and the 
     military forces of India; and
       (O) identifying additional practical areas for cooperation 
     between the United States and India in and beyond the Indo-
     Pacific region.
                                 ______
                                 
  SA 2206. Mr. BARRASSO (for himself, Mr. Whitehouse, Mr. Carper, Mrs. 
Capito, Mr. Cramer, Mr. Coons, Mr. Hoeven, Mr. Rounds, and Mr. Manchin) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for

[[Page S3611]]

such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE 
                   TECHNOLOGIES.

       (a) Short Title.--This section may be cited as the 
     ``Utilizing Significant Emissions with Innovative 
     Technologies Act'' or the ``USE IT Act''.
       (b) Research, Investigation, Training, and Other 
     Activities.--Section 103 of the Clean Air Act (42 U.S.C. 
     7403) is amended--
       (1) in subsection (c)(3), in the first sentence of the 
     matter preceding subparagraph (A), by striking ``percursors'' 
     and inserting ``precursors''; and
       (2) in subsection (g)--
       (A) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and indenting 
     appropriately;
       (B) in the undesignated matter following subparagraph (D) 
     (as so redesignated)--
       (i) in the second sentence, by striking ``The 
     Administrator'' and inserting the following:
       ``(5) Coordination and avoidance of duplication.--The 
     Administrator''; and
       (ii) in the first sentence, by striking ``Nothing'' and 
     inserting the following:
       ``(4) Effect of subsection.--Nothing'';
       (C) in the matter preceding subparagraph (A) (as so 
     redesignated)--
       (i) in the third sentence, by striking ``Such program'' and 
     inserting the following:
       ``(3) Program inclusions.--The program under this 
     subsection'';
       (ii) in the second sentence--

       (I) by inserting ``States, institutions of higher 
     education,'' after ``scientists,''; and
       (II) by striking ``Such strategies and technologies shall 
     be developed'' and inserting the following:

       ``(2) Participation requirement.--Such strategies and 
     technologies described in paragraph (1) shall be developed''; 
     and
       (iii) in the first sentence, by striking ``In carrying 
     out'' and inserting the following:
       ``(1) In general.--In carrying out''; and
       (D) by adding at the end the following:
       ``(6) Certain carbon dioxide activities.--
       ``(A) In general.--In carrying out paragraph (3)(A) with 
     respect to carbon dioxide, the Administrator shall carry out 
     the activities described in each of subparagraphs (B), (C), 
     (D), and (E).
       ``(B) Direct air capture research.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Board.--The term `Board' means the Direct Air Capture 
     Technology Advisory Board established by clause (iii)(I).
       ``(II) Dilute.--The term `dilute' means a concentration of 
     less than 1 percent by volume.
       ``(III) Direct air capture.--

       ``(aa) In general.--The term `direct air capture', with 
     respect to a facility, technology, or system, means that the 
     facility, technology, or system uses carbon capture equipment 
     to capture carbon dioxide directly from the air.
       ``(bb) Exclusion.--The term `direct air capture' does not 
     include any facility, technology, or system that captures 
     carbon dioxide--
       ``(AA) that is deliberately released from a naturally 
     occurring subsurface spring; or
       ``(BB) using natural photosynthesis.

       ``(IV) Intellectual property.--The term `intellectual 
     property' means--

       ``(aa) an invention that is patentable under title 35, 
     United States Code; and
       ``(bb) any patent on an invention described in item (aa).
       ``(ii) Technology prizes.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of the USE IT Act, the Administrator, in 
     consultation with the Secretary of Energy, shall establish a 
     program to provide, and shall provide, financial awards on a 
     competitive basis for direct air capture from media in which 
     the concentration of carbon dioxide is dilute.
       ``(II) Duties.--In carrying out this clause, the 
     Administrator shall--

       ``(aa) subject to subclause (III), develop specific 
     requirements for--
       ``(AA) the competition process; and
       ``(BB) the demonstration of performance of approved 
     projects;
       ``(bb) offer financial awards for a project designed--
       ``(AA) to the maximum extent practicable, to capture more 
     than 10,000 tons of carbon dioxide per year; and
       ``(BB) to operate in a manner that would be commercially 
     viable in the foreseeable future (as determined by the 
     Board); and
       ``(cc) to the maximum extent practicable, make financial 
     awards to geographically diverse projects, including at 
     least--
       ``(AA) 1 project in a coastal State; and
       ``(BB) 1 project in a rural State.

       ``(III) Public participation.--In carrying out subclause 
     (II)(aa), the Administrator shall--

       ``(aa) provide notice of and, for a period of not less than 
     60 days, an opportunity for public comment on, any draft or 
     proposed version of the requirements described in subclause 
     (II)(aa); and
       ``(bb) take into account public comments received in 
     developing the final version of those requirements.
       ``(iii) Direct air capture technology advisory board.--

       ``(I) Establishment.--There is established an advisory 
     board to be known as the `Direct Air Capture Technology 
     Advisory Board'.
       ``(II) Composition.--The Board shall be composed of 9 
     members appointed by the Administrator, who shall provide 
     expertise in--

       ``(aa) climate science;
       ``(bb) physics;
       ``(cc) chemistry;
       ``(dd) biology;
       ``(ee) engineering;
       ``(ff) economics;
       ``(gg) business management; and
       ``(hh) such other disciplines as the Administrator 
     determines to be necessary to achieve the purposes of this 
     subparagraph.

       ``(III) Term; vacancies.--

       ``(aa) Term.--A member of the Board shall serve for a term 
     of 6 years.
       ``(bb) Vacancies.--A vacancy on the Board--
       ``(AA) shall not affect the powers of the Board; and
       ``(BB) shall be filled in the same manner as the original 
     appointment was made.

       ``(IV) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Board have been appointed, 
     the Board shall hold the initial meeting of the Board.
       ``(V) Meetings.--The Board shall meet at the call of the 
     Chairperson or on the request of the Administrator.
       ``(VI) Quorum.--A majority of the members of the Board 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       ``(VII) Chairperson and vice chairperson.--The Board shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Board.
       ``(VIII) Compensation.--Each member of the Board may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code, for each day during which the member is 
     engaged in the actual performance of the duties of the Board.
       ``(IX) Duties.--The Board shall advise the Administrator on 
     carrying out the duties of the Administrator under this 
     subparagraph.
       ``(X) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Board.

       ``(iv) Intellectual property.--

       ``(I) In general.--As a condition of receiving a financial 
     award under this subparagraph, an applicant shall agree to 
     vest the intellectual property of the applicant derived from 
     the technology in 1 or more entities that are incorporated in 
     the United States.
       ``(II) Reservation of license.--The United States--

       ``(aa) may reserve a nonexclusive, nontransferable, 
     irrevocable, paid-up license, to have practiced for or on 
     behalf of the United States, in connection with any 
     intellectual property described in subclause (I); but
       ``(bb) shall not, in the exercise of a license reserved 
     under item (aa), publicly disclose proprietary information 
     relating to the license.

       ``(III) Transfer of title.--Title to any intellectual 
     property described in subclause (I) shall not be transferred 
     or passed, except to an entity that is incorporated in the 
     United States, until the expiration of the first patent 
     obtained in connection with the intellectual property.

       ``(v) Authorization of appropriations.--

       ``(I) In general.--Of the amounts authorized to be 
     appropriated for the Environmental Protection Agency, 
     $35,000,000 shall be available to carry out this 
     subparagraph, to remain available until expended.
       ``(II) Requirement.--Research carried out using amounts 
     made available under subclause (I) may not duplicate research 
     funded by the Department of Energy.

       ``(vi) Termination of authority.--The Board and all 
     authority provided under this subparagraph shall terminate 
     not later than 10 years after the date of enactment of the 
     USE IT Act.
       ``(C) Carbon dioxide utilization research.--
       ``(i) Definition of carbon dioxide utilization.--In this 
     subparagraph, the term `carbon dioxide utilization' refers to 
     technologies or approaches that lead to the use of carbon 
     dioxide--

       ``(I) through the fixation of carbon dioxide through 
     photosynthesis or chemosynthesis, such as through the growing 
     of algae or bacteria;
       ``(II) through the chemical conversion of carbon dioxide to 
     a material or chemical compound in which the carbon dioxide 
     is securely stored; or
       ``(III) through the use of carbon dioxide for any other 
     purpose for which a commercial market exists, as determined 
     by the Administrator.

       ``(ii) Program.--The Administrator, in consultation with 
     the Secretary of Energy,

[[Page S3612]]

     shall carry out a research and development program for carbon 
     dioxide utilization to promote existing and new technologies 
     that transform carbon dioxide generated by industrial 
     processes into a product of commercial value, or as an input 
     to products of commercial value.
       ``(iii) Technical and financial assistance.--Not later than 
     2 years after the date of enactment of the USE IT Act, in 
     carrying out this subsection, the Administrator, in 
     consultation with the Secretary of Energy, shall support 
     research and infrastructure activities relating to carbon 
     dioxide utilization by providing technical assistance and 
     financial assistance in accordance with clause (iv).
       ``(iv) Eligibility.--To be eligible to receive technical 
     assistance and financial assistance under clause (iii), a 
     carbon dioxide utilization project shall--

       ``(I) have access to an emissions stream generated by a 
     stationary source within the United States that is capable of 
     supplying not less than 250 metric tons per day of carbon 
     dioxide for research;
       ``(II) have access to adequate space for a laboratory and 
     equipment for testing small-scale carbon dioxide utilization 
     technologies, with onsite access to larger test bays for 
     scale-up; and
       ``(III) have existing partnerships with institutions of 
     higher education, private companies, States, or other 
     government entities.

       ``(v) Coordination.--In supporting carbon dioxide 
     utilization projects under this paragraph, the Administrator 
     shall consult with the Secretary of Energy, and, as 
     appropriate, with the head of any other relevant Federal 
     agency, States, the private sector, and institutions of 
     higher education to develop methods and technologies to 
     account for the carbon dioxide emissions avoided by the 
     carbon dioxide utilization projects.
       ``(vi) Authorization of appropriations.--

       ``(I) In general.--Of the amounts authorized to be 
     appropriated for the Environmental Protection Agency, 
     $50,000,000 shall be available to carry out this 
     subparagraph, to remain available until expended.
       ``(II) Requirement.--Research carried out using amounts 
     made available under subclause (I) may not duplicate research 
     funded by the Department of Energy.

       ``(D) Deep saline formation report.--
       ``(i) Definition of deep saline formation.--

       ``(I) In general.--In this subparagraph, the term `deep 
     saline formation' means a formation of subsurface 
     geographically extensive sedimentary rock layers saturated 
     with waters or brines that have a high total dissolved solids 
     content and that are below the depth where carbon dioxide can 
     exist in the formation as a supercritical fluid.
       ``(II) Clarification.--In this subparagraph, the term `deep 
     saline formation' does not include oil and gas reservoirs.

       ``(ii) Report.--In consultation with the Secretary of 
     Energy, and, as appropriate, with the head of any other 
     relevant Federal agency and relevant stakeholders, not later 
     than 1 year after the date of enactment of the USE IT Act, 
     the Administrator shall prepare, submit to Congress, and make 
     publicly available a report that includes--

       ``(I) a comprehensive identification of potential risks and 
     benefits to project developers associated with increased 
     storage of carbon dioxide captured from stationary sources in 
     deep saline formations, using existing research;
       ``(II) recommendations, if any, for managing the potential 
     risks identified under subclause (I), including potential 
     risks unique to public land; and
       ``(III) recommendations, if any, for Federal legislation or 
     other policy changes to mitigate any potential risks 
     identified under subclause (I).

       ``(E) Report on carbon dioxide nonregulatory strategies and 
     technologies.--
       ``(i) In general.--Not less frequently than once every 2 
     years, the Administrator shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that describes--

       ``(I) the recipients of assistance under subparagraphs (B) 
     and (C); and
       ``(II) a plan for supporting additional nonregulatory 
     strategies and technologies that could significantly prevent 
     carbon dioxide emissions or reduce carbon dioxide levels in 
     the air, in conjunction with other Federal agencies.

       ``(ii) Inclusions.--The plan submitted under clause (i) 
     shall include--

       ``(I) a methodology for evaluating and ranking technologies 
     based on the ability of the technologies to cost effectively 
     reduce carbon dioxide emissions or carbon dioxide levels in 
     the air; and
       ``(II) a description of any nonair-related environmental or 
     energy considerations regarding the technologies.

       ``(F) GAO report.--The Comptroller General of the United 
     States shall submit to Congress a report that--
       ``(i) identifies all Federal grant programs in which a 
     purpose of a grant under the program is to perform research 
     on carbon capture and utilization technologies, including 
     direct air capture technologies; and
       ``(ii) examines the extent to which the Federal grant 
     programs identified pursuant to clause (i) overlap or are 
     duplicative.''.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall submit to Congress a report 
     describing how funds appropriated to the Administrator during 
     the 5 most recent fiscal years have been used to carry out 
     section 103 of the Clean Air Act (42 U.S.C. 7403), including 
     a description of--
       (1) the amount of funds used to carry out specific 
     provisions of that section; and
       (2) the practices used by the Administrator to 
     differentiate funding used to carry out that section, as 
     compared to funding used to carry out other provisions of 
     law.
       (d) Inclusion of Carbon Capture Infrastructure Projects.--
     Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is 
     amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by inserting 
     ``carbon capture,'' after ``manufacturing,'';
       (B) in clause (i)(III), by striking ``or'' at the end;
       (C) by redesignating clause (ii) as clause (iii); and
       (D) by inserting after clause (i) the following:
       ``(ii) is covered by a programmatic plan or environmental 
     review developed for the primary purpose of facilitating 
     development of carbon dioxide pipelines; or''; and
       (2) by adding at the end the following:
       ``(C) Inclusion.--For purposes of subparagraph (A), 
     construction of infrastructure for carbon capture includes 
     construction of--
       ``(i) any facility, technology, or system that captures, 
     utilizes, or sequesters carbon dioxide emissions, including 
     projects for direct air capture (as defined in paragraph 
     (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 
     7403(g)); and
       ``(ii) carbon dioxide pipelines.''.
       (e) Development of Carbon Capture, Utilization, and 
     Sequestration Report, Permitting Guidance, and Regional 
     Permitting Task Force.--
       (1) Definitions.--In this subsection:
       (A) Carbon capture, utilization, and sequestration 
     projects.--The term ``carbon capture, utilization, and 
     sequestration projects'' includes projects for direct air 
     capture (as defined in paragraph (6)(B)(i) of section 103(g) 
     of the Clean Air Act (42 U.S.C. 7403(g))).
       (B) Efficient, orderly, and responsible.--The term 
     ``efficient, orderly, and responsible'' means, with respect 
     to development or the permitting process for carbon capture, 
     utilization, and sequestration projects and carbon dioxide 
     pipelines, a process that is completed in an expeditious 
     manner while maintaining environmental, health, and safety 
     protections.
       (2) Report.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Chair of the Council on 
     Environmental Quality (referred to in this section as the 
     ``Chair''), in consultation with the Administrator of the 
     Environmental Protection Agency, the Secretary of Energy, the 
     Secretary of the Interior, the Executive Director of the 
     Federal Permitting Improvement Council, and the head of any 
     other relevant Federal agency (as determined by the 
     President), shall prepare a report that--
       (i) compiles all existing relevant Federal permitting and 
     review information and resources for project applicants, 
     agencies, and other stakeholders interested in the deployment 
     of carbon capture, utilization, and sequestration projects 
     and carbon dioxide pipelines, including--

       (I) the appropriate points of interaction with Federal 
     agencies;
       (II) clarification of the permitting responsibilities and 
     authorities among Federal agencies; and
       (III) best practices and templates for permitting;

       (ii) inventories current or emerging activities that 
     transform captured carbon dioxide into a product of 
     commercial value, or as an input to products of commercial 
     value;
       (iii) inventories existing initiatives and recent 
     publications that analyze or identify priority carbon dioxide 
     pipelines needed to enable efficient, orderly, and 
     responsible development of carbon capture, utilization, and 
     sequestration projects at increased scale;
       (iv) identifies gaps in the current Federal regulatory 
     framework for the deployment of carbon capture, utilization, 
     and sequestration projects and carbon dioxide pipelines; and
       (v) identifies Federal financing mechanisms available to 
     project developers.
       (B) Submission; publication.--The Chair shall--
       (i) submit the report under subparagraph (A) to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives; and
       (ii) as soon as practicable, make the report publicly 
     available.
       (3) Guidance.--
       (A) In general.--After submission of the report under 
     paragraph (2)(B), but not later than 1 year after the date of 
     enactment of this Act, the Chair shall submit guidance 
     consistent with that report to all relevant Federal agencies 
     that--
       (i) facilitates reviews associated with the deployment of 
     carbon capture, utilization, and sequestration projects and 
     carbon dioxide pipelines; and
       (ii) supports the efficient, orderly, and responsible 
     development of carbon capture, utilization, and sequestration 
     projects and carbon dioxide pipelines.
       (B) Requirements.--

[[Page S3613]]

       (i) In general.--The guidance under subparagraph (A) shall 
     address requirements under--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (II) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       (III) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (V) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (VI) division A of subtitle III of title 54, United States 
     Code (formerly known as the ``National Historic Preservation 
     Act'');
       (VII) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
     seq.);
       (VIII) the Act of June 8, 1940 (16 U.S.C. 668 et seq.) 
     (commonly known as the ``Bald and Golden Eagle Protection 
     Act''); and
       (IX) any other Federal law that the Chair determines to be 
     appropriate.

       (ii) Environmental reviews.--The guidance under 
     subparagraph (A) shall include direction to States and other 
     interested parties for the development of programmatic 
     environmental reviews under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture, 
     utilization, and sequestration projects and carbon dioxide 
     pipelines.
       (iii) Public involvement.--The guidance under subparagraph 
     (A) shall be subject to the public notice, comment, and 
     solicitation of information procedures under section 1506.6 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (C) Submission; publication.--The Chair shall--
       (i) submit the guidance under subparagraph (A) to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives; and
       (ii) as soon as practicable, make the guidance publicly 
     available.
       (D) Evaluation.--The Chair shall--
       (i) periodically evaluate the reports of the task forces 
     under paragraph (4)(E) and, as necessary, revise the guidance 
     under subparagraph (A); and
       (ii) each year, submit to the Committee on Environment and 
     Public Works of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and relevant 
     Federal agencies a report that describes any recommendations 
     for legislation, rules, revisions to rules, or other policies 
     that would address the issues identified by the task forces 
     under paragraph (4)(E).
       (4) Task force.--
       (A) Establishment.--Not later than 18 months after the date 
     of enactment of this Act, the Chair shall establish not less 
     than 2 task forces, which shall each cover a different 
     geographical area with differing demographic, land use, or 
     geological issues--
       (i) to identify permitting and other challenges and 
     successes that permitting authorities and project developers 
     and operators face; and
       (ii) to improve the performance of the permitting process 
     and regional coordination for the purpose of promoting the 
     efficient, orderly, and responsible development of carbon 
     capture, utilization, and sequestration projects and carbon 
     dioxide pipelines.
       (B) Members and selection.--
       (i) In general.--The Chair shall--

       (I) develop criteria for the selection of members to each 
     task force; and
       (II) select members for each task force in accordance with 
     subclause (I) and clause (ii).

       (ii) Members.--Each task force--

       (I) shall include not less than 1 representative of each 
     of--

       (aa) the Environmental Protection Agency;
       (bb) the Department of Energy;
       (cc) the Department of the Interior;
       (dd) any other Federal agency the Chair determines to be 
     appropriate;
       (ee) any State that requests participation in the 
     geographical area covered by the task force;
       (ff) developers or operators of carbon capture, 
     utilization, and sequestration projects or carbon dioxide 
     pipelines; and
       (gg) nongovernmental membership organizations, the primary 
     mission of which concerns protection of the environment; and

       (II) at the request of a Tribal or local government, may 
     include a representative of--

       (aa) not less than 1 local government in the geographical 
     area covered by the task force; and
       (bb) not less than 1 Tribal government in the geographical 
     area covered by the task force.
       (C) Meetings.--
       (i) In general.--Each task force shall meet not less than 
     twice each year.
       (ii) Joint meeting.--To the maximum extent practicable, the 
     task forces shall meet collectively not less than once each 
     year.
       (D) Duties.--Each task force shall--
       (i) inventory existing or potential Federal and State 
     approaches to facilitate reviews associated with the 
     deployment of carbon capture, utilization, and sequestration 
     projects and carbon dioxide pipelines, including best 
     practices that--

       (I) avoid duplicative reviews;
       (II) engage stakeholders early in the permitting process; 
     and
       (III) make the permitting process efficient, orderly, and 
     responsible;

       (ii) develop common models for State-level carbon dioxide 
     pipeline regulation and oversight guidelines that can be 
     shared with States in the geographical area covered by the 
     task force;
       (iii) provide technical assistance to States in the 
     geographical area covered by the task force in implementing 
     regulatory requirements and any models developed under clause 
     (ii);
       (iv) inventory current or emerging activities that 
     transform captured carbon dioxide into a product of 
     commercial value, or as an input to products of commercial 
     value;
       (v) identify any priority carbon dioxide pipelines needed 
     to enable efficient, orderly, and responsible development of 
     carbon capture, utilization, and sequestration projects at 
     increased scale;
       (vi) identify gaps in the current Federal and State 
     regulatory framework and in existing data for the deployment 
     of carbon capture, utilization, and sequestration projects 
     and carbon dioxide pipelines;
       (vii) identify Federal and State financing mechanisms 
     available to project developers; and
       (viii) develop recommendations for relevant Federal 
     agencies on how to develop and research technologies that--

       (I) can capture carbon dioxide; and
       (II) would be able to be deployed within the region covered 
     by the task force, including any projects that have received 
     technical or financial assistance for research under 
     paragraph (6) of section 103(g) of the Clean Air Act (42 
     U.S.C. 7403(g)).

       (E) Report.--Each year, each task force shall prepare and 
     submit to the Chair and to the other task forces a report 
     that includes--
       (i) any recommendations for improvements in efficient, 
     orderly, and responsible issuance or administration of 
     Federal permits and other Federal authorizations required 
     under a law described in paragraph (3)(B)(i); and
       (ii) any other nationally relevant information that the 
     task force has collected in carrying out the duties under 
     subparagraph (D).
       (F) Evaluation.--Not later than 5 years after the date of 
     enactment of this Act, the Chair shall--
       (i) reevaluate the need for the task forces; and
       (ii) submit to Congress a recommendation as to whether the 
     task forces should continue.
                                 ______
                                 
  SA 2207. Mr. HOEVEN (for himself, Mr. Udall, Mr. Barrasso, Ms. 
Murkowski, Ms. McSally, Mr. Tester, Mr. Schatz, Mr. Cramer, Ms. Smith, 
and Mr. Daines) submitted an amendment intended to be proposed by him 
to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

 DIVISION E--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                            REAUTHORIZATION

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2020''.

     SEC. 5102. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project at the time of environmental review, 
     the Indian tribe of the recipient may assume, in addition to 
     all of the responsibilities for environmental review, 
     decision making, and action under subsection (a), all of the 
     additional responsibilities for environmental review, 
     decision making, and action under provisions of law that 
     would apply to each Federal agency providing additional 
     funding were the Federal agency to carry out the project as a 
     Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--
       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and
       ``(B) that the certifying officer consents to assume the 
     status of a responsible Federal official under the provisions 
     of law that would apply to each Federal agency providing 
     additional funding under paragraph (1).
       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under

[[Page S3614]]

     this subsection shall assume sole liability for the content 
     and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to carry out 
     the responsibilities of the Indian tribe as described in 
     subsection (a) or paragraph (1), as applicable, the Secretary 
     or other head, as applicable, may impose appropriate remedies 
     and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2021 through 2031''.

     SEC. 5104. STUDENT HOUSING ASSISTANCE.

       Section 202(3) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is 
     amended by inserting ``including education-related stipends, 
     college housing assistance, and other education-related 
     assistance for low-income college students,'' after ``self-
     sufficiency and other services,''.

     SEC. 5105. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR 
                   OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED 
                   HOUSING ENTITY.

       Section 203(a)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is 
     amended by inserting ``owned or operated by a recipient and'' 
     after ``residing in a dwelling unit''.

     SEC. 5106. PROGRAM REQUIREMENTS.

       Section 203(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as 
     amended by section 5) is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following:
       ``(2) Application of tribal policies.--Paragraph (3) shall 
     not apply if--
       ``(A) the recipient has a written policy governing rents 
     and homebuyer payments charged for dwelling units; and
       ``(B) that policy includes a provision governing maximum 
     rents or homebuyer payments, including tenant protections.''; 
     and
       (4) in paragraph (3) (as so redesignated), by striking ``In 
     the case of'' and inserting ``In the absence of a written 
     policy governing rents and homebuyer payments, in the case 
     of''.

     SEC. 5107. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is 
     amended by striking ``$5,000'' and inserting ``$10,000''.

     SEC. 5108. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c)--
       (A) by striking ``The provisions'' and inserting the 
     following:
       ``(1) In general.--The provisions''; and
       (B) by adding at the end the following:
       ``(2) Applicability to improvements.--The provisions of 
     subsection (a)(2) regarding binding commitments for the 
     remaining useful life of property shall not apply to 
     improvements of privately owned homes if the cost of the 
     improvements do not exceed 10 percent of the maximum total 
     development cost for the home.''.

     SEC. 5109. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
     adding at the end the following:
       ``(c) Notice of Termination.--The notice period described 
     in subsection (a)(3) shall apply to projects and programs 
     funded in part by amounts authorized under this Act.''.

     SEC. 5110. INDIAN HEALTH SERVICE.

       (a) In General.--Subtitle A of title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

       ``Notwithstanding any other provision of law, the Director 
     of the Indian Health Service, or a recipient receiving 
     funding for a housing construction or renovation project 
     under this title, may use funding from the Indian Health 
     Service for the construction of sanitation facilities under 
     that project.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (Public Law 104-330; 110 Stat. 
     4016) is amended by inserting after the item relating to 
     section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

     SEC. 5111. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

       Section 401(a)(4) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``may take an action 
     described in paragraph (1)(C)'' and inserting ``may 
     immediately take an action described in paragraph (1)(C)''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Procedural requirements.--
       ``(i) In general.--If the Secretary takes an action 
     described in subparagraph (A), the Secretary shall provide 
     notice to the recipient at the time that the Secretary takes 
     that action.
       ``(ii) Notice requirements.--The notice under clause (i) 
     shall inform the recipient that the recipient may request a 
     hearing by not later than 30 days after the date on which the 
     Secretary provides the notice.
       ``(iii) Hearing requirements.--A hearing requested under 
     clause (ii) shall be conducted--

       ``(I) in accordance with subpart A of part 26 of title 24, 
     Code of Federal Regulations (or successor regulations); and
       ``(II) to the maximum extent practicable, on an expedited 
     basis.

       ``(iv) Failure to conduct a hearing.--If a hearing 
     requested under clause (ii) is not completed by the date that 
     is 180 days after the date on which the recipient requests 
     the hearing, the action of the Secretary to limit the 
     availability of payments shall no longer be effective.''.

     SEC. 5112. REPORTS TO CONGRESS.

       Section 407 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Indian Affairs and the Committee on 
     Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives''; and
       (2) by adding at the end the following:
       ``(c) Public Availability.--The report described in 
     subsection (a) shall be made publicly available, including to 
     recipients.''.

     SEC. 5113. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

       Section 702 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
       (1) in the section heading, by striking ``50-year'' and 
     inserting ``99-year'';
       (2) in subsection (b), by striking ``50 years'' and 
     inserting ``99 years''; and
       (3) in subsection (c)(2), by striking ``50 years'' and 
     inserting ``99 years''.

     SEC. 5114. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end and inserting ``such 
     sums as may be necessary for each of fiscal years 2021 
     through 2031.''.

     SEC. 5115. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

       Affordable housing (as defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103)) that is developed, acquired, or 
     assisted under the block grant program established under 
     section 101 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4111) shall not 
     exceed by more than 20 percent, without prior approval of the 
     Secretary of Housing and Urban Development, the total 
     development cost maximum cost for all housing assisted under 
     an affordable housing activity, including development and 
     model activities.

     SEC. 5116. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-based Development Organizations.--
       ``(1) Definitions.--In this subsection, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).
       ``(2) Qualification.--Notwithstanding any other provision 
     of law, an Indian tribe or a tribally designated housing 
     entity shall

[[Page S3615]]

     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a).''.

     SEC. 5117. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
                   COUNSELING GRANTS.

       Section 106(a)(4) of the Housing and Urban Development Act 
     of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting before the period at the end the 
     following: ``, Indian tribes, and tribally designated housing 
     entities'';
       (2) in subparagraph (B), by inserting ``, Indian tribes, 
     and tribally designated housing entities'' after 
     ``organizations)'';
       (3) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) Definitions.--In this paragraph, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).''.

     SEC. 5118. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184(b)(4) of the Housing and 
     Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) 
     is amended by--
       (1) redesignating subparagraphs (A) through (D) as clauses 
     (i) through (iv), respectively, and adjusting the margins 
     accordingly;
       (2) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (3) in subparagraph (A), as so designated, by adding at the 
     end the following:
       ``(v) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (4) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a 
     mortgage guaranteed through a direct guarantee process under 
     this subparagraph was not originated in accordance with the 
     requirements established by the Secretary, the Secretary may 
     require the lender approved under this subparagraph to 
     indemnify the Secretary for the loss, irrespective of whether 
     the violation caused the mortgage default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a direct guarantee process 
     under this subparagraph, the Secretary shall require the 
     original lender approved under this subparagraph to indemnify 
     the Secretary for the loss regardless of when an insurance 
     claim is paid.

       ``(C) Review of mortgagees.--
       ``(i) In general.--The Secretary may periodically review 
     the mortgagees originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(ii) Requirements.--In conducting a review under clause 
     (i), the Secretary--

       ``(I) shall compare the mortgagee with other mortgagees 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed mortgage loans originated, underwritten, or 
     serviced by that mortgagee;
       ``(II) may compare the mortgagee with such other mortgagees 
     based on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the Secretary;

       ``(iii) shall implement such comparisons by regulation, 
     notice, or mortgagee letter; and

       ``(I) may terminate the approval of a mortgagee to 
     originate, underwrite, or service loan guarantees for housing 
     under this section if the Secretary determines that the 
     mortgage loans originated, underwritten, or serviced by the 
     mortgagee present an unacceptable risk to the Indian Housing 
     Loan Guarantee Fund established under subsection (i)--

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2021 through 2031.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2021 through 2031''.

     SEC. 5119. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A(j)(5)(B) of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13b(j)(5)) is 
     amended by inserting after the first sentence the following: 
     ``There are authorized to be appropriated for those costs 
     such sums as may be necessary for each of fiscal years 2021 
     through 2031.''

     SEC. 5120. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY 
                   DESIGNATED HOUSING ENTITIES IN CONTINUUM OF 
                   CARE PROGRAM.

       (a) In General.--Title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11360 et seq.) is amended--
       (1) in section 401(8) (42 U.S.C. 11360(8)), by inserting 
     ``Indian reservations and trust land,'' after 
     ``nonentitlement area,''; and
       (2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at 
     the end the following:

     ``SEC. 435. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY 
                   DESIGNATED HOUSING ENTITIES.

       ``Notwithstanding any other provision of this title, for 
     purposes of this subtitle, an Indian tribe or tribally 
     designated housing entity (as defined in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103)) may--
       ``(1) be a collaborative applicant or eligible entity; or
       ``(2) receive grant amounts from another entity that 
     receives a grant directly from the Secretary, and use the 
     amounts in accordance with this subtitle.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 101(b) of the McKinney-Vento Homeless 
     Assistance Act (Public Law 100-77; 101 Stat. 482) is amended 
     by inserting after the item relating to section 434 the 
     following:

``Sec. 435. Participation of Indian tribes and tribally designated 
              housing entities.''.

     SEC. 5121. ASSISTANT SECRETARY FOR INDIAN HOUSING.

       The Department of Housing and Urban Development Act (42 
     U.S.C. 3531 et seq.) is amended--
       (1) in section 4 (42 U.S.C. 3533)--
       (A) in subsection (a)(1), by striking ``7'' and inserting 
     ``8''; and
       (B) in subsection (e)--
       (i) by redesignating paragraph (2) as paragraph (4); and
       (ii) by striking ``(e)(1)(A) There'' and all that follows 
     through the end of paragraph (1) and inserting the following:
       ``(e)(1) There is established within the Department the 
     Office of Native American Programs (in this subsection 
     referred to as the `Office') to be headed by an Assistant 
     Secretary for Native American Programs (in this subsection 
     referred to as the `Assistant Secretary'), who shall be 1 of 
     the Assistant Secretaries in subsection (a)(1).
       ``(2) The Assistant Secretary shall be responsible for--
       ``(A) administering, in coordination with the relevant 
     office in the Department, the provision of housing assistance 
     to Indian tribes or Indian housing authorities under each 
     program of the Department that provides for such assistance;
       ``(B) administering the community development block grant 
     program for Indian tribes under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
     and the provision of assistance to Indian tribes under such 
     Act;
       ``(C) directing, coordinating, and assisting in managing 
     any regional offices of the Department that administer Indian 
     programs to the extent of such programs; and
       ``(D) coordinating all programs of the Department relating 
     to Indian and Alaska Native housing and community 
     development.
       ``(3) The Secretary shall include in the annual report 
     under section 8 a description of the extent of the housing 
     needs for Indian families and community development needs of 
     Indian tribes in the United States and the activities of the 
     Department, and extent of such activities, in meeting such 
     needs.''; and
       (2) in section 8 (42 U.S.C. 3536), by striking ``section 
     4(e)(2)'' and inserting ``section 4(e)(4)''.

     SEC. 5122. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may make grants under 
     this section to recipients of assistance under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-
     related and violent crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--

[[Page S3616]]

       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing projects funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents; and
       (8) sports programs and sports activities that serve 
     primarily youths from housing projects funded through and are 
     operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those projects.
       (d) Applications.--
       (1) In general.--To receive a grant under this subsection, 
     an eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section among public housing agencies, 
     including provisions used to provide for renewals of ongoing 
     programs funded under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under section are not used to fund baseline 
     local government services, as described in subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall cause to 
     be published in the Federal Register not less frequently than 
     annually a notice of all grant awards made pursuant to 
     section, which shall identify the grantees and the amount of 
     the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, which may include the 
     use of on-site monitoring, independent public audit 
     requirements, certification by tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2), entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section, and any applicable enforcement 
     authority provided to the Secretary under the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2021 through 2031 to carry out this section.

     SEC. 5123. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(D) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a rental 
     assistance and supported housing program, to be known as the 
     `Tribal HUD-VASH program', in conjunction with the Secretary 
     of Veterans Affairs, by awarding grants for the benefit of 
     eligible Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design

[[Page S3617]]

     of the Program to ensure the effective delivery of rental 
     assistance and supportive services to eligible Indian 
     veterans under the Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this subparagraph, and every 5 years thereafter, 
     the Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee on Indian, Insular and Alaska 
     Native Affairs of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the regulations described in item (aa) as 
     a barrier to implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.

     SEC. 5124. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     division or the amendments made by this division may be used 
     for purposes of meeting matching or cost participation 
     requirements under any other Federal or non-Federal program, 
     provided that such grants made pursuant to the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) are spent in accordance with 
     that Act.
                                 ______
                                 
  SA 2208. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

             TITLE XLVIII--BUREAU OF RECLAMATION PROVISIONS

 Subtitle A--Water Supply Infrastructure Rehabilitation and Utilization

     SEC. 4801. AGING INFRASTRUCTURE ACCOUNT.

       Section 9603 of the Omnibus Public Land Management Act of 
     2009 (43 U.S.C. 510b) is amended by adding at the end the 
     following:
       ``(d) Aging Infrastructure Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a special account, to be known as the 
     `Aging Infrastructure Account' (referred to in this 
     subsection as the `Account'), to provide funds to, and 
     provide for the extended repayment of the funds by, a 
     transferred works operating entity or project beneficiary 
     responsible for repayment of reimbursable costs for the 
     conduct of extraordinary operation and maintenance work at a 
     project facility, which shall consist of--
       ``(A) any amounts that are specifically appropriated to the 
     Account under section 9605; and
       ``(B) any amounts deposited in the Account under paragraph 
     (3)(B).
       ``(2) Expenditures.--Subject to appropriations and 
     paragraph (3), the Secretary may expend amounts in the 
     Account to fund and provide for extended repayment of the 
     funds for eligible projects identified in a report submitted 
     under paragraph (5)(A).
       ``(3) Repayment contract.--
       ``(A) In general.--The Secretary may not expend amounts 
     under paragraph (2) with respect to an eligible project 
     described in that paragraph unless the transferred works 
     operating entity or project beneficiary responsible for 
     repayment of reimbursable costs has entered into a contract 
     to repay the amounts under subsection (b)(2).
       ``(B) Deposit of repaid funds.--Amounts repaid by a 
     transferred works operating entity or project beneficiary 
     responsible for repayment of reimbursable costs receiving 
     funds under a repayment contract entered into under this 
     subsection shall be deposited in the Account and shall be 
     available to the Secretary for expenditure in accordance with 
     this subsection without further appropriation.
       ``(4) Application for funding.--
       ``(A) In general.--Not less than once per fiscal year, the 
     Secretary shall accept, during an application period 
     established by the Secretary, applications from transferred 
     works operating entities or project beneficiaries responsible 
     for payment of reimbursable costs for funds and extended 
     repayment for eligible projects.
       ``(B) Eligible project.--A project eligible for funding and 
     extended repayment under this subsection is a project that--
       ``(i) qualifies as an extraordinary operation and 
     maintenance work under this section;
       ``(ii) is for the major, non-recurring maintenance of a 
     mission-critical asset; and
       ``(iii) is not eligible to be carried out or funded under 
     the repayment provisions of section 4(c) of the Reclamation 
     Safety of Dams Act of 1978 (43 U.S.C. 508(c)).
       ``(C) Guidelines for applications.--Not later than 60 days 
     after the date of enactment of this subsection, the Secretary 
     shall issue guidelines describing the information required to 
     be provided in an application for funds and extended 
     repayment under this subsection that require, at a minimum--
       ``(i) a description of the project for which the funds are 
     requested;
       ``(ii) the amount of funds requested;
       ``(iii) the repayment period requested by the transferred 
     works operating entity or project beneficiary responsible for 
     repayment of reimbursable costs;
       ``(iv) alternative non-Federal funding options that have 
     been evaluated;
       ``(v) the financial justification for requesting an 
     extended repayment period; and
       ``(vi) the financial records of the transferred works 
     operating entity or project beneficiary responsible for 
     repayment of reimbursable costs.
       ``(D) Review by the secretary.--The Secretary shall review 
     each application submitted under subparagraph (A)--
       ``(i) to determine whether the project is eligible for 
     funds and an extended repayment period under this subsection;
       ``(ii) to determine if the project has been identified by 
     the Bureau of Reclamation as part of the major rehabilitation 
     and replacement of a project facility; and
       ``(iii) to conduct a financial analysis of--

       ``(I) the project; and
       ``(II) the transferred works operating entity or project 
     beneficiary responsible for repayment of reimbursable costs.

       ``(5) Report.--Not later than 90 days after the date on 
     which an application period closes under paragraph (4)(A), 
     the Secretary shall submit to the Committees on Energy and 
     Natural Resources and Appropriations of the Senate and the 
     Committees on Natural Resources and Appropriations of the 
     House of Representatives a report that--
       ``(A) identifies each project eligible for funds and 
     extended repayment under this subsection;
       ``(B) with respect to each eligible project identified 
     under subparagraph (A), includes--
       ``(i) a description of--

       ``(I) the eligible project;
       ``(II) the anticipated cost and duration of the eligible 
     project; and
       ``(III) any remaining engineering or environmental 
     compliance that is required before the eligible project 
     commences;

       ``(ii) an analysis of--

       ``(I) the repayment period proposed in the application; and
       ``(II) if the Secretary recommends a minimum necessary 
     repayment period that is different than the repayment period 
     proposed in the application, the minimum necessary repayment 
     period recommended by the Secretary; and

       ``(iii) an analysis of alternative non-Federal funding 
     options; and
       ``(C) describes the balance of funds in the Account as of 
     the date of the report.
       ``(6) Effect of subsection.--Nothing in this subsection 
     affects--
       ``(A) any funding provided, or contracts entered into, 
     under subsection (a) before the date of enactment of this 
     subsection; or
       ``(B) the use of funds otherwise made available to the 
     Secretary to carry out subsection (a).''.

[[Page S3618]]

  


     SEC. 4802. AUTHORIZATION OF APPROPRIATIONS FOR THE 
                   RECLAMATION SAFETY OF DAMS ACT OF 1978.

       Section 5 of the Reclamation Safety of Dams Act of 1978 (43 
     U.S.C. 509) is amended, in the first sentence, by inserting 
     ``, and, effective October 1, 2019, not to exceed an 
     additional $550,000,000 (October 1, 2019, price levels)'' 
     before ``, plus or minus''.

                Subtitle B--Aquifer Recharge Flexibility

     SEC. 4811. DEFINITIONS.

       In this subtitle:
       (1) Bureau.--The term ``Bureau'' means the Bureau of 
     Reclamation.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (3) Eligible land.--The term ``eligible land'', with 
     respect to a Reclamation project, means land that--
       (A) is authorized to receive water under State law; and
       (B) shares an aquifer with land located in the service area 
     of the Reclamation project.
       (4) Net water storage benefit.--The term ``net water 
     storage benefit'' means an increase in the volume of water 
     that is--
       (A) stored in 1 or more aquifers; and
       (B)(i) available for use within the authorized service area 
     of a Reclamation project; or
       (ii) stored on a long-term basis to avoid or reduce 
     groundwater overdraft.
       (5) Reclamation facility.--The term ``Reclamation 
     facility'' means each of the infrastructure assets that are 
     owned by the Bureau at a Reclamation project.
       (6) Reclamation project.--The term ``Reclamation project'' 
     means any reclamation or irrigation project, including 
     incidental features thereof, authorized by Federal 
     reclamation law or the Act of August 11, 1939 (commonly known 
     as the ``Water Conservation and Utilization Act'') (53 Stat. 
     1418, chapter 717; 16 U.S.C. 590y et seq.), or constructed by 
     the United States pursuant to such law, or in connection with 
     which there is a repayment or water service contract executed 
     by the United States pursuant to such law, or any project 
     constructed by the Secretary through the Bureau for the 
     reclamation of land.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4812. FLEXIBILITY TO ALLOW GREATER AQUIFER RECHARGE IN 
                   WESTERN STATES.

       (a) Use of Reclamation Facilities.--
       (1) In general.--The Commissioner may allow the use of 
     excess capacity in Reclamation facilities for aquifer 
     recharge of non-Reclamation project water, subject to 
     applicable rates, charges, and public participation 
     requirements, on the condition that--
       (A) the use--
       (i) shall not be implemented in a manner that is 
     detrimental to--

       (I) any power service or water contract for the Reclamation 
     project; or
       (II) any obligations for fish, wildlife, or water quality 
     protection applicable to the Reclamation project;

       (ii) shall be consistent with water quality guidelines for 
     the Reclamation project;
       (iii) shall comply with all applicable--

       (I) Federal laws; and
       (II) policies of the Bureau; and

       (iv) shall comply with all applicable State laws and 
     policies; and
       (B) the non-Federal party to an existing contract for water 
     or water capacity in a Reclamation facility consents to the 
     use of the Reclamation facility under this subsection.
       (2) Effect on existing contracts.--Nothing in this 
     subsection affects a contract--
       (A) in effect on the date of enactment of this Act; and
       (B) under which the use of excess capacity in a Bureau 
     conveyance facility for carriage of non-Reclamation project 
     water for aquifer recharge is allowed.
       (b) Aquifer Recharge on Eligible Land.--
       (1) In general.--Subject to paragraphs (3) and (4), the 
     Secretary may contract with a holder of a water service or 
     repayment contract for a Reclamation project to allow the 
     contractor, in accordance with applicable State laws and 
     policies--
       (A) to directly use water available under the contract for 
     aquifer recharge on eligible land; or
       (B) to enter into an agreement with an individual or entity 
     to transfer water available under the contract for aquifer 
     recharge on eligible land.
       (2) Authorized project use.--The use of a Reclamation 
     facility for aquifer recharge under paragraph (1) shall be 
     considered an authorized use for the Reclamation project if 
     requested by a holder of a water service or repayment 
     contract for the Reclamation facility.
       (3) Modifications to contracts.--The Secretary may contract 
     with a holder of a water service or repayment contract for a 
     Reclamation project under paragraph (1) if the Secretary 
     determines that a new contract or contract amendment 
     described in that paragraph is--
       (A) necessary to allow for the use of water available under 
     the contract for aquifer recharge under this subsection;
       (B) in the best interest of the Reclamation project and the 
     United States; and
       (C) approved by the contractor that is responsible for 
     repaying the cost of construction, operations, and 
     maintenance of the facility that delivers the water under the 
     contract.
       (4) Requirements.--The use of Reclamation facilities for 
     the use or transfer of water for aquifer recharge under this 
     subsection shall be subject to the requirements that--
       (A) the use or transfer shall not be implemented in a 
     manner that materially impacts any power service or water 
     contract for the Reclamation project; and
       (B) before the use or transfer, the Secretary shall 
     determine that the use or transfer--
       (i) results in a net water storage benefit for the 
     Reclamation project; or
       (ii) contributes to the recharge of an aquifer on eligible 
     land; and
       (C) the use or transfer complies with all applicable--
       (i) Federal laws and policies; and
       (ii) interstate water compacts.
       (c) Conveyance for Aquifer Recharge Purposes.--The holder 
     of a right-of-way, easement, permit, or other authorization 
     to transport water across public land administered by the 
     Bureau of Land Management may transport water for aquifer 
     recharge purposes without requiring additional authorization 
     from the Secretary where the use does not expand or modify 
     the operation of the right-of-way, easement, permit, or other 
     authorization across public land.
       (d) Effect.--Nothing in this subtitle creates, impairs, 
     alters, or supersedes a Federal or State water right.
       (e) Exemption.--This subtitle shall not apply to the State 
     of California.

             Subtitle C--Clean Water for Rural Communities

     SEC. 4821. PURPOSE.

       The purpose of this subtitle is to ensure a safe and 
     adequate municipal, rural, and industrial water supply for 
     the citizens of--
       (1) Dawson, Garfield, McCone, Prairie, Richland, Judith 
     Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and 
     Musselshell Counties in the State of Montana; and
       (2) McKenzie County, North Dakota.

     SEC. 4822. DEFINITIONS.

       In this subtitle:
       (1) Authority.--The term ``Authority'' means--
       (A) the Central Montana Regional Water Authority, a 
     publicly owned nonprofit water authority formed in accordance 
     with Mont. Code Ann. Sec. 75-6-302 (2007); and
       (B) any nonprofit successor entity to the Authority 
     described in subparagraph (A).
       (2) Musselshell-judith rural water system.--The term 
     ``Musselshell-Judith Rural Water System'' means the 
     Musselshell-Judith Rural Water System authorized under 
     section 4823(a), with a project service area that includes--
       (A) Judith Basin, Wheatland, Golden Valley, and Musselshell 
     Counties in the State;
       (B) the portion of Yellowstone County in the State within 2 
     miles of State Highway 3 and within 4 miles of the county 
     line between Golden Valley and Yellowstone Counties in the 
     State, inclusive of the Town of Broadview, Montana; and
       (C) the portion of Fergus County in the State within 2 
     miles of U.S. Highway 87 and within 4 miles of the county 
     line between Fergus and Judith Basin Counties in the State, 
     inclusive of the Town of Moore, Montana.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of Montana.

     SEC. 4823. MUSSELSHELL-JUDITH RURAL WATER SYSTEM.

       (a) Authorization.--The Secretary may carry out the 
     planning, design, and construction of the Musselshell-Judith 
     Rural Water System in a manner that is substantially in 
     accordance with the feasibility report entitled 
     ``Musselshell-Judith Rural Water System Feasibility Report'' 
     (including any and all revisions of the report).
       (b) Cooperative Agreement.--The Secretary shall enter into 
     a cooperative agreement with the Authority to provide Federal 
     assistance for the planning, design, and construction of the 
     Musselshell-Judith Rural Water System.
       (c) Cost-sharing Requirement.--
       (1) Federal share.--
       (A) In general.--The Federal share of the costs relating to 
     the planning, design, and construction of the Musselshell-
     Judith Rural Water System shall not exceed 65 percent of the 
     total cost of the Musselshell-Judith Rural Water System.
       (B) Limitation.--Amounts made available under subparagraph 
     (A) shall not be returnable or reimbursable under the 
     reclamation laws.
       (2) Use of federal funds.--
       (A) General uses.--Subject to subparagraph (B), the 
     Musselshell-Judith Rural Water System may use Federal funds 
     made available to carry out this section for--
       (i) facilities relating to--

       (I) water pumping;
       (II) water treatment;
       (III) water storage;
       (IV) water supply wells;
       (V) distribution pipelines; and
       (VI) control systems;

       (ii) transmission pipelines;
       (iii) pumping stations;
       (iv) appurtenant buildings, maintenance equipment, and 
     access roads;
       (v) any interconnection facility that connects a pipeline 
     of the Musselshell-Judith Rural Water System to a pipeline of 
     a public water system;
       (vi) electrical power transmission and distribution 
     facilities required for the operation and maintenance of the 
     Musselshell-Judith Rural Water System;

[[Page S3619]]

       (vii) any other facility or service required for the 
     development of a rural water distribution system, as 
     determined by the Secretary; and
       (viii) any property or property right required for the 
     construction or operation of a facility described in this 
     subsection.
       (B) Limitation.--Federal funds made available to carry out 
     this section shall not be used for the operation, 
     maintenance, or replacement of the Musselshell-Judith Rural 
     Water System.
       (C) Title.--Title to the Musselshell-Judith Rural Water 
     System shall be held by the Authority.

     SEC. 4824. DRY-REDWATER FEASIBILITY STUDY.

       (a) Definitions.--In this section:
       (1) Dry-redwater regional water authority.--The term ``Dry-
     Redwater Regional Water Authority'' means--
       (A) the Dry-Redwater Regional Water Authority, a publicly 
     owned nonprofit water authority formed in accordance with 
     Mont. Code Ann. 75-6-302 (2007); and
       (B) any nonprofit successor entity to the Authority 
     described in subparagraph (A).
       (2) Dry-redwater regional water authority system.--The term 
     ``Dry-Redwater Regional Water Authority System'' means the 
     project entitled the ``Dry-Redwater Regional Water Authority 
     System'', with a project service area that includes--
       (A) Garfield and McCone Counties in the State;
       (B) the area west of the Yellowstone River in Dawson and 
     Richland Counties in the State;
       (C) T. 15 N. (including the area north of the Township) in 
     Prairie County in the State; and
       (D) the portion of McKenzie County, North Dakota, that 
     includes all land that is located west of the Yellowstone 
     River in the State of North Dakota.
       (3) Reclamation feasibility standards.--The term 
     ``reclamation feasibility standards'' means the eligibility 
     criteria and feasibility study requirements described in 
     section 106 of the Reclamation Rural Water Supply Act of 2006 
     (43 U.S.C. 2405) (as in effect on September 29, 2016).
       (4) Submitted feasibility study.--The term ``submitted 
     feasibility study'' means the feasibility study entitled 
     ``Dry-Redwater Regional Water System Feasibility Study'' 
     (including revisions of the study), which received funding 
     from the Bureau of Reclamation on September 1, 2010.
       (b) Study.--
       (1) In general.--The Secretary, in consultation with the 
     Dry-Redwater Regional Water Authority, may undertake a study, 
     including a review of the submitted feasibility study, to 
     determine the feasibility of constructing the Dry-Redwater 
     Regional Water System.
       (2) Requirement.--The study under paragraph (1) shall 
     comply with the reclamation feasibility standards.
       (c) Cooperative Agreement.--If the Secretary determines 
     that the study under subsection (b) does not comply with the 
     reclamation feasibility standards, the Secretary may enter 
     into a cooperative agreement with the Dry-Redwater Regional 
     Water Authority to complete additional work to ensure that 
     the study complies with the reclamation feasibility 
     standards.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $5,000,000 to carry out 
     this section.
       (e) Termination.--The authority provided by this section 
     shall expire on the date that is 5 years after the date of 
     enactment of this Act.

     SEC. 4825. WATER RIGHTS.

       Nothing in this subtitle--
       (1) preempts or affects any State water law; or
       (2) affects any authority of a State, as in effect on the 
     date of enactment of this Act, to manage water resources 
     within that State.

     SEC. 4826. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--There is authorized to be appropriated 
     to carry out the planning, design, and construction of the 
     Musselshell-Judith Rural Water System, substantially in 
     accordance with the cost estimate set forth in the 
     feasibility report described in section 4823(a), $56,650,000.
       (b) Cost Indexing.--The amount authorized to be 
     appropriated under subsection (a) may be increased or 
     decreased in accordance with ordinary fluctuations in 
     development costs incurred after November 1, 2014, as 
     indicated by any available engineering cost indices 
     applicable to construction activities that are similar to the 
     construction of the Musselshell-Judith Rural Water System.

Subtitle D--Bureau of Reclamation Pumped Storage Hydropower Development

     SEC. 4831. AUTHORITY FOR PUMPED STORAGE HYDROPOWER 
                   DEVELOPMENT USING MULTIPLE BUREAU OF 
                   RECLAMATION RESERVOIRS.

       Section 9(c) of the Reclamation Project Act of 1939 (43 
     U.S.C. 485h(c)) is amended--
       (1) in paragraph (1), in the fourth sentence, by striking 
     ``, including small conduit hydropower development'' and 
     inserting ``and reserve to the Secretary the exclusive 
     authority to develop small conduit hydropower using Bureau of 
     Reclamation facilities and pumped storage hydropower 
     exclusively using Bureau of Reclamation reservoirs''; and
       (2) in paragraph (8), by striking ``has been filed with the 
     Federal Energy Regulatory Commission as of the date of the 
     enactment of the Bureau of Reclamation Small Conduit 
     Hydropower Development and Rural Jobs Act'' and inserting 
     ``was filed with the Federal Energy Regulatory Commission 
     before August 9, 2013, and is still pending''.

     SEC. 4832. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER 
                   PRIVILEGE.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Hearings and Appeals.
       (3) Office of hearings and appeals.--The term ``Office of 
     Hearings and Appeals'' means the Office of Hearings and 
     Appeals of the Department of the Interior.
       (4) Party.--The term ``party'', with respect to a study 
     plan agreement, means each of the following parties to the 
     study plan agreement:
       (A) The proposed lessee.
       (B) The Tribes.
       (5) Project.--The term ``project'' means a proposed pumped 
     storage facility that--
       (A) would use multiple Bureau of Reclamation reservoirs; 
     and
       (B) as of June 1, 2017, was subject to a preliminary permit 
     issued by the Commission pursuant to section 4(f) of the 
     Federal Power Act (16 U.S.C. 797(f)).
       (6) Proposed lessee.--The term ``proposed lessee'' means 
     the proposed lessee of a project.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Study plan.--The term ``study plan'' means the plan 
     described in subsection (d)(1).
       (9) Study plan agreement.--The term ``study plan 
     agreement'' means an agreement entered into under subsection 
     (b)(1) and described in subsection (c).
       (10) Tribes.--The term ``Tribes'' means--
       (A) the Confederated Tribes of the Colville Reservation; 
     and
       (B) the Spokane Tribe of Indians of the Spokane 
     Reservation.
       (b) Requirement for Issuance of Leases of Power 
     Privilege.--The Secretary shall not issue a lease of power 
     privilege pursuant to section 9(c)(1) of the Reclamation 
     Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as amended by 
     section 4831) for a project unless--
       (1) the proposed lessee and the Tribes have entered into a 
     study plan agreement; or
       (2) the Secretary or the Director, as applicable, makes a 
     final determination for--
       (A) a study plan agreement under subsection (c)(2); or
       (B) a study plan under subsection (d).
       (c) Study Plan Agreement Requirements.--
       (1) In general.--A study plan agreement shall--
       (A) establish the deadlines for the proposed lessee to 
     formally respond in writing to comments and study requests 
     about the project previously submitted to the Commission;
       (B) allow for the parties to submit additional comments and 
     study requests if any aspect of the project, as proposed, 
     differs from an aspect of the project, as described in a 
     preapplication document provided to the Commission;
       (C) except as expressly agreed to by the parties or as 
     provided in paragraph (2) or subsection (d), require that the 
     proposed lessee conduct each study described in--
       (i) a study request about the project previously submitted 
     to the Commission; or
       (ii) any additional study request submitted in accordance 
     with the study plan agreement;
       (D) require that the proposed lessee study any potential 
     adverse economic effects of the project on the Tribes, 
     including effects on--
       (i) annual payments to the Confederated Tribes of the 
     Colville Reservation under section 5(b) of the Confederated 
     Tribes of the Colville Reservation Grand Coulee Dam 
     Settlement Act (Public Law 103-436; 108 Stat. 4579); and
       (ii) annual payments to the Spokane Tribe of Indians of the 
     Spokane Reservation authorized after the date of enactment of 
     this Act, the amount of which derives from the annual 
     payments described in clause (i);
       (E) establish a protocol for communication and consultation 
     between the parties;
       (F) provide mechanisms for resolving disputes between the 
     parties regarding implementation and enforcement of the study 
     plan agreement; and
       (G) contain other provisions determined to be appropriate 
     by the parties.
       (2) Disputes.--
       (A) In general.--If the parties cannot agree to the terms 
     of a study plan agreement or implementation of those terms, 
     the parties shall submit to the Director, for final 
     determination on the terms or implementation of the study 
     plan agreement, notice of the dispute, consistent with 
     paragraph (1)(F), to the extent the parties have agreed to a 
     study plan agreement.
       (B) Inclusion.--A dispute covered by subparagraph (A) may 
     include the view of a proposed lessee that an additional 
     study request submitted in accordance with paragraph (1)(B) 
     is not reasonably calculated to assist the Secretary in 
     evaluating the potential impacts of the project.
       (C) Timing.--The Director shall issue a determination 
     regarding a dispute under subparagraph (A) not later than 120 
     days after the date on which the Director receives notice of 
     the dispute under that subparagraph.
       (d) Study Plan.--
       (1) In general.--The proposed lessee shall submit to the 
     Secretary for approval a study

[[Page S3620]]

     plan that details the proposed methodology for performing 
     each of the studies--
       (A) identified in the study plan agreement of the proposed 
     lessee; or
       (B) determined by the Director in a final determination 
     regarding a dispute under subsection (c)(2).
       (2) Initial determination.--Not later than 60 days after 
     the date on which the Secretary receives the study plan under 
     paragraph (1), the Secretary shall make an initial 
     determination that--
       (A) approves the study plan;
       (B) rejects the study plan on the grounds that the study 
     plan--
       (i) lacks sufficient detail on a proposed methodology for a 
     study identified in the study plan agreement; or
       (ii) is inconsistent with the study plan agreement; or
       (C) imposes additional study plan requirements that the 
     Secretary determines are necessary to adequately define the 
     potential effects of the project on--
       (i) the exercise of the paramount hunting, fishing, and 
     boating rights of the Tribes reserved pursuant to the Act of 
     June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et 
     seq.);
       (ii) the annual payments described in clauses (i) and (ii) 
     of subsection (c)(1)(D);
       (iii) the Columbia Basin project (as defined in section 1 
     of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57 
     Stat. 14, chapter 14; 16 U.S.C. 835));
       (iv) historic properties and cultural or spiritually 
     significant resources; and
       (v) the environment.
       (3) Objections.--
       (A) In general.--Not later than 30 days after the date on 
     which the Secretary makes an initial determination under 
     paragraph (2), the Tribes or the proposed lessee may submit 
     to the Director an objection to the initial determination.
       (B) Final determination.--Not later than 120 days after the 
     date on which the Director receives an objection under 
     subparagraph (A), the Director shall--
       (i) hold a hearing on the record regarding the objection; 
     and
       (ii) make a final determination that establishes the study 
     plan, including a description of studies the proposed lessee 
     is required to perform.
       (4) No objections.--If no objections are submitted by the 
     deadline described in paragraph (3)(A), the initial 
     determination of the Secretary under paragraph (2) shall be 
     final.
       (e) Conditions of Lease.--
       (1) Consistency with rights of tribes; protection, 
     mitigation, and enhancement of fish and wildlife.--
       (A) In general.--Any lease of power privilege issued by the 
     Secretary for a project under subsection (b) shall contain 
     conditions--
       (i) to ensure that the project is consistent with, and will 
     not interfere with, the exercise of the paramount hunting, 
     fishing, and boating rights of the Tribes reserved pursuant 
     to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16 
     U.S.C. 835d et seq.); and
       (ii) to adequately and equitably protect, mitigate damages 
     to, and enhance fish and wildlife, including related spawning 
     grounds and habitat, affected by the development, operation, 
     and management of the project.
       (B) Recommendations of the tribes.--The conditions required 
     under subparagraph (A) shall be based on joint 
     recommendations of the Tribes.
       (C) Resolving inconsistencies.--
       (i) In general.--If the Secretary determines that any 
     recommendation of the Tribes under subparagraph (B) is not 
     reasonably calculated to ensure the project is consistent 
     with subparagraph (A) or is inconsistent with the 
     requirements of the Reclamation Project Act of 1939 (43 
     U.S.C. 485 et seq.), the Secretary shall attempt to resolve 
     any such inconsistency with the Tribes, giving due weight to 
     the recommendations and expertise of the Tribes.
       (ii) Publication of findings.--If, after an attempt to 
     resolve an inconsistency under clause (i), the Secretary does 
     not adopt in whole or in part a recommendation of the Tribes 
     under subparagraph (B), the Secretary shall issue each of the 
     following findings, including a statement of the basis for 
     each of the findings:

       (I) A finding that adoption of the recommendation is 
     inconsistent with the requirements of the Reclamation Project 
     Act of 1939 (43 U.S.C. 485 et seq.).
       (II) A finding that the conditions selected by the 
     Secretary to be contained in the lease of power privilege 
     under subparagraph (A) comply with the requirements of 
     clauses (i) and (ii) of that subparagraph.

       (2) Annual charges payable by licensee.--
       (A) In general.--Subject to subparagraph (B), any lease of 
     power privilege issued by the Secretary for a project under 
     subsection (b) shall contain conditions that require the 
     lessee of the project to make direct payments to the Tribes 
     through reasonable annual charges in an amount that 
     recompenses the Tribes for any adverse economic effect of the 
     project identified in a study performed pursuant to the study 
     plan agreement for the project.
       (B) Agreement.--
       (i) In general.--The amount of the annual charges described 
     in subparagraph (A) shall be established through agreement 
     between the proposed lessee and the Tribes.
       (ii) Condition.--The agreement under clause (i), including 
     any modification of the agreement, shall be deemed to be a 
     condition to the lease of power privilege issued by the 
     Secretary for a project under subsection (b).
       (C) Dispute resolution.--
       (i) In general.--If the proposed lessee and the Tribes 
     cannot agree to the terms of an agreement under subparagraph 
     (B)(i), the proposed lessee and the Tribes shall submit 
     notice of the dispute to the Director.
       (ii) Resolution.--The Director shall resolve the dispute 
     described in clause (i) not later than 180 days after the 
     date on which the Director receives notice of the dispute 
     under that clause.
       (3) Additional conditions.--The Secretary may include in 
     any lease of power privilege issued by the Secretary for a 
     project under subsection (b) other conditions determined 
     appropriate by the Secretary, on the condition that the 
     conditions shall be consistent with the Reclamation Project 
     Act of 1939 (43 U.S.C. 485 et seq.).
       (4) Consultation.--In establishing conditions under this 
     subsection, the Secretary shall consult with the Tribes.
       (f) Deadlines.--The Secretary or any officer of the Office 
     of Hearing and Appeals before whom a proceeding is pending 
     under this section may extend any deadline or enlarge any 
     timeframe described in this section--
       (1) at the discretion of the Secretary or the officer; or
       (2) on a showing of good cause by any party.
       (g) Judicial Review.--Any final action of the Secretary or 
     the Director made pursuant to this section shall be subject 
     to judicial review in accordance with chapter 7 of title 5, 
     United States Code.
       (h) Effect on Other Projects.--Nothing in this section 
     establishes any precedent or is binding on any Bureau of 
     Reclamation lease of power privilege, other than for a 
     project.

                 Subtitle E--Additional Water Projects

     SEC. 4841. MODIFICATION OF JACKSON GULCH REHABILITATION 
                   PROJECT, COLORADO.

       Section 9105(b) of the Omnibus Public Land Management Act 
     of 2009 (Public Law 111-11; 123 Stat. 1303) is amended--
       (1) in paragraph (1)--
       (A) by striking ``requirement'' and inserting ``and cost-
     sharing requirements''; and
       (B) by inserting ``, which shall be not more than 65 
     percent of that total cost'' before the period at the end;
       (2) in paragraph (3)--
       (A) in the paragraph heading, by striking ``Requirement'' 
     and inserting ``And cost-sharing requirements'';
       (B) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``The Secretary shall recover from the 
     District as reimbursable expenses'' and inserting ``Subject 
     to subparagraph (C), the District shall be liable under this 
     subsection for an amount equal to'';
       (C) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``Secretary shall recover reimbursable 
     expenses'' and inserting ``District shall pay the Project 
     costs for which the District is liable''; and
       (D) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Credit.--In determining the exact amount for which 
     the District is liable under this paragraph, the Secretary 
     shall--
       ``(i) review and approve all final costs associated with 
     the completion of the Project; and
       ``(ii) credit the district for all amounts paid by the 
     District for engineering work and improvements directly 
     associated with the Project, whether before, on, or after the 
     date of enactment of this Act.''; and
       (3) in paragraph (7), by striking ``$8,250,000.'' and 
     inserting the following: ``the lesser of--
       ``(A) not more than 65 percent of the total cost of 
     carrying out the Project; and
       ``(B) $5,350,000.''.

     SEC. 4842. CONTINUED USE OF PICK-SLOAN MISSOURI BASIN PROGRAM 
                   PROJECT USE POWER BY THE KINSEY IRRIGATION 
                   COMPANY AND THE SIDNEY WATER USERS IRRIGATION 
                   DISTRICT.

       (a) Authorization.--Notwithstanding any other provision of 
     law and subject to subsection (b), the Secretary of the 
     Interior (acting through the Commissioner of Reclamation) 
     shall continue to treat the irrigation pumping units known as 
     the ``Kinsey Irrigation Company'' in Custer County, Montana 
     and the ``Sidney Water Users Irrigation District'' in 
     Richland County, Montana, or any successor to the Kinsey 
     Irrigation Company or Sidney Water Users Irrigation District, 
     as irrigation pumping units of the Pick-Sloan Missouri Basin 
     Program for the purposes of wheeling, administration, and 
     payment of project use power, including the applicability of 
     provisions relating to the treatment of costs beyond the 
     ability to pay under section 9 of the Act of December 22, 
     1944 (commonly known as the ``Flood Control Act of 1944'') 
     (58 Stat. 891, chapter 665).
       (b) Limitation.--The quantity of power to be provided to 
     the Kinsey Irrigation Company and the Sidney Water Users 
     Irrigation District (including any successor to the Kinsey 
     Irrigation Company or the Sidney Water Users Irrigation 
     District) under subsection (a) may not exceed the maximum 
     quantity of power provided to the Kinsey Irrigation Company 
     and the Sidney Water Users Irrigation District under the 
     applicable contract for electric service in effect on the 
     date of enactment of this Act.

[[Page S3621]]

  


     SEC. 4843. KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000 
                   TECHNICAL CORRECTIONS.

       Section 4(b) of the Klamath Basin Water Supply Enhancement 
     Act of 2000 (114 Stat. 2222; 132 Stat. 3887) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``Pursuant to the reclamation laws and 
     subject'' and inserting ``Subject''; and
       (ii) by striking ``may'' and inserting ``is authorized 
     to''; and
       (B) in subparagraph (A), by inserting ``, including 
     conservation and efficiency measures, land idling, and use of 
     groundwater,'' after ``administer programs'';
       (2) in paragraph (3)(A), by inserting ``and'' after the 
     semicolon at the end;
       (3) by redesignating the second paragraph (4) (relating to 
     the effect of the subsection) as paragraph (5); and
       (4) in paragraph (5) (as so redesignated)--
       (A) by striking subparagraph (B);
       (B) in subparagraph (A), by striking ``; or'' and inserting 
     a period; and
       (C) by striking ``the Secretary--'' and all that follows 
     through ``to develop'' in subparagraph (A) and inserting 
     ``the Secretary to develop''.

     SEC. 4844. REAUTHORIZATION OF DROUGHT PROGRAM.

       (a) Termination of Authority.--Section 104(c) of the 
     Reclamation States Emergency Drought Relief Act of 1991 (43 
     U.S.C. 2214(c)) is amended by striking``2020'' and inserting 
     ``2030''.
       (b) Authorization of Appropriations.--Section 301 of the 
     Reclamation States Emergency Drought Relief Act of 1991 (43 
     U.S.C. 2241) is amended by striking ``2020'' and inserting 
     ``2030''.

     SEC. 4845. REAUTHORIZATION OF COOPERATIVE WATERSHED 
                   MANAGEMENT PROGRAM.

       Section 6002(g)(4) of the Omnibus Public Land Management 
     Act of 2009 (16 U.S.C. 1015a(g)(4)) is amended by striking 
     ``2020'' and inserting ``2030''.
                                 ______
                                 
  SA 2209. Mrs. FISCHER (for herself, Mr. Schatz, Mr. Gardner, and Mr. 
Booker) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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. ___. INTERNET OF THINGS.

       (a) Findings; Sense of Congress.--
       (1) Findings.--Congress finds that--
       (A) the Internet of Things refers to the growing number of 
     connected and interconnected devices;
       (B) estimates indicate that more than 125,000,000,000 
     devices will be connected to the internet by 2030;
       (C) the Internet of Things has the potential to generate 
     trillions of dollars in new economic activity around the 
     world in the transportation, energy, agriculture, 
     manufacturing, and health care sectors and in other sectors 
     that are critical to the growth of the gross domestic product 
     of the United States;
       (D) businesses across the United States can develop new 
     services and products, improve the efficiency of operations 
     and logistics, cut costs, improve worker and public safety, 
     and pass savings on to consumers by utilizing the Internet of 
     Things and related innovations;
       (E) the Internet of Things will--
       (i) be vital in furthering innovation and the development 
     of emerging technologies; and
       (ii) play a key role in developing artificial intelligence 
     and advanced computing capabilities;
       (F) the United States leads the world in the development of 
     technologies that support the internet, the United States 
     technology sector is well-positioned to lead in the 
     development of technologies for the Internet of Things, and 
     the appropriate prioritization of a national strategy with 
     respect to the Internet of Things would strengthen that 
     position;
       (G) the Federal Government can implement this technology to 
     better deliver services to the public; and
       (H) the Senate unanimously passed Senate Resolution 110, 
     114th Congress, agreed to March 24, 2015, calling for a 
     national strategy for the development of the Internet of 
     Things.
       (2) Sense of congress.--It is the sense of Congress that 
     policies governing the Internet of Things should--
       (A) promote solutions with respect to the Internet of 
     Things that are secure, scalable, interoperable, industry-
     driven, and standards-based; and
       (B) maximize the development and deployment of the Internet 
     of Things to benefit all stakeholders, including businesses, 
     governments, and consumers.
       (b) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (3) Steering committee.--The term ``steering committee'' 
     means the steering committee established under subsection 
     (c)(5)(A).
       (4) Working group.--The term ``working group'' means the 
     working group convened under subsection (c)(1).
       (c) Federal Working Group.--
       (1) In general.--The Secretary shall convene a working 
     group of Federal stakeholders for the purpose of providing 
     recommendations and a report to Congress relating to the 
     aspects of the Internet of Things described in paragraph (2).
       (2) Duties.--The working group shall--
       (A) identify any Federal regulations, statutes, grant 
     practices, budgetary or jurisdictional challenges, and other 
     sector-specific policies that are inhibiting, or could 
     inhibit, the development or deployment of the Internet of 
     Things;
       (B) consider policies or programs that encourage and 
     improve coordination among Federal agencies that have 
     responsibilities that are relevant to the objectives of this 
     section;
       (C) consider any findings or recommendations made by the 
     steering committee and, where appropriate, act to implement 
     those recommendations;
       (D) examine--
       (i) how Federal agencies can benefit from utilizing the 
     Internet of Things;
       (ii) the use of Internet of Things technology by Federal 
     agencies as of the date on which the working group performs 
     the examination;
       (iii) the preparedness and ability of Federal agencies to 
     adopt Internet of Things technology as of the date on which 
     the working group performs the examination and in the future; 
     and
       (iv) any additional security measures that Federal agencies 
     may need to take to--

       (I) safely and securely use the Internet of Things, 
     including measures that ensure the security of critical 
     infrastructure; and
       (II) enhance the resiliency of Federal systems against 
     cyber threats to the Internet of Things; and

       (E) in carrying out the examinations required under 
     subclauses (I) and (II) of subparagraph (D)(iv), ensure to 
     the maximum extent possible the coordination of the current 
     and future activities of the Federal Government relating to 
     security with respect to the Internet of Things.
       (3) Agency representatives.--In convening the working group 
     under paragraph (1), the Secretary shall have discretion to 
     appoint representatives from Federal agencies and departments 
     as appropriate and shall specifically consider seeking 
     representation from--
       (A) the Department of Commerce, including--
       (i) the National Telecommunications and Information 
     Administration;
       (ii) the National Institute of Standards and Technology; 
     and
       (iii) the National Oceanic and Atmospheric Administration;
       (B) the Department of Transportation;
       (C) the Department of Homeland Security;
       (D) the Office of Management and Budget;
       (E) the National Science Foundation;
       (F) the Commission;
       (G) the Federal Trade Commission;
       (H) the Office of Science and Technology Policy;
       (I) the Department of Energy; and
       (J) the Federal Energy Regulatory Commission.
       (4) Nongovernmental stakeholders.--The working group shall 
     consult with nongovernmental stakeholders with expertise 
     relating to the Internet of Things, including--
       (A) the steering committee;
       (B) information and communications technology 
     manufacturers, suppliers, service providers, and vendors;
       (C) subject matter experts representing industrial sectors 
     other than the technology sector that can benefit from the 
     Internet of Things, including the transportation, energy, 
     agriculture, and health care sectors;
       (D) small, medium, and large businesses;
       (E) think tanks and academia;
       (F) nonprofit organizations and consumer groups;
       (G) security experts;
       (H) rural stakeholders; and
       (I) other stakeholders with relevant expertise, as 
     determined by the Secretary.
       (5) Steering committee.--
       (A) Establishment.--There is established within the 
     Department of Commerce a steering committee to advise the 
     working group.
       (B) Duties.--The steering committee shall advise the 
     working group with respect to--
       (i) the identification of any Federal regulations, 
     statutes, grant practices, programs, budgetary or 
     jurisdictional challenges, and other sector-specific policies 
     that are inhibiting, or could inhibit, the development of the 
     Internet of Things;
       (ii) situations in which the use of the Internet of Things 
     is likely to deliver significant and scalable economic and 
     societal benefits to the United States, including benefits 
     from or to--

       (I) smart traffic and transit technologies;
       (II) augmented logistics and supply chains;
       (III) sustainable infrastructure;
       (IV) precision agriculture;
       (V) environmental monitoring;
       (VI) public safety; and
       (VII) health care;

       (iii) whether adequate spectrum is available to support the 
     growing Internet of Things and what legal or regulatory 
     barriers

[[Page S3622]]

     may exist to providing any spectrum needed in the future;
       (iv) policies, programs, or multi-stakeholder activities 
     that--

       (I) promote or are related to the privacy of individuals 
     who use or are affected by the Internet of Things;
       (II) may enhance the security of the Internet of Things, 
     including the security of critical infrastructure;
       (III) may protect users of the Internet of Things; and
       (IV) may encourage coordination among Federal agencies with 
     jurisdiction over the Internet of Things;

       (v) the opportunities and challenges associated with the 
     use of Internet of Things technology by small businesses; and
       (vi) any international proceeding, international 
     negotiation, or other international matter affecting the 
     Internet of Things to which the United States is or should be 
     a party.
       (C) Membership.--The Secretary shall appoint to the 
     steering committee members representing a wide range of 
     stakeholders outside of the Federal Government with expertise 
     relating to the Internet of Things, including--
       (i) information and communications technology 
     manufacturers, suppliers, service providers, and vendors;
       (ii) subject matter experts representing industrial sectors 
     other than the technology sector that can benefit from the 
     Internet of Things, including the transportation, energy, 
     agriculture, and health care sectors;
       (iii) small, medium, and large businesses;
       (iv) think tanks and academia;
       (v) nonprofit organizations and consumer groups;
       (vi) security experts;
       (vii) rural stakeholders; and
       (viii) other stakeholders with relevant expertise, as 
     determined by the Secretary.
       (D) Report.--Not later than 1 year after the date of 
     enactment of this Act, the steering committee shall submit to 
     the working group a report that includes any findings or 
     recommendations of the steering committee.
       (E) Independent advice.--
       (i) In general.--The steering committee shall set the 
     agenda of the steering committee in carrying out the duties 
     of the steering committee under subparagraph (B).
       (ii) Suggestions.--The working group may suggest topics or 
     items for the steering committee to study, and the steering 
     committee shall take those suggestions into consideration in 
     carrying out the duties of the steering committee.
       (iii) Report.--The steering committee shall ensure that the 
     report submitted under subparagraph (D) is the result of the 
     independent judgment of the steering committee.
       (F) No compensation for members.--A member of the steering 
     committee shall serve without compensation.
       (G) Termination.--The steering committee shall terminate on 
     the date on which the working group submits the report under 
     paragraph (6).
       (6) Report to congress.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the working group shall submit to 
     Congress a report that includes--
       (i) the findings and recommendations of the working group 
     with respect to the duties of the working group under 
     paragraph (2);
       (ii) the report submitted by the steering committee under 
     paragraph (5)(D), as the report was received by the working 
     group;
       (iii) recommendations for action or reasons for inaction, 
     as applicable, with respect to each recommendation made by 
     the steering committee in the report submitted under 
     paragraph (5)(D); and
       (iv) an accounting of any progress made by Federal agencies 
     to implement recommendations made by the working group or the 
     steering committee.
       (B) Copy of report.--The working group shall submit a copy 
     of the report described in subparagraph (A) to--
       (i) the Committee on Commerce, Science, and Transportation 
     and the Committee on Energy and Natural Resources of the 
     Senate;
       (ii) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (iii) any other committee of Congress, upon request to the 
     working group.
       (d) Assessing Spectrum Needs.--
       (1) In general.--The Commission, in consultation with the 
     National Telecommunications and Information Administration, 
     shall issue a notice of inquiry seeking public comment on the 
     current, as of the date of enactment of this Act, and future 
     spectrum needs to enable better connectivity relating to the 
     Internet of Things.
       (2) Requirements.--In issuing the notice of inquiry under 
     paragraph (1), the Commission shall seek comments that 
     consider and evaluate--
       (A) whether adequate spectrum is available, or is planned 
     for allocation, for commercial wireless services that could 
     support the growing Internet of Things;
       (B) if adequate spectrum is not available for the purposes 
     described in subparagraph (A), how to ensure that adequate 
     spectrum is available for increased demand with respect to 
     the Internet of Things;
       (C) what regulatory barriers may exist to providing any 
     needed spectrum that would support uses relating to the 
     Internet of Things; and
       (D) what the role of unlicensed and licensed spectrum is 
     and will be in the growth of the Internet of Things.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report summarizing the comments 
     submitted in response to the notice of inquiry issued under 
     paragraph (1).
                                 ______
                                 
  SA 2210. Mr. SCHATZ (for himself and Mr. Thune) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 H--READI Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Reliable Emergency 
     Alert Distribution Improvement Act of 2020'' or ``READI 
     Act''.

     SEC. 1092. DEFINITIONS.

       In this subtitle--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency;
       (2) the term ``Commission'' means the Federal 
     Communications Commission;
       (3) the term ``Emergency Alert System'' means the national 
     public warning system, the rules for which are set forth in 
     part 11 of title 47, Code of Federal Regulations (or any 
     successor regulation); and
       (4) the term ``Wireless Emergency Alerts System'' means the 
     wireless national public warning system established under the 
     Warning, Alert, and Response Network Act (47 U.S.C. 1201 et 
     seq.), the rules for which are set forth in part 10 of title 
     47, Code of Federal Regulations (or any successor 
     regulation).

     SEC. 1093. WIRELESS EMERGENCY ALERTS SYSTEM OFFERINGS.

       (a) Amendment.--Section 602(b)(2)(E) of the Warning, Alert, 
     and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is 
     amended--
       (1) by striking the second and third sentences; and
       (2) by striking ``other than an alert issued by the 
     President.'' and inserting the following: ``other than an 
     alert issued by--
       ``(i) the President; or
       ``(ii) the Administrator of the Federal Emergency 
     Management Agency.''.
       (b) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Commission, in consultation with 
     the Administrator, shall adopt regulations to implement the 
     amendment made by subsection (a)(2).

     SEC. 1094. STATE EMERGENCY ALERT SYSTEM PLANS AND EMERGENCY 
                   COMMUNICATIONS COMMITTEES.

       (a) Definitions.--In this section--
       (1) the term ``SECC'' means a State Emergency 
     Communications Committee;
       (2) the term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     the Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States; and
       (3) the term ``State EAS Plan'' means a State Emergency 
     Alert System Plan.
       (b) State Emergency Communications Committee.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Commission shall adopt regulations that--
       (1) encourage the chief executive of each State--
       (A) to establish an SECC if the State does not have an 
     SECC; or
       (B) if the State has an SECC, to review the composition and 
     governance of the SECC;
       (2) provide that--
       (A) each SECC, not less frequently than annually, shall--
       (i) meet to review and update its State EAS Plan;
       (ii) certify to the Commission that the SECC has met as 
     required under clause (i); and
       (iii) submit to the Commission an updated State EAS Plan; 
     and
       (B) not later than 60 days after the date on which the 
     Commission receives an updated State EAS Plan under 
     subparagraph (A)(iii), the Commission shall--
       (i) approve or disapprove the updated State EAS Plan; and
       (ii) notify the chief executive of the State of the 
     Commission's findings; and
       (3) establish a State EAS Plan content checklist for SECCs 
     to use when reviewing and updating a State EAS Plan for 
     submission to the Commission under paragraph (2)(A).
       (c) Consultation.--The Commission shall consult with the 
     Administrator regarding the adoption of regulations under 
     subsection (b)(3).

     SEC. 1095. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
                   GUIDANCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop and 
     issue guidance on how State, Tribal, and local governments 
     can participate in the integrated public alert and warning 
     system of the United States described in section 526 of the 
     Homeland Security Act of 2002 (6 U.S.C. 321o) (referred to in 
     this section as the ``public alert

[[Page S3623]]

     and warning system'') while maintaining the integrity of the 
     public alert and warning system, including--
       (1) guidance on the categories of public emergencies and 
     appropriate circumstances that warrant an alert and warning 
     from State, Tribal, and local governments using the public 
     alert and warning system;
       (2) the procedures for State, Tribal, and local government 
     officials to authenticate civil emergencies and initiate, 
     modify, and cancel alerts transmitted through the public 
     alert and warning system, including protocols and technology 
     capabilities for--
       (A) the initiation, or prohibition on the initiation, of 
     alerts by a single authorized or unauthorized individual;
       (B) testing a State, Tribal, or local government incident 
     management and warning tool without accidentally initiating 
     an alert through the public alert and warning system; and
       (C) steps a State, Tribal, or local government official 
     should take to mitigate the possibility of the issuance of a 
     false alert through the public alert and warning system;
       (3) the standardization, functionality, and 
     interoperability of incident management and warning tools 
     used by State, Tribal, and local governments to notify the 
     public of an emergency through the public alert and warning 
     system;
       (4) the annual training and recertification of emergency 
     management personnel on requirements for originating and 
     transmitting an alert through the public alert and warning 
     system;
       (5) the procedures, protocols, and guidance concerning the 
     protective action plans that State, Tribal, and local 
     governments should issue to the public following an alert 
     issued under the public alert and warning system;
       (6) the procedures, protocols, and guidance concerning the 
     communications that State, Tribal, and local governments 
     should issue to the public following a false alert issued 
     under the public alert and warning system;
       (7) a plan by which State, Tribal, and local government 
     officials may, during an emergency, contact each other as 
     well as Federal officials and participants in the Emergency 
     Alert System and the Wireless Emergency Alerts System, when 
     appropriate and necessary, by telephone, text message, or 
     other means of communication regarding an alert that has been 
     distributed to the public; and
       (8) any other procedure the Administrator considers 
     appropriate for maintaining the integrity of and providing 
     for public confidence in the public alert and warning system.
       (b) Coordination With National Advisory Council Report.--
     The Administrator shall ensure that the guidance developed 
     under subsection (a) does not conflict with recommendations 
     made for improving the public alert and warning system 
     provided in the report submitted by the National Advisory 
     Council under section 2(b)(7)(B) of the Integrated Public 
     Alert and Warning System Modernization Act of 2015 (Public 
     Law 114-143; 130 Stat. 332).
       (c) Public Consultation.--In developing the guidance under 
     subsection (a), the Administrator shall ensure appropriate 
     public consultation and, to the extent practicable, 
     coordinate the development of the guidance with stakeholders 
     of the public alert and warning system, including--
       (1) appropriate personnel from Federal agencies, including 
     the National Institute of Standards and Technology, the 
     Federal Emergency Management Agency, and the Commission;
       (2) representatives of State and local governments and 
     emergency services personnel, who shall be selected from 
     among individuals nominated by national organizations 
     representing those governments and personnel;
       (3) representatives of federally recognized Indian Tribes 
     and national Indian organizations;
       (4) communications service providers;
       (5) vendors, developers, and manufacturers of systems, 
     facilities, equipment, and capabilities for the provision of 
     communications services;
       (6) third-party service bureaus;
       (7) the national organization representing the licensees 
     and permittees of noncommercial broadcast television 
     stations;
       (8) technical experts from the broadcasting industry, 
     including representatives of both the non-commercial and 
     commercial radio broadcast industries and non-commercial and 
     commercial television broadcast industries;
       (9) educators from the Emergency Management Institute; and
       (10) other individuals with technical expertise as the 
     Administrator determines appropriate.
       (d) Inapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the public 
     consultation with stakeholders under subsection (c).
       (e) Rule of Construction.--Nothing in subsection (a) shall 
     be construed to amend, supplement, or abridge the authority 
     of the Commission under the Communications Act of 1934 (47 
     U.S.C. 151 et seq.) or in any other manner give the 
     Administrator authority over communications service providers 
     participating in the Emergency Alert System or the Wireless 
     Emergency Alerts System.

     SEC. 1096. FALSE ALERT REPORTING.

       Not later than 180 days after the date of enactment of this 
     Act, the Commission, in consultation with the Administrator, 
     shall complete a rulemaking proceeding to establish a system 
     to receive from the Administrator or State, Tribal, or local 
     governments reports of false alerts under the Emergency Alert 
     System or the Wireless Emergency Alerts System for the 
     purpose of recording such false alerts and examining their 
     causes.

     SEC. 1097. REPEATING EMERGENCY ALERT SYSTEM MESSAGES FOR 
                   NATIONAL SECURITY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Commission, in consultation with 
     the Administrator, shall complete a rulemaking proceeding to 
     modify the Emergency Alert System to provide for repeating 
     Emergency Alert System messages while an alert remains 
     pending that is issued by--
       (1) the President;
       (2) the Administrator; or
       (3) any other entity under specified circumstances as 
     determined by the Commission, in consultation with the 
     Administrator.
       (b) Scope of Rulemaking.--Subsection (a)--
       (1) shall apply to warnings of national security events, 
     meaning emergencies of national significance, such as a 
     missile threat, terror attack, or other act of war; and
       (2) shall not apply to more typical warnings, such as a 
     weather alert, AMBER Alert, or disaster alert.

     SEC. 1098. INTERNET AND ONLINE STREAMING SERVICES EMERGENCY 
                   ALERT EXAMINATION.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act, and after providing public notice and 
     opportunity for comment, the Commission shall complete an 
     inquiry to examine the feasibility of updating the Emergency 
     Alert System to enable or improve alerts to consumers 
     provided through the internet, including through streaming 
     services.
       (b) Report.--Not later than 90 days after completing the 
     inquiry under subsection (a), the Commission shall submit a 
     report on the findings and conclusions of the inquiry to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 2211. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 II, add the following:

     SEC. ___. STUDY ON ESTABLISHMENT OF ENERGETICS PROGRAM 
                   OFFICE.

       The Under Secretary of Defense for Research and Engineering 
     shall conduct a study to assess the feasibility and 
     advisability of establishing a program office to coordinate 
     energetics research and to ensure a robust and sustained 
     energetics material enterprise.
                                 ______
                                 
  SA 2212. Mr. SCOTT of Florida (for himself, Mr. Murphy, Mrs. 
Blackburn, Mr. Blumenthal, Mr. Cotton, Mr. Rubio, Mr. Hawley, and Ms. 
McSally) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 H--Transparency and Delivery of Medical Supplies

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Medical Supply 
     Transparency and Delivery Act''.

     SEC. 1092. EMERGENCY PRODUCTION OF MEDICAL EQUIPMENT AND 
                   SUPPLIES TO ADDRESS COVID-19.

       (a) Executive Officer for Critical Medical Equipment and 
     Supplies.--
       (1) Appointment.--Not later than 3 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     appoint, detail, or temporarily assign a civilian to serve as 
     the Executive Officer for Critical Medical Equipment and 
     Supplies (in this section referred to as the ``Executive 
     Officer''), who shall--
       (A) direct, through the National Response Coordination 
     Center of the Federal Emergency Management Agency, the 
     national production and distribution of critical medical 
     equipment and supplies, including personal protective 
     equipment, in support of the response of the Federal 
     Emergency Management Agency to the Coronavirus Disease 2019 
     (commonly known as ``COVID-19''); and
       (B) report directly to the Administrator of the Federal 
     Emergency Management Agency for the duration of the 
     appointment, detail, or temporary assignment.
       (2) Qualifications.--The Secretary of Defense, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency, shall select the individual to

[[Page S3624]]

     serve as the Executive Officer from among individuals with 
     sufficient experience in defense and industrial acquisition 
     and production matters, including such matters as described 
     in section 668(a)(1)(B) of title 10, United States Code.
       (3) Authorities.--The Executive Officer, acting through the 
     National Response Coordination Center and in direct 
     consultation with the Secretary of Homeland Security, the 
     Secretary of Defense, the Secretary of Health and Human 
     Services, and the Secretary of Commerce, shall use all 
     available Federal acquisition authorities, including the 
     authorities described under sections 101(b), 102, 301, 302, 
     303, 704, 705, 706, 708(c) and (d), and 710 of the Defense 
     Production Act of 1950 (50 U.S.C. 4511(b), 4512, 4531, 4532, 
     4533, 4554, 4555, 4556, 4558 (c) and (d), and 4560), to 
     oversee all acquisition and logistics functions related to 
     the response by the National Response Coordination Center to 
     COVID-19.
       (4) Responsibilities.--The Executive Officer, as the 
     officer overseeing the acquisition and logistics functions of 
     the response by the National Response Coordination Center to 
     COVID-19, shall--
       (A) receive all requests for equipment and supplies, 
     including personal protective equipment, from States and 
     Indian Tribes;
       (B) make recommendations to the President on utilizing the 
     full authorities available under the Defense Production Act 
     of 1950 (50 U.S.C. 4501 et seq.) to increase production 
     capacity as identified under subparagraphs (C) and (H) of 
     subsection (c)(1);
       (C) ensure that allocation of critical resources is carried 
     out in a manner consistent with the needs identified in the 
     reports required by subsection (c);
       (D) direct, in consultation with the Federal Emergency 
     Management Agency, the Department of Health and Human 
     Services, the Defense Logistics Agency, and other Federal 
     agencies as appropriate, all distribution of critical 
     equipment and supplies to the States and Indian Tribes, 
     through existing commercial distributers where practical;
       (E) communicate with State and local governments and Indian 
     Tribes with respect to availability and delivery schedule of 
     equipment and supplies;
       (F) contribute to the COVID-19 strategic testing plan 
     required by title I of division B of the Paycheck Protection 
     Program and Health Care Enhancement Act (Public Law 116-139) 
     to ensure the Secretary of Health and Human Services includes 
     in that plan a comprehensive plan to scale production and 
     optimize distribution of COVID-19 tests, including molecular, 
     antigen, and serological tests, in the United States; and
       (G) establish, in direct consultation with the Secretary of 
     Health and Human Services, and the heads of any other 
     appropriate Federal agencies, a comprehensive plan to address 
     necessary supply chain issues in order to rapidly scale up 
     production of a SARS-CoV-2 vaccine.
       (5) Transparency.--The Executive Officer shall make 
     available, including on a publicly available website, 
     information, updated not less frequently than every 3 days, 
     including--
       (A) the reports required by subsection (c);
       (B) requests for equipment and supplies from State 
     governments and Indian Tribes;
       (C) standards used for data collection;
       (D) modeling and any formulas used to determine allocation 
     of equipment and supplies, and any related chain of command 
     making final decisions on allocations;
       (E) the amount and destination of equipment and supplies 
     delivered;
       (F) an explanation of why any portion of a purchase order 
     placed under subsection (d), whether to replenish the 
     Strategic National Stockpile or otherwise, will not be 
     filled;
       (G) the percentage amounts of procured products used to 
     replenish the Strategic National Stockpile, targeted to 
     COVID-19 hotspots, or going into the commercial market;
       (H) metrics, formulas, and criteria used to determine 
     hotspots or areas of critical need at the State, county, and 
     Indian Health Service area level;
       (I) production and procurement benchmarks, where 
     practicable; and
       (J) results of the outreach and stakeholder reviews 
     required by subsection (c).
       (6) Additional personnel.--The Secretary of Defense may 
     detail members of the armed forces on active duty, or 
     additional civilian employees of the Department of Defense, 
     as appropriate, with relevant experience in acquisition 
     matters, to support the Executive Officer.
       (7) Termination.--The office of the Executive Officer shall 
     terminate 30 days after the Executive Officer certifies in 
     writing to Congress that all needs of States and Indian 
     Tribes identified in reports submitted under subsection (c) 
     have been met and all Federal Government stockpiles have been 
     replenished.
       (b) Commercial Sector Participation.--
       (1) In general.--The Executive Officer shall collect and 
     compile data from each of the commercial distributors that is 
     able to fulfill purchase orders authorized by this subtitle 
     through the Federal Emergency Management Agency, the Defense 
     Logistics Agency, the Department of Health and Human 
     Services, the Department of Veterans Affairs, and any other 
     appropriate Federal agencies.
       (2) Data included.--The data to be collected and compiled 
     under paragraph (1) includes--
       (A) the name and address of each delivery of supplies and 
     equipment under a purchase order authorized by this subtitle;
       (B) the number of such supplies and equipment delivered; 
     and
       (C) the date of each such delivery.
       (c) Reports Required.--
       (1) In general.--Not later than 7 days after the date of 
     the enactment of this Act, and every 7 days thereafter until 
     the termination date described in subsection (a)(7), the 
     Executive Officer, in coordination with the National Response 
     Coordination Center of the Federal Emergency Management 
     Agency, the Defense Logistics Agency, the Department of 
     Health and Human Services, the Department of Veterans 
     Affairs, and other Federal agencies as appropriate, shall 
     submit to Congress and the President, and publish in a timely 
     manner in the Federal Register a summary of, a report 
     including--
       (A) an assessment of the needs of the States and Indian 
     Tribes for equipment and supplies necessary to prevent, 
     identify, mitigate, and recover from cases of COVID-19, 
     including personal protective equipment, ventilators, testing 
     supplies, construction supplies, and emergency food sources, 
     for each month during the 2-year period beginning on the date 
     of the enactment of this Act;
       (B) an assessment of the quantities of equipment and 
     supplies in the Strategic National Stockpile as of the date 
     of the report and the projected gap between the quantities of 
     equipment and supplies identified as needed in the assessment 
     under subparagraph (A) and the quantities in the Stockpile;
       (C) an identification of the industry sectors and 
     manufacturers most ready to fulfill purchase orders for such 
     equipment and supplies, including manufacturers that may be 
     incentivized, through the exercise of authority under section 
     303(e) of the Defense Production Act of 1950 (50 U.S.C. 
     4533(e)), to modify, expand, or improve production processes 
     to manufacture such equipment and supplies;
       (D) an estimate of the funding and other measures necessary 
     to rapidly expand manufacturing production capacity for such 
     equipment and supplies, including--
       (i) any efforts to expand, retool, or reconfigure 
     production lines;
       (ii) any efforts to establish new production lines through 
     the purchase and installation of new equipment; or
       (iii) the issuance of additional contracts, purchase 
     orders, purchase guarantees, or other similar measures;
       (E) an identification of government and privately owned 
     stockpiles of equipment and supplies not included in the 
     Strategic National Stockpile that could be repaired or 
     refurbished;
       (F) an identification of previously distributed critical 
     supplies that can be redistributed based on current need;
       (G) an identification of critical areas of need by county 
     and Indian Health Service area in the United States and the 
     metrics and criteria for their identification as critical;
       (H) an inventory of the national production capacity for 
     equipment and supplies identified as needed in the assessment 
     under subparagraph (A); and
       (I) an identification of the needs of essential employees 
     and healthcare workers based on regular stakeholder reviews.
       (2) Form of reports.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (d) Purchase Orders.--
       (1) In general.--Not later than 1 day after receiving a 
     report required under subsection (c), the President, using 
     authorities provided under the Defense Production Act of 1950 
     (50 U.S.C. 4501 et seq.), shall--
       (A) establish a fair and reasonable price for the sale of 
     equipment and supplies identified in the reports required by 
     subsection (c); and
       (B) issue rated priority purchase orders pursuant to 
     Department of Defense Directive 4400.1, part 101, subpart A 
     of title 45, Code of Federal Regulations, or any other 
     applicable acquisition authority, to procure equipment and 
     supplies identified in the reports required by subsection 
     (c).
       (2) Disposition of unused equipment and supplies.--Any 
     equipment or supplies produced pursuant to paragraph (1) 
     using amounts from the Defense Production Act Fund and in 
     excess of needs identified in reports required by subsection 
     (c) shall be deposited in the Strategic National Stockpile.
       (3) Authorization of congress to impose price controls.--
     Paragraph (1)(A) shall be deemed to be a joint resolution 
     authorizing the imposition of price controls for purposes of 
     section 104(a) of the Defense Production Act of 1950 (50 
     U.S.C. 4514(a)).
       (e) Waiver of Certain Requirements.--The requirements of 
     sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and 
     (C) of section 303(a)(6) of the Defense Production Act of 
     1950 (50 U.S.C. 4531(d)(1)(A), 4532(d)(1), and 4533(a)(6)) 
     are waived for purposes of this section until the termination 
     date described in subsection (a)(6).
       (f) Funding.--Amounts available in the Defense Production 
     Act Fund under section 304 of the Defense Production Act of 
     1950 (50 U.S.C. 4534) shall be available for purchases made 
     under this section.
       (g) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).

[[Page S3625]]

       (2) Indian health service area.--The term ``Indian Health 
     Service area'' has the meaning given the term ``Service 
     area'' in section 4 of the Indian Health Care Improvement Act 
     (25 U.S.C. 1603).
       (3) State.--The term ``State'' means each State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, American Samoa, Guam, the Commonwealth of the 
     Northern Mariana Islands, the Virgin Islands of the United 
     States, and any other territory or possession of the United 
     States.
       (4) Uniformed services.--The term ``uniformed services'' 
     has the meaning given that term in section 101 of title 37, 
     United States Code.

     SEC. 1093. ANNUAL COMPTROLLER GENERAL REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Comptroller General of 
     the United States shall submit to Congress a report assessing 
     the Strategic National Stockpile, including--
       (1) recommendations for preparing for and responding to 
     future pandemics;
       (2) recommendations for changes to the Strategic National 
     Stockpile, including to the management of the stockpile;
       (3) in the case of the first report required to be 
     submitted under this section--
       (A) an assessment with respect to how much personal 
     protective equipment used for the COVID-19 response was 
     sourced within the United States and how much was sourced 
     from the People's Republic of China and other foreign 
     countries; and
       (B) recommendations with respect to how to ensure that the 
     United States supply chain for personal protective equipment 
     is better equipped to respond to emergencies, including 
     through the use of funds in the Defense Production Act Fund 
     under section 304 of the Defense Production Act of 1950 (50 
     U.S.C. 4534) to address shortages in that supply chain; and
       (4) in the case of each subsequent report required to be 
     submitted under this section--
       (A) an assessment with respect to how much personal 
     protective equipment was imported into the United States in 
     the year preceding submission of the report and, of that 
     equipment, how much would be used to prepare for and respond 
     to a future pandemic; and
       (B) a review of the implementation during that year of the 
     recommendations required by paragraph (3)(B).

     SEC. 1094. OVERSIGHT.

       (a) In General.--The Chairperson of the Council of the 
     Inspectors General on Integrity and Efficiency shall 
     designate any Inspector General responsible for conducting 
     oversight of any program or operation performed in support of 
     this subtitle to oversee the implementation of this subtitle, 
     to the maximum extent practicable and consistent with the 
     duties, responsibilities, policies, and procedures of that 
     Inspector General.
       (b) Removal.--The designation of an Inspector General under 
     subsection (a) may be terminated only for permanent 
     incapacity, inefficiency, neglect of duty, malfeasance, or 
     conviction of a felony or conduct involving moral turpitude.
                                 ______
                                 
  SA 2213. Mr. TILLIS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
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 XXVIII, add the 
     following:

     SEC. 2865. LEASE EXTENSION FOR BRYAN MULTI-SPORTS COMPLEX, 
                   WAYNE COUNTY, NORTH CAROLINA.

       (a) Authority.--The Secretary of the Air Force may extend 
     to the City of Goldsboro the existing lease of the 
     approximately 62-acre Bryan Multi-Sports Complex located in 
     Wayne County, North Carolina, for the purpose of operating a 
     sports and recreation facility for the benefit of both the 
     Air Force and the community.
       (b) Duration.--At the option of the Secretary of the Air 
     Force, the lease entered into under this section may be 
     extended for up to 30 additional years with a total lease 
     period not to exceed 50 years.
       (c) Payments Under the Lease.--The Secretary of the Air 
     Force may waive the requirement under section 2667(b)(4) of 
     title 10, United States Code, with respect to the lease 
     entered into under this section if the Secretary determines 
     that the lease enhances the quality of life of members of the 
     Armed Forces.
       (d) Sense of Senate.--It is the Sense of the Senate 
     regarding the conditions governing the extension of the 
     current lease for the Bryan Multi-Sports Complex that--
       (1) the Senate has determined it is in the best interest of 
     the community and the Air Force to extend the lease at no 
     cost;
       (2) the current lease allowed the Air Force to close their 
     sports field on Seymour-Johnson Air Force Base and resulted 
     in a savings of $15,000 per year in utilities and grounds 
     maintenance costs;
       (3) the current sports complex reduces force protection 
     vulnerability now that the sports complex is located outside 
     the fence line of the installation; and
       (4) the facility has improved the quality of life for 
     military families stationed at Seymour-Johnson Air Force Base 
     by allowing members of the Armed Forces and their families to 
     have access to world class sports facilities located adjacent 
     to the installation and on-base privatized housing with easy 
     access by junior enlisted members residing in the dorms.

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