[Congressional Record Volume 166, Number 120 (Tuesday, June 30, 2020)]
[Senate]
[Pages S4044-S4079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2326. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 3152.
                                 ______
                                 
  SA 2327. Mr. YOUNG submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. ___. STUDY AND PLAN ON THE USE OF ADDITIVE MANUFACTURING 
                   AND THREE-DIMENSIONAL BIOPRINTING IN SUPPORT OF 
                   THE WARFIGHTER.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the use of additive manufacturing and three-dimensional 
     bioprinting across the Military Health System.
       (b) Elements.--The study required by subsection (a) shall 
     examine the activities currently underway by each of the 
     military services and the Department agencies, including 
     costs, sources of funding, oversight, collaboration, and 
     outcomes.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense 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 results of the study conducted under subsection 
     (a).
                                 ______
                                 
  SA 2328. Mr. YOUNG submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 IX.
                                 ______
                                 
  SA 2329. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 1532.
                                 ______
                                 
  SA 2330. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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, during the five-year period beginning on the date of 
     the enactment of this Act 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 2331. Mr. SHELBY submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 the section heading and insert the 
     following:

     SEC. 235. REPORT ON MICRO NUCLEAR REACTOR PROGRAMS.

       In section 235, strike subsections (e) and (f).
                                 ______
                                 
  SA 2332. Mr. CRAMER (for himself, Mrs. Gillibrand, Mr. Hoeven, Mr. 
Menendez, Ms. Klobuchar, Mrs. Capito, Mr. Tester, Mrs. Shaheen, Mr. 
Lankford, Mr. Blumenthal, Mr. Schumer, Ms. Collins, Ms. Hassan, Mr. 
Rounds, Mr. Booker, 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 subtitle G of title X, add the following:

     SEC. 10___. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL 
                   OF THE NAMES OF THE LOST CREW MEMBERS OF THE 
                   U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Defense shall 
     authorize the inclusion on the Vietnam Veterans Memorial Wall 
     in the District of Columbia of the names of the 74 crew 
     members of the U.S.S. Frank E. Evans killed on June 3, 1969.
       (b) Required Consultation.--The Secretary of Defense shall 
     consult with the Secretary of the Interior, the American 
     Battlefield Monuments Commission, and other applicable 
     authorities with respect to any adjustments to the 
     nomenclature and placement of names pursuant to subsection 
     (a) to address any space limitations on the placement of 
     additional names on the Vietnam Veterans Memorial Wall.
       (c) Nonapplicability of Commemorative Works Act.--Chapter 
     89 of title 40, United

[[Page S4045]]

     States Code (commonly known as the ``Commemorative Works 
     Act''), shall not apply to any activities carried out under 
     subsection (a) or (b).
                                 ______
                                 
  SA 2333. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 1602 and insert the following:

     SEC. 1602. DISTRIBUTION OF LAUNCHES FOR PHASE TWO OF 
                   ACQUISITION STRATEGY FOR NATIONAL SECURITY 
                   SPACE LAUNCH PROGRAM.

       In carrying out phase two of the acquisition strategy for 
     the National Security Space Launch program, the Secretary of 
     the Air Force shall ensure--
       (1) that launch services are procured only from launch 
     service providers that the Secretary assesses will meet all 
     payload-to-reference orbit requirements, as outlined in the 
     phase two acquisition strategy; and
       (2) the viability of the domestic space launch industrial 
     base while providing for cost-effective and reliable launch 
     services.
                                 ______
                                 
  SA 2334. Mr. COTTON (for himself, Mr. Tillis, and 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:

       Strike section 377 and insert the following:

     SEC. 377. COMMISSION ON THE NAMING OF ASSETS OF THE 
                   DEPARTMENT OF DEFENSE THAT COMMEMORATE THE 
                   CONFEDERATE STATES OF AMERICA OR ANY PERSON WHO 
                   SERVED VOLUNTARILY WITH THE CONFEDERATE STATES 
                   OF AMERICA.

       (a) In General.--The Secretary of Defense shall establish a 
     commission relating to the naming or other commemorative 
     properties of assets of the Department of Defense that 
     commemorate the Confederate States of America or any person 
     who served voluntarily with the Confederate States of America 
     (in this section referred to as the ``Commission'').
       (b) Duties.--The Commission shall--
       (1) develop procedures and criteria to assess whether an 
     asset of the Department of Defense commemorates the 
     Confederate States of America or any person who served 
     voluntarily with the Confederate States of America;
       (2) using the procedures and criteria developed in 
     paragraph (1), develop a list of all assets of the Department 
     of Defense that commemorate the Confederate States of America 
     or any person who served voluntarily with the Confederate 
     States of America; and
       (3) for each asset identified under paragraph (2), gather 
     information relating to the history, heritage, and local 
     sensitivities regarding the naming or other commemorative 
     properties of such asset.
       (c) Membership.--
       (1) In general.--The Commission shall be composed of eight 
     members, of whom--
       (A) four shall be appointed by the President, one of whom 
     shall be designated by the President as the Chair of the 
     Commission;
       (B) one shall be appointed by the Chairman of the Committee 
     on Armed Services of the Senate;
       (C) one shall be appointed by the Ranking Member of the 
     Committee on Armed Services of the Senate;
       (D) one shall be appointed by the Chairman of the Committee 
     on Armed Services of the House of Representatives; and
       (E) one shall be appointed by the Ranking Member of the 
     Committee on Armed Services of the House of Representatives.
       (2) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (d) Initial Meeting.--The Commission shall hold its initial 
     meeting at the call of the Chair, but not later than 60 days 
     after the date of the enactment of this Act.
       (e) Other Procedures; Voting.--The Commission may establish 
     the procedures of the Commission by majority vote, except 
     that in the case of a tied vote the position of the Chair 
     shall be adopted as the majority vote of the Commission.
       (f) Detail of Employees and Access to Information.--
       (1) Detail of government employees.--Upon request by the 
     Commission, an employee of the Federal Government may be 
     detailed to the Commission without reimbursement, and such 
     detail shall be without interruption or loss of civil service 
     status or privilege.
       (2) Access to other resources.--
       (A) In general.--The Commission shall have reasonable 
     access to materials, resources, and other information the 
     Commission determines necessary to carry out its duties 
     from--
       (i) the Library of Congress;
       (ii) the Department of Defense;
       (iii) the National Archives and Records Administration;
       (iv) the Smithsonian Institution; and
       (v) any other agency of the executive or legislative branch 
     of the Federal Government.
       (B) Requests for resources.--The Chair of the Commission 
     shall make requests for access to materials, resources, and 
     other information described in subparagraph (A) in writing 
     when necessary.
       (g) Briefings and Reports.--
       (1) Briefing.--Not later than October 1, 2021, the 
     Commission shall brief the Secretary of Defense and the 
     Committees on Armed Services of the Senate and the House of 
     Representatives detailing the progress of the Commission in 
     carrying out the requirements of the Commission under 
     subsection (b).
       (2) Final briefing and report.--Not later than October 1, 
     2022, the Commission shall brief and provide a written report 
     to the Secretary of Defense and the Committees on Armed 
     Services of the Senate and the House of Representatives 
     detailing the results of the work of the Commission under 
     subsection (b), including--
       (A) a list of assets of the Department of Defense 
     identified by the Commission as commemorating the Confederate 
     States of America or any person who served voluntarily with 
     the Confederate States of America;
       (B) a description of the criteria and procedures used to 
     identify such assets;
       (C) information relating to the history, heritage, and 
     local sensitivities regarding the naming or other 
     commemorative properties of each such asset; and
       (D) for each such asset, information relating to whether 
     the asset is a grave marker.
       (h) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated $2,000,000 to carry out this section.
       (2) Offset.--The amount authorized to be appropriated by 
     this Act for fiscal year 2021 for Operation and Maintenance, 
     Army, sub activity group 434, other personnel support is 
     hereby reduced by $2,000,000.
       (i) Definitions.--In this section:
       (1) Assets of the department of defense.--The term ``assets 
     of the Department of Defense'' includes any base, 
     installation, street, building, facility, aircraft, ship, 
     plane, weapon, equipment, plaque, monument, memorial, or any 
     other property owned or controlled by the Department of 
     Defense.
       (2) Commemorative properties.--The term ``commemorative 
     properties'' includes any name, symbol, design, display, or 
     other property of an asset of the Department of Defense that 
     is intended to commemorate or has the effect of commemorating 
     an individual, group, idea, or historical event.
       (3) Grave marker.--The term ``grave marker'' includes any 
     monument, memorial, plaque, or other item which, due to its 
     nature, location, or presentation, may be reasonably viewed 
     as commemorating the death or final resting place of war 
     dead.
                                 ______
                                 
  SA 2335. 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 end of subtitle D of title X, add the following:

     SEC. 1035. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS 
                   BY THE UNITED STATES.

       (a) Limitation on Detention.--Section 4001 of title 18, 
     United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) No person shall be imprisoned or otherwise detained 
     by the United States except consistent with the 
     Constitution.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b)(1) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, 
     shall not be construed to authorize the imprisonment or 
     detention without charge or trial of a person apprehended in 
     the United States.
       ``(2) Paragraph (1) applies 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 National Defense Authorization Act for 
     Fiscal Year 2021.
       ``(3) This section shall not be construed to authorize the 
     imprisonment or detention of any person who is apprehended in 
     the United States.''.
       (b) Repeal of Authority of the Armed Forces of the United 
     States To Detain Covered Persons Pursuant to the 
     Authorization for Use of Military Force.--Section 1021 of the 
     National Defense Authorization Act for Fiscal Year 2012 
     (Public Law 112-81; 10 U.S.C. 801 note) is repealed.
                                 ______
                                 
  SA 2336. Mr. WARNER (for himself and Mr. King) submitted an amendment 
intended to be proposed by him

[[Page S4046]]

to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. 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 develop and submit to Congress a 
     comprehensive report on the national strategy for the 
     information and communications technology (ICT) industrial 
     base for the following 4-year period, or a longer period, if 
     appropriate. The report should include inputs from the 
     Department of Defense, the Department of Homeland Security, 
     the Department of Commerce, the Department of State, the 
     Office of the Director of National Intelligence, and relevant 
     private sector entities.
       (2) Elements.--The strategy required under paragraph (1) 
     shall--
       (A) delineate a national ICT industrial base strategy 
     consistent with--
       (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, the Select Committee on Intelligence, and 
     the Committee on Appropriations 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, the Permanent Select Committee 
     on Intelligence, and the Committee on Appropriations 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 2337. 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 end of subtitle E of title X, add the following:

     SEC. 1052. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ RESOLUTION OF 2002.

       The Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (50 U.S.C. 1541 note) is repealed.
                                 ______
                                 
  SA 2338. Mr. MORAN (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 2301 proposed by Mr. 
Inhofe to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
                       COMMISSIONED OFFICER CORPS

     SEC. 1701. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION COMMISSIONED OFFICER CORPS ACT 
                   OF 2002.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3001 et seq.).

                     Subtitle A--General Provisions

     SEC. 1711. STRENGTH AND DISTRIBUTION IN GRADE.

       Section 214 (33 U.S.C. 3004) is amended to read as follows:

     ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

       ``(a) Grades.--The commissioned grades in the commissioned 
     officer corps of the Administration are the following, in 
     relative rank with officers of the Navy:
       ``(1) Vice admiral.
       ``(2) Rear admiral.
       ``(3) Rear admiral (lower half).
       ``(4) Captain.
       ``(5) Commander.
       ``(6) Lieutenant commander.
       ``(7) Lieutenant.
       ``(8) Lieutenant (junior grade).
       ``(9) Ensign.
       ``(b) Grade Distribution.--The Secretary shall prescribe, 
     with respect to the distribution on the lineal list in grade, 
     the percentages applicable to the grades set forth in 
     subsection (a).
       ``(c) Annual Computation of Number in Grade.--
       ``(1) In general.--Not less frequently than once each year, 
     the Secretary shall make a computation to determine the 
     number of officers on the lineal list authorized to be 
     serving in each grade.
       ``(2) Method of computation.--The number in each grade 
     shall be computed by applying the applicable percentage to 
     the total number of such officers serving on active duty on 
     the date the computation is made.
       ``(3) Fractions.--If a final fraction occurs in computing 
     the authorized number of officers in a grade, the nearest 
     whole number shall be taken. If the fraction is one-half, the 
     next higher whole number shall be taken.
       ``(d) Temporary Increase in Numbers.--The total number of 
     officers authorized by law to be on the lineal list during a 
     fiscal year may be temporarily exceeded if the average number 
     on that list during that fiscal year does not exceed the 
     authorized number.
       ``(e) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228(a) and 
     officers recalled from retired status shall not be counted 
     when computing authorized strengths under subsection (c) and 
     shall not count against those strengths.
       ``(f) Preservation of Grade and Pay.--No officer may be 
     reduced in grade or pay or separated from the commissioned 
     officer corps of the Administration as the result of a 
     computation made to determine the authorized number of 
     officers in the various grades.''.

     SEC. 1712. RECALLED OFFICERS.

       (a) In General.--Section 215 (33 U.S.C. 3005) is amended to 
     read as follows:

     ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

       ``(a) In General.--The total number of authorized 
     commissioned officers on the lineal list of the commissioned 
     officer corps of the Administration shall not exceed 500.
       ``(b) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228 and 
     officers recalled from retired status or detailed to an 
     agency other than the Administration--
       ``(1) may not be counted in determining the total number of 
     authorized officers on the lineal list under this section; 
     and
       ``(2) may not count against such number.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 215 and inserting the following:

``Sec. 215. Number of authorized commissioned officers.''.

     SEC. 1713. OBLIGATED SERVICE REQUIREMENT.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

       ``(a) In General.--
       ``(1) Regulations.--The Secretary shall prescribe the 
     obligated service requirements for appointments, training, 
     promotions, separations, continuations, and retirements of 
     officers not otherwise covered by law.

[[Page S4047]]

       ``(2) Written agreements.--The Secretary and officers shall 
     enter into written agreements that describe the officers' 
     obligated service requirements prescribed under paragraph (1) 
     in return for such appointments, training, promotions, 
     separations, continuations, and retirements as the Secretary 
     considers appropriate.
       ``(b) Repayment for Failure to Satisfy Requirements.--
       ``(1) In general.--The Secretary may require an officer who 
     fails to meet the service requirements prescribed under 
     subsection (a)(1) to reimburse the Secretary in an amount 
     that bears the same ratio to the total costs of the training 
     provided to that officer by the Secretary as the unserved 
     portion of active duty bears to the total period of active 
     duty the officer agreed to serve.
       ``(2) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary under paragraph (1) is, for all 
     purposes, a debt owed to the United States.
       ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11 that is entered less than five years after the 
     termination of a written agreement entered into under 
     subsection (a)(2) does not discharge the individual signing 
     the agreement from a debt arising under such agreement.
       ``(c) Waiver or Suspension of Compliance.--The Secretary 
     may waive the service obligation of an officer who--
       ``(1) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that officer; or
       ``(2) is--
       ``(A) not physically qualified for appointment; and
       ``(B) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     officer's own misconduct or grossly negligent conduct.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 215 the following:

``Sec. 216. Obligated service requirement.''.

     SEC. 1714. TRAINING AND PHYSICAL FITNESS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 1713(a), is further amended by adding at 
     the end the following:

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

       ``(a) Training.--The Secretary may take such measures as 
     may be necessary to ensure that officers are prepared to 
     carry out their duties in the commissioned officer corps of 
     the Administration and proficient in the skills necessary to 
     carry out such duties. Such measures may include the 
     following:
       ``(1) Carrying out training programs and correspondence 
     courses, including establishing and operating a basic officer 
     training program to provide initial indoctrination and 
     maritime vocational training for officer candidates as well 
     as refresher training, mid-career training, aviation 
     training, and such other training as the Secretary considers 
     necessary for officer development and proficiency.
       ``(2) Providing officers and officer candidates with 
     educational materials.
       ``(3) Acquiring such equipment as may be necessary for 
     training and instructional purposes.
       ``(b) Physical Fitness.--The Secretary shall ensure that 
     officers maintain a high physical state of readiness by 
     establishing standards of physical fitness for officers that 
     are substantially equivalent to those prescribed for officers 
     in the Coast Guard.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1713(b), is 
     further amended by inserting after the item relating to 
     section 216 the following:

``Sec. 217. Training and physical fitness.''.

     SEC. 1715. AVIATION ACCESSION TRAINING PROGRAMS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 1714(a), is further amended by adding at 
     the end the following:

     ``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Under Secretary of Commerce for Oceans and Atmosphere and the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Member of the program.--The term `member of the 
     program' means a student who is enrolled in the program.
       ``(3) Program.--The term `program' means an aviation 
     accession training program of the commissioned officer corps 
     of the Administration established pursuant to subsection (b).
       ``(b) Aviation Accession Training Programs.--
       ``(1) Establishment authorized.--The Administrator, under 
     regulations prescribed by the Secretary, shall establish and 
     maintain one or more aviation accession training programs for 
     the commissioned officer corps of the Administration at 
     institutions described in paragraph (2).
       ``(2) Institutions described.--An institution described in 
     this paragraph is an educational institution--
       ``(A) that requests to enter into an agreement with the 
     Administrator providing for the establishment of the program 
     at the institution;
       ``(B) that has, as a part of its curriculum, a four-year 
     baccalaureate program of professional flight and piloting 
     instruction that is accredited by the Aviation Accreditation 
     Board International;
       ``(C) that is located in a geographic area that--
       ``(i) experiences a wide variation in climate-related 
     activity, including frequent high winds, convective activity 
     (including tornadoes), periods of low visibility, heat, and 
     snow and ice episodes, to provide opportunities for pilots to 
     demonstrate skill in all weather conditions compatible with 
     future encounters during their service in the commissioned 
     officer corps; and
       ``(ii) has a climate that can accommodate both primary and 
     advanced flight training activity at least 75 percent of the 
     year; and
       ``(D) at which the Administrator determines that--
       ``(i) there will be at least one student enrolled in the 
     program; and
       ``(ii) the provisions of this section are otherwise 
     satisfied.
       ``(3) Limitations in connection with particular 
     institutions.--The program may not be established or 
     maintained at an institution unless--
       ``(A) the senior commissioned officer or employee of the 
     commissioned officer corps who is assigned as an advisor to 
     the program at that institution is given the academic rank of 
     adjunct professor; and
       ``(B) the institution fulfills the terms of its agreement 
     with the Administrator.
       ``(4) Membership in connection with status as student.--At 
     institutions at which the program is established, the 
     membership of students in the program shall be elective, as 
     provided by State law or the authorities of the institution 
     concerned.
       ``(c) Membership.--
       ``(1) Eligibility.--To be eligible for membership in the 
     program, an individual must--
       ``(A) be a student at an institution at which the program 
     is established;
       ``(B) be a citizen of the United States;
       ``(C) contract in writing, with the consent of a parent or 
     guardian if a minor, with the Administrator, to--
       ``(i) accept an appointment, if offered, as a commissioned 
     officer in the commissioned officer corps of the 
     Administration; and
       ``(ii) serve in the commissioned officer corps for not 
     fewer than four years;
       ``(D) enroll in--
       ``(i) a four-year baccalaureate program of professional 
     flight and piloting instruction; and
       ``(ii) other training or education, including basic officer 
     training, which is prescribed by the Administrator as meeting 
     the preliminary requirement for admission to the commissioned 
     officer corps; and
       ``(E) execute a certificate or take an oath relating to 
     morality and conduct in such form as the Administrator 
     prescribes.
       ``(2) Completion of program.--A member of the program may 
     be appointed as a regular officer in the commissioned officer 
     corps if the member meets all requirements for appointment as 
     such an officer.
       ``(d) Financial Assistance for Qualified Members.--
       ``(1) Expenses of course of instruction.--
       ``(A) In general.--In the case of a member of the program 
     who meets such qualifications as the Administrator 
     establishes for purposes of this subsection, the 
     Administrator may pay the expenses of the member in 
     connection with pursuit of a course of professional flight 
     and piloting instruction under the program, including 
     tuition, fees, educational materials such as books, training, 
     certifications, travel, and laboratory expenses.
       ``(B) Assistance after fourth academic year.--In the case 
     of a member of the program described in subparagraph (A) who 
     is enrolled in a course described in that subparagraph that 
     has been approved by the Administrator and requires more than 
     four academic years for completion, including elective 
     requirements of the program, assistance under this subsection 
     may also be provided during a fifth academic year or during a 
     combination of a part of a fifth academic year and summer 
     sessions.
       ``(2) Room and board.--In the case of a member eligible to 
     receive assistance under paragraph (1), the Administrator 
     may, in lieu of payment of all or part of such assistance, 
     pay the room and board expenses of the member, and other 
     educational expenses, of the educational institution 
     concerned.
       ``(3) Failure to complete program or accept commission.--A 
     member of the program who receives assistance under this 
     subsection and who does not complete the course of 
     instruction, or who completes the course but declines to 
     accept a commission in the commissioned officer corps when 
     offered, shall be subject to the repayment provisions of 
     subsection (e).
       ``(e) Repayment of Unearned Portion of Financial Assistance 
     When Conditions of Payment Not Met.--
       ``(1) In general.--A member of the program who receives or 
     benefits from assistance under subsection (d), and whose 
     receipt of or benefit from such assistance is subject to the 
     condition that the member fully satisfy the requirements of 
     subsection (c), shall repay to the United States an amount 
     equal to the assistance received or benefitted from if the 
     member fails to fully satisfy such requirements and may not 
     receive or benefit

[[Page S4048]]

     from any unpaid amounts of such assistance after the member 
     fails to satisfy such requirements, unless the Administrator 
     determines that the imposition of the repayment requirement 
     and the termination of payment of unpaid amounts of such 
     assistance with regard to the member would be--
       ``(A) contrary to a personnel policy or management 
     objective;
       ``(B) against equity and good conscience; or
       ``(C) contrary to the best interests of the United States.
       ``(2) Regulations.--The Administrator may establish, by 
     regulations, procedures for determining the amount of the 
     repayment required under this subsection and the 
     circumstances under which an exception to repayment may be 
     granted. The Administrator may specify in the regulations the 
     conditions under which financial assistance to be paid to a 
     member of the program will not be made if the member no 
     longer satisfies the requirements in subsection (c) or 
     qualifications in subsection (d) for such assistance.
       ``(3) Obligation as debt to united states.--An obligation 
     to repay the United States under this subsection is, for all 
     purposes, a debt owed to the United States.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1714(b), is 
     further amended by inserting after the item relating to 
     section 217 the following:

``Sec. 218. Aviation accession training programs.''.

     SEC. 1716. RECRUITING MATERIALS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 1715(a), is further amended by adding at 
     the end the following:

     ``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

       ``The Secretary may use for public relations purposes of 
     the Department of Commerce any advertising materials 
     developed for use for recruitment and retention of personnel 
     for the commissioned officer corps of the Administration. Any 
     such use shall be under such conditions and subject to such 
     restrictions as the Secretary shall prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1715(b), is 
     further amended by inserting after the item relating to 
     section 218 the following:

``Sec. 219. Use of recruiting materials for public relations.''.

     SEC. 1717. TECHNICAL CORRECTION.

       Section 101(21)(C) of title 38, United States Code, is 
     amended by inserting ``in the commissioned officer corps'' 
     before ``of the National''.

                   Subtitle B--Parity and Recruitment

     SEC. 1721. EDUCATION LOANS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy one of the requirements specified in 
     subsection (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the commissioned officer corps of the 
     Administration; and
       ``(3) sign a written agreement to serve on active duty, or, 
     if on active duty, to remain on active duty for a period in 
     addition to any other incurred active duty obligation.
       ``(c) Academic and Professional Requirements.--One of the 
     following academic requirements must be satisfied for 
     purposes of determining the eligibility of an individual for 
     a loan repayment under this section:
       ``(1) The person is fully qualified in a profession that 
     the Secretary has determined to be necessary to meet 
     identified skill shortages in the commissioned officer corps.
       ``(2) The person is enrolled as a full-time student in the 
     final year of a course of study at an accredited educational 
     institution (as determined by the Secretary of Education) 
     leading to a degree in a profession that will meet identified 
     skill shortages in the commissioned officer corps.
       ``(d) Loan Repayments.--
       ``(1) In general.--Subject to the limits established under 
     paragraph (2), a loan repayment under this section may 
     consist of the payment of the principal, interest, and 
     related expenses of a loan obtained by a person described in 
     subsection (b).
       ``(2) Limitation on amount.--For each year of obligated 
     service that a person agrees to serve in an agreement 
     described in subsection (b)(3), the Secretary may pay not 
     more than the amount specified in section 2173(e)(2) of title 
     10, United States Code.
       ``(e) Active Duty Service Obligation.--
       ``(1) In general.--A person entering into an agreement 
     described in subsection (b)(3) incurs an active duty service 
     obligation.
       ``(2) Length of obligation determined under regulations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the length of the obligation under paragraph (1) shall be 
     determined under regulations prescribed by the Secretary.
       ``(B) Minimum obligation.--The regulations prescribed under 
     subparagraph (A) may not provide for a period of obligation 
     of less than one year for each maximum annual amount, or 
     portion thereof, paid on behalf of the person for qualified 
     loans.
       ``(3) Persons on active duty before entering into 
     agreement.--The active duty service obligation of persons on 
     active duty before entering into the agreement shall be 
     served after the conclusion of any other obligation incurred 
     under the agreement.
       ``(4) Concurrent completion of service obligations.--A 
     service obligation under this section may be completed 
     concurrently with a service obligation under section 216.
       ``(f) Effect of Failure To Complete Obligation.--
       ``(1) Alternative obligations.--An officer who is relieved 
     of the officer's active duty obligation under this section 
     before the completion of that obligation may be given any 
     alternative obligation, at the discretion of the Secretary.
       ``(2) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (b)(3), or the alternative obligation 
     imposed under paragraph (1), shall be subject to the 
     repayment provisions under section 216.
       ``(g) Rulemaking.--The Secretary shall prescribe 
     regulations to carry out this section, including--
       ``(1) standards for qualified loans and authorized payees; 
     and
       ``(2) other terms and conditions for the making of loan 
     repayments.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 266 the following:

``Sec. 267. Education loan repayment program.''.

     SEC. 1722. INTEREST PAYMENTS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 1721(a), is further amended by adding at 
     the end the following:

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

       ``(a) Authority.--The Secretary may pay the interest and 
     any special allowances that accrue on one or more student 
     loans of an eligible officer, in accordance with this 
     section.
       ``(b) Eligible Officers.--An officer is eligible for the 
     benefit described in subsection (a) while the officer--
       ``(1) is serving on active duty;
       ``(2) has not completed more than three years of service on 
     active duty;
       ``(3) is the debtor on one or more unpaid loans described 
     in subsection (c); and
       ``(4) is not in default on any such loan.
       ``(c) Student Loans.--The authority to make payments under 
     subsection (a) may be exercised with respect to the following 
     loans:
       ``(1) A loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.).
       ``(2) A loan made under part D of such title (20 U.S.C. 
     1087a et seq.).
       ``(3) A loan made under part E of such title (20 U.S.C. 
     1087aa et seq.).
       ``(d) Maximum Benefit.--Interest and any special allowance 
     may be paid on behalf of an officer under this section for 
     any of the 36 consecutive months during which the officer is 
     eligible under subsection (b).
       ``(e) Funds for Payments.--The Secretary may use amounts 
     appropriated for the pay and allowances of personnel of the 
     commissioned officer corps of the Administration for payments 
     under this section.
       ``(f) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Transfer of funds.--The Secretary shall transfer to 
     the Secretary of Education the funds necessary--
       ``(A) to pay interest and special allowances on student 
     loans under this section (in accordance with sections 428(o), 
     455(l), and 464(j) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
       ``(B) to reimburse the Secretary of Education for any 
     reasonable administrative costs incurred by the Secretary in 
     coordinating the program under this section with the 
     administration of the student loan programs under parts B, D, 
     and E of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
       ``(g) Special Allowance Defined.--In this section, the term 
     `special allowance' means a special allowance that is payable 
     under section 438 of the Higher Education Act of 1965 (20 
     U.S.C. 1087-1).''.
       (b) Conforming Amendments.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and

[[Page S4049]]

       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1721(b), is 
     further amended by inserting after the item relating to 
     section 267 the following:

``Sec. 268. Interest payment program.''.

     SEC. 1723. STUDENT PRE-COMMISSIONING PROGRAM.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 1722(a), is further amended by adding at 
     the end the following:

     ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
                   PROGRAM.

       ``(a) Authority To Provide Financial Assistance.--For the 
     purpose of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty, the Secretary may provide financial assistance to a 
     person described in subsection (b) for expenses of the person 
     while the person is pursuing on a full-time basis at an 
     accredited educational institution (as determined by the 
     Secretary of Education) a program of education approved by 
     the Secretary that leads to--
       ``(1) a baccalaureate degree in not more than five academic 
     years; or
       ``(2) a postbaccalaureate degree.
       ``(b) Eligible Persons.--
       ``(1) In general.--A person is eligible to obtain financial 
     assistance under subsection (a) if the person--
       ``(A) is enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any educational 
     institution described in such subsection;
       ``(B) meets all of the requirements for acceptance into the 
     commissioned officer corps of the Administration except for 
     the completion of a baccalaureate degree; and
       ``(C) enters into a written agreement with the Secretary 
     described in paragraph (2).
       ``(2) Agreement.--A written agreement referred to in 
     paragraph (1)(C) is an agreement between the person and the 
     Secretary in which the person--
       ``(A) agrees to accept an appointment as an officer, if 
     tendered; and
       ``(B) upon completion of the person's educational program, 
     agrees to serve on active duty, immediately after 
     appointment, for--
       ``(i) up to three years if the person received less than 
     three years of assistance; and
       ``(ii) up to five years if the person received at least 
     three years of assistance.
       ``(c) Qualifying Expenses.--Expenses for which financial 
     assistance may be provided under subsection (a) are the 
     following:
       ``(1) Tuition and fees charged by the educational 
     institution involved.
       ``(2) The cost of educational materials.
       ``(3) In the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses.
       ``(4) Such other expenses as the Secretary considers 
     appropriate.
       ``(d) Limitation on Amount.--The Secretary shall prescribe 
     the amount of financial assistance provided to a person under 
     subsection (a), which may not exceed the amount specified in 
     section 2173(e)(2) of title 10, United States Code, for each 
     year of obligated service that a person agrees to serve in an 
     agreement described in subsection (b)(2).
       ``(e) Duration of Assistance.--Financial assistance may be 
     provided to a person under subsection (a) for not more than 
     five consecutive academic years.
       ``(f) Subsistence Allowance.--
       ``(1) In general.--A person who receives financial 
     assistance under subsection (a) shall be entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     paragraph (2) for the duration of the period for which the 
     person receives such financial assistance.
       ``(2) Determination of amount.--The Secretary shall 
     prescribe monthly rates for subsistence allowance provided 
     under paragraph (1), which shall be equal to the amount 
     specified in section 2144(a) of title 10, United States Code.
       ``(g) Initial Clothing Allowance.--
       ``(1) Training.--The Secretary may prescribe a sum which 
     shall be credited to each person who receives financial 
     assistance under subsection (a) to cover the cost of the 
     person's initial clothing and equipment issue.
       ``(2) Appointment.--Upon completion of the program of 
     education for which a person receives financial assistance 
     under subsection (a) and acceptance of appointment in the 
     commissioned officer corps of the Administration, the person 
     may be issued a subsequent clothing allowance equivalent to 
     that normally provided to a newly appointed officer.
       ``(h) Termination of Financial Assistance.--
       ``(1) In general.--The Secretary shall terminate the 
     assistance provided to a person under this section if--
       ``(A) the Secretary accepts a request by the person to be 
     released from an agreement described in subsection (b)(2);
       ``(B) the misconduct of the person results in a failure to 
     complete the period of active duty required under the 
     agreement; or
       ``(C) the person fails to fulfill any term or condition of 
     the agreement.
       ``(2) Reimbursement.--The Secretary may require a person 
     who receives assistance described in subsection (c), (f), or 
     (g) under an agreement entered into under subsection 
     (b)(1)(C) to reimburse the Secretary in an amount that bears 
     the same ratio to the total costs of the assistance provided 
     to that person as the unserved portion of active duty bears 
     to the total period of active duty the officer agreed to 
     serve under the agreement.
       ``(3) Waiver.--The Secretary may waive the service 
     obligation of a person through an agreement entered into 
     under subsection (b)(1)(C) if the person--
       ``(A) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that person; or
       ``(B) is--
       ``(i) not physically qualified for appointment; and
       ``(ii) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     person's own misconduct or grossly negligent conduct.
       ``(4) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary imposed under paragraph (2) is, 
     for all purposes, a debt owed to the United States.
       ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11, United States Code, that is entered less than 
     five years after the termination of a written agreement 
     entered into under subsection (b)(1)(C) does not discharge 
     the person signing the agreement from a debt arising under 
     such agreement or under paragraph (2).
       ``(i) Regulations.--The Secretary may prescribe such 
     regulations and orders as the Secretary considers appropriate 
     to carry out this section.
       ``(j) Concurrent Completion of Service Obligations.--A 
     service obligation under this section may be completed 
     concurrently with a service obligation under section 216.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1722(c), is 
     further amended by inserting after the item relating to 
     section 268 the following:

``Sec. 269. Student pre-commissioning education assistance program.''.

     SEC. 1724. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with the 
     fiscal year in which this title is enacted, the Secretary of 
     Commerce shall ensure that the total amount expended by the 
     Secretary under section 267 of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (as added by section 1721(a)), section 268 of such Act 
     (as added by section 1722(a)), and section 269 of such Act 
     (as added by section 1723(a)) does not exceed the amount by 
     which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 1735(d)), if such 
     section entitled officer candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service, exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     paragraph (4) of section 212(b) of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (33 U.S.C. 3002), as added by section 1735(c).

     SEC. 1725. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 
                   UNITED STATES CODE, AND EXTENSION OF CERTAIN 
                   AUTHORITIES APPLICABLE TO MEMBERS OF THE ARMED 
                   FORCES TO COMMISSIONED OFFICER CORPS.

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (22) through (25), respectively;
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (14) through (19), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.

[[Page S4050]]

       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';
       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Section 1074n, relating to annual mental health 
     assessments.
       ``(12) Section 1090a, relating to referrals for mental 
     health evaluations.
       ``(13) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (19), as redesignated, the 
     following:
       ``(20) Subchapter I of chapter 88, relating to Military 
     Family Programs.
       ``(21) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their families.--Section 1588 of such title is 
     amended--
       (A) in subsection (a)(3), in the matter before subparagraph 
     (A), by striking ``armed forces'' and inserting ``uniformed 
     services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA Corps and Their Families.--
     For purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration.''.
       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), in the matter before subparagraph 
     (A), by inserting ``or the Secretary of Commerce, as 
     applicable,'' after ``the Secretary of Defense''.

     SEC. 1726. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by inserting after section 261 the following:

     ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       ``(a) Provisions Made Applicable to Commissioned Officer 
     Corps.--The provisions of law applicable to the Armed Forces 
     under the following provisions of title 37, United States 
     Code, shall apply to the commissioned officer corps of the 
     Administration:
       ``(1) Section 324, relating to accession bonuses for new 
     officers in critical skills.
       ``(2) Section 403(f)(3), relating to prescribing 
     regulations defining the terms `field duty' and `sea duty'.
       ``(3) Section 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(4) Section 415, relating to initial uniform allowances.
       ``(5) Section 488, relating to allowances for recruiting 
     expenses.
       ``(6) Section 495, relating to allowances for funeral 
     honors duty.
       ``(b) References.--The authority vested by title 37, United 
     States Code, in the `military departments', `the Secretary 
     concerned', or `the Secretary of Defense' with respect to the 
     provisions of law referred to in subsection (a) shall be 
     exercised, with respect to the commissioned officer corps of 
     the Administration, by the Secretary of Commerce or the 
     Secretary's designee.''.
       (b) Personal Money Allowance.--Section 414(a)(2) of title 
     37, United States Code, is amended by inserting ``or the 
     director of the commissioned officer corps of the National 
     Oceanic and Atmospheric Administration'' after ``Health 
     Service''.
       (c) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

``Sec. 261A. Applicability of certain provisions of title 37, United 
              States Code.''.

     SEC. 1727. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

       (a) In General.--Subsection (a) of section 261 (33 U.S.C. 
     3071), as amended by section 1725(a), is further amended--
       (1) by redesignating paragraphs (8) through (25) as 
     paragraphs (9) through (26), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by adding at the end the following: ``For purposes 
     of paragraph (8) of subsection (a), the term `Inspector 
     General' in section 1034 of such title 10 shall mean the 
     Inspector General of the Department of Commerce.''.
       (c) Regulations.--Such section is further amended by adding 
     at the end the following:
       ``(c) Regulations Regarding Protected Communications and 
     Prohibition of Retaliatory Personnel Actions.--The Secretary 
     may prescribe regulations to carry out the application of 
     section 1034 of title 10, United States Code, to the 
     commissioned officer corps of the Administration, including 
     by prescribing such administrative procedures for 
     investigation and appeal within the commissioned officer 
     corps as the Secretary considers appropriate.''.

     SEC. 1728. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
                   SERVICE LAW.

       Section 3304(f) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces'';
       (2) in paragraph (2), by striking ``or veteran'' and 
     inserting ``, veteran, or member''; and
       (3) in paragraph (4), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces''.

     SEC. 1729. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

       Section 4303(16) of title 38, United States Code, is 
     amended by inserting ``the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration,'' after 
     ``Public Health Service,''.

     SEC. 1730. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by this title, is further amended by adding at the 
     end the following:

     ``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS AS EMPLOYMENT IN ADMINISTRATION FOR 
                   PURPOSES OF CERTAIN HIRING DECISIONS.

       ``(a) In General.--In any case in which the Secretary 
     accepts an application for a position of employment with the 
     Administration and limits consideration of applications for 
     such position to applications submitted by individuals 
     serving in a career or career-conditional position in the 
     competitive service within the Administration, the Secretary 
     shall deem an officer who has served as an officer in the 
     commissioned officer corps for at least three years to be 
     serving in a career or career-conditional position in the 
     competitive service within the Administration for purposes of 
     such limitation.
       ``(b) Career Appointments.--If the Secretary selects an 
     application submitted by an officer described in subsection 
     (a) for a position described in such subsection, the 
     Secretary shall give such officer a career or career-
     conditional appointment in the competitive service, as 
     appropriate.
       ``(c) Competitive Service Defined.--In this section, the 
     term `competitive service' has the meaning given the term in 
     section 2102 of title 5, United States Code.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 269, as added by section 1723(b), the 
     following new item:

``Sec. 269A. Treatment of commission in commissioned officer corps as 
              employment in Administration for purposes of certain 
              hiring decisions.''.

           Subtitle C--Appointments and Promotion of Officers

     SEC. 1731. APPOINTMENTS.

       (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is 
     amended to read as follows:

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

       ``(a) Original Appointments.--
       ``(1) Grades.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an original appointment of an officer may be made in such 
     grades as may be appropriate for--
       ``(i) the qualification, experience, and length of service 
     of the appointee; and
       ``(ii) the commissioned officer corps of the 
     Administration.
       ``(B) Appointment of officer candidates.--
       ``(i) Limitation on grade.--An original appointment of an 
     officer candidate, upon graduation from the basic officer 
     training program of the commissioned officer corps of the 
     Administration, may not be made in any other grade than 
     ensign.
       ``(ii) Rank.--Officer candidates receiving appointments as 
     ensigns upon graduation from the basic officer training 
     program shall take rank according to their proficiency as 
     shown by the order of their merit at date of graduation.

[[Page S4051]]

       ``(2) Source of appointments.--An original appointment may 
     be made from among the following:
       ``(A) Graduates of the basic officer training program of 
     the commissioned officer corps of the Administration.
       ``(B) Graduates of the military service academies of the 
     United States who otherwise meet the academic standards for 
     enrollment in the training program described in subparagraph 
     (A).
       ``(C) Graduates of the maritime academies of the States 
     who--
       ``(i) otherwise meet the academic standards for enrollment 
     in the training program described in subparagraph (A);
       ``(ii) completed at least three years of regimented 
     training while at a maritime academy of a State; and
       ``(iii) obtained an unlimited tonnage or unlimited 
     horsepower Merchant Mariner Credential from the United States 
     Coast Guard.
       ``(D) Licensed officers of the United States merchant 
     marine who have served two or more years aboard a vessel of 
     the United States in the capacity of a licensed officer, who 
     otherwise meet the academic standards for enrollment in the 
     training program described in subparagraph (A).
       ``(3) Definitions.--In this subsection:
       ``(A) Maritime academies of the states.--The term `maritime 
     academies of the States' means the following:
       ``(i) California Maritime Academy, Vallejo, California.
       ``(ii) Great Lakes Maritime Academy, Traverse City, 
     Michigan.
       ``(iii) Maine Maritime Academy, Castine, Maine.
       ``(iv) Massachusetts Maritime Academy, Buzzards Bay, 
     Massachusetts.
       ``(v) State University of New York Maritime College, Fort 
     Schuyler, New York.
       ``(vi) Texas A&M Maritime Academy, Galveston, Texas.
       ``(B) Military service academies of the united states.--The 
     term `military service academies of the United States' means 
     the following:
       ``(i) The United States Military Academy, West Point, New 
     York.
       ``(ii) The United States Naval Academy, Annapolis, 
     Maryland.
       ``(iii) The United States Air Force Academy, Colorado 
     Springs, Colorado.
       ``(iv) The United States Coast Guard Academy, New London, 
     Connecticut.
       ``(v) The United States Merchant Marine Academy, Kings 
     Point, New York.
       ``(b) Reappointment.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual who previously served in the commissioned officer 
     corps of the Administration may be appointed by the Secretary 
     to the grade the individual held prior to separation.
       ``(2) Reappointments to higher grades.--An appointment 
     under paragraph (1) to a position of importance and 
     responsibility designated under section 228 may only be made 
     by the President.
       ``(c) Qualifications.--An appointment under subsection (a) 
     or (b) may not be given to an individual until the 
     individual's mental, moral, physical, and professional 
     fitness to perform the duties of an officer has been 
     established under such regulations as the Secretary shall 
     prescribe.
       ``(d) Order of Precedence.--Appointees under this section 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their commissions as 
     commissioned officers in such grade. The order of precedence 
     of appointees whose dates of commission are the same shall be 
     determined by the Secretary.
       ``(e) Inter-Service Transfers.--For inter-service transfers 
     (as described in Department of Defense Directive 1300.4 
     (dated December 27, 2006)) the Secretary shall--
       ``(1) coordinate with the Secretary of Defense and the 
     Secretary of the Department in which the Coast Guard is 
     operating to promote and streamline inter-service transfers;
       ``(2) give preference to such inter-service transfers for 
     recruitment purposes as determined appropriate by the 
     Secretary; and
       ``(3) reappoint such inter-service transfers to the 
     equivalent grade in the commissioned officer corps.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 221 and inserting the following:

``Sec. 221. Original appointments and reappointments.''.

     SEC. 1732. PERSONNEL BOARDS.

       Section 222 (33 U.S.C. 3022) is amended to read as follows:

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.
       ``(b) Membership.--
       ``(1) In general.--A board convened under subsection (a) 
     shall consist of five or more officers who are serving in or 
     above the permanent grade of the officers under consideration 
     by the board.
       ``(2) Retired officers.--Officers on the retired list may 
     be recalled to serve on such personnel boards as the 
     Secretary considers necessary.
       ``(3) No membership on 2 successive boards.--No officer may 
     be a member of two successive personnel boards convened to 
     consider officers of the same grade for promotion or 
     separation.
       ``(c) Duties.--Each personnel board shall--
       ``(1) recommend to the Secretary such changes as may be 
     necessary to correct any erroneous position on the lineal 
     list that was caused by administrative error; and
       ``(2) make selections and recommendations to the Secretary 
     and the President for the appointment, promotion, involuntary 
     separation, continuation, and involuntary retirement of 
     officers in the commissioned officer corps of the 
     Administration as prescribed in this title.
       ``(d) Action on Recommendations Not Acceptable.--If any 
     recommendation by a board convened under subsection (a) is 
     not accepted by the Secretary or the President, the board 
     shall make such further recommendations as the Secretary or 
     the President considers appropriate.
       ``(e) Authority for Officers to Opt Out of Promotion 
     Consideration.--
       ``(1) In general.--The Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps may 
     provide that an officer, upon the officer's request and with 
     the approval of the Director, be excluded from consideration 
     for promotion by a personnel board convened under this 
     section.
       ``(2) Approval.--The Director shall approve a request made 
     by an officer under paragraph (1) only if--
       ``(A) the basis for the request is to allow the officer to 
     complete a broadening assignment, advanced education, another 
     assignment of significant value to the Administration, a 
     career progression requirement delayed by the assignment or 
     education, or a qualifying personal or professional 
     circumstance, as determined by the Director;
       ``(B) the Director determines the exclusion from 
     consideration is in the best interest of the Administration; 
     and
       ``(C) the officer has not previously failed selection for 
     promotion to the grade for which the officer requests the 
     exclusion from consideration.''.

     SEC. 1733. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

       Section 228 (33 U.S.C. 3028) is amended--
       (1) in subsection (c)--
       (A) in the first sentence, by striking ``The Secretary 
     shall designate one position under this section'' and 
     inserting ``The President shall designate one position''; and
       (B) in the second sentence, by striking ``That position 
     shall be filled by'' and inserting ``The President shall fill 
     that position by appointing, by and with the advice and 
     consent of the Senate,'';
       (2) in subsection (d)(2), by inserting ``or immediately 
     beginning a period of terminal leave'' after ``for which a 
     higher grade is designated'';
       (3) by amending subsection (e) to read as follows:
       ``(e) Limit on Number of Officers Appointed.--The total 
     number of officers serving on active duty at any one time in 
     the grade of rear admiral (lower half) or above may not 
     exceed five, with only one serving in the grade of vice 
     admiral.''; and
       (4) in subsection (f), by inserting ``or in a period of 
     annual leave used at the end of the appointment'' after 
     ``serving in that grade''.

     SEC. 1734. TEMPORARY APPOINTMENTS.

       (a) In General.--Section 229 (33 U.S.C. 3029) is amended to 
     read as follows:

     ``SEC. 229. TEMPORARY APPOINTMENTS.

       ``(a) Appointments by President.--Temporary appointments in 
     the grade of ensign, lieutenant junior grade, or lieutenant 
     may be made by the President.
       ``(b) Termination.--A temporary appointment to a position 
     under subsection (a) shall terminate upon approval of a 
     permanent appointment for such position made by the 
     President.
       ``(c) Order of Precedence.--Appointees under subsection (a) 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their appointments as officers 
     in such grade. The order of precedence of appointees who are 
     appointed on the same date shall be determined by the 
     Secretary.
       ``(d) Any One Grade.--When determined by the Secretary to 
     be in the best interest of the commissioned officer corps, 
     officers in any permanent grade may be temporarily promoted 
     one grade by the President. Any such temporary promotion 
     terminates upon the transfer of the officer to a new 
     assignment.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 229 and inserting the following:

``Sec. 229. Temporary appointments.''.

     SEC. 1735. OFFICER CANDIDATES.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 234. OFFICER CANDIDATES.

       ``(a) Determination of Number.--The Secretary shall 
     determine the number of appointments of officer candidates.
       ``(b) Appointment.--Appointment of officer candidates shall 
     be made under regulations, which the Secretary shall 
     prescribe, including regulations with respect to determining 
     age limits, methods of selection of officer candidates, term 
     of service as an officer candidate before graduation from the 
     basic officer training program of the Administration, and all 
     other matters affecting such appointment.

[[Page S4052]]

       ``(c) Dismissal.--The Secretary may dismiss from the basic 
     officer training program of the Administration any officer 
     candidate who, during the officer candidate's term as an 
     officer candidate, the Secretary considers unsatisfactory in 
     either academics or conduct, or not adapted for a career in 
     the commissioned officer corps of the Administration. Officer 
     candidates shall be subject to rules governing discipline 
     prescribed by the Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps.
       ``(d) Agreement.--
       ``(1) In general.--Each officer candidate shall sign an 
     agreement with the Secretary in accordance with section 
     216(a)(2) regarding the officer candidate's term of service 
     in the commissioned officer corps of the Administration.
       ``(2) Elements.--An agreement signed by an officer 
     candidate under paragraph (1) shall provide that the officer 
     candidate agrees to the following:
       ``(A) That the officer candidate will complete the course 
     of instruction at the basic officer training program of the 
     Administration.
       ``(B) That upon graduation from such program, the officer 
     candidate--
       ``(i) will accept an appointment, if tendered, as an 
     officer; and
       ``(ii) will serve on active duty for at least four years 
     immediately after such appointment.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include--
       ``(1) standards for determining what constitutes a breach 
     of an agreement signed under subsection (d)(1); and
       ``(2) procedures for determining whether such a breach has 
     occurred.
       ``(f) Repayment.--An officer candidate or former officer 
     candidate who does not fulfill the terms of the obligation to 
     serve as specified under subsection (d) shall be subject to 
     the repayment provisions of section 216(b).''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 233 the following:

``Sec. 234. Officer candidates.''.
       (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 
     3002(b)) is amended--
       (1) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Officer candidate.--The term `officer candidate' 
     means an individual who is enrolled in the basic officer 
     training program of the Administration and is under 
     consideration for appointment as an officer under section 
     221(a)(2)(A).''.
       (d) Pay for Officer Candidates.--Section 203 of title 37, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f)(1) An officer candidate enrolled in the basic officer 
     training program of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration is entitled, 
     while participating in such program, to monthly officer 
     candidate pay at monthly rates equal to the basic pay of an 
     enlisted member in the pay grade E-5 with less than two years 
     of service.
       ``(2) An individual who graduates from such program shall 
     receive credit for the time spent participating in such 
     program as if such time were time served while on active duty 
     as a commissioned officer. If the individual does not 
     graduate from such program, such time shall not be considered 
     creditable for active duty or pay.''.

     SEC. 1736. PROCUREMENT OF PERSONNEL.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 1735(a), is further amended by adding at 
     the end the following:

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

       ``The Secretary may make such expenditures as the Secretary 
     considers necessary in order to obtain recruits for the 
     commissioned officer corps of the Administration, including 
     advertising.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1735(b), is 
     further amended by inserting after the item relating to 
     section 234 the following:

``235. Procurement of personnel.''.

     SEC. 1737. CAREER INTERMISSION PROGRAM.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 1736(a), is further amended by adding at 
     the end the following:

     ``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF 
                   OFFICERS.

       ``(a) Programs Authorized.--The Secretary may carry out a 
     program under which officers may be inactivated from active 
     duty in order to meet personal or professional needs and 
     returned to active duty at the end of such period of 
     inactivation from active duty.
       ``(b) Period of Inactivation From Active Duty; Effect of 
     Inactivation.--
       ``(1) In general.--The period of inactivation from active 
     duty under a program under this section of an officer 
     participating in the program shall be such period as the 
     Secretary shall specify in the agreement of the officer under 
     subsection (c), except that such period may not exceed three 
     years.
       ``(2) Exclusion from retirement.--Any period of 
     participation of an officer in a program under this section 
     shall not count toward eligibility for retirement or 
     computation of retired pay under subtitle C.
       ``(c) Agreement.--Each officer who participates in a 
     program under this section shall enter into a written 
     agreement with the Secretary under which that officer shall 
     agree as follows:
       ``(1) To undergo during the period of the inactivation of 
     the officer from active duty under the program such inactive 
     duty training as the Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps shall 
     require in order to ensure that the officer retains 
     proficiency, at a level determined by the Director to be 
     sufficient, in the technical skills, professional 
     qualifications, and physical readiness of the officer during 
     the inactivation of the officer from active duty.
       ``(2) Following completion of the period of the 
     inactivation of the officer from active duty under the 
     program, to serve two months on active duty for each month of 
     the period of the inactivation of the officer from active 
     duty under the program.
       ``(d) Conditions of Release.--The Secretary shall--
       ``(1) prescribe regulations specifying the guidelines 
     regarding the conditions of release that must be considered 
     and addressed in the agreement required by subsection (c); 
     and
       ``(2) at a minimum, prescribe the procedures and standards 
     to be used to instruct an officer on the obligations to be 
     assumed by the officer under paragraph (1) of such subsection 
     while the officer is released from active duty.
       ``(e) Order to Active Duty.--Under regulations prescribed 
     by the Secretary, an officer participating in a program under 
     this section may, in the discretion of the Secretary, be 
     required to terminate participation in the program and be 
     ordered to active duty.
       ``(f) Pay and Allowances.--
       ``(1) Basic pay.--During each month of participation in a 
     program under this section, an officer who participates in 
     the program shall be paid basic pay in an amount equal to 
     two-thirtieths of the amount of monthly basic pay to which 
     the officer would otherwise be entitled under section 204 of 
     title 37, United States Code, as a member of the uniformed 
     services on active duty in the grade and years of service of 
     the officer when the officer commences participation in the 
     program.
       ``(2) Special or incentive pay or bonus.--
       ``(A) Prohibition.--An officer who participates in a 
     program under this section shall not, while participating in 
     the program, be paid any special or incentive pay or bonus to 
     which the officer is otherwise entitled under an agreement 
     under chapter 5 of title 37, United States Code, that is in 
     force when the officer commences participation in the 
     program.
       ``(B) Not treated as failure to perform services.--The 
     inactivation from active duty of an officer participating in 
     a program under this section shall not be treated as a 
     failure of the officer to perform any period of service 
     required of the officer in connection with an agreement for a 
     special or incentive pay or bonus under chapter 5 of title 
     37, United States Code, that is in force when the officer 
     commences participation in the program.
       ``(3) Return to active duty.--
       ``(A) Special or incentive pay or bonus.--Subject to 
     subparagraph (B), upon the return of an officer to active 
     duty after completion by the officer of participation in a 
     program under this section--
       ``(i) any agreement entered into by the officer under 
     chapter 5 of title 37, United States Code, for the payment of 
     a special or incentive pay or bonus that was in force when 
     the officer commenced participation in the program shall be 
     revived, with the term of such agreement after revival being 
     the period of the agreement remaining to run when the officer 
     commenced participation in the program; and
       ``(ii) any special or incentive pay or bonus shall be 
     payable to the officer in accordance with the terms of the 
     agreement concerned for the term specified in clause (i).
       ``(B) Limitation.--
       ``(i) In general.--Subparagraph (A) shall not apply to any 
     special or incentive pay or bonus otherwise covered by that 
     subparagraph with respect to an officer if, at the time of 
     the return of the officer to active duty as described in that 
     subparagraph--

       ``(I) such pay or bonus is no longer authorized by law; or
       ``(II) the officer does not satisfy eligibility criteria 
     for such pay or bonus as in effect at the time of the return 
     of the officer to active duty.

       ``(ii) Pay or bonus ceases being authorized.--Subparagraph 
     (A) shall cease to apply to any special or incentive pay or 
     bonus otherwise covered by that subparagraph with respect to 
     an officer if, during the term of the revived agreement of 
     the officer under subparagraph (A)(i), such pay or bonus 
     ceases being authorized by law.
       ``(C) Repayment.--An officer who is ineligible for payment 
     of a special or incentive pay or bonus otherwise covered by 
     this paragraph by reason of subparagraph (B)(i)(II) shall be 
     subject to the requirements for repayment of such pay or 
     bonus in accordance with the terms of the applicable 
     agreement

[[Page S4053]]

     of the officer under chapter 5 of title 37, United States 
     Code.
       ``(D) Required service is additional.--Any service required 
     of an officer under an agreement covered by this paragraph 
     after the officer returns to active duty as described in 
     subparagraph (A) shall be in addition to any service required 
     of the officer under an agreement under subsection (c).
       ``(4) Travel and transportation allowance.--
       ``(A) In general.--Subject to subparagraph (B), an officer 
     who participates in a program under this section is entitled, 
     while participating in the program, to the travel and 
     transportation allowances authorized by section 474 of title 
     37, United States Code, for--
       ``(i) travel performed from the residence of the officer, 
     at the time of release from active duty to participate in the 
     program, to the location in the United States designated by 
     the officer as the officer's residence during the period of 
     participation in the program; and
       ``(ii) travel performed to the residence of the officer 
     upon return to active duty at the end of the participation of 
     the officer in the program.
       ``(B) Single residence.--An allowance is payable under this 
     paragraph only with respect to travel of an officer to and 
     from a single residence.
       ``(5) Leave balance.--An officer who participates in a 
     program under this section is entitled to carry forward the 
     leave balance existing as of the day on which the officer 
     begins participation and accumulated in accordance with 
     section 701 of title 10, but not to exceed 60 days.
       ``(g) Promotion.--
       ``(1) In general.--An officer participating in a program 
     under this section shall not, while participating in the 
     program, be eligible for consideration for promotion under 
     subtitle B.
       ``(2) Return to service.--Upon the return of an officer to 
     active duty after completion by the officer of participation 
     in a program under this section--
       ``(A) the Secretary may adjust the date of rank of the 
     officer in such manner as the Secretary shall prescribe in 
     regulations for purposes of this section; and
       ``(B) the officer shall be eligible for consideration for 
     promotion when officers of the same competitive category, 
     grade, and seniority are eligible for consideration for 
     promotion.
       ``(h) Continued Entitlements.--An officer participating in 
     a program under this section shall, while participating in 
     the program, be treated as a member of the uniformed services 
     on active duty for a period of more than 30 days for purposes 
     of--
       ``(1) the entitlement of the officer and of the dependents 
     of the officer to medical and dental care under the 
     provisions of chapter 55 of title 10; and
       ``(2) retirement or separation for physical disability 
     under the provisions of subtitle C.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1736(b), is 
     further amended by inserting after the item relating to 
     section 235 the following:

``Sec. 236. Career flexibility to enhance retention of officers.''.

           Subtitle D--Separation and Retirement of Officers

     SEC. 1741. INVOLUNTARY RETIREMENT OR SEPARATION.

       Section 241 (33 U.S.C. 3041) is amended by adding at the 
     end the following:
       ``(d) Deferment of Retirement or Separation for Medical 
     Reasons.--
       ``(1) In general.--If the Secretary determines that the 
     evaluation of the medical condition of an officer requires 
     hospitalization or medical observation that cannot be 
     completed with confidence in a manner consistent with the 
     officer's well-being before the date on which the officer 
     would otherwise be required to retire or be separated under 
     this section, the Secretary may defer the retirement or 
     separation of the officer.
       ``(2) Consent required.--A deferment may only be made with 
     the written consent of the officer involved. If the officer 
     does not provide written consent to the deferment, the 
     officer shall be retired or separated as scheduled.
       ``(3) Limitation.--A deferment of retirement or separation 
     under this subsection may not extend for more than 30 days 
     after completion of the evaluation requiring hospitalization 
     or medical observation.''.

     SEC. 1742. SEPARATION PAY.

       Section 242 (33 U.S.C. 3042) is amended by adding at the 
     end the following:
       ``(d) Exception.--An officer discharged for twice failing 
     selection for promotion to the next higher grade is not 
     entitled to separation pay under this section if the 
     officer--
       ``(1) expresses a desire not to be selected for promotion; 
     or
       ``(2) requests removal from the list of selectees.''.

 Subtitle E--Sexual Harassment and Assault Prevention at the National 
                 Oceanic and Atmospheric Administration

     SEC. 1751. IMPROVEMENTS RELATING TO SEXUAL HARASSMENT AND 
                   ASSAULT PREVENTION AT THE NATIONAL OCEANIC AND 
                   ATMOSPHERIC ADMINISTRATION.

       (a) Anonymous Reporting.--Subtitle C of title XXXV of the 
     National Defense Authorization Act for Fiscal Year 2017 (33 
     U.S.C. 894 et seq.) is amended--
       (1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by 
     striking ``confidentially'' and inserting ``anonymously''; 
     and
       (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by 
     striking ``confidentially'' and inserting ``anonymously''.
       (b) Investigative Requirement.--Such subtitle is amended--
       (1) by redesignating sections 3546 and 3547 as sections 
     3548 and 3549, respectively; and
       (2) by inserting after section 3545 the following:

     ``SEC. 3546. INVESTIGATION REQUIREMENT.

       ``(a) Requirement to Investigate.--
       ``(1) In general.--The Secretary of Commerce, acting 
     through the Under Secretary for Oceans and Atmosphere, shall 
     ensure that each allegation of sexual harassment reported 
     under section 3541 and each allegation of sexual assault 
     reported under section 3542 is investigated thoroughly and 
     promptly.
       ``(2) Sense of congress on commencement of investigation.--
     It is the sense of Congress that the Secretary should ensure 
     that an investigation of an alleged sexual harassment 
     reported under section 3541 or sexual assault reported under 
     section 3542 commences not later than 48 hours after the time 
     at which the allegation was reported.
       ``(b) Notification of Delay.--In any case in which the time 
     between the reporting of an alleged sexual harassment or 
     sexual assault under section 3541 or 3542, respectively, and 
     commencement of an investigation of the allegation exceeds 48 
     hours, the Secretary shall notify the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Natural Resources of the House of Representatives of the 
     delay.

     ``SEC. 3547. CRIMINAL REFERRAL.

       ``If the Secretary of Commerce finds, pursuant to an 
     investigation under section 3546, evidence that a crime may 
     have been committed, the Secretary shall refer the matter to 
     the appropriate law enforcement authorities, including the 
     appropriate United States Attorney.''.
       (c) Clerical Amendment.--The table of contents in section 
     2(b) of such Act is amended by striking the items relating to 
     sections 3546 and 3547 and inserting the following new items:

``Sec. 3546. Investigation requirement.
``Sec. 3547. Criminal referral.
``Sec. 3548. Annual report on sexual assaults in the National Oceanic 
              and Atmospheric Administration.
``Sec. 3549. Sexual assault defined.''.

          Subtitle F--Environmental Sensitivity Index Products

     SEC. 1761. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS 
                   OF NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION FOR GREAT LAKES.

       (a) Update Required for Environmental Sensitivity Index 
     Products for Great Lakes.--Not later than 180 days after the 
     date of the enactment of this Act, the Under Secretary for 
     Oceans and Atmosphere shall commence updating the 
     environmental sensitivity index products of the National 
     Oceanic and Atmospheric Administration for each coastal area 
     of the Great Lakes.
       (b) Periodic Updates for Environmental Sensitivity Index 
     Products Generally.--Subject to the availability of 
     appropriations and the priorities set forth in subsection 
     (c), the Under Secretary shall--
       (1) periodically update the environmental sensitivity index 
     products of the Administration; and
       (2) endeavor to do so not less frequently than once every 7 
     years.
       (c) Priorities.--When prioritizing geographic areas to 
     update environmental sensitivity index products, the Under 
     Secretary shall consider--
       (1) the age of existing environmental sensitivity index 
     products for the areas;
       (2) the occurrence of extreme events, be it natural or man-
     made, which have significantly altered the shoreline or 
     ecosystem since the last update;
       (3) the natural variability of shoreline and coastal 
     environments; and
       (4) the volume of vessel traffic and general vulnerability 
     to spilled pollutants.
       (d) Environmental Sensitivity Index Product Defined.--In 
     this section, the term ``environmental sensitivity index 
     product'' means a map or similar tool that is utilized to 
     identify sensitive shoreline, coastal, or offshore resources 
     prior to an oil spill event in order to set baseline 
     priorities for protection and plan cleanup strategies, 
     typically including information relating to shoreline type, 
     biological resources, and human use resources.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Under Secretary $7,500,000 to carry out subsection (a).
       (2) Availability.--Amounts appropriated or otherwise made 
     available pursuant to paragraph (1) shall be available to the 
     Under Secretary for the purposes set forth in such paragraph 
     until expended.
                                 ______
                                 
  SA 2339. Mr. CRAMER submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction,

[[Page S4054]]

and for defense activities of the Department of Energy, to 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. ___. PLAN FOR USE OF COMMERCIAL SOLUTIONS FOR WIDEBAND 
                   SATELLITE COMMUNICATIONS ROAMING AND 
                   MULTIDOMAIN COMMAND AND CONTROL CAPABILITIES.

       No later than 180 days after enactment of this Act, the 
     Department of Defense shall submit to the congressional 
     defense committees a plan for integrating a digital ground 
     architecture that will utilize commercial innovations and 
     solutions to enable wideband satellite communications roaming 
     and multidomain command and control capabilities without 
     unnecessary additional investment in terminal hardware.
                                 ______
                                 
  SA 2340. Mr. MANCHIN (for himself, Ms. Murkowski, Mr. Heinrich, Mrs. 
Murray, Ms. Cantwell, and Mr. Cramer) submitted an amendment intended 
to be proposed to amendment SA 2301 proposed by Mr. Inhofe to the bill 
S. 4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of 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 2341. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
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 XXVII, add the following:

     SEC. 2703. PLAN TO FINISH REMEDIATION ACTIVITIES CONDUCTED BY 
                   THE SECRETARY OF THE ARMY IN UMATILLA, OREGON.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Army shall submit to Congress 
     a plan to finish remediation activities conducted by the 
     Secretary in Umatilla, Oregon, by not later than three years 
     after such date of enactment.
                                 ______
                                 
  SA 2342. Mr. UDALL (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 F of title XXXI, add the following:

     SEC. 3168. SENSE OF THE SENATE REGARDING URANIUM MINING AND 
                   NUCLEAR WEAPONS TESTING.

       It is the sense of the Senate that the United States should 
     compensate and recognize all of the miners, workers, 
     downwinders, and others suffering from the effects of uranium 
     mining and nuclear weapons testing carried out during the 
     Cold War.
                                 ______
                                 
  SA 2343. Mr. UDALL (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 F of title XXXI, add the following:

     SEC. 3168. EXTENDING RADIATION EXPOSURE COMPENSATION TRUST 
                   FUND.

       (a) In General.--Section 3(d) of the Radiation Exposure 
     Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is 
     amended--
       (1) by striking ``22 years'' and inserting ``24 years''; 
     and
       (2) by striking ``22-year'' and inserting ``24-year''.
       (b) Limitation on Claims.--Section 8(a) of such Act (Public 
     Law 101-426; 42 U.S.C. 2210 note) is amended by striking ``22 
     years'' and inserting ``24 years''.
                                 ______
                                 
  SA 2344. 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 XII, add the following:

     SEC. 1287. OUTREACH TO UNITED STATES DUAL-USE SECTORS 
                   RELATING TO PREVENTION OF INDUSTRIAL AND CYBER 
                   ESPIONAGE.

       The Director of the Federal Bureau of Investigation, in 
     coordination with the Under Secretary of Commerce for 
     International Trade, the Securities and Exchange Commission, 
     the Secretary of Homeland Security, the interagency working 
     group established by section 1746(a) of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92), 
     and the heads of such other agencies as the Director 
     considers appropriate, shall expand outreach to, and develop 
     educational materials and tools for, United States academics, 
     businesses, venture capitalists, and startups in sectors that 
     produce technology that has both military and civilian 
     applications, with respect to--
       (1) the potential risks associated with investors and 
     partners who reside in, or are subject to the jurisdiction 
     of, malign actors, including the Russian Federation, Iran, 
     and the People's Republic of China;
       (2) the role of the governments of malign actors, including 
     the Russian Federation, Iran, and the People's Republic of 
     China, in acquiring, directly or indirectly, technology 
     through programs such as the Thousand Talents Program and 
     Project 11 of the People's Republic of China;
       (3) steps that can be taken to prevent industrial and cyber 
     espionage; and
       (4) such other issues related to undue influence from 
     governments of malign actors, including the Russian 
     Federation, Iran, and the People's Republic of China, or 
     entities owned or controlled by such governments, as the 
     Director considers important.
                                 ______
                                 
  SA 2345. 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 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 2346. 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 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.

       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 2347. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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, insert the 
     following:

     SEC. 1656. SENSE OF CONGRESS ON SUPPORT FOR UNITED STATES 
                   URANIUM PRODUCERS.

       It is the sense of Congress that the Secretary of Defense 
     should provide support to producers of uranium in the United 
     States in light of the threat to national security posed by 
     uranium producers owned or controlled by foreign governments, 
     as identified in the report of the Department of Commerce on 
     its investigation into uranium production under section 232 
     of the Trade Expansion Act of 1962 (19 U.S.C. 1862).
                                 ______
                                 
  SA 2348. Mr. INHOFE submitted an amendment intended to be proposed to

[[Page S4055]]

amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. PARTICIPATION IN POLLUTANT BANKING AND WATER 
                   QUALITY TRADING PROGRAMS.

       (a) Authority to Participate.--The Secretary of a military 
     department, and the Secretary of Defense with respect to 
     matters concerning a Defense Agency, when engaged in an 
     authorized activity that may or will result in the discharge 
     of pollutants, may make payments to a pollutant banking 
     program or water quality trading program approved in 
     accordance with the Water Quality Trading Policy dated 
     January 13, 2003, set forth by the Office of Water of the 
     Environmental Protection Agency, or any successor 
     administrative guidance or regulation.
       (b) Treatment of Payments.--Payments made under subsection 
     (a) to a pollutant banking program or water quality trading 
     program may be treated as eligible project costs for military 
     construction.
       (c) Discharge of Pollutants Defined.--In this section, the 
     term ``discharge of pollutants'' has the meaning given that 
     term in section 502(12) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1362(12)) (commonly referred to as the 
     ``Clean Water Act'').
                                 ______
                                 
  SA 2349. Mr. KENNEDY (for himself, Ms. Baldwin, and Mr. Risch) 
submitted an amendment intended to be proposed to amendment SA 2301 
proposed by Mr. Inhofe to the bill S. 4049, to authorize appropriations 
for fiscal year 2021 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to 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.

       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.--
       ``(1) Definition.--In this section, the term `Department' 
     means the Department of Defense.
       ``(2) Establishment.--The Secretary of Defense shall 
     establish a pilot program to provide small business concerns 
     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) establish a phase during which additional funding may 
     be provided during the gap between a Phase I and Phase II 
     award--
       ``(i) which shall be limited to small business concerns 
     located in eligible States, as defined by the Defense 
     Established Program to Stimulate Competitive Research 
     (DEPSCoR); and
       ``(ii) under which the Department may provide SBIR and STTR 
     awards--

       ``(I) to provide funding for 12 to 24 months to continue 
     the development of technology;
       ``(II) of not more than $1,000,000, for each individual 
     award; and
       ``(III) of not more than $30,000,000, in the aggregate, per 
     year; and

       ``(C) carry out subparagraph (B) 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 eligible States, as 
     defined by the Defense Established Program to Stimulate 
     Competitive Research (DEPSCoR).''.
                                 ______
                                 
  SA 2350. Mr. HAWLEY submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 Joint Assault Bridge, strike the amount in the Senate 
     Authorized column and insert ``72,178''.
       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 ``3,651,740''.
                                 ______
                                 
  SA 2351. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. AMENDMENT TO SECTION 151 OF THE FOREIGN RELATIONS 
                   AUTHORIZATION ACT, FISCAL YEARS 1990 AND 1991 
                   TO ALLOW DANGER PAY FOR THE U.S. MARSHALS 
                   SERVICE.

       Section 151 of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (Public Law 101-246; 5 U.S.C. 5928 
     note) is amended--
       (1) by striking ``or'' after ``Drug Enforcement 
     Administration'' and inserting ``, the''; and
       (2) by inserting ``, or the United States Marshals 
     Service'' after ``Federal Bureau of Investigation''.
                                 ______
                                 
  SA 2352. Mr. HAWLEY (for himself, Mr. Scott of Florida, Mr. Cramer, 
Mr. Wicker, and Mrs. Hyde-Smith) submitted an amendment intended to be 
proposed to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of 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 377 and insert the following:

     SEC. 377. COMMISSION ON THE NAMING OF ASSETS OF THE 
                   DEPARTMENT OF DEFENSE THAT COMMEMORATE THE 
                   CONFEDERATE STATES OF AMERICA OR ANY PERSON WHO 
                   SERVED VOLUNTARILY WITH THE CONFEDERATE STATES 
                   OF AMERICA.

       (a) In General.--The Secretary of Defense shall establish a 
     commission relating to the assigning, modifying, keeping, or 
     removing of names, symbols, displays, monuments, and 
     paraphernalia of assets of the Department of Defense that 
     commemorate the Confederate States of America or any person 
     who served voluntarily with the Confederate States of America 
     (in this section referred to as the ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall be composed of eight 
     members, of whom--
       (A) two shall be appointed by the President;
       (B) two shall be appointed by the Secretary of Defense;
       (C) one shall be appointed by the Chairman of the Committee 
     on Armed Services of the Senate;
       (D) one shall be appointed by the Ranking Member of the 
     Committee on Armed Services of the Senate;
       (E) one shall be appointed by the Chairman of the Committee 
     on Armed Services of the House of Representatives; and
       (F) one shall be appointed by the Ranking Member of the 
     Committee on Armed Services of the House of Representatives.
       (2) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (c) Initial Meeting.--The Commission shall hold its initial 
     meeting on the date that is 60 days after the date of the 
     enactment of this Act.
       (d) Duties.--The Commission shall do the following:
       (1) Assess the cost of renaming or removing names, symbols, 
     displays, monuments, or paraphernalia on assets of the 
     Department of Defense that commemorate the Confederate States 
     of America or any person who served voluntarily with the 
     Confederate States of America.
       (2) Develop criteria to assess whether an existing name, 
     symbol, display, monument, or paraphernalia commemorates or 
     valorizes the Confederate States of America or any person who 
     served voluntarily with the Confederate States of America.
       (3) Develop criteria to assess whether the predominant 
     meaning now given by the local community to an existing name, 
     symbol, display, monument, or paraphernalia that commemorates 
     the Confederate States of America or any person who served 
     voluntarily with the Confederate States of America has 
     changed since the name, symbol, monument, display, or 
     paraphernalia first became associated with an asset of the 
     Department of Defense.
       (4) Nominate names, symbols, displays, monuments, or 
     paraphernalia to be potentially renamed or removed from 
     assets of the Department of Defense based on the criteria 
     developed under paragraphs (2) and (3).

[[Page S4056]]

       (5) Develop proposed procedures for renaming or removing 
     names, symbols, displays, monuments, or paraphernalia that 
     commemorate the Confederate States of America or any person 
     who served voluntarily with the Confederate States of America 
     that the Commission nominates as suitable candidates for 
     renaming or removal, as the case may be, if such procedures 
     do not already exist within directives, issuances, or 
     regulations issued by the Department of Defense.
       (6) Ensure that input from State and local stakeholders is 
     substantially reflected in the criteria developed under 
     paragraphs (2) and (3), nominations made under paragraph (4), 
     and procedures developed under paragraph (5), including by--
       (A) conducting public hearings on such criteria, 
     nominations, and procedures in the States that would be 
     affected by any renaming or removal; and
       (B) soliciting input on such criteria, nominations, and 
     procedures from the State entities, local government 
     entities, military families, veterans service organizations, 
     military service organizations, community organizations, and 
     other non-government entities that would be affected by any 
     renaming or removal.
       (e) Procedures.--
       (1) Hearings.--Not later than 14 days before a hearing to 
     be conducted under subsection (d)(6)(A), the Commission shall 
     publish on a website of the Department of Defense--
       (A) an announcement of such hearing; and
       (B) an agenda for the hearing and a list of materials 
     relevant to the topics to be discussed at the hearing.
       (2) Solicitation of input.--Not later than 60 days before 
     soliciting input under subsection (d)(6)(B) with respect to a 
     renaming or removal, the Commission shall provide notice to 
     State entities, local government entities, military families, 
     veterans service organizations, military service 
     organizations, community organizations, and other non-
     government entities that would be affected by the renaming or 
     removal to provide those individuals and entities time to 
     consider and comment on the criteria, nominations, and 
     procedures being developed under subsection (d).
       (f) Exemption for Grave Markers.--
       (1) In general.--Any renaming or removal proposed under 
     this section or conducted pursuant to this section shall not 
     apply to grave markers.
       (2) Grave markers defined.--For purposes of this 
     subsection, the term ``grave marker'' has the meaning given 
     that term by the Commission.
       (g) Briefings and Reports.--
       (1) Briefing.--Not later than October 1, 2021, the 
     Commission shall brief the Secretary of Defense and the 
     Committees on Armed Services of the Senate and the House of 
     Representatives detailing the progress of the Commission in 
     carrying out the requirements of the Commission under 
     subsection (d).
       (2) Briefing and report.--Not later than October 1, 2022, 
     the Commission shall brief and provide a written report to 
     the Secretary of Defense and the Committees on Armed Services 
     of the Senate and the House of Representatives detailing the 
     results of requirements of the Commission under subsection 
     (d), including the following:
       (A) A list of assets of the Department of Defense to be 
     renamed or removed.
       (B) The costs associated with the renaming or removal of 
     such assets.
       (C) A description of the criteria used to nominate such 
     assets for renaming or removal.
       (D) A description of the feedback received and incorporated 
     from State and local stakeholders pursuant to subsection 
     (d)(6), including a detailed explanation of any decision by 
     the Commission to overrule concerns raised by State or local 
     stakeholders when developing and issuing recommendations on 
     the criteria, nominations, and proposed procedures described 
     in paragraphs (2) through (5) of subsection (d).
       (h) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated $2,000,000 to carry out this section.
       (2) Offset.--The amount authorized to be appropriated by 
     this Act for fiscal year 2021 for Operation and Maintenance, 
     Army, sub activity group 434, other personnel support is 
     hereby reduced by $2,000,000.
       (i) Assets of the Department of Defense Defined.--In this 
     section, the term ``assets of the Department of Defense'' 
     includes any base, installation, street, building, facility, 
     aircraft, ship, plane, weapon, equipment, or any other 
     property owned or controlled by the Department of Defense.
                                 ______
                                 
  SA 2353. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 aircraft, to enable the Air 
     Force to carry out its long-range penetrating strike 
     capability.
       (b) Reports on B-1 Fleet Sustainment.--
       (1) Initial report.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     on the 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. The report shall include a cost benefit 
     analysis for bombers versus arsenal planes.
       (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 report is 
     submitted under such paragraph, 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).
       (c) Limitation.--None of the funds authorized to be 
     appropriated by this Act or any other Act for the Department 
     of Defense may be obligated or expended in support of the Air 
     Force Arsenal Plane program, and the Department may not 
     otherwise implement any such activity, until the report 
     required under subsection (b)(1) is submitted.
                                 ______
                                 
  SA 2354. 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 appropriate place, insert the following:

     SEC. ___. PROPERTY OF THE DEPARTMENT OF DEFENSE AND THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       Section 1361 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``If such property is property of or which has been or is 
     being manufactured or constructed for the Department of 
     Defense or the Department of Veterans Affairs, the maximum 
     fine under this section shall be twice the otherwise 
     applicable maximum fine under section 3571.''.
                                 ______
                                 
  SA 2355. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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.

       (a) Increase.--The amount authorized to be appropriated by 
     this Act for fiscal year 2021 for Aircraft Procurement, Army 
     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.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2021 for Operation and Maintenance, Air Force for 
     Other Combat Operations Support Programs is reduced by 
     $11,091,000.
                                 ______
                                 
  SA 2356. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
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:

[[Page S4057]]

  


  Subtitle H--Sanctions Relating to South China Sea and East China Sea

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``South China Sea and 
     East China Sea Sanctions Act of 2020''.

     SEC. 1292. DEFINITIONS.

       In this subtitle:
       (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) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Select Committee on Intelligence of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (4) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (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.
       (5) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (6) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) Person.--The term ``person'' means any individual or 
     entity.
       (9) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1293. POLICY OF THE UNITED STATES WITH RESPECT TO THE 
                   SOUTH CHINA SEA AND THE EAST CHINA SEA.

       It is the policy of the United States--
       (1) to support the principle that disputes between 
     countries should be resolved peacefully consistent with 
     international law;
       (2) to reaffirm its unwavering commitment and support for 
     allies and partners in the Asia-Pacific region, including 
     longstanding United States policy--
       (A) regarding Article V of the Mutual Defense Treaty, 
     signed at Washington, August 30, 1951 (3 UST 3947), between 
     the United States and the Philippines; and
       (B) that Article V of the Mutual Defense Assistance 
     Agreement, with Annexes, signed at Tokyo, March 8, 1954 (5 
     UST 661), between the United States and Japan, applies to the 
     Senkaku Islands, which are administered by Japan; and
       (3) to support the principle of freedom of navigation and 
     overflight and to continue to use the sea and airspace 
     wherever international law allows.

     SEC. 1294. SENSE OF CONGRESS WITH RESPECT TO THE SOUTH CHINA 
                   SEA AND THE EAST CHINA SEA.

       It is the sense of Congress that--
       (1) the United States--
       (A) opposes all claims in the maritime domains that impinge 
     on the rights, freedoms, and lawful use of the seas that 
     belong to all countries;
       (B) opposes unilateral actions by the government of any 
     country seeking to change the status quo in the South China 
     Sea through the use of coercion, intimidation, or military 
     force;
       (C) opposes actions by the government of any country to 
     interfere in any way in the free use of waters and airspace 
     in the South China Sea or East China Sea;
       (D) opposes actions by the government of any country to 
     prevent any other country from exercising its sovereign 
     rights to the resources of the exclusive economic zone and 
     continental shelf by making claims that have no support in 
     international law; and
       (E) upholds the principle that territorial and maritime 
     claims, including with respect to territorial waters or 
     territorial seas, must be derived from land features and 
     otherwise comport with international law;
       (2) the People's Republic of China should not continue to 
     pursue illegitimate claims and to militarize an area that is 
     essential to global security;
       (3) the United States should--
       (A) continue and expand freedom of navigation operations 
     and overflights;
       (B) reconsider the traditional policy of not taking a 
     position on individual claims; and
       (C) respond to provocations by the People's Republic of 
     China with commensurate actions that impose costs on any 
     attempts to undermine security in the region;
       (4) the Senkaku Islands are covered by Article V of the 
     Mutual Defense Assistance Agreement, with Annexes, signed at 
     Tokyo, March 8, 1954 (5 UST 661), between the United States 
     and Japan; and
       (5) the United States should firmly oppose any unilateral 
     actions by the People's Republic of China that seek to 
     undermine Japan's control of the Senkaku Islands.

     SEC. 1295. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

       (a) Initial Imposition of Sanctions.--On and after the date 
     that is 60 days after the date of the enactment of this Act, 
     the President shall impose the sanctions described in 
     subsection (b) with respect to--
       (1) any Chinese person that contributes to construction or 
     development projects, including land reclamation, island-
     making, lighthouse construction, building of base stations 
     for mobile communications services, building of electricity 
     and fuel supply facilities, or civil infrastructure projects, 
     in areas of the South China Sea contested by one or more 
     members of the Association of Southeast Asian Nations;
       (2) any Chinese person that is responsible for or complicit 
     in, or has engaged in, directly or indirectly, actions or 
     policies that threaten the peace, security, or stability of 
     areas of the South China Sea contested by one or more members 
     of the Association of Southeast Asian Nations or areas of the 
     East China Sea administered by Japan or the Republic of 
     Korea, including through the use of vessels and aircraft to 
     impose the sovereignty of the People's Republic of China in 
     those areas;
       (3) any Chinese person that engages, or attempts to engage, 
     in an activity or transaction that materially contributes to, 
     or poses a risk of materially contributing to, an activity 
     described in paragraph (1) or (2); and
       (4) any person that--
       (A) is owned or controlled by a person described in 
     paragraph (1), (2), or (3);
       (B) is acting for or on behalf of such a person; or
       (C) provides, or attempts to provide--
       (i) financial, material, technological, or other support to 
     a person described in paragraph (1), (2), or (3); or
       (ii) goods or services in support of an activity described 
     in paragraph (1), (2), or (3).
       (b) Sanctions Described.--
       (1) Blocking of property.--The President shall block and 
     prohibit, in accordance with the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.), all 
     transactions in all property and interests in property of any 
     person subject to 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.
       (2) Exclusion from united states.--The Secretary of State 
     shall deny a visa to, and the Secretary of Homeland Security 
     shall exclude from the United States, any person subject to 
     subsection (a) that is an alien.
       (3) Current visa revoked.--The issuing consular officer, 
     the Secretary of State, or the Secretary of Homeland Security 
     (or a designee of one of such Secretaries) shall revoke any 
     visa or other entry documentation issued to any person 
     subject to subsection (a) that is an alien, regardless of 
     when issued. The revocation shall take effect immediately and 
     shall automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.
       (c) Exceptions; Penalties.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission of an alien to the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success, June 26, 1947, and entered into 
     force, November 21, 1947, between the United Nations and the 
     United States.
       (3) Penalties.--The penalties provided for in 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 regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Additional Imposition of Sanctions.--
       (1) In general.--The President shall prohibit the opening, 
     and prohibit or impose strict conditions on the maintaining, 
     in the United States of a correspondent account or a payable-
     through account by a foreign financial institution that the 
     President determines knowingly, on or after the date that is 
     60 days after the date of the enactment of this Act, conducts 
     or facilitates a significant financial transaction for a 
     person subject to subsection (a) if the Director of National 
     Intelligence determines that the Government of the People's 
     Republic of China has--
       (A) declared an air defense identification zone over any 
     part of the South China Sea;
       (B) initiated reclamation work at another disputed location 
     in the South China Sea, such as at Scarborough Shoal;
       (C) seized control of Second Thomas Shoal;

[[Page S4058]]

       (D) deployed surface-to-air missiles to any of the 
     artificial islands the People's Republic of China has built 
     in the Spratly Island chain, including Fiery Cross, Mischief, 
     or Subi Reefs;
       (E) established territorial baselines around the Spratly 
     Island chain;
       (F) increased harassment of Philippine vessels; or
       (G) increased provocative actions against the Japanese 
     Coast Guard or Maritime Self-Defense Force or United States 
     forces in the East China Sea.
       (2) Report.--
       (A) In general.--The determination of the Director of 
     National Intelligence referred to in paragraph (1) shall be 
     submitted in a report to the President and the appropriate 
     congressional committees.
       (B) Form of report.--The report required by subparagraph 
     (A) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. 1296. DETERMINATIONS AND REPORT ON CHINESE COMPANIES 
                   ACTIVE IN THE SOUTH CHINA SEA AND THE EAST 
                   CHINA SEA.

       (a) In General.--The Secretary of State shall submit to the 
     appropriate congressional committees a report that identifies 
     each Chinese person the Secretary determines is engaged in 
     the activities described in section 1295(a).
       (b) Consideration.--In preparing the report required under 
     subsection (a), the Secretary shall make specific findings 
     with respect to whether each of the following persons is 
     involved in the activities described in section 1295(a):
       (1) CCCC Tianjin Dredging Co., Ltd.
       (2) CCCC Dredging (Group) Company, Ltd.
       (3) China Communications Construction Company (CCCC), Ltd.
       (4) China Petroleum Corporation (Sinopec Group).
       (5) China Mobile.
       (6) China Telecom.
       (7) China Southern Power Grid.
       (8) CNFC Guangzhou Harbor Engineering Company.
       (9) Zhanjiang South Project Construction Bureau.
       (10) Hubei Jiangtian Construction Group.
       (11) China Harbour Engineering Company (CHEC).
       (12) Guangdong Navigation Group (GNG) Ocean Shipping.
       (13) Shanghai Leading Energy Shipping.
       (14) China National Offshore Oil Corporation (CNOOC).
       (15) China Oilfield Services Limited (COSL).
       (16) China Precision Machinery Import/Export Corporation 
     (CPMIEC).
       (17) China Aerospace Science and Industry Corporation 
     (CASIC).
       (18) Aviation Industry Corporation of China (AVIC).
       (19) Shenyang Aircraft Corporation.
       (20) Shaanxi Aircraft Corporation.
       (21) China Ocean Shipping (Group) Company (COSCO).
       (22) China Southern Airlines.
       (23) Zhan Chaoying.
       (24) Sany Group.
       (25) Chinese persons affiliated with any of the entities 
     specified in paragraphs (1) through (24).
       (c) Submission and Form.--
       (1) Submission.--The report required by subsection (a) 
     shall be submitted not later than 60 days after the date of 
     the enactment of this Act and every 180 days thereafter until 
     the date that is 3 years after such date of enactment.
       (2) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary determines it is necessary for the 
     national security interests of the United States to do so.
       (3) Public availability.--The Secretary shall publish the 
     unclassified part of the report required by subsection (a) on 
     a publicly available website of the Department of State.

     SEC. 1297. PROHIBITION AGAINST DOCUMENTS PORTRAYING THE SOUTH 
                   CHINA SEA OR THE EAST CHINA SEA AS PART OF 
                   CHINA.

       The Government Publishing Office may not publish any map, 
     document, record, electronic resource, or other paper of the 
     United States (other than materials relating to hearings held 
     by committees of Congress or internal work product of a 
     Federal agency) portraying or otherwise indicating that it is 
     the position of the United States that the territory or 
     airspace in the South China Sea contested by one or more 
     members of the Association of Southeast Asian Nations or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea is part of the 
     territory or airspace of the People's Republic of China.

     SEC. 1298. PROHIBITION ON FACILITATING CERTAIN INVESTMENTS IN 
                   THE SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) In General.--No United States person may take any 
     action to approve, facilitate, finance, or guarantee any 
     investment, provide insurance, or underwriting in the South 
     China Sea or the East China Sea that involves any person with 
     respect to which sanctions are imposed under section 1295(a).
       (b) Enforcement.--The Secretary of the Treasury, in 
     consultation with the Secretary of State, is authorized to 
     take such actions, including the promulgation of such rules 
     and regulations, as may be necessary to carry out the 
     purposes of this section.
       (c) Penalties.--The penalties provided for in 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 regulations prescribed under this 
     section to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Exception.--Subsection (a) shall not apply with respect 
     to humanitarian assistance, disaster assistance, or emergency 
     food assistance.

     SEC. 1299. DEPARTMENT OF JUSTICE AFFIRMATION OF NON-
                   RECOGNITION OF ANNEXATION.

       In any matter before any United States court, upon request 
     of the court or any party to the matter, the Attorney General 
     shall affirm the United States policy of not recognizing the 
     de jure or de facto sovereignty of the People's Republic of 
     China over territory or airspace contested by one or more 
     members of the Association of Southeast Asian Nations in the 
     South China Sea or the territory or airspace of areas of the 
     East China Sea administered by Japan or the Republic of 
     Korea.

     SEC. 1299A. NON-RECOGNITION OF CHINESE SOVEREIGNTY OVER THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) United States Armed Forces.--The Secretary of Defense 
     may not take any action, including any movement of aircraft 
     or vessels that implies recognition of the sovereignty of the 
     People's Republic of China over territory or airspace 
     contested by one or more members of the Association of 
     Southeast Asian Nations in the South China Sea or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea.
       (b) United States Flagged Vessels.--No vessel that is 
     issued a certificate of documentation under chapter 121 of 
     title 46, United States Code, may take any action that 
     implies recognition of the sovereignty of the People's 
     Republic of China over territory or airspace contested by one 
     or more members of the Association of Southeast Asian Nations 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (c) United States Aircraft.--No aircraft operated by an air 
     carrier that holds an air carrier certificate issued under 
     chapter 411 of title 49, United States Code, may take any 
     action that implies recognition of the sovereignty of the 
     People's Republic of China over territory or airspace 
     contested by one or more members of the Association of 
     Southeast Asian Nations in the South China Sea or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea.

     SEC. 1299B. PROHIBITION ON CERTAIN ASSISTANCE TO COUNTRIES 
                   THAT RECOGNIZE CHINESE SOVEREIGNTY OVER THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) Prohibition.--Except as provided by subsection (c) or 
     (d), no amounts may be obligated or expended to provide 
     foreign assistance to the government of any country 
     identified in a report required by subsection (b).
       (b) Report Required.--
       (1) 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 3 years after such date of enactment, 
     the Secretary of State shall submit to the appropriate 
     congressional committees a report identifying each country 
     that the Secretary determines recognizes, after such date of 
     enactment, the sovereignty of the People's Republic of China 
     over territory or airspace contested by one or more members 
     of the Association of Southeast Asian Nations in the South 
     China Sea or the territory or airspace of areas of the East 
     China Sea administered by Japan or the Republic of Korea.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (3) Public availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     paragraph (1) on a publicly available website of the 
     Department of State.
       (c) Exception.--This section shall not apply with respect 
     to Taiwan, humanitarian assistance, disaster assistance, 
     emergency food assistance, or the Peace Corps.
       (d) Waiver.--The President may waive the application of 
     subsection (a) with respect to the government of a country if 
     the President determines that the waiver is in the national 
     interests of the United States.
                                 ______
                                 
  SA 2357. Mr. RUBIO (for himself, Mr. Scott of Florida, and Mr. 
Merkley) submitted an amendment intended to be proposed to amendment SA 
2301 proposed by Mr. Inhofe to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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 S4059]]

  


     SEC. ____. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS 
                   OF GULF OF MEXICO.

       Section 104(a) of the Gulf of Mexico Energy Security Act of 
     2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended, in 
     the matter preceding paragraph (1), by striking ``June 30, 
     2022'' and inserting ``June 30, 2032''.
                                 ______
                                 
  SA 2358. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. __. REPORT ON THE ACTIVITIES OF THE PEOPLE'S REPUBLIC OF 
                   CHINA IN THE WESTERN HEMISPHERE.

       (a) In General.--The Director of National Intelligence 
     shall submit to the appropriate committees of Congress a 
     report on the economic, trade, environmental, military, 
     security, and political activities of the People's Republic 
     of China in the Western Hemisphere, including direct 
     investment, development financing, loan deals, and state-
     owned enterprises in infrastructure and telecommunications 
     projects.
       (b) Element.--The report required by subsection (a) shall 
     include, but is not limited to, an assessment of the 
     activities of the People's Republic of China with respect to 
     the following projects:
       (1) The Port of Panama, Posorja Deepwater Port in Ecuador.
       (2) The Port of Paranagual in Brazil.
       (3) The China Harbor in the Bahamas.
       (4) The telecom infrastructure carried out by Chinese 
     companies, including Huawei and ZTE, in Colombia and Canada.
       (5) The construction of the building for the Ministry of 
     Foreign Affairs and Foreign Trade in Kingston, Jamaica.
       (6) The building of the Coca Codo Sinclair Dam in Ecuador.
       (7) The space-observation station in Argentina.
       (c) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 2359. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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, insert 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 and ethnic 
     composition of each Armed Force generally.
       (B) An identification of the current racial and ethnic 
     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--
       (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

[[Page S4060]]

     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 2360. 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. 1287. IMPOSITION OF SANCTIONS WITH RESPECT TO MILITARY 
                   COOPERATION BETWEEN KHALIFA HAFTAR AND PMC 
                   WAGNER IN LIBYA.

       (a) Findings.--Congress makes the following findings:
       (1) On September 20, 2018, the Department of State added 
     PMC Wagner to the list, maintained pursuant to section 231 of 
     the Countering America's Adversaries Through Sanctions Act 
     (22 U.S.C. 9525), of persons that are part of, or operate for 
     or on behalf of, the defense or intelligence sectors of the 
     Government of the Russian Federation.
       (2) The Commander of United States Africa Command, Stephen 
     Townsend, testified to the Committee on Armed Services of the 
     Senate on January 20, 2020, that Russian ``private military 
     companies (PMCs), such as the Wagner Group with strong links 
     to the Kremlin, are leading the fight for the self-styled 
     `Libyan National Army' against the UN-backed and U.S.-
     recognized Government of National Accord''.
       (3) On May 26, 2020, United States Africa Command stated 
     that the Government of the Russian Federation had deployed 
     military fighter aircraft to Libya in order to support 
     private military contractors sponsored by that Government and 
     operating on the ground in support of the Libyan National 
     Army, and assessed that the military actions of the Russian 
     Federation have prolonged the conflict in Libya and 
     exacerbated casualties and human suffering on both sides.
       (4) Commander Stephen Townsend stated on May 26, 2020, 
     ``For too long, Russia has denied the full extent of its 
     involvement in the ongoing Libya conflict. Well, there is no 
     denying it now. . . Neither the [Libyan National Army] nor 
     private military companies can arm, operate and sustain these 
     fighters without state support--support they are getting from 
     Russia. If Russia seizes basing on Libya's coast, the next 
     logical step is they deploy permanent long-range anti-access 
     area denial (A2D2) capabilities. If that day comes, it will 
     create very real security concerns on Europe's southern 
     flank.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     continued violations of the United Nations arms embargo on 
     Libya by actors including the Russian Federation, the United 
     Arab Emirates, Egypt, and Turkey are detrimental to peace and 
     stability in Libya.
       (c) Treatment of Military Cooperation as Sanctionable 
     Transaction.--For the purposes of section 231 of the 
     Countering America's Adversaries Through Sanctions Act (22 
     U.S.C. 9525), the military cooperation between Libyan 
     National Army leader Khalifa Haftar and PMC Wagner, with 
     direct support from military fighter aircraft provided by the 
     Government of the Russian Federation, shall be considered to 
     be a significant transaction described in that section.
       (d) 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 
     the sanctions described in paragraphs (8) and (9) of section 
     235(a) of that Act (22 U.S.C. 9529(a)) and 3 or more 
     additional sanctions described in that section with respect 
     to Khalifa Haftar and his immediate family members.
                                 ______
                                 
  SA 2361. Mr. MANCHIN (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 2301 proposed by Mr. 
Inhofe to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 2362. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. ___. INCREASE IN AUTHORIZATION FOR MILITARY CONSTRUCTION 
                   FOR CERTAIN CHILDCARE FACILITIES.

       The amount authorized to be appropriated by this Act for 
     fiscal year 2021 for military construction for the Army is 
     increased by $6,000,000, with the amount of such increase to 
     be used to construct childcare facilities for the 7th Special 
     Forces Group based in Crestview, Florida.
                                 ______
                                 
  SA 2363. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. ___. FOREIGN INFLUENCE TRANSPARENCY.

       (a) Limiting Exemption From Foreign Agent Registration 
     Requirement for Persons Engaging in Activities in Furtherance 
     of Certain Pursuits to Activities Not Promoting Political 
     Agenda of Foreign Governments.--
       (1) Limitation on exemption.--Section 3(e) of the Foreign 
     Agents Registration Act of 1938 (22 U.S.C. 613(e)) is amended 
     by striking the semicolon at the end and inserting the 
     following: ``, but only if the activities do not promote the 
     political agenda of a government of a foreign country;''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to activities carried out on or 
     after the date of the enactment of this Act.
       (b) Disclosures of Foreign Gifts.--
       (1) In general.--Section 117 of the Higher Education Act of 
     1965 (20 U.S.C. 1011f) is amended--
       (A) in subsection (a), by striking ``the value of which is 
     $250,000 or more, considered alone or in combination with all 
     other gifts from or contracts with'' and inserting ``the 
     value of which is $50,000 or more for such gift from or 
     contract with'';
       (B) in subsection (b)--
       (i) in paragraph (1), in the first sentence, by inserting 
     before the period at the end the following: ``, and the 
     content of each such contract''; and
       (ii) in paragraph (2), by inserting before the period the 
     following: ``, and the content of each such contract'';
       (C) in subsection (e), by inserting ``, including the 
     contents of any contracts,'' after ``reports''; and
       (D) in subsection (h)(3), by inserting before the semicolon 
     at the end the following: ``, or the fair market value of an 
     in-kind gift''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to gifts received or contracts 
     entered into, or other activities carried out, on or after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2364. Mr. RUBIO (for himself, Mr. Schumer, Mrs. Murray, Mr. 
Cassidy, Mr. Cotton, Mr. Cardin, Ms. Hirono, and Mr. Warner) submitted 
an amendment intended to be proposed to amendment SA 2301 proposed by 
Mr. Inhofe to the bill S. 4049, to authorize appropriations for fiscal 
year 2021 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to 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. ____. AIR AMERICA.

       (a) Findings.--Congress finds the following:
       (1) Air America, Incorporated (referred to in this section 
     as ``Air America'') and its related cover corporate entities 
     were wholly owned and controlled by the United States 
     Government and directed and managed by the Department of 
     Defense, the Department of State, and the Central 
     Intelligence Agency from 1950 to 1976.
       (2) Air America, a corporation owned by the Government of 
     the United States, constituted a ``Government corporation'', 
     as defined in section 103 of title 5, United States Code.
       (3) It is established that the employees of Air America and 
     the other entities described in paragraph (1) were Federal 
     employees.
       (4) The employees of Air America were retroactively 
     excluded from the definition of the term ``employee'' under 
     section 2105 of title 5, United States Code, on the basis of 
     an administrative policy change in paperwork requirements 
     implemented by the Office of Personnel Management 10 years 
     after the service of the employees had ended and, by 
     extension, were retroactively excluded from the definition of 
     the term ``employee'' under section 8331 of title 5, United 
     States Code, for retirement credit purposes.
       (5) The employees of Air America were paid as Federal 
     employees, with salaries subject to--

[[Page S4061]]

       (A) the General Schedule under subchapter III of chapter 53 
     of title 5, United States Code; and
       (B) the rates of basic pay payable to members of the Armed 
     Forces.
       (6) The service and sacrifice of the employees of Air 
     America included--
       (A) suffering a high rate of casualties in the course of 
     employment;
       (B) saving thousands of lives in search and rescue missions 
     for downed United States airmen and allied refugee 
     evacuations; and
       (C) lengthy periods of service in challenging circumstances 
     abroad.
       (b) Definitions.--In this section--
       (1) the term ``affiliated company'', with respect to Air 
     America, includes Air Asia Company Limited, CAT Incorporated, 
     Civil Air Transport Company Limited, and the Pacific Division 
     of Southern Air Transport; and
       (2) the term ``qualifying service'' means service that--
       (A) was performed by a United States citizen as an employee 
     of Air America or an affiliated company during the period 
     beginning on January 1, 1950 and ending on December 31, 1976; 
     and
       (B) is documented in the attorney-certified corporate 
     records of Air America or any affiliated company.
       (c) Treatment as Federal Employment.--Any period of 
     qualifying service--
       (1) is deemed to have been service of an employee (as 
     defined in section 2105 of title 5, United States Code) with 
     the Federal Government; and
       (2) shall be treated as creditable service by an employee 
     for purposes of subchapter III of chapter 83 of title 5, 
     United States Code.
       (d) Rights.--An individual who performed qualifying 
     service, or a survivor of such an individual, shall be 
     entitled to the rights, retroactive as applicable, provided 
     to employees and their survivors for creditable service under 
     the Civil Service Retirement System under subchapter III of 
     chapter 83 of title 5, United States Code, with respect to 
     that qualifying service.
       (e) Deduction, Contribution, and Deposit Requirements.--The 
     deposit of funds in the Treasury of the United States made by 
     Air America in the form of a lump-sum payment apportioned in 
     part to the Civil Service Disability & Retirement Fund in 
     1976 is deemed to satisfy the deduction, contribution, and 
     deposit requirements under section 8334 of title 5, United 
     States Code, with respect to all periods of qualifying 
     service.
       (f) Application Time Limit.--Section 8345(i)(2) of title 5, 
     United States Code, shall be applied with respect to the 
     death of an individual who performed qualifying service by 
     substituting ``2 years after the effective date under section 
     1085(g) of the National Defense Authorization Act for Fiscal 
     Year 2021'' for ``30 years after the death or other event 
     which gives rise to title to the benefit''.
       (g) Effective Date.--This section shall take effect on the 
     date that is 30 days after the date of enactment of this Act.
                                 ______
                                 
  SA 2365. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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 OF RULES OF ORIGIN RELATING TO 
                   GOVERNMENT PROCUREMENT FOR PHARMACEUTICAL 
                   PRODUCTS.

       (a) Trade Agreements.--Section 308(4)(B) of the Trade 
     Agreements Act of 1979 (19 U.S.C. 2518(4)(B)) is amended--
       (1) in clause (i), by striking ``instrumentality, or'' and 
     inserting ``instrumentality,'';
       (2) in clause (ii)--
       (A) by inserting ``, other than an active pharmaceutical 
     ingredient,'' after ``part of materials''; and
       (B) by striking the period at the end and inserting ``, 
     or''; and
       (3) by inserting before the period at the end the 
     following: ``(iii) in the case of an article which consists 
     of an active pharmaceutical ingredient, the pharmaceutical 
     ingredient is wholly the growth, product, or manufacture of 
     that country or instrumentality''.
       (b) Federal Acquisition Regulation.--Not later than 180 
     days after the date of the enactment of this Act, the 
     President shall prescribe regulations to update sections 
     52.225-5 and 25.003 of title 48, Code of Federal Regulations 
     (or successor regulations) to be consistent with rules of 
     origin determinations for active pharmaceutical ingredients 
     made under section 308(4)(B) of the Trade Agreements Act of 
     1979 (19 U.S.C. 2518(4)(B)), as amended by subsection (a).
                                 ______
                                 
  SA 2366. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
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
       (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 allocation 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 2367. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction,

[[Page S4062]]

and for defense activities of the Department of Energy, to 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. ___. INELIGIBILITY FOR FEDERAL FUNDS.

       (a) Definitions.--In this section:
       (1) Anarchist jurisdiction.--The term ``anarchist 
     jurisdiction'' means a State or political subdivision of a 
     State that has a statute, ordinance, policy, or practice in 
     effect that, despite ongoing danger to individuals or 
     property, allows any entity or official of the State or 
     political subdivision of the State to purposefully--
       (A) abdicate the reserved powers of the State or political 
     subdivision of the State, to be performed by non-governmental 
     actors in a manner that is detrimental to the health, safety, 
     and welfare of the citizens of the State or political 
     subdivision of the State; and
       (B) refuse to provide police, fire, or emergency medical 
     services to 1 or more individuals in the State or political 
     subdivision of the State as a consequence of an abdication 
     described in subparagraph (A).
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given the term ``Executive agency'' in section 
     105 of title 5, United States Code.
       (3) Federal financial assistance.--The term ``Federal 
     financial assistance'' has the meaning given the term in 
     section 7501 of title 31, United States Code.
       (4) Non-governmental actor.--The term ``non-governmental 
     actor''--
       (A) means an individual who--
       (i) is not an officer, employee, or contractor of a State 
     or political subdivision of a State; and
       (ii) attempts to circumvent the rule of law; and
       (B) does not include a nonprofit organization.
       (5) Reserved power.--The term ``reserved power'' means a 
     power--
       (A) reserved to a State under the Tenth Amendment to the 
     Constitution of the United States;
       (B) transferred by Congress to the District of Columbia or 
     any territory or possession of the United States; or
       (C) described in subparagraph (A) or (B) that is delegated 
     to a political subdivision of a State.
       (6) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Northern Mariana Islands, the United States 
     Virgin Islands, Guam, American Samoa, and any other territory 
     or possession of the United States.
       (b) Ineligibility.--For fiscal year 2021, and each fiscal 
     year thereafter, a State or political subdivision of a State 
     that is an anarchist jurisdiction at any time during a fiscal 
     year may not receive Federal financial assistance from an 
     executive agency during that fiscal year.
       (c) Returned Amounts.--If a State or political subdivision 
     of a State that is ineligible to receive Federal financial 
     assistance during a fiscal year under subsection (b) receives 
     Federal financial assistance during that fiscal year from an 
     executive agency, the head of the executive agency shall--
       (1) direct the State or political subdivision of the State 
     to immediately return the Federal financial assistance to the 
     executive agency; and
       (2) reallocate the Federal financial assistance returned 
     under paragraph (1) to States or political subdivisions of 
     States that are not anarchist jurisdictions.
                                 ______
                                 
  SA 2368. Mr. MORAN (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 2301 proposed by Mr. 
Inhofe to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
                       COMMISSIONED OFFICER CORPS

     SEC. 1701. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION COMMISSIONED OFFICER CORPS ACT 
                   OF 2002.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3001 et seq.).

                     Subtitle A--General Provisions

     SEC. 1711. STRENGTH AND DISTRIBUTION IN GRADE.

       Section 214 (33 U.S.C. 3004) is amended to read as follows:

     ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

       ``(a) Grades.--The commissioned grades in the commissioned 
     officer corps of the Administration are the following, in 
     relative rank with officers of the Navy:
       ``(1) Vice admiral.
       ``(2) Rear admiral.
       ``(3) Rear admiral (lower half).
       ``(4) Captain.
       ``(5) Commander.
       ``(6) Lieutenant commander.
       ``(7) Lieutenant.
       ``(8) Lieutenant (junior grade).
       ``(9) Ensign.
       ``(b) Grade Distribution.--The Secretary shall prescribe, 
     with respect to the distribution on the lineal list in grade, 
     the percentages applicable to the grades set forth in 
     subsection (a).
       ``(c) Annual Computation of Number in Grade.--
       ``(1) In general.--Not less frequently than once each year, 
     the Secretary shall make a computation to determine the 
     number of officers on the lineal list authorized to be 
     serving in each grade.
       ``(2) Method of computation.--The number in each grade 
     shall be computed by applying the applicable percentage to 
     the total number of such officers serving on active duty on 
     the date the computation is made.
       ``(3) Fractions.--If a final fraction occurs in computing 
     the authorized number of officers in a grade, the nearest 
     whole number shall be taken. If the fraction is one-half, the 
     next higher whole number shall be taken.
       ``(d) Temporary Increase in Numbers.--The total number of 
     officers authorized by law to be on the lineal list during a 
     fiscal year may be temporarily exceeded if the average number 
     on that list during that fiscal year does not exceed the 
     authorized number.
       ``(e) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228(a) and 
     officers recalled from retired status shall not be counted 
     when computing authorized strengths under subsection (c) and 
     shall not count against those strengths.
       ``(f) Preservation of Grade and Pay.--No officer may be 
     reduced in grade or pay or separated from the commissioned 
     officer corps of the Administration as the result of a 
     computation made to determine the authorized number of 
     officers in the various grades.''.

     SEC. 1712. RECALLED OFFICERS.

       (a) In General.--Section 215 (33 U.S.C. 3005) is amended to 
     read as follows:

     ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

       ``(a) In General.--The total number of authorized 
     commissioned officers on the lineal list of the commissioned 
     officer corps of the Administration shall not exceed 500.
       ``(b) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228 and 
     officers recalled from retired status or detailed to an 
     agency other than the Administration--
       ``(1) may not be counted in determining the total number of 
     authorized officers on the lineal list under this section; 
     and
       ``(2) may not count against such number.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 215 and inserting the following:

``Sec. 215. Number of authorized commissioned officers.''.

     SEC. 1713. OBLIGATED SERVICE REQUIREMENT.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

       ``(a) In General.--
       ``(1) Regulations.--The Secretary shall prescribe the 
     obligated service requirements for appointments, training, 
     promotions, separations, continuations, and retirements of 
     officers not otherwise covered by law.
       ``(2) Written agreements.--The Secretary and officers shall 
     enter into written agreements that describe the officers' 
     obligated service requirements prescribed under paragraph (1) 
     in return for such appointments, training, promotions, 
     separations, continuations, and retirements as the Secretary 
     considers appropriate.
       ``(b) Repayment for Failure to Satisfy Requirements.--
       ``(1) In general.--The Secretary may require an officer who 
     fails to meet the service requirements prescribed under 
     subsection (a)(1) to reimburse the Secretary in an amount 
     that bears the same ratio to the total costs of the training 
     provided to that officer by the Secretary as the unserved 
     portion of active duty bears to the total period of active 
     duty the officer agreed to serve.
       ``(2) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary under paragraph (1) is, for all 
     purposes, a debt owed to the United States.
       ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11 that is entered less than five years after the 
     termination of a written agreement entered into under 
     subsection (a)(2) does not discharge the individual signing 
     the agreement from a debt arising under such agreement.
       ``(c) Waiver or Suspension of Compliance.--The Secretary 
     may waive the service obligation of an officer who--
       ``(1) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that officer; or
       ``(2) is--
       ``(A) not physically qualified for appointment; and
       ``(B) determined to be unqualified for service in the 
     commissioned officer corps of the

[[Page S4063]]

     Administration because of a physical or medical condition 
     that was not the result of the officer's own misconduct or 
     grossly negligent conduct.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 215 the following:

``Sec. 216. Obligated service requirement.''.

     SEC. 1714. TRAINING AND PHYSICAL FITNESS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 1713(a), is further amended by adding at 
     the end the following:

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

       ``(a) Training.--The Secretary may take such measures as 
     may be necessary to ensure that officers are prepared to 
     carry out their duties in the commissioned officer corps of 
     the Administration and proficient in the skills necessary to 
     carry out such duties. Such measures may include the 
     following:
       ``(1) Carrying out training programs and correspondence 
     courses, including establishing and operating a basic officer 
     training program to provide initial indoctrination and 
     maritime vocational training for officer candidates as well 
     as refresher training, mid-career training, aviation 
     training, and such other training as the Secretary considers 
     necessary for officer development and proficiency.
       ``(2) Providing officers and officer candidates with 
     educational materials.
       ``(3) Acquiring such equipment as may be necessary for 
     training and instructional purposes.
       ``(b) Physical Fitness.--The Secretary shall ensure that 
     officers maintain a high physical state of readiness by 
     establishing standards of physical fitness for officers that 
     are substantially equivalent to those prescribed for officers 
     in the Coast Guard.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1713(b), is 
     further amended by inserting after the item relating to 
     section 216 the following:

``Sec. 217. Training and physical fitness.''.

     SEC. 1715. AVIATION ACCESSION TRAINING PROGRAMS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 1714(a), is further amended by adding at 
     the end the following:

     ``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Under Secretary of Commerce for Oceans and Atmosphere and the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Member of the program.--The term `member of the 
     program' means a student who is enrolled in the program.
       ``(3) Program.--The term `program' means an aviation 
     accession training program of the commissioned officer corps 
     of the Administration established pursuant to subsection (b).
       ``(b) Aviation Accession Training Programs.--
       ``(1) Establishment authorized.--The Administrator, under 
     regulations prescribed by the Secretary, shall establish and 
     maintain one or more aviation accession training programs for 
     the commissioned officer corps of the Administration at 
     institutions described in paragraph (2).
       ``(2) Institutions described.--An institution described in 
     this paragraph is an educational institution--
       ``(A) that requests to enter into an agreement with the 
     Administrator providing for the establishment of the program 
     at the institution;
       ``(B) that has, as a part of its curriculum, a four-year 
     baccalaureate program of professional flight and piloting 
     instruction that is accredited by the Aviation Accreditation 
     Board International;
       ``(C) that is located in a geographic area that--
       ``(i) experiences a wide variation in climate-related 
     activity, including frequent high winds, convective activity 
     (including tornadoes), periods of low visibility, heat, and 
     snow and ice episodes, to provide opportunities for pilots to 
     demonstrate skill in all weather conditions compatible with 
     future encounters during their service in the commissioned 
     officer corps; and
       ``(ii) has a climate that can accommodate both primary and 
     advanced flight training activity at least 75 percent of the 
     year; and
       ``(D) at which the Administrator determines that--
       ``(i) there will be at least one student enrolled in the 
     program; and
       ``(ii) the provisions of this section are otherwise 
     satisfied.
       ``(3) Limitations in connection with particular 
     institutions.--The program may not be established or 
     maintained at an institution unless--
       ``(A) the senior commissioned officer or employee of the 
     commissioned officer corps who is assigned as an advisor to 
     the program at that institution is given the academic rank of 
     adjunct professor; and
       ``(B) the institution fulfills the terms of its agreement 
     with the Administrator.
       ``(4) Membership in connection with status as student.--At 
     institutions at which the program is established, the 
     membership of students in the program shall be elective, as 
     provided by State law or the authorities of the institution 
     concerned.
       ``(c) Membership.--
       ``(1) Eligibility.--To be eligible for membership in the 
     program, an individual must--
       ``(A) be a student at an institution at which the program 
     is established;
       ``(B) be a citizen of the United States;
       ``(C) contract in writing, with the consent of a parent or 
     guardian if a minor, with the Administrator, to--
       ``(i) accept an appointment, if offered, as a commissioned 
     officer in the commissioned officer corps of the 
     Administration; and
       ``(ii) serve in the commissioned officer corps for not 
     fewer than four years;
       ``(D) enroll in--
       ``(i) a four-year baccalaureate program of professional 
     flight and piloting instruction; and
       ``(ii) other training or education, including basic officer 
     training, which is prescribed by the Administrator as meeting 
     the preliminary requirement for admission to the commissioned 
     officer corps; and
       ``(E) execute a certificate or take an oath relating to 
     morality and conduct in such form as the Administrator 
     prescribes.
       ``(2) Completion of program.--A member of the program may 
     be appointed as a regular officer in the commissioned officer 
     corps if the member meets all requirements for appointment as 
     such an officer.
       ``(d) Financial Assistance for Qualified Members.--
       ``(1) Expenses of course of instruction.--
       ``(A) In general.--In the case of a member of the program 
     who meets such qualifications as the Administrator 
     establishes for purposes of this subsection, the 
     Administrator may pay the expenses of the member in 
     connection with pursuit of a course of professional flight 
     and piloting instruction under the program, including 
     tuition, fees, educational materials such as books, training, 
     certifications, travel, and laboratory expenses.
       ``(B) Assistance after fourth academic year.--In the case 
     of a member of the program described in subparagraph (A) who 
     is enrolled in a course described in that subparagraph that 
     has been approved by the Administrator and requires more than 
     four academic years for completion, including elective 
     requirements of the program, assistance under this subsection 
     may also be provided during a fifth academic year or during a 
     combination of a part of a fifth academic year and summer 
     sessions.
       ``(2) Room and board.--In the case of a member eligible to 
     receive assistance under paragraph (1), the Administrator 
     may, in lieu of payment of all or part of such assistance, 
     pay the room and board expenses of the member, and other 
     educational expenses, of the educational institution 
     concerned.
       ``(3) Failure to complete program or accept commission.--A 
     member of the program who receives assistance under this 
     subsection and who does not complete the course of 
     instruction, or who completes the course but declines to 
     accept a commission in the commissioned officer corps when 
     offered, shall be subject to the repayment provisions of 
     subsection (e).
       ``(e) Repayment of Unearned Portion of Financial Assistance 
     When Conditions of Payment Not Met.--
       ``(1) In general.--A member of the program who receives or 
     benefits from assistance under subsection (d), and whose 
     receipt of or benefit from such assistance is subject to the 
     condition that the member fully satisfy the requirements of 
     subsection (c), shall repay to the United States an amount 
     equal to the assistance received or benefitted from if the 
     member fails to fully satisfy such requirements and may not 
     receive or benefit from any unpaid amounts of such assistance 
     after the member fails to satisfy such requirements, unless 
     the Administrator determines that the imposition of the 
     repayment requirement and the termination of payment of 
     unpaid amounts of such assistance with regard to the member 
     would be--
       ``(A) contrary to a personnel policy or management 
     objective;
       ``(B) against equity and good conscience; or
       ``(C) contrary to the best interests of the United States.
       ``(2) Regulations.--The Administrator may establish, by 
     regulations, procedures for determining the amount of the 
     repayment required under this subsection and the 
     circumstances under which an exception to repayment may be 
     granted. The Administrator may specify in the regulations the 
     conditions under which financial assistance to be paid to a 
     member of the program will not be made if the member no 
     longer satisfies the requirements in subsection (c) or 
     qualifications in subsection (d) for such assistance.
       ``(3) Obligation as debt to united states.--An obligation 
     to repay the United States under this subsection is, for all 
     purposes, a debt owed to the United States.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1714(b), is 
     further amended by inserting after the item relating to 
     section 217 the following:

``Sec. 218. Aviation accession training programs.''.

[[Page S4064]]

  


     SEC. 1716. RECRUITING MATERIALS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 1715(a), is further amended by adding at 
     the end the following:

     ``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

       ``The Secretary may use for public relations purposes of 
     the Department of Commerce any advertising materials 
     developed for use for recruitment and retention of personnel 
     for the commissioned officer corps of the Administration. Any 
     such use shall be under such conditions and subject to such 
     restrictions as the Secretary shall prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1715(b), is 
     further amended by inserting after the item relating to 
     section 218 the following:

``Sec. 219. Use of recruiting materials for public relations.''.

     SEC. 1717. TECHNICAL CORRECTION.

       Section 101(21)(C) of title 38, United States Code, is 
     amended by inserting ``in the commissioned officer corps'' 
     before ``of the National''.

                   Subtitle B--Parity and Recruitment

     SEC. 1721. EDUCATION LOANS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy one of the requirements specified in 
     subsection (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the commissioned officer corps of the 
     Administration; and
       ``(3) sign a written agreement to serve on active duty, or, 
     if on active duty, to remain on active duty for a period in 
     addition to any other incurred active duty obligation.
       ``(c) Academic and Professional Requirements.--One of the 
     following academic requirements must be satisfied for 
     purposes of determining the eligibility of an individual for 
     a loan repayment under this section:
       ``(1) The person is fully qualified in a profession that 
     the Secretary has determined to be necessary to meet 
     identified skill shortages in the commissioned officer corps.
       ``(2) The person is enrolled as a full-time student in the 
     final year of a course of study at an accredited educational 
     institution (as determined by the Secretary of Education) 
     leading to a degree in a profession that will meet identified 
     skill shortages in the commissioned officer corps.
       ``(d) Loan Repayments.--
       ``(1) In general.--Subject to the limits established under 
     paragraph (2), a loan repayment under this section may 
     consist of the payment of the principal, interest, and 
     related expenses of a loan obtained by a person described in 
     subsection (b).
       ``(2) Limitation on amount.--For each year of obligated 
     service that a person agrees to serve in an agreement 
     described in subsection (b)(3), the Secretary may pay not 
     more than the amount specified in section 2173(e)(2) of title 
     10, United States Code.
       ``(e) Active Duty Service Obligation.--
       ``(1) In general.--A person entering into an agreement 
     described in subsection (b)(3) incurs an active duty service 
     obligation.
       ``(2) Length of obligation determined under regulations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the length of the obligation under paragraph (1) shall be 
     determined under regulations prescribed by the Secretary.
       ``(B) Minimum obligation.--The regulations prescribed under 
     subparagraph (A) may not provide for a period of obligation 
     of less than one year for each maximum annual amount, or 
     portion thereof, paid on behalf of the person for qualified 
     loans.
       ``(3) Persons on active duty before entering into 
     agreement.--The active duty service obligation of persons on 
     active duty before entering into the agreement shall be 
     served after the conclusion of any other obligation incurred 
     under the agreement.
       ``(4) Concurrent completion of service obligations.--A 
     service obligation under this section may be completed 
     concurrently with a service obligation under section 216.
       ``(f) Effect of Failure To Complete Obligation.--
       ``(1) Alternative obligations.--An officer who is relieved 
     of the officer's active duty obligation under this section 
     before the completion of that obligation may be given any 
     alternative obligation, at the discretion of the Secretary.
       ``(2) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (b)(3), or the alternative obligation 
     imposed under paragraph (1), shall be subject to the 
     repayment provisions under section 216.
       ``(g) Rulemaking.--The Secretary shall prescribe 
     regulations to carry out this section, including--
       ``(1) standards for qualified loans and authorized payees; 
     and
       ``(2) other terms and conditions for the making of loan 
     repayments.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 266 the following:

``Sec. 267. Education loan repayment program.''.

     SEC. 1722. INTEREST PAYMENTS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 1721(a), is further amended by adding at 
     the end the following:

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

       ``(a) Authority.--The Secretary may pay the interest and 
     any special allowances that accrue on one or more student 
     loans of an eligible officer, in accordance with this 
     section.
       ``(b) Eligible Officers.--An officer is eligible for the 
     benefit described in subsection (a) while the officer--
       ``(1) is serving on active duty;
       ``(2) has not completed more than three years of service on 
     active duty;
       ``(3) is the debtor on one or more unpaid loans described 
     in subsection (c); and
       ``(4) is not in default on any such loan.
       ``(c) Student Loans.--The authority to make payments under 
     subsection (a) may be exercised with respect to the following 
     loans:
       ``(1) A loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.).
       ``(2) A loan made under part D of such title (20 U.S.C. 
     1087a et seq.).
       ``(3) A loan made under part E of such title (20 U.S.C. 
     1087aa et seq.).
       ``(d) Maximum Benefit.--Interest and any special allowance 
     may be paid on behalf of an officer under this section for 
     any of the 36 consecutive months during which the officer is 
     eligible under subsection (b).
       ``(e) Funds for Payments.--The Secretary may use amounts 
     appropriated for the pay and allowances of personnel of the 
     commissioned officer corps of the Administration for payments 
     under this section.
       ``(f) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Transfer of funds.--The Secretary shall transfer to 
     the Secretary of Education the funds necessary--
       ``(A) to pay interest and special allowances on student 
     loans under this section (in accordance with sections 428(o), 
     455(l), and 464(j) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
       ``(B) to reimburse the Secretary of Education for any 
     reasonable administrative costs incurred by the Secretary in 
     coordinating the program under this section with the 
     administration of the student loan programs under parts B, D, 
     and E of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
       ``(g) Special Allowance Defined.--In this section, the term 
     `special allowance' means a special allowance that is payable 
     under section 438 of the Higher Education Act of 1965 (20 
     U.S.C. 1087-1).''.
       (b) Conforming Amendments.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1721(b), is 
     further amended by inserting after the item relating to 
     section 267 the following:

``Sec. 268. Interest payment program.''.

[[Page S4065]]

  


     SEC. 1723. STUDENT PRE-COMMISSIONING PROGRAM.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 1722(a), is further amended by adding at 
     the end the following:

     ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
                   PROGRAM.

       ``(a) Authority To Provide Financial Assistance.--For the 
     purpose of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty, the Secretary may provide financial assistance to a 
     person described in subsection (b) for expenses of the person 
     while the person is pursuing on a full-time basis at an 
     accredited educational institution (as determined by the 
     Secretary of Education) a program of education approved by 
     the Secretary that leads to--
       ``(1) a baccalaureate degree in not more than five academic 
     years; or
       ``(2) a postbaccalaureate degree.
       ``(b) Eligible Persons.--
       ``(1) In general.--A person is eligible to obtain financial 
     assistance under subsection (a) if the person--
       ``(A) is enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any educational 
     institution described in such subsection;
       ``(B) meets all of the requirements for acceptance into the 
     commissioned officer corps of the Administration except for 
     the completion of a baccalaureate degree; and
       ``(C) enters into a written agreement with the Secretary 
     described in paragraph (2).
       ``(2) Agreement.--A written agreement referred to in 
     paragraph (1)(C) is an agreement between the person and the 
     Secretary in which the person--
       ``(A) agrees to accept an appointment as an officer, if 
     tendered; and
       ``(B) upon completion of the person's educational program, 
     agrees to serve on active duty, immediately after 
     appointment, for--
       ``(i) up to three years if the person received less than 
     three years of assistance; and
       ``(ii) up to five years if the person received at least 
     three years of assistance.
       ``(c) Qualifying Expenses.--Expenses for which financial 
     assistance may be provided under subsection (a) are the 
     following:
       ``(1) Tuition and fees charged by the educational 
     institution involved.
       ``(2) The cost of educational materials.
       ``(3) In the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses.
       ``(4) Such other expenses as the Secretary considers 
     appropriate.
       ``(d) Limitation on Amount.--The Secretary shall prescribe 
     the amount of financial assistance provided to a person under 
     subsection (a), which may not exceed the amount specified in 
     section 2173(e)(2) of title 10, United States Code, for each 
     year of obligated service that a person agrees to serve in an 
     agreement described in subsection (b)(2).
       ``(e) Duration of Assistance.--Financial assistance may be 
     provided to a person under subsection (a) for not more than 
     five consecutive academic years.
       ``(f) Subsistence Allowance.--
       ``(1) In general.--A person who receives financial 
     assistance under subsection (a) shall be entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     paragraph (2) for the duration of the period for which the 
     person receives such financial assistance.
       ``(2) Determination of amount.--The Secretary shall 
     prescribe monthly rates for subsistence allowance provided 
     under paragraph (1), which shall be equal to the amount 
     specified in section 2144(a) of title 10, United States Code.
       ``(g) Initial Clothing Allowance.--
       ``(1) Training.--The Secretary may prescribe a sum which 
     shall be credited to each person who receives financial 
     assistance under subsection (a) to cover the cost of the 
     person's initial clothing and equipment issue.
       ``(2) Appointment.--Upon completion of the program of 
     education for which a person receives financial assistance 
     under subsection (a) and acceptance of appointment in the 
     commissioned officer corps of the Administration, the person 
     may be issued a subsequent clothing allowance equivalent to 
     that normally provided to a newly appointed officer.
       ``(h) Termination of Financial Assistance.--
       ``(1) In general.--The Secretary shall terminate the 
     assistance provided to a person under this section if--
       ``(A) the Secretary accepts a request by the person to be 
     released from an agreement described in subsection (b)(2);
       ``(B) the misconduct of the person results in a failure to 
     complete the period of active duty required under the 
     agreement; or
       ``(C) the person fails to fulfill any term or condition of 
     the agreement.
       ``(2) Reimbursement.--The Secretary may require a person 
     who receives assistance described in subsection (c), (f), or 
     (g) under an agreement entered into under subsection 
     (b)(1)(C) to reimburse the Secretary in an amount that bears 
     the same ratio to the total costs of the assistance provided 
     to that person as the unserved portion of active duty bears 
     to the total period of active duty the officer agreed to 
     serve under the agreement.
       ``(3) Waiver.--The Secretary may waive the service 
     obligation of a person through an agreement entered into 
     under subsection (b)(1)(C) if the person--
       ``(A) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that person; or
       ``(B) is--
       ``(i) not physically qualified for appointment; and
       ``(ii) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     person's own misconduct or grossly negligent conduct.
       ``(4) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary imposed under paragraph (2) is, 
     for all purposes, a debt owed to the United States.
       ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11, United States Code, that is entered less than 
     five years after the termination of a written agreement 
     entered into under subsection (b)(1)(C) does not discharge 
     the person signing the agreement from a debt arising under 
     such agreement or under paragraph (2).
       ``(i) Regulations.--The Secretary may prescribe such 
     regulations and orders as the Secretary considers appropriate 
     to carry out this section.
       ``(j) Concurrent Completion of Service Obligations.--A 
     service obligation under this section may be completed 
     concurrently with a service obligation under section 216.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1722(c), is 
     further amended by inserting after the item relating to 
     section 268 the following:

``Sec. 269. Student pre-commissioning education assistance program.''.

     SEC. 1724. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with the 
     fiscal year in which this title is enacted, the Secretary of 
     Commerce shall ensure that the total amount expended by the 
     Secretary under section 267 of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (as added by section 1721(a)), section 268 of such Act 
     (as added by section 1722(a)), and section 269 of such Act 
     (as added by section 1723(a)) does not exceed the amount by 
     which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 1735(d)), if such 
     section entitled officer candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service, exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     paragraph (4) of section 212(b) of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (33 U.S.C. 3002), as added by section 1735(c).

     SEC. 1725. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 
                   UNITED STATES CODE, AND EXTENSION OF CERTAIN 
                   AUTHORITIES APPLICABLE TO MEMBERS OF THE ARMED 
                   FORCES TO COMMISSIONED OFFICER CORPS.

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (22) through (25), respectively;
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (14) through (19), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.
       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';
       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Section 1074n, relating to annual mental health 
     assessments.
       ``(12) Section 1090a, relating to referrals for mental 
     health evaluations.
       ``(13) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (19), as redesignated, the 
     following:
       ``(20) Subchapter I of chapter 88, relating to Military 
     Family Programs.
       ``(21) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their

[[Page S4066]]

     families.--Section 1588 of such title is amended--
       (A) in subsection (a)(3), in the matter before subparagraph 
     (A), by striking ``armed forces'' and inserting ``uniformed 
     services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA Corps and Their Families.--
     For purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration.''.
       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), in the matter before subparagraph 
     (A), by inserting ``or the Secretary of Commerce, as 
     applicable,'' after ``the Secretary of Defense''.

     SEC. 1726. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by inserting after section 261 the following:

     ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       ``(a) Provisions Made Applicable to Commissioned Officer 
     Corps.--The provisions of law applicable to the Armed Forces 
     under the following provisions of title 37, United States 
     Code, shall apply to the commissioned officer corps of the 
     Administration:
       ``(1) Section 324, relating to accession bonuses for new 
     officers in critical skills.
       ``(2) Section 403(f)(3), relating to prescribing 
     regulations defining the terms `field duty' and `sea duty'.
       ``(3) Section 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(4) Section 415, relating to initial uniform allowances.
       ``(5) Section 488, relating to allowances for recruiting 
     expenses.
       ``(6) Section 495, relating to allowances for funeral 
     honors duty.
       ``(b) References.--The authority vested by title 37, United 
     States Code, in the `military departments', `the Secretary 
     concerned', or `the Secretary of Defense' with respect to the 
     provisions of law referred to in subsection (a) shall be 
     exercised, with respect to the commissioned officer corps of 
     the Administration, by the Secretary of Commerce or the 
     Secretary's designee.''.
       (b) Personal Money Allowance.--Section 414(a)(2) of title 
     37, United States Code, is amended by inserting ``or the 
     director of the commissioned officer corps of the National 
     Oceanic and Atmospheric Administration'' after ``Health 
     Service''.
       (c) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

``Sec. 261A. Applicability of certain provisions of title 37, United 
              States Code.''.

     SEC. 1727. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

       (a) In General.--Subsection (a) of section 261 (33 U.S.C. 
     3071), as amended by section 1725(a), is further amended--
       (1) by redesignating paragraphs (8) through (25) as 
     paragraphs (9) through (26), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by adding at the end the following: ``For purposes 
     of paragraph (8) of subsection (a), the term `Inspector 
     General' in section 1034 of such title 10 shall mean the 
     Inspector General of the Department of Commerce.''.
       (c) Regulations.--Such section is further amended by adding 
     at the end the following:
       ``(c) Regulations Regarding Protected Communications and 
     Prohibition of Retaliatory Personnel Actions.--The Secretary 
     may prescribe regulations to carry out the application of 
     section 1034 of title 10, United States Code, to the 
     commissioned officer corps of the Administration, including 
     by prescribing such administrative procedures for 
     investigation and appeal within the commissioned officer 
     corps as the Secretary considers appropriate.''.

     SEC. 1728. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
                   SERVICE LAW.

       Section 3304(f) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces'';
       (2) in paragraph (2), by striking ``or veteran'' and 
     inserting ``, veteran, or member''; and
       (3) in paragraph (4), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces''.

     SEC. 1729. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

       Section 4303(16) of title 38, United States Code, is 
     amended by inserting ``the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration,'' after 
     ``Public Health Service,''.

     SEC. 1730. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by this title, is further amended by adding at the 
     end the following:

     ``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS AS EMPLOYMENT IN ADMINISTRATION FOR 
                   PURPOSES OF CERTAIN HIRING DECISIONS.

       ``(a) In General.--In any case in which the Secretary 
     accepts an application for a position of employment with the 
     Administration and limits consideration of applications for 
     such position to applications submitted by individuals 
     serving in a career or career-conditional position in the 
     competitive service within the Administration, the Secretary 
     shall deem an officer who has served as an officer in the 
     commissioned officer corps for at least three years to be 
     serving in a career or career-conditional position in the 
     competitive service within the Administration for purposes of 
     such limitation.
       ``(b) Career Appointments.--If the Secretary selects an 
     application submitted by an officer described in subsection 
     (a) for a position described in such subsection, the 
     Secretary shall give such officer a career or career-
     conditional appointment in the competitive service, as 
     appropriate.
       ``(c) Competitive Service Defined.--In this section, the 
     term `competitive service' has the meaning given the term in 
     section 2102 of title 5, United States Code.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 269, as added by section 1723(b), the 
     following new item:

``Sec. 269A. Treatment of commission in commissioned officer corps as 
              employment in Administration for purposes of certain 
              hiring decisions.''.

           Subtitle C--Appointments and Promotion of Officers

     SEC. 1731. APPOINTMENTS.

       (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is 
     amended to read as follows:

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

       ``(a) Original Appointments.--
       ``(1) Grades.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an original appointment of an officer may be made in such 
     grades as may be appropriate for--
       ``(i) the qualification, experience, and length of service 
     of the appointee; and
       ``(ii) the commissioned officer corps of the 
     Administration.
       ``(B) Appointment of officer candidates.--
       ``(i) Limitation on grade.--An original appointment of an 
     officer candidate, upon graduation from the basic officer 
     training program of the commissioned officer corps of the 
     Administration, may not be made in any other grade than 
     ensign.
       ``(ii) Rank.--Officer candidates receiving appointments as 
     ensigns upon graduation from the basic officer training 
     program shall take rank according to their proficiency as 
     shown by the order of their merit at date of graduation.
       ``(2) Source of appointments.--An original appointment may 
     be made from among the following:
       ``(A) Graduates of the basic officer training program of 
     the commissioned officer corps of the Administration.
       ``(B) Graduates of the military service academies of the 
     United States who otherwise meet the academic standards for 
     enrollment in the training program described in subparagraph 
     (A).
       ``(C) Graduates of the maritime academies of the States 
     who--
       ``(i) otherwise meet the academic standards for enrollment 
     in the training program described in subparagraph (A);
       ``(ii) completed at least three years of regimented 
     training while at a maritime academy of a State; and
       ``(iii) obtained an unlimited tonnage or unlimited 
     horsepower Merchant Mariner Credential from the United States 
     Coast Guard.
       ``(D) Licensed officers of the United States merchant 
     marine who have served two or more years aboard a vessel of 
     the United States in the capacity of a licensed officer, who 
     otherwise meet the academic standards for enrollment in the 
     training program described in subparagraph (A).
       ``(3) Definitions.--In this subsection:
       ``(A) Maritime academies of the states.--The term `maritime 
     academies of the States' means the following:

[[Page S4067]]

       ``(i) California Maritime Academy, Vallejo, California.
       ``(ii) Great Lakes Maritime Academy, Traverse City, 
     Michigan.
       ``(iii) Maine Maritime Academy, Castine, Maine.
       ``(iv) Massachusetts Maritime Academy, Buzzards Bay, 
     Massachusetts.
       ``(v) State University of New York Maritime College, Fort 
     Schuyler, New York.
       ``(vi) Texas A&M Maritime Academy, Galveston, Texas.
       ``(B) Military service academies of the united states.--The 
     term `military service academies of the United States' means 
     the following:
       ``(i) The United States Military Academy, West Point, New 
     York.
       ``(ii) The United States Naval Academy, Annapolis, 
     Maryland.
       ``(iii) The United States Air Force Academy, Colorado 
     Springs, Colorado.
       ``(iv) The United States Coast Guard Academy, New London, 
     Connecticut.
       ``(v) The United States Merchant Marine Academy, Kings 
     Point, New York.
       ``(b) Reappointment.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual who previously served in the commissioned officer 
     corps of the Administration may be appointed by the Secretary 
     to the grade the individual held prior to separation.
       ``(2) Reappointments to higher grades.--An appointment 
     under paragraph (1) to a position of importance and 
     responsibility designated under section 228 may only be made 
     by the President.
       ``(c) Qualifications.--An appointment under subsection (a) 
     or (b) may not be given to an individual until the 
     individual's mental, moral, physical, and professional 
     fitness to perform the duties of an officer has been 
     established under such regulations as the Secretary shall 
     prescribe.
       ``(d) Order of Precedence.--Appointees under this section 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their commissions as 
     commissioned officers in such grade. The order of precedence 
     of appointees whose dates of commission are the same shall be 
     determined by the Secretary.
       ``(e) Inter-Service Transfers.--For inter-service transfers 
     (as described in Department of Defense Directive 1300.4 
     (dated December 27, 2006)) the Secretary shall--
       ``(1) coordinate with the Secretary of Defense and the 
     Secretary of the Department in which the Coast Guard is 
     operating to promote and streamline inter-service transfers;
       ``(2) give preference to such inter-service transfers for 
     recruitment purposes as determined appropriate by the 
     Secretary; and
       ``(3) reappoint such inter-service transfers to the 
     equivalent grade in the commissioned officer corps.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 221 and inserting the following:

``Sec. 221. Original appointments and reappointments.''.

     SEC. 1732. PERSONNEL BOARDS.

       Section 222 (33 U.S.C. 3022) is amended to read as follows:

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.
       ``(b) Membership.--
       ``(1) In general.--A board convened under subsection (a) 
     shall consist of five or more officers who are serving in or 
     above the permanent grade of the officers under consideration 
     by the board.
       ``(2) Retired officers.--Officers on the retired list may 
     be recalled to serve on such personnel boards as the 
     Secretary considers necessary.
       ``(3) No membership on 2 successive boards.--No officer may 
     be a member of two successive personnel boards convened to 
     consider officers of the same grade for promotion or 
     separation.
       ``(c) Duties.--Each personnel board shall--
       ``(1) recommend to the Secretary such changes as may be 
     necessary to correct any erroneous position on the lineal 
     list that was caused by administrative error; and
       ``(2) make selections and recommendations to the Secretary 
     and the President for the appointment, promotion, involuntary 
     separation, continuation, and involuntary retirement of 
     officers in the commissioned officer corps of the 
     Administration as prescribed in this title.
       ``(d) Action on Recommendations Not Acceptable.--If any 
     recommendation by a board convened under subsection (a) is 
     not accepted by the Secretary or the President, the board 
     shall make such further recommendations as the Secretary or 
     the President considers appropriate.
       ``(e) Authority for Officers to Opt Out of Promotion 
     Consideration.--
       ``(1) In general.--The Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps may 
     provide that an officer, upon the officer's request and with 
     the approval of the Director, be excluded from consideration 
     for promotion by a personnel board convened under this 
     section.
       ``(2) Approval.--The Director shall approve a request made 
     by an officer under paragraph (1) only if--
       ``(A) the basis for the request is to allow the officer to 
     complete a broadening assignment, advanced education, another 
     assignment of significant value to the Administration, a 
     career progression requirement delayed by the assignment or 
     education, or a qualifying personal or professional 
     circumstance, as determined by the Director;
       ``(B) the Director determines the exclusion from 
     consideration is in the best interest of the Administration; 
     and
       ``(C) the officer has not previously failed selection for 
     promotion to the grade for which the officer requests the 
     exclusion from consideration.''.

     SEC. 1733. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

       Section 228 (33 U.S.C. 3028) is amended--
       (1) in subsection (c)--
       (A) in the first sentence, by striking ``The Secretary 
     shall designate one position under this section'' and 
     inserting ``The President shall designate one position''; and
       (B) in the second sentence, by striking ``That position 
     shall be filled by'' and inserting ``The President shall fill 
     that position by appointing, by and with the advice and 
     consent of the Senate,'';
       (2) in subsection (d)(2), by inserting ``or immediately 
     beginning a period of terminal leave'' after ``for which a 
     higher grade is designated'';
       (3) by amending subsection (e) to read as follows:
       ``(e) Limit on Number of Officers Appointed.--The total 
     number of officers serving on active duty at any one time in 
     the grade of rear admiral (lower half) or above may not 
     exceed five, with only one serving in the grade of vice 
     admiral.''; and
       (4) in subsection (f), by inserting ``or in a period of 
     annual leave used at the end of the appointment'' after 
     ``serving in that grade''.

     SEC. 1734. TEMPORARY APPOINTMENTS.

       (a) In General.--Section 229 (33 U.S.C. 3029) is amended to 
     read as follows:

     ``SEC. 229. TEMPORARY APPOINTMENTS.

       ``(a) Appointments by President.--Temporary appointments in 
     the grade of ensign, lieutenant junior grade, or lieutenant 
     may be made by the President.
       ``(b) Termination.--A temporary appointment to a position 
     under subsection (a) shall terminate upon approval of a 
     permanent appointment for such position made by the 
     President.
       ``(c) Order of Precedence.--Appointees under subsection (a) 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their appointments as officers 
     in such grade. The order of precedence of appointees who are 
     appointed on the same date shall be determined by the 
     Secretary.
       ``(d) Any One Grade.--When determined by the Secretary to 
     be in the best interest of the commissioned officer corps, 
     officers in any permanent grade may be temporarily promoted 
     one grade by the President. Any such temporary promotion 
     terminates upon the transfer of the officer to a new 
     assignment.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 229 and inserting the following:

``Sec. 229. Temporary appointments.''.

     SEC. 1735. OFFICER CANDIDATES.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 234. OFFICER CANDIDATES.

       ``(a) Determination of Number.--The Secretary shall 
     determine the number of appointments of officer candidates.
       ``(b) Appointment.--Appointment of officer candidates shall 
     be made under regulations, which the Secretary shall 
     prescribe, including regulations with respect to determining 
     age limits, methods of selection of officer candidates, term 
     of service as an officer candidate before graduation from the 
     basic officer training program of the Administration, and all 
     other matters affecting such appointment.
       ``(c) Dismissal.--The Secretary may dismiss from the basic 
     officer training program of the Administration any officer 
     candidate who, during the officer candidate's term as an 
     officer candidate, the Secretary considers unsatisfactory in 
     either academics or conduct, or not adapted for a career in 
     the commissioned officer corps of the Administration. Officer 
     candidates shall be subject to rules governing discipline 
     prescribed by the Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps.
       ``(d) Agreement.--
       ``(1) In general.--Each officer candidate shall sign an 
     agreement with the Secretary in accordance with section 
     216(a)(2) regarding the officer candidate's term of service 
     in the commissioned officer corps of the Administration.
       ``(2) Elements.--An agreement signed by an officer 
     candidate under paragraph (1) shall provide that the officer 
     candidate agrees to the following:
       ``(A) That the officer candidate will complete the course 
     of instruction at the basic officer training program of the 
     Administration.
       ``(B) That upon graduation from such program, the officer 
     candidate--
       ``(i) will accept an appointment, if tendered, as an 
     officer; and
       ``(ii) will serve on active duty for at least four years 
     immediately after such appointment.

[[Page S4068]]

       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include--
       ``(1) standards for determining what constitutes a breach 
     of an agreement signed under subsection (d)(1); and
       ``(2) procedures for determining whether such a breach has 
     occurred.
       ``(f) Repayment.--An officer candidate or former officer 
     candidate who does not fulfill the terms of the obligation to 
     serve as specified under subsection (d) shall be subject to 
     the repayment provisions of section 216(b).''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 233 the following:

``Sec. 234. Officer candidates.''.
       (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 
     3002(b)) is amended--
       (1) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Officer candidate.--The term `officer candidate' 
     means an individual who is enrolled in the basic officer 
     training program of the Administration and is under 
     consideration for appointment as an officer under section 
     221(a)(2)(A).''.
       (d) Pay for Officer Candidates.--Section 203 of title 37, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f)(1) An officer candidate enrolled in the basic officer 
     training program of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration is entitled, 
     while participating in such program, to monthly officer 
     candidate pay at monthly rates equal to the basic pay of an 
     enlisted member in the pay grade E-5 with less than two years 
     of service.
       ``(2) An individual who graduates from such program shall 
     receive credit for the time spent participating in such 
     program as if such time were time served while on active duty 
     as a commissioned officer. If the individual does not 
     graduate from such program, such time shall not be considered 
     creditable for active duty or pay.''.

     SEC. 1736. PROCUREMENT OF PERSONNEL.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 1735(a), is further amended by adding at 
     the end the following:

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

       ``The Secretary may make such expenditures as the Secretary 
     considers necessary in order to obtain recruits for the 
     commissioned officer corps of the Administration, including 
     advertising.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1735(b), is 
     further amended by inserting after the item relating to 
     section 234 the following:

``235. Procurement of personnel.''.

     SEC. 1737. CAREER INTERMISSION PROGRAM.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 1736(a), is further amended by adding at 
     the end the following:

     ``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF 
                   OFFICERS.

       ``(a) Programs Authorized.--The Secretary may carry out a 
     program under which officers may be inactivated from active 
     duty in order to meet personal or professional needs and 
     returned to active duty at the end of such period of 
     inactivation from active duty.
       ``(b) Period of Inactivation From Active Duty; Effect of 
     Inactivation.--
       ``(1) In general.--The period of inactivation from active 
     duty under a program under this section of an officer 
     participating in the program shall be such period as the 
     Secretary shall specify in the agreement of the officer under 
     subsection (c), except that such period may not exceed three 
     years.
       ``(2) Exclusion from retirement.--Any period of 
     participation of an officer in a program under this section 
     shall not count toward eligibility for retirement or 
     computation of retired pay under subtitle C.
       ``(c) Agreement.--Each officer who participates in a 
     program under this section shall enter into a written 
     agreement with the Secretary under which that officer shall 
     agree as follows:
       ``(1) To undergo during the period of the inactivation of 
     the officer from active duty under the program such inactive 
     duty training as the Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps shall 
     require in order to ensure that the officer retains 
     proficiency, at a level determined by the Director to be 
     sufficient, in the technical skills, professional 
     qualifications, and physical readiness of the officer during 
     the inactivation of the officer from active duty.
       ``(2) Following completion of the period of the 
     inactivation of the officer from active duty under the 
     program, to serve two months on active duty for each month of 
     the period of the inactivation of the officer from active 
     duty under the program.
       ``(d) Conditions of Release.--The Secretary shall--
       ``(1) prescribe regulations specifying the guidelines 
     regarding the conditions of release that must be considered 
     and addressed in the agreement required by subsection (c); 
     and
       ``(2) at a minimum, prescribe the procedures and standards 
     to be used to instruct an officer on the obligations to be 
     assumed by the officer under paragraph (1) of such subsection 
     while the officer is released from active duty.
       ``(e) Order to Active Duty.--Under regulations prescribed 
     by the Secretary, an officer participating in a program under 
     this section may, in the discretion of the Secretary, be 
     required to terminate participation in the program and be 
     ordered to active duty.
       ``(f) Pay and Allowances.--
       ``(1) Basic pay.--During each month of participation in a 
     program under this section, an officer who participates in 
     the program shall be paid basic pay in an amount equal to 
     two-thirtieths of the amount of monthly basic pay to which 
     the officer would otherwise be entitled under section 204 of 
     title 37, United States Code, as a member of the uniformed 
     services on active duty in the grade and years of service of 
     the officer when the officer commences participation in the 
     program.
       ``(2) Special or incentive pay or bonus.--
       ``(A) Prohibition.--An officer who participates in a 
     program under this section shall not, while participating in 
     the program, be paid any special or incentive pay or bonus to 
     which the officer is otherwise entitled under an agreement 
     under chapter 5 of title 37, United States Code, that is in 
     force when the officer commences participation in the 
     program.
       ``(B) Not treated as failure to perform services.--The 
     inactivation from active duty of an officer participating in 
     a program under this section shall not be treated as a 
     failure of the officer to perform any period of service 
     required of the officer in connection with an agreement for a 
     special or incentive pay or bonus under chapter 5 of title 
     37, United States Code, that is in force when the officer 
     commences participation in the program.
       ``(3) Return to active duty.--
       ``(A) Special or incentive pay or bonus.--Subject to 
     subparagraph (B), upon the return of an officer to active 
     duty after completion by the officer of participation in a 
     program under this section--
       ``(i) any agreement entered into by the officer under 
     chapter 5 of title 37, United States Code, for the payment of 
     a special or incentive pay or bonus that was in force when 
     the officer commenced participation in the program shall be 
     revived, with the term of such agreement after revival being 
     the period of the agreement remaining to run when the officer 
     commenced participation in the program; and
       ``(ii) any special or incentive pay or bonus shall be 
     payable to the officer in accordance with the terms of the 
     agreement concerned for the term specified in clause (i).
       ``(B) Limitation.--
       ``(i) In general.--Subparagraph (A) shall not apply to any 
     special or incentive pay or bonus otherwise covered by that 
     subparagraph with respect to an officer if, at the time of 
     the return of the officer to active duty as described in that 
     subparagraph--

       ``(I) such pay or bonus is no longer authorized by law; or
       ``(II) the officer does not satisfy eligibility criteria 
     for such pay or bonus as in effect at the time of the return 
     of the officer to active duty.

       ``(ii) Pay or bonus ceases being authorized.--Subparagraph 
     (A) shall cease to apply to any special or incentive pay or 
     bonus otherwise covered by that subparagraph with respect to 
     an officer if, during the term of the revived agreement of 
     the officer under subparagraph (A)(i), such pay or bonus 
     ceases being authorized by law.
       ``(C) Repayment.--An officer who is ineligible for payment 
     of a special or incentive pay or bonus otherwise covered by 
     this paragraph by reason of subparagraph (B)(i)(II) shall be 
     subject to the requirements for repayment of such pay or 
     bonus in accordance with the terms of the applicable 
     agreement of the officer under chapter 5 of title 37, United 
     States Code.
       ``(D) Required service is additional.--Any service required 
     of an officer under an agreement covered by this paragraph 
     after the officer returns to active duty as described in 
     subparagraph (A) shall be in addition to any service required 
     of the officer under an agreement under subsection (c).
       ``(4) Travel and transportation allowance.--
       ``(A) In general.--Subject to subparagraph (B), an officer 
     who participates in a program under this section is entitled, 
     while participating in the program, to the travel and 
     transportation allowances authorized by section 474 of title 
     37, United States Code, for--
       ``(i) travel performed from the residence of the officer, 
     at the time of release from active duty to participate in the 
     program, to the location in the United States designated by 
     the officer as the officer's residence during the period of 
     participation in the program; and
       ``(ii) travel performed to the residence of the officer 
     upon return to active duty at the end of the participation of 
     the officer in the program.
       ``(B) Single residence.--An allowance is payable under this 
     paragraph only with respect to travel of an officer to and 
     from a single residence.
       ``(5) Leave balance.--An officer who participates in a 
     program under this section is entitled to carry forward the 
     leave balance

[[Page S4069]]

     existing as of the day on which the officer begins 
     participation and accumulated in accordance with section 701 
     of title 10, but not to exceed 60 days.
       ``(g) Promotion.--
       ``(1) In general.--An officer participating in a program 
     under this section shall not, while participating in the 
     program, be eligible for consideration for promotion under 
     subtitle B.
       ``(2) Return to service.--Upon the return of an officer to 
     active duty after completion by the officer of participation 
     in a program under this section--
       ``(A) the Secretary may adjust the date of rank of the 
     officer in such manner as the Secretary shall prescribe in 
     regulations for purposes of this section; and
       ``(B) the officer shall be eligible for consideration for 
     promotion when officers of the same competitive category, 
     grade, and seniority are eligible for consideration for 
     promotion.
       ``(h) Continued Entitlements.--An officer participating in 
     a program under this section shall, while participating in 
     the program, be treated as a member of the uniformed services 
     on active duty for a period of more than 30 days for purposes 
     of--
       ``(1) the entitlement of the officer and of the dependents 
     of the officer to medical and dental care under the 
     provisions of chapter 55 of title 10; and
       ``(2) retirement or separation for physical disability 
     under the provisions of subtitle C.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1736(b), is 
     further amended by inserting after the item relating to 
     section 235 the following:

``Sec. 236. Career flexibility to enhance retention of officers.''.

           Subtitle D--Separation and Retirement of Officers

     SEC. 1741. INVOLUNTARY RETIREMENT OR SEPARATION.

       Section 241 (33 U.S.C. 3041) is amended by adding at the 
     end the following:
       ``(d) Deferment of Retirement or Separation for Medical 
     Reasons.--
       ``(1) In general.--If the Secretary determines that the 
     evaluation of the medical condition of an officer requires 
     hospitalization or medical observation that cannot be 
     completed with confidence in a manner consistent with the 
     officer's well-being before the date on which the officer 
     would otherwise be required to retire or be separated under 
     this section, the Secretary may defer the retirement or 
     separation of the officer.
       ``(2) Consent required.--A deferment may only be made with 
     the written consent of the officer involved. If the officer 
     does not provide written consent to the deferment, the 
     officer shall be retired or separated as scheduled.
       ``(3) Limitation.--A deferment of retirement or separation 
     under this subsection may not extend for more than 30 days 
     after completion of the evaluation requiring hospitalization 
     or medical observation.''.

     SEC. 1742. SEPARATION PAY.

       Section 242 (33 U.S.C. 3042) is amended by adding at the 
     end the following:
       ``(d) Exception.--An officer discharged for twice failing 
     selection for promotion to the next higher grade is not 
     entitled to separation pay under this section if the 
     officer--
       ``(1) expresses a desire not to be selected for promotion; 
     or
       ``(2) requests removal from the list of selectees.''.

   Subtitle E--Other National Oceanic and Atmospheric Administration 
                                Matters

     SEC. 1751. CHARTING AND SURVEY SERVICES.

       (a) In General.--Not later than 270 days after the 
     development of the strategy required by section 1002(b) of 
     the Frank LoBiondo Coast Guard Authorization Act of 2018 (33 
     U.S.C. 892a note), the Secretary of Commerce shall enter into 
     not fewer than 2 multi-year contracts with 1 or more private 
     entities for the performance of charting and survey services 
     by vessels.
       (b) Charting and Surveys in the Arctic.--In soliciting and 
     engaging the services of vessels under subsection (a), the 
     Secretary shall particularly emphasize the need for charting 
     and surveys in the Arctic.

     SEC. 1752. LEASES AND CO-LOCATION AGREEMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, in fiscal year 2020 and each fiscal year thereafter, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration may execute noncompetitive leases and co-
     location agreements for real property and incidental goods 
     and services with entities described in subsection (b) for 
     periods of not more than 30 years, if each such lease or 
     agreement is supported by a price reasonableness analysis.
       (b) Entities Described.--An entity described in this 
     subsection is--
       (1) the government of any State, territory, possession, or 
     locality of the United States;
       (2) any Tribal organization (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304));
       (3) any subdivision of--
       (A) a government described in paragraph (1); or
       (B) an organization described in paragraph (2); or
       (4) any organization that is--
       (A) organized under the laws of the United States or any 
     jurisdiction within the United States; and
       (B) described in section 501(c) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code.
       (c) Fiscal Year Limitation.--The obligation of amounts for 
     leases and agreements executed under subsection (a) is 
     limited to the fiscal year for which payments are due, 
     without regard to sections 1341(a)(1), 1501(a)(1), 1502(a), 
     and 1517(a) of title 31, United States Code.
       (d) Collaboration Agreements.--Upon the execution of a 
     lease or agreement authorized by subsection (a) with an 
     entity, the Administrator may enter into agreements with the 
     entity to collaborate or engage in projects or programs on 
     matters of mutual interest for periods not to exceed the term 
     of the lease or agreement. The cost of such agreements shall 
     be apportioned equitably, as determined by the Administrator.

     SEC. 1753. SATELLITE AND DATA MANAGEMENT.

       Section 301 of the Weather Research and Forecasting 
     Innovation Act of 2017 (15 U.S.C. 8531) is amended--
       (1) in subsection (c)(1), by striking subparagraph (D) and 
     inserting the following:
       ``(D) improve--
       ``(i) weather and climate forecasting and predictions; and
       ``(ii) the understanding, management, and exploration of 
     the ocean.''; and
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``data and satellite systems'' and 
     inserting ``data, satellite, and other observing systems''; 
     and
       (ii) by striking ``to carry out'' and all that follows and 
     inserting the following: ``to carry out--
       ``(A) basic, applied, and advanced research projects and 
     ocean exploration missions to meet the objectives described 
     in subparagraphs (A) through (D) of subsection (c)(1); or
       ``(B) any other type of project to meet other mission 
     objectives, as determined by the Under Secretary.'';
       (B) in paragraph (2)(B)(i), by striking ``satellites'' and 
     all that follows and inserting ``systems, including 
     satellites, instrumentation, ground stations, data, and data 
     processing;''; and
       (C) in paragraph (3), by striking ``2023'' and inserting 
     ``2030''.

     SEC. 1754. IMPROVEMENTS RELATING TO SEXUAL HARASSMENT AND 
                   ASSAULT PREVENTION AT THE NATIONAL OCEANIC AND 
                   ATMOSPHERIC ADMINISTRATION.

       (a) Anonymous Reporting.--Subtitle C of title XXXV of the 
     National Defense Authorization Act for Fiscal Year 2017 (33 
     U.S.C. 894 et seq.) is amended--
       (1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by 
     striking ``confidentially'' and inserting ``anonymously''; 
     and
       (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by 
     striking ``confidentially'' and inserting ``anonymously''.
       (b) Investigative Requirement.--Such subtitle is amended--
       (1) by redesignating sections 3546 and 3547 as sections 
     3548 and 3549, respectively; and
       (2) by inserting after section 3545 the following:

     ``SEC. 3546. INVESTIGATION REQUIREMENT.

       ``(a) Requirement to Investigate.--
       ``(1) In general.--The Secretary of Commerce, acting 
     through the Under Secretary for Oceans and Atmosphere, shall 
     ensure that each allegation of sexual harassment reported 
     under section 3541 and each allegation of sexual assault 
     reported under section 3542 is investigated thoroughly and 
     promptly.
       ``(2) Sense of congress on commencement of investigation.--
     It is the sense of Congress that the Secretary should ensure 
     that an investigation of an alleged sexual harassment 
     reported under section 3541 or sexual assault reported under 
     section 3542 commences not later than 48 hours after the time 
     at which the allegation was reported.
       ``(b) Notification of Delay.--In any case in which the time 
     between the reporting of an alleged sexual harassment or 
     sexual assault under section 3541 or 3542, respectively, and 
     commencement of an investigation of the allegation exceeds 48 
     hours, the Secretary shall notify the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Natural Resources of the House of Representatives of the 
     delay.

     ``SEC. 3547. CRIMINAL REFERRAL.

       ``If the Secretary of Commerce finds, pursuant to an 
     investigation under section 3546, evidence that a crime may 
     have been committed, the Secretary shall refer the matter to 
     the appropriate law enforcement authorities, including the 
     appropriate United States Attorney.''.
       (c) Clerical Amendment.--The table of contents in section 
     2(b) of such Act is amended by striking the items relating to 
     sections 3546 and 3547 and inserting the following new items:

``Sec. 3546. Investigation requirement.
``Sec. 3547. Criminal referral.
``Sec. 3548. Annual report on sexual assaults in the National Oceanic 
              and Atmospheric Administration.
``Sec. 3549. Sexual assault defined.''.

     SEC. 1755. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS 
                   OF NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION FOR GREAT LAKES.

       (a) Update Required for Environmental Sensitivity Index 
     Products for Great

[[Page S4070]]

     Lakes.--Not later than 180 days after the date of the 
     enactment of this Act, the Under Secretary for Oceans and 
     Atmosphere shall commence updating the environmental 
     sensitivity index products of the National Oceanic and 
     Atmospheric Administration for each coastal area of the Great 
     Lakes.
       (b) Periodic Updates for Environmental Sensitivity Index 
     Products Generally.--Subject to the availability of 
     appropriations and the priorities set forth in subsection 
     (c), the Under Secretary shall--
       (1) periodically update the environmental sensitivity index 
     products of the Administration; and
       (2) endeavor to do so not less frequently than once every 7 
     years.
       (c) Priorities.--When prioritizing geographic areas to 
     update environmental sensitivity index products, the Under 
     Secretary shall consider--
       (1) the age of existing environmental sensitivity index 
     products for the areas;
       (2) the occurrence of extreme events, be it natural or man-
     made, which have significantly altered the shoreline or 
     ecosystem since the last update;
       (3) the natural variability of shoreline and coastal 
     environments; and
       (4) the volume of vessel traffic and general vulnerability 
     to spilled pollutants.
       (d) Environmental Sensitivity Index Product Defined.--In 
     this section, the term ``environmental sensitivity index 
     product'' means a map or similar tool that is utilized to 
     identify sensitive shoreline, coastal, or offshore resources 
     prior to an oil spill event in order to set baseline 
     priorities for protection and plan cleanup strategies, 
     typically including information relating to shoreline type, 
     biological resources, and human use resources.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Under Secretary $7,500,000 to carry out subsection (a).
       (2) Availability.--Amounts appropriated or otherwise made 
     available pursuant to paragraph (1) shall be available to the 
     Under Secretary for the purposes set forth in such paragraph 
     until expended.
                                 ______
                                 
  SA 2369. 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 end of subtitle E of title X, add the following:

     SEC. 1052. LIMITATION ON REALIGNMENT OF MARINE FORCES NORTH 
                   COMMAND.

       (a) In General.--The Secretary of Defense may not realign 
     Marine Forces North Command from New Orleans, Louisiana, to 
     Norfolk, Virginia, until the Secretary submits to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report addressing the impact of the 
     proposed realignment on the following:
       (1) The readiness of the Armed Forces.
       (2) The National Defense Strategy and supporting service 
     strategies.
       (3) The organizational structure for the Marine Corps and 
     the administrative control, operational control, and tactical 
     control relationships.
       (4) Long-term costs for the Marine Corps, including an 
     assessment of any requirements for new infrastructure or 
     relocation of equipment and assets.
       (5) Total force integration and general officer progression 
     for the Marine Corps, including with respect to the reserve 
     components.
       (b) Applicability.--The prohibition under subsection (a) 
     shall apply with respect to--
       (1) any action that is not completed as of the date of the 
     enactment of this Act; and
       (2) any action commencing after such date.
                                 ______
                                 
  SA 2370. Mrs. BLACKBURN (for herself, Mr. Thune, Mr. Gardner, Mr. 
Cramer, Mr. Johnson, Mr. Cornyn, and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 2301 proposed by Mr. Inhofe to 
the bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 212, strike subsection (c) and insert the 
     following:
       (c) Cross-functional Team for Fifth-generation Wireless 
     Networking.--
       (1) Establishment required.--The Secretary of Defense 
     shall, in accordance with section 911(c) of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328; 10 U.S.C. 111 note), establish a cross-functional 
     team for fifth-generation wireless networking in order--
       (A) to advance the adoption of commercially available next 
     generation wireless communication technologies, capabilities, 
     security, and applications by the Department of Defense and 
     the defense industrial base; and
       (B) to support public-private partnership between the 
     Department and industry regarding fifth-generation wireless 
     networking.
       (2) Purpose.--The purpose of the cross-functional team 
     established pursuant to paragraph (1) shall be the--
       (A) oversight of the implementation of the strategy 
     developed as required by section 254 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92) 
     for harnessing fifth-generation wireless networking 
     technologies, coordinated across all relevant elements of the 
     Department;
       (B) coordination of research and development, 
     implementation and acquisition activities, warfighting 
     concept development, spectrum policy, industrial policy and 
     commercial outreach and partnership relating to fifth-
     generation wireless networking in the Department, and 
     interagency and international engagement;
       (C) integration of the Department's fifth-generation 
     wireless networking programs and policies with major 
     Department initiatives, programs, and policies surrounding 
     secure microelectronics and command and control; and
       (D) oversight, coordination, execution, and leadership of 
     initiatives to advance fifth-generation wireless network 
     technologies and associated applications developed for the 
     Department.
                                 ______
                                 
  SA 2371. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. STUDY ON USE OF EMERGING TECHNOLOGIES BY U.S. 
                   CUSTOMS AND BORDER PROTECTION.

       (a) Study.--The Commissioner of U.S. Customs and Border 
     Protection shall carry out a study, in consultation with 
     appropriate private sector stakeholders and the heads of 
     other Federal agencies, with respect to--
       (1) the status of implementation and internal use of 
     emerging technologies, including blockchain technology and 
     other innovative technologies, within U.S. Customs and Border 
     Protection; and
       (2) how applications of blockchain technology, cloud and 
     edge computing, and other innovative technologies can--
       (A) make the data analysis of U.S. Customs and Border 
     Protection more efficient and effective;
       (B) be used to support strategic initiatives of U.S. 
     Customs and Border Protection; and
       (C) be further leveraged to improve the informed compliance 
     model of U.S. Customs and Border Protection and enhance the 
     transparency of supply chains.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Commissioner shall submit to the 
     appropriate congressional committees a report to containing--
       (1) all findings and determinations made in carrying out 
     the study required under subsection (a); and
       (2) any recommendations identified in carrying out the 
     study for using blockchain technology and other innovative 
     technologies with respect to efforts by U.S. Customs and 
     Border Protection--
       (A) to combat money laundering and other forms of illicit 
     finance; and
       (B) to detect and deter trade-based money laundering, the 
     distribution of counterfeit goods, and goods made with 
     convict labor, forced labor, or indentured labor.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Homeland Security of the House of 
     Representatives.
       (2) Informed compliance model.--The term ``informed 
     compliance model'' means a model based on shared 
     responsibility between U.S. Customs and Border Protection and 
     importers under which--
       (A) U.S. Customs and Border Protection effectively 
     communicates its requirements to importers; and
       (B) importers conduct their activities in accordance with 
     those requirements and the statutes and regulations of the 
     United States.
                                 ______
                                 
  SA 2372. Ms. McSALLY submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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:

[[Page S4071]]

  


     SEC. 1085. AMENDMENTS TO DEFENSE PRODUCTION ACT OF 1950 TO 
                   ENSURE SUPPLY OF CERTAIN MEDICAL PRODUCTS 
                   ESSENTIAL TO NATIONAL DEFENSE.

       (a) Statement of Policy.--Section 2(b) of the Defense 
     Production Act of 1950 (50 U.S.C. 4502(b)) is amended--
       (1) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) authorities under this Act should be used when 
     appropriate to ensure the availability of medical products 
     essential to national defense, including through measures 
     designed to secure the drug and medical device supply chains, 
     and taking into consideration the importance of United States 
     competitiveness, scientific leadership and cooperation, and 
     innovative capacity;''.
       (b) Strengthening Domestic Capability.--Section 107 of the 
     Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
       (1) in subsection (a), by striking ``and industrial 
     resources'' and inserting ``industrial resources, and medical 
     products''; and
       (2) in subsection (b)(1), by striking ``and industrial 
     resources'' and inserting ``industrial resources, and medical 
     products essential to national defense''.
       (c) Strategy on Securing Supply Chains for Medical 
     Products.--Title I of the Defense Production Act of 1950 (50 
     U.S.C. 4511 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL 
                   PRODUCTS.

       ``(a) In General.--Not later than 120 days after the date 
     of the enactment of this section, the President, in 
     consultation with the Secretary of Health and Human Services, 
     the Secretary of Commerce, the Secretary of Homeland 
     Security, and the Secretary of Defense, shall transmit a 
     strategy to the appropriate Members of Congress that includes 
     the following:
       ``(1) A detailed plan to use the authorities under this 
     title and title III, or any other provision of law, to ensure 
     the supply of medical products essential to national defense, 
     to the extent necessary for the purposes of this Act.
       ``(2) An analysis of vulnerabilities to existing supply 
     chains for such medical products, and recommendations to 
     address the vulnerabilities.
       ``(3) Measures to be undertaken by the President to 
     diversify such supply chains, as appropriate and as required 
     for national defense.
       ``(4) A discussion of--
       ``(A) any significant effects resulting from the plan and 
     measures described in this subsection on the production, 
     cost, or distribution of medical products, including 
     vaccines;
       ``(B) a timeline to ensure that essential components of the 
     supply chain for medical products are not under the exclusive 
     control of a foreign government in a manner that the 
     President determines could threaten the national defense of 
     the United States; and
       ``(C) efforts to mitigate any risks resulting from the plan 
     and measures described in this subsection to United States 
     competitiveness, scientific leadership, and innovative 
     capacity, including efforts to cooperate and proactively 
     engage with United States allies.
       ``(b) Progress Report.--Following submission of the 
     strategy under subsection (a), the President shall submit to 
     the appropriate Members of Congress an annual progress report 
     evaluating the implementation of the strategy, and may 
     include updates to the strategy as appropriate. The strategy 
     and progress reports shall be submitted in unclassified form 
     but may contain a classified annex.
       ``(c) Appropriate Members of Congress.--The term 
     `appropriate Members of Congress' means--
       ``(1) the Speaker, majority leader, and minority leader of 
     the House of Representatives;
       ``(2) the majority leader and minority leader of the 
     Senate;
       ``(3) the chairman and ranking member of the Committee on 
     Financial Services of the House of Representatives; and
       ``(4) the chairman and ranking member of the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.''.
                                 ______
                                 
  SA 2373. Ms. KLOBUCHAR (for herself and Mr. Lankford) 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. ___. 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 2374. Mr. MANCHIN (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 MQ-4 TRITON, strike the amount in the Senate Authorized 
     column and insert ``411,570''.
       In the funding table in section 4101, in the item relating 
     to Total Aircraft Procurement, Navy, strike the amount in the 
     Senate Authorized column and insert ``17,718,878''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Army relating to Undistributed, in the item 
     relating to ``UNDISTRIBUTED'', strike the amount in the 
     Senate Authorized column and insert ``-358,901''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Army relating to Undistributed, in the item 
     relating to Excessive standard price for fuel, strike the 
     amount in the Senate Authorized column and insert ``[-
     35,400]''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Army relating to Undistributed, in the item 
     relating to Subtotal, Undistributed, strike the amount in the 
     Senate Authorized column and insert ``-358,901''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Army, in the item relating to Total Operation 
     and Maintenance, Army, strike the amount in the Senate 
     Authorized column and insert ``40,206,327''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Defense-Wide relating to Operating Forces, in 
     the item relating to Joint Chiefs of Staff, strike the amount 
     in the Senate Authorized column and insert ``378,111''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Defense-Wide relating to Operating Forces, in 
     the item relating to Subtotal Operating Forces, strike the 
     amount in the Senate Authorized column and insert 
     ``7,111,746''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Defense-Wide relating to Administrative and 
     Service-Wide Activities, in the item relating to Defense 
     Human Resources Activity, strike the amount in the Senate 
     Authorized column and insert ``749,952''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Defense-Wide relating to Administrative and 
     Service-Wide Activities, in the item relating to Office of 
     the Secretary of Defense, strike the amount in the Senate 
     Authorized column and insert ``1,513,946''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Defense-Wide relating to Administrative and 
     Service-Wide Activities, in the item relating to Subtotal 
     Administrative and Service-Wide Activities, strike the amount 
     in the Senate Authorized column and insert ``31,388,885''.
       In the funding table in section 4301 for Operation and 
     Maintenance, Defense-Wide, in the item relating to Total 
     Operation and Maintenance, Defense-Wide, strike the amount in 
     the Senate Authorized column and insert ``38,619,740''.
                                 ______
                                 
  SA 2375. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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--

[[Page S4072]]

       (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 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, the Committee on Foreign Relations, and the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Committee on Financial 
     Services, the Committee on Foreign Affairs, and the Committee 
     on Appropriations of the House of Representatives.
                                 ______
                                 
  SA 2376. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
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--Sanctions With Respect to the Russian Federation

     SEC. 1291. DEFINITIONS.

       In this subtitle:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' 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 Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Armed 
     Services, the Select Committee on Intelligence, and the 
     majority leader and the minority leader of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, the Committee on Armed Services, the 
     Permanent Select Committee on Intelligence, and the Speaker, 
     the majority leader, and the minority leader of the House of 
     Representatives.
       (3) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       (4) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     regulations prescribed by the Secretary of the Treasury.
       (5) 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.
       (6) United states financial institution.--The term ``United 
     States financial institution'' has the meaning given that 
     term in regulations prescribed by the Secretary of the 
     Treasury.
       (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.

     SEC. 1292. IMPOSITION OF SANCTIONS WITH RESPECT TO GOVERNMENT 
                   OF RUSSIAN FEDERATION RELATING TO BOUNTIES ON 
                   MEMBERS OF ARMED FORCES AND ALLIED FORCES IN 
                   AFGHANISTAN.

       (a) Certification and Report.--
       (1) Certification required.--Not later than 15 days after 
     the date of the enactment of this Act, the Director of 
     National Intelligence shall submit to the appropriate 
     congressional committees and leadership a certification with 
     respect to--
       (A) whether or not the Government of the Russian 
     Federation, or proxies of that Government, was responsible 
     for offering bounties for the killing of members of the Armed 
     Forces of the United States or members of the Resolute 
     Support Mission led by the North Atlantic Treaty Organization 
     (commonly referred to as ``NATO'') in Afghanistan;
       (B) whether the information described in subparagraph (A) 
     was provided to--
       (i) senior officials of the United States Government, 
     including the President and the Vice President, and, if so, 
     when that information was provided to those officials; and
       (ii) allies of the United States serving in Afghanistan 
     under the NATO-led Resolute Support Mission.
       (2) Report required.--Not later than 15 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees and 
     leadership a report describing the measures taken by the 
     Department of Defense to provide greater protection to 
     members of the Armed Forces of the United States in 
     Afghanistan.
       (3) Form.--The certification required by paragraph (1) and 
     the report required by paragraph (2) shall be submitted in 
     unclassified form but may include a classified annex.
       (b) Imposition of Sanctions.--
       (1) In general.--If the Director of National Intelligence 
     certifies under subsection (a)(1)(A) that the Government of 
     the Russian Federation or any its proxies was responsible for 
     bounties described in that subsection, the President shall, 
     not later than 15 days after the date of the certification, 
     impose the following sanctions:
       (A) Property blocking.--The President shall block and 
     prohibit, pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.), all transactions in 
     property and interests in property of each person described 
     in paragraph (2) 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) Aliens inadmissible for visas, admission, or parole.--
       (i) Visas, admission, or parole.--An alien described in 
     paragraph (2) is--

       (I) inadmissible to the United States;
       (II) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (III) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

       (ii) Current visas revoked.--

       (I) In general.--The visa or other entry documentation of 
     an alien described in paragraph (2) shall be revoked, 
     regardless of when such visa or other entry documentation is 
     or was issued.
       (II) Immediate effect.--A revocation under subclause (I) 
     shall--

       (aa) take effect immediately; and
       (bb) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.
       (C) Rejection of transactions with defense and intelligence 
     sectors of russian federation.--The Secretary of the Treasury 
     shall instruct all United States financial institutions to 
     reject all financial transactions involving any person on the 
     list, as of the date of the enactment of this Act, produced 
     by the Secretary of State pursuant to section 231(e) of the 
     Countering America's Adversaries Through Sanctions Act (22 
     U.S.C. 9525(e)).
       (2) Persons described.--A person described in this 
     paragraph is any of the following:
       (A) Vladimir Putin or any person acting for or on behalf of 
     Vladimir Putin, including any person managing any of his 
     assets anywhere in the world.
       (B) Any senior official of the Government of the Russian 
     Federation determined by the

[[Page S4073]]

     President to have been involved in the activity described in 
     subsection (a)(1)(A).
       (C) Any official of a defense or intelligence unit of that 
     Government, including the Main Intelligence Agency of the 
     General Staff of the Armed Forces of the Russian Federation, 
     if that unit is determined by the President to have been 
     involved in the activity described in subsection (a)(1)(A).

     SEC. 1293. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   TRANSACTIONS WITH CERTAIN RUSSIAN POLITICAL 
                   FIGURES AND OLIGARCHS.

       (a) In General.--On and after the date that is 30 days 
     after the date of the enactment of this Act, the President 
     shall block and prohibit, pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all 
     transactions in property and interests in property of each 
     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) Persons Described.--The persons described in this 
     subsection are--
       (1) political figures, oligarchs, and other persons that 
     facilitate illicit and corrupt activities, directly or 
     indirectly, on behalf of the President of the Russian 
     Federation, Vladimir Putin, and persons acting for or on 
     behalf of such political figures, oligarchs, and persons;
       (2) Russian parastatal entities that facilitate illicit and 
     corrupt activities, directly or indirectly, on behalf of the 
     President of the Russian Federation, Vladimir Putin;
       (3) family members of persons described in paragraph (1) or 
     (2) that derive significant benefits from such illicit and 
     corrupt activities; and
       (4) persons, including financial institutions, that 
     knowingly engage in significant transactions with persons 
     described in paragraph (1), (2), or (3).
       (c) 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 180 days after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2021, 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, by--
       ``(1) including the matters described in paragraphs (1) 
     through (5) of subsection (a); and
       ``(2) excluding from the portion of the report responsive 
     to paragraph (1) of subsection (a) any individual with 
     respect to which there is no credible information suggesting 
     the individual has the close financial or political 
     relationships, or engages in the illicit activities, 
     described in 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)''.
       (d) Strategy Required.--Not later than 60 days after the 
     date of the enactment of this Act, the President shall submit 
     to the appropriate congressional committees and leadership a 
     strategy describing how the President will coordinate with 
     the European Union and its individual member countries with 
     respect to efforts to deny Russian persons described in the 
     updated report required by subsection (b) of section 241 of 
     the Countering America's Adversaries Through Sanctions Act, 
     as amended by subsection (c), access to financial 
     institutions or real estate in the European Union or United 
     States.

     SEC. 1294. 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 subtitle.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of the 
     provisions of subparagraph (A) or (C) of section 1292(b)(1) 
     or section 1293(a), or any regulation, license, or order 
     issued to carry out such provisions, 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. 1295. EXCEPTIONS.

       (a) Intelligence Activities.--This subtitle 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.
       (b) Exception to Comply With International Obligations and 
     for Law Enforcement Activities.--Sanctions under section 
     1292(b)(1)(B) 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.
       (c) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements to impose 
     sanctions under this subtitle shall not include the authority 
     or a 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.
       (d) Exception Relating to Activities of the National 
     Aeronautics and Space Administration.--
       (1) In general.--This subtitle shall not apply with respect 
     to activities of the National Aeronautics and Space 
     Administration.
       (2) Rule of construction.--Nothing in this subtitle or the 
     amendments made by this title shall be construed to authorize 
     the imposition of any sanction or other condition, 
     limitation, restriction, or prohibition, that directly or 
     indirectly impedes the supply by any entity of the Russian 
     Federation of any product or service, or the procurement of 
     such product or service by any contractor or subcontractor of 
     the United States or any other entity, relating to or in 
     connection with any space launch conducted for--
       (A) the National Aeronautics and Space Administration; or
       (B) any other non-Department of Defense customer.

     SEC. 1296. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed--
       (1) to supersede the limitations or exceptions on the use 
     of rocket engines for national security purposes under 
     section 1608 of the Carl Levin and Howard P. ``Buck'' McKeon 
     National Defense Authorization Act for Fiscal Year 2015 
     (Public Law 113-291; 128 Stat. 3626; 10 U.S.C. 2271 note), as 
     amended by section 1607 of the National Defense Authorization 
     Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1100) 
     and section 1602 of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2582); or
       (2) to prohibit a contractor or subcontractor of the 
     Department of Defense from acquiring components referred to 
     in such section 1608.
                                 ______
                                 
  SA 2377. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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____. ST. MARY UNIT AND MILK RIVER PROJECT 
                   INFRASTRUCTURE INVESTMENT.

       (a) Definitions.--In this section:
       (1) Operation, maintenance, and replacement.--The term 
     ``operation, maintenance, and replacement'' means--
       (A) any recurring or ongoing activity associated with the 
     day-to-day operation of the St. Mary Unit;
       (B) any activity relating to scheduled or unscheduled 
     maintenance of the St. Mary Unit; and
       (C) any activity relating to replacing a feature of the St. 
     Mary Unit.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (acting through the Commissioner of 
     Reclamation).
       (3) St. mary unit.--The term ``St. Mary Unit'' has the 
     meaning given the term in section 3703 of the Water 
     Infrastructure Improvements for the Nation Act (130 Stat. 
     1816).
       (b) Use of Appropriated Funds.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall use appropriated funds for the operation, maintenance, 
     and replacement of the St. Mary Unit.
       (2) Cost-sharing requirement.--
       (A) In general.--The Federal share of the total costs of 
     any activity relating to the operation, maintenance, and 
     replacement of the St. Mary Unit shall be 75 percent, which 
     shall be nonreimbursable to the United States.
       (B) Non-federal share.--The non-Federal share required 
     under subparagraph (A) may be paid by the State or any other 
     non-Federal interest.
       (c) Participation of Blackfeet Tribe.--The Secretary shall 
     coordinate with the Blackfeet Tribe in all phases relating to 
     the replacement of a feature of the St. Mary Unit.
       (d) Offset.--The St. Mary Diversion and Conveyance Works 
     project authorized under section 5103 of the Water Resources 
     Development Act of 2007 (121 Stat. 1234) is deauthorized.

[[Page S4074]]

  

                                 ______
                                 
  SA 2378. Mrs. BLACKBURN (for herself, Mr. Menendez, Mr. Scott of 
Florida, and Mr. Wyden) submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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__. OPEN TECHNOLOGY FUND.

       (a) Short Title.--This section may be cited as the ``Open 
     Technology Fund Authorization Act''.
       (b) Findings.--Congress finds the following:
       (1) The political, economic, and social benefits of the 
     internet are important to advancing democracy and freedom 
     throughout the world.
       (2) Authoritarian governments are investing billions of 
     dollars each year to create, maintain, and expand repressive 
     internet censorship and surveillance systems to limit free 
     association, control access to information, and prevent 
     citizens from exercising their rights to free speech.
       (3) Over \2/3\ of the world's population live in countries 
     in which the internet is restricted. Governments shut down 
     the internet more than 200 times every year.
       (4) Internet censorship and surveillance technology is 
     rapidly being exported around the world, particularly by the 
     Government of the People's Republic of China, enabling 
     widespread abuses by authoritarian governments.
       (c) Sense of Congress.--It is the sense of Congress that it 
     is in the interest of the United States--
       (1) to promote global internet freedom by countering 
     internet censorship and repressive surveillance;
       (2) to protect the internet as a platform for--
       (A) the free exchange of ideas;
       (B) the promotion of human rights and democracy; and
       (C) the advancement of a free press; and
       (3) to support efforts that prevent the deliberate misuse 
     of the internet to repress individuals from exercising their 
     rights to free speech and association, including countering 
     the use of such technologies by authoritarian regimes.
       (d) Establishment of the Open Technology Fund.--
       (1) In general.--The United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended 
     by inserting after section 309 the following:

     ``SEC. 309A. OPEN TECHNOLOGY FUND.

       ``(a) Authority.--
       ``(1) Establishment.--There is established a grantee 
     entity, to be known as the `Open Technology Fund', which 
     shall carry out this section.
       ``(2) In general.--Grants authorized under section 305 
     shall be available to award annual grants to the Open 
     Technology fund for the purpose of--
       ``(A) promoting, consistent with United States law, 
     unrestricted access to uncensored sources of information via 
     the internet; and
       ``(B) enabling journalists, including journalists employed 
     by or affiliated with the Voice of America, Radio Free 
     Europe/Radio Liberty, Radio Free Asia, the Middle East 
     Broadcasting Networks, the Office of Cuba Broadcasting, or 
     any entity funded by or partnering with the United States 
     Agency for Global Media to create and disseminate news and 
     information consistent with the purposes, standards, and 
     principles specified in sections 302 and 303.
       ``(b) Use of Grant Funds.--The Open Technology Fund shall 
     use grant funds received pursuant to subsection (a)(2)--
       ``(1) to advance freedom of the press and unrestricted 
     access to the internet in repressive environments overseas 
     through technology development, rather than through media 
     messaging;
       ``(2) to research, develop, implement, and maintain--
       ``(A) technologies that circumvent techniques used by 
     authoritarian governments, nonstate actors, and others to 
     block or censor access to the internet, including 
     circumvention tools that bypass internet blocking, filtering, 
     and other censorship techniques used to limit or block 
     legitimate access to content and information; and
       ``(B) secure communication tools and other forms of privacy 
     and security technology that facilitate the creation and 
     distribution of news and enable audiences to access media 
     content on censored websites;
       ``(3) to advance internet freedom by supporting private and 
     public sector research, development, implementation, and 
     maintenance of technologies that provide secure and 
     uncensored access to the internet to counter attempts by 
     authoritarian governments, nonstate actors, and others to 
     improperly restrict freedom online;
       ``(4) to research and analyze emerging technical threats 
     and develop innovative solutions through collaboration with 
     the private and public sectors to maintain the technological 
     advantage of the United States Government over authoritarian 
     governments, nonstate actors, and others;
       ``(5) to develop, acquire, and distribute requisite 
     internet freedom technologies and techniques for the United 
     States Agency for Global Media, in accordance with paragraph 
     (2), and digital security interventions, to fully enable the 
     creation and distribution of digital content between and to 
     all users and regional audiences;
       ``(6) to prioritize programs for countries, the governments 
     of which restrict freedom of expression on the internet, that 
     are important to the national interest of the United States 
     in accordance with section 7050(b)(2)(C) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2020 (division G of Public Law 116-94); 
     and
       ``(7) to carry out any other effort consistent with the 
     purposes of this Act or press freedom overseas if requested 
     or approved by the United States Agency for Global Media.
       ``(c) Methodology.--In carrying out subsection (b), the 
     Open Technology Fund shall--
       ``(1)(A) support fully open-source tools, code, and 
     components, to the extent practicable, to ensure such 
     supported tools and technologies are as secure, transparent, 
     and accessible as possible; and
       ``(B) require that any such tools, components, code, or 
     technology supported by the Open Technology Fund remain fully 
     open-source, to the extent practicable;
       ``(2) support technologies that undergo comprehensive 
     security audits to ensure that such technologies are secure 
     and have not been compromised in a manner detrimental to the 
     interests of the United States or to individuals or 
     organizations benefitting from programs supported by the Open 
     Technology Fund;
       ``(3) review and periodically update, as necessary, 
     security auditing procedures used by the Open Technology Fund 
     to reflect current industry security standards;
       ``(4) establish safeguards to mitigate the use of such 
     supported technologies for illicit purposes;
       ``(5) solicit project proposals through an open, 
     transparent, and competitive application process to attract 
     innovative applications and reduce barriers to entry;
       ``(6)(A) seek input from technical, regional, and subject 
     matter experts from a wide range of relevant disciplines; and
       ``(B) to review, provide feedback, and evaluate proposals 
     to ensure that the most competitive projects are funded;
       ``(7) implement an independent review process, through 
     which proposals are reviewed by such experts to ensure the 
     highest degree of technical review and due diligence;
       ``(8) maximize cooperation with the public and private 
     sectors, foreign allies, and partner countries to maximize 
     efficiencies and eliminate duplication of efforts; and
       ``(9) utilize any other methodology approved by the United 
     States Agency for Global Media in furtherance of the mission 
     of the Open Technology Fund.
       ``(d) Grant Agreement.--Any grant agreement with, or grants 
     made to, the Open Technology Fund under this section shall be 
     subject to the following limitations and restrictions:
       ``(1) The headquarters of the Open Technology Fund and its 
     senior administrative and managerial staff shall be located 
     in a location which ensures economy, operational 
     effectiveness, and accountability to the United States Agency 
     for Global Media.
       ``(2) Grants awarded under this section shall be made 
     pursuant to a grant agreement requiring that--
       ``(A) grant funds are only used only activities consistent 
     with this section; and
       ``(B) failure to comply with such requirement shall result 
     in termination of the grant without further fiscal obligation 
     to the United States.
       ``(3) Each grant agreement under this section shall require 
     that each contract entered into by the Open Technology Fund 
     specify that all obligations are assumed by the grantee and 
     not by the United States Government.
       ``(4) Each grant agreement under this section shall require 
     that any lease agreements entered into by the Open Technology 
     Fund shall be, to the maximum extent possible, assignable to 
     the United States Government.
       ``(5) Administrative and managerial costs for operation of 
     the Open Technology Fund--
       ``(A) should be kept to a minimum; and
       ``(B) to the maximum extent feasible, should not exceed the 
     costs that would have been incurred if the Open Technology 
     Fund had been operated as a Federal entity rather than as a 
     grantee.
       ``(6) Grant funds may not be used for any activity whose 
     purpose is influencing the passage or defeat of legislation 
     considered by Congress.
       ``(e) Relationship to the United States Agency for Global 
     Media.--
       ``(1) In general.--The Open Technology Fund shall be 
     subject to the oversight and governance by the United States 
     Agency for Global Media in accordance with section 305.
       ``(2) Assistance.--The United States Agency for Global 
     Media, its broadcast entities, and the Open Technology Fund 
     should render such assistance to each other as may be 
     necessary to carry out the purposes of this section or any 
     other provision under this Act.
       ``(3) Not a federal agency or instrumentality.--Nothing in 
     this section may be construed to make the Open Technology 
     Fund an agency or instrumentality of the Federal Government.

[[Page S4075]]

       ``(4) Detailees.--Employees of a grantee of the United 
     States Agency for Global Media may be detailed to the Agency, 
     in accordance with the Intergovernmental Personnel Act of 
     1970 (42 U.S.C. 4701 et seq.) and Federal employees may be 
     detailed to a grantee of the United States Agency for Global 
     Media, in accordance with such Act.
       ``(f) Relationship to Other United States Government-funded 
     Internet Freedom Programs.--The United States Agency for 
     Global Media shall ensure that internet freedom research and 
     development projects of the Open Technology Fund are 
     deconflicted with internet freedom programs of the Department 
     of State and other relevant United States Government 
     departments. Agencies should still share information and best 
     practices relating to the implementation of subsections (b) 
     and (c).
       ``(g) Reporting Requirements.--
       ``(1) Annual report.--The Open Technology Fund shall 
     highlight, in its annual report, internet freedom activities, 
     including a comprehensive assessment of the Open Technology 
     Fund's activities relating to the implementation of 
     subsections (b) and (c), which shall include--
       ``(A) an assessment of the current state of global internet 
     freedom, including--
       ``(i) trends in censorship and surveillance technologies 
     and internet shutdowns; and
       ``(ii) the threats such pose to journalists, citizens, and 
     human rights and civil society organizations; and
       ``(B) a description of the technology projects supported by 
     the Open Technology Fund and the associated impact of such 
     projects in the most recently completed year, including--
       ``(i) the countries and regions in which such technologies 
     were deployed;
       ``(ii) any associated metrics indicating audience usage of 
     such technologies; and
       ``(iii) future-year technology project initiatives.
       ``(2) Assessment of the effectiveness of the open 
     technology fund.--Not later than 2 years after the date of 
     the enactment of this section, the Inspector General of the 
     Department of State and the Foreign Service shall submit a 
     report to the appropriate congressional committees that 
     indicates--
       ``(A) whether the Open Technology Fund is--
       ``(i) technically sound;
       ``(ii) cost effective; and
       ``(iii) satisfying the requirements under this section; and
       ``(B) the extent to which the interests of the United 
     States are being served by maintaining the work of the Open 
     Technology Fund.
       ``(h) Audit Authorities.--
       ``(1) In general.--Financial transactions of the Open 
     Technology Fund that relate to functions carried out under 
     this section may be audited by the Government Accountability 
     Office in accordance with such principles and procedures and 
     under such rules and regulations as may be prescribed by the 
     Comptroller General of the United States. Any such audit 
     shall be conducted at the place or places at which accounts 
     of the Open Technology Fund are normally kept.
       ``(2) Access by gao.--The Government Accountability Office 
     shall have access to all books, accounts, records, reports, 
     files, papers, and property belonging to or in use by the 
     Open Technology Fund pertaining to financial transactions as 
     may be necessary to facilitate an audit. The Government 
     Accountability Office shall be afforded full facilities for 
     verifying transactions with any assets held by depositories, 
     fiscal agents, and custodians. All such books, accounts, 
     records, reports, files, papers, and property of the Open 
     Technology Fund shall remain in the possession and custody of 
     the Open Technology Fund.
       ``(3) Exercise of authorities.--Notwithstanding any other 
     provision of law, the Inspector General of the Department of 
     State and the Foreign Service is authorized to exercise the 
     authorities of the Inspector General Act of 1978 with respect 
     to the Open Technology Fund.''.
       (2) Conforming amendments.--The United States International 
     Broadcasting Act of 1994 is amended--
       (A) in section 304(d) (22 U.S.C. 6203(d)), by inserting 
     ``the Open Technology Fund,'' before ``the Middle East 
     Broadcasting Networks'';
       (B) in sections 305(a)(20) and 310(c) (22 U.S.C. 
     6204(a)(20) and 6209(c)), by inserting ``the Open Technology 
     Fund,'' before ``or the Middle East Broadcasting Networks'' 
     each place such term appears; and
       (C) in section 310 (22 U.S.C. 6209), by inserting ``the 
     Open Technology Fund,'' before ``and the Middle East 
     Broadcasting Networks'' each place such term appears.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated for the Open Technology Fund, which shall 
     be used to carry out section 309A of the United States 
     International Broadcasting Act of 1994, as added by paragraph 
     (1)--
       (A) $20,000,000 for fiscal year 2021; and
       (B) $25,000,000 for fiscal year 2022.
       (e) United States Advisory Commission on Public 
     Diplomacy.-- Section 1334 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (22 U.S.C. 6553) is amended by 
     striking ``October 1, 2020'' and inserting ``October 1, 
     2025''.
                                 ______
                                 
  SA 2379. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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 NATIVE AMERICAN AFFAIRS.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended--
       (1) in section 4(b)(1) (15 U.S.C. 633(b)(1)) by adding at 
     the end the following: ``One such Associate Administrator 
     shall be the Associate Administrator of the Office of Native 
     American Affairs established under section 49(b).'';
       (2) by redesignating section 49 (15 U.S.C. 631 note) as 
     section 50; and
       (3) by inserting after section 48 (15 U.S.C. 657u) the 
     following:

     ``SEC. 49. NATIVE AMERICAN OUTREACH PROGRAM.

       ``(a) Definitions.--In this section--
       ``(1) the term `Associate Administrator' means the 
     Associate Administrator appointed under subsection (b)(2);
       ``(2) the terms `Indian tribe' and `Native Hawaiian 
     Organization' have the meanings given those terms in section 
     8(a);
       ``(b) Office of Native American Affairs.--
       ``(1) Establishment.--There is established within the 
     Administration the Office of Native American Affairs, which, 
     under the direction of the Associate Administrator, shall 
     implement the programs of the Administration to provide 
     Native American outreach assistance.
       ``(2) Associate administrator.--
       ``(A) Appointment.--The Administrator shall appoint a 
     qualified individual to serve as Associate Administrator of 
     the Office of Native American Affairs in accordance with this 
     paragraph.
       ``(B) Qualifications.--The Associate Administrator shall 
     have--
       ``(i) knowledge of Native American cultures; and
       ``(ii) experience providing culturally tailored small 
     business development assistance to Native Americans.
       ``(C) Employment status.--The Associate Administrator 
     shall--
       ``(i) be compensated at a rate not to exceed level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code; and
       ``(ii) report and be directly responsible to the 
     Administrator.
       ``(D) Responsibilities and duties.--The Associate 
     Administrator shall--
       ``(i) administer and manage the Native American outreach 
     program described in subsection (c);
       ``(ii) act as an ombudsman for Native Americans in all 
     programs of the Administration;
       ``(iii) enhance assistance to Native Americans by--

       ``(I) formulating and promoting policies, programs and 
     assistance that better address their entrepreneurial, capital 
     access, business development and contracting needs;
       ``(II) collaborating with the Associate Administrators of 
     the Administration, including the Associate Administrators of 
     Capital Access, Government Contracting and Business 
     Development, and Entrepreneurial Development, on the 
     development of policies and plans to implement Administration 
     programs in ways that better serve identified capital access, 
     government contracting, and business and entrepreneurial 
     development needs;

       ``(iv) execute policies and plans formulated and developed 
     under this section and section 1103 of the Coronavirus Aid, 
     Relief and Economic Security Act (Public Law 116-136); and
       ``(v) recommend the annual administrative and program 
     budgets for the Office of Native American Affairs.
       ``(c) Outreach Program.--
       ``(1) In general.--The Associate Administrator shall carry 
     out an outreach program to provide assistance to--
       ``(A) Indian tribes and Native Hawaiian Organizations, as 
     defined section 8(a); and
       ``(B) small business concerns owned and controlled by 
     individuals who are members of an Indian tribe or a Native 
     Hawaiian Organization or who are Alaska Native or Native 
     Hawaiian.
       ``(2) Assistance.--In carrying out the outreach program 
     under this subsection, the Associate Administrator may--
       ``(A) provide financial assistance by grant, contract, 
     cooperative agreement, or other assistance to deploy training 
     and educational outreach through business development 
     workshops and other mechanisms to advance the start up, 
     operation, financing, and expansion of small business 
     concerns owned and controlled by individuals who are members 
     of an Indian tribe or a Native Hawaiian Organization or who 
     are Alaska Native or Native Hawaiian;
       ``(B) hold Tribal consultations to solicit input and 
     provide interested parties an opportunity to discuss 
     potential modifications to programs of the Administration, 
     including the program under section 8(a) and the HUBZone 
     program under section 31; and
       ``(C) provide such other assistance as the Associate 
     Administrator may determine necessary.''.
       (b) Transfer Provisions.--Effective on the date of 
     enactment of this Act--

[[Page S4076]]

       (1) the Office of Native American Affairs of the Small 
     Business Administration, as in effect on the day before the 
     date of enactment of this Act, shall be known as the Office 
     of Native American Affairs of the Small Business 
     Administration, as established under section 49 of the Small 
     Business Act, as added by subsection (a);
       (2) the Office of Native American Affairs of the Small 
     Business Administration, as established under section 49 of 
     the Small Business Act, as added by subsection (a), shall 
     retain the functions, personnel, assets, and liabilities held 
     by, acquired, or incurred before the date of enactment of 
     this Act the Office of Native American Affairs of the Small 
     Business Administration, as in effect on the day before the 
     date of enactment of this Act; and
       (3) the individual serving as Associate Administrator of 
     the Office of Native American Affairs of the Small Business 
     Administration, as in effect on the day before the date of 
     enactment of this Act, shall continue to serve as the 
     Associate Administrator appointed under section 49 of the 
     Small Business Act, as added by subsection (a), until a 
     successor is appointed.
                                 ______
                                 
  SA 2380. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 2301 proposed by Mr. 
Inhofe to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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 COSTS AND BENEFITS OF MAINTAINING A 
                   MINIMUM OF 12 PRIMARY AIRCRAFT AUTHORIZED FOR 
                   EACH TYPE OF SPECIALTY MISSION AIRCRAFT.

       (a) Sense of Senate.--It is the sense of the Senate that it 
     is important to maintain safety and increase mission 
     readiness and interoperability of the weather reconnaissance, 
     aerial spray, and firefighting system specialty mission 
     capabilities of the Air Force Reserve Command.
       (b) Report.--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 on 
     the costs and benefits of maintaining a minimum of 12 primary 
     aircraft authorized for each type of specialty mission 
     aircraft.
                                 ______
                                 
  SA 2381. Mr. SCOTT, of Florida submitted an amendment intended to be 
proposed by him to the bill S. 4116, to extend the authority for 
commitments for the paycheck protection program and separate amounts 
authorized for other loans under section 7(a) of the Small Business 
Act, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 2. AMENDMENTS TO THE PAYCHECK PROTECTION PROGRAM.

       (a) In General.--Section 7(a)(36)(G) of the Small Business 
     Act (15 U.S.C. 636(a)(36)(G)) is amended--
       (1) in clause (i)--
       (A) by striking subclause (I); and
       (B) by redesignating subclauses (II), (III), and (IV) as 
     subclauses (I), (II), and (III), respectively; and
       (2) by adding at the end the following:
       ``(ii) Substantial reduction in revenue.--An eligible 
     recipient shall not receive a covered loan unless the 
     eligible recipient demonstrates that the eligible recipient 
     has incurred a substantial reduction in revenue due to COVID-
     19.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to a loan under section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) made after the date of 
     enactment of this Act.
       (c) Rulemaking or Guidance.--
       (1) In general.--Not later than 7 days after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Administrator of the Small Business 
     Administration, shall issue a rule or guidance defining a 
     substantial reduction in revenue, as used in clause (ii) of 
     section 7(a)(36)(G) of the Small Business Act (15 U.S.C. 
     636(a)(G)), as added by subsection (a), which shall include 
     the documentation necessary to verify a substantial reduction 
     in revenue.
       (2) Exemption from rulemaking requirements.--The notice and 
     comment requirements under section 553 of title 5, United 
     States Code, shall not apply with respect to the rule or 
     guidance issued under paragraph (1).
                                 ______
                                 
  SA 2382. 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 G of title XII of division A, add 
     the following:

     SEC. 1287. IMPROVING PANDEMIC PREPAREDNESS AND RESPONSE 
                   THROUGH DIPLOMACY.

       (a) Short Title.--This section may be cited as the 
     ``Improving Pandemic Preparedness and Response Through 
     Diplomacy Act''.
       (b) Findings.--Congress finds the following:
       (1) According to the annual report of the Global 
     Preparedness Monitoring Board (an independent panel of 
     experts convened by the World Bank Group and the World Health 
     Organization), ``The world is at acute risk for devastating 
     regional or global disease epidemics or pandemics that not 
     only cause loss of life but upend and create social chaos.''.
       (2) The World Health Organization--
       (A) declared the outbreak of the novel coronavirus disease 
     2019 (COVID-19) a Public Health Emergency of International 
     Concern on January 30, 2020;
       (B) raised its global risk assessment to ``Very High'' on 
     February 28, 2020; and
       (C) ultimately declared the outbreak a pandemic on March 
     11, 2020.
       (3) The risks associated with future outbreaks of 
     infections disease and other global health emergencies, 
     whether naturally-occurring, accidental, or deliberate, are 
     increasing due to a number of factors, including--
       (A) the spillover of pathogens from animals to humans;
       (B) the development of antimicrobial resistance;
       (C) population growth and resulting strains on the 
     environment;
       (D) urbanization;
       (E) international travel and trade;
       (F) forced and voluntary migration;
       (G) climate change;
       (H) weak public health infrastructures; and
       (I) potential acts of bioterrorism.
       (4) Vulnerable populations, including those who live in 
     poverty and in countries with weak public health and 
     government infrastructure, and at-risk groups, such as the 
     sick, older people, ethnic and religious minorities, women, 
     people with disabilities, LGBTQ people, indigenous, migrants, 
     refugees, and children, are particularly susceptible to the 
     outbreak of infectious disease and its consequences.
       (5) According to an April 2020 report of the International 
     Monetary Fund--
       (A) ``It is very likely that this year the global economy 
     will experience its worst recession since the Depression, 
     surpassing that seen during the global financial crisis a 
     decade ago.''; and
       (B) ``As a result of the pandemic, the global economy is 
     projected to contract sharply by 3% in 2020.''.
       (6) As of May 14, 2020, the Department of Labor estimated 
     that 36,500,000 workers filed for first-time unemployment 
     claims during the previous 8 weeks, which coincides with the 
     timeframe during which the impact of the coronavirus became 
     widespread across the United States.
       (7) The United States Government, along with the medical, 
     scientific, and public health communities, has historically 
     promoted global public health through--
       (A) multilateral cooperation;
       (B) funding of relevant research activities; and
       (C) the provision of development assistance to prepare for, 
     detect, respond to, and recover from the outbreak of 
     infectious disease.
       (8) The Global Health Security Agenda is a multi-faceted, 
     multi-country initiative intended to improve partner 
     countries' measurable capabilities to prevent, detect, and 
     respond to infectious disease, which the United States is 
     committed to advancing.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) no country, acting alone, can effectively protect the 
     health and safety of all its people from the outbreak and 
     spread of infectious disease and other global health 
     emergencies;
       (2) efforts to prepare for, detect, respond to, and recover 
     from disease outbreaks and pandemics globally--
       (A) are in the interests of the United States; and
       (B) are consistent with the promotion of core values of 
     peace, prosperity, health, and equal dignity and rights of 
     all peoples;
       (3) robust diplomacy, including multilateral diplomacy and 
     development assistance, is an essential part of a well-
     coordinated, whole-of-government strategy to prepare for, 
     detect, respond to, and recover from disease outbreak and 
     spread and other global health emergencies; and
       (4) support for, and active participation in, multilateral 
     organizations, such as the United Nations and the World 
     Health Organization, enhance the efforts of the United States 
     to prepare for, detect, respond to, and recover from disease 
     outbreaks and pandemics, both domestically and globally.
       (d) Special Presidential Envoy for Pandemic Preparedness 
     and Response.--
       (1) Defined term.--In this subsection, the term 
     ``appropriate congressional committees'' means--
       (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 Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Armed Services of the Senate;

[[Page S4077]]

       (E) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       (F) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (G) the Select Committee on Intelligence of the Senate;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the Committee on Ways and Means of the House of 
     Representatives;
       (J) the Committee on Energy and Commerce of the House of 
     Representatives;
       (K) the Committee on Education and Labor of the House of 
     Representatives;
       (L) the Committee on Homeland Security of the House of 
     Representatives;
       (M) the Committee on Armed Services of the House of 
     Representatives;
       (N) the Committee on Agriculture of the House of 
     Representatives; and
       (O) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Office of the special presidential envoy.--There is 
     established in the Office of the Secretary of State, an 
     Office of the Special Presidential Envoy, which--
       (A) shall be led by the Special Presidential Envoy for 
     Pandemic Preparedness and Response (referred to in this 
     section as the ``Special Presidential Envoy'') appointed 
     pursuant to paragraph (3);
       (B) shall be staffed with--
       (i) detailees from the bureaus and offices under the 
     jurisdiction of the Under Secretary for Economic Growth, 
     Energy, and the Environment;
       (ii) detailees from the Bureau of Oceans and International 
     Environmental and Scientific Affairs; and
       (iii) any other Department of State personnel the Secretary 
     considers necessary.
       (3) Appointment.--The President, in consultation with the 
     Secretary of State and the Secretary of Health and Human 
     Services, shall appoint a Special Presidential Envoy for 
     Pandemic Preparedness and Response, who shall have the rank 
     and status of Ambassador-at-Large.
       (4) Qualifications.--The Special Presidential Envoy shall 
     have extensive experience in global public health, diplomacy, 
     medicine, or a related field.
       (5) Duties.--
       (A) In general.--The principal duty of the Special 
     Presidential Envoy shall be the overall supervision, 
     including policy oversight of resources, of diplomatic 
     efforts to prepare for, detect, respond to, and recover from 
     pandemics and other global outbreaks of infectious disease. 
     The Special Presidential Envoy shall exercise such powers as 
     the Secretary of State may prescribe.
       (B) Strategy development.--The Special Presidential Envoy 
     shall develop, and, in coordination with the heads of 
     relevant departments and agencies, direct the implementation 
     of the diplomatic strategy described in subsection (e).
       (6) Reports.--
       (A) Report on covid-19 pandemic.--Not later than 30 days 
     after the date of the enactment of this Act, and quarterly 
     thereafter, the Special Presidential Envoy shall submit a 
     report to the appropriate congressional committees that 
     describes his or her efforts to develop and implement a 
     diplomatic strategy comprised of the elements specified in 
     section 5 with respect to the COVID-19 pandemic.
       (B) General report.--Not later than 90 days after the date 
     of the enactment of this Act, and every 180 days thereafter, 
     the Special Presidential Envoy shall submit a report to the 
     appropriate congressional committees that describes his or 
     her efforts to develop and implement a diplomatic strategy 
     comprised of the elements specified in section 5 with respect 
     to any and all future outbreaks of infectious disease or 
     pandemics.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated $10,000,000 for the Office of the Special 
     Presidential Envoy to carry out this subsection.
       (e) Elements of Diplomatic Strategy.--The diplomatic 
     strategy to prepare for, detect, respond to, and recover from 
     pandemics and other global outbreaks of infectious disease 
     should address--
       (1) the development of medical countermeasures, including 
     vaccines, antimicrobials, therapeutics, and diagnostics for 
     emerging infectious diseases;
       (2) zoonotic disease prevention, detection, and response;
       (3) the development of disease surveillance systems;
       (4) the promotion of disease reporting and greater 
     transparency of disease-related information;
       (5) increasing the capabilities and capacity of national 
     laboratories;
       (6) combating the spread of antimicrobial resistant 
     microorganisms;
       (7) scientific workforce development and training;
       (8) the mitigation of, disruptions to, and other issues 
     related to, global medical supply chains;
       (9) efforts to prevent the outbreak and spread of 
     infectious diseases among displaced persons and other 
     vulnerable populations;
       (10) the development and use of standards and best 
     practices for the imposition and lifting of disease 
     mitigation measures, including travel restrictions, social 
     distancing, quarantining, and other restrictions on economic 
     and social activities; and
       (11) efforts to combat the spread of disinformation and 
     racial discrimination related to the outbreak and spread of 
     infectious disease.
       (f) Interagency Steering Committee.--
       (1) In general.--The Secretary of State, acting through the 
     Special Presidential Envoy for Pandemic Preparedness and 
     Response, shall regularly convene an interagency steering 
     committee to aid in the development, coordination, and 
     implementation of the diplomatic strategy described in 
     subsection (e).
       (2) Membership.--The interagency steering committee 
     referred to in paragraph (1)--
       (A) should be led by the Special Presidential Envoy; and
       (B) shall include, as members--
       (i) the Assistant Secretary of State for Oceans and 
     International Environmental and Scientific Affairs;
       (ii) the Global AIDS Coordinator and United States Special 
     Representative for Global Health Diplomacy;
       (iii) any other Department of State personnel the Secretary 
     considers necessary;
       (iv) the Director of the Office of Global Affairs of the 
     Department of Health and Human Services; and
       (v) at least 1 representative from each of the following 
     agencies:

       (I) The United States Agency for International Development.
       (II) The Department of Health and Human Services.
       (III) The Centers for Disease Control and Prevention.
       (IV) The National Institutes of Health.
       (V) The Department of Agriculture.
       (VI) The Department of Homeland Security.
       (VII) The Department of the Treasury.
       (VIII) The Department of Commerce.
       (IX) The Office of the United States Trade Representative.
       (X) The Department of Labor.
       (XI) The White House Office of Science and Technology 
     Policy.
       (XII) The Office of the Director of National Intelligence.
       (XIII) The Department of Defense.

       (g) Outside Panel of Experts.--
       (1) In general.--The Secretary of State, acting through the 
     Special Presidential Envoy for Pandemic Preparedness and 
     Response, shall regularly convene an outside panel of 
     experts--
       (A) to advise the Special Presidential Envoy regarding 
     scientific, technical, and other policy matters; and
       (B) to make recommendations for the development and 
     implementation of the diplomatic strategy described in 
     subsection (e).
       (2) Composition.--The Special Presidential Envoy, in 
     consultation with the interagency steering committee 
     established pursuant to subsection (f), shall determine who 
     will be included on the panel convened pursuant to paragraph 
     (1).
       (3) Applicability of faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App. shall not apply to the panel convened 
     pursuant to paragraph (1).
       (h) Honoring Financial Commitments to the World Health 
     Organization.--Subject to the availability of appropriations, 
     but notwithstanding any other provision of law, the Secretary 
     of the Treasury shall remit all United States assessed 
     contributions to the World Health Organization not later than 
     the date on which such contributions are due and payable.
                                 ______
                                 
  SA 2383. 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 end of subtitle G of title XII, add the following:

     SEC. 1287. SUPPORT FOR A ROBUST GLOBAL RESPONSE TO THE COVID-
                   19 PANDEMIC.

       (a) United States Policies at the International Financial 
     Institutions.--
       (1) In general.--The Secretary of the Treasury shall 
     instruct the United States Executive Director of each 
     international financial institution (as defined in section 
     1701(c)(2) of the International Financial Institutions Act 
     (22 U.S.C. 262r(c)(2)) to use the voice and vote of the 
     United States at that institution--
       (A) to seek to ensure adequate fiscal space for world 
     economies in response to the global coronavirus disease 2019 
     (commonly referred to as ``COVID-19'') pandemic through--
       (i) the suspension of all debt service payments to the 
     institution; and
       (ii) the relaxation of fiscal targets for any government 
     operating a program supported by the institution, or seeking 
     financing from the institution, in response to the pandemic;
       (B) to oppose the approval or endorsement of any loan, 
     grant, document, or strategy that would lead to a decrease in 
     health care spending or in any other spending that would 
     impede the ability of any country to prevent or contain the 
     spread of, or treat persons who are or may be infected with, 
     the SARS-CoV-2 virus; and
       (C) to require approval of all Special Drawing Rights 
     allocation transfers from wealthier member countries to 
     countries that are emerging markets or developing countries, 
     based on confirmation of implementable transparency 
     mechanisms or protocols to ensure the allocations are used 
     for the public good and in response the global pandemic.

[[Page S4078]]

       (2) IMF issuance of special drawing rights.--The Secretary 
     of the Treasury shall instruct the United States Executive 
     Director of the International Monetary Fund to use the voice 
     and vote of the United States to support the issuance of a 
     special allocation of not less than 2,000,000,000,000 Special 
     Drawing Rights so that governments are able to access 
     additional resources to finance their responses to the global 
     COVID-19 pandemic.
       (b) Report Required.--The Chairman of the National Advisory 
     Council on International Monetary and Financial Policies 
     shall include in the annual report required by section 1701 
     of the International Financial Institutions Act (22 U.S.C. 
     262r) a description of progress made toward advancing the 
     policies described in subsection (a).
       (c) Termination.--Subsections (a) and (b) shall have no 
     force or effect after the earlier of--
       (1) the date that is one year after the date of the 
     enactment of this Act; or
       (2) the date that is 30 days after the date on which the 
     Secretary of the Treasury submits to the Committee on Foreign 
     Relations of the Senate and the Committee on Financial 
     Services of the House of Representatives a report stating 
     that the SARS-CoV-2 virus is no longer a serious threat to 
     public health in any part of the world.
                                 ______
                                 
  SA 2384. 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 E of title VIII, add the following:

     SEC. __. PERMANENCY OF SBIR AND STTR PROGRAMS.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended--
       (1) in the subsection heading, by striking ``Termination'' 
     and inserting ``SBIR Program Authorization''; and
       (2) by striking ``terminate on September 30, 2022'' and 
     inserting ``be in effect for each fiscal year''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``through fiscal 
     year 2022''.
                                 ______
                                 
  SA 2385. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. RESPONSE TO RELEASE OF PERFLUOROALKYL SUBSTANCES 
                   AND POLYFLUOROALKYL SUBSTANCES BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) Perfluoroalkyl and Polyfluoroalkyl Substances Task 
     Force.--
       (1) In general.--The Secretary of Defense shall establish a 
     task force to address the effects of the release of 
     perfluoroalkyl substances and polyfluoroalkyl substances from 
     activities of the Department of Defense (in this subsection 
     referred to as the ``PFAS Task Force'').
       (2) Membership.--The members of the PFAS Task Force are the 
     following:
       (A) The Assistant Secretary of Defense for Sustainment.
       (B) The Assistant Secretary of the Army for Installations, 
     Energy, and Environment.
       (C) The Assistant Secretary of the Navy for Energy, 
     Installations, and Environment.
       (D) The Assistant Secretary of the Air Force for 
     Installations, Environment, and Energy.
       (E) A liaison from the Department of Veterans Affairs to be 
     determined by the Secretary of Veterans Affairs.
       (3) Chairman.--The Assistant Secretary of Defense for 
     Sustainment shall be the chairman of the PFAS Task Force.
       (4) Support.--The Under Secretary of Defense for Personnel 
     and Readiness and such other individuals as the Secretary of 
     Defense considers appropriate shall support the activities of 
     the PFAS Task Force.
       (5) Duties.--The duties of the PFAS Task Force are the 
     following:
       (A) Analysis of the health aspects of exposure to 
     perfluoroalkyl substances and polyfluoroalkyl substances.
       (B) Establishment of clean-up standards and performance 
     requirements relating to mitigating the effects of the 
     release of perfluoroalkyl substances and polyfluoroalkyl 
     substances.
       (C) Finding and funding the procurement of an effective 
     substitute firefighting foam without perfluoroalkyl 
     substances or polyfluoroalkyl substances.
       (D) Establishment of standards that are supported by 
     science for determining exposure to and ensuring clean up of 
     perfluoroalkyl substances and polyfluoroalkyl substances.
       (E) Establishment of interagency coordination with respect 
     to mitigating the effects of the release of perfluoroalkyl 
     substances and polyfluoroalkyl substances.
       (6) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and semiannually thereafter, the 
     Chairman of the PFAS Task Force shall submit to Congress a 
     report on the activities of the task force.
       (b) Blood Testing for Members of the Armed Forces and Their 
     Dependents to Determine Exposure to Perfluoroalkyl and 
     Polyfluoroalkyl Substances.--
       (1) In general.--Beginning on October 1, 2020, the 
     Secretary of Defense shall make available, on an annual 
     basis, to each member of the Armed Forces and their 
     dependents blood testing to determine and document potential 
     exposure to perfluoroalkyl substances and polyfluoroalkyl 
     substances (commonly known as ``PFAS'').
       (2) Dependent defined.--In this subsection, the term 
     ``dependent'' has the meaning given that term in section 
     1072(2) of title 10, United States Code.
       (c) Offset.--The amount authorized to be appropriated by 
     this Act for fiscal year 2021 for operation and maintenance 
     for the Air Force, SAG 12C, other combat operations support 
     programs, is hereby reduced by $100,000,000.
                                 ______
                                 
  SA 2386. Mrs. GILLIBRAND (for herself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 2301 proposed by Mr. 
Inhofe to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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, 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 Air Force, SAG 12C, shall be reduced by $65,600,000.
                                 ______
                                 
  SA 2387. Mr. UDALL submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. ____. INDIAN WATER RIGHTS SETTLEMENT EXTENSION.

       Section 10501 of the Omnibus Public Land Management Act of 
     2009 (43 U.S.C. 407) is amended--
       (1) in subsection (b)(1), by inserting ``and for each of 
     fiscal years 2031 through 2040'' after ``fiscal years 2020 
     through 2029'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Expenditures.--
       ``(i) In general.--Subject to subparagraph (B)--

       ``(I) for each of fiscal years 2020 through 2029, the 
     Secretary may expend from the Fund an amount not to exceed 
     $120,000,000, plus the interest accrued from the Fund, for 
     the fiscal year in which expenditures are made pursuant to 
     paragraphs (2) and (3); and
       ``(II) subject to clause (ii), for each of fiscal years 
     2031 through 2045, the Secretary may expend from the Fund an 
     amount not to exceed $120,000,000, plus the interest accrued 
     in the Fund, for the fiscal year in which expenditures are 
     made pursuant to paragraph (2).

[[Page S4079]]

       ``(ii) Limitation.--Of the amount described in clause 
     (i)(II) for each of fiscal years 2031 through 2045, the 
     Secretary may expend an amount not to exceed $90,000,000 for 
     an individual Indian water rights settlement, unless the 
     Secretary determines that an expenditure of more than 
     $90,000,000 would not adversely affect the funding of the 
     implementation of other congressionally approved settlement 
     agreements.'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``litigation involving the United States, if 
     the settlement agreement or implementing legislation requires 
     the Bureau of Reclamation'' and inserting ``claims concerning 
     Indian water resources, if the settlement agreement or 
     implementing legislation authorizes the Secretary''; and
       (C) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) in clause (i)--

       (aa) in subclause (I), by striking ``the entire period in 
     which the Fund is in existence'' and inserting ``the period 
     of fiscal years 2020 through 2029''; and
       (bb) in subclause (II), by inserting ``during the period of 
     fiscal years 2020 through 2029'' after ``into the Fund''; and

       (II) in clause (ii), by inserting ``or are deposited into 
     the Fund after fiscal year 2029'' after ``subparagraph (B)'';

       (ii) in subparagraph (B), in clauses (i)(II)(bb), 
     (iii)(II)(bb), and (iv)(II)(bb), by striking ``the entire 
     period in which the Fund is in existence'' each place it 
     appears and inserting ``the period of fiscal years 2020 
     through 2029'';
       (iii) in subparagraph (C)--

       (I) by striking ``December 31, 2019'' and inserting 
     ``December 31, 2021''; and
       (II) by striking ``for any authorized use'' and inserting 
     ``for any use authorized under paragraph (2)''; and

       (iv) by adding at the end the following:
       ``(D) Sufficiency of funds.--The Secretary may use amounts 
     in the Fund in a fiscal year for multiple settlements under 
     subparagraph (B), without regard to the priorities described 
     in clauses (ii) through (iv) of subparagraph (B), to ensure 
     that sufficient funds are available to meet the 
     enforceability date or substantial completion date of a 
     settlement.''; and
       (3) in subsection (f), by striking ``September 30, 2034'' 
     and inserting ``September 30, 2045''.
                                 ______
                                 
  SA 2388. Mr. PERDUE (for Mr. Merkley) proposed an amendment to the 
bill S. 3758, to amend the Klamath Basin Water Supply Enhancement Act 
of 2000 to make certain technical corrections; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. 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. 2. 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.

                          ____________________