[Congressional Record Volume 166, Number 127 (Monday, July 20, 2020)]
[Senate]
[Pages S4271-S4306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2436. Mr. GRASSLEY 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 E of title III, insert the 
     following:

     SEC. 382. EXTENSION OF PERIOD OF TEMPORARY AUTHORITY TO 
                   EXTEND CONTRACTS AND LEASES UNDER THE ARMS 
                   INITIATIVE.

         Section 343 of the National Defense Authorization Act for 
     Fiscal Year 2016 (10 U.S.C. 7554 note) is amended by striking 
     ``the date that is five years after the date of the enactment 
     of this Act'' and inserting ``November 25, 2025,''.
                                 ______
                                 
  SA 2437. Ms. KLOBUCHAR (for herself and Mr. Rounds) 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 VII, add the following:

     SEC. 752. EVALUATION OF EXPOSURE TO OPEN BURN PITS AND TOXIC 
                   AIRBORNE CHEMICALS OR OTHER AIRBORNE 
                   CONTAMINANTS FOR MEMBERS OF THE ARMED FORCES 
                   AND VETERANS WHO HAVE TESTED POSITIVE FOR A 
                   PANDEMIC VIRUS AND INCLUSION OF INFORMATION IN 
                   REGISTRY.

       (a) Evaluation of Dual Exposure.--
       (1) Department of defense.--The Secretary of Defense shall 
     ensure that the first health assessment conducted by the 
     Department of Defense for a member of the Armed Forces after 
     the member tested positive for a virus certified by the 
     Federal Government as a pandemic includes an evaluation 
     described in paragraph (3).
       (2) Department of veterans affairs.--The Secretary of 
     Veterans Affairs shall ensure that the first health care 
     examination conducted for a veteran under the laws 
     administered by the Secretary after the veteran tested 
     positive for a virus certified by the Federal Government as a 
     pandemic includes an evaluation described in paragraph (3).
       (3) Evaluation described.--An evaluation described in this 
     paragraph conducted with respect to an individual is an 
     evaluation of whether the individual has been--
       (A) based or stationed at a location where an open burn pit 
     was used; or
       (B) exposed to toxic airborne chemicals or other airborne 
     contaminants relating to service in the Armed Forces, 
     including an evaluation of any information recorded as part 
     of the Airborne Hazards and Open Burn Pit Registry.
       (4) Inclusion in medical records.--If the Secretary of 
     Defense or the Secretary of Veterans Affairs, pursuant to an 
     evaluation conducted under this subsection, determines that 
     an individual who tested positive for a virus certified by 
     the Federal Government as a pandemic was also based or 
     stationed at a location where an open burn pit was used or 
     exposed to toxic airborne chemicals or other airborne 
     contaminants relating to service in the Armed Forces, the 
     Secretary of Defense or the Secretary of Veterans Affairs, as 
     the case may be, shall include in the medical record of the 
     individual information regarding the positive test result and 
     the exposure to burn pits or other airborne chemicals or 
     contaminants.
       (b) Inclusion of Individuals in Registry.--
       (1) In general.--If an evaluation conducted under 
     subsection (a) with respect to an individual establishes that 
     the individual was based or stationed at a location where an 
     open burn pit was used, or that the individual was exposed to 
     toxic airborne chemicals or other airborne contaminants, the 
     individual shall be enrolled in the Airborne Hazards and Open 
     Burn Pit Registry unless the member elects to not enroll in 
     such registry.
       (2) Mechanism for enrollment.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall establish a mechanism for the 
     enrollment of individuals in the Airborne Hazards and Open 
     Burn Pit Registry under paragraph (1).
       (c) Rule of Construction.--Nothing in this section may be 
     construed to preclude eligibility of a veteran for benefits 
     under the laws administered by the Secretary of Veterans 
     Affairs by reason of the history of exposure of the veteran 
     to an open burn pit not being recorded in an evaluation 
     conducted under subsection (a).
       (d) Definitions.--In this section:
       (1) Airborne hazards and open burn pit registry.--The term 
     ``Airborne Hazards and Open Burn Pit Registry'' means the 
     registry established by the Secretary of Veterans Affairs 
     under section 201 of the Dignified Burial and Other Veterans' 
     Benefits Improvement Act of 2012 (Public Law 112-260; 38 
     U.S.C. 527 note).
       (2) Open burn pit.--The term ``open burn pit'' has the 
     meaning given that term in section 201(c) of the Dignified 
     Burial and Other Veterans' Benefits Improvement Act of 2012 
     (Public Law 112-260; 38 U.S.C. 527 note).

     SEC. 753. STUDY ON IMPACT OF VIRAL PANDEMICS ON MEMBERS OF 
                   ARMED FORCES AND VETERANS WHO HAVE EXPERIENCED 
                   TOXIC EXPOSURE.

       (a) In General.--The Secretary of Veterans Affairs, in 
     consultation with the Secretary of Defense, shall conduct a 
     study, through the Airborne Hazards and Burn Pits Center of 
     Excellence (in this section referred to as the ``Center''), 
     on the health impacts of infection with a virus designated as 
     a global pandemic, including a coronavirus, to members of the 
     Armed Forces and veterans who have been exposed to open burn 
     pits and other toxic exposures for the purposes of 
     understanding the health impacts of the virus and whether 
     individuals infected with the virus are at increased risk of 
     severe symptoms due to previous conditions linked to toxic 
     exposure.

[[Page S4272]]

       (b) Preparation for Future Pandemic.--The Secretary of 
     Veterans Affairs, through the Center, shall analyze potential 
     lessons learned through the study conducted under subsection 
     (a) to assist in preparing the Department of Veterans Affairs 
     for potential future pandemics.
       (c) Definitions.--In this section:
       (1) Coronavirus.--The term ``coronavirus'' has the meaning 
     given that term in section 506 of the Coronavirus 
     Preparedness and Response Supplemental Appropriations Act, 
     2020 (Public Law 116-123).
       (2) Open burn pit.--The term ``open burn pit'' has the 
     meaning given that term in section 201(c) of the Dignified 
     Burial and Other Veterans' Benefits Improvement Act of 2012 
     (Public Law 112-260; 38 U.S.C. 527 note).
                                 ______
                                 
  SA 2438. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON THE INTEGRATION OF UNITED STATES CYBER 
                   CENTERS.

       (a) Review Required.--The Comptroller General of the United 
     States shall conduct a comprehensive review of the Federal 
     cyber and cybersecurity centers in operation on the date of 
     enactment of this Act.
       (b) Elements of Review.--The review required under 
     subsection (a) shall--
       (1) with respect to each Federal cyber center--
       (A) assess where the missions and operations, or portions 
     of the mission, of the Federal cyber center are unique, 
     overlap, are inefficient, or are in conflict in some way with 
     the mission of the authorizing agency of the Federal cyber 
     center;
       (B) assess aspects of the operations of the Federal cyber 
     center that would benefit from greater integration, 
     collaboration, or collocation to support a unified 
     cybersecurity strategy within the Federal government,
       (C) assess shortcomings in the capacity, structure, and 
     funding of the Federal cyber center and in the integration of 
     the work of the Federal cyber center with sector-specific 
     agencies; and
       (D) assess whether the Federal cyber center has distinct 
     statutory authorities best kept within the authorizing agency 
     of the Federal cyber center;
       (2) assess any shortcomings in the Federal cyber centers 
     that inhibit the ability of the Federal cyber centers to 
     support the Cybersecurity and Infrastructure Security Agency 
     in the role of Cybersecurity and Infrastructure Security 
     Agency as the primary interface between the Federal 
     Government and critical infrastructure for cybersecurity;
       (3) assess whether an integrated national cybersecurity 
     model, such as the National Cybersecurity Center of the 
     United Kingdom, is an effective model for the United States;
       (4) recommend procedures and criteria for expanding the 
     integration of public- and private-sector personnel into 
     Federal Government cyber defense and security efforts, 
     including any limitations posed by the security clearance 
     program for private sector expertise; and
       (5) recommend a cyber center structure that strengthens a 
     public-private, integrated cyber center within the 
     Cybersecurity and Infrastructure Security Agency that 
     optimizes efficiency, minimizes redundancy, and increases 
     information and expertise sharing in support of the critical 
     infrastructure security and resilience mission.
       (c) Federal Cyber Centers Described.--The review required 
     to be conducted under subsection (a) shall include in the 
     review, at a minimum, the following Federal cyber centers:
       (1) The Cybersecurity and Infrastructure Security Agency of 
     the Department of Homeland Security.
       (2) The Cyber Threat Operations Center of the National 
     Security Agency.
       (3) The Joint Operations Center of Cyber Command.
       (4) The Cyber Threat Intelligence Integration Center of the 
     Office of the Director of National Intelligence.
       (5) The National Cyber Investigative Joint Task Force of 
     the Federal Bureau of Investigation.
       (6) The Defense Cyber Crime Center of the Department of 
     Defense.
       (7) The Intelligence Community Security Coordination Center 
     of the Office of the Director of National Intelligence.
       (8) Any other sector-specific or agency centers proposed or 
     under consideration by the Comptroller General of the United 
     States.
       (d) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report on the review required under 
     subsection (a) to--
       (A) the Committee on Armed Services, the Committee on 
     Committee on Homeland Security and Governmental Affairs, the 
     Committee on the Judiciary, and the Select Committee on 
     Intelligence of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Homeland Security, the Committee on the Judiciary, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (2) Form of report.--The report required under paragraph 
     (1) may be submitted in unclassified form, and may contain a 
     classified annex, if necessary.
       (e) Sense of the Senate.--It is the sense of the Senate 
     that, after submission of the report under subsection (d), 
     the Secretary of Homeland Security, in coordination with the 
     intelligence community, should conduct a regular review 
     regarding--
       (1) the status of Federal cyber center integration efforts;
       (2) whether any findings of the review conducted under 
     subsection (a) should be updated;
       (3) whether additional resources or authorities required to 
     support Federal cyber centers; and
       (4) the progress of Federal agencies in addressing the 
     areas identified through the review conducted under 
     subsection (a).
                                 ______
                                 
  SA 2439. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BIENNIAL NATIONAL CYBER TABLETOP EXERCISE.

       (a) Requirement.--On a date during calendar year 2023, and 
     biennially thereafter until January 1, 2030, the Secretary, 
     in consultation with the President, the Director of National 
     Intelligence, the Attorney General, and the Secretary of 
     Defense, shall conduct a tabletop exercise to test the 
     resilience, response, and recovery of the United States in 
     the case of a significant cyber incident impacting critical 
     infrastructure.
       (b) Planning and Preparation.--The tabletop exercise 
     required under subsection (a) shall be prepared by--
       (1) appropriate personnel from--
       (A) the Department of Homeland Security;
       (B) the Department of Defense; and
       (C) the Department of Justice; and
       (2) appropriate elements of the intelligence community, 
     identified by the Director of National Intelligence.
       (c) Participants.--
       (1) Federal government participants.--The following 
     personnel shall participate in the tabletop exercise required 
     under subsection (a):
       (A) Personnel from the Department of Homeland Security.
       (B) Appropriate personnel from the Department of Defense, 
     as identified by the Secretary of Defense.
       (C) Appropriate personnel from elements of the intelligence 
     community, as identified by the Director of National 
     Intelligence.
       (D) Appropriate personnel from the Department of Defense, 
     as identified by the Attorney General.
       (E) Appropriate representatives from sector-specific 
     agencies, as determined by the Secretary.
       (2) State and local governments.--The Secretary shall 
     invite representatives from State, local, and Tribal 
     governments to participate in the tabletop exercise required 
     under subsection (a) if the Secretary determines the 
     participation of those representatives to be appropriate.
       (3) Private sector.--Depending on the nature of a tabletop 
     exercise being conducted under subsection (a), the Secretary, 
     in consultation with the senior representative of the sector-
     specific agencies participating in the tabletop exercise 
     under paragraph (1)(E), shall invite the following 
     individuals to participate:
       (A) Representatives from appropriate private sector 
     entities.
       (B) Other individuals that the Secretary determines will 
     best assist the United States in preparing for, and defending 
     against, a cyber attack.
       (4) International partners.--Depending on the nature of the 
     tabletop exercise being conducted under subsection (a), the 
     Secretary may invite allies and partners of the United States 
     to participate in the tabletop exercise.
       (d) Observers.--The Secretary may invite representatives 
     from the executive and legislative branches of the Federal 
     Government to observe the tabletop exercise required under 
     subsection (a).
       (e) Elements.--The tabletop exercise required under 
     subsection (a) shall include the following elements:
       (1) Exercising the orchestration of cybersecurity response 
     and the provision of cyber support to Federal, State, local, 
     and Tribal governments and private sector entities, including 
     the exercise of the command, control, and deconfliction of--
       (A) operational responses through interagency coordination 
     processes and response groups; and
       (B) each Federal agency participating in the tabletop 
     exercise under subsection (c)(1).
       (2) Testing of the information sharing needs and 
     capabilities of tabletop exercise participants.
       (3) Testing of the relevant policy, guidance, and doctrine, 
     including the National

[[Page S4273]]

     Cyber Incident Response Plan of the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security.
       (4) Testing of the integration and interoperability between 
     the Federal agencies participating in the tabletop exercise 
     under subsection (c)(1).
       (5) Exercising the integration and interoperability of the 
     cybersecurity operation centers of the Federal Government, as 
     appropriate, in coordination with appropriate cabinet level 
     officials.
       (f) Briefing.--
       (1) In general.--Not later than 180 days after the date on 
     which each tabletop exercise required under subsection (a) is 
     conducted, the Secretary shall provide to the appropriate 
     congressional committees a briefing on the tabletop exercise.
       (2) Contents.--The briefing required under paragraph (1) 
     shall include--
       (A) an assessment of the decision and response gaps 
     observed in the tabletop exercise described in paragraph (1);
       (B) proposed recommendations to improve the resilience, 
     response, and recovery of the United States in the case of a 
     significant cyber attack against critical infrastructure; and
       (C) appropriate plans to address the recommendations 
     proposed under subparagraph (B).
       (g) Repeal.--Subsection (b) of section 1648 of the National 
     Defense Authorization Act for Fiscal Year 2016 (Public Law 
     114-92; 129 Stat. 1119) is repealed.
       (h) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Armed Services of the House of 
     Representatives;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Select Committee on Intelligence of the Senate;
       (F) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (G) the Committee on the Judiciary of the Senate;
       (H) the Committee on the Judiciary of the House of 
     Representatives;
       (I) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (J) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (K) the Committee on Foreign Relations of the Senate; and
       (L) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Element of the intelligence community.--The term 
     ``element of the intelligence community'' means an element 
     specified or designated under section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).
       (3) Private entity.--The term ``private entity'' has the 
     meaning given the term in section 102 of the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1501).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Sector-specific agency.--The term ``sector-specific 
     agency'' has the meaning given the term ``Sector-Specific 
     Agency'' in section 2201 of the Homeland Security Act of 2002 
     (6 U.S.C. 651).
       (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.
                                 ______
                                 
  SA 2440. Mr. KING (for himself, Mr. Alexander, and 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___. GOLD STAR FAMILIES PARKS PASS.

       (a) In General.--Section 805(b) of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6804(b)) is amended by 
     adding at the end the following:
       ``(3) Gold star families parks pass.--The Secretary shall 
     make the National Parks and Federal Recreational Lands Pass 
     available, at no cost, to members of Gold Star Families who 
     meet the eligibility requirements of section 3.2 of 
     Department of Defense Instruction 1348.36 (or a successor 
     instruction).''.
       (b) Technical and Conforming Amendments.--Section 805 of 
     the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804) 
     is amended--
       (1) in subsection (a)(7), in the first sentence, by 
     striking ``age and disability''; and
       (2) in subsection (b)--
       (A) in paragraph (1)(A), in the second sentence, in the 
     matter preceding clause (i), by striking ``this subsection'' 
     and inserting ``this paragraph''; and
       (B) in paragraph (2), in the second sentence, by striking 
     ``this subsection'' and inserting ``this paragraph''.
                                 ______
                                 
  SA 2441. Mrs. GILLIBRAND 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 H of title V, insert the following:

     SEC. 593. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   THE HANDLING BY THE ARMED FORCES OF CASES OF 
                   DESERTION AND ABSENCE WITHOUT LEAVE.

       (a) Report.--Not later than December 16, 2021, the 
     Comptroller General of the United States shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report containing the results of a study on 
     the manner in which the Armed Forces handle cases among 
     members of the Armed Forces as follows:
       (1) Cases of desertion.
       (2) Cases of absence without leave or unauthorized absence.
       (b) Elements.--The study required for purposes of the 
     report under this section shall include the following:
       (1) The procedures and guidelines established by each Armed 
     Force for the investigation of cases specified in subsection 
     (a).
       (2) The procedures guidelines of the Armed Forces for 
     distinguishing cases of members absent without leave from 
     cases of members who are involuntarily absent.
       (3) The current procedures and guidelines for cooperation 
     and coordination in investigations of cases specified in 
     subsection (a) betweem criminal investigative organizations 
     or other military investigative agencies and--
       (A) State and local law enforcement agencies; and
       (B) Federal law enforcement agencies.
       (4) The current procedures and guidelines of the Armed 
     Forces for use of media and social media in conjunction with 
     investigations of cases specified in subsection (a).
       (5) Military resources available for investigations of 
     cases specified in subsection (a), and any apparent 
     shortfalls in such resources.
       (6) The manner in which the procedures and guidelines for 
     investigations of cases specified in subsection (a) vary 
     between the Armed Forces.
       (7) The manner in which the procedures and guidelines 
     described in paragraph (6) vary from procedures and 
     guidelines used by select Federal, State, and law enforcement 
     agencies in investigation of cases specified in subsection 
     (a).
       (8) Any recognized best practices for responding to and 
     investigating cases specified in subsection (a).
       (9) Any other matters the Comptroller General consider 
     appropriate.
                                 ______
                                 
  SA 2442. 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:

       Add at the end of subtitle G of title XII the following:

     SEC. 1287. UNITED STATES AGENCY FOR GLOBAL MEDIA.

       (a) Short Title.--This section may be cited as the ``U.S. 
     Agency for Global Media Reform Act''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Office of Cuba Broadcasting should--
       (1) remain an independent entity of the United States 
     Agency for Global Media; and
       (2) continue taking steps to ensure that the Office is 
     fulfilling its core mission of promoting freedom and 
     democracy by providing the people of Cuba with objective news 
     and information programming.
       (c) Authorities of the Chief Executive Officer; Limitation 
     on Corporate Leadership of Grantees.--Section 305 of the 
     United States International Broadcasting Act of 1994 (22 
     U.S.C. 6204) is amended--
       (1) in subsection (a)--
       (A) in paragraph (20), by inserting ``in accordance with 
     subsection (c)'' before the period at the end;
       (B) in paragraph (21)--
       (i) by striking ``including with Federal officials,''; and
       (ii) by inserting ``in accordance with subsection (c)'' 
     before the period at the end; and
       (C) by adding at the end the following new paragraph:
       ``(23) To--
       ``(A) require semi-annual content reviews of each language 
     service of each surrogate network, consisting of a review of 
     at least 10 percent of available weekly content, by fluent 
     language speakers and experts without direct affiliation to 
     the language service

[[Page S4274]]

     being reviewed, who are seeking any evidence of inappropriate 
     or unprofessional content, which shall be submitted to the 
     Office of Policy and Research, the head and Board of the 
     respective service, and the Chief Executive Officer; and
       ``(B) submit to the appropriate congressional committees a 
     list of anomalous reports, including status updates on 
     anomalous services during the 3-year period commencing on the 
     date of receipt of the first report of biased, 
     unprofessional, or otherwise problematic content.''; and
       (2) by adding at the end the following new subsection:
       ``(c) Limitation on Corporate Leadership of Grantees.--
       ``(1) In general.--The Chief Executive Officer may not 
     award any grant under subsection (a) to RFE/RL, Inc., Radio 
     Free Asia, the Middle East Broadcasting Networks, the Open 
     Technology Fund, or any other grantee authorized under this 
     title (collectively referred to as `Agency Grantee Networks') 
     unless the incorporation documents of any such grantee 
     require that the corporate leadership and Board of Directors 
     of such grantee be selected in accordance with this Act.
       ``(2) Conflicts of interest.--
       ``(A) Chief executive officer.--The Chief Executive Officer 
     may not serve on any of the corporate boards of any grantee 
     under subsection (a).
       ``(B) Federal employees.--A full-time employee of a Federal 
     agency may not serve on a corporate board of any grantee 
     under subsection (a).
       ``(3) Qualifications of grantee board members.--Individuals 
     appointed under subsection (a) to the Board of Directors of 
     any of the Agency Grantee Networks shall have requisite 
     expertise in journalism, technology, broadcasting, or 
     diplomacy, or appropriate language or cultural understanding 
     relevant to the grantee's mission.''.
       (d) International Broadcasting Advisory Board.--Section 306 
     of the United States International Broadcasting Act of 1994 
     (22 U.S.C. 6205) is amended--
       (1) by striking subsections (a) through (c) and inserting 
     the following:
       ``(a) In General.--The International Broadcasting Advisory 
     Board (referred to in this section as the `Advisory Board') 
     shall advise the Chief Executive Officer of the United States 
     Agency for Global Media, as appropriate. The Advisory Board 
     as established shall exist within the Executive branch of 
     Government as an entity described in section 104 of title 5.
       ``(b) Composition of the Advisory Board.--
       ``(1) In general.--The Advisory Board shall consist of 7 
     members, of whom--
       ``(A) 6 shall be appointed by the President, by and with 
     the advice and consent of the Senate, in accordance with 
     subsection (c); and
       ``(B) 1 shall be the Secretary of State.
       ``(2) Chair.--The President shall designate, with the 
     advice and consent of the Senate, 1 of the members appointed 
     under paragraph (1)(A) as Chair of the Advisory Board.
       ``(3) Party limitation.--Not more than 3 members of the 
     Advisory Board appointed under paragraph (1)(A) may be 
     affiliated with the same political party.
       ``(4) Terms of office.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     members of the Advisory Board shall serve for a single term 
     of 4 years, except that, of the first group of members 
     appointed under paragraph (1)(A)--
       ``(i) 2 members who are not affiliated with the same 
     political party, shall be appointed for terms ending on the 
     date that is 2 years after the date of the enactment of the 
     U.S. Agency for Global Media Reform Act;
       ``(ii) 2 members who are not affiliated with the same 
     political party, shall be appointed for terms ending on the 
     date that is 4 years after the date of the enactment of the 
     U.S. Agency for Global Media Reform Act; and
       ``(iii) 2 members who are not affiliated with the same 
     political party, shall be appointed for terms ending on the 
     date that is 6 years after the date of the enactment of the 
     U.S. Agency for Global Media Reform Act.
       ``(B) Secretary of state.--The Secretary of State shall 
     serve as a member of the Advisory Board for the duration of 
     his or her tenure as Secretary of State.
       ``(5) Vacancies.--
       ``(A) In general.--The President shall appoint, with the 
     advice and consent of the Senate, additional members to fill 
     vacancies on the Advisory Board occurring before the 
     expiration of a term.
       ``(B) Term.--Any members appointed pursuant to subparagraph 
     (A) shall serve for the remainder of such term.
       ``(C) Service beyond term.--Any member whose term has 
     expired shall continue to serve as a member of the Advisory 
     Board until a qualified successor has been appointed and 
     confirmed by the Senate.
       ``(D) Secretary of state.--When there is a vacancy in the 
     office of Secretary of State, the Acting Secretary of State 
     shall serve as a member of the Advisory Board until a new 
     Secretary of State is appointed.'';
       (2) by redesignating subsection (d) as subsection (c);
       (3) by amending subsection (c), as redesignated--
       (A) in the subsection heading, by inserting ``Advisory'' 
     before ``Board''; and
       (B) in paragraph (2), by inserting ``who are'' before 
     ``distinguished''; and
       (4) by striking subsections (e) and (f) and inserting the 
     following new subsections:
       ``(d) Functions of the Advisory Board.--The members of the 
     Advisory Board shall--
       ``(1) provide the Chief Executive Officer of the United 
     States Agency for Global Media with advice and 
     recommendations for improving the effectiveness and 
     efficiency of the Agency and its programming;
       ``(2) meet with the Chief Executive Officer at least 4 
     times annually, including twice in person as practicable, and 
     at additional meetings at the request of the Chief Executive 
     Officer or the Chair of the Advisory Board;
       ``(3) report periodically, or upon request, to the 
     congressional committees specified in subsection (c)(2) 
     regarding its advice and recommendations for improving the 
     effectiveness and efficiency of the United States Agency for 
     Global Media and its programming;
       ``(4) obtain information from the Chief Executive Officer, 
     as needed, for the purposes of fulfilling the functions 
     described in this subsection;
       ``(5) consult with the Chief Executive Officer regarding 
     budget submissions and strategic plans before they are 
     submitted to the Office of Management and Budget or to 
     Congress;
       ``(6) advise the Chief Executive Officer to ensure that--
       ``(A) the Chief Executive Officer fully respects the 
     professional integrity and editorial independence of United 
     States Agency for Global Media broadcasters, networks, and 
     grantees; and
       ``(B) agency networks, broadcasters, and grantees adhere to 
     the highest professional standards and ethics of journalism, 
     including taking necessary actions to uphold professional 
     standards to produce consistently reliable and authoritative, 
     accurate, objective, and comprehensive news and information; 
     and
       ``(7) provide other strategic input to the Chief Executive 
     Officer.
       ``(e) Appointment of Heads of Networks.--
       ``(1) In general.--The heads of Voice of America, the 
     Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, 
     the Middle East Broadcasting Networks, the Open Technology 
     Fund, or of any other grantee authorized under this title may 
     only be appointed or removed if such action has been approved 
     by a majority vote of the Advisory Board.
       ``(2) Removal.--After consulting with the Chief Executive 
     Officer, 5 or more members of the Advisory Board may 
     unilaterally remove any such head of network or grantee 
     network described in paragraph (1).
       ``(3) Quorum.--
       ``(A) In general.--A quorum shall consist of 4 members of 
     the Advisory Board (excluding the Secretary of State).
       ``(B) Decisions.--Except as provided in paragraph (2), 
     decisions of the Advisory Board shall be made by majority 
     vote, a quorum being present.
       ``(C) Closed sessions.--The Advisory Board may meet in 
     closed sessions in accordance with section 552b of title 5, 
     United States Code.
       ``(f) Compensation.--
       ``(1) In general.--Members of the Advisory Board, while 
     attending meetings of the Advisory Board or while engaged in 
     duties relating to such meetings or in other activities of 
     the Advisory Board under this section (including travel time) 
     shall be entitled to receive compensation equal to the daily 
     equivalent of the compensation prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       ``(2) Travel expenses.--While away from their homes or 
     regular places of business, members of the Board may be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized under section 5703 of such title 
     for persons in the Government service employed 
     intermittently.
       ``(3) Secretary of state.--The Secretary of State is not 
     entitled to any compensation under this title, but may be 
     allowed travel expenses in accordance with paragraph (2).
       ``(g) Support Staff.--The Chief Executive Officer shall, 
     from within existing United States Agency for Global Media 
     personnel, provide the Advisory Board with an Executive 
     Secretary and such administrative staff and support as may be 
     necessary to enable the Advisory Board to carry out 
     subsections (d) and (e).''.
       (e) Conforming Amendments.--The United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 
     amended--
       (1) in section 304--
       (A) in the section heading, by striking ``broadcasting 
     board of governors'' and inserting ``united states agency for 
     global media'';
       (B) in subsection (a), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media'';
       (C) in subsection (b)(1), by striking ``Broadcasting Board 
     of Governors'' and inserting ``United States Agency for 
     Global Media''; and
       (D) in subsection (c), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (2) in section 305--
       (A) in subsection (a)--
       (i) in paragraph (6), by striking ``Board'' and inserting 
     ``Agency'';
       (ii) in paragraph (13), by striking ``Board'' and inserting 
     ``Agency'';
       (iii) in paragraph (20), by striking ``Board'' and 
     inserting ``Agency''; and
       (iv) in paragraph (22), by striking ``Board'' and inserting 
     ``Agency'';

[[Page S4275]]

       (B) in subsection (b), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (3) in section 308--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``Board'' and inserting ``Agency'';
       (B) in subsection (b), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (C) in subsection (d), by striking ``Board'' and inserting 
     ``Agency'';
       (D) in subsection (g), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (E) in subsection (h)(5), by striking ``Board'' and 
     inserting ``Agency''; and
       (F) in subsection (i), in the first sentence, by striking 
     ``Board'' and inserting ``Agency'';
       (4) in section 309--
       (A) in subsection (c)(1), by striking ``Board'' each place 
     such term appears and inserting ``Agency'';
       (B) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``Board'' and inserting ``Agency'';
       (C) in subsection (f), by striking ``Board'' each place 
     such term appears and inserting ``Agency''; and
       (D) in subsection (g), by striking ``Board'' and inserting 
     ``Agency'';
       (5) in section 310(d), by striking ``Board'' and inserting 
     ``Agency'';
       (6) in section 310A(a), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media'';
       (7) in section 310B, by striking ``Board'' and inserting 
     ``Agency'';
       (8) by striking section 312;
       (9) in section 313(a), in the matter preceding paragraph 
     (1), by striking ``Board'' and inserting ``Agency'';
       (10) in section 314--
       (A) by striking ``(4) the terms `Board and Chief Executive 
     Officer of the Board' means the Broadcasting Board of 
     Governors'' and inserting the following:
       ``(2) the terms `Agency' and `Chief Executive Officer of 
     the Agency' mean the United States Agency for Global Media 
     and the Chief Executive Officer of the United States Agency 
     for Global Media, respectively,''; and
       (B) in paragraph (3)--
       (i) by striking ``includes--'' and inserting ``means the 
     corporation having the corporate title described in section 
     308''; and
       (ii) by striking subparagraphs (A) and (B); and
       (11) in section 316--
       (A) in subsection (a)(1), by striking ``Broadcasting Board 
     of Governors'' and inserting ``United States Agency for 
     Global Media''; and
       (B) in subsection (c), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media''.
       (f) Rulemaking.--Notwithstanding any other provision of 
     law, the United States Agency for Global Media may not revise 
     part 531 of title 22, Code of Federal Regulations, which took 
     effect on June 11, 2020, without explicit authorization by an 
     Act of Congress.
       (g) Savings Provisions.--Section 310 of the United States 
     International Broadcasting Act of 1994 (22 U.S.C. 6209) is 
     amended by adding at the end the following new subsections:
       ``(f) Maintenance of Proprietary Information.--No 
     consolidation of grantees authorized under subsection (a) 
     involving any grantee shall result in any legal transfer of 
     ownership of any proprietary information or intellectual 
     property to the United State Agency for Global Media or any 
     other Federal entity.
       ``(g) Rule of Construction.--No consolidation of grantees 
     authorized under subsection (a) shall result in the 
     consolidation of the Open Technology Fund or any successor 
     entity with any other grantee.''.
       (h) Rule of Construction.--Nothing in the United States 
     International Broadcasting Act of 1994 or any other provision 
     of law may be construed to make the Open Technology Fund an 
     entity authorized under such Act until the effective date of 
     legislation authorizing the establishment of the Open 
     Technology Fund.
                                 ______
                                 
  SA 2443. Mr. THUNE 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 VI, insert the 
     following:

     SEC. 633. USE OF FINANCIAL SERVICES PROVIDERS IN PROVISION OF 
                   EDUCATION ON FINANCIAL SERVICES ON MILITARY 
                   INSTALLATIONS LOCATED OUTSIDE THE UNITED 
                   STATES.

       (a) Use Authorized.--Under regulations prescribed by the 
     Secretary of Defense, in the provision of orientations or 
     briefings on financial services to members of the Armed 
     Forces who are newly assigned to a military installation 
     outside the United States (whether for purposes of financial 
     literacy training under section 992 of title 10, United 
     States Code, or any other purpose), the commander of such 
     installation may use such representatives of such financial 
     services providers as such regulations may authorize, 
     including by permitting such representatives access to such 
     members on such installation, to provide informational 
     materials, for such purposes.
       (b) Registration With FinCEN.--A financial services 
     provider may not provide orientations or briefings pursuant 
     to subsection (a) unless such provider is registered with the 
     Financial Crimes Enforcement Network (FinCEN) of the 
     Department of the Treasury.
       (c) Financial Services Defined.--In this section, the term 
     ``financial services'' has the meaning given that term in 
     section 992(e) of title 10, United States Code, and includes 
     electronic banking, funds transfers, money orders, loan 
     services, and utility payments.
                                 ______
                                 
  SA 2444. Mr. SASSE 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 ANNUAL REPORTING REQUIREMENTS 
                   CONCERNING DIPLOMATIC IMMUNITY.

       (a) Findings.--Congress makes the following findings:
       (1) According to the January 2019 Worldwide Threat 
     Assessment of the United States Intelligence Community, 
     ``Russia and China will continue to be the leading state 
     intelligence threats to U.S. interests, based on their 
     services' capabilities, intent, and broad operational 
     scopes.''.
       (2) It is necessary to reaffirm for the executive branch 
     the sense of Congress set forth in section 601 of the 
     Intelligence Authorization Act for Fiscal Year 1985 (22 
     U.S.C. 254c-1): ``It is the sense of the Congress that the 
     numbers, status, privileges and immunities, travel, 
     accommodations, and facilities within the United States of 
     official representatives to the United States of any foreign 
     government that engages in intelligence activities within the 
     United States harmful to the national security of the United 
     States should not exceed the respective numbers, status, 
     privileges and immunities, travel accommodations, and 
     facilities within such country of official representatives of 
     the United States to such country.''.
       (b) Additional Reporting Requirements.--Section 204B of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     4304b) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``the Congress'' and 
     inserting ``the Select Committee on Intelligence and the 
     Committee on Foreign Relations of the Senate and the 
     Permanent Select Committee on Intelligence and the Committee 
     on Foreign Affairs of the House of Representatives'';
       (B) in paragraph (2)--
       (i) in subparagraph (F), by striking ``subsection (c)'' and 
     inserting ``subsection (d)''; and
       (ii) by adding at the end the following new subparagraphs:
       ``(G) The number and names of foreign diplomats with 
     expired diplomatic visas who continue to receive diplomatic 
     accreditation.
       ``(H) The foreign country represented by each diplomat 
     identified under subparagraph (G).'';
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, except that the information 
     described in subparagraphs (G) and (H) of paragraph (2) may 
     be included in a classified annex.'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Certification.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     together with each annual report under subsection (a), the 
     Secretary of State, in coordination with the Director of 
     National Intelligence, shall submit to the Select Committee 
     on Intelligence and the Committee on Foreign Relations of the 
     Senate and the Permanent Select Committee on Intelligence and 
     the Committee on Foreign Affairs of the House of 
     Representatives a certification that the individuals 
     identified under paragraph (2)(G) of that subsection are not 
     engaging in intelligence activities in the United States 
     harmful to the national security of the United States.
       ``(2) Inability to certify.--If the Secretary of State 
     assesses that he or she is unable under paragraph (1) to 
     certify that the individuals identified under subsection 
     (a)(2)(G) are not engaging in intelligence activities in the 
     United States harmful to the national security of the United 
     States, the Secretary shall submit to the Select Committee on 
     Intelligence and the Committee on Foreign Relations of the 
     Senate and the Permanent Select Committee on Intelligence and 
     the Committee on Foreign Affairs of the House of 
     Representatives a report detailing such assessment.

[[Page S4276]]

       ``(3) Continued diplomatic accreditation in national 
     security interest.--If the Secretary of State assesses that 
     continued diplomatic accreditation of an individual 
     identified under subsection (a)(2)(G) is in the national 
     security interests of the United States and the Secretary is 
     therefore unwilling to submit a certification under paragraph 
     (1), the Secretary shall submit to the Select Committee on 
     Intelligence and the Committee on Foreign Relations of the 
     Senate and the Permanent Select Committee on Intelligence and 
     the Committee on Foreign Affairs of the House of 
     Representatives a report detailing such assessment.''.
                                 ______
                                 
  SA 2445. Mr. MORAN 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. ___. PERMANENT REAUTHORIZATION OF AUTHORITY OF SECRETARY 
                   OF VETERANS AFFAIRS TO PRESCRIBE REGULATIONS 
                   PROVIDING THAT A PRESUMPTION OF SERVICE 
                   CONNECTION IS WARRANTED FOR A DISEASE 
                   ASSOCIATED WITH EXPOSURE TO A HERBICIDE AGENT.

       (a) In General.--Section 1116 of title 38, United States 
     Code, is amended by striking subsection (e).
       (b) Effective Date.--Subsection (a) of this section and 
     subsections (b) through (d) of section 1116 of such title 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 2446. Mr. MORAN (for himself, Ms. Cantwell, and Mr. Peters) 
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 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

[[Page S4277]]

     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.''.

     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--

[[Page S4278]]

       ``(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) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Reimbursement authorized.--The Secretary is 
     authorized to reimburse the Secretary of Education--
       ``(A) for the funds necessary 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) for any reasonable administrative costs incurred by 
     the Secretary of Education 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.).
       ``(f) 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.''.

     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:

[[Page S4279]]

       ``(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, applicable on an as-available and fully 
     reimbursable basis.
       ``(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.

       ``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 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(2) Section 415, relating to initial uniform allowances.
       ``(3) Section 488, relating to allowances for recruiting 
     expenses.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An

[[Page S4280]]

     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. 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. 1729. 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) Subject to the approval of the Secretary of Defense, 
     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 State maritime academies 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 State maritime academy; 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) 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) State maritime academy.--The term `State maritime 
     academy' has the meaning given the term in section 51102 of 
     title 46, United States Code.
       ``(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

[[Page S4281]]

     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.
       ``(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 take such measures as the Secretary 
     determines 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

[[Page S4282]]

     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 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. CO-LOCATION AGREEMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, in fiscal year 2020 and each fiscal year thereafter, and 
     subject to the availability of appropriations, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration may execute noncompetitive co-location 
     agreements for real

[[Page S4283]]

     property and incidental goods and services with entities 
     described in subsection (b) for periods of not more than 30 
     years, if each such 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) Collaboration Agreements.--Upon the execution of an 
     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 
     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 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 2447. Mr. MORAN (for himself, Ms. Cantwell, and Mr. Peters) 
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

[[Page S4284]]

     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 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

[[Page S4285]]

       ``(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.''.

     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:

[[Page S4286]]

  


     ``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) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Reimbursement authorized.--The Secretary is 
     authorized to reimburse the Secretary of Education--
       ``(A) for the funds necessary 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) for any reasonable administrative costs incurred by 
     the Secretary of Education 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.).
       ``(f) 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.''.

     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

[[Page S4287]]

     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, applicable on an as-available and fully 
     reimbursable basis.
       ``(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.

       ``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 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(2) Section 415, relating to initial uniform allowances.
       ``(3) Section 488, relating to allowances for recruiting 
     expenses.''.
       (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 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. 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.--

[[Page S4288]]

       ``(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) Subject to the approval of the Secretary of Defense, 
     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 State maritime academies 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 State maritime academy; 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) 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) State maritime academy.--The term `State maritime 
     academy' has the meaning given the term in section 51102 of 
     title 46, United States Code.
       ``(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,

[[Page S4289]]

     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.
       ``(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 take such measures as the Secretary 
     determines 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

[[Page S4290]]

     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 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. CO-LOCATION AGREEMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, in fiscal year 2020 and each fiscal year thereafter, and 
     subject to the availability of appropriations, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration may execute noncompetitive 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 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) Collaboration Agreements.--Upon the execution of an 
     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 
     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.

[[Page S4291]]

  


     ``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 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 2448. 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.
                                 ______
                                 
  SA 2449. Mr. PERDUE 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. 3__. AUTHORITY FOR PRIVATIZATION OF STORMWATER SYSTEMS 
                   OF MILITARY INSTALLATIONS.

       Section 2688(i)(1) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(G) A system for the treatment or disposal of 
     stormwater.''.
                                 ______
                                 
  SA 2450. Mr. MORAN 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. ___. ``SIX TRIPLE EIGHT'' CONGRESSIONAL GOLD MEDAL.

       (a) Findings.--Congress finds the following:
       (1) On July 1, 1943, President Franklin D. Roosevelt signed 
     into law legislation that established the Women's Army Corps 
     (referred to in this section as the ``WAC'') as a component 
     in the Army. The WAC was converted from the Women's Army 
     Auxiliary Corps (referred to in this section as the 
     ``WAAC''), which had been created in 1942 without official 
     military status. First Lady Eleanor Roosevelt and Mary McLeod 
     Bethune, the founder of the National Council of Negro Women, 
     advocated for the admittance of African-American women into 
     the newly formed WAC to serve as officers and enlisted 
     personnel.
       (2) Dubbed ``10 percenters'', the recruitment of African-
     American women to the WAAC was limited to 10 percent of the 
     population of the WAAC to match the proportion of African-
     Americans in the national population. Despite an executive 
     order issued by President Franklin D. Roosevelt in 1941 
     banning racial discrimination in civilian defense industries, 
     the Armed Forces remained segregated. Enlisted women served 
     in segregated units, participated in segregated training, 
     lived in separate quarters, ate at separate tables in mess 
     halls, and used segregated recreational facilities. Officers 
     received their officer candidate training in integrated units 
     but lived under segregated conditions. Specialist and 
     technical training schools were integrated in 1943. During 
     World War II, a total of 6,520 African-American women served 
     in the WAAC and the WAC.
       (3) After several units of White women were sent to serve 
     in the European Theater of Operations (referred to in this 
     section as the ``ETO'') during World War II, African-American 
     organizations advocated for the War Department to extend the 
     opportunity to serve overseas to African-American WAC units.
       (4) In November 1944, the War Department approved sending 
     African-American women to serve in Europe. A battalion of all 
     African-American women drawn from the WAC, the Army Service 
     Forces, and the Army Air Forces was created and designated as 
     the 6888th Central Postal Directory Battalion (referred to in 
     this section as the ``6888th''), which was nicknamed the 
     ``Six Triple Eight''.
       (5) Army officials reported a shortage of qualified postal 
     officers within the ETO, which resulted in a backlog of 
     undelivered mail. As Allied forces drove across Europe, the 
     ever-changing locations of servicemembers hampered the 
     delivery of mail to those servicemembers. Because 7,000,000 
     individuals from the United States were serving in the ETO, 
     many of those individuals had identical names. As an example, 
     7,500 such individuals were named Robert Smith. One general 
     predicted that the backlog in Birmingham, England would take 
     6 months to process and the lack of reliable mail service was 
     hurting morale.
       (6) In March 1945, the 6888th arrived in Birmingham. Upon 
     their arrival, the 6888th found warehouses filled with 
     millions of pieces of mail intended for members of the Armed 
     Forces, United States Government personnel, and Red Cross 
     workers serving in the ETO.
       (7) The 6888th created effective processes and filing 
     systems to track individual servicemembers, organize 
     ``undeliverable'' mail, determine the intended recipient for 
     insufficiently addressed mail, and handle mail addressed to 
     servicemembers who had died. Adhering to their motto of ``No 
     mail, low morale'', the women processed an average of 65,000 
     pieces of mail per shift and cleared the 6-month backlog of 
     mail within 3 months.
       (8) The 6888th traveled to Rouen, France in May 1945 and 
     worked through a separate backlog of undelivered mail dating 
     back as far as 3 years.
       (9) At the completion of their mission, the entire unit 
     returned to the United States. The 6888th was discontinued on 
     March 9, 1946, at Camp Kilmer, New Jersey.
       (10) The accomplishments of the 6888th in Europe encouraged 
     the General Board, United States Forces, European Theater of 
     Operations to adopt the following premise in their study of 
     the WAC issued in December 1945: ``[T]he national security 
     program is the joint responsibility of all Americans 
     irrespective of color or sex'' and ``the continued use of 
     colored, along with white, female military personnel is 
     required in such strength as is proportionately appropriate 
     to the relative population distribution between colored and 
     white races''.
       (11) With the exception of smaller units of African-
     American nurses who served in Africa, Australia, and England, 
     the 6888th was the only African-American women's unit to 
     serve overseas during World War II.
       (12) The members of the ``Six Triple Eight'' received the 
     European African Middle Eastern Campaign Medal, the Women's 
     Army

[[Page S4292]]

     Corps Service Medal, and the World War II Victory Medal for 
     their service.
       (b) Congressional Gold Medal.--
       (1) Award authorized.--The Speaker of the House of 
     Representatives and the President pro tempore of the Senate 
     shall make appropriate arrangements for the award, on behalf 
     of Congress, of a single gold medal of appropriate design in 
     honor of the women of the 6888th Central Postal Directory 
     Battalion (commonly known as the ``Six Triple Eight'') in 
     recognition of--
       (A) the pioneering military service of those women;
       (B) the devotion to duty of those women; and
       (C) the contributions made by those women to increase the 
     morale of all United States personnel stationed in the 
     European Theater of Operations during World War II.
       (2) Design and striking.--For the purposes of the award 
     described in paragraph (1), the Secretary of the Treasury 
     (referred to in this section as the ``Secretary'') shall 
     strike the gold medal with suitable emblems, devices, and 
     inscriptions, to be determined by the Secretary.
       (3) Smithsonian institution.--
       (A) In general.--After the award of the gold medal under 
     paragraph (1), the medal shall be given to the Smithsonian 
     Institution, where the medal shall be available for display, 
     as appropriate, and made available for research.
       (B) Sense of congress.--It is the sense of Congress that 
     the Smithsonian Institution should make the gold medal 
     received under subparagraph (A) available elsewhere, 
     particularly at--
       (i) appropriate locations associated with the 6888th 
     Central Postal Directory Battalion;
       (ii) the Women in Military Service for America Memorial;
       (iii) the United States Army Women's Museum;
       (iv) the National World War II Museum and Memorial; and
       (v) any other location determined appropriate by the 
     Smithsonian Institution.
       (c) Duplicate Medals.--Under such regulations as the 
     Secretary may prescribe, the Secretary may strike and sell 
     duplicates in bronze of the gold medal struck under 
     subsection (b) at a price sufficient to cover the costs of 
     the medals, including labor, materials, dies, use of 
     machinery, and overhead expenses.
       (d) National Medals.--
       (1) National medals.--Medals struck under this section are 
     national medals for purposes of chapter 51 of title 31, 
     United States Code.
       (2) Numismatic items.--For purposes of section 5134 of 
     title 31, United States Code, all medals struck under this 
     section shall be considered to be numismatic items.
                                 ______
                                 
  SA 2451. Ms. WARREN (for Mr. Markey (for himself, Ms. Warren, and Mr. 
Brown)) submitted an amendment intended to be proposed by Ms. Warren to 
the bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY 
                   KUWAIT TO UNITED STATES MEDICAL INSTITUTIONS.

       (a) Findings.--Congress finds that--
       (1) at least 45 medical institutions in the United States 
     have provided medical services to citizens of Kuwait; and
       (2) despite providing care for their citizens, Kuwait has 
     not paid amounts owed to such United States medical 
     institutions for such services in over two years.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Kuwait is an important partner of the United States in 
     the Middle East and both countries should find ways to 
     address irritants in the bilateral relationship;
       (2) the United States should seek a resolution with Kuwait 
     regarding the outstanding amounts Kuwait owes to United 
     States medical institutions for medical services provided to 
     citizens of Kuwait, especially during the Coronavirus Disease 
     2019 (``COVID-19'') pandemic; and
       (3) Kuwait should immediately pay such outstanding amounts 
     owed to such United States medical institutions.
                                 ______
                                 
  SA 2452. Ms. WARREN (for Mr. Markey (for himself, Ms. Warren, Mr. 
Booker, Mr. Blumenthal, Mr. Wyden, Mr. Van Hollen, Mr. Menendez, Ms. 
Baldwin, Mr. Whitehouse, and Ms. Hirono)) 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, insert the 
     following:

     SEC. 128__. ONLINE AND DISTANCE EDUCATION CLASSES AND 
                   NONIMMIGRANT VISAS.

       (a) In General.--Notwithstanding any other provision of 
     law, during the period described in subsection (b), an 
     international student described in subparagraph (F), (J), or 
     (M) of section 101(a)(15) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)) may engage in online or distance 
     education classes or programs that are determined necessary 
     by an institution or program described in any such 
     subparagraph for the protection of health and safety. Such 
     classes or programs shall count towards the requirement to 
     pursue a full course of study for the student to maintain 
     nonimmigrant status.
       (b) Period Described.--The period described in this 
     subsection is the period--
       (1) beginning on March 13, 2020; and
       (2) ending on the later of--
       (A) June 30, 2021; or
       (B) the date that is 90 days after the date on which the 
     public health emergency declared by the Secretary of Health 
     and Human Services due to the COVID-19 pandemic under section 
     319 of the Public Health Service Act (42 U.S.C. 247d) is 
     terminated.
                                 ______
                                 
  SA 2453. 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 B of title V, insert the following:

     SEC. 512. TESTING AND CONTACT TRACING IN CONNECTION WITH THE 
                   CORONAVIRUS DISEASE 2019 AS AUTHORIZED TRAINING 
                   AND DUTY OF THE NATIONAL GUARD.

       Training and duty of units and members of the National 
     Guard required or authorized by section 502 of title 32, 
     United States Code, may include testing and contact tracing 
     in connection with the Coronavirus Disease 2019 (COVID-19) as 
     part of the emergency involving Federal primary 
     responsibility determined to exist by the President under 
     section 501(b) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to 
     the Coronavirus Disease 2019 or any other major disaster or 
     emergency declared pursuant to that Act with respect to the 
     Coronavirus Disease 2019.
                                 ______
                                 
  SA 2454. 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 appropriate place, insert the following:

     SEC. __. EQUITABLE ADJUSTMENTS TO CERTAIN CONSTRUCTION 
                   CONTRACTS.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended by inserting after section 15 the following:

     ``SEC. 15A. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.

       ``(a) Request for an Equitable Adjustment.--A small 
     business concern performing a construction contract that was 
     awarded by an agency may submit a request for an equitable 
     adjustment to the contracting officer of such agency if the 
     contracting officer directs a change in the work within the 
     general scope of the contract without the agreement of the 
     small business concern. Such request shall--
       ``(1) be timely made pursuant to the terms of the contract; 
     and
       ``(2) comply with Federal regulations regarding equitable 
     adjustments, including specifying additional costs resulting 
     from such change in the work within the general scope of the 
     contract.
       ``(b) Amount.--Upon receipt of a request for equitable 
     adjustment under subsection (a), the agency shall provide to 
     the small business concern an interim partial payment in an 
     amount that is at least 50 percent of the costs identified in 
     the request for equitable adjustment under subsection (a)(2).
       ``(c) Limitation.--Any interim partial payment made under 
     this section shall not be deemed to be an action to 
     definitize the request for an equitable adjustment.
       ``(d) Flow-down of Interim Partial Payment Amounts.--A 
     small business concern that requests an equitable adjustment 
     under this section shall pay to a first tier subcontractor or 
     supplier the portion of the interim partial payment received 
     that is attributable to the increased costs of performance 
     incurred by the first tier subcontractor or supplier due to 
     the change in the work within

[[Page S4293]]

     the general scope of the contract. A subcontractor or 
     supplier at any tier that receives a portion of an interim 
     partial payment under this section shall pay its 
     subcontractor or supplier the appropriate portion of such 
     payment.''.
       (b) Implementation.--The Administrator of the Small 
     Business Administration shall implement the requirements of 
     this section not later than the first day of the first full 
     fiscal year beginning after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 2455. Ms. CORTEZ MASTO (for herself, Mr. Daines, Mr. Blumenthal, 
Mrs. Capito, Mr. Cramer, Ms. Hassan, Mr. Jones, Mr. Kaine, Mr. Peters, 
Ms. Rosen, Mrs. Shaheen, Mr. Udall, and Mrs. Blackburn) 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. INTERAGENCY TASK FORCE ON OUTDOOR RECREATION FOR 
                   VETERANS.

       (a) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall establish a task force to be known as the 
     ``Task Force on Outdoor Recreation for Veterans'' (in this 
     section referred to as the ``Task Force'').
       (b) Composition.--The Task Force shall be composed of the 
     following members or their designees:
       (1) The Secretary of Veterans Affairs.
       (2) The Secretary of the Interior.
       (3) The Secretary of Health and Human Services.
       (4) The Secretary of Agriculture.
       (5) The Secretary of Defense.
       (6) The Secretary of Homeland Security.
       (7) The Chief of the Army Corps of Engineers.
       (8) Any other member that the Secretary of Veterans Affairs 
     determines to be appropriate.
       (c) Chairpersons.--The Secretary of Veterans Affairs and 
     the Secretary of the Interior shall serve as co-chairpersons 
     of the Task Force (in this section referred to as the 
     ``Chairpersons'').
       (d) Duties.--
       (1) Task force.--The duties of the Task Force shall be--
       (A) to identify opportunities to formalize coordination 
     between the Department of Veterans Affairs, public land 
     agencies, and partner organizations regarding the use of 
     public lands or other outdoor spaces for medical treatment 
     and recreational therapy for veterans;
       (B) to identify barriers that exist to providing veterans 
     with opportunities for medical treatment and therapy through 
     the use of outdoor recreation on public lands or other 
     outdoor spaces; and
       (C) to develop recommendations to better facilitate the use 
     of public lands or other outdoor spaces for preventative 
     care, medical treatment, and therapy for veterans.
       (2) Consultation.--The Task Force shall carry out the 
     duties under paragraph (1) in consultation with appropriate 
     veterans outdoor recreation groups.
       (e) Reports.--
       (1) Preliminary report.--Not later than 180 days after the 
     date on which the Task Force is established, the Chairpersons 
     shall submit to Congress a report on the preliminary findings 
     of the Task Force.
       (2) Final report.--Not later than one year after the date 
     of the submittal of the preliminary report under paragraph 
     (1), the Chairpersons shall submit to Congress a report on 
     the findings of the Task Force, which shall include the 
     recommendations developed under subsection (d)(1)(C).
       (f) Duration.--The Task Force shall terminate on the date 
     that is one year after the date of the submittal of the final 
     report under in subsection (e)(2).
       (g) Definitions.--In this section:
       (1) The term ``public lands'' means any recreational lands 
     under the jurisdiction of the Federal Government or a State 
     or local government.
       (2) The term ``veteran'' has the meaning given that term in 
     section 101 of title 38, United States Code.
                                 ______
                                 
  SA 2456. 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. DESIGNATION OF SENIOR CLIMATE ADVISOR FOR 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--Chapter 4 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 146. Senior Climate Advisor

       ``(a) In General.--The Secretary of Defense shall designate 
     an official on the staff of the Office of the Secretary to 
     serve as the Senior Climate Advisor for the Department of 
     Defense.
       ``(b) Responsibilities.--The Senior Climate Advisor 
     designated under subsection (a) shall be responsible for the 
     following:
       ``(1) Coordinating guidance of the Secretary of Defense 
     related to climate security across the Department of Defense.
       ``(2) Monitoring the integration of climate security into 
     budget processes of the Department.
       ``(3) Coordinating the integration of climate security into 
     the National Defense Strategy, the National Military 
     Strategy, the Defense Planning Guidance, and other strategic 
     documents of the Department.
       ``(4) Facilitating the integration of key scientific inputs 
     related to climate security across the Department.
       ``(5) Tracking progress of the Department toward climate 
     security goals and monitoring compliance of the Department 
     with climate security guidance.
       ``(6) Serving as a key point of contact on climate security 
     for other Federal agencies.
       ``(c) Seniority.--The Senior Climate Advisor designated 
     under subsection (a) shall be a member of the Senior 
     Executive Service.
       ``(d) Briefing.--Not later than 180 days after the date of 
     the enactment of this section, and annually thereafter, the 
     Senior Climate Advisor designated under subsection (a) shall 
     provide to the congressional defense committees a briefing 
     summarizing the activities carried out under this section.
       ``(e) Definitions.--In this section:
       ``(1) The term `climate security' means the effects of 
     climate change on--
       ``(A) infrastructure;
       ``(B) training;
       ``(C) operations;
       ``(D) planning;
       ``(E) posture;
       ``(F) strategy;
       ``(G) support to civil authorities;
       ``(H) humanitarian assistance and disaster response;
       ``(I) ally and partner readiness and resiliency;
       ``(J) national, subnational, and regional political 
     stability; and
       ``(K) intrastate and interstate conflict.
       ``(2) The term `the effects of climate change' means--
       ``(A) the intensification and frequency of droughts, 
     floods, wildfires, tropical storms, and other extreme weather 
     events;
       ``(B) changes in historical severe weather, drought, and 
     wildfire patterns;
       ``(C) the expansion of geographical ranges of droughts, 
     floods, and wildfires into regions that had not regularly 
     experienced such phenomena;
       ``(D) global sea level rise patterns and the expansion of 
     geographical ranges affected by drought; and
       ``(E) changes in marine environments that affect critical 
     geostrategic waterways, such as the Arctic Ocean, the South 
     China Sea, the South Pacific Ocean, the Barents Sea, and the 
     Beaufort Sea.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 4 of such title is amended by adding at 
     the end the following new item:

``146. Senior Climate Advisor.''.
                                 ______
                                 
  SA 2457. Mr. MERKLEY (for himself, Mr. Wyden, Mr. Murphy, Mr. 
Sanders, Mr. Van Hollen, Mr. Markey, Ms. Harris, Mr. Blumenthal, Mr. 
Booker, Mrs. Murray, Mr. Brown, Mr. Durbin, Ms. Cantwell, Ms. Baldwin, 
Mr. King, Ms. Hirono, Mr. Heinrich, Ms. Klobuchar, Ms. Warren, Ms. 
Duckworth, and Mr. Bennet) 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. __. LIMITATION ON USE OF FEDERAL LAW ENFORCEMENT 
                   OFFICERS FOR CROWD CONTROL.

       (a) Definitions.--In this section--
       (1) the term ``Federal law enforcement officer'' means--
       (A) an employee or officer in a position in the executive, 
     legislative, or judicial branch of the Federal Government who 
     is authorized by law to engage in or supervise a law 
     enforcement function; or
       (B) an employee or officer of a contractor or subcontractor 
     (at any tier) of an agency in the executive, legislative, or 
     judicial branch of the Federal Government who is authorized 
     by law or under the contract with the agency to engage in or 
     supervise a law enforcement function;
       (2) the term ``law enforcement function'' means the 
     prevention, detection, or investigation of, or the 
     prosecution or incarceration of any person for, any violation 
     of law; and
       (3) the term ``member of an armed force'' means a member of 
     any of the armed forces,

[[Page S4294]]

     as defined in section 101(a)(4) of title 10, United States 
     Code, or a member of the National Guard, as defined in 
     section 101(3) of title 32, United States Code.
       (b) Required Identification.--
       (1) In general.--Each Federal law enforcement officer or 
     member of an armed force who is engaged in any form of crowd 
     control, riot control, or arrest or detainment of individuals 
     engaged in an act of civil disobedience, demonstration, 
     protest, or riot in the United States shall at all times 
     display identifying information in a clearly visible fashion, 
     which shall include the Federal agency and the last name or 
     unique identifier of the Federal law enforcement officer or 
     for a member of an armed force, the last name or unique 
     identifier and rank of the member.
       (2) Specific prohibitions.--
       (A) Covering of identifying information.--A Federal law 
     enforcement officer or member of an armed force may not tape 
     over or otherwise obscure or conceal the identifying 
     information required under paragraph (1) while the officer or 
     member is engaged in any form of law enforcement activity 
     described in paragraph (1).
       (B) Use of unmarked vehicles.--A Federal law enforcement 
     officer or member of an armed force may not use an unmarked 
     vehicle for the apprehension, detention, or arrest of 
     civilians while the officer or member is engaged in any form 
     of law enforcement activity described in paragraph (1).
       (c) Limitation on Crowd Control Authority.--
       (1) In general.--Except as provided in paragraph (2), a 
     Federal law enforcement officer or member of an armed force 
     may only be authorized to perform any form of crowd control, 
     riot control, or arrest or detainment of individuals engaged 
     in an act of civil disobedience, demonstration, protest, or 
     riot on Federal property or in the immediate vicinity 
     thereof, which shall include the sidewalk and the public 
     street immediately adjacent to any Federal building or 
     property.
       (2) Exceptions.--
       (A) State and local request for assistance.--Paragraph (1) 
     shall not apply to a Federal law enforcement officer or 
     member of an armed force if the Governor of a State and the 
     head of a unit of local government jointly request, in 
     writing, Federal law enforcement support.
       (B) Insurrection act.--If chapter 13 of title 10, United 
     States Code (commonly known as the ``Insurrection Act of 
     1807'') is invoked, paragraph (1) shall not apply.
       (d) Limitation on Arrest Authority.--It shall be unlawful 
     for a Federal law enforcement officer or member of an armed 
     force to arrest an individual in the United States if the 
     Federal law enforcement officer or member of an armed force 
     is conducting a law enforcement function in violation of 
     subsection (b) or (c).
       (e) Notice to the Public.--Not later than 24 hours after 
     deployment of a Federal law enforcement officer or member of 
     an armed force in response to any crowd control incident, 
     riot, or public disturbance, the Federal agency or armed 
     force responsible for such deployment shall publish prominent 
     public notice on that public facing website of the agency or 
     armed force that includes the following information:
       (1) The date of deployment of personnel for crowd control 
     purposes.
       (2) The number of Federal law enforcement officers of the 
     agency or members of the armed force in each city, town, or 
     locality functioning in a law enforcement capacity.
       (3) A description of the specific nature of the mission.
       (4) The location of any civilians being detained by the 
     Federal law enforcement officers or members of the armed 
     force deployed, and under whose custody the civilians are 
     being held.
       (5) A copy of a written request for assistance described in 
     subsection (c)(2)(A), if such request was made.
                                 ______
                                 
  SA 2458. 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 E of title X, add the following:

     SEC. ____. AMENDMENTS TO TITLE 46.

       (a) In General.--Chapter 303 of title 46, United States 
     Code, is amended--
       (1) by redesignating section 30308 as section 30309; and
       (2) by inserting after section 30307 the following:

     ``Sec. 30308. Death of a member of the Armed Forces from a 
       collision on the high seas.

       ``(a) Definition.--In this section, the term `nonpecuniary 
     damages' means damages for loss of care, comfort, or 
     companionship.
       ``(b) Members of the Armed Forces.--In an action under this 
     chapter, if the death of a member of the Armed Forces 
     resulted from a collision occurring on the high seas beyond 
     12 nautical miles from the shore of the United States while 
     the decedent was serving physically on board a United States 
     military vessel, the personal representative of the decedent 
     may bring a civil action in admiralty or at law against the 
     person or vessel responsible. The action shall be for the 
     exclusive benefit of the decedent's spouse, parent, child, 
     dependent relative, or estate. Compensation is recoverable 
     for nonpecuniary and pecuniary damages.
       ``(c) Jury Trial.--A claim under this section may be tried 
     with a jury.
       ``(d) Governing Law.--In an action under this section, the 
     maritime law of the United States shall apply.
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) affect the immunity of the United States or a State 
     from tort-based claims; or
       ``(2) allow a civil action to be brought against a member 
     of the Armed Forces.
       ``(f) Effective Date.--This section shall apply to any 
     death occurring after January 1, 2017.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended--
       (1) by redesignating the item relating to section 30308 as 
     the item relating to section 30309; and
       (2) by inserting after the item relating to section 30307 
     the following:

``30308. Death of a member of the Armed Forces from a collision on the 
              high seas.''.
                                 ______
                                 
  SA 2459. Mr. PERDUE 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 VIII, add the following:

     SEC. 847. REQUIREMENT TO AWARD CONTRACTS UNDER COMMERCIAL E-
                   COMMERCE PORTAL PROGRAM.

       (a) Accelerated Awarding of Contracts.--Section 846(a) of 
     the National Defense Authorization Act for Fiscal Year 2018 
     (Public Law 115-91; 41 U.S.C. 1901 note) is amended by adding 
     at the end the following: ``Not later than July 31, 2021, the 
     Administrator shall award contracts under the program to not 
     fewer than 10 commercial providers, including both e-
     marketplace providers that do not sell their own products on 
     their platforms and e-commerce providers. The Administrator 
     may waive the requirement in the preceding sentence for up to 
     30 days at a time upon submitting to the appropriate 
     congressional committees a certification that compliance with 
     such requirement is not feasible, including a description of 
     efforts to comply with such requirement and an explanation 
     why, despite such efforts, compliance is not feasible.''.
       (b) Report.--
       (1) In general.--Not later than March 31, 2021, the 
     Administrator of General Services shall submit to the 
     appropriate congressional committees a report describing how 
     the General Services Administration will implement paragraph 
     (3) of section 846(h) of the National Defense Authorization 
     Act for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901 
     note), as added by section 838(a)(2) of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232; 132 Stat. 1876).
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Oversight and Reform, and the Committee on Appropriations of 
     the House of Representatives.
                                 ______
                                 
  SA 2460. Mr. PERDUE 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. SENSE OF SENATE ON USE OF DIESEL OUTBOARD MARINE 
                   MOTORS BY DEPARTMENT OF DEFENSE.

        It is the sense of the Senate that--
       (1) in order to comply with directive 4140.43 of the 
     Department of Defense, which provides that fuel 
     standardization is required to minimize the number and 
     complexity of petroleum fuels required outside the 
     continental United States, it is essential for the 
     Department--
       (A) to phase out the use of light gasoline-fueled outboard 
     marine motors and replace them with diesel-fueled outboard 
     marine motors meeting military standards and specifications; 
     and
       (B) to design new equipment designated for shipment 
     overseas to use diesel fuel rather than gasoline-type fuels;
       (2) reliable diesel-fueled alternatives to traditional 
     outboard marine motors are now

[[Page S4295]]

     readily available for military use and have been tested and 
     evaluated through the Affordable Multi-fuel Multi-engine 
     Advanced Combatant Craft Rapid Innovation Funding Project 
     carried out by the Department of the Navy in fiscal year 
     2015; and
       (3) the Secretary of Defense is encouraged--
       (A) to establish operational military standards and 
     specifications for deployment of diesel-fueled outboard 
     motors that are informed by the innovation funding project 
     described in paragraph (2); and
       (B) to begin the process of phasing out light gasoline-
     fueled outboard marine motors and replacing them with diesel-
     fueled outboard marine motors meeting military standards and 
     specifications.
                                 ______
                                 
  SA 2461. 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, insert the following:

     SEC. ___. EXTENSION OF PERIOD FOR ADJUSTMENT OF STATUS FOR 
                   CERTAIN LIBERIAN NATIONALS.

       Section 7611(b)(1)(A) of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92) is amended by 
     striking ``1 year'' and inserting ``2 years''.
                                 ______
                                 
  SA 2462. Mr. VAN HOLLEN (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 553. EXTENSION OF PERIOD OF REVIEW OF WORLD WAR I VALOR 
                   MEDALS.

       Section 584(f) of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1413; 10 
     U.S.C. 7271 note) is amended by striking ``not later than 
     five years after the date of the enactment of this Act'' and 
     inserting ``not later than December 20, 2026''.
                                 ______
                                 
  SA 2463. Mr. VAN HOLLEN (for himself, Mr. Durbin, Mrs. Feinstein, Mr. 
Udall, Mr. Coons, and Mr. Markey) 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, insert the 
     following:

     SEC. 12__. REQUIREMENTS RELATING TO THE NEW START TREATY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should extend until February 2026 the 
     New START Treaty unless the President determines and notifies 
     the appropriate committees of Congress that--
       (A) the Russian Federation is in material breach of the New 
     START Treaty; or
       (B) the United States and the Russian Federation have 
     entered into a new arms control agreement to replace the New 
     START Treaty that provides equal or greater constraints, 
     transparency, and verification measures with respect to the 
     nuclear forces of the Russian Federation;
       (2) extending the New START Treaty would facilitate efforts 
     by the United States to pursue additional arms control 
     measures with the Russian Federation, including measures to 
     address nonstrategic nuclear weapons and long-range strategic 
     delivery systems of the Russian Federation that are under 
     development and not covered by the New START Treaty;
       (3) the United States should pursue more frequent bilateral 
     and multilateral talks on nuclear risk reduction and arms 
     control measures to address a changing global strategic 
     environment; and
       (4) an extension of the New START Treaty would facilitate 
     efforts by the United States to limit the size and growth of 
     the nuclear arsenal of the People's Republic of China.
       (b) Certifications in the Absence of Extension of the New 
     START Treaty.-- In the case of the expiration of the New 
     START Treaty in the absence of a new arms control agreement 
     between the United States and the Russian Federation to 
     replace the New START Treaty that provides equal or greater 
     constraints, transparency, and verification measures with 
     respect to the nuclear forces of the Russian Federation, on 
     the date of such expiration, the President shall submit to 
     the appropriate committees of Congress a justification for 
     having allowed the New START Treaty to expire.
       (c) Reports.--
       (1) Director of national intelligence report on people's 
     republic of china nuclear forces.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report on the size and posture of the strategic 
     nuclear forces of the People's Republic of China.
       (B) Elements.--The report required by subparagraph (A) 
     shall include the following elements:
       (i) An assessment of the size, force structure, and 
     operational status of the long-range nuclear-capable delivery 
     vehicles of the People's Republic of China that meet the 
     definition of systems counted under the New START Treaty.
       (ii) The number of nuclear warheads possessed by the 
     Government of the People's Republic of China.
       (iii) A description of the efforts of the Government of the 
     People's Republic of China to modernize and modify its 
     nuclear force structure.
       (iv) A description of the potential changes to the nuclear 
     force structure and posture of the People's Republic of China 
     if the United States and the Russian Federation are no longer 
     bound by the limits in the New START Treaty.
       (C) Form.--The report required by subparagraph (A) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (2) Secretary of state briefing on the people's republic of 
     china nuclear forces.--Not later than 60 days after the date 
     of the enactment of this Act, and every 180 days thereafter, 
     the Secretary of State, in consultation with the Secretary of 
     Defense, shall provide a briefing to the appropriate 
     committees of Congress that includes the following:
       (A) A description of any discussion with the Government of 
     the People's Republic of China on the New START Treaty or a 
     similar agreement on the reduction and limitation of 
     strategic offensive weapons at the Assistant Secretary, 
     Ambassadorial level or higher.
       (B) The date, location, discussion topic, and name of 
     Chinese individuals involved in any such discussion.
       (C) An identification of the United States Government 
     departments and agencies involved in any such discussion.
       (D) The types of delivery systems, including nuclear and 
     nonnuclear delivery systems, discussed by the Government of 
     the United States or the Government of the People's Republic 
     of China as the potential subjects of an agreement in any 
     such discussion.
       (3) United states nuclear force structure.--
       (A) In general.--Not later than June 5, 2021, in the case 
     of the expiration of the New START Treaty or a termination 
     under Article XIV of the Treaty, the Secretary of Defense and 
     the Administrator of the National Nuclear Security 
     Administration, in coordination with the Secretary of the 
     Navy, the Secretary of the Air Force, and the Commander of 
     the United States Strategic Command, shall submit to the 
     appropriate committees of Congress a report on changes to the 
     predicted nuclear force structure of the United States in the 
     absence of New START Treaty limits.
       (B) Elements.--The report required under subparagraph (A) 
     shall include the following:
       (i) The information required to be submitted in the report 
     required by section 1043 of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 
     125 Stat. 1576).
       (ii) A description of the size, composition, and posture of 
     the alternative nuclear force structures of the United States 
     through February 2026 necessary for meeting the objectives of 
     nuclear deterrence, extended deterrence, assurance of allies, 
     and defense for each of the following potential scenarios:

       (I) The Russian Federation is increasing its strategic 
     nuclear forces above New START Treaty limits in a militarily 
     significant way.
       (II) The Russian Federation is increasing its strategic 
     nuclear forces above New START Treaty limits but not in a 
     militarily significant way.
       (III) The Russian Federation is staying below New START 
     Treaty limits.

       (iii) With respect to the description for each potential 
     scenario described in clause (ii), the following:

       (I) A description of deployed and non-deployed 
     intercontinental ballistic missiles, submarine-launched 
     ballistic missiles, and heavy bombers (as defined in the New 
     START Treaty).
       (II) The types and number of warheads for each deployed 
     delivery vehicle described in subparagraph (I).
       (III) The number of non-deployed and retired warheads.
       (IV) A description of changes necessary to increase United 
     States nuclear forces above the central limits of the New 
     START Treaty, including--

       (aa) the manner in which each military department plans to 
     implement such changes, including an implementation schedule 
     and associated key decision points; and
       (bb) a description of the associated costs, the technical 
     and operational implications,

[[Page S4296]]

     and impact of such changes on nuclear modernization program 
     costs and timelines.
       (d) Prohibitions on Increase in Certain Warheads and 
     Deployed Delivery Vehicles.--
       (1) Warheads.--In the case of the expiration of the New 
     START Treaty or a termination under Article XIV of the 
     Treaty, none of the funds authorized to be appropriated by 
     this Act or otherwise made available for fiscal year 2021 for 
     the Department of Defense may be obligated or expended to 
     increase above 1,550 the number of deployed warheads on 
     launchers for intercontinental ballistic missiles, submarine-
     launched ballistic missiles, and heavy bombers, consistent 
     with the counting rules of the New START Treaty, unless each 
     of the following conditions are met:
       (A) Not less than 120 days before the planned date of such 
     deployment, the President submits to the appropriate 
     committees of Congress--
       (i) a description of the type and number of warheads to be 
     added to the deployed force;
       (ii) a description of the type and number of delivery 
     systems on which each warhead described in subparagraph (A) 
     is deployed;
       (iii) a certification by the Commander of the United States 
     Strategic Command, in coordination with the Secretary of 
     Defense and the Secretary of State, that the added warheads 
     are necessary for meeting United States targeting 
     requirements and objectives with respect to nuclear 
     deterrence, extended deterrence, assurance of allies, and 
     defense;
       (iv) a description of the associated costs, the technical 
     and operational implications, and impact of such deployment 
     on nuclear modernization program costs and timelines;
       (v) a justification with respect to the strategic and 
     threat environments that necessitate such deployment; and
       (vi) an assessment of the likely political and military 
     responses and countermeasures by the Russian Federation and 
     People's Republic of China to such deployment, including the 
     strategic and threat implications of such responses and 
     countermeasures.
       (B) Not less than 120 days before the planned date of such 
     deployment, the Director of National Intelligence submits to 
     the appropriate committees of Congress an assessment 
     described in paragraph (3).
       (C) On or after the date on which the reports described in 
     subparagraphs (A) and (B) are submitted, Congress has 
     adopted, and there is enacted, a joint resolution stating 
     that Congress approves such deployment.
       (2) Deployed delivery systems.--In the case of the 
     expiration of the New START Treaty or a termination under 
     Article XIV of the Treaty, none of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2021 for the Department of Defense may be 
     obligated or expended to increase above 700 the number of 
     intercontinental ballistic missiles, submarine-launched 
     ballistic missiles, and heavy bombers that count as deployed 
     under the terms of the New START Treaty unless each of the 
     following conditions are met:
       (A) Not less than 120 days before the planned date of such 
     deployment, the President submits to the appropriate 
     committees of Congress--
       (i) a description of the type and number of delivery 
     systems to be added to the deployed force;
       (ii) a description of the necessary changes to the 
     composition of deployed intercontinental ballistic missiles, 
     submarine-launched ballistic missiles, and heavy bombers with 
     respect to the deployment described in clause (i);
       (iii) a description of the number and types of warheads 
     added to the deployed force for each delivery system 
     described in clause (ii);
       (iv) a certification by the Commander of the United States 
     Strategic Command, in coordination with the Secretary of 
     Defense, that the added launchers are necessary for meeting 
     United States targeting requirements and objectives with 
     respect to nuclear deterrence, extended deterrence, assurance 
     of allies, and defense;
       (v) a description of the associated costs, the technical 
     and operational implications and impact of such deployment on 
     nuclear modernization program costs and timelines;
       (vi) a justification with respect to the strategic and 
     threat environments that necessitate such deployment; and
       (vii) an assessment of the likely political and military 
     responses and countermeasures by the Russian Federation and 
     People's Republic of China to such deployment, including the 
     strategic and threat implications of such responses and 
     countermeasures.
       (B) Not less than 120 days before the planned date of such 
     deployment, the Director of National Intelligence submits to 
     the appropriate committees of Congress the assessment 
     described in paragraph (3).
       (C) On or after the date on which the reports described in 
     subparagraphs (A) and (B) are submitted, Congress has 
     adopted, and there is enacted, a joint resolution stating 
     that Congress approves such deployment.
       (3) Director of national intelligence assessment.--
       (A) In general.--The assessment described in this paragraph 
     is an assessment of the size, composition, and posture of the 
     strategic nuclear forces of the Russian Federation.
       (B) Elements.-- An assessment described in this paragraph 
     shall include the following:
       (i) An assessment of the size, composition, and posture of 
     deployed and non-deployed intercontinental ballistic 
     missiles, submarine-launched ballistic missiles, and heavy 
     bombers (as defined in the New START Treaty) of the Russian 
     Federation.
       (ii) An assessment of the number of deployed warheads on 
     the intercontinental ballistic missiles, submarine-launched 
     ballistic missiles, and heavy bombers of the Russian 
     Federation, consistent with the counting rules under the New 
     START Treaty.
       (C) Form.--An assessment described in this paragraph shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
       (2) New start treaty; treaty.--The terms ``New START 
     Treaty'' and ``Treaty'' mean the Treaty between the United 
     States of America and the Russian Federation on Measures for 
     the Further Reduction and Limitation of Strategic Offensive 
     Arms, signed at Prague April 8, 2010, and entered into force 
     February 5, 2011.
                                 ______
                                 
  SA 2464. 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:

       In section 1532(d)(2), strike subparagraph (B) and insert 
     the following:
       (B) by striking ``as the Inspector General considers 
     appropriate'' and inserting ``as appropriate''; and
       In section 1532, in the new paragraph (1) of section 
     1229(n) of the National Defense Authorization Act for Fiscal 
     Year 2008 (5 U.S.C. app. 8G note), as redesignated and 
     amended by subsections (f)(1) and (j), respectively, of such 
     section 1532, strike subparagraph (F) and insert the 
     following:
       ``(F) The Afghanistan Security Forces Fund.
       ``(G) Any fund administered by a multilateral or 
     international organization or a foreign government, including 
     the Government of Afghanistan, that receives United States 
     funding designated for the reconstruction of Afghanistan.
       ``(H) The United States International Development Finance 
     Corporation.
       ``(I) The Non-Proliferation, Anti-Terrorism, Demining, and 
     Related Programs account.
       ``(J) Accounts administered by the Drug Enforcement Agency 
     and the Department of Justice.
       ``(K) Department of Agriculture programs.
       ``(L) The Bureau of Educational and Cultural Affairs of the 
     Department of State.
       ``(M) The International Development Finance Corporation.''.
       In section 1532, strike paragraph (3) of section 1229(p) of 
     the National Defense Authorization Act for Fiscal Year 2008 
     (5 U.S.C. app. 8G note), as redesignated and amended by 
     subsections (f)(1) and (k), respectively, of such section 
     1532.
                                 ______
                                 
  SA 2465. Mr. CRAPO (for himself and Mr. Brown) 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, insert the 
     following:

     SEC. 1287. MODIFICATIONS TO EXPORT CONTROL LAWS.

       (a) Export Control Reform Act of 2018.--The Export Control 
     Reform Act of 2018 (50 U.S.C. 4801 et seq.) is amended--
       (1) in section 1753(a)(2)(F) (50 U.S.C. 4812(a)(2)(F)), by 
     striking ``foreign military intelligence services'' and 
     inserting ``foreign national militaries, intelligence 
     services, or police'';
       (2) in section 1754 (50 U.S.C. 4813)--
       (A) by striking subsection (b);
       (B) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively; and
       (C) in subsections (d) and (e), as redesignated by 
     subparagraph (B), by striking ``subsection (d)'' each place 
     it appears and inserting ``subsection (c)'';
       (3) in section 1758 (50 U.S.C. 4817)--
       (A) in subsection (b)(4), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Mandatory exceptions.--The Secretary may not control 
     under this subsection the export of any technology if the 
     regulation of the export of that technology is prohibited 
     under any provision of law.'';
       (B) by striking subsection (e); and

[[Page S4297]]

       (C) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively;
       (4) in section 1760(a)(3) (50 U.S.C. 4819(a)(3)), by 
     inserting ``and any other relevant agency'' after ``notify 
     the Department of Commerce'';
       (5) in section 1761(h) (50 U.S.C. 4820(h))--
       (A) in paragraph (1)(A), by inserting ``requested or'' 
     after ``Information''; and
       (B) in paragraph (3), by adding at the end the following:
       ``(E) Disclosure of information.--Except as provided in 
     this paragraph, information described in subparagraph (B) of 
     paragraph (1) obtained in the administration or enforcement 
     of export controls under the licensing jurisdiction of the 
     Department of Commerce may not be disclosed by a Federal 
     agency other than the Department of Commerce unless the 
     release of such information is determined by the Secretary to 
     be in the national interest under subparagraph (A) of that 
     paragraph.'';
       (6) in section 1765(a)(8) (50 U.S.C. 4824(a)(8)), by 
     striking ``section 1759'' and inserting ``section 1758'';
       (7) in section 1768(c) (50 U.S.C. 4826(c)), by striking 
     ``section 1754(c)'' each place it appears and inserting 
     ``section 1754(b)'';
       (8) in section 1773(b)(1) (50 U.S.C. 4842(b)(1))--
       (A) by striking ``section 1752(1)(D)'' and inserting 
     ``section 1752(2)(D)''; and
       (B) by striking ``this section'' and inserting ``section 
     1772''; and
       (9) in section 1774(a) (50 U.S.C. 4843(a)), in the matter 
     preceding paragraph (1), by inserting ``described in'' after 
     ``unlawful act''.
       (b) Conforming Amendment to International Emergency 
     Economic Powers Act.--Section 203(b)(3) of the International 
     Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)) is 
     amended by striking ``section 5 of the Export Administration 
     Act of 1979'' and all that follows through ``antiterrorism 
     policies of the United States'' and inserting ``section 1753 
     of the Export Control Reform Act of 2018 (50 U.S.C. 4812) to 
     the extent that such controls promote the national security 
     or foreign policy of the United States as set forth in 
     section 1752 of that Act (50 U.S.C. 4811)''.
       (c) Repeal of Export Controls on High Performance 
     Computers.--Subtitle B of title XII of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 50 
     U.S.C. 4604 note) is repealed.
       (d) Repeal of Report on Certain Export Licenses.--Section 
     1503 of the Emergency Wartime Supplemental Appropriations 
     Act, 2003 (Public Law 108-11; 117 Stat. 579) is amended by 
     striking ``Provided further, That not more'' and all that 
     follows through ``such items:''.
       (e) Repeal of Reports on State Sponsors of Terrorism.--
     Section 906 of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7205) is amended--
       (1) by striking subsections (b) and (c);
       (2) by striking ``(a) Requirement.--'';
       (3) by redesignating paragraphs (1) and (2) as subsections 
     (a) and (b), respectively, and by moving such subsections, as 
     so redesignated, 2 ems to the left;
       (4) in subsection (a), as redesignated by paragraph (3), by 
     striking ``section 6(j)(1) of the Export Administration Act 
     of 1979 (50 U.S.C. App. 2405(j)(1))'' and inserting ``section 
     1754(b)(1)(A)(i) of the Export Control Reform Act of 2018''; 
     and
       (5) in subsection (b), as so redesignated, by striking 
     ``Paragraph (1)'' and inserting ``Subsection (a)''.
                                 ______
                                 
  SA 2466. Mr. LANKFORD (for himself, Ms. Sinema, and Mr. Coons) 
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. __. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED 
                   STATES PATENT AND TRADEMARK OFFICE.

       (a) In General.--Section 5711 of title 5, United States 
     Code, is amended--
       (1) in the section heading, by striking ``test'';
       (2) in subsection (f)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``committee'' and inserting ``committees''; and
       (ii) in subparagraph (B), by striking ``Government'';
       (B) in paragraph (2)--
       (i) by striking ``test''; and
       (ii) by striking ``section , including the provision of 
     reports in accordance with subsection (d)(1)'' and inserting 
     ``subsection'';
       (C) in paragraph (4)(B), in the matter preceding clause 
     (i), by inserting ``and maintain'' after ``develop''; and
       (D) in paragraph (5)--
       (i) in subparagraph (A), by striking ``test''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) The Director of the Patent and Trademark Office shall 
     prepare and submit to the appropriate committees of Congress 
     an annual report on the operation of the program under this 
     subsection, which shall include--
       ``(i) the costs and benefits of the program; and
       ``(ii) an analysis of the effectiveness of the program, as 
     determined under criteria developed by the Director.''; and
       (3) in subsection (g), by striking ``this section'' and 
     inserting ``subsection (b)''.
       (b) Technical and Conforming Amendments.--The table of 
     sections for subchapter I of chapter 57 of title 5, United 
     States Code, is amended by striking the item relating to 
     section 5711 and inserting the following:

``5711. Authority for telework travel expenses programs.''.
                                 ______
                                 
  SA 2467. Ms. HARRIS 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 F of title XII, insert the 
     following:

     SEC. 1274. REPORT ON THREATS TO THE UNITED STATES ARMED 
                   FORCES FROM THE RUSSIAN FEDERATION.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Director of National Intelligence and 
     the Secretary of State, shall submit to the appropriate 
     committees of Congress a report on threats to the United 
     States Armed Forces from the Russian Federation and 
     associated agents, entities, and proxies.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of threats to the United States Armed 
     Forces from the Russian Federation and associated agents, 
     entities, and proxies in all theaters in which the United 
     States Armed Forces are engaged.
       (2) A description of all actions taken to ensure force 
     protection of the United States Armed Forces and United 
     States diplomats.
       (3) A description of nonmilitary actions taken to emphasize 
     to the Russia Federation that the United States will not 
     tolerate threats to the United States Armed Forces, allies of 
     the United States, or United States diplomats or operations.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the 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 2468. Mr. MENENDEZ (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SUBMISSION OF DATA RELATING TO DIVERSITY BY 
                   ISSUERS.

       Section 13 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m) is amended by adding at the end the following:
       ``(s) Submission of Data Relating to Diversity.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `executive officer' has the meaning given 
     the term in section 230.501 of title 17, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     subsection; and
       ``(B) the term `veteran' has the meaning given the term in 
     section 101 of title 38, United States Code.
       ``(2) Submission of disclosure.--Each issuer required to 
     file an annual report under subsection (a) shall disclose in 
     any proxy statement relating to the election of directors, 
     and in any information statement that so relates, that is 
     filed with the Commission the following:
       ``(A) Data, based on voluntary self-identification, on the 
     racial, ethnic, and gender composition of--
       ``(i) the board of directors of the issuer;
       ``(ii) nominees for the board of directors of the issuer; 
     and
       ``(iii) the executive officers of the issuer.
       ``(B) The status, based on voluntary self-identification, 
     of any member of the board of directors of the issuer, any 
     nominee for the board of directors of the issuer, or any 
     executive officer of the issuer as a veteran.
       ``(C) Whether the board of directors of the issuer, or any 
     committee of that board of directors, has, as of the date on 
     which the issuer makes a disclosure under this paragraph, 
     adopted any policy, plan, or strategy

[[Page S4298]]

     to promote racial, ethnic, and gender diversity among--
       ``(i) the board of directors of the issuer;
       ``(ii) nominees for the board of directors of the issuer; 
     or
       ``(iii) the executive officers of the issuer.
       ``(3) Alternative submission.--In any 1-year period in 
     which an issuer required to file an annual report under 
     subsection (a) does not file with the Commission a proxy 
     statement or information statement described in paragraph 
     (2), the issuer shall disclose the information required under 
     that paragraph in the first annual report of the issuer that 
     the issuer submits to the Commission after the end of that 1-
     year period.
       ``(4) Best practices.--
       ``(A) In general.--Not later than 3 years after the date of 
     enactment of this subsection, and once every 3 years 
     thereafter, the Director of the Office of Minority and Women 
     Inclusion of the Commission (referred to in this paragraph as 
     the `Director'), in consultation with the advisory council 
     established under subparagraph (C), shall publish best 
     practices with respect to compliance with this subsection.
       ``(B) Comments.--The Director may, pursuant to subchapter 
     II of chapter 5 of title 5, United States Code, solicit 
     public comments relating to the best practices published 
     under subparagraph (A).
       ``(C) Advisory council.--The Director shall, in accordance 
     with the Federal Advisory Committee Act (5 U.S.C. App.), 
     establish an advisory council that shall--
       ``(i) include issuers and investors; and
       ``(ii) advise the Director with respect to the best 
     practices published under subparagraph (A).''.
                                 ______
                                 
  SA 2469. 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 subtitle G of title XII, add the following:

     SEC. 128_. OVERSIGHT OF EXPORT OF SILENCERS TO PROTECT 
                   AMERICAN SOLDIERS AND NATIONALS ABROAD.

       (a) In General.--Any proposed license to export firearms 
     silencers, mufflers, and sound suppressors to any foreign 
     nongovernmental person, group, or organization may not be 
     issued until after the proposed license is submitted to 
     Congress for review and certification in accordance with 
     section 36(c) of the Arms Export Control Act (22 U.S.C. 
     2776(c)), regardless of the dollar value of the proposed 
     export.
       (b) Secretary of State Determination.--
       (1) In general.--The license referred to in subsection (a) 
     may not be issued unless the Secretary of State--
       (A) determines that the proposed export does not pose a 
     risk for the retransfer of the items referred to in such 
     subsection to foreign persons, including terrorists, 
     terrorist groups, insurgent groups, criminals or criminal 
     organizations; and
       (B) submits a report to Congress that sets forth the 
     reasons for, and the information supporting, such 
     determination.
       (2) Form of report.--The report required under paragraph 
     (1)(B) shall be unclassified and shall be made available to 
     the public to the maximum extent possible, but may include a 
     classified annex.
                                 ______
                                 
  SA 2470. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL SUPPLY CHAIN DATABASE.

       (a) Establishment of National Supply Chain Database.--The 
     Director of the National Institute of Standards and 
     Technology (referred to in this Act as the ``NIST'') shall 
     establish a National Supply Chain Database that will assist 
     the Nation in minimizing disruptions in the supply chain by 
     having an assessment of United States manufacturers' 
     capabilities.
       (b) Connections With State Manufacturing Extension 
     Partnerships.--
       (1) In general.--The infrastructure for the National Supply 
     Chain Database shall be created through the Hollings 
     Manufacturing Extension Partnership (MEP) program of the 
     National Institute of Standards and Technology by connecting 
     the Hollings Manufacturing Extension Partnerships Centers 
     through the National Supply Chain Database.
       (2) National view.--The connection provided through the 
     National Supply Chain Database shall provide a national view 
     of the supply chain and enable the National Institute of 
     Standards and Technology to understand whether there is a 
     need for some manufacturers to retool in some key areas to 
     meet the need of urgent products, such as defense supplies, 
     food, and medical devices, including personal protective 
     equipment.
       (3) Individual state databases.--Each State's supply chain 
     database maintained by the NIST- recognized Manufacturing 
     Extension Partnership Center within the State shall be 
     complementary in design to the National Supply Chain 
     Database.
       (c) Maintenance of National Supply Chain Database.--The 
     Hollings Manufacturing Extension Partnership program or its 
     designee shall maintain the National Supply Chain Database as 
     an integration of the State level databases from each State's 
     Manufacturing Extension Partnership Center and may be 
     populated with information from past, current, or potential 
     Center clients.
       (d) Database Content.--
       (1) In general.--The National Supply Chain Database may--
       (A) provide basic company information;
       (B) provide an overview of capabilities, accreditations, 
     and products;
       (C) contain proprietary information; and
       (D) include other items determined necessary by the 
     Director of the NIST.
       (2) Searchable database.--The National Supply Chain 
     Database shall use the North American Industry Classification 
     System (NAICS) Codes as follows:
       (A) Sector 31-33 - Manufacturing.
       (B) Sector 54 - Professional, Scientific, and Technical 
     Services.
       (C) Sector 48-49 - Transportation and Warehousing.
       (3) Levels.--The National Supply Chain Database shall be 
     multi-leveled as follows:
       (A) Level 1 shall have basic company information and shall 
     be available to the public.
       (B) Level 2 shall have a deeper overview into capabilities, 
     products, and accreditations and shall be available to all 
     companies that contribute to the database and agree to terms 
     of mutual disclosure.
       (C) Level 3 shall hold proprietary information.
       (4) Exempt from public disclosure.--The National Supply 
     Chain Database and any information related to it not publicly 
     released by NIST shall be exempt from public disclosure under 
     section 552 of title 5, United States Code, and access to 
     non-public content shall be limited to the contributing 
     company and Manufacturing Extension Partnership Center staff 
     who sign an appropriate non-disclosure agreement.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 for fiscal year 2021 to 
     develop and launch the National Supply Chain Database.
                                 ______
                                 
  SA 2471. Mr. WARNER (for himself and Mr. Kaine) 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 VIII, add the following:

     SEC. 815. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR 
                   INDUSTRIAL SKILLS PROGRAM.

       (a) Authority.--
       (1) In general.--The Secretary of Defense shall carry out 
     and accelerate the Department of Defense National Imperative 
     for Industrial Skills Program within the Industrial Base 
     Analysis and Sustainment (IBAS) Office to evaluate and 
     further develop workforce development training programs for 
     training the skilled industrial workers needed in the defense 
     industrial base.
       (2) Priorities.--In carrying out the program, the Secretary 
     shall prioritize--
       (A) innovative training programs that can rapidly train 
     skilled workers for placement in the defense industrial base 
     faster than traditional training programs and at the scale 
     needed to measurably reduce, as rapidly as possible, the 
     manpower shortages that currently exist; and
       (B) training programs that can address the specific 
     manufacturing requirements and skills that are unique to 
     critical industrial sectors of the defense industrial base, 
     such as naval shipbuilding.
       (b) Funding.--
       (1) Authorization of appropriations.--The amount authorized 
     to be appropriated for the Department of Defense for fiscal 
     year 2021 for Research, Development, Test, and Evaluation, 
     Defense-wide and available for Industrial Base Analysis and 
     Sustainment Support is increased by $7,500,000, with the 
     amount of such increase to be available for pilot projects 
     carried out pursuant to subsection (a).
       (2) Offset.--The amount authorized to be appropriated for 
     the Department of Defense for fiscal year 2021 for Operation 
     and Maintenance, Army and available for SAG 421 Servicewide 
     Transportation is reduced by $7,500,000.
                                 ______
                                 
  SA 2472. 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,

[[Page S4299]]

and for defense activities of the Department of Energy, to prescribe 
military personnel 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. EFFORTS TO MEDIATE GRAND ETHIOPIAN RENAISSANCE DAM 
                   DISPUTE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) an equitable outcome of negotiations over the future of 
     the Grand Ethiopian Renaissance Dam that promotes sustainable 
     economic, energy, and agricultural development is in the best 
     interest of regional actors as well as United States 
     interests in East and North Africa; and
       (2) the Department of State's diplomatic corps should lead 
     interagency United States Government efforts to facilitate 
     negotiations and engage with regional actors in support of a 
     solution.
       (b) Report.--Not later than 10 days after the date of the 
     enactment of this Act, and every 30 days thereafter, the 
     Secretary of State shall submit to Congress a report 
     including--
       (1) a description of the status of United States efforts to 
     mediate the dispute over the Grand Ethiopian Renaissance Dam, 
     including diplomatic actions taken over the previous 180 days 
     to support a settlement;
       (2) a description of the outcome of African Union and other 
     initiatives to facilitate an agreement among Egypt, Ethiopia, 
     and Sudan;
       (3) the United States Government diplomatic strategy to 
     encourage an agreement and mitigate the risks that a failure 
     to reach an agreement poses for the three countries and the 
     region; and
       (4) an analysis prepared by the Bureau of Intelligence and 
     Research, in classified form as necessary, of--
       (A) the effectiveness of United States efforts to 
     facilitate negotiations to date;
       (B) the perceptions within Egypt, Ethiopia, and Sudan of 
     United States efforts to facilitate negotiation; and
       (C) potential triggers for conflict.
       (c) Limitation on Withholding of Funds.--The Secretary of 
     State may not withhold any United States assistance to Egypt, 
     Ethiopia, or Sudan until 60 days after notifying the 
     appropriate congressional committees of the decision to 
     withhold such funds.
                                 ______
                                 
  SA 2473. Mr. PETERS (for himself, Mr. Portman, Mr. King, and Mr. 
Sasse) 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, insert the following:

      TITLE XVII--ASSESSING A CYBER STATE OF DISTRESS ACT OF 2020

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Assessing a Cyber State of 
     Distress Act of 2020''.

     SEC. 1702. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security and the Committee on 
     Oversight and Reform of the House of Representatives.
       (2) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in section 
     1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
       (3) Cyber response and recovery fund.--The term ``Cyber 
     Response and Recovery Fund'' means a fund intended to support 
     the response and recovery from a significant cyber incident, 
     the disbursement of which may be triggered by a declaration 
     of a cyber state of distress.
       (4) Cyber state of distress.--The term ``cyber state of 
     distress'' means a state of distress that--
       (A) begins with a Federal declaration; and
       (B) triggers additional financial and material assistance 
     in responding to significant cyber incidents.
       (5) 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.

     SEC. 1703. ASSESSMENT OF CYBER STATE OF DISTRESS.

       (a) In General.--Not later than 180 days after the 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the head of any agency or non-Federal 
     entity determined appropriate by the Secretary, shall conduct 
     an assessment of the feasibility and advisability of 
     establishing an authority for the declaration of a cyber 
     state of distress.
       (b) Elements.-- The assessment required under subsection 
     (a) shall include--
       (1) a review of recommendations developed by the Cyberspace 
     Solarium Commission under section 1652(k) of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 2146); and
       (2) the development of additional recommendations relating 
     to--
       (A) the determinations that the Secretary should make and 
     any other actions that should be taken before the Secretary 
     is authorized to declare or renew a cyber state of distress, 
     including whether the declaration or any renewal should 
     require congressional oversight or approval;
       (B) the definition of the term ``significant cyber 
     incident'', which shall include a consideration of the threat 
     and scope or magnitude of the impact of such an incident;
       (C) the authority for the coordination, including the 
     extent and type of coordination, of the response of--
       (i) Federal, State, local, and Tribal governments, 
     including the National Guard; and
       (ii) private entities;
       (D) the appropriate duration of a cyber state of distress 
     and any renewal of a cyber state of distress;
       (E) whether there should be a limitation on the number of 
     renewals of a cyber state of distress, with or without 
     congressional oversight or approval;
       (F) the interaction, duplication, coordination, and 
     deconfliction of--
       (i) authorities or functions for the preparation for, 
     response to, or recovery from a significant cyber incident 
     that the Secretary of Homeland Security recommends granting 
     or assigning under this paragraph; and
       (ii) existing authorities or functions established by law 
     or policy that may relate to preparing for, responding to, or 
     recovery from a significant cyber incident, including under 
     --

       (I) the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.);
       (II) the National Emergencies Act (50 U.S.C. 1601 et seq.);
       (III) continuity of government plans;
       (IV) other national disaster plans; and
       (V) any other Federal authority the Secretary of Homeland 
     Security determines appropriate;

       (G) appropriate exemptions from applicable legal 
     requirements necessary to facilitate activities during a 
     cyber state of distress;
       (H) the scope of any allowable activities--
       (i) in preparation for a declaration of a cyber state of 
     distress;
       (ii) during a cyber state of distress; or
       (iii) immediately following the termination of the cyber 
     state of distress;
       (I) the scope of any other interaction between Federal 
     entities and between Federal and non-Federal entities; and
       (J) any other aspects of a cyber state of distress that the 
     Secretary of Homeland Security determines relevant.

     SEC. 1704. ASSESSMENT OF CYBER RESPONSE AND RECOVERY FUND.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct an assessment of the feasibility and 
     advisability of establishing a Cyber Response and Recovery 
     Fund.
       (b) Elements.--The assessment required under subsection (a) 
     shall include--
       (1) a review of recommendations developed by the Cyberspace 
     Solarium Commission under section 1652(k) of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 2146); and
       (2) the development of additional recommendations relating 
     to--
       (A) the administration of a Cyber Response and Recovery 
     Fund;
       (B) the eligibility of entities that may receive direct or 
     indirect support under a Cyber Response and Recovery Fund, 
     including eligibility for the receipt of direct or indirect 
     support by--
       (i) Federal entities;
       (ii) State, local, and Tribal governments;
       (iii) owners and operators of critical infrastructure; and
       (iv) private sector entities that are not owners or 
     operators of critical infrastructure;
       (C) allowable expenses for a Cyber Response and Recovery 
     Fund;
       (D) whether any entity receiving funds from the Cyber 
     Response and Recovery Fund should be required to match funds 
     or reimburse any funds to the Cyber Response and Recovery 
     Fund;
       (E) with respect to funding available for the response to, 
     and recovery from a significant cyber incident, the 
     interaction, duplication, coordination, and deconfliction of 
     that funding, or applications for that funding, provided--
       (i) from a Cyber Response and Recovery Fund; or
       (ii) under--

       (I) the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.);
       (II) the National Emergencies Act (50 U.S.C. 1601 et seq.); 
     or
       (III) any other Federal grant program relating to 
     cybersecurity or natural disaster response or recovery.

     SEC. 1705. BRIEFING.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall provide a briefing to each appropriate congressional 
     committee on the assessments carried

[[Page S4300]]

     out by the Secretary of Homeland Security under sections 1703 
     and 1704 that includes--
       (1) the findings from the assessments; and
       (2) legislative proposals for the establishment of--
       (A) an authority for the declaration of a cyber state of 
     distress; and
       (B) a Cyber Response and Recovery Fund.
       (b) Format.--Each briefing required under subsection (a)--
       (1) shall be completed in a manner that is unclassified; 
     and
       (2) may include a classified component.
                                 ______
                                 
  SA 2474. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL BIODEFENSE STRATEGY UPDATES.

       (a) Updated Biodefense Threat Assessment.--
       (1) In general.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, the Secretary of 
     Defense, the Secretary of Agriculture, the Secretary of 
     Health and Human Services, and the Director of National 
     Intelligence, shall--
       (A) conduct an assessment of current and potential 
     biological threats against the United States, both naturally 
     occurring and man-made, either accidental or deliberate, 
     including the potential for catastrophic biological threats 
     on the scale of the COVID-19 pandemic or greater;
       (B) not later than 1 year after the date of enactment of 
     this section, submit the findings of the assessment conducted 
     under subparagraph (A) to the Federal officials described in 
     subsection (b)(1);
       (C) not later than 30 days of the date on which the 
     assessment is submitted under subparagraph (B), conduct a 
     briefing for the appropriate congressional committees on the 
     findings of the assessment;
       (D) update the assessment under subparagraph (A) biennially 
     as appropriate, and provide the findings of such updated 
     assessments to the Federal officials described in subsection 
     (b)(1); and
       (E) conduct briefings for the appropriate congressional 
     committees as needed any time an assessment under this 
     paragraph is updated.
       (2) Classification and format.--Assessments under paragraph 
     (1) shall be submitted in an unclassified format and include 
     a classified annex.
       (b) Updated Implementation Plan for National Biodefense 
     Strategy.--
       (1) In general.--The Secretary of Health and Human 
     Services, the Secretary of State, the Secretary of Defense, 
     the Secretary of Agriculture, the Secretary of Homeland 
     Security, and all other Departments and agencies with 
     responsibilities for biodefense, in consultation with the 
     National Security Advisor and Director of the Office of 
     Management and Budget, as appropriate, shall jointly--
       (A) consider the assessment in subsection (a);
       (B) seek input from relevant external stakeholders;
       (C) provide an updated comprehensive Implementation Plan 
     for the National Biodefense Strategy (referred to in this 
     section as the ``Strategy''), under section 1086 of the 
     National Defense Authorization Act for Fiscal Year 2017 (6 
     U.S.C. 104), which shall include--
       (i) short-, medium-, and long-term goals and objectives for 
     executing the Strategy;
       (ii) metrics for meeting each objective of the Strategy;
       (iii) the specific roles and responsibilities of each 
     relevant Federal agency in the execution of the Strategy;
       (iv) resource plans developed by each department and agency 
     with responsibility for biodefense to staff, support, and 
     sustain efforts to execute the Strategy within the 
     jurisdiction of such department or agency;
       (v) guidance on the decision-making process for individual 
     agency budgets and for identifying and enforcing enterprise-
     wide decisions and priorities under the Strategy;
       (vi) recommendations on methods for analyzing the data 
     collected from relevant agencies, including ensuring that 
     non-Federal resources and capabilities are accounted for in 
     analysis under the Strategy; and
       (vii) guidance for identifying biodefense allocations 
     within individual agency budget submissions to the Office of 
     Management and Budget, aligned with the objectives in the 
     Strategy; and
       (D) not later than 6 months after the date of the 
     completion of the assessment in subsection (a)(1)(A), submit 
     such Implementation Plan to the appropriate congressional 
     committees.
       (2) Classification and format.--Assessments under paragraph 
     (1) shall be submitted in an unclassified format and include 
     a classified annex, as appropriate.
       (c) Definition.--In this section, the term ``appropriate 
     congressional committees'' means those committees described 
     in section 1086(f) of the National Defense Authorization Act 
     for Fiscal Year 2017 (6 U.S.C. 104(f)) as well as the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Foreign Affairs of the House, the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate.
                                 ______
                                 
  SA 2475. Mrs. BLACKBURN 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:

         Subtitle __--K2 Veterans Toxic Exposure Accountability

     SEC. __1. STUDY ON TOXIC EXPOSURE AT KARSHI KHANABAD AIR 
                   BASE, UZBEKISTAN.

       (a) Study.--
       (1) In general.--The Secretary of Defense shall conduct a 
     study on toxic exposure by members of the Armed Forces 
     deployed to Karshi Khanabad Air Base, Uzbekistan, at any time 
     during the period beginning October 1, 2001, and ending 
     December 31, 2005.
       (2) Matters included.--The study under paragraph (1) shall 
     include the following:
       (A) An assessment regarding the conditions of Karshi 
     Khanabad Air Base, Uzbekistan, during the period beginning 
     October 1, 2001, and ending December 31, 2005, including an 
     identification of toxic substances contaminating the Air Base 
     during such period.
       (B) An epidemiological study of the health consequences of 
     a member of the Armed Forces deployed to the Air Base during 
     such period.
       (C) An assessment of any association between exposure to 
     toxic substances identified under subparagraph (A) and the 
     health consequences studied under subparagraph (B).
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to the 
     appropriate congressional committees a report containing--
       (1) the study under subsection (a); and
       (2) a description of--
       (A) the benefits administered by the Secretary of Veterans 
     Affairs that a veteran may be eligible to receive by reason 
     of being exposed to toxic substances at Karshi Khanabad Air 
     Base, Uzbekistan, while serving in the Armed Forces; and
       (B) the outreach conducted by the Secretary to inform such 
     veterans of such benefits.

     SEC. __2. ESTABLISHMENT OF K2 TOXIC EXPOSURE REGISTRY.

       (a) Establishment of Registry.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall--
       (A) establish and maintain a registry for eligible 
     individuals who may have been exposed to toxic substances at 
     Karshi Khanabad Air Base, Uzbekistan, at any time during the 
     period beginning October 1, 2001, and ending December 31, 
     2005;
       (B) include any information in such registry that the 
     Secretary of Veterans Affairs determines necessary to 
     ascertain and monitor the health effects of the exposure of 
     members to such substances;
       (C) develop a public information campaign to inform 
     eligible individuals about the registry, including how to 
     register and the benefits of registering; and
       (D) periodically notify eligible individuals of significant 
     developments in the study and treatment of conditions 
     associated with such exposure.
       (2) Updates.--The Secretary shall take actions necessary to 
     ensure that the registry may be updated with the cause of 
     death of a deceased registered individual by--
       (A) an individual designated by such deceased registered 
     individual; or
       (B) if no such individual is designated, an immediate 
     family member of such deceased registered individual.
       (3) Coordination.--The Secretary of Veterans Affairs shall 
     coordinate with the Secretary of Defense in carrying out 
     paragraph (1).
       (b) Report to Congress.--
       (1) Reports by independent scientific organization.--The 
     Secretary of Veterans Affairs shall enter into an agreement 
     with an independent scientific organization to prepare 
     reports as follows:
       (A) Not later than two years after the date on which the 
     registry under subsection (a) is established, an initial 
     report containing the following:
       (i) An assessment of the effectiveness of actions taken by 
     the Secretaries to collect and maintain information on the 
     health effects of exposure to toxic substances at Karshi 
     Khanabad Air Base, Uzbekistan.
       (ii) Recommendations to improve the collection and 
     maintenance of such information.
       (iii) Using established and previously published 
     epidemiological studies, recommendations regarding the most 
     effective and prudent means of addressing the medical needs

[[Page S4301]]

     of eligible individuals with respect to conditions that are 
     likely to result from such exposure.
       (B) Not later than five years after completing the initial 
     report described in subparagraph (A), a follow-up report 
     containing the following:
       (i) An update to the initial report described in 
     subparagraph (A).
       (ii) An assessment of whether and to what degree the 
     content of the registry established under subsection (a) is 
     current and scientifically up-to-date.
       (2) Submittal to congress.--
       (A) Initial report.--Not later than two years after the 
     date on which the registry under subsection (a) is 
     established, the Secretary of Veterans Affairs shall submit 
     to Congress the initial report prepared under paragraph 
     (1)(A).
       (B) Follow-up report.--Not later than five years after 
     submitting the report under subparagraph (A), the Secretary 
     of Veterans Affairs shall submit to Congress the follow-up 
     report prepared under paragraph (1)(B).
       (c) Definitions.--In this section:
       (1) The term ``eligible individual'' means any individual 
     who was deployed as a member of the Armed Forces to Karshi 
     Khanabad Air Base, Uzbekistan, at any time during the period 
     beginning October 1, 2001, and ending December 31, 2005.
       (2) The term ``immediate family member'', with respect to a 
     deceased individual, means--
       (A) the spouse, parent, brother, sister, or adult child of 
     the individual;
       (B) an adult person to whom the individual stands in loco 
     parentis; or
       (C) any other adult person--
       (i) living in the household of the individual at the time 
     of the death of the individual; and
       (ii) related to the individual by blood or marriage.
       (3) The term ``registered individual'' means an individual 
     registered with the registry under subsection (a).

     SEC. __3. DETERMINATION OF PRESUMPTIONS OF SERVICE CONNECTION 
                   FOR ILLNESSES ASSOCIATED WITH K2 EXPOSURE.

       (a) In General.--
       (1) Determination required.--Not later than 60 days after 
     the date on which the Secretary of Veterans Affairs receives 
     the results of a covered study, the Secretary shall make a 
     determination whether a positive association exists between--
       (A) the exposure of humans to toxic substances at Karshi 
     Khanabad Air Base, Uzbekistan, at any time during the period 
     beginning October 1, 2001, and ending December 31, 2005; and
       (B) the occurrence of a diagnosed illness in humans.
       (2) Bases of determination.--In making a determination 
     under paragraph (1), the Secretary shall consider--
       (A) whether the evidence is statistically significant, 
     capable of replication, and able to withstand peer review 
     demonstrating that there is positive association between the 
     exposure and the occurrence of a diagnosed illness;
       (B) the results of a covered study; and
       (C) all other sound medical and scientific evidence 
     available to the Secretary.
       (3) Presumption.--If the Secretary determines that a 
     positive association exists between exposure and a diagnosed 
     illness pursuant to paragraph (1), the Secretary shall 
     prescribe regulations providing that--
       (A) a presumption of service connection is warranted for 
     the illness covered by that determination if the illness 
     first becomes manifest within the period, if any, prescribed 
     in such regulations in a covered veteran; and
       (B) such covered veteran shall be presumed to have been 
     exposed to toxic substances at Karshi Khanabad Air Base, 
     Uzbekistan, at any time during the period beginning October 
     1, 2001, and ending December 31, 2005, unless there is 
     conclusive evidence to establish that--
       (i) the covered veteran was not exposed to toxic substances 
     in the course of such service in the Armed Forces; or
       (ii) the illness first became manifest prior to the covered 
     veteran's exposure.
       (4) Submission.--Upon the date on which the Secretary makes 
     the determination under paragraph (1), the Secretary shall 
     submit to the Committees on Veterans' Affairs of the House of 
     Representatives and the Senate an explanation of such 
     determination.
       (b) Regulations.--
       (1) Proposed regulations.--
       (A) Timing.--If the Secretary determines under subsection 
     (a)(1) that a presumption of service connection is warranted 
     for an illness, the Secretary shall, not later than 180 days 
     after making such determination--
       (i) issue proposed regulations setting forth the 
     determination; or
       (ii) submit the initial report under subparagraph (B).
       (B) Reports.--If the Secretary does not issue proposed 
     regulations by the deadline established in subparagraph (A), 
     the Secretary shall submit to the Committees on Veterans' 
     Affairs of the House of Representatives and the Senate a 
     report on the status of such proposed regulations. On a 
     quarterly basis thereafter until the date on which the 
     Secretary issues such proposed regulations, the Secretary 
     shall submit to such committees an update on such status.
       (2) Final regulations.--Not later than 180 days after the 
     date on which the Secretary issues any proposed regulations 
     under this subsection, the Secretary shall prescribe final 
     regulations. Such regulations shall be effective on the date 
     of issuance.
       (3) Presumption not warranted.--
       (A) Publication.--If the Secretary determines under 
     subsection (a) that a presumption of service connection is 
     not warranted for an illness, or proposes to remove a 
     previously established presumption, the Secretary shall 
     publish in the Federal Register a notice of that 
     determination not later than 180 days after making the 
     determination. The notice shall include an explanation of the 
     evidence and scientific basis for that determination.
       (B) Removal of previous presumption.--If an illness already 
     presumed to be service connected under this section is 
     subject to a notice published under subparagraph (A), the 
     Secretary shall issue proposed regulations removing the 
     presumption for the illness not later than 180 days after 
     publication of such notice.
       (4) Effect of removal.--Whenever the presumption of service 
     connection for an illness under this section is removed under 
     this subsection--
       (A) a veteran who was awarded compensation for the illness 
     on the basis of the presumption before the effective date of 
     the removal of the presumption shall continue to be entitled 
     to receive compensation on that basis; and
       (B) a survivor of a veteran who was awarded dependency and 
     indemnity compensation for the death of a veteran resulting 
     from the illness on the basis of the presumption before that 
     date shall continue to be entitled to receive dependency and 
     indemnity compensation on that basis.
       (c) Effective Date of Benefit Awards.--The effective date 
     of any benefit awarded by reason of this section shall be 
     determined in accordance with section 5110 of title 38, 
     United States Code, but shall in no case be earlier than the 
     effective date of the final regulations prescribed pursuant 
     to subsection (b)(2).
       (d) Definitions.--In this section:
       (1) The term ``covered study'' includes--
       (A) the study conducted under section __1; and
       (B) any subsequent study or any study conducted by the 
     National Academies of Sciences, Engineering, and Medicine 
     regarding the effects of exposure of humans to toxic 
     substances at Karshi Khanabad Air Base, Uzbekistan, at any 
     time during the period beginning October 1, 2001, and ending 
     December 31, 2005.
       (2) The term ``covered veteran'' means a veteran who was 
     deployed as a member of the Armed Forces to Karshi Khanabad 
     Air Base, Uzbekistan, at any time during the period beginning 
     October 1, 2001, and ending December 31, 2005.

     SEC. __4. ACCESS OF THE NATIONAL ACADEMIES OF SCIENCES, 
                   ENGINEERING, AND MEDICINE TO INFORMATION FROM 
                   THE DEPARTMENT OF DEFENSE.

       Upon request by the National Academies of Sciences, 
     Engineering, and Medicine (in this section referred to as the 
     ``Academies''), the Secretary of Defense shall provide to the 
     Academies information in the possession of the Department of 
     Defense that the Academies determine useful in performing a 
     covered study, as that term is defined in section __3(d). 
     Such information includes, at a minimum, all environmental 
     sampling data relative to any location included in the study.
                                 ______
                                 
  SA 2476. Mrs. BLACKBURN 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 XXVIII, add the 
     following:

     SEC. 2865. LAND CONVEYANCE, MILAN ARMY AMMUNITION PLANT, 
                   TENNESSEE.

       (a) Conveyance Authorized.--The Secretary of the Army (in 
     this section referred to as the ``Secretary'') may convey and 
     release to the city of Milan, Tennessee (in this section 
     referred to as the``City''), all right, title, and interest 
     of the United States in and to the real property, including 
     any improvements thereon, consisting of approximately 292 
     acres at Milan Army Ammunition Plant commonly referred to as 
     Parcels A, B, and C, for fair market value.
       (b) Consideration.--
       (1) Consideration required.--
       (A) In general.--As consideration for the conveyance and 
     release under subsection (a), the City shall provide to the 
     Secretary an amount that is equivalent to the fair market 
     value of the right, title, and interest conveyed and released 
     under such subsection, based on an appraisal approved by the 
     Secretary.
       (B) Type and timing of consideration.--The consideration 
     provided under subparagraph (A) may be provided by cash 
     payment, in-kind consideration, or a combination thereof, at 
     such time as the Secretary may require.
       (2) In-kind consideration.--In-kind consideration provided 
     under paragraph (1) may include the acquisition, 
     construction, provision, improvement, maintenance, repair, or

[[Page S4302]]

     restoration (including environmental restoration), or 
     combination thereof, of any facility, real property, or 
     infrastructure under the jurisdiction of the Secretary.
       (c) Payment of Cost of Conveyance and Release.--
       (1) Payment required.--The Secretary shall require the City 
     to pay costs to be incurred by the Secretary, or to reimburse 
     the Secretary for such costs incurred by the Secretary, to 
     carry out the conveyance and release under subsection (a), 
     including survey costs, appraisal costs, costs for 
     environmental documentation related to the conveyance and 
     release, and any other administrative costs related to the 
     conveyance and release.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account used to pay the costs incurred by the 
     Secretary in carrying out the conveyance and release under 
     subsection (a) or, if the period of availability of 
     obligations for that appropriation has expired, to the fund 
     or account that is currently available to the Secretary for 
     the same purpose. Amounts so credited shall be merged with 
     amounts in such fund or account and shall be available for 
     the same purposes, and subject to the same conditions and 
     limitations, as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the property subject to conveyance and release 
     under subsection (a) shall be determined by a survey 
     satisfactory to the Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance and release under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
                                 ______
                                 
  SA 2477. Mr. LEE (for himself, Mr. Peters, Mr. Johnson, Mr. Udall, 
Mr. Toomey, Mr. Romney, Mr. Cornyn, 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 appropriate place, insert the following:

            TITLE ___--LEADERSHIP OVER NATIONAL EMERGENCIES

     SEC. ___. SHORT TITLE.

       This title may be cited as the ``Assuring that Robust, 
     Thorough, and Informed Congressional Leadership is Exercised 
     Over National Emergencies Act'' or the ``ARTICLE ONE Act''.

     SEC. ___. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.

       Title II of the National Emergencies Act (50 U.S.C. 1621 et 
     seq.) is amended by striking sections 201 and 202 and 
     inserting the following:

     ``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

       ``(a) Authority To Declare National Emergencies.--With 
     respect to Acts of Congress authorizing the exercise, during 
     the period of a national emergency, of any special or 
     extraordinary power, the President is authorized to declare 
     such a national emergency by proclamation. Such proclamation 
     shall immediately be transmitted to Congress and published in 
     the Federal Register.
       ``(b) Specification of Provisions of Law To Be Exercised.--
     No powers or authorities made available by statute for use 
     during the period of a national emergency shall be exercised 
     unless and until the President specifies the provisions of 
     law under which the President proposes that the President or 
     other officers will act in--
       ``(1) a proclamation declaring a national emergency under 
     subsection (a); or
       ``(2) one or more Executive orders relating to the 
     emergency published in the Federal Register and transmitted 
     to Congress.
       ``(c) Prohibition on Subsequent Actions if Emergencies Not 
     Approved.--
       ``(1) Subsequent declarations.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     national emergency before the expiration of the 30-day period 
     described in section 202(a), or with respect to a national 
     emergency proposed to be renewed under section 202(b), the 
     President may not, during the remainder of the term of office 
     of that President, declare a subsequent national emergency 
     under subsection (a) with respect to the same circumstances.
       ``(2) Exercise of authorities.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     power or authority specified by the President in a 
     proclamation under subsection (a) or an Executive order under 
     subsection (b)(2) with respect to a national emergency, the 
     President may not, during the remainder of the term of office 
     of that President, exercise that power or authority with 
     respect to that emergency.
       ``(d) Effect of Future Laws.--No law enacted after the date 
     of the enactment of this Act shall supersede this title 
     unless it does so in specific terms, referring to this title, 
     and declaring that the new law supersedes the provisions of 
     this title.

     ``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

       ``(a) Temporary Effective Periods.--
       ``(1) In general.--A declaration of a national emergency 
     shall remain in effect for 30 days from the issuance of the 
     proclamation under section 201(a) (not counting the day on 
     which the proclamation was issued) and shall terminate when 
     that 30-day period expires unless there is enacted into law a 
     joint resolution of approval under section 203 with respect 
     to the proclamation.
       ``(2) Exercise of powers and authorities.--Any emergency 
     power or authority made available under a provision of law 
     specified pursuant to section 201(b) may be exercised 
     pursuant to a declaration of a national emergency for 30 days 
     from the issuance of the proclamation or Executive order (not 
     counting the day on which such proclamation or Executive 
     order was issued). That power or authority may not be 
     exercised after that 30-day period expires unless there is 
     enacted into law a joint resolution of approval under section 
     203 approving--
       ``(A) the proclamation of the national emergency or the 
     Executive order; and
       ``(B) the exercise of the power or authority specified by 
     the President in such proclamation or Executive order.
       ``(3) Exception if congress is unable to convene.--If 
     Congress is physically unable to convene as a result of an 
     armed attack upon the United States or another national 
     emergency, the 30-day periods described in paragraphs (1) and 
     (2) shall begin on the first day Congress convenes for the 
     first time after the attack or other emergency.
       ``(b) Renewal of National Emergencies.--A national 
     emergency declared by the President under section 201(a) or 
     previously renewed under this subsection, and not already 
     terminated pursuant to subsection (a) or (c), shall terminate 
     on the date that is one year after the President transmitted 
     to Congress the proclamation declaring the emergency or 
     Congress approved a previous renewal pursuant to this 
     subsection, unless--
       ``(1) the President publishes in the Federal Register and 
     transmits to Congress an Executive order renewing the 
     emergency; and
       ``(2) there is enacted into law a joint resolution of 
     approval renewing the emergency pursuant to section 203 
     before the termination of the emergency or previous renewal 
     of the emergency.
       ``(c) Termination of National Emergencies.--
       ``(1) In general.--Any national emergency declared by the 
     President under section 201(a) shall terminate on the 
     earliest of--
       ``(A) the date provided for in subsection (a);
       ``(B) the date provided for in subsection (b);
       ``(C) the date specified in an Act of Congress terminating 
     the emergency; or
       ``(D) the date specified in a proclamation of the President 
     terminating the emergency.
       ``(2) Effect of termination.--
       ``(A) In general.--Effective on the date of the termination 
     of a national emergency under paragraph (1)--
       ``(i) except as provided by subparagraph (B), any powers or 
     authorities exercised by reason of the emergency shall cease 
     to be exercised;
       ``(ii) any amounts reprogrammed or transferred under any 
     provision of law with respect to the emergency that remain 
     unobligated on that date shall be returned and made available 
     for the purpose for which such amounts were appropriated; and
       ``(iii) any contracts entered into under any provision of 
     law for construction relating to the emergency shall be 
     terminated.
       ``(B) Savings provision.--The termination of a national 
     emergency shall not affect--
       ``(i) any legal action taken or pending legal proceeding 
     not finally concluded or determined on the date of the 
     termination under paragraph (1);
       ``(ii) any legal action or legal proceeding based on any 
     act committed prior to that date; or
       ``(iii) any rights or duties that matured or penalties that 
     were incurred prior to that date.

     ``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

       ``(a) Joint Resolution of Approval Defined.--In this 
     section, the term `joint resolution of approval' means a 
     joint resolution that contains only the following provisions 
     after its resolving clause:
       ``(1) A provision approving--
       ``(A) a proclamation of a national emergency made under 
     section 201(a);
       ``(B) an Executive order issued under section 201(b)(2); or
       ``(C) an Executive order issued under section 202(b).
       ``(2) A provision approving a list of all or a portion of 
     the provisions of law specified by the President under 
     section 201(b) in the proclamation or Executive order that is 
     the subject of the joint resolution.
       ``(b) Procedures for Consideration of Joint Resolutions of 
     Approval.--
       ``(1) Introduction.--After the President transmits to 
     Congress a proclamation declaring a national emergency under 
     section 201(a), or an Executive order specifying emergency 
     powers or authorities under section 201(b)(2) or renewing a 
     national emergency under section 202(b), a joint resolution 
     of approval may be introduced in either House of Congress by 
     any member of that House.
       ``(2) Requests to convene congress during recesses.--If, 
     when the President transmits to Congress a proclamation 
     declaring a national emergency under section 201(a), or an 
     Executive order specifying emergency powers or authorities 
     under section 201(b)(2)

[[Page S4303]]

     or renewing a national emergency under section 202(b), 
     Congress has adjourned sine die or has adjourned for any 
     period in excess of 3 calendar days, the majority leader of 
     the Senate and the Speaker of the House of Representatives, 
     or their respective designees, acting jointly after 
     consultation with and with the concurrence of the minority 
     leader of the Senate and the minority leader of the House, 
     shall notify the Members of the Senate and House, 
     respectively, to reassemble at such place and time as they 
     may designate if, in their opinion, the public interest shall 
     warrant it.
       ``(3) Committee referral.--A joint resolution of approval 
     shall be referred in each House of Congress to the committee 
     or committees having jurisdiction over the emergency 
     authorities invoked by the proclamation or Executive order 
     that is the subject of the joint resolution.
       ``(4) Consideration in senate.--In the Senate, the 
     following shall apply:
       ``(A) Reporting and discharge.--If the committee to which a 
     joint resolution of approval has been referred has not 
     reported it at the end of 10 calendar days after its 
     introduction, that committee shall be automatically 
     discharged from further consideration of the resolution and 
     it shall be placed on the calendar.
       ``(B) Proceeding to consideration.--Notwithstanding Rule 
     XXII of the Standing Rules of the Senate, when the committee 
     to which a joint resolution of approval is referred has 
     reported the resolution, or when that committee is discharged 
     under subparagraph (A) from further consideration of the 
     resolution, it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion to proceed is subject to 4 
     hours of debate divided equally between those favoring and 
     those opposing the joint resolution of approval. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business.
       ``(C) Floor consideration.--A joint resolution of approval 
     shall be subject to 10 hours of consideration, to be divided 
     evenly between the proponents and opponents of the 
     resolution.
       ``(D) Amendments.--
       ``(i) In general.--Except as provided in clause (ii), no 
     amendments shall be in order with respect to a joint 
     resolution of approval.
       ``(ii) Amendments to strike or add specified provisions of 
     law.--Clause (i) shall not apply with respect to any 
     amendment--

       ``(I) to strike a provision or provisions of law from the 
     list required by subsection (a)(2); or
       ``(II) to add to that list a provision or provisions of law 
     specified by the President under section 201(b) in the 
     proclamation or Executive order that is the subject of the 
     joint resolution of approval.

       ``(E) Motion to reconsider final vote.--A motion to 
     reconsider a vote on passage of a joint resolution of 
     approval shall not be in order.
       ``(F) Appeals.--Points of order, including questions of 
     relevancy, and appeals from the decision of the Presiding 
     Officer, shall be decided without debate.
       ``(5) Consideration in house of representatives.--In the 
     House of Representatives, if any committee to which a joint 
     resolution of approval has been referred has not reported it 
     to the House at the end of 10 calendar days after its 
     introduction, such committee shall be discharged from further 
     consideration of the joint resolution, and it shall be placed 
     on the appropriate calendar. On Thursdays it shall be in 
     order at any time for the Speaker to recognize a Member who 
     favors passage of a joint resolution that has appeared on the 
     calendar for at least 3 calendar days to call up that joint 
     resolution for immediate consideration in the House without 
     intervention of any point of order. When so called up a joint 
     resolution shall be considered as read and shall be debatable 
     for 1 hour equally divided and controlled by the proponent 
     and an opponent, and the previous question shall be 
     considered as ordered to its passage without intervening 
     motion. It shall not be in order to reconsider the vote on 
     passage. If a vote on final passage of the joint resolution 
     has not been taken on or before the close of the tenth 
     calendar day after the resolution is reported by the 
     committee or committees to which it was referred, or after 
     such committee or committees have been discharged from 
     further consideration of the resolution, such vote shall be 
     taken on that day.
       ``(6) Receipt of resolution from other house.--If, before 
     passing a joint resolution of approval, one House receives 
     from the other a joint resolution of approval from the other 
     House, then--
       ``(A) the joint resolution of the other House shall not be 
     referred to a committee and shall be deemed to have been 
     discharged from committee on the day it is received; and
       ``(B) the procedures set forth in paragraphs (3), (4), and 
     (5), as applicable, shall apply in the receiving House to the 
     joint resolution received from the other House to the same 
     extent as such procedures apply to a joint resolution of the 
     receiving House.
       ``(c) Rule of Construction.--The enactment of a joint 
     resolution of approval under this section shall not be 
     interpreted to serve as a grant or modification by Congress 
     of statutory authority for the emergency powers of the 
     President.
       ``(d) Rules of the House and Senate.--This section is 
     enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in the House in the case of joint resolutions 
     described in this section, and supersedes other rules only to 
     the extent that it is inconsistent with such other rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     ``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES 
                   INVOKING INTERNATIONAL EMERGENCY ECONOMIC 
                   POWERS ACT.

       ``(a) In General.--In the case of a national emergency 
     described in subsection (b), the provisions of this Act, as 
     in effect on the day before the date of the enactment of the 
     Assuring that Robust, Thorough, and Informed Congressional 
     Leadership is Exercised Over National Emergencies Act, shall 
     continue to apply on and after such date of enactment.
       ``(b) National Emergency Described.--
       ``(1) In general.--A national emergency described in this 
     subsection is a national emergency pursuant to which the 
     President proposes to exercise emergency powers or 
     authorities made available under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.), supplemented as 
     necessary by a provision of law specified in paragraph (2).
       ``(2) Provisions of law specified.--The provisions of law 
     specified in this paragraph are--
       ``(A) the United Nations Participation Act of 1945 (22 
     U.S.C. 287 et seq.);
       ``(B) section 212(f) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(f)); or
       ``(C) any provision of law that authorizes the 
     implementation, imposition, or enforcement of economic 
     sanctions with respect to a foreign country.
       ``(c) Effect of Additional Powers and Authorities.--
     Subsection (a) shall not apply to a national emergency or the 
     exercise of emergency powers and authorities pursuant to the 
     national emergency if, in addition to the exercise of 
     emergency powers and authorities described in subsection (b), 
     the President proposes to exercise, pursuant to the national 
     emergency, any emergency powers and authorities under any 
     other provision of law.''.

     SEC. ___. REPORTING REQUIREMENTS.

       Section 401 of the National Emergencies Act (50 U.S.C. 
     1641) is amended by adding at the end the following:
       ``(d) Report on Emergencies.--The President shall transmit 
     to Congress, with any proclamation declaring a national 
     emergency under section 201(a) or any Executive order 
     specifying emergency powers or authorities under section 
     201(b)(2) or renewing a national emergency under section 
     202(b), a report, in writing, that includes the following:
       ``(1) A description of the circumstances necessitating the 
     declaration of a national emergency, the renewal of such an 
     emergency, or the use of a new emergency authority specified 
     in the Executive order, as the case may be.
       ``(2) The estimated duration of the national emergency, or 
     a statement that the duration of the national emergency 
     cannot reasonably be estimated at the time of transmission of 
     the report.
       ``(3) A summary of the actions the President or other 
     officers intend to take, including any reprogramming or 
     transfer of funds, and the statutory authorities the 
     President and such officers expect to rely on in addressing 
     the national emergency.
       ``(4) In the case of a renewal of a national emergency, a 
     summary of the actions the President or other officers have 
     taken in the preceding one-year period, including any 
     reprogramming or transfer of funds, to address the emergency.
       ``(e) Provision of Information to Congress.--The President 
     shall provide to Congress such other information as Congress 
     may request in connection with any national emergency in 
     effect under title II.
       ``(f) Periodic Reports on Status of Emergencies.--If the 
     President declares a national emergency under section 201(a), 
     the President shall, not less frequently than every 6 months 
     for the duration of the emergency, report to Congress on the 
     status of the emergency and the actions the President or 
     other officers have taken and authorities the President and 
     such officers have relied on in addressing the emergency.''.

     SEC. ___. EXCLUSION OF IMPOSITION OF DUTIES AND IMPORT QUOTAS 
                   FROM PRESIDENTIAL AUTHORITIES UNDER 
                   INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

       Section 203 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1702) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) The authority granted to the President by this 
     section does not include the authority to impose duties or 
     tariff-rate quotas or (subject to paragraph (2)) other quotas 
     on articles entering the United States.

[[Page S4304]]

       ``(2) The limitation under paragraph (1) does not prohibit 
     the President from excluding all articles imported from a 
     country from entering the United States.''.

     SEC. ___. CONFORMING AMENDMENTS.

       (a) National Emergencies Act.--Title III of the National 
     Emergencies Act (50 U.S.C. 1631) is repealed.
       (b) International Emergency Economic Powers Act.--Section 
     207 of the International Emergency Economic Powers Act (50 
     U.S.C. 1706) is amended--
       (1) in subsection (b), by striking ``concurrent 
     resolution'' and inserting ``joint resolution''; and
       (2) by adding at the end the following:
       ``(e) In this section, the term `National Emergencies Act' 
     means the National Emergencies Act, as in effect on the day 
     before the date of the enactment of the Assuring that Robust, 
     Thorough, and Informed Congressional Leadership is Exercised 
     Over National Emergencies Act.''.

     SEC. ___. EFFECTIVE DATE; APPLICABILITY.

       (a) In General.--This title and the amendments made by this 
     title shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) except as provided in subsection (b), apply with 
     respect to national emergencies declared under section 201 of 
     the National Emergencies Act on or after that date.
       (b) Applicability to Renewals of Existing Emergencies.--
     When a national emergency declared under section 201 of the 
     National Emergencies Act before the date of the enactment of 
     this Act would expire or be renewed under section 202(d) of 
     that Act (as in effect on the day before such date of 
     enactment), that national emergency shall be subject to the 
     requirements for renewal under section 202(b) of that Act, as 
     amended by section ___.
                                 ______
                                 
  SA 2478. Ms. BALDWIN 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 VIII, add the following:

     SEC. 815. PROCUREMENT OF GOODS FOR THE FFG-FRIGATE PROGRAM.

       Amounts authorized to carry out the FFG-Frigate program may 
     be used for the acquisition of components manufactured in the 
     United States at a higher cost than comparable foreign 
     components if the Navy determines that domestically sourcing 
     the component is critical for sustaining the domestic 
     industrial base in support of United States Navy shipbuilding 
     programs.
                                 ______
                                 
  SA 2479. 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 subtitle G of title XII, add the following:

     SEC. 1287. TRANSFER OF EXCESS NAVAL VESSELS TO THE GOVERNMENT 
                   OF EGYPT.

       (a) Transfers by Grant.--The President is authorized to 
     transfer to the Government of Egypt the OLIVER HAZARD PERRY 
     class guided missile frigates ex-USS CARR (FFG-52) and ex-USS 
     ELROD (FFG-55) on a grant basis under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j) upon 
     submitting to the appropriate congressional committees a 
     certification described in subsection (b).
       (b) Certification.--A certification described in this 
     subsection is a certification of the following:
       (1) The President has received reliable assurances that the 
     Government of Egypt and any Egyptian state-owned enterprise--
       (A) are not engaged in activity subject to sanctions under 
     the Countering America's Adversaries Through Sanctions Act 
     (Public Law 115-44; 22 U.S.C. 9401 et seq.), including 
     activity related to Russian Su-35 warplanes; and
       (B) will not knowingly engage in activity subject to 
     sanctions under such Act in the future.
       (2) The Egyptian forces that will operate the vessels 
     described in subsection (a) will be subject to the 
     requirements of section 620M of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2378d) and section 362 of title 10, United 
     States Code (commonly referred to as the ``Leahy laws''), and 
     to other human rights vetting requirements to ensure that 
     United States-funded assistance is not provided to Egyptian 
     security forces that have committed gross violations of 
     internationally recognized human rights.
       (3) The President has received reliable assurances that the 
     vessels described in subsection (a) will not be used in any 
     military operation in Libya or Libyan territorial waters, 
     except for those operations conducted in coordination with 
     the United States.
       (c) Violations.--If the President determines after the 
     transfer of a vessel described in subsection (a) that the 
     conditions described subsection (b) are no longer being met, 
     the President shall apply the provisions of section 3(c) of 
     the Arms Export Control Act (22 U.S.C. 2753(c)) with respect 
     to Egypt to the same extent and in the same manner as if 
     Egypt had committed a violation described in paragraph (1) of 
     such section.
       (d) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to the Government of Egypt on a grant basis pursuant to 
     authority provided under subsection (a) shall not be counted 
     against the aggregate value of excess defense articles 
     transferred in any fiscal year under section 516(g) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)).
       (e) Costs of Transfers.--Notwithstanding section 516(e) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), any 
     expense incurred by the United States in connection with a 
     transfer authorized under subsection (a) shall be charged to 
     the Government of Egypt.
       (f) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     subsection (a), that the Government of Egypt have such repair 
     or refurbishment of the vessel as is needed, before the 
     vessel joins the naval forces of Egypt, performed at a 
     shipyard located in the United States, including a United 
     States Navy shipyard.
       (g) Expiration of Authority.--The authority to transfer a 
     vessel under subsection (a) shall expire at the end of the 3-
     year period beginning on the date of the enactment of this 
     Act.
       (h) Report.--Not later than 30 days before the transfer of 
     a vessel described in subsection (a), the President shall 
     submit to the appropriate congressional committees a report 
     on how the transfer of the vessel will help to alleviate 
     United States mission requirements in the Mediterranean Sea, 
     the Bab el Mandeb Strait, and the Red Sea.
       (i) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 2480. Mr. SCOTT of Florida (for himself, Mr. Murphy, Mrs. 
Blackburn, Mr. Blumenthal, Mr. Cotton, Mr. Rubio, Mr. Hawley, and Ms. 
McSally) submitted an amendment intended to be proposed 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 VIII, add the following:

  Subtitle H--Limitation on Procurement of Drones and Other Unmanned 
                            Aircraft Systems

     SEC. 896. SHORT TITLE.

       This subtitle may be cited as the ``American Security Drone 
     Act of 2020''.

     SEC. 897. DEFINITIONS.

       In this subtitle:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity included on a list developed and 
     maintained by the Federal Acquisition Security Council. This 
     list will include entities in the following categories:
       (A) An entity included on the Consolidated Screening List.
       (B) Any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security.
       (C) Any entity the Secretary of Homeland Security, in 
     coordination with the Director of National Intelligence and 
     the Secretary of Defense, determines poses a national 
     security risk.
       (D) Any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security.
       (E) Any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Covered unmanned aircraft system.--The term ``covered 
     unmanned aircraft system'' has the meaning given the term 
     ``unmanned aircraft system'' in section 44801 of title 49, 
     United States Code.

     SEC. 898. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     though (f), the head of an executive agency may not procure 
     any covered

[[Page S4305]]

     unmanned aircraft system that are manufactured or assembled 
     by a covered foreign entity, which includes associated 
     elements (consisting of communication links and the 
     components that control the unmanned aircraft) that are 
     required for the operator to operate safely and efficiently 
     in the national airspace system. The Federal Acquisition 
     Security Council, in coordination with the Secretary of 
     Transportation, shall develop and update a list of associated 
     elements.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, is exempt from the restriction under 
     subsection (a) if the operation or procurement is for the 
     sole purposes of research, evaluation, training, testing, or 
     analysis for the Federal Aviation Administration's Alliance 
     for System Safety of UAS through Research Excellence (ASSURE) 
     Center of Excellence (COE) for Unmanned Aircraft Systems.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board (NTSB), in consultation 
     with the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     independent accident investigations.
       (e) National Oceanic Atmospheric Administration.--The 
     Director of the National Oceanic Atmospheric Administration 
     (NOAA), in consultation with the Secretary of Homeland 
     Security, is exempt from the restriction under subsection (a) 
     if the operation or procurement is necessary for the sole 
     purpose of research.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.

     SEC. 899. PROHIBITION ON OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) Prohibition.--
       (1) In general.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, no Federal 
     department or agency may operate a covered unmanned aircraft 
     system manufactured or assembled by a covered foreign entity.
       (2) Applicability to contracted services.--The prohibition 
     under paragraph (1) applies to any covered unmanned aircraft 
     systems that are being used by any executive agency through 
     the method of contracting for the services of covered 
     unmanned aircraft systems.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, is exempt from the restriction under 
     subsection (a) if the operation or procurement is for the 
     sole purposes of research, evaluation, training, testing, or 
     analysis for the Federal Aviation Administration's Alliance 
     for System Safety of UAE through Research Excellence (ASSURE) 
     Center of Excellence (COE) for Unmanned Aircraft Systems.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board (NTSB), in consultation 
     with the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     independent accident investigations.
       (e) National Oceanic Atmospheric Administration.--The 
     Director of the National Oceanic Atmospheric Administration 
     (NOAA), in consultation with the Secretary of Homeland 
     Security, is exempt from the restriction under subsection (a) 
     if the operation or procurement is necessary for the sole 
     purpose of research.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.
       (e) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall prescribe regulations or guidance to 
     implement this section.

     SEC. 899A. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES 
                   AND OPERATION OF COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, except as 
     provided in subsection (b), no Federal funds awarded through 
     a contract, grant, or cooperative agreement, or otherwise 
     made available may be used--
       (1) to purchase a covered unmanned aircraft system, or a 
     system to counter unmanned aircraft systems, that is 
     manufactured or assembled by a covered foreign entity; or
       (2) in connection with the operation of such a drone or 
     unmanned aircraft system.
       (b) Exemption.--A Federal department or agency is exempt 
     from the restriction under subsection (a) if--
       (1) the contract, grant or cooperative agreement was 
     awarded prior to the date of the enactment of this Act; or
       (2) the operation or procurement is for the sole purposes 
     of research, evaluation, training, testing, or analysis, as 
     determined by the Secretary of Homeland Security, the 
     Secretary of Defense, or the Attorney General, for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; or
       (F) the safe integration of UAS in the national airspace 
     (as determined in consultation with the Secretary of 
     Transportation); and
       (3) is required in the national interest of the United 
     States.
       (c) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.
       (d) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall prescribe regulations or guidance, as 
     necessary, to implement the requirements of this section 
     pertaining to Federal contracts.

     SEC. 899B. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE 
                   CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       Effective immediately, Government-issued Purchase Cards may 
     not be used to procure any covered unmanned aircraft system 
     from a covered foreign entity.

     SEC. 899C. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN 
                   ENTITIES.

       (a) In General.-- Effective immediately, all executive 
     agencies must account for existing inventories of covered 
     unmanned aircraft systems manufactured or assembled by a 
     covered foreign entity in their personal property accounting 
     systems, regardless of the original procurement cost, or the 
     purpose of procurement due to the special monitoring and 
     accounting measures necessary to track the items' 
     capabilities.
       (b) Classified Tracking.--Due to the sensitive nature of 
     missions and operations conducted by the United States 
     Government, inventory data related to covered unmanned 
     aircraft systems manufactured or assembled by a covered 
     foreign entity may be tracked at a classified level.
       (c) Exceptions.--The Department of Defense and Department 
     of Homeland Security may exclude from the full inventory 
     process, covered unmanned aircraft systems that are deemed 
     expendable due to mission risk such as recovery issues or 
     that are one-time-use covered unmanned aircraft due to 
     requirements and low cost.

     SEC. 899D. COMPTROLLER GENERAL REPORT.

       Not later than 275 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report on the amount of commercial off-
     the-shelf drones and covered unmanned aircraft systems 
     procured by Federal departments and agencies from covered 
     foreign entities.

     SEC. 899E. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED 
                   AIRCRAFT SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Department of 
     Homeland Security, Department of Transportation, the 
     Department of Justice, and other Departments as determined by 
     the Director of the Office of Management and Budget, and in 
     consultation with the National Institute of Standards and 
     Technology, shall establish a government-wide policy for the 
     procurement of UAS--

[[Page S4306]]

       (1) for non-Department of Defense and non-intelligence 
     community operations; and
       (2) through grants and cooperative agreements entered into 
     with non-Federal entities.
       (b) Information Security.--The policy developed under 
     subsection (a) shall include the following specifications, 
     which to the extent practicable, shall be based on industry 
     standards and technical guidance from the National Institute 
     of Standards and Technology, to address the risks associated 
     with processing, storing and transmitting Federal information 
     in a UAS:
       (1) Protections to ensure controlled access of UAS.
       (2) Protecting software, firmware, and hardware by ensuring 
     changes to UAS are properly managed, including by ensuring 
     UAS can be updated using a secure, controlled, and 
     configurable mechanism.
       (3) Cryptographically securing sensitive collected, stored, 
     and transmitted data, including proper handling of privacy 
     data and other controlled unclassified information.
       (4) Appropriate safeguards necessary to protect sensitive 
     information, including during and after use of UAS.
       (5) Appropriate data security to ensure that data is not 
     transmitted to or stored in non-approved locations.
       (6) The ability to opt out of the uploading, downloading, 
     or transmitting of data that is not required by law or 
     regulation and an ability to choose with whom and where 
     information is shared when it is required.
       (c) Requirement.--The policy developed under subsection (a) 
     shall reflect an appropriate risk-based approach to 
     information security related to use of UAS.
       (d) Revision of Acquisition Regulations.--Not later than 
     180 days after the date on which the policy required under 
     subsection (a) is issued--
       (1) the Federal Acquisition Regulatory Council shall revise 
     the Federal Acquisition Regulation, as necessary, to 
     implement the policy; and
       (2) any Federal department or agency or other Federal 
     entity not subject to, or not subject solely to, the Federal 
     Acquisition Regulation shall revise applicable policy, 
     guidance, or regulations, as necessary, to implement the 
     policy.
       (e) Exemption.--In developing the policy required under 
     subsection (a), the Director of the Office of Management and 
     Budget shall incorporate an exemption to the policy for the 
     following reasons:
       (1) In the case of procurement for the purposes of 
     training, testing or analysis for--
       (A) electronic warfare; or
       (B) information warfare operations.
       (2) In the case of researching UAS technology, including 
     testing, evaluation, research, or development of technology 
     to counter UAS.
       (3) In the case of a head of the procuring department or 
     agency determining, in writing, that no product that complies 
     with the information security requirements described in 
     subsection (b) is capable of fulfilling mission critical 
     performance requirements, and such determination--
       (A) may not be delegated below the level of the Deputy 
     Secretary of the procuring department or agency;
       (B) shall specify--
       (i) the quantity of end items to which the waiver applies, 
     the procurement value of which may not exceed $50,000 per 
     waiver; and
       (ii) the time period over which the waiver applies, which 
     shall not exceed 3 years;
       (C) shall be reported to the Office of Management and 
     Budget following issuance of such a determination; and
       (D) not later than 30 days after the date on which the 
     determination is made, shall be provided to the Committee on 
     Homeland Security and Government Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives.

     SEC. 899F. STUDY.

       (a) Independent Study.--Not later than 3 years after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall seek to enter into a contract 
     with a federally funded research and development center under 
     which the center will conduct a study of--
       (1) the current and future unmanned aircraft system global 
     and domestic market;
       (2) the ability of the unmanned aircraft system domestic 
     market to keep pace with technological advancements across 
     the industry;
       (3) the ability of domestically made unmanned aircraft 
     systems to meet the network security and data protection 
     requirements of the national security enterprise;
       (4) the extent to which unmanned aircraft system component 
     parts, such as the parts described in section 898(a), are 
     made domestically; and
       (5) an assessment of the economic impact, including cost, 
     of excluding the use of foreign-made UAS for use across the 
     Federal Government.
       (b) Submission to OMB.--Upon completion of the study in 
     subsection (a), the federally funded research and development 
     center shall submit the study to the Director of the Office 
     of Management and Budget.
       (c) Submission to Congress.--Not later than 30 days after 
     the date on which the Director of the Office of Management 
     and Budget receives the study under subsection (b), the 
     Director shall submit the study to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (2) the Committee on Homeland Security and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.

     SEC. 899G. SUNSET.

       Sections 898, 899, and 899A shall cease to have effect on 
     the date that is 5 years after the date of the enactment of 
     this Act.

                          ____________________