TEXT OF AMENDMENTS; Congressional Record Vol. 165, No. 102
(Senate - June 18, 2019)

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[Pages S3660-S3803]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 636. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3105. AVAILABILITY OF AMOUNTS FOR DENUCLEARIZATION OF 
                   DEMOCRATIC PEOPLE'S REPUBLIC OF NORTH KOREA.

       (a) In General.--The amount authorized to be appropriated 
     by section 3101 and available as specified in the funding 
     table in section 4701 for defense nuclear nonproliferation is 
     hereby increased by $10,000,000, with the amount of the 
     increase to be available to develop and prepare to implement 
     a comprehensive, long-term monitoring and verification 
     program for activities related to the phased denuclearization 
     of the Democratic People's Republic of North Korea, in 
     coordination with relevant international partners and 
     organizations.
       (b) Offset.--The amount authorized to be appropriated by 
     section 3101 and available as specified in the funding table 
     in section 4701 for weapons activities for the W76-2 warhead 
     modification program is hereby reduced by $10,000,000.
                                 ______
                                 
  SA 637. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1045. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR 
                   STRIKES.

       (a) Policy.--It is the policy of the United States not to 
     use nuclear weapons first.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, the President may not use the Armed Forces of the United 
     States to conduct a first-use nuclear strike unless such 
     strike is conducted pursuant to a declaration of war by 
     Congress that expressly authorizes such strike.
       (c) First-Use Nuclear Strike Defined.--In subsection (b), 
     the term ``first-use nuclear strike'' means an attack using 
     nuclear weapons against an enemy that is conducted without 
     the President determining that the enemy has first launched a 
     nuclear strike against the United States or an ally of the 
     United States.
                                 ______
                                 
  SA 638. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 360. MONITORING OF NOISE FROM FLIGHTS AND TRAINING OF 
                   EA-18G GROWLERS ASSOCIATED WITH NAVAL AIR 
                   STATION WHIDBEY ISLAND.

       (a) Monitoring.--
       (1) In general.--The Secretary of Defense shall provide for 
     real-time monitoring of noise from local flights of EA-18G 
     Growlers associated with Naval Air Station Whidbey Island, 
     including field carrier landing practice at Naval Outlying 
     Field (OLF) Coupeville and Ault Field.
       (2) Public availability.--The Secretary shall publish the 
     results of monitoring conducted under paragraph (1) on a 
     publicly available Internet website of the Department of 
     Defense.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House

[[Page S3661]]

     of Representatives a report on the progress of monitoring 
     conducted under paragraph (1) and the results of such 
     monitoring.
       (b) Plan for Additional Monitoring.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a plan for real-time monitoring 
     described in subsection (a)(1) of noise relating to field 
     carrier landing practice conducted above or adjacent to 
     Olympic National Park, Olympic National Forest, and Ebey's 
     Landing National Historical Reserve.
       (2) Development of plan.--The Secretary shall work with the 
     Director of the National Park Service and the Chief of the 
     Forest Service in developing the plan under paragraph (1).
       (c) Funding.--
       (1) In general.--The amount authorized to be appropriated 
     by this Act for Navy Operation and Maintenance is hereby 
     increased by $1,000,000 and the amount of such increase shall 
     be made available to carry out this section.
       (2) Offset.--The amount authorized to be appropriated by 
     this Act for Marine Corps Operation and Maintenance for SAG 
     4A4G is hereby reduced by $1,000,000.
                                 ______
                                 
  SA 639. Ms. BALDWIN submitted an amendment intended to be proposed by 
her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST 
                   PRACTICES FOR DEPARTMENT OF DEFENSE WARFIGHTING 
                   SYSTEMS.

       (a) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense for Acquisition and Sustainment shall submit to the 
     congressional defense committees a report on commercial edge 
     computing technologies and best practices for Department of 
     Defense warfighting systems.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) Identification of initial warfighting system programs 
     of record that will benefit most from accelerated insertion 
     of commercial edge computing technologies and best practices, 
     resulting in significant near-term improvement in system 
     performance and mission capability.
       (2) The plan of the Department of Defense to provide 
     additional funding for the systems identified in paragraph 
     (1) to achieve fielding of accelerated commercial edge 
     computing technologies before or during fiscal year 2021.
       (3) The plan of the Department to identify, manage, and 
     provide additional funding for commercial edge computing 
     technologies more broadly over the next four fiscal years 
     where appropriate for--
       (A) command, control, communications, and intelligence 
     systems;
       (B) logistics systems; and
       (C) other mission-critical systems.
       (4) A detailed description of the policies, procedures, 
     budgets, and accelerated acquisition and contracting 
     mechanisms of the Department for near-term insertion of 
     commercial edge computing technologies and best practices 
     into military mission-critical systems.
                                 ______
                                 
  SA 640. Ms. BALDWIN submitted an amendment intended to be proposed by 
her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 319, add at the end the following:
       (d) Use of Amounts.--Section 2703 of such title is amended 
     by adding at the end the following new subsection:
       ``(i) Use of Funds in National Guard Accounts.--
       ``(1) In general.--Funds authorized for deposit in an 
     account under paragraph (6) or (7) of subsection (a) may be 
     obligated or expended only for the environmental remediation 
     of perfluoroalkyl substances and polyfluoroalkyl substances 
     at real property owned or leased by the Federal Government 
     that is licensed to and operated by a State for training for 
     the Army National Guard or the Air National Guard.
       ``(2) Definitions.--In this section:
       ``(A) The term `perfluoroalkyl substances' means aliphatic 
     substances for which all of the H atoms attached to C atoms 
     in the nonfluorinated substance from which they are 
     notionally derived have been replaced by F atoms, except 
     those H atoms whose substitution would modify the nature of 
     any functional groups present.
       ``(B) The term `polyfluoroalkyl substances' means aliphatic 
     substances for which all H atoms attached to at least one 
     (but not all) C atoms have been replaced by F atoms, in such 
     a manner that they contain the perfluoroalkyl moiety 
     CnF2n+1_ (for example, 
     C8F17CH2CH2OH).''.

                                 ______
                                 
  SA 641. Mrs. MURRAY submitted an amendment intended to be proposed by 
her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2806. REPORT ON UNFUNDED REQUIREMENTS FOR MAJOR AND 
                   MINOR MILITARY CONSTRUCTION PROJECTS FOR CHILD 
                   DEVELOPMENT CENTERS OF THE DEPARTMENT OF 
                   DEFENSE AND INCREASE OF MAXIMUM AMOUNTS FOR 
                   SUCH MINOR PROJECTS.

       (a) Report.--
       (1) In general.--The Under Secretary of Defense for 
     Personnel and Readiness, in coordination with the Assistant 
     Secretary for Energy, Installations, and Environment for each 
     military department, shall submit to the congressional 
     defense committees each year, at the time the budget of the 
     President for the fiscal year beginning in such year is 
     submitted to Congress under section 1105(a) of title 31, 
     United States Code, a report, in priority order, listing 
     unfunded requirements for major and minor military 
     construction projects for child development centers of the 
     Department of Defense.
       (2) Inclusion of form.--Each report submitted under 
     paragraph (1) shall include a Department of Defense Form 
     DD1391 for each major and minor military construction project 
     included in the report.
       (b) Increased Maximum Amounts Applicable to Minor 
     Construction Projects for Child Development Centers.--
       (1) In general.--For the purpose of any minor military 
     construction project for a child development center carried 
     out on or after the date of the enactment of this Act, the 
     amount specified in section 2805(a)(2) of title 10, United 
     States Code, is deemed to be $15,000,000.
       (2) Sunset.--This subsection shall terminate on the date 
     that is three years after the date of the enactment of this 
     Act.
       (c) Sense of the Senate.--It is the Sense of the Senate 
     that the Senate recognizes the need for additional investment 
     in child development centers and remains committed to 
     ensuring that future executable requirements for child 
     development centers are funded as much as possible beginning 
     in fiscal year 2020 based on the list of unfunded 
     requirements included in the report submitted under 
     subsection (a).
                                 ______
                                 
  SA 642. Mrs. MURRAY submitted an amendment intended to be proposed by 
her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1616 and insert the following:

     SEC. 1616. REQUIREMENTS FOR PHASE 2 OF ACQUISITION STRATEGY 
                   FOR NATIONAL SECURITY SPACE LAUNCH PROGRAM.

       (a) In General.--In carrying out phase 2 of the acquisition 
     strategy for the National Security Space Launch program, the 
     Secretary of the Air Force--
       (1) may not--
       (A) modify the acquisition schedule or mission performance 
     requirements; or
       (B) award missions to more than two launch service 
     providers; and
       (2) shall ensure that launch services are procured only 
     from launch service providers that use launch vehicles 
     meeting each Government requirement with respect to required 
     payloads to reference orbits.
       (b) Report and Briefing.--
       (1) In general.--Not later than 30 days after the date on 
     which the phase 2 award is announced, and annually thereafter 
     for the duration of phase 2, the Secretary shall submit to 
     the congressional defense committees a report and briefing 
     that includes--
       (A) an analysis of the commercial market for space launch, 
     including whether commercial launch providers are able to 
     meet the required reference orbits and all other requirements 
     of the National Security Space Launch program;
       (B) a description of the total costs of launches procured 
     under phase 2, including launch service support;
       (C) a plan to increase competition in the National Security 
     Space Launch program to more than two launch service 
     providers; and
       (D) a plan to ensure full and equitable use of unused 
     launch sites or potential new launch sites, including an 
     analysis of alternatives for viable access for small or 
     medium commercial launch providers.
       (2) Comptroller general review.--Not later than 90 days 
     after the date on which the Secretary submits a report under 
     paragraph (1) the Comptroller General of the United States 
     shall--
       (A) review the report; and
       (B) submit to Congress--

[[Page S3662]]

       (i) findings with respect to the accuracy and adequacy of 
     the report; and
       (ii) recommendations to improve the administration of the 
     National Security Space Launch program, including sustained 
     competition for launch service procurement.
                                 ______
                                 
  SA 643. Mr. VAN HOLLEN (for himself, Mr. Toomey, Mr. Brown, Mr. 
Portman, Mr. Markey, Mr. Gardner, and Mr. Cruz) submitted an amendment 
intended to be proposed by him to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of division A, add the following:

 TITLE XVII--OTTO WARMBIER BANKING RESTRICTIONS INVOLVING NORTH KOREA 
                              ACT OF 2019

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Otto Warmbier Banking 
     Restrictions Involving North Korea Act of 2019''.

           Subtitle A--Sanctions With Respect to North Korea

     SEC. 1711. FINDINGS.

       Congress finds the following:
       (1) Since 2006, the United Nations Security Council has 
     adopted 10 resolutions imposing sanctions against North Korea 
     under chapter VII of the United Nations Charter, which--
       (A) prohibit the use, development, and proliferation of 
     weapons of mass destruction by North Korea;
       (B) prohibit the supply, sale, or transfer of arms and 
     related materiel to or from North Korea;
       (C) prohibit the transfer of luxury goods to North Korea;
       (D) restrict access by North Korea to financial services 
     that could contribute to nuclear, missile, or other programs 
     related to the development of weapons of mass destruction;
       (E) restrict North Korean shipping, including the 
     registration, reflagging, or insuring of North Korean ships;
       (F) prohibit, with limited exceptions, North Korean exports 
     of coal, precious metals, iron, vanadium, and rare earth 
     minerals;
       (G) prohibit the transfer to North Korea of rocket, 
     aviation, or jet fuel, as well as gasoline, condensates, and 
     natural gas liquids;
       (H) prohibit new work authorization for North Korean 
     laborers and require the repatriation of all North Korean 
     laborers by December 2019;
       (I) prohibit exports of North Korean food and agricultural 
     products, including seafood;
       (J) prohibit joint ventures or cooperative commercial 
     entities or expanding joint ventures with North Korea;
       (K) prohibit exports of North Korean textiles;
       (L) require member countries of the United Nations to 
     seize, inspect, and impound any ship in its jurisdiction that 
     is suspected of violating Security Council resolutions with 
     respect to North Korea and to interdict and inspect all cargo 
     heading to or from North Korea by land, sea, or air;
       (M) limit the transfer to North Korea of refined petroleum 
     products and crude oil;
       (N) ban the sale or transfer to North Korea of industrial 
     machinery, transportation vehicles, electronics, iron, steel, 
     and other metals;
       (O) reduce North Korean diplomatic staff numbers in member 
     countries of the United Nations and expel any North Korean 
     diplomats found to be working on behalf of a person subject 
     to sanctions or assisting in sanctions evasion;
       (P) limit North Korean diplomatic missions abroad with 
     respect to staff size and access to banking privileges and 
     prohibit commerce from being conducted out of North Korean 
     consular or diplomatic offices;
       (Q) require member states of the United Nations to close 
     representative offices, subsidiaries, and bank accounts in 
     North Korea;
       (R) prohibit countries from providing or receiving military 
     training to or from North Korea or hosting North Koreans for 
     specialized teaching or training that could contribute to the 
     programs of North Korea related to the development of weapons 
     of mass destruction;
       (S) ban countries from granting landing and flyover rights 
     to North Korean aircraft; and
       (T) prohibit trade in statuary of North Korean origin.
       (2) The Government of North Korea has threatened to carry 
     out nuclear attacks against the United States, South Korea, 
     and Japan.
       (3) The Government of North Korea tested its sixth and 
     largest nuclear device on September 3, 2017.
       (4) According to a report by the International Atomic 
     Energy Agency released in August 2018, ``The continuation and 
     further development of the DPRK's nuclear programme and 
     related statements by the DPRK are a cause for grave concern. 
     The DPRK's nuclear activities, including those in relation to 
     the Yongbyon Experimental Nuclear Power Plant (5 MW(e)) 
     reactor, the use of the building which houses the reported 
     centrifuge enrichment facility and the construction at the 
     light water reactor, as well as the DPRK's sixth nuclear 
     test, are clear violations of relevant UN Security Council 
     resolutions, including resolution 2375 (2017) and are deeply 
     regrettable.''.
       (5) In July 2018, Secretary of State Mike Pompeo testified 
     to the Committee on Foreign Relations of the Senate that 
     North Korea ``continue[s] to produce fissile material'' 
     despite public pledges by North Korean leader Kim Jong-un to 
     denuclearize.
       (6) The 2019 Missile Defense Review conducted by the 
     Department of Defense states that North Korea ``continues to 
     pose an extraordinary threat and the United States must 
     remain vigilant. In the past, North Korea frequently issued 
     explicit nuclear missile threats against the United States 
     and allies, all the while working aggressively to field the 
     capability to strike the U.S. homeland with nuclear-armed 
     ballistic missiles. Over the past decade, it has invested 
     considerable resources in its nuclear and ballistic missile 
     programs, and undertaken extensive nuclear and missile 
     testing in order to realize the capability to threaten the 
     U.S. homeland with missile attack. As a result, North Korea 
     has neared the time when it could credibly do so.''.
       (7) Financial transactions and investments that provide 
     financial resources to the Government of North Korea, and 
     that fail to incorporate adequate safeguards against the 
     misuse of those financial resources, pose an undue risk of 
     contributing to--
       (A) weapons of mass destruction programs of that 
     Government; and
       (B) efforts to evade restrictions required by the United 
     Nations Security Council on imports or exports of arms and 
     related materiel, services, or technology by that Government.
       (8) The Federal Bureau of Investigation has determined that 
     the Government of North Korea was responsible for 
     cyberattacks against entities in the United States, South 
     Korea, and around the world.
       (9) In November 2017, President Donald Trump designated the 
     government of North Korea as a state sponsor of terrorism 
     pursuant to authorities under the Export Administration Act 
     of 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect 
     at the time under the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.)), the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151 et seq.), and the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.);
       (10) On February 22, 2018, the Secretary of State 
     determined that the Government of North Korea was responsible 
     for the lethal nerve agent attack in 2017 on Kim Jong Nam, 
     the half-brother of North Korean leader Kim Jong-un, in 
     Malaysia, triggering sanctions required under the Chemical 
     and Biological Weapons Control and Warfare Elimination Act of 
     1991 (22 U.S.C. 5601 et seq.).
       (11) The strict enforcement of sanctions is essential to 
     the efforts of the international community to achieve the 
     peaceful, complete, verifiable, and irreversible 
     dismantlement of weapons of mass destruction programs of the 
     Government of North Korea.

     SEC. 1712. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States is committed to working with its 
     allies and partners to halt the nuclear and ballistic missile 
     programs of North Korea through a policy of maximum pressure 
     and diplomatic engagement;
       (2) the imposition of sanctions, including those under this 
     title, should not be construed to limit the authority of the 
     President to fully engage in diplomatic negotiations to 
     further the policy objective described in paragraph (1);
       (3) the successful use of sanctions to halt the nuclear and 
     ballistic missile programs of North Korea is part of a 
     broader diplomatic and economic strategy that relies on 
     effective coordination among relevant Federal agencies and 
     officials, as well as with international partners of the 
     United States; and
       (4) the coordination described in paragraph (3) should 
     include proper vetting of external messaging and 
     communications from all parts of the Executive branch to 
     ensure that those communications are an intentional component 
     of and aligned with the strategy of the United States with 
     respect to North Korea.

     SEC. 1713. DEFINITIONS.

       In this subtitle, the terms ``applicable Executive order'', 
     ``applicable United Nations Security Council resolution'', 
     ``appropriate congressional committees'', ``Government of 
     North Korea'', ``North Korea'', and ``North Korean financial 
     institution'' have the meanings given those terms in section 
     3 of the North Korea Sanctions and Policy Enhancement Act of 
     2016 (22 U.S.C. 9202).

           PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS

     SEC. 1721. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL 
                   INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO 
                   CERTAIN SANCTIONED PERSONS.

       (a) In General.--Title II of the North Korea Sanctions and 
     Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is 
     amended by inserting after the item relating to section 201A 
     the following:

     ``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL 
                   INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO 
                   CERTAIN SANCTIONED PERSONS.

       ``(a) In General.--The Secretary of the Treasury shall 
     impose one or more of the sanctions described in subsection 
     (b) with respect to a foreign financial institution that

[[Page S3663]]

     the Secretary determines, on or after the date that is 90 
     days after the date of the enactment of the Otto Warmbier 
     Banking Restrictions Involving North Korea Act of 2019, 
     knowingly provides significant financial services to any 
     person designated for the imposition of sanctions under--
       ``(1) subsection (a) or (b) of section 104;
       ``(2) an applicable Executive order; or
       ``(3) an applicable United Nations Security Council 
     resolution.
       ``(b) Sanctions Described.--The sanctions that may be 
     imposed with respect to a foreign financial institution 
     subject to subsection (a) are the following:
       ``(1) Asset blocking.--The Secretary may block and 
     prohibit, pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.), all transactions in all 
     property and interests in property of the foreign financial 
     institution if such property and interests in property are in 
     the United States, come within the United States, or are or 
     come within the possession or control of a United States 
     person.
       ``(2) Restrictions on correspondent and payable-through 
     accounts.--The Secretary may prohibit, or impose strict 
     conditions on, the opening or maintaining in the United 
     States of a correspondent account or a payable-through 
     account by the foreign financial institution.
       ``(c) Implementation; Penalties.--
       ``(1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       ``(2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       ``(d) Regulations.--Not later than 180 days after the date 
     of the enactment of the Otto Warmbier Banking Restrictions 
     Involving North Korea Act of 2019, the President shall, as 
     appropriate, prescribe regulations to carry out this section.
       ``(e) Exception Relating to Importation of Goods.--
       ``(1) In general.--Notwithstanding section 404(b) or any 
     provision of this section, the authorities and requirements 
     to impose sanctions under this section shall not include the 
     authority or a requirement to impose sanctions on the 
     importation of goods.
       ``(2) Good defined.--In this subsection, the term `good' 
     means any article, natural or manmade substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       ``(f) Definitions.--In this section:
       ``(1) Account; correspondent account; payable-through 
     account.--The terms `account', `correspondent account', and 
     `payable-through account' have the meanings given those terms 
     in section 5318A of title 31, United States Code.
       ``(2) Financial institution.--The term `financial 
     institution' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       ``(3) Foreign financial institution.--The term `foreign 
     financial institution' shall have the meaning of that term as 
     determined by the Secretary of the Treasury.
       ``(4) Knowingly.--The term `knowingly', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.''.
       (b) Clerical Amendment.--The table of contents for the 
     North Korea Sanctions and Policy Enhancement Act of 2016 is 
     amended by inserting after the item relating to section 201A 
     the following:
``201B. Sanctions with respect to foreign financial institutions that 
              provide financial services to certain sanctioned 
              persons.''.

     SEC. 1722. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION 
                   PREVENTION SANCTIONS.

       Section 203(b)(2) of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by 
     striking ``2 years'' and inserting ``5 years''.

     SEC. 1723. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING 
                   OF PROPERTY OF NORTH KOREAN OFFICIALS.

       It is the sense of Congress that the President should--
       (1) encourage international collaboration through the 
     Financial Action Task Force and its global network to utilize 
     its standards and apply means at its disposal to counter the 
     money laundering, terrorist financing, and proliferation 
     financing threats emanating from North Korea; and
       (2) prioritize multilateral efforts to identify and block--
       (A) any property owned or controlled by a North Korean 
     official; and
       (B) any significant proceeds of kleptocracy by the 
     Government of North Korea or a North Korean official.

     SEC. 1724. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED 
                   NATIONS SECURITY COUNCIL RESOLUTIONS BY OTHER 
                   GOVERNMENTS.

       Section 317 of the Korean Interdiction and Modernization of 
     Sanctions Act (title III of Public Law 115-44; 131 Stat. 950) 
     is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter for 5 years,'' and 
     inserting ``Not later than 180 days after the date of the 
     enactment of the Otto Warmbier Banking Restrictions Involving 
     North Korea Act of 2019, and annually thereafter for 5 
     years,'';
       (B) in paragraph (3), by striking ``; or'' and inserting a 
     semicolon;
       (C) by redesignating paragraph (4) as paragraph (8); and
       (D) by inserting after paragraph (3) the following:
       ``(4) prohibit, in the territories of such countries or by 
     persons subject to the jurisdiction of such governments, the 
     opening of new joint ventures or cooperative entities with 
     North Korean persons or the expansion of existing joint 
     ventures through additional investments, whether or not for 
     or on behalf of the Government of North Korea, unless such 
     joint ventures or cooperative entities have been approved by 
     the Committee of the United Nations Security Council 
     established by United Nations Security Council Resolution 
     1718 (2006);
       ``(5) prohibit the unauthorized clearing of funds by North 
     Korean financial institutions through financial institutions 
     subject to the jurisdiction of such governments;
       ``(6) prohibit the unauthorized conduct of commercial trade 
     with North Korea that is prohibited under applicable United 
     Nations Security Council resolutions;
       ``(7) prevent the provision of financial services to North 
     Korean persons or the transfer of financial services to North 
     Korean persons to, through, or from the territories of such 
     countries or by persons subject to the jurisdiction of such 
     governments; or''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) Definitions.--In this section:
       ``(1) Appropriate congressional committees and 
     leadership.--The term `appropriate congressional committees 
     and leadership' means--
       ``(A) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the majority and 
     minority leaders of the Senate; and
       ``(B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, the Committee on Ways and Means, and the 
     Speaker, the majority leader, and the minority leader of the 
     House of Representatives.
       ``(2) Applicable united nations security council 
     resolution; north korean financial institution; north korean 
     person.--The terms `applicable United Nations Security 
     Council resolution', `North Korean financial institution', 
     and `North Korean person' have the meanings given those terms 
     in section 3 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9202).''.

     SEC. 1725. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF 
                   BENEFICIAL OWNERSHIP RULES TO ACCESS THE 
                   INTERNATIONAL FINANCIAL SYSTEM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall submit to the appropriate congressional committees a 
     report setting forth the findings of the Secretary regarding 
     how the Government of North Korea is exploiting laws with 
     respect to the beneficial owner of an entity in order to 
     access the international financial system.
       (b) Elements.--The Secretary shall include in the report 
     required under subsection (a) proposals for such legislative 
     and administrative action as the Secretary considers 
     appropriate to combat the abuse by the Government of North 
     Korea of shell companies and other similar entities to avoid 
     or evade sanctions.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex.

              PART II--CONGRESSIONAL REVIEW AND OVERSIGHT

     SEC. 1731. NOTIFICATION OF TERMINATION OR SUSPENSION OF 
                   SANCTIONS.

       Not less than 15 days before taking any action to terminate 
     or suspend the application of sanctions under this subtitle 
     or an amendment made by this subtitle, the President shall 
     notify the appropriate congressional committees of the 
     President's intent to take the action and the reasons for the 
     action.

     SEC. 1732. REPORTS ON CERTAIN LICENSING ACTIONS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report on the operation of the system for 
     issuing licenses for transactions under covered regulatory 
     provisions during the preceding 180-day period that 
     includes--
       (1) the number and types of such licenses applied for 
     during that period; and
       (2) the number and types of such licenses issued during 
     that period.
       (b) Covered Regulatory Provision Defined.--In this section, 
     the term ``covered regulatory provision'' means any of the 
     following provisions, as in effect on the day before the date 
     of the enactment of this Act and as such provisions relate to 
     North Korea:
       (1) Part 743, 744, or 746 of title 15, Code of Federal 
     Regulations.
       (2) Part 510 of title 31, Code of Federal Regulations.
       (3) Any other provision of title 31, Code of Federal 
     Regulations.

[[Page S3664]]

       (c) Form.--Each report required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex.

     SEC. 1733. BRIEFINGS ON IMPLEMENTATION AND ENFORCEMENT OF 
                   SANCTIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, and every 180 days thereafter, the Secretary of the 
     Treasury shall provide to the appropriate congressional 
     committees a briefing on efforts relating to the 
     implementation and enforcement of United States sanctions 
     with respect to North Korea, including appropriate updates on 
     the efforts of the Department of the Treasury to address 
     compliance with such sanctions by foreign financial 
     institutions.

     SEC. 1734. REPORT ON FINANCIAL NETWORKS AND FINANCIAL METHODS 
                   OF THE GOVERNMENT OF NORTH KOREA.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2025, the President shall submit to the appropriate 
     congressional committees a report on sources of external 
     support for the Government of North Korea that includes--
       (A) a description of the methods used by the Government of 
     North Korea to deal in, transact in, or conceal the 
     ownership, control, or origin of goods and services exported 
     by North Korea;
       (B) an assessment of the relationship between the 
     proliferation of weapons of mass destruction by the 
     Government of North Korea and the financial industry or 
     financial institutions;
       (C) an assessment of the relationship between the 
     acquisition by the Government of North Korea of military 
     expertise, equipment, and technology and the financial 
     industry or financial institutions;
       (D) a description of the export by any person to the United 
     States of goods, services, or technology that are made with 
     significant amounts of North Korean labor, material, or 
     goods, including minerals, manufacturing, seafood, overseas 
     labor, or other exports from North Korea;
       (E) an assessment of the involvement of any person in human 
     trafficking involving citizens or nationals of North Korea;
       (F) a description of how the President plans to address the 
     flow of funds generated by activities described in 
     subparagraphs (A) through (E), including through the use of 
     sanctions or other means;
       (G) an assessment of the extent to which the Government of 
     North Korea engages in criminal activities, including money 
     laundering, to support that Government;
       (H) information relating to the identification, blocking, 
     and release of property described in section 201B(b)(1) of 
     the North Korea Sanctions and Policy Enhancement Act of 2016, 
     as added by section 1721;
       (I) a description of the metrics used to measure the 
     effectiveness of law enforcement and diplomatic initiatives 
     of Federal, State, and foreign governments to comply with the 
     provisions of applicable United Nations Security Council 
     resolutions; and
       (J) an assessment of the effectiveness of programs within 
     the financial industry to ensure compliance with United 
     States sanctions, applicable United Nations Security Council 
     resolutions, and applicable Executive orders.
       (2) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (b) Interagency Coordination.--The President shall ensure 
     that any information collected pursuant to subsection (a) is 
     shared among the Federal departments and agencies involved in 
     investigations described in section 102(b) of the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 
     9212(b)).

     SEC. 1735. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO 
                   TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF 
                   CERTAIN ITEMS TO NORTH KOREA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2023, the Director of National Intelligence shall submit to 
     the President, the Secretary of Defense, the Secretary of 
     Commerce, the Secretary of State, the Secretary of the 
     Treasury, and the appropriate congressional committees a 
     report that identifies all countries that the Director 
     determines are of concern with respect to transshipment, 
     reexportation, or diversion of items subject to the 
     provisions of the Export Administration Regulations under 
     subchapter C of chapter VII of title 15, Code of Federal 
     Regulations, to an entity owned or controlled by the 
     Government of North Korea.
       (b) Form.--Each report required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex.

                       PART III--GENERAL MATTERS

     SEC. 1741. RULEMAKING.

       The President shall prescribe such rules and regulations as 
     may be necessary to carry out this subtitle and amendments 
     made by this subtitle.

     SEC. 1742. AUTHORITY TO CONSOLIDATE REPORTS.

       (a) In General.--Any and all reports required to be 
     submitted to the appropriate congressional committees under 
     this subtitle or an amendment made by this subtitle that are 
     subject to a deadline for submission consisting of the same 
     unit of time may be consolidated into a single report that is 
     submitted pursuant to that deadline.
       (b) Contents.--Any reports consolidated under subsection 
     (a) shall contain all information required under this 
     subtitle or an amendment made by this subtitle and any other 
     elements that may be required by existing law.

     SEC. 1743. WAIVERS, EXEMPTIONS, AND TERMINATION.

       (a) Application and Modification of Exemptions and Waivers 
     From North Korea Sanctions and Policy Enhancement Act of 
     2016.--Section 208 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9228) is amended--
       (1) by inserting ``201B,'' after ``201A,'' each place it 
     appears; and
       (2) in subsection (c), by inserting ``, not less than 15 
     days before the waiver takes effect,'' after ``if the 
     President''.
       (b) Suspension.--
       (1) In general.--Subject to section 1731, any requirement 
     to impose sanctions under this subtitle or the amendments 
     made by this subtitle, and any sanctions imposed pursuant to 
     this subtitle or any such amendment, may be suspended for up 
     to one year if the President makes the certification 
     described in section 401 of the North Korea Sanctions and 
     Policy Enhancement Act of 2016 (22 U.S.C. 9251) to the 
     appropriate congressional committees.
       (2) Renewal.--A suspension under paragraph (1) may be 
     renewed in accordance with section 401(b) of the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 
     9251(b)).
       (c) Termination.--Subject to section 1731, any requirement 
     to impose sanctions under this subtitle or the amendments 
     made by this subtitle, and any sanctions imposed pursuant to 
     this subtitle or any such amendment, shall terminate on the 
     date on which the President makes the certification described 
     in section 402 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9252).

     SEC. 1744. PROCEDURES FOR REVIEW OF CLASSIFIED INFORMATION.

       (a) In General.--If a finding under this subtitle or an 
     amendment made by this subtitle, a prohibition, condition, or 
     penalty imposed as a result of any such finding, or a penalty 
     imposed under this subtitle or an amendment made by this 
     subtitle, is based on classified information (as defined in 
     section 1(a) of the Classified Information Procedures Act (18 
     U.S.C. App.)) and a court reviews the finding or the 
     imposition of the prohibition, condition, or penalty, the 
     Secretary of the Treasury may submit such information to the 
     court ex parte and in camera.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to confer or imply any right to judicial review of 
     any finding under this subtitle or an amendment made by this 
     subtitle, any prohibition, condition, or penalty imposed as a 
     result of any such finding, or any penalty imposed under this 
     subtitle or an amendment made by this subtitle.

     SEC. 1745. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS.

       Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of the Treasury shall provide to the 
     appropriate congressional committees a briefing on--
       (1) the resources allocated by the Department of the 
     Treasury to support each sanctions program administered by 
     the Department; and
       (2) recommendations for additional authorities or resources 
     necessary to expand the capacity or capability of the 
     Department related to implementation and enforcement of such 
     programs.

     SEC. 1746. BRIEFING ON PROLIFERATION FINANCING.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall provide to the appropriate congressional committees a 
     briefing on addressing proliferation finance.
       (b) Elements.--The briefing required by subsection (a) 
     shall include the following:
       (1) The Department of the Treasury's definition and 
     description of an appropriate risk-based approach to 
     combating financing of the proliferation of weapons of mass 
     destruction.
       (2) An assessment of--
       (A) Federal financial regulatory agency oversight, 
     including by the Financial Crimes Enforcement Network, of 
     United States financial institutions and the adoption by 
     their foreign subsidiaries, branches, and correspondent 
     institutions of a risk-based approach to proliferation 
     financing; and
       (B) whether financial institutions in foreign jurisdictions 
     known by the United States intelligence and law enforcement 
     communities to be jurisdictions through which North Korea 
     moves substantial sums of licit and illicit finance are 
     applying a risk-based approach to proliferation financing, 
     and if that approach is comparable to the approach required 
     by United States financial institution supervisors.
       (3) A survey of the technical assistance the Office of 
     Technical Assistance of the Department of the Treasury, and 
     other appropriate Executive branch offices, currently provide 
     foreign institutions on implementing counter-proliferation 
     financing best practices.
       (4) An assessment of the ability of foreign subsidiaries, 
     branches, and correspondent institutions of United States 
     financial institutions to implement a risk-based approach to 
     proliferation financing.

[[Page S3665]]

  


                Subtitle B--Divestment From North Korea

     SEC. 1751. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST 
                   FROM COMPANIES THAT INVEST IN NORTH KOREA.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should support the decision of any State or 
     local government made for moral, prudential, or reputational 
     reasons, to divest from, or prohibit the investment of assets 
     of the State or local government in, a person that engages in 
     investment activities described in subsection (c) if North 
     Korea is subject to economic sanctions imposed by the United 
     States or the United Nations Security Council.
       (b) Authority To Divest.--Notwithstanding any other 
     provision of law, a State or local government may adopt and 
     enforce measures that meet the requirements of subsection (d) 
     to divest the assets of the State or local government from, 
     or prohibit investment of the assets of the State or local 
     government in, any person that the State or local government 
     determines, using credible information available to the 
     public, engages in investment activities described in 
     subsection (c).
       (c) Investment Activities Described.--Investment activities 
     described in this subsection are activities of a value of 
     more than $10,000 relating to an investment in North Korea or 
     in goods or services originating in North Korea that are not 
     conducted pursuant to a license issued by the Department of 
     the Treasury.
       (d) Requirements.--Any measure taken by a State or local 
     government under subsection (b) shall meet the following 
     requirements:
       (1) Notice.--The State or local government shall provide 
     written notice to each person with respect to which a measure 
     under this section is to be applied.
       (2) Timing.--The measure applied under this section shall 
     apply to a person not earlier than the date that is 90 days 
     after the date on which written notice under paragraph (1) is 
     provided to the person.
       (3) Opportunity to demonstrate compliance.--
       (A) In general.--The State or local government shall 
     provide to each person with respect to which a measure is to 
     be applied under this section an opportunity to demonstrate 
     to the State or local government that the person does not 
     engage in investment activities described in subsection (c).
       (B) Nonapplication.--If a person with respect to which a 
     measure is to be applied under this section demonstrates to 
     the State or local government under subparagraph (A) that the 
     person does not engage in investment activities described in 
     subsection (c), the measure shall not apply to that person.
       (4) Sense of congress on avoiding erroneous targeting.--It 
     is the sense of Congress that a State or local government 
     should not adopt a measure under subsection (b) with respect 
     to a person unless the State or local government has--
       (A) made every effort to avoid erroneously targeting the 
     person; and
       (B) verified that the person engages in investment 
     activities described in subsection (c).
       (e) Notice to Department of Justice.--Not later than 30 
     days before a State or local government applies a measure 
     under this section, the State or local government shall 
     notify the Attorney General of that measure.
       (f) Authorization for Prior Applied Measures.--
       (1) In general.--Notwithstanding any other provision of 
     this section or any other provision of law, a State or local 
     government may enforce a measure (without regard to the 
     requirements of subsection (d), except as provided in 
     paragraph (2)) applied by the State or local government 
     before the date of the enactment of this Act that provides 
     for the divestment of assets of the State or local government 
     from, or prohibits the investment of the assets of the State 
     or local government in, any person that the State or local 
     government determines, using credible information available 
     to the public, engages in investment activities described in 
     subsection (c) that are identified in that measure.
       (2) Application of notice requirements.--A measure 
     described in paragraph (1) shall be subject to the 
     requirements of paragraphs (1), (2), and (3)(A) of subsection 
     (d) on and after the date that is 2 years after the date of 
     the enactment of this Act.
       (g) No Preemption.--A measure applied by a State or local 
     government that is consistent with subsection (b) or (f) is 
     not preempted by any Federal law.
       (h) Definitions.--In this section:
       (1) Asset.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``asset'' means public monies, and includes any 
     pension, retirement, annuity, endowment fund, or similar 
     instrument, that is controlled by a State or local 
     government.
       (B) Exception.--The term ``asset'' does not include 
     employee benefit plans covered by title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.).
       (2) Investment.--The term ``investment'' includes--
       (A) a commitment or contribution of funds or property;
       (B) a loan or other extension of credit; and
       (C) the entry into or renewal of a contract for goods or 
     services.
       (i) Effective Date.--
       (1) In general.--Except as provided in paragraph (2) and 
     subsection (f), this section applies to measures applied by a 
     State or local government before, on, or after the date of 
     the enactment of this Act.
       (2) Notice requirements.--Except as provided in subsection 
     (f), subsections (d) and (e) apply to measures applied by a 
     State or local government on or after the date of the 
     enactment of this Act.

     SEC. 1752. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY 
                   ASSET MANAGERS.

       Section 13(c)(1) of the Investment Company Act of 1940 (15 
     U.S.C. 80a-13(c)(1)) is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) engage in investment activities described in section 
     1751(c) of the Otto Warmbier Banking Restrictions Involving 
     North Korea Act of 2019.''.

     SEC. 1753. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN 
                   INVESTMENTS.

       It is the sense of Congress that--
       (1) a fiduciary of an employee benefit plan, as defined in 
     section 3(3) of the Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or 
     avoid investing plan assets in, any person the fiduciary 
     determines engages in investment activities described in 
     section 1751(c), if--
       (A) the fiduciary makes that determination using credible 
     information that is available to the public; and
       (B) the fiduciary prudently determines that the result of 
     that divestment or avoidance of investment would not be 
     expected to provide the employee benefit plan with--
       (i) a lower rate of return than alternative investments 
     with commensurate degrees of risk; or
       (ii) a higher degree of risk than alternative investments 
     with commensurate rates of return; and
       (2) by divesting assets or avoiding the investment of 
     assets as described in paragraph (1), the fiduciary is not 
     breaching the responsibilities, obligations, or duties 
     imposed upon the fiduciary by subparagraph (A) or (B) of 
     section 404(a)(1) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1104(a)(1)).

     SEC. 1754. RULE OF CONSTRUCTION.

       Nothing in this subtitle, an amendment made by this 
     subtitle, or any other provision of law authorizing sanctions 
     with respect to North Korea shall be construed to affect or 
     displace--
       (1) the authority of a State or local government to issue 
     and enforce rules governing the safety, soundness, and 
     solvency of a financial institution subject to its 
     jurisdiction; or
       (2) the regulation and taxation by the several States of 
     the business of insurance, pursuant to the Act of March 9, 
     1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) 
     (commonly known as the ``McCarran-Ferguson Act'').

      Subtitle C--Financial Industry Guidance to Halt Trafficking

     SEC. 1761. SHORT TITLE.

       This subtitle may be cited as the ``Financial Industry 
     Guidance to Halt Trafficking Act'' or the ``FIGHT Act''.

     SEC. 1762. FINDINGS.

       Congress finds the following:
       (1) The terms ``human trafficking'' and ``trafficking in 
     persons'' are used interchangeably to describe crimes 
     involving the exploitation of a person for the purposes of 
     compelled labor or commercial sex through the use of force, 
     fraud, or coercion.
       (2) According to the International Labour Organization, 
     there are an estimated 24,900,000 people worldwide who are 
     victims of forced labor, including human trafficking victims 
     in the United States.
       (3) Human trafficking is perpetrated for financial gain.
       (4) According to the International Labour Organization, of 
     the estimated $150,000,000,000 or more in global profits 
     generated annually from human trafficking--
       (A) approximately \2/3\ are generated by commercial sexual 
     exploitation, exacted by fraud or by force; and
       (B) approximately \1/3\ are generated by forced labor.
       (5) Most purchases of commercial sex acts are paid for with 
     cash, making trafficking proceeds difficult to identify in 
     the financial system. Nonetheless, traffickers rely heavily 
     on access to financial institutions as destinations for 
     trafficking proceeds and as conduits to finance every step of 
     the trafficking process.
       (6) Under section 1956 of title 18, United States Code 
     (relating to money laundering), human trafficking is a 
     ``specified unlawful activity'' and transactions conducted 
     with proceeds earned from trafficking people, or used to 
     further trafficking operations, can be prosecuted as money 
     laundering offenses.

     SEC. 1763. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the President should aggressively apply, as 
     appropriate, existing sanctions for human trafficking 
     authorized under section 111 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7108);
       (2) the Financial Crimes Enforcement Network of the 
     Department of the Treasury should continue--
       (A) to monitor reporting required under subchapter II of 
     chapter 53 of title 31, United

[[Page S3666]]

     States Code (commonly known as the ``Bank Secrecy Act'') and 
     to update advisories, as warranted;
       (B) to periodically review its advisories to provide 
     covered financial institutions, as appropriate, with a list 
     of new ``red flags'' for identifying activities of concern, 
     particularly human trafficking;
       (C) to encourage entities covered by the advisories 
     described in subparagraph (B) to incorporate relevant 
     elements provided in the advisories into their current 
     transaction and account monitoring systems or in policies, 
     procedures, and training on human trafficking to enable 
     financial institutions to maintain ongoing efforts to examine 
     transactions and accounts;
       (D) to use geographic targeting orders, as appropriate, to 
     impose additional reporting and recordkeeping requirements 
     under section 5326(a) of title 31, United States Code, to 
     carry out the purposes of, and prevent evasions of the Bank 
     Secrecy Act; and
       (E) to utilize the Bank Secrecy Act Advisory Group and 
     other relevant entities to identify opportunities for 
     nongovernmental organizations to share relevant actionable 
     information on human traffickers' use of the financial sector 
     for nefarious purposes;
       (3) Federal banking regulators, the Department of the 
     Treasury, relevant law enforcement agencies, and the Human 
     Smuggling and Trafficking Center, in partnership with 
     representatives from the United States financial community, 
     should adopt regular forms of sharing information to disrupt 
     human trafficking, including developing protocols and 
     procedures to share actionable information between and 
     amongst covered institutions, law enforcement, and the United 
     States intelligence community;
       (4) training front line bank and money service business 
     employees, school teachers, law enforcement officers, foreign 
     service officers, counselors, and the general public is an 
     important factor in identifying trafficking victims;
       (5) the Department of Homeland Security's Blue Campaign, 
     training by the BEST Employers Alliance, and similar efforts 
     by industry, human rights, and nongovernmental organizations 
     focused on human trafficking provide good examples of current 
     efforts to educate employees of critical sectors to save 
     victims and disrupt trafficking networks;
       (6) the President should intensify diplomatic efforts, 
     bilaterally and in appropriate international fora, such as 
     the United Nations, to develop and implement a coordinated, 
     consistent, multilateral strategy for addressing the 
     international financial networks supporting human 
     trafficking; and
       (7) in deliberations between the United States Government 
     and any foreign country, including through participation in 
     the Egmont Group of Financial Intelligence Units, regarding 
     money laundering, corruption, and transnational crimes, the 
     United States Government should--
       (A) encourage cooperation by foreign governments and 
     relevant international fora in identifying the extent to 
     which the proceeds from human trafficking are being used to 
     facilitate terrorist financing, corruption, or other illicit 
     financial crimes;
       (B) encourage cooperation by foreign governments and 
     relevant international fora in identifying the nexus between 
     human trafficking and money laundering;
       (C) advance policies that promote the cooperation of 
     foreign governments, through information sharing, training, 
     or other measures, in the enforcement of this subtitle;
       (D) encourage the Financial Action Task Force to update its 
     July 2011 typology reports entitled, ``Laundering the 
     Proceeds of Corruption'' and ``Money Laundering Risks Arising 
     from Trafficking in Human Beings and Smuggling of Migrants'', 
     to identify the money laundering risk arising from the 
     trafficking of human beings; and
       (E) encourage the Egmont Group of Financial Intelligence 
     Units to study the extent to which human trafficking 
     operations are being used for money laundering, terrorist 
     financing, or other illicit financial purposes.

     SEC. 1764. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE 
                   OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE.

       (a) Functions.--Section 312(a)(4) of title 31, United 
     States Code, is amended--
       (1) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (F), (G), and (H), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) combating illicit financing relating to human 
     trafficking;''.
       (b) Interagency Coordination.--Section 312(a) of such title 
     is amended by adding at the end the following:
       ``(8) Interagency coordination.--The Secretary of the 
     Treasury, after consultation with the Undersecretary for 
     Terrorism and Financial Crimes, shall designate an office 
     within the OTFI that shall coordinate efforts to combat the 
     illicit financing of human trafficking with--
       ``(A) other offices of the Department of the Treasury;
       ``(B) other Federal agencies, including--
       ``(i) the Office to Monitor and Combat Trafficking in 
     Persons of the Department of State; and
       ``(ii) the Interagency Task Force to Monitor and Combat 
     Trafficking;
       ``(C) State and local law enforcement agencies; and
       ``(D) foreign governments.''.

     SEC. 1765. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING 
                   AND OTHER FINANCIAL TOOLS IN COMBATING HUMAN 
                   TRAFFICKING.

       (a) Interagency Task Force Recommendations Targeting Money 
     Laundering Related to Human Trafficking.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Interagency Task Force to 
     Monitor and Combat Trafficking shall submit to the Committee 
     on Banking, Housing, and Urban Affairs, the Committee on 
     Foreign Relations, and the Committee on the Judiciary of the 
     Senate, the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Committee on the Judiciary of the 
     House of Representatives, the Secretary of the Treasury, and 
     each appropriate Federal banking agency--
       (A) an analysis of anti-money laundering efforts of the 
     United States Government, United States financial 
     institutions, and multilateral development banks related to 
     human trafficking; and
       (B) appropriate legislative, administrative, and other 
     recommendations to strengthen efforts against money 
     laundering relating to human trafficking.
       (2) Required recommendations.--The recommendations under 
     paragraph (1) shall include--
       (A) best practices based on successful anti-human 
     trafficking programs currently in place at domestic and 
     international financial institutions that are suitable for 
     broader adoption;
       (B) feedback from stakeholders, including victims of severe 
     trafficking in persons, advocates of persons at risk of 
     becoming victims of severe forms of trafficking in persons, 
     the United States Advisory Council on Human Trafficking, 
     civil society organizations, and financial institutions on 
     policy proposals derived from the analysis conducted by the 
     task force referred to in paragraph (1) that would enhance 
     the efforts and programs of financial institutions to detect 
     and deter money laundering related to human trafficking, 
     including any recommended changes to internal policies, 
     procedures, and controls related to human trafficking;
       (C) any recommended changes to training programs at 
     financial institutions to better equip employees to deter and 
     detect money laundering related to human trafficking; and
       (D) any recommended changes to expand human trafficking-
     related information sharing among financial institutions and 
     between such financial institutions, appropriate law 
     enforcement agencies, and appropriate Federal agencies.
       (b) Additional Reporting Requirement.--Section 105(d)(7) of 
     the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7103(d)(7)) is amended--
       (1) in the matter preceding subparagraph (A)--
       (A) by inserting ``the Committee on Financial Services,'' 
     after ``the Committee on Foreign Affairs''; and
       (B) by inserting ``the Committee on Banking, Housing, and 
     Urban Affairs,'' after ``the Committee on Foreign 
     Relations,'';
       (2) in subparagraph (Q)(vii), by striking ``; and'' and 
     inserting a semicolon;
       (3) in subparagraph (R), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(S) the efforts of the United States to eliminate money 
     laundering related to human trafficking and the number of 
     investigations, arrests, indictments, and convictions in 
     money laundering cases with a nexus to human trafficking.''.
       (c) Required Review of Procedures.--Not later than 180 days 
     after the date of the enactment of this Act, the Federal 
     Financial Institutions Examination Council, in consultation 
     with the Secretary of the Treasury, victims of severe forms 
     of trafficking in persons, advocates of persons at risk of 
     becoming victims of severe forms of trafficking in persons, 
     the United States Advisory Council on Trafficking, civil 
     society organizations, the private sector, and appropriate 
     law enforcement agencies, shall--
       (1) review and enhance training and examinations procedures 
     to improve the surveillance capabilities of anti-money 
     laundering and countering the financing of terrorism programs 
     to detect human trafficking-related financial transactions;
       (2) review and enhance procedures for referring potential 
     human trafficking cases to the appropriate law enforcement 
     agency; and
       (3) determine, as appropriate, whether requirements for 
     financial institutions and covered financial institutions are 
     sufficient to detect and deter money laundering related to 
     human trafficking.
       (d) Limitations.--Nothing in this section shall be 
     construed to--
       (1) grant rulemaking authority to the Interagency Task 
     Force to Monitor and Combat Trafficking; or
       (2) authorize financial institutions to deny services to or 
     violate the privacy of victims of trafficking, victims of 
     severe forms of trafficking, or individuals not responsible 
     for promoting severe forms of trafficking in persons.

     SEC. 1766. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN 
                   TRAFFICKING.

       It is the sense of Congress that--
       (1) adequate funding should be provided for critical 
     Federal efforts to combat human trafficking;
       (2) the Department of the Treasury should have the 
     appropriate resources to vigorously investigate human 
     trafficking networks under section 111 of the Trafficking 
     Victims

[[Page S3667]]

     Protection Act of 2000 (22 U.S.C. 7108) and other relevant 
     statutes and Executive orders;
       (3) the Department of the Treasury and the Department of 
     Justice should each have the capacity and appropriate 
     resources to support technical assistance to develop foreign 
     partners' ability to combat human trafficking through strong 
     national anti-money laundering and countering the financing 
     of terrorism programs;
       (4) each United States Attorney's Office should be provided 
     appropriate funding to increase the number of personnel for 
     community education and outreach and investigative support 
     and forensic analysis related to human trafficking; and
       (5) the Department of State should be provided additional 
     resources, as necessary, to carry out the Survivors of Human 
     Trafficking Empowerment Act (section 115 of Public Law 114-
     22; 129 Stat. 243).
                                 ______
                                 
  SA 644. Mrs. FEINSTEIN (for herself and Ms. Harris) submitted an 
amendment intended to be proposed by her to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 2815. MODIFICATION OF AUTHORIZED USES OF CERTAIN 
                   PROPERTY CONVEYED BY THE UNITED STATES IN LOS 
                   ANGELES, CALIFORNIA.

       (a) In General.--Section 2 of Public Law 85-236 (71 Stat. 
     517) is amended in the first sentence by inserting after 
     ``for other military purposes'' the following: ``and for 
     purposes of meeting the needs of the homeless (as that term 
     is defined in section 103 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11302))''.
       (b) Modification of Use.--
       (1) Application.--The State of California may submit to the 
     Administrator of General Services an application for use of 
     the property conveyed pursuant to section 2 of Public Law 85-
     236 for purposes of meeting the needs of the homeless in 
     accordance with the amendment made by subsection (a).
       (2) Review of application.--
       (A) In general.--Not later than 60 days after the date of 
     receipt of an application pursuant to paragraph (1), the 
     Administrator and the Secretary of Health and Human Services 
     shall jointly determine whether the use of the property 
     described in the application is a use for purposes of meeting 
     the needs of the homeless.
       (B) Concurrence by secretary of the army.--If the 
     Administrator and the Secretary of Health and Human Services 
     jointly determine that the use of the property described in 
     the application is for purposes of meeting the needs of the 
     homeless, the Administrator shall request concurrence by the 
     Secretary of the Army that the proposed use to meet the needs 
     of the homeless does not preclude current and anticipated 
     future use of the property for training of the National Guard 
     and for other military purposes.
       (3) Modification of instrument of conveyance.--If the 
     Secretary of the Army concurs that the proposed use to meet 
     the needs of the homeless does not preclude current and 
     anticipated future use of the property for training of the 
     National Guard and for other military purposes, the 
     Administrator shall execute and record in the appropriate 
     office an instrument of modification of the deed of 
     conveyance executed pursuant to Public Law 85-236 in order to 
     authorize such use of the property. The instrument shall 
     include such additional terms and conditions as the 
     Administrator considers appropriate to protect the interests 
     of the United States.
                                 ______
                                 
  SA 645. Mr. BLUMENTHAL (for himself, Mrs. Murray, Mr. Markey, Mr. 
Heinrich, Mr. Leahy, Mr. Whitehouse, and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. _. DUTY TO REPORT OFFERS BY FOREIGN NATIONALS TO MAKE 
                   PROHIBITED CONTRIBUTIONS, DONATIONS, 
                   EXPENDITURES, OR DISBURSEMENTS.

       (a) Short Title; Findings.--
       (1) Short title.--This section may be cited as the ``Duty 
     To Report Act''.
       (2) Findings.--Congress makes the following findings:
       (A) Political contributions and express-advocacy 
     expenditures are an integral aspect of the process by which 
     Americans elect officials to Federal, State, and local 
     government offices.
       (B) It is fundamental to the definition of a national 
     political community that foreign citizens do not have a 
     constitutional right to participate in, and thus may be 
     excluded from, activities of democratic self-governance.
       (C) The United States has a compelling interest in limiting 
     the participation of foreign citizens in activities of 
     democratic self-government, and in thereby preventing foreign 
     influence over the United States political process.
       (D) Foreign donations and expenditures have a corrupting 
     influence on the campaign process and limiting the activities 
     of foreign citizens in our elections is necessary to preserve 
     the basic conception of a political community and democratic 
     self-governance.
       (b) Reporting to the FEC.--
       (1) Reporting offers of prohibited contributions, 
     donations, expenditures, or disbursements by foreign 
     nationals.--Section 304 of the Federal Election Campaign Act 
     of 1971 (52 U.S.C. 30104) is amended by adding at the end the 
     following new subsection:
       ``(j) Disclosure of Offers of Prohibited Contributions, 
     Donations, Expenditures, or Disbursements by Foreign 
     Nationals.--If a political committee, an agent of the 
     committee, or in the case of an authorized committee of a 
     candidate for Federal office, a candidate, receives an offer 
     (orally, in writing, or otherwise) of a prohibited 
     contribution, donation, expenditure, or disbursement (as 
     defined in subsection (c)(3) of the Duty To Report Act), the 
     committee shall, within 24 hours of receiving the offer, 
     report to the Commission--
       ``(1) to the extent known, the name, address, and 
     nationality of the foreign national (as defined in section 
     319(b)) making the offer; and
       ``(2) the amount and type of contribution, donation, 
     expenditure, or disbursement offered.''.
       (2) Reporting meetings with foreign governments or their 
     agents.--Section 304 of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30104), as amended by paragraph (1), is 
     amended by adding at the end the following new subsection:
       ``(k) Disclosure of Meetings With Foreign Governments or 
     Their Agents.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     a political committee, an agent of the committee, or in the 
     case of an authorized committee of a candidate for Federal 
     office, a candidate, meets with a foreign government or an 
     agent of a foreign principal, as defined in section 1 of the 
     Foreign Agents Registration Act of 1938 (22 U.S.C. 611), the 
     committee shall, within 24 hours of meeting, report to the 
     Commission--
       ``(A) to the extent known, the identity of each individual 
     at the meeting and the foreign government involved; and
       ``(B) the purpose of the meeting.
       ``(2) Exception for meetings in official capacity.--
     Paragraph (1) shall not apply with respect to a meeting with 
     a foreign government or an agent of a foreign principal by an 
     elected official or as an employee of an elected official in 
     their official capacity as such an official or employee.''.
       (3) Promulgation of regulations.--Not later than one year 
     after the date of enactment of this Act, the Federal Election 
     Commission shall promulgate regulations providing additional 
     indicators beyond the pertinent facts described in section 
     110.20(a)(5) of title 11, Code of Federal Regulations (as in 
     effect on the date of enactment of this Act) that may lead a 
     reasonable person to conclude that there is a substantial 
     probability that the source of the funds solicited, accepted, 
     or received is a foreign national, as defined in section 
     319(b) of the Federal Election Act of 1971 (52 U.S.C. 
     30121(b)), or to inquire whether the source of the funds 
     solicited, accepted, or received is a foreign national, as so 
     defined. Regulations promulgated under the proceeding 
     sentence shall also provide guidance to political committees 
     and campaigns to not engage in racial or ethnic profiling in 
     making such a conclusion or inquiry.
       (c) Reporting Offers of Prohibited Contributions, 
     Donations, Expenditures, or Disbursements by Foreign 
     Nationals to the FBI.--
       (1) In general.--If a political committee or an applicable 
     individual (as defined in paragraph (3)) receives an offer 
     (orally, in writing, or otherwise) of a prohibited 
     contribution, donation, expenditure, or disbursement, the 
     committee or applicable individual shall, within 24 hours of 
     receiving the offer, report to the Federal Bureau of 
     Investigation--
       (A) to the extent known, the name, address, and nationality 
     of the foreign national making the offer; and
       (B) the amount and type of contribution, donation, 
     expenditure, or disbursement offered.
       (2) Offense.--
       (A) In general.--It shall be unlawful to knowingly and 
     willfully fail to comply with paragraph (1).
       (B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 2 years, or both.
       (3) Definitions.--In this subsection:
       (A) Applicable individual.--
       (i) In general.--The term ``applicable individual'' means--

       (I) an agent of a political committee;
       (II) a candidate;
       (III) an individual who is an immediate family member of a 
     candidate; or
       (IV) any individual affiliated with a campaign of a 
     candidate.

[[Page S3668]]

       (ii) Immediate family member; individual affiliated with a 
     campaign.--For purposes of clause (i)--

       (I) the term ``immediate family member'' means, with 
     respect to a candidate, a parent, parent in law, spouse, 
     adult child, or sibling; and
       (II) the term ``individual affiliated with a campaign'' 
     means, with respect to a candidate, an employee of any 
     organization legally authorized under Federal, State, or 
     local law to support the candidate's campaign for nomination 
     for, or election to, any Federal, State, or local public 
     office, as well as any independent contractor of such an 
     organization and any individual who performs services for the 
     organization on an unpaid basis (including an intern or 
     volunteer).

       (B) Foreign national.--The term ``foreign national'' has 
     the meaning given that term in section 319(b) of the Federal 
     Election Campaign Act of 1971(52 U.S.C. 30121(b)).
       (C) Knowingly.--The term ``knowingly'' has the meaning 
     given that term in section 110.20(a)(4) of title 11, Code of 
     Federal Regulations (or any successor regulations).
       (D) Prohibited contribution, donation, expenditure, or 
     disbursement.--
       (i) In general.--The term ``prohibited contribution, 
     donation, expenditure, or disbursement'' means a 
     contribution, donation, expenditure, or disbursement 
     prohibited under section 319(a) of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30121(a)).
       (ii) Clarification.--Such term includes, with respect to a 
     candidate or election, any information--

       (I) regarding any of the other candidates for election for 
     that office;
       (II) that is not in the public domain; and
       (III) which could be used to the advantage of the campaign 
     of the candidate.

       (E) Other terms.--Any term used in this subsection which is 
     defined in section 301 of the Federal Election Campaign Act 
     of 1971 (52 U.S.C. 30101) and which is not otherwise defined 
     in this subsection shall have the meaning given such term 
     under such section 301.
       (d) Clarification Regarding Use of Information Reported.--
     Information reported under subsection (j) or (k) of section 
     304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
     30104), as added by subsection (b), or under subsection 
     (c)(1), may not be used to enforce the provisions under 
     chapter 4 of title II of the Immigration and Nationality Act 
     (8 U.S.C. 1221 et seq.) relating to the removal of 
     undocumented aliens.
                                 ______
                                 
  SA 646. Mrs. SHAHEEN (for herself, Mr. Rounds, Mr. Casey, and Ms. 
Harris) submitted an amendment intended to be proposed by her to the 
bill S. 1790, to authorize appropriations for fiscal year 2020 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1226. EFFORTS TO ENSURE MEANINGFUL PARTICIPATION OF 
                   AFGHAN WOMEN IN PEACE NEGOTIATIONS IN 
                   AFGHANISTAN.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary of Defense, shall carry out activities to 
     ensure the meaningful participation of Afghan women in the 
     ongoing peace process in Afghanistan in a manner consistent 
     with the Women, Peace, and Security Act of 2017 (22 U.S.C. 
     2151 note; Public Law 115-68), which shall include--
       (1) continued United States Government advocacy for the 
     inclusion of Afghan women leaders in ongoing and future 
     negotiations to end the conflict in Afghanistan; and
       (2) support for the inclusion of constitutional protections 
     on women's and girls' human rights that ensure their freedom 
     of movement, rights to education and work, political 
     participation, and access to healthcare and justice in any 
     agreement reached through intra-Afghan negotiations, 
     including negotiations with the Taliban.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense, shall submit to 
     the appropriate committees of Congress a report describing 
     the steps taken to fulfill the duties of the Secretary of 
     State and the Secretary of Defense under subsection (a).
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 647. Mr. HEINRICH (for himself and Mr. Udall) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       In section 3203(b)(1)(A), strike ``sentence'' and all that 
     follows and insert the following: ``sentences: `A member may 
     be reappointed for a second term only if the member was 
     confirmed by the Senate more than two years into the member's 
     first term. A member may not be reappointed for a third 
     term.' ''.
                                 ______
                                 
  SA 648. Mr. PORTMAN (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 1234 and insert the following:

     SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY 
                   ASSISTANCE INITIATIVE.

       Section 1250 of the National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), as most 
     recently amended by section 1246 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232), is further amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``in coordination with the Secretary of 
     State'' and inserting ``with the concurrence of the Secretary 
     of State'';
       (2) in subsection (b)--
       (A) by amending paragraph (11) to read as follows:
       ``(11) Air defense and coastal defense radars, and systems 
     to support effective command and control and integration of 
     air defense and coastal defense capabilities.'';
       (B) by redesignating paragraphs (14) and (15) as paragraphs 
     (15) and (16), respectively;
       (C) by inserting after paragraph (13) the following new 
     paragraph (14):
       ``(14) Coastal defense and anti-ship missile systems.''; 
     and
       (D) in paragraph (15), as so redesignated, by striking 
     ``paragraphs (1) through (13)'' and inserting ``paragraphs 
     (1) through (14)'';
       (3) in subsection (c), by amending paragraph (5) to read as 
     follows:
       ``(5) Lethal assistance.--Of the funds available for fiscal 
     year 2020 pursuant to subsection (f)(5), $100,000,000 shall 
     be available only for lethal assistance described in 
     paragraphs (2), (3), (11), (12), and (14) of subsection 
     (b).'';
       (4) in subsection (f), by adding at the end the following 
     new paragraph:
       ``(5) For fiscal year 2020, $300,000,000.'';
       (5) in subsection (h), by striking ``December 31, 2021'' 
     and inserting ``December 31, 2022'';
       (6) by redesignating the second subsection (g) as 
     subsection (i); and
       (7) by adding at the end the following new subsection:
       ``(j) Report on Capability and Capacity Requirements.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the Secretary of 
     Defense, in coordination with the Secretary of State, shall 
     submit a report to the congressional defense committees on 
     the capability and capacity requirements of the military 
     forces of Ukraine.
       ``(2) Matters to be included.--The report under paragraph 
     (1) shall include the following:
       ``(A) An identification of the capability gaps and capacity 
     shortfalls of the military of Ukraine.
       ``(B) An assessment of the relative priority assigned by 
     the Government of Ukraine to addressing such capability gaps 
     and capacity shortfalls.
       ``(C) An assessment of the capability gaps and capacity 
     shortfalls that--
       ``(i) may be addressed in a timely and efficient manner by 
     unilateral efforts of the Government of Ukraine; and
       ``(ii) are unlikely to be sufficiently addressed solely 
     through unilateral efforts.
       ``(D) An assessment of the capability gaps and capacity 
     shortfalls that may be addressed by the Ukraine Security 
     Assistance Initiative in a timely and efficient manner.
       ``(E) A plan to provide the necessary resources for the 
     Ukraine Security Assistance Initiative in fiscal years 2020, 
     2021, and 2022 to meet the most critical capability gaps and 
     capacity shortfalls of the military forces of Ukraine.''.
                                 ______
                                 
  SA 649. Mr. WICKER (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike title XXXV and insert the following:

[[Page S3669]]

  


                  TITLE XXXV--MARITIME ADMINISTRATION

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Maritime Administration 
     Authorization and Enhancement Act of 2019''.

                  Subtitle A--Maritime Administration

     SEC. 3511. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

       (a) In General.--There are authorized to be appropriated to 
     the Department of Transportation for fiscal year 2020, to be 
     available without fiscal year limitation if so provided in 
     appropriations Acts, for programs associated with maintaining 
     the United States Merchant Marine, the following amounts:
       (1) For expenses necessary for operations of the United 
     States Merchant Marine Academy, $95,944,000, of which--
       (A) $77,944,000 shall remain available until September 30, 
     2021 for Academy operations; and
       (B) $18,000,000 shall remain available until expended for 
     capital asset management at the Academy.
       (2) For expenses necessary to support the State maritime 
     academies, $50,280,000, of which--
       (A) $2,400,000 shall remain available until September 30, 
     2021, for the Student Incentive Program;
       (B) $6,000,000 shall remain available until expended for 
     direct payments to such academies;
       (C) $30,080,000 shall remain available until expended for 
     maintenance and repair of State maritime academy training 
     vessels;
       (D) $3,800,000 shall remain available until expended for 
     training ship fuel assistance; and
       (E) $8,000,000 shall remain available until expended for 
     offsetting the costs of training ship sharing.
       (3) For expenses necessary to support the National Security 
     Multi-Mission Vessel Program, $600,000,000, which shall 
     remain available until expended.
       (4) For expenses necessary to support Maritime 
     Administration operations and programs, $60,442,000, of which 
     $5,000,000 shall remain available until expended for 
     activities authorized under section 50307 of title 46, United 
     States Code.
       (5) For expenses necessary to dispose of vessels in the 
     National Defense Reserve Fleet, $5,000,000, which shall 
     remain available until expended.
       (6) For expenses necessary to maintain and preserve a 
     United States flag Merchant Marine to serve the national 
     security needs of the United States under chapter 531 of 
     title 46, United States Code, $300,000,000, which shall 
     remain available until expended.
       (7) For expenses necessary for the loan guarantee program 
     authorized under chapter 537 of title 46, United States Code, 
     $33,000,000, of which--
       (A) $30,000,000 may be used for the cost (as defined in 
     section 502(5) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a(5)) of loan guarantees under the program, which 
     shall remain available until expended; and
       (B) $3,000,000 may be used for administrative expenses 
     relating to loan guarantee commitments under the program.
       (8) For expenses necessary to provide assistance to small 
     shipyards and for maritime training programs under section 
     54101 of title 46, United States Code, $40,000,000, which 
     shall remain available until expended.
       (9) For expenses necessary to implement the Port and 
     Intermodal Improvement Program, $600,000,000, except that no 
     funds shall be used for a grant award to purchase fully 
     automated cargo handling equipment that is remotely operated 
     or remotely monitored with or without the exercise of human 
     intervention or control, if the Secretary determines such 
     equipment would result in a net loss of jobs that relate to 
     the movement of goods through a port and its intermodal 
     connections.

     SEC. 3512. MARITIME SECURITY PROGRAM.

       (a) Award of Operating Agreements.--Section 53103 of title 
     46, United States Code, is amended by striking ``2025'' each 
     place it appears and inserting ``2035''.
       (b) Effectiveness of Operating Agreements.--Section 
     53104(a) of title 46, United States Code, is amended by 
     striking ``2025'' and inserting ``2035''.
       (c) Payments.--Section 53106(a)(1) of title 46, United 
     States Code, is amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (C), by striking ``$3,700,000 for each 
     of fiscal years 2022, 2023, 2024, and 2025.'' and inserting 
     ``$5,233,463 for each of fiscal years 2022, 2023, 2024, and 
     2025; and''; and
       (3) by adding at the end the following:
       ``(D) $5,233,463 for each of fiscal years 2026 through 
     2035.''.
       (d) Authorization of Appropriations.--Section 53111 of 
     title 46, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (3), by striking ``$222,000,000 for each 
     fiscal year thereafter through fiscal year 2025.'' and 
     inserting ``$314,007,780 for each of fiscal years 2022, 2023, 
     2024, and 2025; and''; and
       (3) by adding at the end the following:
       ``(4) $314,007,780 for each of fiscal years 2026 through 
     2035.''.

     SEC. 3513. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL 
                   REPORT.

       The Inspector General of the Department of Transportation 
     shall--
       (1) not later than 180 days after the date of enactment of 
     this title, initiate an audit of the Maritime 
     Administration's actions to address only those 
     recommendations from Chapter 3 and recommendations 5-1, 5-2, 
     5-3, 5-4, 5-5, and 5-6 identified by a National Academy of 
     Public Administration panel in the November 2017 report 
     entitled ``Maritime Administration: Defining its Mission, 
     Aligning its Programs, and Meeting its Objectives''; and
       (2) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing the results of that audit 
     once the audit is completed.

     SEC. 3514. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED 
                   PREPARATORY SCHOOL.

       Section 51303 of title 46, United State Code, is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(a) In General.--The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Appointment of Candidates Selected for Preparatory 
     School Sponsorship.--The Secretary of Transportation may 
     appoint each year as cadets at the United States Merchant 
     Marine Academy not more than 40 qualified individuals 
     sponsored by the Academy to attend preparatory school during 
     the academic year prior to entrance in the Academy, and who 
     have successfully met the terms and conditions of sponsorship 
     set by the Academy.''.

     SEC. 3515. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT 
                   MARINE ACADEMY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this title, the Secretary of Transportation 
     shall seek to enter into an agreement with the National 
     Academy of Public Administration (referred to in this section 
     as the ``Academy'') to carry out the activities described in 
     this section.
       (b) Study Elements.--In accordance with the agreement 
     described in subsection (a), the Academy shall conduct a 
     study of the United States Merchant Marine Academy that 
     consists of the following:
       (1) A comprehensive assessment of the United States 
     Merchant Marine Academy's systems, training, facilities, 
     infrastructure, information technology, and stakeholder 
     engagement.
       (2) Identification of needs and opportunities for 
     modernization to help the United States Merchant Marine 
     Academy keep pace with more modern campuses.
       (3) Development of an action plan for the United States 
     Merchant Marine Academy with specific recommendations for--
       (A) improvements or updates relating to the opportunities 
     described in paragraph (2); and
       (B) systemic changes needed to help the United States 
     Merchant Marine Academy achieve its mission of inspiring and 
     educating the next generation of the mariner workforce on a 
     long-term basis.
       (c) Deadline and Report.--Not later than 1 year after the 
     date of the agreement described in subsection (a), the 
     Academy shall prepare and submit to the Administrator of the 
     Maritime Administration a report containing the action plan 
     described in subsection (b)(3), including specific findings 
     and recommendations.

     SEC. 3516. GENERAL SUPPORT PROGRAM.

       Section 51501 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c) National Maritime Centers of Excellence.--The 
     Secretary shall designate each State maritime academy as a 
     National Maritime Center of Excellence.''.

     SEC. 3517. MILITARY TO MARINER.

       (a) Credentialing Support.--Not later than 1 year after the 
     date of enactment of this title, the Secretary of Defense, 
     the Secretary of the Department in which the Coast Guard 
     operates, the Secretary of Commerce, and the Secretary of 
     Health and Human Services, with respect to the applicable 
     services in their respective departments, and in coordination 
     with one another and with the United States Committee on the 
     Marine Transportation System, and in consultation with the 
     Merchant Marine Personnel Advisory Committee, shall, 
     consistent with applicable law, identify all training and 
     experience within the applicable service that may qualify for 
     merchant mariner credentialing, and submit a list of all 
     identified training and experience to the United States Coast 
     Guard National Maritime Center for a determination of whether 
     such training and experience counts for credentialing 
     purposes.
       (b) Review of Applicable Service.--The United States Coast 
     Guard Commandant shall make a determination of whether 
     training and experience counts for credentialing purposes, as 
     described in subsection (a), not later than 6 months after 
     the date on which the United States Coast Guard National 
     Maritime Center receives a submission under subsection (a) 
     identifying a training or experience and requesting such a 
     determination.
       (c) Fees and Services.--The Secretary of Defense, the 
     Secretary of the Department in which the Coast Guard 
     operates, and the Secretary of Commerce, with respect to the 
     applicable services in their respective departments, shall--
       (1) take all necessary and appropriate actions to provide 
     for the waiver of fees through the National Maritime Center 
     license evaluation, issuance, and examination

[[Page S3670]]

     for members of the uniformed services on active duty, if a 
     waiver is authorized and appropriate, and, if a waiver is not 
     granted, take all necessary and appropriate actions to 
     provide for the payment of fees for members of the uniformed 
     services on active duty by the applicable service to the 
     fullest extent permitted by law;
       (2) direct the applicable services to take all necessary 
     and appropriate actions to provide for Transportation Worker 
     Identification Credential cards for members of the uniformed 
     services on active duty pursuing or possessing a mariner 
     credential, such as implementation of an equal exchange 
     process for active duty service members at no or minimal 
     cost;
       (3) ensure that members of the applicable services who are 
     to be discharged or released from active duty and who request 
     certification or verification of sea service be provided such 
     certification or verification no later than one month after 
     discharge or release;
       (4) ensure the applicable services have developed, or 
     continue to operate, as appropriate, the online resource 
     known as Credentialing Opportunities On-Line to support 
     separating members of the uniformed services who are seeking 
     information and assistance on merchant mariner credentialing; 
     and
       (5) not later than 1 year after the date of enactment of 
     this section, take all necessary and appropriate actions to 
     review and implement service-related medical certifications 
     to merchant mariner credential requirements.
       (d) Advancing Military to Mariner Within the Employer 
     Agencies.--
       (1) In general.--The Secretary of Defense, the Secretary of 
     the Department in which the Coast Guard operates, and the 
     Secretary of Commerce shall have direct hiring authority to 
     employ separated members of the uniformed services with valid 
     merchant mariner licenses or sea service experience in 
     support of United States national maritime needs, including 
     the Army Corps of Engineers, U.S. Customs and Border 
     Protection, and the National Oceanic and Atmospheric 
     Administration.
       (2) Appointments of retired members of the armed forces.--
     Except in the case of positions in the Senior Executive 
     Service, the requirements of section 3326(b) of title 5, 
     United States Code, shall not apply with respect to the 
     hiring of a separated member of the uniformed services under 
     paragraph (1).
       (e) Separated Member of the Uniformed Services.--In this 
     section, the term ``separated member of the uniformed 
     services'' means an individual who--
       (1) is retiring or is retired as a member of the uniformed 
     services;
       (2) is voluntarily separating or voluntarily separated from 
     the uniformed services at the end of enlistment or service 
     obligation; or
       (3) is administratively separating or has administratively 
     separated from the uniformed services with an honorable or 
     general discharge characterization.

     SEC. 3518. SALVAGE RECOVERIES OF FEDERALLY OWNED CARGOES.

       Section 57100 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(h) Funds Transfer Authority Related to the Use of 
     National Defense Reserve Fleet Vessels and the Provision of 
     Maritime-related Services.--
       ``(1) In general.--When the Secretary of Transportation 
     provides for the use of its vessels or maritime-related 
     services and goods under a reimbursable agreement with a 
     Federal entity, or State or local entity, authorized to 
     receive goods and services from the Maritime Administration 
     for programs, projects, activities, and expenses related to 
     the National Defense Reserve Fleet or maritime-related 
     services:
       ``(A) Federal entities are authorized to transfer funds to 
     the Secretary in advance of expenditure or upon providing the 
     goods or services ordered, as determined by the Secretary.
       ``(B) The Secretary shall determine all other terms and 
     conditions under which such payments should be made and 
     provide such goods and services using its existing or new 
     contracts, including general agency agreements, memoranda of 
     understanding, or similar agreements.
       ``(2)  Reimbursable agreement with a federal entity.--
       ``(A) In general.--The Maritime Administration is 
     authorized to provide maritime-related services and goods 
     under a reimbursable agreement with a Federal entity.
       ``(B) Maritime-related services defined.--For the purposes 
     of this subsection, maritime-related services includes the 
     acquisition, procurement, operation, maintenance, 
     preservation, sale, lease, charter, construction, 
     reconstruction, or reconditioning (including outfitting and 
     equipping incidental to construction, reconstruction, or 
     reconditioning) of a merchant vessel or shipyard, ship site, 
     terminal, pier, dock, warehouse, or other installation 
     related to the maritime operations of a Federal entity.
       ``(3) Salvaging cargoes.--
       ``(A) In general.--The Maritime Administration may provide 
     services and purchase goods relating to the salvaging of 
     cargoes aboard vessels in the custody or control of the 
     Maritime Administration or its predecessor agencies and 
     receive and retain reimbursement from Federal entities for 
     all such costs as it may incur.
       ``(B) Reimbursement.--Reimbursement as provided for in 
     subparagraph (A) may come from--
       ``(i) the proceeds recovered from such salvage; or
       ``(ii) the Federal entity for which the Maritime 
     Administration has or will provide such goods and services, 
     depending on the agreement of the parties involved.
       ``(4) Amounts received.--Amounts received as reimbursements 
     under this subsection shall be credited to the fund or 
     account that was used to cover the costs incurred by the 
     Secretary or, if the period of availability of obligations 
     for that appropriation has expired, to the appropriation of 
     funds that is currently available to the Secretary for 
     substantially the same purpose. Amounts so credited shall be 
     merged with amounts in such fund or account and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such fund or 
     account.
       ``(5) Advance payments.--Payments made in advance shall be 
     for any part of the estimated cost as determined by the 
     Secretary of Transportation. Adjustments to the amounts paid 
     in advance shall be made as agreed to by the Secretary of 
     Transportation and the head of the ordering agency or unit 
     based on the actual cost of goods or services provided.
       ``(6) Bill or request for payment.--A bill submitted or a 
     request for payment is not subject to audit or certification 
     in advance of payment.''.

     SEC. 3519. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF 
                   VESSELS AND CARGOES.

       Section 53909 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(e) Salvage Agreements.--The Secretary of Transportation 
     is authorized to enter into marine salvage agreements for the 
     recoveries, sale, and disposal of sunken or damaged vessels, 
     cargoes, or properties owned or insured by or on behalf of 
     the Maritime Administration, the United States Shipping 
     Board, the U.S. Shipping Bureau, the United States Maritime 
     Commission, or the War Shipping Administration.
       ``(f) Military Craft.--The Secretary of Transportation 
     shall consult with the Secretary of the military department 
     concerned prior to engaging in or authorizing any activity 
     under subsection (e) that will disturb sunken military craft, 
     as defined in title XIV of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 113 
     note).
       ``(g) Recoveries.--Notwithstanding other provisions of law, 
     the net proceeds from salvage agreements entered into as 
     authorized in subsection (e) shall remain available until 
     expended and be distributed as follows for marine insurance-
     related salvages:
       ``(1) Fifty percent of the net funds recovered shall be 
     deposited in the war risk revolving fund and shall be 
     available for the purposes of the war risk revolving fund.
       ``(2) Fifty percent of the net funds recovered shall be 
     deposited in the Vessel Operations Revolving Fund as 
     established by section 50301(a) of this title and shall be 
     available until expended as follows:
       ``(A) Fifty percent shall be available to the Administrator 
     of the Maritime Administration for such acquisition, 
     maintenance, repair, reconditioning, or improvement of 
     vessels in the National Defense Reserve Fleet as is 
     authorized under other Federal law.
       ``(B) Twenty-five percent shall be available to the 
     Administrator of the Maritime Administration for the payment 
     or reimbursement of expenses incurred by or on behalf of 
     State maritime academies or the United States Merchant Marine 
     Academy for facility and training ship maintenance, repair, 
     and modernization, and for the purchase of simulators and 
     fuel.
       ``(C) The remainder shall be distributed for maritime 
     heritage preservation to the Department of the Interior for 
     grants as authorized by section 308703 of title 54.''.

     SEC. 3520. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.

       (a) Short Title.--This section may be cited as the ``Ports 
     Improvement Act''.
       (b) Port and Intermodal Improvement Program.--Section 50302 
     of title 46, United States Code, is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Port and Intermodal Improvement Program.--
       ``(1) General authority.--Subject to the availability of 
     appropriations, the Secretary of Transportation shall make 
     grants, on a competitive basis, to eligible applicants to 
     assist in funding eligible projects for the purpose of 
     improving the safety, efficiency, or reliability of the 
     movement of goods through ports and intermodal connections to 
     ports.
       ``(2) Eligible applicant.--The Secretary may make a grant 
     under this subsection to the following:
       ``(A) A State.
       ``(B) A political subdivision of a State, or a local 
     government.
       ``(C) A public agency or publicly chartered authority 
     established by 1 or more States.
       ``(D) A special purpose district with a transportation 
     function.
       ``(E) An Indian Tribe (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304), without regard to capitalization), or a 
     consortium of Indian Tribes.
       ``(F) A multistate or multijurisdictional group of entities 
     described in this paragraph.
       ``(G) A lead entity described in subparagraph (A), (B), 
     (C), (D), (E), or (F) jointly with a private entity or group 
     of private entities.

[[Page S3671]]

       ``(3) Eligible projects.--The Secretary may make a grant 
     under this subsection--
       ``(A) for a project, or package of projects, that--
       ``(i) is either--

       ``(I) within the boundary of a port; or
       ``(II) outside the boundary of a port, but is directly 
     related to port operations or to an intermodal connection to 
     a port; and

       ``(ii) will be used to improve the safety, efficiency, or 
     reliability of--

       ``(I) the loading and unloading of goods at the port, such 
     as for marine terminal equipment;
       ``(II) the movement of goods into, out of, around, or 
     within a port, such as for highway or rail infrastructure, 
     intermodal facilities, freight intelligent transportation 
     systems, and digital infrastructure systems; or
       ``(III) environmental mitigation measures and operational 
     improvements directly related to enhancing the efficiency of 
     ports and intermodal connections to ports; or

       ``(B) notwithstanding paragraph (6)(A)(v), to provide 
     financial assistance to 1 or more projects under subparagraph 
     (A) for development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, permitting, and preliminary engineering and design 
     work.
       ``(4) Prohibited uses.--A grant award under this subsection 
     may not be used--
       ``(A) to finance or refinance the construction, 
     reconstruction, reconditioning, or purchase of a vessel that 
     is eligible for such assistance under chapter 537, unless the 
     Secretary determines such vessel--
       ``(i) is necessary for a project described in paragraph 
     (3)(A)(ii)(III) of this subsection; and
       ``(ii) is not receiving assistance under chapter 537; or
       ``(B) for any project within a small shipyard (as defined 
     in section 54101).
       ``(5) Applications and process.--
       ``(A) Applications.--To be eligible for a grant under this 
     subsection, an eligible applicant shall submit to the 
     Secretary an application in such form, at such time, and 
     containing such information as the Secretary considers 
     appropriate.
       ``(B) Solicitation process.--Not later than 60 days after 
     the date that amounts are made available for grants under 
     this subsection for a fiscal year, the Secretary shall 
     solicit grant applications for eligible projects in 
     accordance with this subsection.
       ``(6) Project selection criteria.--
       ``(A) In general.--The Secretary may select a project 
     described in paragraph (3) for funding under this subsection 
     if the Secretary determines that--
       ``(i) the project improves the safety, efficiency, or 
     reliability of the movement of goods through a port or 
     intermodal connection to a port;
       ``(ii) the project is cost effective;
       ``(iii) the eligible applicant has authority to carry out 
     the project;
       ``(iv) the eligible applicant has sufficient funding 
     available to meet the matching requirements under paragraph 
     (8);
       ``(v) the project will be completed without unreasonable 
     delay; and
       ``(vi) the project cannot be easily and efficiently 
     completed without Federal funding or financial assistance 
     available to the project sponsor.
       ``(B) Additional considerations.--In selecting projects 
     described in paragraph (3) for funding under this subsection, 
     the Secretary shall give substantial weight to--
       ``(i) the utilization of non-Federal contributions;
       ``(ii) the net benefits of the funds awarded under this 
     subsection, considering the cost-benefit analysis of the 
     project, as applicable; and
       ``(iii) the public benefits of the funds awarded under this 
     subsection.
       ``(C) Small projects.--The Secretary may waive the cost-
     benefit analysis under subparagraph (A)(ii), and establish a 
     simplified, alternative basis for determining whether a 
     project is cost effective, for a small project described in 
     paragraph (7)(B).
       ``(7) Allocation of funds.--
       ``(A) Geographic distribution.--Not more than 25 percent of 
     the amounts made available for grants under this subsection 
     for a fiscal year may be used to make grants for projects in 
     any 1 State.
       ``(B) Small projects.--The Secretary shall reserve 25 
     percent of the amounts made available for grants under this 
     subsection each fiscal year to make grants for eligible 
     projects described in paragraph (3)(A) that request the 
     lesser of--
       ``(i) 10 percent of the amounts made available for grants 
     under this subsection for a fiscal year; or
       ``(ii) $11,000,000.
       ``(C) Development phase activities.--Not more than 10 
     percent of the amounts made available for grants under this 
     subsection for a fiscal year may be used to make grants for 
     development phase activities under paragraph (3)(B).
       ``(8) Federal share of total project costs.--
       ``(A) Total project costs.--To be eligible for a grant 
     under this subsection, an eligible applicant shall submit to 
     the Secretary an estimate of the total costs of a project 
     under this subsection based on the best available 
     information, including any available engineering studies, 
     studies of economic feasibility, environmental analyses, and 
     information on the expected use of equipment or facilities.
       ``(B) Federal share.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Federal share of the total costs of a project under this 
     subsection shall not exceed 80 percent.
       ``(ii) Rural areas.--The Secretary may increase the Federal 
     share of costs above 80 percent for a project located in a 
     rural area.
       ``(9) Procedural safeguards.--The Secretary shall issue 
     guidelines to establish appropriate accounting, reporting, 
     and review procedures to ensure that--
       ``(A) grant funds are used for the purposes for which those 
     funds were made available;
       ``(B) each grantee properly accounts for all expenditures 
     of grant funds; and
       ``(C) grant funds not used for such purposes and amounts 
     not obligated or expended are returned.
       ``(10) Conditions.--
       ``(A) In general.--The Secretary shall require as a 
     condition of making a grant under this subsection that a 
     grantee--
       ``(i) maintain such records as the Secretary considers 
     necessary;
       ``(ii) make the records described in clause (i) available 
     for review and audit by the Secretary; and
       ``(iii) periodically report to the Secretary such 
     information as the Secretary considers necessary to assess 
     progress.
       ``(B) Labor.--The Federal wage rate requirements of 
     subchapter IV of chapter 31 of title 40 shall apply, in the 
     same manner as such requirements apply to contracts subject 
     to such subchapter, to--
       ``(i) each project for which a grant is provided under this 
     subsection; and
       ``(ii) all portions of a project described in clause (i), 
     regardless of whether such a portion is funded using--

       ``(I) other Federal funds; or
       ``(II) non-Federal funds.

       ``(11) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to affect existing 
     authorities to conduct port infrastructure programs in--
       ``(A) Hawaii, as authorized by section 9008 of the SAFETEA-
     LU Act (Public Law 109-59; 119 Stat. 1926);
       ``(B) Alaska, as authorized by section 10205 of the 
     SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or
       ``(C) Guam, as authorized by section 3512 of the Duncan 
     Hunter National Defense Authorization Act for Fiscal Year 
     2009 (48 U.S.C. 1421r).
       ``(12) Administration.--
       ``(A) Administrative and oversight costs.--The Secretary 
     may retain not more than 2 percent of the amounts 
     appropriated for each fiscal year under this subsection for 
     the administrative and oversight costs incurred by the 
     Secretary to carry out this subsection.
       ``(B) Availability.--
       ``(i) In general.--Amounts appropriated for carrying out 
     this subsection shall remain available until expended.
       ``(ii) Unexpended funds.--Amounts awarded as a grant under 
     this subsection that are not expended by the grantee during 
     the 5-year period following the date of the award shall 
     remain available to the Secretary for use for grants under 
     this subsection in a subsequent fiscal year.
       ``(13) Definitions.--In this subsection:
       ``(A) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(i) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(ii) the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       ``(B) Port.--The term `port' includes--
       ``(i) a seaport; and
       ``(ii) an inland waterways port.
       ``(C) Project.--The term `project' includes construction, 
     reconstruction, environmental rehabilitation, acquisition of 
     property, including land related to the project and 
     improvements to the land, equipment acquisition, and 
     operational improvements.
       ``(D) Rural area.--The term `rural area' means an area that 
     is outside an urbanized area.
       ``(d) Additional Authority of the Secretary.--In carrying 
     out this section, the Secretary may--
       ``(1) receive funds from a Federal or non-Federal entity 
     that has a specific agreement with the Secretary to further 
     the purposes of this section;
       ``(2) coordinate with other Federal agencies to expedite 
     the process established under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the 
     improvement of port facilities to improve the efficiency of 
     the transportation system, to increase port security, or to 
     provide greater access to port facilities;
       ``(3) seek to coordinate all reviews or requirements with 
     appropriate Federal, State, and local agencies; and
       ``(4) in addition to any financial assistance provided 
     under subsection (c), provide such technical assistance to 
     port authorities or commissions or their subdivisions and 
     agents as needed for project planning, design, and 
     construction.''.
       (c) Savings Clause.--A repeal made by subsection (b) of 
     this section shall not affect amounts apportioned or 
     allocated before the effective date of the repeal. Such 
     apportioned or allocated funds shall continue to be subject 
     to the requirements to which the funds were subject under 
     section 50302(c) of title 46, United States Code, as in 
     effect on the day before the date of enactment of this title.

[[Page S3672]]

  


     SEC. 3521. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this title, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     port facilities used for military purposes at ports 
     designated by the Department of Defense as strategic 
     seaports.
       (b) Elements.--The report required by subsection (a) shall 
     include, with respect to port facilities included in the 
     report, the following:
       (1) An assessment whether there are structural integrity or 
     other deficiencies in such facilities.
       (2) If there are such deficiencies--
       (A) an assessment of infrastructure improvements to such 
     facilities that would be needed to meet, directly or 
     indirectly, national security and readiness requirements;
       (B) an assessment of the impact on operational readiness of 
     the Armed Forces if such improvements are not undertaken; and
       (C) an identification of, to the maximum extent practical, 
     all potential funding sources for such improvements from 
     existing authorities.
       (3) An identification of the support that would be 
     appropriate for the Department of Defense to provide in the 
     execution of the Secretary of Transportation's 
     responsibilities under section 50302 of title 46, United 
     States Code, with respect to such facilities.
       (4) If additional statutory or administrative authorities 
     would be required for the provision of support as described 
     in paragraph (3), recommendations for legislative or 
     administrative action to establish such authorities.
       (c) Consultation.--The Secretary of Defense shall prepare 
     the report required by subsection (a) in consultation with 
     the Maritime Administrator and the individual responsible for 
     each port facility described in such subsection.

     SEC. 3522. MARITIME TECHNICAL ASSISTANCE PROGRAM.

       Section 50307 of title 46, United States Code, is amended--
       (1) in subsection (a), by striking ``The Secretary of 
     Transportation may engage in the environmental study'' and 
     inserting ``The Maritime Administrator, on behalf of the 
     Secretary of Transportation, shall engage in the study'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``may'' and inserting ``shall''; and
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``that are likely to achieve environmental improvements by'' 
     and inserting ``to improve'';
       (ii) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively;
       (iii) by inserting before clause (i), the following:
       ``(A) environmental performance to meet United States 
     Federal and international standards and guidelines, 
     including--''; and
       (iv) in clause (iii), as redesignated by clause (ii), by 
     striking ``species; and'' and all that follows through the 
     end of the subsection and inserting ``species; or
       ``(iv) reducing propeller cavitation; and
       ``(B) the efficiency and safety of domestic maritime 
     industries; and
       ``(2) coordinate with the Environmental Protection Agency, 
     the Coast Guard, and other Federal, State, local, or tribal 
     agencies, as appropriate.''.
       (3) in subsection (c)(2), by striking ``benefits'' and 
     inserting ``or other benefits to domestic maritime 
     industries''; and
       (4) by adding at the end the following:
       ``(e) Limitations on the Use of Funds.--. Not more than 3 
     percent of funds appropriated to carry out this program may 
     be used for administrative purposes.''.

     SEC. 3523. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.

       Section 54101(d) of title 46, United States Code, is 
     amended--
       (1) by striking ``Grants awarded'' and inserting the 
     following:
       ``(1) In general.--Grants awarded''; and
       (2) by adding at the end the following:
       ``(2) Buy america.--
       ``(A) In general.--Subject to subparagraph (B), no funds 
     may be obligated by the Administrator of the Maritime 
     Administration under this section, unless each product and 
     material purchased with those funds (including products and 
     materials purchased by a grantee), and including any 
     commercially available off-the-shelf item, is--
       ``(i) an unmanufactured article, material, or supply that 
     has been mined or produced in the United States; or
       ``(ii) a manufactured article, material, or supply that has 
     been manufactured in the United States substantially all from 
     articles, materials, or supplies mined, produced, or 
     manufactured in the United States.
       ``(B) Exceptions.--
       ``(i) In general.--Notwithstanding subparagraph (A), the 
     requirements of that subparagraph shall not apply with 
     respect to a particular product or material if the 
     Administrator determines--

       ``(I) that the application of those requirements would be 
     inconsistent with the public interest;
       ``(II) that such product or material is not available in 
     the United States in sufficient and reasonably available 
     quantities, of a satisfactory quality, or on a timely basis; 
     or
       ``(III) that inclusion of a domestic product or material 
     will increase the cost of that product or material by more 
     than 25 percent, with respect to a certain contract between a 
     grantee and that grantee's supplier.

       ``(ii) Federal register.--A determination made by the 
     Administrator under this subparagraph shall be published in 
     the Federal Register.
       ``(C) Definitions.--ln this paragraph:
       ``(i) The term `commercially available off-the-shelf item' 
     means--

       ``(I) any item of supply (including construction material) 
     that is--

       ``(aa) a commercial item, as defined by section 2.101 of 
     title 48, Code of Federal Regulations (as in effect on the 
     date of enactment of the Maritime Administration 
     Authorization and Enhancement Act of 2019); and
       ``(bb) sold in substantial quantities in the commercial 
     marketplace; and

       ``(II) does not include bulk cargo, as defined in section 
     40102(4) of this title, such as agricultural products and 
     petroleum products.

       ``(ii) The term `product or material' means an article, 
     material, or supply brought to the site by the recipient for 
     incorporation into the building, work, or project. The term 
     also includes an item brought to the site preassembled from 
     articles, materials, or supplies. However, emergency life 
     safety systems, such as emergency lighting, fire alarm, and 
     audio evacuation systems, that are discrete systems 
     incorporated into a public building or work and that are 
     produced as complete systems, are evaluated as a single and 
     distinct construction material regardless of when or how the 
     individual parts or components of those systems are delivered 
     to the construction site.
       ``(iii) The term `United States' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Northern 
     Mariana Islands, Guam, American Samoa, and the Virgin 
     Islands.''.

     SEC. 3524. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC PARTNERSHIP 
                   PROGRAM.

       (a) Additional Means of Achievement of Goals of Program 
     Through Oceanographic Efforts.--Section 8931(b)(2)(A) of 
     title 10, United States Code, is amended--
       (1) by inserting ``, creating,'' after ``identifying''; and
       (2) by inserting ``science,'' after ``areas of''.
       (b) National Ocean Research Leadership Council 
     Membership.--Section 8932 of title 10, United States Code, is 
     amended--
       (1) by redesignating subsections (f) through (h) as 
     subsections (g) through (i), respectively;
       (2) in subsection (b)--
       (A) by striking paragraph (10);
       (B) by redesignating paragraphs (11) through (14) as 
     paragraphs (12) through (15), respectively; and
       (C) by inserting after paragraph (9) the following new 
     paragraphs:
       ``(10) The Director of the Bureau of Ocean Energy 
     Management of the Department of the Interior.
       ``(11) The Director of the Bureau of Safety and 
     Environmental Enforcement of the Department of the 
     Interior.'';
       (3) in subsection (d)--
       (A) in paragraph (2)--
       (i) in subparagraph (B), by striking ``broad participation 
     within the oceanographic community'' and inserting 
     ``appropriate participation within the oceanographic 
     community, which may include public, academic, commercial, 
     and private participation or support''; and
       (ii) in subparagraph (E), by striking ``peer''; and
       (B) in paragraph (3), by striking subparagraph (D) and 
     inserting the following:
       ``(D) Preexisting facilities, such as regional data centers 
     operated by the Integrated Ocean Observing System, and 
     expertise.'';
       (4) in subsection (e)--
       (A) in the subsection heading by striking ``Report'' and 
     inserting ``Briefing'';
       (B) in the matter preceding paragraph (1), by striking ``to 
     Congress a report'' and inserting ``to the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Armed Services of the Senate, the Committee on 
     Energy and Natural Resources of the Senate, the Committee on 
     Natural Resources of the House of Representatives, and the 
     Committee on Armed Services of the House of Representatives a 
     briefing'';
       (C) by striking ``report'' and inserting ``briefing'' each 
     place the term appears;
       (D) by striking paragraph (4) and inserting the following:
       ``(4) A description of the involvement of Federal agencies 
     and non-Federal contributors participating in the program.''; 
     and
       (E) in paragraph (5), by striking ``and the estimated 
     expenditures under such programs, projects, and activities 
     during such following fiscal year'' and inserting ``and the 
     estimated expenditures under such programs, projects, and 
     activities of the program during such following fiscal 
     year'';
       (5) by inserting after subsection (e) the following:
       ``(f) Report.--Not later than March 1 of each year, the 
     Council shall publish on a publically available website a 
     report summarizing the briefing described in subsection 
     (e).'';
       (6) in subsection (g), as redesignated by paragraph (1)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) The Secretary of the Navy shall establish an office 
     to support the National Oceanographic Partnership Program. 
     The Council shall use competitive procedures in selecting

[[Page S3673]]

     an operator for the partnership program office.''; and
       (B) in paragraph (2)(B), by inserting ``, where 
     appropriate,'' before ``managing''; and
       (7) by amending subsection (h), as redesignated by 
     paragraph (1), to read as follows:
       ``(h) Contract and Grant Authority.--
       ``(1) In general.--To carry out the purposes of the 
     National Oceanographic Partnership Program, the Council shall 
     have, in addition to other powers otherwise given it under 
     this chapter, the following authorities:
       ``(A) To authorize one or more of the departments or 
     agencies represented on the Council to enter into contracts 
     and make grants or cooperative agreements, and establish and 
     manage new collaborative programs as considered appropriate, 
     to address emerging science priorities using both donated and 
     appropriated funds.
       ``(B) To authorize the program office under subsection (g), 
     on behalf of and subject to the direction and approval of the 
     Council, to accept funds, including fines and penalties, from 
     other Federal and State departments and agencies.
       ``(C) To authorize the program office, on behalf of and 
     subject to the direction and approval of the Council, to 
     award grants and enter into contracts for purposes of the 
     National Oceanographic Partnership Program.
       ``(D) To transfer funds to other Federal and State 
     departments and agencies in furtherance of the purposes of 
     the National Oceanographic Partnership Program.
       ``(E) To authorize one or more of the departments or 
     agencies represented on the Council to enter into contracts 
     and make grants, for the purpose of implementing the National 
     Oceanographic Partnership Program and carrying out the 
     responsibilities of the Council.
       ``(F) To use, with the consent of the head of the agency or 
     entity concerned, on a non-reimbursable basis, the land, 
     services, equipment, personnel, facilities, advice, and 
     information provided by a Federal agency or entity, State, 
     local government, Tribal government, territory, or 
     possession, or any subdivisions thereof, or the District of 
     Columbia as may be helpful in the performance of the duties 
     of the Council.
       ``(2) Funds transferred.--Funds identified for direct 
     support of National Oceanographic Partnership Program grants 
     are authorized for transfer between agencies and are exempt 
     from section 1535 of title 31, United States Code (commonly 
     known as the ``Economy Act of 1932'').''.
       (c) Ocean Research Advisory Panel.--Section 8933(a)(4) of 
     title 10, United States Code, is amended by striking ``State 
     governments'' and inserting ``State and Tribal governments''.

     SEC. 3525. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN 
                   PROGRAM.

       (a) Definitions.--Section 53701 of title 46, United States 
     Code, is amended--
       (1) by striking paragraph (5);
       (2) by redesignating paragraphs (6) through (15) as 
     paragraphs (5) through (14), respectively; and
       (3) by adding at the end the following:
       ``(15) Vessel of national interest.--The term `Vessel of 
     National Interest' means a vessel deemed to be of national 
     interest that meets characteristics determined by the 
     Administrator, in consultation with the Secretary of Defense, 
     the Secretary of the Department in which the Coast Guard 
     Operates, or the heads of other Federal agencies, as 
     described in section 53703(d).''.
       (b) Preferred Lender.--Section 53702(a) of title 46, United 
     States Code, is amended by adding at the end the following:
       ``(2) Preferred eligible lender.--The Federal Financing 
     Bank shall be the preferred eligible lender of the principal 
     and interest of the guaranteed obligations issued under this 
     chapter.''.
       (c) Application and Administration.--Section 53703 of title 
     46, United States Code, is amended--
       (1) in the section heading, by striking ``procedures'' and 
     inserting ``and administration'';
       (2) by adding at the end the following:
       ``(c) Independent Analysis.--
       ``(1) In general.--To assess and mitigate the risks due to 
     factors associated with markets, technology, financial, or 
     legal structures related to an application or guarantee under 
     this chapter, the Secretary or Administrator may utilize 
     third party experts, including legal counsel, to--
       ``(A) process and review applications under this chapter, 
     including conducting independent analysis and review of 
     aspects of an application;
       ``(B) represent the Secretary or Administrator in 
     structuring and documenting the obligation guarantee;
       ``(C) analyze and review aspects of, structure, and 
     document the obligation guarantee during the term of the 
     guarantee;
       ``(D) recommend financial covenants or financial ratios to 
     be met by the applicant during the time a guarantee under 
     this chapter is outstanding that are--
       ``(i) based on the financial covenants or financial ratios, 
     if any, that are then applicable to the obligor under private 
     sector credit agreements; and
       ``(ii) in lieu of other financial covenants applicable to 
     the obligor under this chapter with respect to requirements 
     regarding long-term debt-to-equity, minimum working capital, 
     or minimum amount of equity; and
       ``(E) represent the Secretary or Administrator to protect 
     the security interests of the Government relating to an 
     obligation guarantee.
       ``(2) Private sector expert.--Independent analysis, review, 
     and representation conducted under this subsection shall be 
     performed by a private sector expert in the applicable field 
     who is selected by the Secretary or Administrator.
       ``(d) Vessels of National Interest.--
       ``(1) Notice of funding.--The Secretary or Administrator 
     may post a notice in the Federal Register regarding the 
     availability of funding for obligation guarantees under this 
     chapter for the construction, reconstruction, or 
     reconditioning of a Vessel of National Interest and include a 
     timeline for the submission of applications for such vessels.
       ``(2) Vessel characteristics.--
       ``(A) In general.--The Secretary or Administrator, in 
     consultation with the Secretary of Defense, the Secretary of 
     the Department in which the Coast Guard Operates, or the 
     heads of other Federal agencies, shall develop and publish a 
     list of vessel types that would be considered Vessels of 
     National Interest.
       ``(B) Review.--Such list shall be reviewed and revised 
     every 4 years or as necessary, as determined by the 
     Administrator.''.
       (d) Funding Limits.--Section 53704 of title 46, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``that amount'' and all the follows through 
     ``$850,000,000'' and inserting ``that amount, $850,000,000''; 
     and
       (B) by striking ``facilities'' and all that follows through 
     the end of the subsection and inserting ``facilities.''; and
       (2) in subsection (c)(4)--
       (A) by striking subparagraph (A); and
       (B) by redesignating subparagraphs (B) through (K), as 
     subparagraphs (A) through (J), respectively.
       (e) Eligible Purposes of Obligations.--Section 53706 of 
     title 46, United States Code, is amended--
       (1) in subsection (a)(1)(A)--
       (A) in the matter preceding clause (i), by striking 
     ``(including an eligible export vessel);''
       (B) in clause (iv) by adding ``or'' after the semicolon;
       (C) in clause (v), by striking ``; or'' and inserting a 
     period; and
       (D) by striking clause (vi); and
       (2) in subsection (c)(1)--
       (A) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (B)(ii), by striking the period at the 
     end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) after applying subparagraphs (A) and (B), Vessels of 
     National Interest.''.
       (f) Amount of Obligations.--Section 53709(b) of title 46, 
     United States Code, is amended--
       (1) by striking paragraphs (3) and (6); and
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively.
       (g) Contents of Obligations.--Section 53710 of title 46, 
     United States Code, is amended--
       (1) in subsection (a)(4)--
       (A) in subparagraph (A)--
       (i) by striking ``or, in the case of'' and all that follows 
     through ``party''; and
       (ii) by striking ``and'' after the semicolon; and
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) documented under the laws of the United States for 
     the term of the guarantee of the obligation or until the 
     obligation is paid in full, whichever is sooner.''; and
       (2) in subsection (c)--
       (A) in the subsection heading, by inserting ``and Provide 
     for the Financial Stability of the Obligor'' after 
     ``Interests'';
       (B) by striking ``provisions for the protection of'' and 
     inserting ``provisions, which shall include--
       ``(1) provisions for the protection of'';
       (C) by striking ``, and other matters that the Secretary or 
     Administrator may prescribe.'' and inserting, ``; and''; and
       (D) by adding at the end the following:
       ``(2) any other provisions that the Secretary or 
     Administrator may prescribe.''.
       (h) Administrative Fees.--Section 53713 of title 46, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in the matter preceding   paragraph (1), by striking 
     ``reasonable for--'' and inserting `` reasonable for 
     processing the application and monitoring the loan guarantee, 
     including for--'';
       (B) in paragraph (4), by striking ``; and'' and inserting 
     ``or a deposit fund under section 53716 of this title;'';
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) monitoring and providing services related to the 
     obligor's compliance with any terms related to the 
     obligations, the guarantee, or maintenance of the Secretary 
     or Administrator's security interests under this chapter.''; 
     and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``under section 53708(d) 
     of this title'' and inserting ``under section 53703(c) of 
     this title'';
       (B) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (C) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (D) by adding at the end the following:
       ``(2) Fee limitation inapplicable.--Fees collected under 
     this subsection are not subject to the limitation of 
     subsection (b).''.

[[Page S3674]]

       (i) Best Practices; Eligible Export Vessels.--Chapter 537 
     of title 46, United States Code, is further amended--
       (1) in subchapter I, by adding at the end the following new 
     section:

     ``Sec. 53719. Best practices

       ``The Secretary or Administrator shall ensure that all 
     standard documents and agreements that relate to loan 
     guarantees made pursuant to this chapter are reviewed and 
     updated every four years to ensure that such documents and 
     agreements meet the current commercial best practices to the 
     extent permitted by law.''; and
       (2) in subchapter III, by striking section 53732.
       (j) Express Consideration of Low-risk Applications.--Not 
     later than 180 days after the date of enactment of this 
     title, the Administrator of the Maritime Administration 
     shall, in consultation with affected stakeholders, create a 
     process for express processing of low-risk maritime 
     guaranteed loan applications under chapter 537 of title 46, 
     United States Code, based on Federal and industry best 
     practices, including proposals to better assist applicants to 
     submit complete applications within 6 months of the initial 
     application.
       (k) Congressional Notification.--
       (1) Notification.--Not less than 60 days before 
     reorganizing or consolidating the activities or personnel 
     covered under chapter 537 of title 46, United States Code, 
     the Secretary of Transportation shall notify, in writing, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives of the proposed 
     reorganization or consolidation.
       (2) Contents.--Each notification under paragraph (1) shall 
     include an evaluation of, and justification for, the 
     reorganization or consolidation.
       (l) Clerical Amendments.--
       (1) The table of sections at the beginning of chapter 537 
     of title 46, United States Code, is amended by inserting 
     after the item relating to section 53718 the following new 
     item:

``53719. Best practices.''.
       (2) The table of sections at the beginning of chapter 537 
     of title 46, United States Code, is further amended by 
     striking the item relating to section 53732.

     SEC. 3526. TECHNICAL CORRECTIONS.

       (a) Office of Personnel Management Guidance.--Not later 
     than 120 days after the date of enactment of this title, the 
     Director of the Office of Personnel Management, in 
     consultation with the Administrator of the Maritime 
     Administration, shall identify key skills and competencies 
     necessary to maintain a balance of expertise in merchant 
     marine seagoing service and strategic sealift military 
     service in each of the following positions within the Office 
     of the Commandant:
       (1) Commandant.
       (2) Deputy Commandant.
       (3) Tactical company officers.
       (4) Regimental officers.
       (b) Sea Year Compliance.--Section 3514(a)(1)(A) of the 
     National Defense Authorization Act for Fiscal Year 2017 
     (Public Law 114-328; 46 U.S.C. 51318 note) is amended by 
     inserting ``domestic and international'' after ``criteria 
     that''.

     SEC. 3527. UNITED STATES MERCHANT MARINE ACADEMY'S SEXUAL 
                   ASSAULT PREVENTION AND RESPONSE PROGRAM.

       (a) Implementation of Recommendations.--The Secretary of 
     Transportation shall ensure that, not later than 180 days 
     after the date of enactment of this title, the 
     recommendations in the Inspector General of the Department of 
     Transportation's report on the effectiveness of the United 
     States Merchant Marine Academy's Sexual Assault Prevention 
     and Response program (mandated under section 3512 of the 
     National Defense Authorization Act for Fiscal Year 2017 
     (Public Law 114-328; 130 Stat. 2786)), are fully implemented.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this title, the Secretary of Transportation 
     shall submit a report to Congress--
       (1) confirming that the recommendations described in 
     subsection (a) have been fully implemented, and explaining 
     how those recommendations have been implemented; or
       (2) if such recommendations have not been fully implemented 
     as of the date of the report, including an explanation of why 
     such recommendations have not been fully implemented and a 
     description of the resources that are needed to fully 
     implement such recommendations.

     SEC. 3528. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY 
                   INFRASTRUCTURE.

       (a) In General.--The Secretary of Transportation, in 
     consultation with the Secretary of Energy, the Secretary of 
     the Interior, and the heads of other relevant agencies as 
     appropriate, shall prepare and submit a report on the need 
     for vessels to install, operate, and maintain emerging 
     offshore energy infrastructure, including offshore wind 
     energy.
       (b) Contents.--Such report shall include--
       (1) an inventory of vessels (including existing vessels and 
     vessels that have the potential to be refurbished) to 
     install, operate, and maintain such emerging offshore energy 
     infrastructure;
       (2) a projection of existing vessels needed to meet such 
     emerging offshore energy needs over the next 10 years; and
       (3) policy recommendations to ensure the vessel capacity to 
     support such emerging offshore energy.
       (c) Transmittal.--Not later than 6 months after the date of 
     enactment of this title, the Secretary of Transportation 
     shall submit such report to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Energy and Natural Resources of the Senate, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.

                     Subtitle B--Maritime SAFE Act

     SEC. 3531. SHORT TITLES.

       (a) Short Titles.--This subtitle may be cited as the 
     ``Maritime Security and Fisheries Enforcement Act'' or the 
     ``Maritime SAFE Act''.

     SEC. 3532. DEFINITIONS.

       In this subtitle:
       (1) AIS.--The term ``AIS'' means Automatic Identification 
     System (as defined in section 164.46 of title 33, Code of 
     Federal Regulations, or a similar successor regulation).
       (2) Combined maritime forces.--The term ``Combined Maritime 
     Forces'' means the 33-nation naval partnership, originally 
     established in February 2002, which promotes security, 
     stability, and prosperity across approximately 3,200,000 
     square miles of international waters.
       (3) Exclusive economic zone.--
       (A) In general.--Unless otherwise specified by the 
     President as being in the public interest in a writing 
     published in the Federal Register, the term ``exclusive 
     economic zone'' means--
       (i) the area within a zone established by a maritime 
     boundary that has been established by a treaty in force or a 
     treaty that is being provisionally applied by the United 
     States; or
       (ii) in the absence of a treaty described in clause (i)--

       (I) a zone, the outer boundary of which is 200 nautical 
     miles from the baseline from which the breadth of the 
     territorial sea is measured; or
       (II) if the distance between the United States and another 
     country is less than 400 nautical miles, a zone, the outer 
     boundary of which is represented by a line equidistant 
     between the United States and the other country.

       (B) Inner boundary.--Without affecting any Presidential 
     Proclamation with regard to the establishment of the United 
     States territorial sea or exclusive economic zone, the inner 
     boundary of the exclusive economic zone is--
       (i) in the case of coastal States, a line coterminous with 
     the seaward boundary of each such State (as described in 
     section 4 of the Submerged Lands Act (43 U.S.C. 1312));
       (ii) in the case of the Commonwealth of Puerto Rico, a line 
     that is 3 marine leagues from the coastline of the 
     Commonwealth of Puerto Rico;
       (iii) in the case of American Samoa, the United States 
     Virgin Islands, Guam, and the Northern Mariana Islands, a 
     line that is 3 geographic miles from the coastlines of 
     American Samoa, the United States Virgin Islands, Guam, or 
     the Northern Mariana Islands, respectively; or
       (iv) for any possession of the United States not referred 
     to in clause (ii) or (iii), the coastline of such possession.
       (C) Rule of construction.--Nothing in this paragraph may be 
     construed to diminish the authority of the Department of 
     Defense, the Department of the Interior, or any other Federal 
     department or agency.
       (4) Food security.--The term ``food security'' means access 
     to, and availability, utilization, and stability of, 
     sufficient food to meet caloric and nutritional needs for an 
     active and healthy life.
       (5) Global record of fishing vessels, refrigerated 
     transport vessels, and supply vessels.--The term ``global 
     record of fishing vessels, refrigerated transport vessels, 
     and supply vessels'' means the Food and Agriculture 
     Organization of the United Nations' initiative to rapidly 
     make available certified data from state authorities about 
     vessels and vessel related activities.
       (6) IUU fishing.--The term ``IUU fishing'' means illegal 
     fishing, unreported fishing, or unregulated fishing (as such 
     terms are defined in paragraph 3 of the International Plan of 
     Action to Prevent, Deter, and Eliminate Illegal, Unreported 
     and Unregulated Fishing, adopted at the 24th Session of the 
     Committee on Fisheries in Rome on March 2, 2001).
       (7) Port state measures agreement.--The term ``Port State 
     Measures Agreement'' means the Agreement on Port State 
     Measures to Prevent, Deter, and Eliminate Illegal, 
     Unreported, and Unregulated Fishing set forth by the Food and 
     Agriculture Organization of the United Nations, done at Rome, 
     Italy November 22, 2009, and entered into force June 5, 2016, 
     which offers standards for reporting and inspecting fishing 
     activities of foreign-flagged fishing vessels at port.
       (8) Priority flag state.--The term ``priority flag state'' 
     means a country selected in accordance with section 
     3552(b)(3)--
       (A) whereby the flagged vessels of which actively engage 
     in, knowingly profit from, or are complicit in IUU fishing; 
     and
       (B) that is willing, but lacks the capacity, to monitor or 
     take effective enforcement action against its fleet.
       (9) Priority region.--The term ``priority region'' means a 
     region selected in accordance with section 3552(b)(2)--
       (A) that is at high risk for IUU fishing activity or the 
     entry of illegally caught seafood into the markets of 
     countries in the region; and

[[Page S3675]]

       (B) in which countries lack the capacity to fully address 
     the illegal activity described in subparagraph (A).
       (10) Regional fisheries management organization.--The term 
     ``Regional Fisheries Management Organization'' means an 
     intergovernmental fisheries organization or arrangement, as 
     appropriate, that has the competence to establish 
     conservation and management measures.
       (11) Seafood.--The term ``seafood''--
       (A) means marine finfish, mollusks, crustaceans, and all 
     other forms of marine animal and plant life, including those 
     grown, produced, or reared through marine aquaculture 
     operations or techniques; and
       (B) does not include marine mammals, turtles, or birds.
       (12) Transnational organized illegal activity.--The term 
     ``transnational organized illegal activity'' means criminal 
     activity conducted by self-perpetuating associations of 
     individuals who operate transnationally for the purpose of 
     obtaining power, influence, or monetary or commercial gains, 
     wholly or in part by illegal means, while protecting their 
     activities through a pattern of corruption or violence or 
     through a transnational organizational structure and the 
     exploitation of transnational commerce or communication 
     mechanisms.
       (13) Transshipment.--The term ``transshipment'' means the 
     use of refrigerated vessels that--
       (A) collect catch from multiple fishing boats;
       (B) carry the accumulated catches back to port; and
       (C) deliver supplies to fishing boats, which allows fishing 
     vessels to remain at sea for extended periods without coming 
     into port.

     SEC. 3533. PURPOSES.

       The purposes of this subtitle are--
       (1) to support a whole-of-government approach across the 
     Federal Government to counter IUU fishing and related threats 
     to maritime security;
       (2) to improve data sharing that enhances surveillance, 
     enforcement, and prosecution against IUU fishing and related 
     activities at a global level;
       (3) to support coordination and collaboration to counter 
     IUU fishing within priority regions;
       (4) to increase and improve global transparency and 
     traceability across the seafood supply chain as--
       (A) a deterrent to IUU fishing; and
       (B) a tool for strengthening fisheries management and food 
     security;
       (5) to improve global enforcement operations against IUU 
     fishing through a whole-of-government approach by the United 
     States; and
       (6) to prevent the use of IUU fishing as a financing source 
     for transnational organized groups that undermine United 
     States and global security interests.

     SEC. 3534. STATEMENT OF POLICY.

       It is the policy of the United States_
       (1) to take action to curtail the global trade in seafood 
     and seafood products derived from IUU fishing, including its 
     links to forced labor and transnational organized illegal 
     activity;
       (2) to develop holistic diplomatic, military, law 
     enforcement, economic, and capacity-building tools to counter 
     IUU fishing;
       (3) to provide technical assistance to countries in 
     priority regions and priority flag states to combat IUU 
     fishing, including assistance--
       (A) to increase local, national, and regional level 
     capacities to counter IUU fishing through the engagement of 
     law enforcement and security forces;
       (B) to enhance port capacity and security, including by 
     supporting other countries in working toward the adoption and 
     implementation of the Port State Measures Agreement;
       (C) to combat corruption and increase transparency and 
     traceability in fisheries management and trade;
       (D) to enhance information sharing within and across 
     governments and multilateral organizations through the 
     development and use of agreed standards for information 
     sharing; and
       (E) to support effective, science-based fisheries 
     management regimes that promote legal and safe fisheries and 
     act as a deterrent to IUU fishing;
       (4) to promote global maritime security through improved 
     capacity and technological assistance to support improved 
     maritime domain awareness;
       (5) to engage with priority flag states to encourage the 
     use of high quality vessel tracking technologies where 
     existing enforcement tools are lacking;
       (6) to engage with multilateral organizations working on 
     fisheries issues, including Regional Fisheries Management 
     Organizations and the Food and Agriculture Organization of 
     the United Nations, to combat and deter IUU fishing;
       (7) to advance information sharing across governments and 
     multilateral organizations in areas that cross multiple 
     jurisdictions, through the development and use of an agreed 
     standard for information sharing;
       (8) to continue to use existing and future trade agreements 
     to combat IUU fishing;
       (9) to employ appropriate assets and resources of the 
     United States Government in a coordinated manner to disrupt 
     the illicit networks involved in IUU fishing;
       (10) to continue to declassify and make available, as 
     appropriate and practicable, technologies developed by the 
     United States Government that can be used to help counter IUU 
     fishing;
       (11) to recognize the ties of IUU fishing to transnational 
     organized illegal activity, including human trafficking and 
     illegal trade in narcotics and arms, and as applicable, to 
     focus on illicit activity in a coordinated, cross-cutting 
     manner;
       (12) to recognize and respond to poor working conditions, 
     labor abuses, and other violent crimes in the fishing 
     industry;
       (13) to increase and improve global transparency and 
     traceability along the seafood supply chain as--
       (A) a deterrent to IUU fishing; and
       (B) an approach for strengthening fisheries management and 
     food security; and
       (14) to promote technological investment and innovation to 
     combat IUU fishing.

 PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY

     SEC. 3541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.

       The Secretary of State, in conjunction with the Secretary 
     of Commerce, shall coordinate with Regional Fisheries 
     Management Organizations and the Food and Agriculture 
     Organization of the United Nations, and may coordinate with 
     other relevant international governmental or nongovernmental 
     organizations, or the private sector, as appropriate, to 
     enhance regional responses to IUU fishing and related 
     transnational organized illegal activities.

     SEC. 3542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED 
                   STATES.

       Not later than 1 year after the date of the enactment of 
     this title, each chief of mission (as defined in section 102 
     of the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a 
     relevant country in a priority region or to a priority flag 
     state may, if the Secretary of State determines such action 
     is appropriate--
       (1) convene a working group, led by Department of State 
     officials, to examine IUU fishing, which may include 
     stakeholders such as--
       (A) United States officials from relevant agencies 
     participating in the interagency Working Group identified in 
     section 3551, foreign officials, nongovernmental 
     organizations, the private sector, and representatives of 
     local fishermen in the region; and
       (B) experts on IUU fishing, law enforcement, criminal 
     justice, transnational organized illegal activity, defense, 
     intelligence, vessel movement monitoring, and international 
     development operating in or with knowledge of the region; and
       (2) designate a counter-IUU Fishing Coordinator from among 
     existing personnel at the mission if the chief of mission 
     determines such action is appropriate.

     SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW 
                   ENFORCEMENT WITHIN PRIORITY REGIONS AND 
                   PRIORITY FLAG STATES.

       (a) In General.--The Secretary of State, in collaboration 
     with the Secretary of Commerce and the Commandant of the 
     Coast Guard when the Coast Guard is operating in, or as a 
     component of, the Department of Homeland Security, shall 
     provide assistance, as appropriate, in accordance with this 
     section.
       (b) Law Enforcement Training and Coordination Activities.--
     The officials referred to in subsection (a) shall evaluate 
     opportunities to provide assistance, as appropriate, to 
     countries in priority regions and priority flag states to 
     improve the effectiveness of IUU fishing enforcement, with 
     clear and measurable targets and indicators of success, 
     including--
       (1) by assessing and using existing resources, enforcement 
     tools, and legal authorities to coordinate efforts to combat 
     IUU fishing with efforts to combat other illegal trade, 
     including weapons, drugs, and human trafficking;
       (2) by expanding existing IUU fishing enforcement training;
       (3) by providing targeted, country- and region-specific 
     training on combating IUU fishing, including in those 
     countries that have not adopted the Port State Measures 
     Agreement;
       (4) by supporting increased effectiveness and transparency 
     of the fisheries enforcement sectors of the governments of 
     such countries; and
       (5) by supporting increased outreach to stakeholders in the 
     affected communities as key partners in combating and 
     prosecuting IUU fishing.
       (c) Port Security Assistance.--The officials referred to in 
     subsection (a) shall evaluate opportunities to provide 
     assistance, as appropriate, to countries in priority regions 
     and priority flag states to help those states implement 
     programs related to port security and capacity for the 
     purposes of preventing IUU fishing products from entering the 
     global seafood market, including by supporting other 
     countries in working toward the adoption and implementation 
     of the Port State Measures Agreement.
       (d) Capacity Building for Investigations and 
     Prosecutions.--The officials referred to in subsection (a), 
     in collaboration with the governments of countries in 
     priority regions and of priority flag states, shall evaluate 
     opportunities to assist those countries in designing and 
     implementing programs in such countries, as appropriate, to 
     increase the capacity of IUU fishing enforcement and customs 
     and border security officers to improve their ability--
       (1) to conduct effective investigations, including using 
     law enforcement techniques such as undercover investigations 
     and the

[[Page S3676]]

     development of informer networks and actionable intelligence;
       (2) to conduct vessel boardings and inspections at sea and 
     associated enforcement actions;
       (3) to exercise existing shiprider agreements and to enter 
     into and implement new shiprider agreements, as appropriate, 
     including in those countries that have not adopted the Port 
     State Measures Agreement;
       (4) to conduct vessel inspections at port and associated 
     enforcement actions;
       (5) to assess technology needs and promote the use of 
     technology to improve monitoring, enforcement, and 
     prosecution of IUU fishing;
       (6) to conduct DNA-based and forensic identification of 
     seafood used in trade;
       (7) to conduct training on techniques, such as collecting 
     electronic evidence and using computer forensics, for law 
     enforcement personnel involved in complex investigations 
     related to international matters, financial issues, and 
     government corruption that include IUU fishing;
       (8) to assess financial flows and the use of financial 
     institutions to launder profits related to IUU fishing;
       (9) to conduct training on the legal mechanisms that can be 
     used to prosecute those identified in the investigations as 
     alleged perpetrators of IUU fishing and other associated 
     crimes such as trafficking and forced labor; and
       (10) to conduct training to raise awareness of the use of 
     whistleblower information and ways to incentivize 
     whistleblowers to come forward with original information 
     related to IUU fishing.
       (e) Capacity Building for Information Sharing.--The 
     officials referred to in subsection (a) shall evaluate 
     opportunities to provide assistance, as appropriate, to key 
     countries in priority regions and priority flag states in the 
     form of training, equipment, and systems development to build 
     capacity for information sharing related to maritime 
     enforcement and port security.
       (f) Coordination With Other Relevant Agencies.--The 
     Secretary of State, in collaboration with the Commandant of 
     the Coast Guard when the Coast Guard is operating in, or as a 
     component of, the Department of Homeland Security, and the 
     Secretary of Commerce, shall coordinate with other relevant 
     agencies, as appropriate, in accordance with this section.

     SEC. 3544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU 
                   FISHING.

       The Secretary of State, the Administrator of the United 
     States Agency for International Development, the Commandant 
     of the Coast Guard when the Coast Guard is operating in, or 
     as a component of, the Department of Homeland Security, the 
     Secretary of Defense, the Secretary of Commerce, the Attorney 
     General, and the heads of other appropriate Federal agencies 
     shall assess opportunities to combat IUU fishing by 
     expanding, as appropriate, the use of the following 
     mechanisms:
       (1) Including counter-IUU fishing in existing shiprider 
     agreements in which the United States is a party.
       (2) Entering into shiprider agreements that include 
     counter-IUU fishing with priority flag states and countries 
     in priority regions with which the United States does not 
     already have such an agreement.
       (3) Including counter-IUU fishing as part of the mission of 
     the Combined Maritime Forces.
       (4) Including counter-IUU fishing exercises in the annual 
     at-sea exercises conducted by the Department of Defense, in 
     coordination with the United States Coast Guard.
       (5) Creating partnerships similar to the Oceania Maritime 
     Security Initiative and the Africa Maritime Law Enforcement 
     Partnership in other priority regions.

     SEC. 3545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY 
                   PROGRAMS.

       The Secretary of State, the Administrator of the United 
     States Agency for International Development, the Commandant 
     of the Coast Guard when the Coast Guard is operating in, or 
     as a component of, the Department of Homeland Security, the 
     Secretary of Commerce, and the heads of other Federal 
     agencies, if merited, shall work, as appropriate, with 
     priority flag states and key countries in priority regions--
       (1) to increase knowledge within such countries about the 
     United States transparency and traceability standards for 
     imports of seafood and seafood products;
       (2) to improve the capacity of seafood industries within 
     such countries through information sharing and training to 
     meet the requirements of transparency and traceability 
     standards for seafood and seafood product imports, including 
     catch documentation and trade tracking programs adopted by 
     relevant regional fisheries management organizations;
       (3) to improve the capacities of government, industry, and 
     civil society groups to develop and implement comprehensive 
     traceability systems that--
       (A) deter IUU fishing;
       (B) strengthen fisheries management; and
       (C) enhance maritime domain awareness; and
       (4) to support the implementation of seafood traceability 
     standards in such countries to prevent IUU fishing products 
     from entering the global seafood market and assess capacity 
     and training needs in those countries.

     SEC. 3546. TECHNOLOGY PROGRAMS.

       The Secretary of State, the Administrator of the United 
     States Agency for International Development, the Commandant 
     of the Coast Guard when the Coast Guard is operating in, or 
     as a component of, the Department of Homeland Security, the 
     Secretary of Defense, the Secretary of Commerce, and the 
     heads of other Federal agencies, as appropriate, shall pursue 
     programs to expand the role of technology for combating IUU 
     fishing, including by--
       (1) promoting the use of technology to combat IUU fishing;
       (2) assessing the technology needs, including vessel 
     tracking technologies and data sharing, in priority regions 
     and priority flag states;
       (3) engaging with priority flag states to encourage the 
     mandated use of vessel tracking technologies, including 
     vessel monitoring systems, AIS, or other vessel movement 
     monitoring technologies on fishing vessels and transshipment 
     vessels at all times, as appropriate, while at sea as a means 
     to identify IUU fishing activities and the shipment of 
     illegally caught fish products; and
       (4) building partnerships with the private sector, 
     including universities, nonprofit research organizations, the 
     seafood industry, and the technology, transportation and 
     logistics sectors, to leverage new and existing technologies 
     and data analytics to address IUU fishing.

     SEC. 3547. SAVINGS CLAUSE.

       No provision of section 3532 or of this part shall impose, 
     or be interpreted to impose, any duty, responsibility, 
     requirement, or obligation on the Department of Defense, the 
     Department of the Navy, or any official or component of 
     either.

   PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING

     SEC. 3551. INTERAGENCY WORKING GROUP ON IUU FISHING.

       (a) In General.--There is established a collaborative 
     interagency working group on maritime security and IUU 
     fishing (referred to in this subtitle as the ``Working 
     Group'').
       (b) Members.--The members of the Working Group shall be 
     composed of--
       (1) 1 chair, who shall rotate between the Coast Guard, the 
     Department of State, and the National Oceanographic and 
     Atmospheric Administration on a 3-year term;
       (2) 2 deputy chairs, who shall be appointed by their 
     respective agency heads and shall be from a different 
     Department than that of the chair, from--
       (A) the Coast Guard;
       (B) the Department of State; and
       (C) the National Oceanic and Atmospheric Administration;
       (3) 11 members, who shall be appointed by their respective 
     agency heads, from--
       (A) the Department of Defense;
       (B) the United States Navy;
       (C) the United States Agency for International Development;
       (D) the United States Fish and Wildlife Service;
       (E) the Department of Justice;
       (F) the Department of the Treasury;
       (G) U.S. Customs and Border Protection;
       (H) U.S. Immigration and Customs Enforcement;
       (I) the Federal Trade Commission;
       (J) the Department of Agriculture;
       (K) the Food and Drug Administration; and
       (L) the Department of Labor;
       (4) 5 members, who shall be appointed by the President, 
     from--
       (A) the National Security Council;
       (B) the Council on Environmental Quality;
       (C) the Office of Management and Budget;
       (D) the Office of Science and Technology Policy; and
       (E) the Office of the United States Trade Representative.
       (c) Responsibilities.--The Working Group shall ensure an 
     integrated, Federal Government-wide response to IUU fishing 
     globally, including by--
       (1) improving the coordination of Federal agencies to 
     identify, interdict, investigate, prosecute, and dismantle 
     IUU fishing operations and organizations perpetrating and 
     knowingly benefitting from IUU fishing;
       (2) assessing areas for increased interagency information 
     sharing on matters related to IUU fishing and related crimes;
       (3) establishing standards for information sharing related 
     to maritime enforcement;
       (4) developing a strategy to determine how military assets 
     and intelligence can contribute to enforcement strategies to 
     combat IUU fishing;
       (5) increasing maritime domain awareness relating to IUU 
     fishing and related crimes and developing a strategy to 
     leverage awareness for enhanced enforcement and prosecution 
     actions against IUU fishing;
       (6) supporting the adoption and implementation of the Port 
     State Measures Agreement in relevant countries and assessing 
     the capacity and training needs in such countries;
       (7) outlining a strategy to coordinate, increase, and use 
     shiprider agreements between the Department of Defense or the 
     Coast Guard and relevant countries;
       (8) enhancing cooperation with partner governments to 
     combat IUU fishing;
       (9) identifying opportunities for increased information 
     sharing between Federal agencies and partner governments 
     working to combat IUU fishing;
       (10) consulting and coordinating with the seafood industry 
     and nongovernmental stakeholders that work to combat IUU 
     fishing;
       (11) supporting the work of collaborative international 
     initiatives to make available certified data from state 
     authorities about

[[Page S3677]]

     vessel and vessel-related activities related to IUU fishing;
       (12) supporting the identification and certification 
     procedures to address IUU fishing in accordance with the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826d et seq.); and
       (13) publishing annual reports summarizing nonsensitive 
     information about the Working Group's efforts to investigate, 
     enforce, and prosecute groups and individuals engaging in IUU 
     fishing.

     SEC. 3552. STRATEGIC PLAN.

       (a) Strategic Plan.--Not later than 2 years after the date 
     of the enactment of this title, the Working Group, after 
     consultation with the relevant stakeholders, shall submit to 
     Congress a 5-year integrated strategic plan on combating IUU 
     fishing and enhancing maritime security, including specific 
     strategies with monitoring benchmarks for addressing IUU 
     fishing in priority regions.
       (b) Identification of Priority Regions and Priority Flag 
     States.--
       (1) In general.--The strategic plan submitted under 
     subsection (a) shall identify priority regions and priority 
     flag states to be the focus of assistance coordinated by the 
     Working Group under section 3551.
       (2) Priority region selection criteria.--In selecting 
     priority regions under paragraph (1), the Working Group shall 
     select regions that--
       (A) are at high risk for IUU fishing activity or the entry 
     of illegally caught seafood into their markets; and
       (B) lack the capacity to fully address the issues described 
     in subparagraph (A).
       (3) Priority flag states selection criteria.--In selecting 
     priority flag states under paragraph (1), the Working Group 
     shall select countries--
       (A) the flagged vessels of which actively engage in, 
     knowingly profit from, or are complicit in IUU fishing; and
       (B) that lack the capacity to police their fleet.

     SEC. 3553. REPORTS.

       Not later than 5 years after the submission of the 5-year 
     integrated strategic plan under section 3552, and 5 years 
     after, the Working Group shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Foreign Relations of the Senate, the 
     Committee on Appropriations of the Senate, the Committee on 
     the Judiciary of the Senate, the Select Committee on 
     Intelligence of the Senate, the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate, the Committee on 
     Natural Resources of the House of Representatives, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Appropriations of the House of 
     Representatives that contains--
       (1) a summary of global and regional trends in IUU fishing;
       (2) an assessment of the extent of the convergence between 
     transnational organized illegal activity, including human 
     trafficking and forced labor, and IUU fishing;
       (3) an assessment of the topics, data sources, and 
     strategies that would benefit from increased information 
     sharing and recommendations regarding harmonization of data 
     collection and sharing;
       (4) an assessment of assets, including military assets and 
     intelligence, which can be used for either enforcement 
     operations or strategies to combat IUU fishing;
       (5) summaries of the situational threats with respect to 
     IUU fishing in priority regions and an assessment of the 
     capacity of countries within such regions to respond to those 
     threats;
       (6) an assessment of the progress of countries in priority 
     regions in responding to those threats as a result of 
     assistance by the United States pursuant to the strategic 
     plan developed under section 3552, including--
       (A) the identification of--
       (i) relevant supply routes, ports of call, methods of 
     landing and entering illegally caught product into legal 
     supply chains, and financial institutions used in each 
     country by participants engaging in IUU fishing; and
       (ii) indicators of IUU fishing that are related to money 
     laundering;
       (B) an assessment of the adherence to, or progress toward 
     adoption of, international treaties related to IUU fishing, 
     including the Port State Measures Agreement, by countries in 
     priority regions;
       (C) an assessment of the implementation by countries in 
     priority regions of seafood traceability or capacity to apply 
     traceability to verify the legality of catch and strengthen 
     fisheries management;
       (D) an assessment of the capacity of countries in priority 
     regions to implement shiprider agreements;
       (E) an assessment of the capacity of countries in priority 
     regions to increase maritime domain awareness; and
       (F) an assessment of the capacity of governments of 
     relevant countries in priority regions to sustain the 
     programs for which the United States has provided assistance 
     under this subtitle;
       (7) an assessment of the capacity of priority flag states 
     to track the movement of and police their fleet, prevent 
     their flagged vessels from engaging in IUU fishing, and 
     enforce applicable laws and regulations; and
       (8) an assessment of the extent of involvement in IUU 
     fishing of organizations designated as foreign terrorist 
     organizations under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189).

     SEC. 3554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this title, the Administrator of the 
     National Oceanic and Atmospheric Administration, in 
     coordination with the Coast Guard and the Department of 
     State, shall establish a subworking group to address IUU 
     fishing in the exclusive economic zone of the United States 
     in the Gulf of Mexico.
       (b) Functions.--The subworking group established under 
     subsection (a) shall identify--
       (1) Federal actions taken and policies established during 
     the 5-year period immediately preceding the date of the 
     enactment of this title with respect to IUU fishing in the 
     exclusive economic zone of the United States in the Gulf of 
     Mexico, including such actions and policies related to--
       (A) the surveillance, interdiction, and prosecution of any 
     foreign nationals engaged in such fishing; and
       (B) the application of the provisions of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d 
     et seq.) to any relevant nation, including the status of any 
     past or ongoing consultations and certification procedures;
       (2) actions and policies, in addition to the actions and 
     policies described in paragraph (1), each of the Federal 
     agencies described in subsection (a) can take, using existing 
     resources, to combat IUU fishing in the exclusive economic 
     zone of the United States in the Gulf of Mexico; and
       (3) any additional authorities that could assist each such 
     agency in more effectively addressing such IUU fishing.
       (c) Report.--Not later than 1 year after the IUU Fishing 
     Subworking Group is established under subsection (a), the 
     group shall submit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Natural Resources of the House of Representatives that 
     contains--
       (1) the findings identified pursuant to subsection (b); and
       (2) a timeline for each of the Federal agencies described 
     in subsection (a) to implement each action or policy 
     identified pursuant to subsection (b)(2).

 PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING 
                   AND PROCESSING OF SEAFOOD PRODUCTS

     SEC. 3561. FINDING.

       Congress finds that human trafficking is a pervasive 
     problem in the catching and processing of certain seafood 
     products imported into the United States, particularly 
     seafood products obtained through illegal, unreported, and 
     unregulated fishing.

     SEC. 3562. ADDING THE SECRETARY OF COMMERCE TO THE 
                   INTERAGENCY TASK FORCE TO MONITOR AND COMBAT 
                   TRAFFICKING.

       Section 105(b) of the Victims of Trafficking and Violence 
     Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by 
     inserting ``the Secretary of Commerce,'' after ``the 
     Secretary of Education,''.

     SEC. 3563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN 
                   REPORT.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this title, the Administrator of the 
     National Oceanic and Atmospheric Administration shall submit 
     a report to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Appropriations of 
     the Senate, the Committee on Natural Resources of the House 
     of Representatives, the Committee on Foreign Affairs of the 
     House of Representatives, and the Committee on Appropriations 
     of the House of Representatives that describes the existence 
     of human trafficking in the supply chains of seafood products 
     imported into the United States.
       (b) Report Elements.--The report required under subsection 
     (a) shall include--
       (1) a list of the countries at risk for human trafficking 
     in their seafood catching and processing industries, and an 
     assessment of such risk for each listed country;
       (2) a description of the quantity and economic value of 
     seafood products imported into the United States from the 
     countries on the list compiled pursuant to paragraph (1);
       (3) a description and assessment of the methods, if any, in 
     the countries on the list compiled pursuant to paragraph (1) 
     to trace and account for the manner in which seafood is 
     caught;
       (4) a description of domestic and international enforcement 
     mechanisms to deter illegal practices in the catching of 
     seafood in the countries on the list compiled pursuant to 
     paragraph (1); and
       (5) such recommendations as the Administrator and the 
     Commissioner jointly consider appropriate for legislative or 
     administrative action to enhance and improve actions against 
     human trafficking in the catching and processing of seafood 
     products outside of United States waters.

                PART IV--AUTHORIZATION OF APPROPRIATIONS

     SEC. 3571. AUTHORIZATION OF APPROPRIATIONS.

       (a) Funding.--Amounts made available to carry out this 
     subtitle shall be derived from amounts appropriated or 
     otherwise made available to the relevant agencies and 
     departments.
       (b) No Increase in Contributions.--Nothing in this subtitle 
     shall be construed to authorize an increase in required or 
     voluntary contributions paid by the United States to

[[Page S3678]]

     any multilateral or international organization.

     SEC. 3572. ACCOUNTING OF FUNDS.

       By not later than 180 days after the date of enactment of 
     this title, the head of each Federal agency receiving or 
     allocating funds to carry out activities under this subtitle 
     shall, to the greatest extent practicable, prepare and submit 
     to Congress a report that provides an accounting of all funds 
     made available under this subtitle to the Federal agency.
                                 ______
                                 
  SA 650. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 12 __. REPORT ON MILITARY ACTIVITIES OF THE RUSSIAN 
                   FEDERATION AND THE PEOPLE'S REPUBLIC OF CHINA 
                   IN THE ARCTIC REGION.

       (a) In General.--Not later than 180 days after enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of State and the Director of National Intelligence, 
     shall submit to appropriate committees of Congress the 
     following:
       (1) A report on the military activities of the Russian 
     Federation in the Arctic region.
       (2) A report on the military activities or the People's 
     Republic of China in the Arctic region.
       (b) Matters to Be Included.--The reports under subsection 
     (a) shall include, with respect to the Russian Federation or 
     the Peoples Republic of China, as applicable, the following:
       (1) A description of military activities of such country in 
     the Arctic region, including--
       (A) the emplacement of military infrastructure, equipment, 
     or forces; and
       (B) any exercises or other military activities
       (C) activities that are non-military in nature but are 
     judged to have military implications.
       (2) An assessment of--
       (A) the intentions of such activities:
       (B) the extent to which such activities affect or threaten 
     the interests of the United States and allies in the Arctic 
     region: and
       (C) any response to such activities by the United States or 
     allies.
       (3) A description of future plans and requirements with 
     respect to such activities.
       (c) Form.--Each report under subsection (a) shall be 
     submitted in classified form, but may include an unclassified 
     executive summary.
       (d) Appropriate committees of Congress defined.--ln this 
     section the term ``appropriate committees of Congress means--
       (1) the congressional defense committees:
       (2) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate:
       (3) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 651. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1045. REPEAL OF SUNSET OF LIMITATION ON MINIMUM ANNUAL 
                   PURCHASE AMOUNT FOR CHARTER CARRIERS 
                   PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.

       Section 9515 of title 10, United States Code, is amended by 
     striking subsection (k).
                                 ______
                                 
  SA 652. Mr. BARRASSO (for himself, Mr. Whitehouse, Mrs. Capito, Mr. 
Carper, Mr. Cramer, Ms. Smith, Mr. Rounds, Mr. Coons, Mr. Hoeven, and 
Mr. Manchin) submitted an amendment intended to be proposed by him to 
the bill S. 1790, to authorize appropriations for fiscal year 2020 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE 
                   TECHNOLOGIES.

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

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

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

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

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

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

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

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

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

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

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

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

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

       ``(III) Term; vacancies.--

       ``(aa) Term.--A member of the Board shall serve for a term 
     of 6 years.

[[Page S3679]]

       ``(bb) Vacancies.--A vacancy on the Board--
       ``(AA) shall not affect the powers of the Board; and
       ``(BB) shall be filled in the same manner as the original 
     appointment was made.

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

       ``(iv) Intellectual property.--

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

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

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

       ``(v) Authorization of appropriations.--

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

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

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

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

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

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

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

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

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

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

       ``(I) a comprehensive identification of potential risks and 
     benefits to project developers associated with increased 
     storage of carbon dioxide captured from stationary sources in 
     deep saline formations, using existing research;
       ``(II) recommendations, if any, for managing the potential 
     risks identified under subclause (I), including potential 
     risks unique to public land; and
       ``(III) recommendations, if any, for Federal legislation or 
     other policy changes to mitigate any potential risks 
     identified under subclause (I).

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

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

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

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

       ``(F) GAO report.--The Comptroller General of the United 
     States shall submit to Congress a report that--
       ``(i) identifies all Federal grant programs in which a 
     purpose of a grant under the program is to perform research 
     on carbon capture and utilization technologies, including 
     direct air capture technologies; and
       ``(ii) examines the extent to which the Federal grant 
     programs identified pursuant to clause (i) overlap or are 
     duplicative.''.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall submit to Congress a report 
     describing how funds appropriated to the Administrator during 
     the 5 most recent fiscal years have been used to carry out 
     section 103 of the Clean Air Act (42 U.S.C. 7403), including 
     a description of--
       (1) the amount of funds used to carry out specific 
     provisions of that section; and
       (2) the practices used by the Administrator to 
     differentiate funding used to carry out that section, as 
     compared to funding used to carry out other provisions of 
     law.
       (d) Inclusion of Carbon Capture Infrastructure Projects.--
     Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is 
     amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by inserting 
     ``carbon capture,'' after ``manufacturing,'';
       (B) in clause (i)(III), by striking ``or'' at the end;
       (C) by redesignating clause (ii) as clause (iii); and
       (D) by inserting after clause (i) the following:
       ``(ii) is covered by a programmatic plan or environmental 
     review developed for the primary purpose of facilitating 
     development of carbon dioxide pipelines; or''; and
       (2) by adding at the end the following:
       ``(C) Inclusion.--For purposes of subparagraph (A), 
     construction of infrastructure for carbon capture includes 
     construction of--

[[Page S3680]]

       ``(i) any facility, technology, or system that captures, 
     utilizes, or sequesters carbon dioxide emissions, including 
     projects for direct air capture (as defined in paragraph 
     (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 
     7403(g)); and
       ``(ii) carbon dioxide pipelines.''.
       (e) Development of Carbon Capture, Utilization, and 
     Sequestration Report, Permitting Guidance, and Regional 
     Permitting Task Force.--
       (1) Definitions.--In this subsection:
       (A) Carbon capture, utilization, and sequestration 
     projects.--The term ``carbon capture, utilization, and 
     sequestration projects'' includes projects for direct air 
     capture (as defined in paragraph (6)(B)(i) of section 103(g) 
     of the Clean Air Act (42 U.S.C. 7403(g))).
       (B) Efficient, orderly, and responsible.--The term 
     ``efficient, orderly, and responsible'' means, with respect 
     to development or the permitting process for carbon capture, 
     utilization, and sequestration projects and carbon dioxide 
     pipelines, a process that is completed in an expeditious 
     manner while maintaining environmental, health, and safety 
     protections.
       (2) Report.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Chair of the Council on 
     Environmental Quality (referred to in this section as the 
     ``Chair''), in consultation with the Administrator of the 
     Environmental Protection Agency, the Secretary of Energy, the 
     Secretary of the Interior, the Executive Director of the 
     Federal Permitting Improvement Council, and the head of any 
     other relevant Federal agency (as determined by the 
     President), shall prepare a report that--
       (i) compiles all existing relevant Federal permitting and 
     review information and resources for project applicants, 
     agencies, and other stakeholders interested in the deployment 
     of carbon capture, utilization, and sequestration projects 
     and carbon dioxide pipelines, including--

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

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

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

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

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

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

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

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

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

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

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

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

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

       (E) Report.--Each year, each task force shall prepare and 
     submit to the Chair and to the other task forces a report 
     that includes--

[[Page S3681]]

       (i) any recommendations for improvements in efficient, 
     orderly, and responsible issuance or administration of 
     Federal permits and other Federal authorizations required 
     under a law described in paragraph (3)(B)(i); and
       (ii) any other nationally relevant information that the 
     task force has collected in carrying out the duties under 
     subparagraph (D).
       (F) Evaluation.--Not later than 5 years after the date of 
     enactment of this Act, the Chair shall--
       (i) reevaluate the need for the task forces; and
       (ii) submit to Congress a recommendation as to whether the 
     task forces should continue.
                                 ______
                                 
  SA 653. Mr. CRAPO (for himself, Mr. Warner, Mr. Daines, and Mrs. 
Feinstein) submitted an amendment intended to be proposed by him to the 
bill S. 1790, to authorize appropriations for fiscal year 2020 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. PLAN FOR STRENGTHENING THE SUPPLY CHAIN INTELLIGENCE 
                   FUNCTION.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the National 
     Counterintelligence and Security Center, in coordination with 
     the Director of the Defense Counterintelligence and Security 
     Agency and other interagency partners, shall submit to 
     Congress a plan for strengthening the supply chain 
     intelligence function.
       (b) Elements.--The plan submitted under subsection (a) 
     shall address the following:
       (1) The appropriate workforce model, including size, mix, 
     and seniority, from the elements of the intelligence 
     community and other interagency partners.
       (2) The budgetary resources necessary to implement the 
     plan.
       (3) The appropriate governance structure within the 
     intelligence community and with interagency partners.
       (4) The authorities necessary to implement the plan.
       (c) Definition of Intelligence Community.--In this section, 
     the term ``intelligence community'' has the meaning given 
     such term in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003).
                                 ______
                                 
  SA 654. Mr. CORNYN (for himself and Ms. Rosen) submitted an amendment 
intended to be proposed by him to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 243. FEDERAL CYBERSECURITY AND RESEARCH PROTECTION 
                   POLICY.

       (a) Definitions.--In this section--
       (1) the term ``covered applicant'' means an applicant for 
     funding from a Federal agency to carry out research under a 
     covered program;
       (2) the term ``covered program'' means a research program 
     of a Federal agency for which the Director determines 
     compliance with the Framework is required;
       (3) the term ``Director'' means the Director of the Office 
     of Science and Technology Policy;
       (4) the term ``Federal agency'' means an Executive agency, 
     as defined in section 105 of title 5, United States Code;
       (5) the term ``Framework'' means the framework developed by 
     the working group under subsection (b)(3)(A);
       (6) the term ``institution of higher education'' has the 
     meaning given the term in section 101 of the Higher Education 
     Act of 1965 (20 U.S.C. 1001); and
       (7) the term ``working group'' means the interagency 
     working group established under subsection (b).
       (b) Interagency Working Group for Coordination and 
     Development of Federal Cybersecurity and Research Protection 
     Framework.--
       (1) In general.--The Director, acting through the National 
     Science and Technology Council and in coordination with the 
     National Security Advisor, shall establish an interagency 
     working group to--
       (A) coordinate Federal science and technology agency and 
     Federal intelligence and security activities; and
       (B) develop a Federal agency framework for compliance and 
     best practices, which shall be aimed at enhancing 
     cybersecurity protocols and protecting federally funded 
     research and development activities from foreign 
     interference, espionage, and exfiltration.
       (2) Membership.--The working group shall, at a minimum, be 
     composed of the following members:
       (A) The Director, who shall serve as chair of the working 
     group.
       (B) A representative from the National Science and 
     Technology Council.
       (C) Not more than 2 representatives from each of the 
     following entities:
       (i) The Department of State.
       (ii) The Department of the Treasury.
       (iii) The Department of Defense.
       (iv) The Department of Justice.
       (v) The Department of Education.
       (vi) The Department of Energy.
       (vii) The Department of Agriculture.
       (viii) The Department of Homeland Security.
       (ix) The National Institutes of Health.
       (x) The National Science Foundation.
       (xi) The National Aeronautics and Space Administration.
       (xii) The National Institute of Standards and Technology.
       (xiii) The Federal Bureau of Investigation.
       (xiv) The Central Intelligence Agency.
       (xv) The Office of Management and Budget.
       (xvi) The National Economic Council.
       (xvii) The Office of the Director of National Intelligence.
       (xviii) Such other Federal agencies as the Director 
     considers appropriate.
       (3) Responsibilities.--Not later than 1 year after the date 
     of enactment of this Act, the working group shall--
       (A) develop a framework for compliance across Federal 
     agencies to apply to applications submitted by covered 
     applicants for covered programs, which shall include--
       (i) establishing a clear, unified cybersecurity policy 
     across Federal agencies for the protection of Federal 
     research from foreign interference, while accounting for the 
     importance of the open exchange of ideas and international 
     talent required for scientific progress and leadership of the 
     United States in science and technology;
       (ii) identifying how existing mechanisms for control of 
     science and technology can be used to help protect federally 
     funded research and development from foreign interference, 
     cyber attacks, espionage, intellectual property theft, and 
     other attempts by foreign governments or representatives 
     thereof that attempt to compromise the integrity of the 
     United States scientific and technological enterprise;
       (iii) recommending additional mechanisms for control to 
     help protect federally funded research and development from 
     foreign interference, cyber attacks, espionage, and 
     intellectual property theft, including--

       (I) disclosing foreign interests, investments, or 
     involvement relating to Federal research; and
       (II) creating and providing to each Federal agency a list, 
     which shall not be made available to the public, of 
     researchers found to be knowingly fraudulent in disclosure 
     and the institution of higher education where the fraudulence 
     occurred; and

       (iv) developing a clear, unified metric across Federal 
     agencies that covered applicants will use to determine 
     compliance with the Framework for purposes of subsection 
     (c)(2); and
       (B) coordinate activities to protect federally funded 
     research and development from foreign interference, cyber 
     attacks, theft, and espionage and develop common definitions 
     and best practices for Federal science agencies, grantees, 
     and covered applicants, including by--
       (i) developing common definitions and aligning terms across 
     Federal agencies, including sensitive technologies, critical 
     technologies, emerging technologies, genomic data, and 
     foundational technologies;
       (ii) coordinating efforts among Federal agencies to share 
     important information, suspicious foreign actors, specific 
     examples or attempts at foreign interference, cyber attacks, 
     theft, or espionage with key stakeholders, including 
     institutions of higher education, federally funded research 
     and development centers, and nonprofit research institutions, 
     to help them better understand and defend against those 
     threats;
       (iii) identifying potential cyber threats and 
     vulnerabilities within the United States scientific and 
     technological enterprise and working with Federal agencies 
     and other stakeholders to develop and implement strategies 
     and best practices to defend and protect against potential 
     cyber attacks that may compromise research being conducted on 
     behalf of the Federal Government;
       (iv) developing and periodically updating unclassified 
     policy guidance to assist Federal science agencies, 
     institutions of higher education, and grantees in defending 
     against threats to federally funded research and the 
     development and integrity of the United States scientific 
     enterprise that shall include--

       (I) common definitions and terminology for classification 
     of research and technologies that are covered programs;
       (II) identified areas of research or technology that may 
     require additional controls; and
       (III) a classified addendum as necessary to further inform 
     Federal science agency decision-making; and

       (v) determining how current Federal efforts, as described 
     in the memorandum issued by the Office of Science and 
     Technology Policy on February 22, 2013 entitled ``Increasing 
     Access to the Results of Federally Funded Scientific 
     Research'', can be appropriately balanced with concerns about 
     the need to protect certain research data, information, and 
     resulting technologies from foreign actors seeking to utilize 
     that information for the express interest of advancing their 
     scientific, technological, economic, and

[[Page S3682]]

     military interests and which are directly counter to United 
     States interests.
       (4) Engagement.--In developing the Framework and the 
     compliance metric described in paragraph (3)(A)(iv), the 
     working group shall solicit and incorporate input from 
     representatives of institutions of higher education 
     conducting federally funded research and development, 
     including--
       (A) facility security officers;
       (B) chief information officers;
       (C) vice presidents for research;
       (D) chief technology officers; and
       (E) other relevant officers as determined by the Director.
       (5) Reporting requirements.--The Director shall--
       (A) not later than 60 days after the date of enactment of 
     this Act, report to Congress on the progress of establishing 
     the working group; and
       (B) not later than 270 days after the date of enactment of 
     this Act, report to Congress on the activities of the working 
     group, including the progress of the working group in meeting 
     the responsibilities described in paragraphs (3) and (4).
       (c) Application of and Compliance With Framework.--
       (1) Application.--The Framework shall apply to--
       (A) each grant by a Federal agency providing funds to be 
     used to carry out research under a covered program; and
       (B) any researcher that applies for funds under a covered 
     program.
       (2) Compliance.--Each covered applicant shall disclose in 
     the application for funding for a covered program whether the 
     applicant is in compliance with the Framework.
       (d) OSTP Report.--Not later than 1 year after the date on 
     which the Framework is developed under subsection (b)(3)(A), 
     and biennially thereafter, the Director shall submit to the 
     Committee on Commerce, Science, and Transportation, the 
     Committee on Homeland Security and Governmental Affairs, and 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Science, Space, and Technology, the Committee on 
     Oversight and Reform, and the Committee on Foreign Affairs of 
     the House of Representatives a report discussing--
       (1) the research programs of Federal agencies that are 
     covered programs;
       (2) the research programs of Federal agencies that the 
     Director determines are not covered programs, and the basis 
     for the determination; and
       (3) analysis of enforcement mechanisms and penalties for 
     fraudulently disclosing foreign interests, investments, or 
     involvement relating to federally funded research and 
     potential recommendations for future legislation to address 
     unmet needs to protect federally funded research from foreign 
     interference, cyber attacks, theft, or espionage.
       (e) GAO Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives a report 
     that--
       (1) includes an analysis of the implementation of the 
     Framework by Federal agencies; and
       (2) examines compliance by institutions of higher 
     education, federally funded research and development centers, 
     and nonprofit research institutions with the Framework.
       (f) Rule of Construction.--Nothing in this section or 
     resulting framework shall be construed to affect or otherwise 
     disrupt research activities occurring before, on, or after 
     the date of enactment of this Act, unless as determined by a 
     majority of the working group.
                                 ______
                                 
  SA 655. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1262. POLICY WITH RESPECT TO EXPANSION OF COOPERATION 
                   WITH ALLIES IN THE INDO-PACIFIC REGION AND 
                   EUROPE TO COUNTER THE RISE OF THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) Findings.--Congress makes the following findings:
       (1) The People's Republic of China is leveraging military 
     modernization, influence operations, and predatory economics 
     to coerce neighboring countries to reorder the Indo-Pacific 
     region to the advantage of the People's Republic of China.
       (2) As the People's Republic of China continues its 
     economic and military ascendance, asserting power through a 
     whole of government long-term strategy, the People's Republic 
     of China will continue to pursue a military modernization 
     program that seeks Indo-Pacific regional hegemony in the 
     near-term and displacement of the United States to achieve 
     global preeminence in the future.
       (3) The most important long-term objective of the defense 
     strategy of the United States is to set the military 
     relationship between the United States and the People's 
     Republic of China on a path toward transparency and 
     nonaggression.
       (b) Statement of Policy.--It is the policy of the United 
     States--
       (1) to expand military, diplomatic, and economic alliances 
     in the Indo-Pacific region and with Europe and like-minded 
     countries around the globe that are critical to addressing 
     the rise of the People's Republic of China; and
       (2) to develop, in collaboration with such allies, a 
     unified approach to address the rise of the People's Republic 
     of China.
                                 ______
                                 
  SA 656. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1262. REPORTS ON THEFT OF INTELLECTUAL PROPERTY 
                   CONDUCTED BY CHINESE PERSONS.

       (a) Classified Report.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on theft of 
     intellectual property conducted by Chinese persons.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An identification of the United States entities from 
     which a Chinese person has conducted theft of intellectual 
     property.
       (B) For each United States entity identified under 
     subparagraph (A), to the extent practicable--
       (i) a description of the type of intellectual property 
     theft;
       (ii) an assessment of whether the theft made the United 
     States entity vulnerable or unable to compete;
       (iii) an identification of the Chinese person or Chinese 
     persons that conducted the theft; and
       (iv) an identification of any Chinese person that is using 
     or has used the stolen intellectual property in commercial 
     activity in the United States.
       (C) An identification of United States entities that have 
     gone out of business in part due to theft of intellectual 
     property conducted by Chinese persons.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in classified form.
       (b) Unclassified Report.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress and make available to 
     the public an unclassified report on theft of intellectual 
     property conducted by Chinese persons.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An identification of any Chinese person that--
       (i) has conducted theft of intellectual property from one 
     or more United States entities; or
       (ii) is using or has used intellectual property stolen by a 
     Chinese person in commercial activity in the United States.
       (B) A general description of the intellectual property 
     involved.
       (C) For each Chinese person identified under subparagraph 
     (A), an assessment of whether that person is using or has 
     used the stolen intellectual property in commercial activity 
     in the United States.
       (c) Definitions.--In this section:
       (1) Agency or instrumentality of the government of the 
     people's republic of china.--The term ``agency or 
     instrumentality of the Government of the People's Republic of 
     China'' means any entity--
       (A) that is a separate legal person, corporate or 
     otherwise;
       (B) that is an organ of the Government of the People's 
     Republic of China or a political subdivision thereof, or a 
     majority of whose shares or other ownership interest is owned 
     by that government or a political subdivision thereof; and
       (C) that is neither a citizen of the United States, nor 
     created under the laws of any third country.
       (2) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China;
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China; or
       (C) the Government of the People's Republic of China or any 
     agency or instrumentality of the Government of the People's 
     Republic of China.
       (3) Commercial activity.--The term ``commercial activity'' 
     means either a regular course of commercial conduct or a 
     particular commercial transaction or act. The commercial 
     character of an activity shall be determined by reference to 
     the nature of the course of conduct or particular transaction 
     or act, rather than by reference to its purpose.
       (4) Intellectual property.--The term ``intellectual 
     property'' means--
       (A) any work protected by a copyright under title 17, 
     United States Code;
       (B) any property protected by a patent granted by the 
     United States Patent and Trademark Office under title 35, 
     United States Code;

[[Page S3683]]

       (C) any word, name, symbol, or device, or any combination 
     thereof, that is registered as a trademark with the United 
     States Patent and Trademark Office under the Act entitled 
     ``An Act to provide for the registration and protection of 
     trademarks used in commerce, to carry out the provisions of 
     certain international conventions, and for other purposes'', 
     approved July 5, 1946 (commonly known as the ``Lanham Act'' 
     or the ``Trademark Act of 1946'') (15 U.S.C. 1051 et seq.);
       (D) a trade secret (as defined in section 1839 of title 18, 
     United States Code); or
       (E) any other form of intellectual property.
       (5) United states entity.--The term ``United States 
     entity'' means an entity organized under the laws of the 
     United States or any jurisdiction within the United States.
                                 ______
                                 
  SA 657. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. UPDATE ON COMPTROLLER GENERAL OF THE UNITED STATES 
                   REPORT ON WEAPON SYSTEMS CYBERSECURITY.

       (a) Update Required.--Not later than one year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to Congress an update to the 
     October 2018 report of the Comptroller General entitled 
     ``Weapon Systems Cybersecurity''.
       (b) Contents.--The update required by subsection (a) shall 
     include the following:
       (1) Recommendations to minimize cyber vulnerabilities in 
     weapon systems.
       (2) A proposed timeline for implementing such 
     recommendations.
       (c) Form.--The update submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 658. Mr. COTTON (for himself, Mr. Schumer, Mr. Crapo, Mr. Brown, 
Mr. Rubio, Mr. Menendez, Mrs. Shaheen, Mr. Toomey, Mr. Cornyn, Mrs. 
Capito, Mr. Peters, Mr. Markey, Mrs. Feinstein, and Mrs. Blackburn) 
submitted an amendment intended to be proposed by him to the bill S. 
1790, to authorize appropriations for fiscal year 2020 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

 TITLE XVII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT 
                           SYNTHETIC OPIOIDS

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Fentanyl Sanctions Act''.

     SEC. 1702. FINDINGS.

       Congress makes the following findings:
       (1) The Centers for Disease Control and Prevention estimate 
     that from September 2017 through September 2018 more than 
     48,200 people in the United States died from an opioid 
     overdose, with synthetic opioids (excluding methadone), 
     contributing to a record 31,900 overdose deaths. While drug 
     overdose death estimates from methadone, semi-synthetic 
     opioids, and heroin have decreased in recent months, overdose 
     deaths from synthetic opioids have continued to increase.
       (2) Congress and the President have taken a number of 
     actions to combat the demand for illicit opioids in the 
     United States, including enacting into law the SUPPORT for 
     Patients and Communities Act (Public Law 115-271; 132 Stat. 
     3894). While new statutes and regulations have reduced the 
     rate of opioid prescriptions in recent years, fully 
     addressing the United States opioid crisis will involve 
     dramatically restricting the foreign supply of illicit 
     opioids.
       (3) The People's Republic of China is the world's largest 
     producer of illicit fentanyl, fentanyl analogues, and their 
     immediate precursors. From the People's Republic of China, 
     those substances are shipped primarily through express 
     consignment carriers or international mail directly to the 
     United States, or, alternatively, shipped directly to 
     transnational criminal organizations in Mexico, Canada, and 
     the Caribbean.
       (4) The United States and the People's Republic of China, 
     Mexico, and Canada have made important strides in combating 
     the illicit flow of opioids through bilateral efforts of 
     their respective law enforcement agencies.
       (5) The objective of preventing the proliferation of 
     illicit opioids though existing multilateral and bilateral 
     initiatives requires additional efforts to deny illicit 
     actors the financial means to sustain their markets and 
     distribution networks.
       (6) The implementation on May 1, 2019, of the regulations 
     of the People's Republic of China to schedule all fentanyl 
     analogues as controlled substances is a major step in 
     combating global opioid trafficking and represents a major 
     achievement in United States-China law enforcement dialogues. 
     However, that step will effectively fulfill the commitment 
     that President Xi Jinping of the People's Republic of China 
     made to President Donald Trump at the Group of Twenty meeting 
     in December 2018 only if the Government of the People's 
     Republic of China devotes sufficient resources to full 
     implementation and strict enforcement of the new regulations. 
     The effective enforcement of the new regulations should 
     result in diminished trafficking of illicit fentanyl 
     originating from the People's Republic of China into the 
     United States, so it is in the interests of both the United 
     States and the People's Republic of China to support the 
     effective enforcement of the regulations.
       (7) While the Department of the Treasury used the Foreign 
     Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to 
     sanction the first synthetic opioid trafficking entity in 
     April 2018, additional economic and financial sanctions 
     policy tools are needed to help combat the flow of synthetic 
     opioids into the United States.

     SEC. 1703. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should apply economic and other 
     financial sanctions to foreign traffickers of illicit opioids 
     to protect the national security, foreign policy, and economy 
     of the United States and the health of the people of the 
     United States;
       (2) it is imperative that the People's Republic of China 
     follow through on full implementation of the new regulations, 
     adopted May 1, 2019, to treat all fentanyl analogues as 
     controlled substances under the laws of the People's Republic 
     of China, including by devoting sufficient resources for 
     implementation and strict enforcement of the new regulations; 
     and
       (3) the effective enforcement of the new regulations should 
     result in diminished trafficking of illicit fentanyl 
     originating from the People's Republic of China into the 
     United States, so it is in the interests of both the United 
     States and the People's Republic of China to support full, 
     effective, and strict enforcement of the regulations.

     SEC. 1704. DEFINITIONS.

       In this title:
       (1) Alien; national; national of the united states.--The 
     terms ``alien'', ``national'', and ``national of the United 
     States'' have the meanings given those terms in section 101 
     of the Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees and leadership.--
     The term ``appropriate congressional committees and 
     leadership'' means--
       (A) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     the Judiciary, the Select Committee on Intelligence, and the 
     majority leader and the minority leader of the Senate; and
       (B) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Financial Services, the Committee 
     on Foreign Affairs, the Committee on Homeland Security, the 
     Committee on the Judiciary, the Permanent Select Committee on 
     Intelligence, and the Speaker and the minority leader of the 
     House of Representatives.
       (3) Controlled substance; listed chemical.--The terms 
     ``controlled substance'', ``listed chemical'', ``narcotic 
     drug'', and ``opioid'' have the meanings given those terms in 
     section 102 of the Controlled Substances Act (21 U.S.C. 802).
       (4) Entity.--The term ``entity'' means a partnership, joint 
     venture, association, corporation, organization, network, 
     group, or subgroup, or any form of business collaboration.
       (5) Foreign opioid trafficker.--The term ``foreign opioid 
     trafficker'' means any foreign person that the President 
     determines plays a significant role in opioid trafficking.
       (6) Foreign person.--The term ``foreign person''--
       (A) means--
       (i) any citizen or national of a foreign country; or
       (ii) any entity not organized under the laws of the United 
     States or a jurisdiction within the United States; and
       (B) does not include the government of a foreign country.
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) Opioid trafficking.--The term ``opioid trafficking'' 
     means any illicit activity--
       (A) to produce, manufacture, distribute, sell, or knowingly 
     finance or transport illicit synthetic opioids, controlled 
     substances that are synthetic opioids, listed chemicals that 
     are synthetic opioids, or active pharmaceutical ingredients 
     or chemicals that are used in the production of controlled 
     substances that are synthetic opioids;
       (B) to attempt to carry out an activity described in 
     subparagraph (A); or
       (C) to assist, abet, conspire, or collude with other 
     persons to carry out such an activity.
       (9) Person.--The term ``person'' means an individual or 
     entity.
       (10) United states person.--The term ``United States 
     person'' means--
       (A) any citizen or national of the United States;
       (B) any alien lawfully admitted for permanent residence in 
     the United States;

[[Page S3684]]

       (C) any entity organized under the laws of the United 
     States or any jurisdiction within the United States 
     (including a foreign branch of such an entity); or
       (D) any person located in the United States.

    Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers

     SEC. 1711. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.

       (a) Public Report.--
       (1) In general.--The President shall submit to the 
     appropriate congressional committees and leadership, in 
     accordance with subsection (c), a report--
       (A) identifying the foreign persons that the President 
     determines are foreign opioid traffickers;
       (B) detailing progress the President has made in 
     implementing this subtitle; and
       (C) providing an update on cooperative efforts with the 
     Governments of Mexico and the People's Republic of China with 
     respect to combating foreign opioid traffickers.
       (2) Identification of additional persons.--If, at any time 
     after submitting a report required by paragraph (1) and 
     before the submission of the next such report, the President 
     determines that a foreign person not identified in the report 
     is a foreign opioid trafficker, the President shall submit to 
     the appropriate congressional committees and leadership an 
     additional report containing the information required by 
     paragraph (1) with respect to the foreign person.
       (3) Exclusion.--The President shall not be required to 
     include in a report under paragraph (1) or (2) any persons 
     with respect to which the United States has imposed sanctions 
     before the date of the report under this subtitle or any 
     other provision of law with respect to opioid trafficking.
       (4) Form of report.--
       (A) In general.--Each report required by paragraph (1) or 
     (2) shall be submitted in unclassified form but may include a 
     classified annex.
       (B) Availability to public.--The unclassified portion of a 
     report required by paragraph (1) or (2) shall be made 
     available to the public.
       (b) Classified Report.--
       (1) In general.--The President shall submit to the 
     appropriate congressional committees and leadership, in 
     accordance with subsection (c), a report, in classified 
     form--
       (A) describing in detail the status of sanctions imposed 
     under this subtitle, including the personnel and resources 
     directed toward the imposition of such sanctions during the 
     preceding fiscal year;
       (B) providing background information with respect to 
     persons newly identified as foreign opioid traffickers and 
     their illicit activities;
       (C) describing actions the President intends to undertake 
     or has undertaken to implement this subtitle; and
       (D) providing a strategy for identifying additional foreign 
     opioid traffickers.
       (2) Effect on other reporting requirements.--The report 
     required by paragraph (1) is in addition to the obligations 
     of the President to keep Congress fully and currently 
     informed pursuant to the provisions of the National Security 
     Act of 1947 (50 U.S.C. 3001 et seq.).
       (c) Submission of Reports.--Not later than 180 days after 
     the date of the enactment of this Act, and annually 
     thereafter until the date that is 5 years after such date of 
     enactment, the President shall submit the reports required by 
     subsections (a) and (b) to the appropriate congressional 
     committees and leadership.
       (d) Exclusion of Certain Information.--
       (1) Intelligence.--Notwithstanding any other provision of 
     this section, a report required by subsection (a) or (b) 
     shall not disclose the identity of any person if the Director 
     of National Intelligence determines that such disclosure 
     could compromise an intelligence operation, activity, source, 
     or method of the United States.
       (2) Law enforcement.--Notwithstanding any other provision 
     of this section, a report required by subsection (a) or (b) 
     shall not disclose the identity of any person if the Attorney 
     General, in coordination, as appropriate, with the Director 
     of the Federal Bureau of Investigation, the Administrator of 
     the Drug Enforcement Administration, the Secretary of the 
     Treasury, the Secretary of State, and the head of any other 
     appropriate Federal law enforcement agency, determines that 
     such disclosure could reasonably be expected--
       (A) to compromise the identity of a confidential source, 
     including a State, local, or foreign agency or authority or 
     any private institution that furnished information on a 
     confidential basis;
       (B) to jeopardize the integrity or success of an ongoing 
     criminal investigation or prosecution;
       (C) to endanger the life or physical safety of any person; 
     or
       (D) to cause substantial harm to physical property.
       (3) Notification required.--If the Director of National 
     Intelligence makes a determination under paragraph (1) or the 
     Attorney General makes a determination under paragraph (2), 
     the Director or the Attorney General, as the case may be, 
     shall notify the appropriate congressional committees and 
     leadership of the determination and the reasons for the 
     determination.
       (4) Rule of construction.--Nothing in this section may be 
     construed to authorize or compel the disclosure of 
     information determined by the President to be law enforcement 
     information, national security information, or other 
     information the disclosure of which is prohibited by any 
     other provision of law.
       (e) Provision of Information Required for Reports.--The 
     Secretary of the Treasury, the Attorney General, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of Homeland Security, and the Director of National 
     Intelligence shall consult among themselves and provide to 
     the President and the Director of the Office of National Drug 
     Control Policy the appropriate and necessary information to 
     enable the President to submit the reports required by 
     subsection (a).

     SEC. 1712. SENSE OF CONGRESS ON INTERNATIONAL OPIOID CONTROL 
                   REGIME.

       It is the sense of Congress that, in order to apply 
     economic and other financial sanctions to foreign traffickers 
     of illicit opioids to protect the national security, foreign 
     policy, and economy of the United States--
       (1) the President should instruct the Secretary of State to 
     commence immediately diplomatic efforts, both in appropriate 
     international fora such as the United Nations, the Group of 
     Seven, the Group of Twenty, and trilaterally and bilaterally 
     with partners of the United States, to combat foreign opioid 
     trafficking, including by working to establish a multilateral 
     sanctions regime with respect to foreign opioid trafficking; 
     and
       (2) the Secretary of State, in consultation with the 
     Secretary of the Treasury, should intensify efforts to 
     maintain and strengthen the coalition of countries formed to 
     combat foreign opioid trafficking.

     SEC. 1713. IMPOSITION OF SANCTIONS.

       The President shall impose five or more of the sanctions 
     described in section 1714 with respect to each foreign person 
     that is an entity, and four or more of such sanctions with 
     respect to each foreign person that is an individual, that--
       (1) is identified as a foreign opioid trafficker in a 
     report submitted under section 1711(a); or
       (2) the President determines is owned, controlled, directed 
     by, knowingly supplying or sourcing precursors for, or acting 
     for or on behalf of, such a foreign opioid trafficker.

     SEC. 1714. DESCRIPTION OF SANCTIONS.

       (a) In General.--The sanctions that may be imposed with 
     respect to a foreign person under section 1713 are the 
     following:
       (1) Loans from united states financial institutions.--The 
     United States Government may prohibit any United States 
     financial institution from making loans or providing credits 
     to the foreign person.
       (2) Prohibitions on financial institutions.--The following 
     prohibitions may be imposed with respect to a foreign person 
     that is a financial institution:
       (A) Prohibition on designation as primary dealer.--Neither 
     the Board of Governors of the Federal Reserve System nor the 
     Federal Reserve Bank of New York may designate, or permit the 
     continuation of any prior designation of, the financial 
     institution as a primary dealer in United States Government 
     debt instruments.
       (B) Prohibition on service as a repository of government 
     funds.--The financial institution may not serve as agent of 
     the United States Government or serve as repository for 
     United States Government funds.

     The imposition of either sanction under subparagraph (A) or 
     (B) shall be treated as one sanction for purposes of section 
     1713, and the imposition of both such sanctions shall be 
     treated as 2 sanctions for purposes of that section.
       (3) Procurement ban.--The United States Government may not 
     procure, or enter into any contract for the procurement of, 
     any goods or services from the foreign person.
       (4) Foreign exchange.--The President may, pursuant to such 
     regulations as the President may prescribe, prohibit any 
     transactions in foreign exchange that are subject to the 
     jurisdiction of the United States and in which the foreign 
     person has any interest.
       (5) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the foreign person.
       (6) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, or transporting any property that is subject to 
     the jurisdiction of the United States and with respect to 
     which the foreign person has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (7) Ban on investment in equity or debt of sanctioned 
     person.--The President may, pursuant to such regulations or 
     guidelines as the President may prescribe, prohibit any 
     United States person from investing in or purchasing 
     significant amounts of equity or debt instruments of the 
     foreign person.
       (8) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President

[[Page S3685]]

     determines is a corporate officer or principal of, or a 
     shareholder with a controlling interest in, the foreign 
     person.
       (9) Sanctions on principal executive officers.--The 
     President may impose on the principal executive officer or 
     officers of the foreign person, or on individuals performing 
     similar functions and with similar authorities as such 
     officer or officers, any of the sanctions described in 
     paragraphs (1) through (8) that are applicable.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of any 
     regulation, license, or order issued to carry out subsection 
     (a) shall be subject to the penalties set forth in 
     subsections (b) and (c) of section 206 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
     extent as a person that commits an unlawful act described in 
     subsection (a) of that section.
       (c) Exceptions.--
       (1) Intelligence and law enforcement activities.--Sanctions 
     under this section shall not apply with respect to--
       (A) any activity subject to the reporting requirements 
     under title V of the National Security Act of 1947 (50 U.S.C. 
     3091 et seq.); or
       (B) any authorized intelligence and law enforcement 
     activities of the United States.
       (2) Exception to comply with united nations headquarters 
     agreement.--Sanctions under subsection (a)(8) shall not apply 
     to an alien if admitting the alien into the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, the Convention on Consular Relations, done at Vienna 
     April 24, 1963, and entered into force March 19, 1967, or 
     other applicable international obligations.
       (d) Implementation; Regulatory Authority.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Regulatory authority.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this section.

     SEC. 1715. WAIVERS.

       (a) Waiver for State-Owned Financial Institutions in 
     Countries That Cooperate in Multilateral Anti-Trafficking 
     Efforts.--
       (1) In general.--The President may waive for a period of 
     not more than 12 months the application of sanctions under 
     this subtitle with respect to a financial institution that is 
     owned or controlled, directly or indirectly, by a foreign 
     government or any political subdivision, agency, or 
     instrumentality of a foreign government, if, not less than 15 
     days before the waiver is to take effect, the President 
     certifies to the appropriate congressional committees and 
     leadership that the foreign government is closely cooperating 
     with the United States in efforts to prevent opioid 
     trafficking.
       (2) Certification.--The President may certify under 
     paragraph (1) that a foreign government is closely 
     cooperating with the United States in efforts to prevent 
     opioid trafficking if that government is--
       (A) implementing domestic laws to schedule all fentanyl 
     analogues as controlled substances; and
       (B) doing two or more of the following:
       (i) Implementing substantial improvements in regulations 
     involving the chemical and pharmaceutical production and 
     export of illicit opioids.
       (ii) Implementing substantial improvements in judicial 
     regulations to combat transnational criminal organizations 
     that traffic opioids.
       (iii) Increasing efforts to prosecute foreign opioid 
     traffickers.
       (iv) Increasing intelligence sharing and law enforcement 
     cooperation with the United States with respect to opioid 
     trafficking.
       (3) Subsequent renewal of waiver.--The President may renew 
     a waiver under paragraph (1) for subsequent periods of not 
     more than 12 months each if, not less than 15 days before the 
     renewal is to take effect, the Director of National 
     Intelligence certifies to the appropriate congressional 
     committees and leadership that the government of the country 
     to which the waiver applies has effectively implemented and 
     is effectively enforcing the measures that formed the basis 
     for the certification under paragraph (2).
       (b) Waivers for National Security and Access to 
     Prescription Medications.--
       (1) In general.--The President may waive the application of 
     sanctions under this subtitle if the President determines 
     that the application of such sanctions would harm--
       (A) the national security interests of the United States; 
     or
       (B) subject to paragraph (2), the access of United States 
     persons to prescription medications.
       (2) Monitoring.--The President shall establish a monitoring 
     program to verify that a person that receives a waiver under 
     paragraph (1)(B) is not trafficking illicit opioids.
       (3) Notification.--Not later than 15 days after making a 
     determination under paragraph (1), the President shall notify 
     the appropriate congressional committees and leadership of 
     the determination and the reasons for the determination.
       (c) Humanitarian Waiver.--The President may waive, for 
     renewable periods of 180 days, the application of the 
     sanctions under this subtitle if the President certifies to 
     the appropriate congressional committees and leadership that 
     the waiver is necessary for the provision of humanitarian 
     assistance.

     SEC. 1716. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED 
                   INFORMATION.

       (a) In General.--If a finding under this subtitle, or a 
     prohibition, condition, or penalty imposed as a result of any 
     such finding, is based on classified information (as defined 
     in section 1(a) of the Classified Information Procedures Act 
     (18 U.S.C. App.)) and a court reviews the finding or the 
     imposition of the prohibition, condition, or penalty, the 
     President may submit such information to the court ex parte 
     and in camera.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to confer or imply any right to judicial review of 
     any finding under this subtitle, or any prohibition, 
     condition, or penalty imposed as a result of any such 
     finding.

     SEC. 1717. BRIEFINGS ON IMPLEMENTATION.

       Not later than 90 days after the date of the enactment of 
     the Fentanyl Sanctions Act, and every 180 days thereafter 
     until the date that is 5 years after such date of enactment, 
     the President, acting through the Secretary of State, in 
     coordination with the Secretary of the Treasury, shall 
     provide to the appropriate congressional committees and 
     leadership a comprehensive briefing on efforts to implement 
     this subtitle.

     SEC. 1718. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL 
                   NARCOTICS CONTROL STRATEGY REPORT.

       Section 489(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291(a)) is amended by adding at the end the 
     following:
       ``(9)(A) An assessment conducted by the Secretary of State, 
     in consultation with the Secretary of the Treasury, of the 
     extent to which any diplomatic efforts described in section 
     1712 of the Fentanyl Sanctions Act have been successful.
       ``(B) Each assessment required by subparagraph (A) shall 
     include an identification of--
       ``(i) the countries the governments of which have agreed to 
     undertake measures to apply economic or other financial 
     sanctions to foreign traffickers of illicit opioids and a 
     description of those measures; and
       ``(ii) the countries the governments of which have not 
     agreed to measures described in clause (i), and, with respect 
     to those countries, other measures the Secretary of State 
     recommends that the United States take to apply economic and 
     other financial sanctions to foreign traffickers of illicit 
     opioids.''.

    Subtitle B--Commission on Combating Synthetic Opioid Trafficking

     SEC. 1721. COMMISSION ON COMBATING SYNTHETIC OPIOID 
                   TRAFFICKING.

       (a) Establishment.--
       (1) In general.--There is established a commission to 
     develop a consensus on a strategic approach to combating the 
     flow of synthetic opioids into the United States.
       (2) Designation.--The commission established under 
     paragraph (1) shall be known as the ``Commission on Synthetic 
     Opioid Trafficking'' (in this section referred to as the 
     ``Commission'').
       (b) Membership.--
       (1) Composition.--
       (A) In general.--Subject to subparagraph (B), the 
     Commission shall be composed of the following members:
       (i) The Administrator of the Drug Enforcement 
     Administration.
       (ii) The Secretary of Homeland Security.
       (iii) The Secretary of Defense.
       (iv) The Secretary of the Treasury.
       (v) The Secretary of State.
       (vi) Two members appointed by the majority leader of the 
     Senate, one of whom shall be a Member of the Senate and one 
     of whom shall not be.
       (vii) Two members appointed by the minority leader of the 
     Senate, one of whom shall be a Member of the Senate and one 
     of whom shall not be.
       (viii) Two members appointed by the Speaker of the House of 
     Representatives, one of whom shall be a Member of the House 
     of Representatives and one of whom shall not be.
       (ix) Two members appointed by the minority leader of the 
     House of Representatives, one of whom shall be a Member of 
     the House of Representatives and one of whom shall not be.
       (B)(i) The members of the Commission who are not Members of 
     Congress and who are appointed under clauses (vi) through 
     (ix) of subparagraph (A) shall be individuals who are 
     nationally recognized for expertise, knowledge, or experience 
     in--
       (I) transnational criminal organizations conducting 
     synthetic opioid trafficking;
       (II) the production, manufacturing, distribution, sale, or 
     transportation of synthetic opioids; or
       (III) relations between--

       (aa) the United States; and
       (bb) the People's Republic of China, Mexico, or any other 
     country of concern with respect to trafficking in synthetic 
     opioids.

       (ii) An official who appoints members of the Commission may 
     not appoint an individual as a member of the Commission if 
     the individual possesses any personal or financial interest 
     in the discharge of any of the duties of the Commission.
       (iii)(I) All members of the Commission described in clause 
     (i) shall possess an appropriate security clearance in 
     accordance with applicable provisions of law concerning the 
     handling of classified information.

[[Page S3686]]

       (II) For the purpose of facilitating the activities of the 
     Commission, the Director of National Intelligence shall 
     expedite to the fullest degree possible the processing of 
     security clearances that are necessary for members of the 
     Commission.
       (2) Co-chairs.--
       (A) In general.--The Commission shall have 2 co-chairs, 
     selected from among the members of the Commission, one of 
     whom shall be a member of the majority party and one of whom 
     shall be a member of the minority party.
       (B) Selection.--The individuals who serve as the co-chairs 
     of the Commission shall be jointly agreed upon by the 
     President, the majority leader of the Senate, the minority 
     leader of the Senate, the Speaker of the House of 
     Representatives, and the minority leader of the House of 
     Representatives.
       (c) Duties.--The duties of the Commission are as follows:
       (1) To define the core objectives and priorities of the 
     strategic approach described in subsection (a)(1).
       (2) To weigh the costs and benefits of various strategic 
     options to combat the flow of synthetic opioids from the 
     People's Republic of China, Mexico, and other countries.
       (3) To evaluate whether the options described in paragraph 
     (2) are exclusive or complementary, the best means for 
     executing such options, and how the United States should 
     incorporate and implement such options within the strategic 
     approach described in subsection (a)(1).
       (4) To review and make determinations on the difficult 
     choices present within such options, among them what norms-
     based regimes the United States should seek to establish to 
     encourage the effective regulation of dangerous synthetic 
     opioids.
       (5) To report on efforts by actors in the People's Republic 
     of China to subvert United States laws and to supply illicit 
     synthetic opioids to persons in the United States, including 
     up-to-date estimates of the scale of illicit synthetic 
     opioids flows from the People's Republic of China.
       (6) To report on the deficiencies in the regulation of 
     pharmaceutical and chemical production of controlled 
     substances and export controls with respect to such 
     substances in the People's Republic of China and other 
     countries that allow opioid traffickers to subvert such 
     regulations and controls to traffic illicit opioids into the 
     United States.
       (7) To report on the scale of contaminated or counterfeit 
     drugs originating from the People's Republic of China and 
     India.
       (8) To report on how the United States could work more 
     effectively with provincial and local officials in the 
     People's Republic of China and other countries to combat the 
     illicit production of synthetic opioids.
       (9) In weighing the options for defending the United States 
     against the dangers of trafficking in synthetic opioids, to 
     consider possible structures and authorities that need to be 
     established, revised, or augmented within the Federal 
     Government.
       (d) Functioning of Commission.--The provisions of 
     subsections (c), (d), (e), (g), (h), (i), and (m) of section 
     1652 of the John S. McCain National Defense Authorization Act 
     for Fiscal Year 2019 (Public Law 115-232) shall apply to the 
     Commission to the same extent and in the same manner as such 
     provisions apply to the commission established under that 
     section, except that--
       (1) subsection (c)(1) of that section shall be applied and 
     administered by substituting ``30 days'' for ``45 days'';
       (2) subsection (g)(4)(A) of that section shall be applied 
     and administered by inserting ``and the Attorney General'' 
     after ``Secretary of Defense''; and
       (3) subsections (h)(2)(A) and (i)(1)(A) of that section 
     shall be applied and administered by substituting ``level V 
     of the Executive Schedule under section 5316'' for ``level IV 
     of the Executive Schedule under section 5315''.
       (e) Treatment of Information Relating to National 
     Security.--
       (1) Responsibility of director of national intelligence.--
     The Director of National Intelligence shall assume 
     responsibility for the handling and disposition of any 
     information related to the national security of the United 
     States that is received, considered, or used by the 
     Commission under this section.
       (2) Information provided by congress.--Any information 
     related to the national security of the United States that is 
     provided to the Commission by the appropriate congressional 
     committees and leadership may not be further provided or 
     released without the approval of the chairperson of the 
     committee, or the Member of Congress, as the case may be, 
     that provided the information to the Commission.
       (3) Access after termination of commission.--
     Notwithstanding any other provision of law, after the 
     termination of the Commission under subsection (h), only the 
     members and designated staff of the appropriate congressional 
     committees and leadership, the Director of National 
     Intelligence (and the designees of the Director), and such 
     other officials of the executive branch as the President may 
     designate shall have access to information related to the 
     national security of the United States that is received, 
     considered, or used by the Commission.
       (f) Reports.--The Commission shall submit to the 
     appropriate congressional committees and leadership--
       (1) not later than 270 days after the date of the enactment 
     of this Act, an initial report on the activities and 
     recommendations of the Commission under this section; and
       (2) not later than 270 days after the submission of the 
     initial report under paragraph (1), a final report on the 
     activities and recommendations of the Commission under this 
     section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of fiscal years 2020 
     through 2023 to carry out this section.
       (h) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this section, shall terminate at the end of the 120-day 
     period beginning on the date on which the final report 
     required by subsection (f)(2) is submitted to the appropriate 
     congressional committees and leadership.
       (2) Winding up of affairs.--The Commission may use the 120-
     day period described in paragraph (1) for the purposes of 
     concluding its activities, including providing testimony to 
     Congress concerning the final report required by subsection 
     (f)(2) and disseminating the report.

                       Subtitle C--Other Matters

     SEC. 1731. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE 
                   OF INTELLIGENCE RESOURCES IN EFFORTS TO 
                   SANCTION FOREIGN OPIOID TRAFFICKERS.

       (a) Program Required.--
       (1) In general.--The Director of National Intelligence 
     shall, with the concurrence of the Director of the Office of 
     National Drug Control Policy, carry out a program to allocate 
     and enhance use of resources of the intelligence community, 
     including intelligence collection and analysis, to assist the 
     Secretary of the Treasury, the Secretary of State, and the 
     Administrator of the Drug Enforcement Administration in 
     efforts to identify and impose sanctions with respect to 
     foreign opioid traffickers under subtitle A.
       (2) Focus on illicit finance.--To the extent practicable, 
     efforts described in paragraph (1) shall--
       (A) take into account specific illicit finance risks 
     related to narcotics trafficking; and
       (B) be developed in consultation with the Undersecretary of 
     the Treasury for Terrorism and Financial Crimes, appropriate 
     officials of the Office of Intelligence and Analysis of the 
     Department of the Treasury, the Director of the Financial 
     Crimes Enforcement Network, and appropriate Federal law 
     enforcement agencies.
       (b) Review of Counternarcotics Efforts of the Intelligence 
     Community.--The Director of National Intelligence shall, in 
     coordination with the Director of the Office of National Drug 
     Control Policy, carry out a comprehensive review of the 
     current intelligence collection priorities of the 
     intelligence community for counternarcotics purposes in order 
     to identify whether such priorities are appropriate and 
     sufficient in light of the number of lives lost in the United 
     States each year due to use of illegal drugs.
       (c) Reports.--
       (1) Quarterly reports on program.--Not later than 90 days 
     after the date of the enactment of this Act, and every 90 
     days thereafter, the Director of National Intelligence and 
     the Director of the Office of National Drug Control Policy 
     shall jointly submit to the appropriate congressional 
     committees and leadership a report on the status and 
     accomplishments of the program required by subsection (a) 
     during the 90-day period ending on the date of the report. 
     The first report under this paragraph shall also include a 
     description of the amount of funds devoted by the 
     intelligence community to the efforts described in subsection 
     (a) during each of fiscal years 2017 and 2018.
       (2) Report on review.--Not later than 120 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence and the Director of the Office of National Drug 
     Control Policy shall jointly submit to the appropriate 
     congressional committees and leadership a comprehensive 
     description of the results of the review required by 
     subsection (b), including whether the priorities described in 
     that subsection are appropriate and sufficient in light of 
     the number of lives lost in the United States each year due 
     to use of illegal drugs. If the report concludes that such 
     priorities are not so appropriate and sufficient, the report 
     shall also include a description of the actions to be taken 
     to modify such priorities in order to assure than such 
     priorities are so appropriate and sufficient.
       (d) Intelligence Community Defined.--In this section, the 
     term ``intelligence community'' has the meaning given that 
     term in section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 3003(4)).

     SEC. 1732. DEPARTMENT OF DEFENSE FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Defense to carry out 
     the operations and activities described in subsection (b) 
     $25,000,000 for each of fiscal years 2020 through 2025.
       (b) Operations and Activities.--The operations and 
     activities described in this subsection are the operations 
     and activities of the Department of Defense in support of any 
     other department or agency of the United States Government 
     solely for purposes of carrying out this title.
       (c) Supplement Not Supplant.--Amounts made available under 
     subsection (a) shall supplement and not supplant other 
     amounts available to carry out the operations and activities 
     described in subsection (b).

[[Page S3687]]

       (d) Notification Requirement.--Amounts authorized to be 
     appropriated by subsection (a) may not be obligated until 15 
     days after the date on which the President notifies the 
     appropriate committees of Congress of the President's 
     intention to obligate such funds.
       (e) Concurrence of Secretary of State.--Operations and 
     activities described in subsection (b) carried out with 
     foreign persons shall be conducted with the concurrence of 
     the Secretary of State.

     SEC. 1733. DEPARTMENT OF STATE FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State to carry out the 
     operations and activities described in subsection (b) 
     $25,000,000 for each of fiscal years 2020 through 2025.
       (b) Operations and Activities Described.--The operations 
     and activities described in this subsection are the 
     operations and activities of the Department of State in 
     carrying out this title.
       (c) Supplement Not Supplant.--Amounts authorized to be 
     appropriated by subsection (a) shall supplement and not 
     supplant other amounts available to carry out the operations 
     and activities described in subsection (b).
       (d) Notification Requirement.--Amounts authorized to be 
     appropriated by subsection (a) may not be obligated until 15 
     days after the date on which the President notifies the 
     appropriate committees of Congress of the President's 
     intention to obligate such funds.

     SEC. 1734. DEPARTMENT OF THE TREASURY FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the Treasury to carry 
     out the operations and activities described in subsection (b) 
     $25,000,000 for each of fiscal years 2020 through 2025.
       (b) Operations and Activities Described.--The operations 
     and activities described in this subsection are the 
     operations and activities of the Department of the Treasury 
     in carrying out this title.
       (c) Supplement Not Supplant.--Amounts authorized to be 
     appropriated by subsection (a) shall supplement and not 
     supplant other amounts available to carry out the operations 
     and activities described in subsection (b).
       (d) Notification Requirement.--Amounts authorized to be 
     appropriated by subsection (a) may not be obligated until 15 
     days after the date on which the President notifies the 
     appropriate committees of Congress of the President's 
     intention to obligate such funds.

     SEC. 1735. TERMINATION.

       The provisions of this title, and any sanctions imposed 
     pursuant to this title, shall terminate on the date that is 7 
     years after the date of the enactment of this Act.

     SEC. 1736. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authorities and requirements to impose 
     sanctions under this title shall not include the authority or 
     a requirement to impose sanctions on the importation of 
     goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

     SEC. 1737. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

       In this subtitle, the term ``appropriate committees of 
     Congress'' means--
       (1) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, the Select Committee on Intelligence, and the 
     Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Foreign Affairs, the 
     Permanent Select Committee on Intelligence, and the Committee 
     on Appropriations of the House of Representatives.
                                 ______
                                 
  SA 659. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle Aof title XVI, add the 
     following:

     SEC. 1617. ACQUISITION STRATEGY FOR CATEGORY C SPACE LAUNCH 
                   MISSIONS.

       (a) In General.--Not later than March 1, 2020, the 
     Secretary of the Air Force shall submit to the congressional 
     defense committees a plan for the acquisition of Category C 
     space launch services independently of the acquisition of 
     Category A and B missions. Category C missions shall be 
     filled by a mix of--
       (1) commercially available space launch vehicles; and
       (2) previously certified space launch vehicles.
       (b) Funding Authorized.--Of the funds authorized to be 
     appropriated in fiscal year 2020 for National Security Space 
     Launch, the Air Force may transfer up to $100,000,000 to 
     support the acquisition strategy required by subsection (a). 
     The Air Force shall, in the budget materials submitted to the 
     President by the Secretary of Defense in connection with the 
     submission to Congress of budget materials pursuant to 
     section 1105 of title 31, United States Code, use a separate, 
     dedicated line item for the procurement of Category C 
     missions.
       (c) Competition.--The Air Force shall use full and open 
     competition to the maximum extent practicable in the 
     acquisition of Category C space launch services.
       (d) Report Required.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     on the cost of constructing infrastructure in multiple 
     locations to meet Category C mission requirements in addition 
     to existing obstacles which prevent Category C missions from 
     being conducted out of a single location.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) current and previous funding by the Department of 
     Defense to establish launch sites to meet Category C 
     requirements; and
       (B) overflight concerns to meet Category C launches 
     including a strategy to mitigate these concerns.
                                 ______
                                 
  SA 660. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. STUDY AND REPORT ON THE FEASIBILITY AND 
                   ADVISABILITY OF CREATING A DEFENSE 
                   MICROELECTRONICS AGENCY.

       (a) Study and Report Required.--The Defense Science Board 
     shall--
       (1) conduct a study on--
       (A) the state of the microelectronics industrial base as it 
     relates to the Department of Defense;
       (B) implementation of the recommendations made by the 2005 
     Defense Science Board Task Force On High Performance 
     Microchip Supply;
       (C) assessment of where the assured microelectronics 
     mission of the Department should lie, in particular with 
     research and engineering or with acquisition and sustainment; 
     and
       (D) the feasibility and advisability of creating a Defense 
     Microelectronics Agency by elevating the existing Defense 
     Microelectronics activity and consolidating all related 
     functions under this agency; and
       (2) submit to the congressional defense committees a 
     report, in writing, on the findings of the Defense Science 
     Board with respect to the study conducted under paragraph 
     (1).
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) Acquisition of trusted microelectronic components.--(A) 
     Development of recommendations on how the Department of 
     Defense can develop a plan of action that encompasses both 
     short- and long-term technology, acquisition, and 
     manufacturing capabilities needed to assure ongoing 
     availability of supplies of trusted microelectronic 
     components.
       (B) Identification and characterization of the volume and 
     scope of microelectronics that require trusted sources.
       (2) Consolidation.--(A) Review all Department stakeholders 
     with decisionmaking or procurement authority for 
     microelectronics.
       (B) Determination of whether it is in the best interests of 
     national security to consolidate these efforts and designate 
     a single Department organization with responsibility to 
     maintain the focus on microelectronic capabilities available 
     to the Department.
       (c) Briefings.--Not later than May 1, 2020, the Defense 
     Science Board shall provide to the congressional defense 
     committees with one or more briefings on the status of the 
     study required by subsection (a)(1), including any 
     preliminary findings and recommendations of the Defense 
     Science Board as a result of the study as of the date of the 
     briefing.
                                 ______
                                 
  SA 661. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle A of title XVI, add the 
     following:

     SEC. 1617. ACCOUNTING FOR FULL INVESTMENT IN NATIONAL 
                   SECURITY SPACE LAUNCH PROGRAM.

       (a) In General.--In awarding any contract for space launch 
     services for the National Security Space Launch Program, or 
     any successor program, the Secretary of Defense shall ensure 
     that the total government investment in the development and 
     procurement of the launch services from Launch Services 
     Agreements is accounted for in determining the total 
     evaluated contract price.

[[Page S3688]]

       (b) Review Required.--Prior to the award of any launch 
     services contract under phase 2 of the National Security 
     Space Launch Program, the Secretary of Defense shall 
     determine whether the most cost-effective method of achieving 
     assured access to space is--
       (1) providing Federal funding to develop new launch 
     vehicles to compete for National Security Space Launch 
     contracts;
       (2) providing commercial space launch providers with 
     funding to adopt already available commercial space launch 
     vehicles to compete for National Security Space Launch 
     contracts; or
       (3) a hybrid approach that incentivizes commercial 
     providers to compete for launch services contracts.
       (c) Report to Congress.--Before the award of any contract 
     under phase 2 of the National Security Space Launch program, 
     the Secretary shall submit to the congressional defense 
     committees a report on the determination made under 
     subsection (b).
                                 ______
                                 
  SA 662. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1262. LIMITATION ON REMOVAL OF HUAWEI TECHNOLOGIES CO. 
                   LTD. FROM ENTITY LIST OF BUREAU OF INDUSTRY AND 
                   SECURITY.

       The Secretary of Commerce may not remove Huawei 
     Technologies Co. Ltd. (in this section referred to as 
     ``Huawei'') from the entity list maintained by the Bureau of 
     Industry and Security and set forth in Supplement No. 4 to 
     part 744 of title 15, Code of Federal Regulations, until the 
     Secretary certifies to Congress that--
       (1) neither Huawei nor any senior officers of Huawei have 
     engaged in actions in violation of sanctions imposed by the 
     United States or the United Nations in the 5-year period 
     preceding the certification;
       (2) Huawei has not engaged in theft of United States 
     intellectual property in that 5-year period;
       (3) Huawei does not pose an ongoing threat to United States 
     telecommunications systems or critical infrastructure; and
       (4) Huawei does not pose a threat to critical 
     infrastructure of allies of the United States.
                                 ______
                                 
  SA 663. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1412. REPORT RELATING TO RARE EARTH ELEMENTS.

       Not later than 270 days after the date of the enactment of 
     this Act, the Secretary of Energy, in consultation with the 
     Secretary of the Interior and the Secretary of Defense, shall 
     submit to Congress a report that assesses the viability and 
     necessity of using or developing new technologies to reduce 
     the reliance of the United States on imports of rare earth 
     elements, including through--
       (1) traditional extraction of such elements;
       (2) nontraditional corrosive extraction and refining of 
     such elements from ore and coal; and
       (3) nontraditional noncorrosive extraction and refining of 
     such elements from ore and coal.
                                 ______
                                 
  SA 664. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 729. REPORT ON RELIANCE BY DEPARTMENT OF DEFENSE ON 
                   PHARMACEUTICAL PRODUCTS FROM CHINA.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of Health and Human Services, 
     shall submit to the appropriate congressional committees a 
     classified report on the reliance by the Department of 
     Defense on imports of certain pharmaceutical products made in 
     part or in whole in China.
       (b) Elements.--The report required by subsection (a) 
     shall--
       (1) analyze the percent of pharmaceutical products made in 
     part or in whole in China, including--
       (A) drugs;
       (B) nonprescription drugs intended for human use;
       (C) active ingredients;
       (D) polymers used to build pharmaceutical products;
       (E) antibiotic drugs;
       (F) dietary supplements; and
       (G) any other pharmaceutical product, or its components, as 
     the Secretary considers appropriate;
       (2) assess the products identified under paragraph (1) to 
     determine--
       (A) whether the Department of Defense can procure the 
     product from other sources;
       (B) whether reliance by the Department of Defense on the 
     product is likely, or has significant potential, to be used 
     for a military, geopolitical, or economic advantage against 
     the United States;
       (C) if reliance on the product creates a risk for the 
     United States; and
       (D) what impact there would be if access to the product was 
     terminated; and
       (3) set forth recommendations to ensure that by 2025 no 
     pharmaceutical products purchased for beneficiaries of health 
     care from the Department of Defense or any associated program 
     are made in part or in whole in China.
       (c) Definitions.--In this section:
       (1) Antibiotic drug.--The term ``antibiotic drug'' has the 
     meaning given that term in section 201(jj) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 321(jj)).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Finance, and the Committee 
     on Health, Education, Labor, and Pensions of the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Ways and Means, 
     and the Committee on Energy and Commerce of the House of 
     Representatives.
       (3) Dietary supplement.--The term ``dietary supplement'' 
     has the meaning given that term in section 201(ff) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)).
       (4) Drug.--The term ``drug'' means a product subject to 
     regulation under section 505 or section 802 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 355 or 382) or under 
     section 351 of the Public Health Service Act (42 U.S.C. 262).
       (5) Nonprescription drug.--The term ``nonprescription 
     drug'' has the meaning given that term in section 760(a)(2) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     379aa(a)(2)).
                                 ______
                                 
  SA 665. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 333. SENSE OF CONGRESS ON BED DOWN OF CERTAIN AIRCRAFT 
                   AT TYNDALL AIR FORCE BASE.

       It is the sense of Congress that the Secretary of the Air 
     Force should--
       (1) bed down three F-35 squadrons and an MQ-9 Wing at 
     Tyndall Air Force Base; and
       (2) use innovative construction methods, materials, 
     designs, and technologies in carrying out such bed down in 
     order to achieve efficiencies, cost savings, resiliency, and 
     capability, which may include--
       (A) innovative and resistant basing that is highly 
     resilient to weather and natural disaster;
       (B) open architecture design to evolve with the national 
     defense strategy; and
       (C) efficient ergonomic enterprise for members of the Air 
     Force in the 21st century.
                                 ______
                                 
  SA 666. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 214.
                                 ______
                                 
  SA 667. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 542, strike lines 14 through 18, and insert the 
     following:
       ``(14) Coastal defense and anti-ship missile systems.'';
       (D) in paragraph (15), as so redesignated, by striking 
     ``paragraphs (1) through (13)'' and inserting ``paragraphs 
     (1) through (14)''; and

[[Page S3689]]

       (E) by adding at the end the following new paragraph:
       ``(17) Anti-air defense systems.'';
                                 ______
                                 
  SA 668. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1668. PROHIBITION ON USE OF FUNDS FOR LONG-RANGE 
                   STANDOFF WEAPON OR W80 WARHEAD LIFE EXTENSION 
                   PROGRAM.

       Notwithstanding any other provision of this Act or any 
     other provision of law, none of the funds authorized to be 
     appropriated for fiscal year 2020 for the Department of 
     Defense or the Department of Energy may be obligated or 
     expended for the research, development, test, and evaluation 
     or procurement of the long-range standoff weapon or for the 
     W80 warhead life extension program.
                                 ______
                                 
  SA 669. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 589. ATOMIC VETERANS SERVICE MEDAL.

       (a) Service Medal Required.--The Secretary of Defense shall 
     design and produce a military service medal, to be known as 
     the ``Atomic Veterans Service Medal'', to honor retired and 
     former members of the Armed Forces who are radiation-exposed 
     veterans (as such term is defined in section 1112(c)(3) of 
     title 38, United States Code).
       (b) Distribution of Medal.--
       (1) Issuance to retired and former members.--At the request 
     of a radiation-exposed veteran, the Secretary of Defense 
     shall issue the Atomic Veterans Service Medal to the veteran.
       (2) Issuance to next-of-kin.--In the case of a radiation-
     exposed veteran who is deceased, the Secretary may provide 
     for issuance of the Atomic Veterans Service Medal to the 
     next-of-kin of the person.
       (3) Application.--The Secretary shall prepare and 
     disseminate as appropriate an application by which radiation-
     exposed veterans and their next-of-kin may apply to receive 
     the Atomic Veterans Service Medal.
                                 ______
                                 
  SA 670. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ASSESSMENT OF VALUE OF SPEED IN CYBER THREAT 
                   DETECTION, ANALYSIS, AND REMEDIATION.

       (a) Assessment Required.--The Chief Information Officer of 
     the Department of Defense, in coordination with the Director 
     of the Defense Information Systems Agency, shall assess the 
     following:
       (1) The range of times required by adversaries to gain 
     access through a cyber attack on a Department of Defense 
     network, conduct reconnaissance on the network, acquired 
     privileged credentials for operating on the network, move 
     laterally in the network, and accomplish the goal of the 
     intrusion.
       (2) Trends over time in the speed with which adversaries 
     accomplish the steps listed in paragraph (1).
       (3) The range of times required by network defenders to 
     detect indications of the intrusion, analyze and characterize 
     the intrusion, and to remediate the intrusion.
       (4) The value of speed in detection, analysis, and 
     remediation of intrusions to effectively contain and defeat 
     adversaries from achieving their objectives.
       (5) The advisability of adopting response times as a metric 
     for assessing the performance of the capabilities of network 
     defenses and cybersecurity programs and operators and 
     institutionalizing relevant data collection and forensic 
     processes across the Department.
       (b) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Information Officer 
     shall brief the congressional defense committees on the 
     results of the assessment conducted under subsection (a) and 
     any actions that the Chief Information Officer intends to 
     take with respect to the outcome of the assessment.
                                 ______
                                 
  SA 671. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

           Subtitle H--Arms Control and Verification Efforts

     SEC. 1291. SHORT TITLE.

       This Act may be cited as the ``Save Arms control and 
     Verification Efforts Act of 2019'' or ``SAVE Act''.

     SEC. 1292. FINDINGS.

       Congress makes the following findings:
       (1) Every United States president since John F. Kennedy has 
     successfully concluded at least one agreement with Russia to 
     reduce nuclear dangers.
       (2) If the Intermediate Range Nuclear Forces Treaty is 
     terminated, and the New START Treaty is not extended, or a 
     new treaty is not negotiated and ratified before 2021, there 
     would be no legally binding, verifiable limits on the United 
     States or Russian nuclear arsenals for the first time since 
     1972.
       (3) For both the United States and the Russian Federation, 
     the New START Treaty's transparency and verification measures 
     provide invaluable insight into the size, capabilities, and 
     operations of both countries' nuclear forces beyond that 
     provided by more traditional intelligence collection and 
     assessment methods, helping create a mutually beneficial 
     environment of stability and predictability.
       (4) Former Republican and Democratic national security 
     leaders, including George Shultz, William Perry, Richard 
     Burt, Sam Nunn, Richard Lugar, and others, have expressed 
     support for a prompt decision to extend the New START Treaty.
       (5) United States military leaders continue to see value in 
     the New START Treaty, including Gen. John Hyten, Commander of 
     United States Strategic Command, who told Congress in March 
     2018 that ``bilateral, verifiable arms control agreements are 
     essential to our ability to provide an effective deterrent,'' 
     and testified before Congress in February 2019 that the New 
     START Treaty is important because it provides to the United 
     States ``a cap on [Russia's] strategic baseline nuclear 
     weapons, and their ballistic missiles, both submarine and 
     ICBM, as well as their bombers'' and ``just as important it 
     gives me insight through the verification regime to their 
     Russia's real capabilities''.
       (6) The United States NATO allies have consistently 
     expressed support for a decision by the United States and the 
     Russian Federation to extend New START before the scheduled 
     expiration date in 2021.
       (7) Russian President Vladimir Putin said in July 2018 that 
     ``I reassured President Trump that Russia stands ready to 
     extend this treaty, to prolong it, but we have to agree on 
     the specifics . . .''.
       (8) The Department of Defense Report on the Strategic 
     Nuclear Forces of the Russian Federation submitted pursuant 
     to section 1240 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1643) 
     determined that Russia ``would not be able to achieve a 
     militarily significant advantage by any plausible expansion 
     of its strategic nuclear forces, even in a cheating or 
     breakout scenario under the New START Treaty, primarily 
     because of the inherent survivability of the planned United 
     States strategic force structure, particularly the Ohio-class 
     ballistic missile submarines, a number of which are at sea at 
     any given time''.
       (9) For as long as it must exist, the United States nuclear 
     arsenal must be maintained and modernized in a cost-effective 
     manner to ensure it remains a safe, secure, and reliable 
     effective nuclear force that can continue to deter nuclear 
     attack on the United States and its allies, and so that the 
     United States can continue to pursue further verifiable 
     reduction in global nuclear stockpiles consistent with its 
     obligations under the Nuclear Nonproliferation Treaty.
       (10) The New START Treaty created a Bilateral Consultative 
     Commission to resolve issues related to implementation of the 
     New START Treaty, and Article II of the New START Treaty 
     states, ``When a Party believes that a new kind of strategic 
     offensive arm is emerging, that Party shall have the right to 
     raise the question of such a strategic offensive arm for 
     consideration in the Bilateral Consultative Commission.''

     SEC. 1293. SENSE OF SENATE.

       It is the sense of the Senate that--
       (1) extending the New START Treaty by a period of five 
     years is in the national security interest of the United 
     States, so long as the Russian Federation continues to meet 
     the central limits of the treaty;
       (2) the United States should immediately seek to begin 
     discussions with the Russian Federation on agreeing to a 5-
     year extension of the New START Treaty;
       (3) the United States should use the Bilateral Consultative 
     Commission mechanism within the New START Treaty to address 
     issues related to new Russian strategic nuclear weapons it 
     believes may fall under New START treaty limits;
       (4) extending the New START Treaty would facilitate efforts 
     by the United States to pursue additional arms control 
     efforts

[[Page S3690]]

     with the Russian Federation, including efforts to address the 
     Russian Federation's nonstrategic nuclear weapons and 
     emerging technologies such as hypersonic weapons;
       (5) the United States should resume more regular talks on 
     strategic stability with Russia, as well as additional 
     bilateral and multilateral arms control efforts worldwide to 
     address a changing global security environment; and
       (6) extending the New START Treaty would facilitate efforts 
     by the United States to engage with the People's Republic of 
     China to reduce dangers associated with its nuclear arsenal, 
     which is fundamentally different than the Russian 
     Federation's and requires a separate, focused arms control 
     effort.

     SEC. 1294. CERTIFICATIONS IN EVENT NEW START TREATY IS NOT 
                   EXTENDED.

       Not later than 90 days after the date of the enactment of 
     this Act, and every 180 days thereafter, if the parties to 
     the New START Treaty have not completed the procedures 
     outlined in the treaty and its related protocols and annexes 
     to extend the treaty's effective date by up to five years 
     beyond February 5, 2021--
       (1) the President, the Secretary of Defense, and the 
     Secretary of State shall separately submit to the appropriate 
     congressional committees a justification for why New START 
     has not been extended and a certification that the absence of 
     an extension of the treaty is in the national security 
     interest of the United States; and
       (2) the Director of National Intelligence shall submit to 
     the appropriate congressional committees--
       (A) an intelligence community-coordinated assessment of why 
     the New START Treaty has not been extended;
       (B) a certification that the absence of an extension of the 
     treaty is in the national security interest of the United 
     States; and
       (C)(i) a certification that the United States is not losing 
     intelligence insight into the Russian Federation's strategic 
     nuclear program; or
       (ii) a report detailing how the Director of National 
     Intelligence and the intelligence community will account for 
     any lost intelligence capabilities.

     SEC. 1295. NATIONAL INTELLIGENCE ESTIMATE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate congressional 
     committees a National Intelligence Estimate, consisting of an 
     unclassified executive summary and judgments and a more 
     detailed, classified report on the Russian Federation's 
     compliance with the New START Treaty and the impact to the 
     intelligence collection capabilities of the United States if 
     the New START Treaty and its related information exchanges 
     and associated inspections regimes were to lapse. The report 
     shall include the following elements:
       (1) A description of the Russian Federation's compliance 
     with the New START Treaty.
       (2) An assessment of the Russian Federation's intentions 
     with regard to extending the New START Treaty.
       (3) A description of the intelligence collection benefits 
     gained as a result of the ratification and implementation of 
     the New START Treaty.
       (4) An assessment of what specific capabilities the United 
     States intelligence community would have to develop and 
     deploy to ensure that no loss of collection capability would 
     occur in the event of the lapse of the New START Treaty.
       (5) A cost estimate and estimated timeline for developing 
     these new or additional capabilities, and a description of 
     how new intelligence gathering requirements related to the 
     Russian Federation's nuclear forces may affect other United 
     States intelligence gathering needs.
       (6) An assessment of projections for Russian Federation 
     nuclear and non-nuclear force size, structure, and 
     composition with the New START Treaty limitations in place 
     and without the limitations in place.
       (7) An assessment of Russian Federation actions, 
     intentions, and likely responses to the United States 
     withdrawing from, suspending its obligations under, or 
     allowing to lapse the New START Treaty and subsequently 
     developing platforms and weapons beyond the New START 
     Treaty's limitations.
       (b) Briefings.--The Director of National Intelligence shall 
     brief the appropriate congressional committees on the 
     elements set forth in subsection (a) when the National 
     Intelligence Estimate is submitted under such subsection and 
     every 120 days thereafter.

     SEC. 1296. REPORTING REQUIREMENTS.

       (a) Department of Defense.--
       (1) Report on expected force structure changes in event of 
     treaty lapse.--Not later than 90 days after the date of the 
     enactment of this Act, and not later than February 5, 2021, 
     if the New START Treaty is allowed to lapse, the Secretary of 
     Defense shall submit to the appropriate congressional 
     committees a report discussing changes to the expected force 
     structure of the United States Armed Forces if the New START 
     Treaty is no longer in place and estimating the expected 
     costs necessary to make such changes.
       (2) Report on impacts to modernization plan.--Not later 
     than 90 days after the date of the enactment of this Act, and 
     not later than February 5, 2021, if the New START Treaty is 
     allowed to lapse, the Secretary of Defense and the Secretary 
     of Energy shall jointly submit to the appropriate 
     congressional committees a report on how the current program 
     of record to replace and upgrade United States nuclear 
     weapons delivery systems and warheads, which anticipates the 
     continued existence of the New START Treaty, would be 
     modified without the existence of the New START Treaty. The 
     report shall include 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) and shall include--
       (A) a separate 10-year cost estimate from the Department of 
     Defense to implement a nuclear sustainment plan that does and 
     does not anticipate the continued existence of the New START 
     Treaty, including possible costs associated with conversion 
     or uploading of strategic delivery vehicles and warheads;
       (B) a separate 10-year cost estimate from the Department of 
     Energy to implement a nuclear sustainment and modernization 
     plan that does and does not anticipate the continued 
     existence of the New START Treaty, including uploading 
     warheads previously withdrawn from service;
       (C) a description of how the absence of the New START 
     Treaty limits would impact the schedule and cost of 
     Department of Energy's Stockpile Stewardship management plan; 
     and
       (D) an assessment of the potential impacts on how these 
     changes will impact the Department of Energy's nuclear 
     weapons complex.
       (b) Department of State.--Not later than 90 days after the 
     date of the enactment of this Act, and not later than 
     February 5, 2021, if the New START Treaty is allowed to 
     lapse, the Secretary of State shall submit to the appropriate 
     congressional committees a report on the likely foreign 
     policy implications of and potential impacts to United States 
     diplomatic relations if the New START Treaty lapses. The 
     report shall include the following elements:
       (1) An assessment of the likely reactions of the North 
     Atlantic Treaty Organization (NATO) and NATO member 
     countries, United States allies, Asia, and each permanent 
     member of the United Nations Security Council.
       (2) A description of the expected impacts on the Nuclear 
     Nonproliferation Treaty and the ability of the United States 
     to key nonproliferation objectives.
       (3) A description of the risks posed to the long-term 
     health of the Nuclear Nonproliferation Treaty in the absence 
     of United States-Russia bilateral nuclear arms control 
     agreements and dialogue.
       (c) Presidential Report on Strategic Arms Control 
     Strategy.--Not later than February 5, 2020, the President 
     shall submit to the appropriate congressional committees a 
     report including--
       (1) a 5-year strategy for future strategic arms control 
     agreements with the Russian Federation;
       (2) an update on the status of any current discussions that 
     may be in progress at time of report; and
       (3) a description of other United States bilateral and 
     multilateral arms control efforts globally.

     SEC. 1297. PROHIBITION ON INCREASES IN CERTAIN WARHEADS, 
                   MISSILES, AND LAUNCHERS.

       (a) Prohibition.--
       (1) In general.--If either of the conditions in paragraph 
     (2) occurs, the United States Government may not, except as 
     provided under subsection (b), obligate or expend any funds 
     to--
       (A) increase above 1,550 the number of United States 
     warheads operationally deployed on launchers for ICBMs, 
     SLBMs, and heavy bombers;
       (B) increase above 700 the number of deployed 
     Intercontinental Ballistic Missiles (ICBMs), Submarine-
     Launched Ballistic Missiles (SLBMs), and heavy bombers; or
       (C) increase above 800 the number of deployed and non-
     deployed ICBM launchers, SLBM launchers, and heavy bombers,

     as such terms are defined and such systems are counted in the 
     New START Treaty.
       (2) Conditions.--The conditions referred to in paragraph 
     (1) are as follows:
       (A) The President initiates United States withdrawal from 
     the New START Treaty in accordance with the procedures 
     outlined in the New START Treaty and its related protocols 
     and annexes.
       (B) As of February 5, 2021, the parties to the New START 
     Treaty have not completed the procedures outlined in the New 
     START Treaty and its related protocols and annexes to extend 
     the Treaty's effective date to February 5, 2026.
       (C) The President takes one or more actions to suspend 
     United States obligations outlined in the New START Treaty 
     and its related protocols and annexes.
       (b) Exceptions.--The prohibition under subsection (a) shall 
     not be in effect if all of the following conditions are met:
       (1) The President, the Secretary of State, the Secretary of 
     Defense, the Secretary of Energy, and the Director of 
     National Intelligence jointly certify that the Russian 
     Federation is, in a way that is militarily significant--
       (A) increasing above 1,550 the number of the Russian 
     Federation's strategic warheads operationally deployed on 
     launchers for Intercontinental Ballistic Missiles (ICBMs), 
     Submarine-Launched Ballistic Missiles (SLBMs), and heavy 
     bombers;

[[Page S3691]]

       (B) increasing above 700 the number of deployed ICBMs, 
     SLBMs, and heavy bombers; or
       (C) increasing above 800 the number of deployed and non-
     deployed ICBM launchers, SLBM launchers, and heavy bombers,
     as such terms are defined and such systems are counted in the 
     New START Treaty and its related protocols and annexes.
       (2) The President, the Director of National Intelligence, 
     the Secretary of State, the Secretary of Energy, and the 
     Secretary of Defense certify that it is in the national 
     security interest of the United States to exceed prohibition 
     limits.
       (3) The Secretary of Defense and the Secretary of Energy 
     submit to the appropriate congressional committees a report 
     with 10-year cost projections related to increasing the 
     number of United States nuclear warheads, delivery vehicles, 
     and systems as covered by the New START Treaty and its 
     related protocols and annexes.
       (4) The Director of National Intelligence submits to the 
     appropriate congressional committees a National Intelligence 
     Estimate of Russian actions, intentions, and likely responses 
     to the United States exceeding these specified caps.
       (5) The Secretary of State, the Secretary of Defense, the 
     Secretary of Energy, and the Director of National 
     Intelligence provide briefings to the appropriate 
     congressional committees about the certifications and reports 
     submitted under paragraphs (1) though (4).
       (6) There is not enacted, within 60 days after each of the 
     conditions in paragraphs (1) through (5) having been met, a 
     joint resolution of disapproval that continues the 
     prohibition on funding levels under subsection (a).
       (c) Sunset.--The prohibition under subsection (a) shall 
     expire on February 5, 2026.

     SEC. 1298. FORM OF REPORTS AND CERTIFICATIONS.

       If any report or certification required under this subtitle 
     is submitted in classified form, an unclassified version 
     shall also be submitted at the same time.

     SEC. 1299. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees defined.--The term 
     ``appropriate congressional committees'' means all members 
     of--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Select Committee on Intelligence, and the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Permanent Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Intermediate range nuclear forces treaty.--The term 
     ``Intermediate Range Nuclear Forces Treaty'' means the Treaty 
     between the United States of America and the Union of Soviet 
     Socialist Republics on the Elimination of Their Intermediate-
     Range and Shorter-Range Missiles, together with the 
     Memorandum of Understanding and Two Protocols, signed at 
     Washington December 8, 1987, and entered into force June 1, 
     1988.
       (3) New start treaty.--The term ``New START Treaty'' means 
     the Treaty between the United States of America and the 
     Russian Federation on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed April 8, 2010, 
     and entered into force February 5, 2011.
       (4) Nuclear nonproliferation treaty.--The term ``Nuclear 
     Nonproliferation Treaty'' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, signed at Washington July 
     1, 1968 (commonly known as the ``NPT'').
                                 ______
                                 
  SA 672. Mr. CARPER (for himself and Mr. Kaine) submitted an amendment 
intended to be proposed by him to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1290. LIMITATIONS AND CONDITIONS ON AUTHORITY OF 
                   PRESIDENT TO MODIFY CERTAIN DUTY RATES AND 
                   IMPOSE CERTAIN DUTIES OR OTHER IMPORT 
                   RESTRICTIONS.

       (a) Limitation on Authority of President to Modify Duty 
     Rates for National Security Reasons.--
       (1) Authority to modify duty rates for national security 
     reasons.--Notwithstanding any other provision of law and 
     except as provided in paragraph (3), the President may 
     proclaim a new or additional national security duty on an 
     article imported into the United States only if--
       (A) the President, not later than 30 calendar days after 
     making the national security determination that is the basis 
     for the new or additional duty, submits to the International 
     Trade Commission the duty proposal, including--
       (i) a description of each article for which the President 
     recommends a new or additional duty;
       (ii) the proposed new or additional duty rate; and
       (iii) the proposed duration of that rate;
       (B) the President, not later than 15 calendar days after 
     submitting the duty proposal under subparagraph (A), submits 
     to Congress a request for authorization to modify duty rates 
     in accordance with that duty proposal, including--
       (i) a report by the Secretary of Defense explaining why the 
     proposal is in the interest of national security; and
       (ii) a report by the International Trade Commission 
     assessing the likely impact of the proposal on the economy of 
     the United States as a whole and specific industry sectors;
       (C) the President consults with the Committee on Finance 
     and the Committee on Armed Services of the Senate and the 
     Committee on Ways and Means and the Committee on Armed 
     Services of the House of Representatives regarding the duty 
     proposal under subparagraph (A), including--
       (i) the short-term and long-term goals of the proposal;
       (ii) an action plan to achieve those goals; and
       (iii) plans to consult with officials of countries impacted 
     by the proposal to resolve any issues relating to the 
     proposal; and
       (D) a joint resolution of approval under paragraph (2) is 
     enacted.
       (2) Joint resolution of approval.--
       (A) Joint resolution of approval defined.--In this 
     paragraph, the term ``joint resolution of approval'' means a 
     joint resolution the sole matter after the resolving clause 
     of which is as follows: ``That Congress authorizes the 
     President to proclaim duty rates as set forth in the request 
     of the President on ___________'', with the blank space being 
     filled with the date of the request submitted under paragraph 
     (1)(B).
       (B) Introduction.--A joint resolution of approval may be 
     introduced in either House of Congress by any Member during 
     the 15-legislative day period beginning on the date on which 
     the President submits to Congress the material set forth in 
     paragraph (1)(B).
       (C) Expedited procedures.--The provisions of subsections 
     (b) through (f) of section 152 of the Trade Act of 1974 (19 
     U.S.C. 2192) apply to a joint resolution of approval to the 
     same extent that such subsections apply to joint resolutions 
     under such section 152.
       (D) Rules of house of representatives and senate.--This 
     paragraph is enacted by Congress--
       (i) 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 that House in the case of a joint resolution of 
     approval, and supersedes other rules only to the extent that 
     it is inconsistent with such rules; and
       (ii) 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.
       (3) Exception for urgent action.--Notwithstanding the 
     requirements of paragraph (1), the President may proclaim a 
     new or additional national security duty for one period of 
     120 calendar days if the President determines that urgent 
     action is necessary--
       (A) to address a national emergency;
       (B) for the prevention or mitigation of, or to respond to, 
     loss of life or property;
       (C) to address an imminent threat to health or safety;
       (D) for the enforcement of criminal laws; or
       (E) for national security.
       (4) National security duty defined.--In this subsection, 
     the term ``national security duty'' means the following:
       (A) A duty proclaimed pursuant to--
       (i) section 232 of the Trade Expansion Act of 1962 (19 
     U.S.C. 1862);
       (ii) the Trading with the Enemy Act (50 U.S.C. 4301 et 
     seq.); or
       (iii) the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.).
       (B) A duty proclaimed pursuant to any other provision of 
     law if in reports or other public statements regarding the 
     duty the President or another cabinet-level official 
     identifies national security as a significant reason for 
     proclaiming the duty.
       (b) Conditions on Use of Authority by United States Trade 
     Representative to Impose Duties or Other Import 
     Restrictions.--
       (1) In general.--Section 301(c) of the Trade Act of 1974 
     (19 U.S.C. 2411(c)) is amended by adding at the end the 
     following:
       ``(7)(A) The Trade Representative may take action pursuant 
     to paragraph (1)(B) only if--
       ``(i) the Trade Representative submits to the International 
     Trade Commission a proposal for duties or other import 
     restrictions under that paragraph, including--
       ``(I) a description of each article covered by that 
     proposal;
       ``(II) the proposed new or additional duty rate; and
       ``(III) the proposed duration of that rate;
       ``(ii) the Trade Representative submits to Congress a 
     notification of intent to impose duties or import 
     restrictions under that paragraph, including--
       ``(I) the proposal submitted under clause (i); and
       ``(II) a report by the International Trade Commission 
     assessing the likely impact of the proposal on the economy of 
     the United States as a whole and specific industry sectors;
       ``(iii) after submitting the notification under clause 
     (ii), the Trade Representative consults with the Committee on 
     Finance of

[[Page S3692]]

     the Senate and the Committee on Ways and Means of the House 
     of Representatives and, if the proposal affects agricultural 
     products, the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate and the Committee on Agriculture of 
     the House of Representatives;
       ``(iv) a period of 60 calendar days, beginning on the date 
     on which the Trade Representative has completed consultations 
     under clause (iii), has passed; and
       ``(v) no disapproval resolution under subparagraph (B) is 
     passed during the period described in clause (iv).
       ``(B)(i) In this subparagraph, the term `disapproval 
     resolution' means a joint resolution the sole matter after 
     the resolving clause of which is as follows: `That 
     implementation of the proposal by the Trade Representative to 
     impose duties or other import restrictions submitted to 
     Congress on ________________ is not in the interest of the 
     United States.', with the blank space being filled with the 
     date on which the Trade Representative submitted to Congress 
     the material described in subsection (A)(ii).
       ``(ii) Paragraph (2) of section 106(b) of the Bipartisan 
     Congressional Trade Priorities and Accountability Act of 2015 
     (19 U.S.C. 4205(b)) applies to a disapproval resolution under 
     this subparagraph to the same extent that such paragraph 
     applies to a procedural disapproval resolution under such 
     section 106(b).''.
       (2) Conforming amendment.--Paragraph (1)(B) of such section 
     is amended by inserting ``subject to paragraph (7),'' before 
     ``impose duties''.
                                 ______
                                 
  SA 673. Mr. BENNET (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 12__. MODIFICATION OF SEMIANNUAL REPORT ON ENHANCING 
                   SECURITY AND STABILITY IN AFGHANISTAN.

       Paragraph (1) of section 1225(b) of the Carl Levin and 
     Howard P. ``Buck'' McKeon National Defense Authorization Act 
     for Fiscal Year 2015 (Public Law 113-291; 127 Stat. 3550) is 
     amended--
       (1) in the paragraph heading by inserting ``and taking into 
     account the august 2017 strategy of the united states'' after 
     ``2014''; and
       (2) in subparagraph (B)--
       (A) by striking the period at the end and inserting a 
     semicolon;
       (B) by striking ``in the assessment of any such'' and 
     inserting ``in the assessment of--
       ``(i) any such''; and
       (C) by adding at the end the following new clauses:
       ``(ii) the United States counterterrorism mission; and
       ``(iii) efforts by the Department of Defense to support 
     reconciliation efforts and develop conditions for the 
     expansion of the reach of the Government of Afghanistan 
     throughout Afghanistan.''.
                                 ______
                                 
  SA 674. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, insert the 
     following:

     SEC. 1272. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES 
                   WITH CERTAIN BENEFICIAL OWNERSHIP STRUCTURES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Commerce, in 
     consultation with the heads of appropriate agencies, shall 
     submit to the appropriate congressional committees a report 
     on addressing the threat or potential threat posed by the 
     export, reexport, or in-country transfer of satellites 
     described in section 1261(c)(1) of the National Defense 
     Authorization Act for Fiscal Year 2013 (Public Law 112-239; 
     22 U.S.C. 2778 note) to entities described in subsection (b).
       (b) Entities Described.--
       (1) In general.--An entity described in this subsection is 
     an entity the beneficial owner of which is--
       (A) an individual who is a citizen or national of a country 
     described in section 1261(c)(2) of the National Defense 
     Authorization Act for Fiscal Year 2013;
       (B) an entity organized under the laws of or otherwise 
     subject to the jurisdiction of such a country;
       (C) the government of such a country; or
       (D) any other individual or entity the Secretary determines 
     may detrimentally affect the national security of the United 
     States.
       (2) Determination of beneficial ownership.--For purposes of 
     paragraph (1), the Secretary shall identify a person as the 
     beneficial owner of an entity--
       (A) in a manner that is not less stringent than the manner 
     set forth in section 240.13d-3 of title 17, Code of Federal 
     Regulations (as in effect on the date of the enactment of 
     this Act); and
       (B) based on a threshold, to be determined by the 
     Secretary, based on an assessment of whether the person's 
     position would give the person an opportunity to control the 
     use of a satellite described in section 1261(c)(1) of the 
     National Defense Authorization Act for Fiscal Year 2013 and 
     exported, reexported, or transferred in country to the 
     entity.
       (c) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An evaluation of whether satellites described in 
     section 1261(c)(1) of the National Defense Authorization Act 
     for Fiscal Year 2013 have been exported, reexported, or 
     transferred in-country, directly or indirectly, to entities 
     described in subsection (b).
       (2) An examination of the effect on national security of 
     the potential export, reexport, or in-country transfer of 
     satellites in compliance with section 1261(c) of the National 
     Defense Authorization Act for Fiscal Year 2013 in 
     circumstances in which the services, bandwidth, or functions 
     of the satellites could subsequently be leased or sold to, or 
     otherwise used by, an entity described in subsection (b).
       (3) An examination of the effect on national security of 
     not limiting the export, reexport, or in-country transfer of 
     such satellites to entities described in subsection (b).
       (4) Recommendations for, and an assessment of the 
     effectiveness of, a licensing condition that would prohibit 
     or limit the export, reexport, or in-country transfer of such 
     satellites to, or the use of such satellites by, entities 
     described in subsection (b).
       (5) An assessment, based on realistic and justifiable 
     assumptions and forecasts, of the economic implications of 
     and potential harm caused by a licensing condition described 
     in paragraph (4) on the United States industries that develop 
     or produce satellites and commercial telecommunications 
     equipment that do not have direct national security ties, 
     including any costs identified under paragraph (3).
       (6) An evaluation of the resources necessary to ensure the 
     ability of the Bureau of Industry and Security of the 
     Department of Commerce--
       (A) to adequately identify and analyze the beneficial 
     owners of entities in decisions relating to--
       (i) issuing licenses for the export, reexport, or in-
     country transfer of such satellites to such entities; or
       (ii) the ultimate end uses and end-users of such 
     satellites; and
       (B) when evaluating such a decision--
       (i) to have full knowledge of the potential end-user of the 
     satellite and the current beneficial owner of the entity; and
       (ii) to be able to determine whether issuing the license 
     would be inconsistent with the goal of preventing entities 
     described in subsection (b) from accessing or using such 
     satellites.
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Energy and Commerce, the 
     Committee on Foreign Affairs, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
                                 ______
                                 
  SA 675. Mr. BENNET (for himself and Mr. Gardner) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 324. PAYMENTS TO STATES FOR THE TREATMENT OF 
                   PERFLUOROOCTANE SULFONIC ACID AND 
                   PERFLUOROOCTANOIC ACID IN DRINKING WATER.

       (a) In General.--The Secretary of the Air Force shall pay a 
     local water authority located in the vicinity of an 
     installation of the Air Force, or a State in which the local 
     water authority is located, for the treatment of 
     perfluorooctane sulfonic acid and perfluorooctanoic acid in 
     drinking water from the wells owned and operated by the local 
     water authority to attain the lifetime health advisory level 
     for such acids established by the Environmental Protection 
     Agency and in effect on October 1, 2017.
       (b) Eligibility for Payment.--To be eligible to receive 
     payment under subsection (a)--
       (1) a local water authority or State, as the case may be, 
     must--

[[Page S3693]]

       (A) request such a payment from the Secretary of the Air 
     Force for reimbursable expenses not already covered under a 
     cooperative agreement entered into by the Secretary relating 
     to treatment of perfluorooctane sulfonic acid and 
     perfluorooctanoic acid contamination before the date on which 
     funding is made available to the Secretary for payments 
     relating to such treatment; and
       (B) upon acceptance of such a payment, waive all legal 
     causes of action arising under chapter 171 of title 28, 
     United States Code (commonly known as the ``Federal Tort 
     Claims Act''), and any other Federal tort liability statute 
     for expenses for treatment and mitigation of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid incurred before 
     January 1, 2018, and otherwise covered under this section;
       (2) the elevated levels of perfluorooctane sulfonic acid 
     and perfluorooctanoic acid in the water must be the result of 
     activities conducted by or paid for by the Department of the 
     Air Force; and
       (3) treatment or mitigation of such acids must have taken 
     place during the period beginning on January 1, 2016, and 
     ending on the day before the date of the enactment of this 
     Act.
       (c) Agreements.--
       (1) In general.--The Secretary of the Air Force may enter 
     into such agreements with a local water authority or State as 
     the Secretary considers necessary to implement this section.
       (2) Use of memorandum of agreement.--The Secretary of the 
     Air Force may use the applicable Defense State Memorandum of 
     Agreement to pay amounts under subsection (a) that would 
     otherwise be eligible for payment under that agreement were 
     those costs paid using amounts appropriated to the 
     Environmental Restoration Account, Air Force, established 
     under section 2703(a)(4) of title 10, United States Code.
       (3) Payment without regard to existing agreements.--Payment 
     may be made under subsection (a) to a State or a local water 
     authority in that State without regard to existing agreements 
     relating to environmental response actions or indemnification 
     between the Department of the Air Force and that State.
       (d) Limitation.--Any payment made under subsection (a) may 
     not exceed the actual cost of treatment of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid resulting from the 
     activities conducted by or paid for by the Department of the 
     Air Force.
       (e) Availability of Amounts.--Of the amounts appropriated 
     to the Department of Defense for Operation and Maintenance, 
     Air Force, $10,000,000 shall be available to carry out this 
     section.
                                 ______
                                 
  SA 676. Mr. SCHUMER (for himself, Mr. Cotton, Mrs. Gillibrand, Mr. 
Van Hollen, and Mr. Cardin) submitted an amendment intended to be 
proposed by him to the bill S. 1790, to authorize appropriations for 
fiscal year 2020 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) Senior Chief Petty Officer Shannon M. Kent was born in 
     Owego, New York.
       (2) Senior Chief Petty Officer Kent enlisted in the United 
     States Navy on December 10, 2003.
       (3) Senior Chief Petty Officer Kent was fluent in four 
     languages and four dialects of Arabic.
       (4) Senior Chief Petty Officer Kent served five combat 
     tours throughout 15 years of service in the Navy.
       (5) On January 16, 2019, at 35 years of age, Senior Chief 
     Petty Officer Kent was killed in a suicide bombing in Manbij, 
     Syria, while supporting Joint Task Force-Operation Inherent 
     Resolve.
       (6) Senior Chief Petty Officer Kent was the recipient of 
     the Bronze Star, the Purple Heart, two Joint Service 
     Commendation Medals, the Navy and Marine Corps Commendation 
     Medal, the Army Commendation Medal, and the Joint Service 
     Achievement Medal, among other decorations and awards.
       (7) Senior Chief Petty Officer Kent was among the first 
     women to deploy with Special Operations Forces and was the 
     first female to graduate from the hard skills program for 
     non-SEALs.
       (8) Senior Chief Petty Officer Kent is survived by her 
     husband and two children.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Navy should name the next available 
     naval vessel appropriate for such name in honor of Senior 
     Chief Petty Officer Shannon Kent.
                                 ______
                                 
  SA 677. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 12__. STATEMENT OF POLICY AND SENSE OF SENATE ON MUTUAL 
                   DEFENSE TREATY WITH THE REPUBLIC OF THE 
                   PHILIPPINES.

       (a) Statement of Policy.--It is the policy of the United 
     States that--
       (1) while the United States has long adopted an approach 
     that takes no position on the ultimate disposition of the 
     disputed sovereignty claims in the South China Sea, disputing 
     States should--
       (A) resolve their disputes peacefully without the threat or 
     use of force; and
       (B) ensure that their maritime claims are consistent with 
     international law; and
       (2) an attack on the armed forces, public vessels, or 
     aircraft of the Republic of the Philippines in the Pacific, 
     including the South China Sea, would trigger the mutual 
     defense obligations of the United States under Article IV of 
     the Mutual Defense Treaty between the Republic of the 
     Philippines and the United States of America, done at 
     Washington August 30, 1951, ``to meet common dangers in 
     accordance with its constitutional processes''.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of State and the Secretary of Defense should--
       (1) affirm the commitment of the United States to the 
     Mutual Defense Treaty between the United States and the 
     Republic of the Philippines;
       (2) preserve and strengthen the alliance of the United 
     States with the Republic of the Philippines;
       (3) prioritize efforts to develop a shared understanding of 
     alliance commitments and defense planning; and
       (4) provide appropriate support to the Republic of the 
     Philippines to strengthen the self-defense capabilities of 
     the Republic of the Philippines, particularly in the maritime 
     domain.
                                 ______
                                 
  SA 678. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 811. DOCUMENTATION OF MARKET RESEARCH RELATED TO 
                   COMMERCIAL ITEM DETERMINATIONS.

       Section 3307(d) of title 41, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) Agencies shall document the results of market 
     research in a manner appropriate to the size and complexity 
     of the acquisition.''.
                                 ______
                                 
  SA 679. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. ROYALTIES FOR MINING; ABANDONED MINE RECLAMATION 
                   FEES; LIMITATION ON PATENTS.

       (a) In General.--Production of all locatable minerals, 
     including any minerals identified by the Secretary of 
     Commerce or the Secretary of the Interior as critical 
     minerals, from any mining claim located under the general 
     mining laws shall be subject to a royalty established by the 
     Secretary of the Interior by regulation of not less than 5 
     percent, and not more than 8 percent, of the gross income 
     from mining for production of all locatable minerals.
       (b) Abandoned Mine Land Reclamation Fee.--Each operator of 
     a hardrock minerals mining operation shall pay to the 
     Secretary of the Interior a reclamation fee in an amount 
     established by the Secretary of the Interior by regulation of 
     not less than 1 percent, and not more than 3 percent, of the 
     value of the production from the hardrock minerals mining 
     operation for each calendar year.
       (c) Limitation on Patents.--
       (1) Determinations required.--No patent shall be issued by 
     the United States for any mining claim, millsite, or tunnel 
     site located under the general mining laws unless the 
     Secretary of the Interior determines that--
       (A) a patent application was filed with the Secretary of 
     the Interior with respect to the claim not later than 
     September 30, 1994; and
       (B) all requirements applicable to the patent application 
     under law were fully complied with by the date described in 
     subparagraph (A).
       (2) Right to patent.--
       (A) In general.--Subject to subparagraph (B) and 
     notwithstanding paragraph (3), if the

[[Page S3694]]

     Secretary of the Interior makes the determinations under 
     subparagraphs (A) and (B) of paragraph (1) with respect to a 
     mining claim, millsite, or tunnel site, the claim holder 
     shall be entitled to the issuance of a patent in the same 
     manner and degree to which the claim holder would have been 
     entitled to a patent before the date of enactment of this 
     Act.
       (B) Withdrawal.--The claim holder shall not be entitled to 
     the issuance of a patent if the determinations under 
     subparagraphs (A) and (B) of paragraph (1) are withdrawn or 
     invalidated by the Secretary of the Interior or, on review, 
     by a court of the United States.
       (3) Repeal.--Section 2325 of the Revised Statutes (30 
     U.S.C. 29) is repealed.
                                 ______
                                 
  SA 680. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1247. BRIEFING ON DETERRENCE OF OPPORTUNISTIC AGGRESSION 
                   BY THE RUSSIAN FEDERATION AGAINST BALTIC 
                   ALLIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Joint Chiefs of Staff, shall submit to 
     the congressional defense committees a briefing on the 
     following:
       (1) The deterrence of opportunistic aggression by the 
     Russian Federation against one or more Baltic allies in the 
     case of engagement of the Armed Forces in a conflict with the 
     People's Republic of China.
       (2) The deterrence of opportunistic aggression by the 
     Russian Federation against one or more Baltic allies in the 
     case of engagement of the Armed Forces in a conflict with the 
     Democratic People's Republic of Korea.
       (3) The deterrence of opportunistic aggression by the 
     Russian Federation against one or more Baltic allies in the 
     case of engagement of the Armed Forces in a conflict with 
     Iran.
       (b) Matters To Be Included.--The briefing under subsection 
     (a) shall include, for each scenario described in paragraphs 
     (1) through (3) of that subsection, the following:
       (1) A description of the requirements to deter such 
     opportunistic aggression.
       (2) A description of the requirements to restore deterrence 
     against the Russian Federation in the case of such 
     opportunistic aggression.
       (3) An assessment of the ability of the Department of 
     Defense to meet the requirements described under paragraphs 
     (1) and (2) at current resource levels.
       (4) Recommendations to ensure that the Department will be 
     able to meet any such requirement that the Department is 
     unable to meet as of the date of the enactment of this Act.
                                 ______
                                 
  SA 681. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1262. BRIEFING ON DETERRENCE OF OPPORTUNISTIC AGGRESSION 
                   BY THE PEOPLE'S REPUBLIC OF CHINA AGAINST 
                   TAIWAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     collaboration with the Joint Chiefs of Staff, shall provide 
     to the congressional defense committees a briefing on the 
     following:
       (1) The deterrence of opportunistic aggression by the 
     People's Republic of China against Taiwan in the case of 
     engagement of the Armed Forces in a conflict with the Russian 
     Federation.
       (2) The deterrence of opportunistic aggression by the 
     People's Republic of China against Taiwan in the case of 
     engagement of the Armed Forces in a conflict with the 
     Democratic People's Republic of Korea.
       (3) The deterrence of opportunistic aggression by the 
     People's Republic of China against Taiwan in the case of 
     engagement of the Armed Forces in a conflict with Iran.
       (b) Matters To Be Included.--The briefing under subsection 
     (a) shall include, for each scenario described in paragraphs 
     (1) through (3) of that subsection, the following:
       (1) A description of the requirements to deter such 
     opportunistic aggression.
       (2) A description of the requirements to restore deterrence 
     against the People's Republic of China in the case of such 
     opportunistic aggression.
       (3) An assessment of the ability of the Department of 
     Defense to meet the requirements described under paragraphs 
     (1) and (2) at current resource levels.
       (4) Recommendations to ensure that the Department will be 
     able to meet any such requirement that the Department is 
     unable to meet as of the date of the enactment of this Act.
                                 ______
                                 
  SA 682. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1262. REPORT ON IMPROVEMENTS TO DETERRENCE EFFORTS WITH 
                   RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, Secretary of Defense, in 
     consultation with the Commander of the United States Indo-
     Pacific Command, shall submit to the congressional defense 
     committees a report detailing efforts to improve the ability 
     of the Armed Forces and allied and partner military forces to 
     deny the ability of the People's Republic of China to execute 
     a fait accompli against Taiwan.
       (b) Matter to Be Included.--The report under subsection (a) 
     shall identify prioritized requirements for further improving 
     the ability of the Armed Forces and allied and partner 
     military forces to deny the ability of the People's Republic 
     of China to execute a fait accompli against Taiwan.
       (c) Form.--The report under subsection (a) shall--
       (1) be submitted in classified form; and
       (2) include an unclassified summary appropriate for release 
     to the public.
       (d) Fait Accompli Defined.--In this section, the term 
     ``fait accompli'' means a scenario in which the People's 
     Republic of China uses force to rapidly seize territory of 
     Taiwan and subsequently threatens further escalation, 
     potentially including use of nuclear weapons, to deter an 
     effective response by the Armed Forces and allied and partner 
     military forces.
                                 ______
                                 
  SA 683. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 12__. REPORT ON IMPROVEMENTS TO DETERRENCE EFFORTS WITH 
                   RESPECT TO THE RUSSIAN FEDERATION.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Commander of the United States European 
     Command, shall submit to the congressional defense committees 
     a report detailing efforts to improve the ability of the 
     Armed Forces and North Atlantic Treaty Organization forces to 
     deny the ability of the Russian Federation to execute a fait 
     accompli against one or more Baltic allies.
       (b) Matter to Be Included.--The report under subsection (a) 
     shall identify prioritized requirements for further improving 
     the ability of the Armed Forces and North Atlantic Treaty 
     Organization forces to deny the ability of the Russian 
     Federation to execute a fait accompli against one or more 
     Baltic allies.
       (c) Form.--The report under subsection (a) shall--
       (1) be submitted in classified form; and
       (2) include an unclassified summary appropriate for release 
     to the public.
       (d) Fait Accompli Defined.--In this section, the term 
     ``fait accompli'' means a scenario in which the Russian 
     Federation uses force to rapidly seize territory of one or 
     more Baltic allies and subsequently threatens further 
     escalation, potentially including use of nuclear weapons, to 
     deter an effective response by the Armed Forces and North 
     Atlantic Treaty Organization forces.
                                 ______
                                 
  SA 684. Ms. COLLINS (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed by her to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON APPRENTICESHIPS AND ON-THE-JOB TRAINING 
                   FOR MEMBERS OF THE ARMED FORCES AND VETERANS.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     collaboration with the Secretary of Veterans Affairs and 
     Secretary of Labor, shall submit to the appropriate 
     committees of Congress a report on

[[Page S3695]]

     the efforts of the Department of Defense to promote the 
     utilization of apprenticeships and on-the-job training by 
     members of the Armed Forces transitioning from service in the 
     Armed Forces to civilian life.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of outreach efforts to members of the 
     Armed Forces with respect to the job training, employment 
     skills training, apprenticeships, internships, and 
     SkillBridge initiatives of the Department, including 
     recommendations by the Secretary of Defense on ways in which 
     such efforts could be improved.
       (2) An assessment of utilization rates of the initiatives 
     referred to in paragraph (1), disaggregated by military 
     department.
       (3) An explanation of efforts undertaken by the Secretary 
     of Defense to coordinate and collaborate with the Secretary 
     of Veterans Affairs with respect to apprenticeships and on-
     the-job training in order to maximize utilization of job 
     training and education programs provided under laws 
     administered by either the Secretary of Defense or the 
     Secretary of Veterans Affairs, including efforts to highlight 
     apprenticeship and on-the-job training opportunities in the 
     Transition Assistance Program.
       (4) Recommendations for legislative or administrative 
     action to improve awareness, access, and utilization of 
     apprenticeships and on-the-job training programs by members 
     of the Armed Forces and veterans who have recently 
     transitioned from service in the Armed Forces to civilian 
     life.
       (c) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional defense committees;
       (2) the Committee on Health, Education, Labor, and Pensions 
     and the Committee on Veterans' Affairs of the Senate; and
       (3) Committee on Education and Labor and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                 ______
                                 
  SA 685. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 811. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL 
                   DEVELOPMENT DECISIONS.

       (a) Timeline.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     update existing guidance for analyses of alternatives 
     conducted pursuant to a materiel development decision for a 
     major defense acquisition program to incorporate the 
     following:
       (1) Study completion within nine months.
       (2) Study guidance issued by the Director, Cost Assessment 
     and Program Evaluation of a scope designed to provide for 
     reasonable completion of the study within the nine-month 
     period.
       (3) Procedures for waiver of the timeline requirements of 
     this subsection on a case-by-case basis if--
       (A) the subject of the analysis is of extreme technical 
     complexity;
       (B) collection of additional intelligence is required to 
     inform the analysis;
       (C) insufficient technical expertise is available to 
     complete the analysis; or
       (D) the Secretary determines that there other sufficient 
     reasons for delay of the analysis.
       (b) Reporting.--If an analysis of alternatives cannot be 
     completed within the allotted time, or a waiver is used, the 
     Secretary shall report to the congressional defense 
     committees the following information:
       (1) For a waiver, the basis for use of the waivers, 
     including the reasons why the study cannot be completed 
     within the allotted time.
       (2) For a study estimated to take more than nine months--
       (A) an estimate of when the analysis will be completed;
       (B) an estimate of any additional costs to complete the 
     analysis; and
       (C) other relevant information pertaining to the analysis 
     and its completion.
                                 ______
                                 
  SA 686. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PILOT PROGRAM TO IMPROVE PUBLIC-PRIVATE 
                   CYBERSECURITY OPERATIONAL COLLABORATION.

       (a) Definitions.--In this section--
       (1) the term ``appropriate congressional committees and 
     leadership'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on the Judiciary, the 
     Committee on Armed Services, the Select Committee on 
     Intelligence, the Committee on Foreign Relations, the 
     majority leader, and the minority leader of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives, the Committee on the Judiciary, the 
     Committee on Armed Services, the Permanent Select Committee 
     on Intelligence, the Committee on Foreign Affairs, the 
     Speaker, and the minority leader of the House of 
     Representatives;
       (2) the term ``appropriate Federal agencies'' means--
       (A) the Department of Homeland Security; and
       (B) any other agency, as determined by the Secretary;
       (3) the term ``collaboration effort'' means an effort 
     undertaken by the appropriate Federal agencies and 1 or more 
     non-Federal entities under the pilot program in order to 
     carry out the purpose of the pilot program;
       (4) the term ``critical infrastructure'' has the meaning 
     given that term in section 1016(e) of the USA PATRIOT Act (42 
     U.S.C. 5195c(e));
       (5) the term ``cybersecurity provider'' means a non-Federal 
     entity that provides cybersecurity services to another non-
     Federal entity;
       (6) the term ``cybersecurity threat'' means a cybersecurity 
     threat, as defined in section 102 of the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1501), that 
     affects--
       (A) the national security of the United States; or
       (B) critical infrastructure in the United States;
       (7) the term ``malicious cyber actor'' means an entity that 
     poses a cybersecurity threat;
       (8) the term ``non-Federal entity'' has the meaning given 
     the term in section 102 of the Cybersecurity Information 
     Sharing Act of 2015 (6 U.S.C. 1501); and
       (9) the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (b) Establishment; Purpose.--Not later than 60 days after 
     the date of enactment of this Act, the Secretary, in 
     consultation with the heads of the appropriate Federal 
     agencies, may establish a pilot program under which the 
     appropriate Federal agencies, as coordinated and facilitated 
     by the Secretary, may identify and partner with nonprofit 
     cybersecurity organizations capable of enabling near real-
     time information sharing of cybersecurity threats among 
     cybersecurity providers in order to coordinate and magnify 
     Federal and non-Federal efforts to prevent or disrupt 
     cybersecurity threats or malicious cyber actors, by, as 
     appropriate--
       (1) sharing information relating to potential actions by 
     the Federal Government against cybersecurity threats or 
     malicious cyber actors with non-Federal entities;
       (2) facilitating joint planning between the appropriate 
     Federal agencies and non-Federal entities relating to 
     cybersecurity threats or malicious cyber actors; and
       (3) synchronizing activities of the Federal Government 
     against cybersecurity threats or malicious cyber actors of--
       (A) the non-Federal entities with which information is 
     shared under paragraph (1); and
       (B) the non-Federal entities with which joint planning is 
     carried out under paragraph (2).
       (c) Federal Coordination.--The Secretary shall facilitate 
     all Federal coordination, planning, and action relating to 
     the pilot program.
       (d) Annual Reports to Appropriate Congressional Committees 
     and Leadership.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and each year thereafter, the 
     Secretary shall submit to the appropriate congressional 
     committees and leadership a report on the collaboration 
     efforts carried out during the year for which the report is 
     submitted, which shall include--
       (A) a statement of the total number collaboration efforts 
     carried out during the year;
       (B) with respect to each collaboration effort carried out 
     during the year--
       (i) a statement of--

       (I) the identity of any malicious cyber actor that, as a 
     result of a cybersecurity threat that the malicious cyber 
     actor engaged in or was likely to engage in, was a subject of 
     the collaboration effort;
       (II) the responsibilities under the collaboration effort of 
     each appropriate Federal agency and each non-Federal entity 
     that participated in the collaboration effort; and
       (III) whether the goal of the collaboration effort was 
     achieved; and

       (ii) a description of how each appropriate Federal agency 
     and each non-Federal entity that participated in the 
     collaboration effort collaborated in carrying out the 
     collaboration effort; and
       (C) a description of--
       (i) the ways in which the collaboration efforts carried out 
     during the year--

       (I) were successful; and
       (II) could have been improved; and

       (ii) how the Secretary will improve collaboration efforts 
     carried out on or after the date on which the report is 
     submitted.
       (2) Form.--Any report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (e) Termination.--The pilot program shall terminate on the 
     date that is 3 years after the date of enactment of this Act.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to--

[[Page S3696]]

       (1) authorize a non-Federal entity to engage in any 
     activity in violation of section 1030(a) of title 18, United 
     States Code; or
       (2) limit an appropriate Federal agency or a non-Federal 
     entity from engaging in a lawful activity.
                                 ______
                                 
  SA 687. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

   Subtitle H--Eastern Mediterranean Security and Energy Partnership

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Eastern Mediterranean 
     Security and Energy Partnership Act of 2019''.

     SEC. 1292. FINDINGS.

       Congress makes the following findings:
       (1) The security of partners and allies in the Eastern 
     Mediterranean region is critical to the security of the 
     United States and Europe.
       (2) Greece is a valuable member of the North Atlantic 
     Treaty Organization (NATO) and a key pillar of stability in 
     the Eastern Mediterranean.
       (3) Israel is a steadfast ally of the United States and has 
     been designated a ``major non-NATO ally'' and ``major 
     strategic partner''.
       (4) Cyprus is a key strategic partner and signed a 
     Statement of Intent with the United States on November 6, 
     2018, to enhance bilateral security cooperation.
       (5) The countries of Greece, Cyprus, and Israel have 
     participated in critical trilateral summits to improve 
     cooperation on energy and security issues.
       (6) Secretary of State Mike Pompeo participated in the 
     trilateral summit among Israel, Greece, and Cyprus on March 
     20, 2019.
       (7) All four countries oppose any action in the Eastern 
     Mediterranean and the Aegean Sea that could challenge 
     stability, violate international law, or undermine good 
     neighborly relations, and in a joint declaration on March 21, 
     2019, agreed to ``defend against external malign influences 
     in the Eastern Mediterranean and the broader Middle East''.
       (8) The recent discovery of potentially the region's 
     largest natural gas field off the Egyptian coast and the 
     newest discoveries of natural gas off the Cypriot coast could 
     represent a significant positive development for the Eastern 
     Mediterranean and the Middle East, enhancing the region's 
     strategic energy significance.
       (9) Turkish government officials have expressed an intent 
     to purchase the S-400 system from the Russian Federation, 
     which could trigger the imposition of mandatory sanctions 
     under the Countering America's Adversaries Through Sanctions 
     Act (Public Law 115-44).
       (10) It is in the national security interests of the United 
     States to promote, achieve, and maintain energy security 
     among, and through cooperation with, allies.
       (11) Natural gas developments in the Eastern Mediterranean 
     have the potential to provide economic gains and contribute 
     to energy security in the region and Europe, as well as 
     support European efforts to diversify away from natural gas 
     supplied by the Russian Federation.
       (12) The soon to be completed Trans Adriatic Pipeline is a 
     critical component of the Southern Gas Corridor and the 
     European Union's efforts to diversify energy resources.
       (13) The proposed Eastern Mediterranean pipeline if 
     commercially viable would provide for energy diversification 
     in accordance with the European Union's third energy package 
     of reforms.
       (14) The United States acknowledges the achievements and 
     importance of the Binational Industrial Research and 
     Development Foundation (BIRD) and the United States-Israel 
     Binational Science Foundation (BSF) and supports continued 
     multiyear funding to ensure the continuity of the programs of 
     the Foundations.
       (15) The United States has welcomed Greece's allocation of 
     2 percent of its gross domestic product (GDP) to defense in 
     accordance with commitments made at the 2014 NATO Summit in 
     Wales.
       (16) Energy exploration in the Eastern Mediterranean region 
     must be safeguarded against threats posed by terrorist and 
     extremist groups, including Hezbollah and any other actor in 
     the region.
       (17) The energy exploration in the Republic of Cyprus's 
     Exclusive Economic Zone and territorial waters--
       (A) furthers United States interests by providing a 
     potential alternative to Russian gas for United States allies 
     and partners; and
       (B) should not be impeded by other sovereign states.
       (18) The United States Government cooperates closely with 
     the Government of the Republic of Cyprus through information 
     sharing agreements.
       (19) United States officials have assisted the Government 
     of the Republic of Cyprus with crafting that nation's 
     national security strategy.
       (20) The United States Government provides training to 
     Cypriot officials in areas such as cybersecurity, 
     counterterrorism, and explosive ordnance disposal and 
     stockpile management.
       (21) The Republic of Cyprus is a valued member of the 
     Proliferation Security Initiative to combat the trafficking 
     of weapons of mass destruction.
       (22) The Republic of Cyprus continues to work closely with 
     the United Nations and regional partners in Europe to combat 
     terrorism and violent extremism.
       (23) Despite robust economic and security relations with 
     the United States, the Republic of Cyprus has been subject to 
     a United States prohibition on the export of defense articles 
     and services since 1987.
       (24) The 1987 arms prohibition was designed to restrict 
     United States arms sales and transfer to the Republic of 
     Cyprus and the occupied part of Cyprus to avoid hindering 
     reunification efforts.
       (25) At least 40,000 Turkish troops are stationed in the 
     occupied part of Cyprus with some weapons procured from the 
     United States through mainland Turkey.
       (26) While the United States has, as a matter of policy, 
     avoided the provision of defense articles and services to the 
     Republic of Cyprus, the Government of Cyprus has, in the 
     past, sought to obtain defense articles from other countries, 
     including countries, such as Russia, that pose challenges to 
     United States interests around the world.

     SEC. 1293. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to continue to actively participate in the trilateral 
     dialogue on energy, maritime security, cyber security and 
     protection of critical infrastructure conducted among Israel, 
     Greece and Cyprus;
       (2) to support diplomatic efforts with partners and allies 
     to deepen energy security cooperation among Greece, Cyprus, 
     and Israel and to encourage the private sector to make 
     investments in energy infrastructure in the Eastern 
     Mediterranean region;
       (3) to strongly support the completion of the Trans 
     Adriatic and Eastern Mediterranean Pipelines and the 
     establishment of liquified natural gas (LNG) terminals across 
     the Eastern Mediterranean as a means of diversifying regional 
     energy needs away from the Russian Federation;
       (4) to maintain a robust United States naval presence and 
     investments in the naval facility at Souda Bay, Greece and 
     develop deeper security cooperation with the latter to 
     include the recent MQ-9 deployments to the Larissa Air Force 
     Base and United States Army helicopter training in central 
     Greece;
       (5) to welcome Greece's commitment to move forward with the 
     Interconnector Greece-Bulgaria (IGB pipeline) and additional 
     LNG terminals that will help facilitate delivery of non-
     Russian gas to the Balkans and central Europe;
       (6) to support deepened security cooperation with the 
     Republic of Cyprus through the removal of the arms embargo on 
     the country;
       (7) to support robust International Military Education and 
     Training (IMET) programming with Greece and the Republic of 
     Cyprus;
       (8) to leverage relationships within the European Union to 
     encourage investments in Cypriot border and maritime 
     security;
       (9) to support efforts to counter Russian Federation 
     Government interference and influence in the Eastern 
     Mediterranean through increased security cooperation with 
     Greece, Cyprus, and Israel, to include intelligence sharing, 
     cyber, and maritime domain awareness;
       (10) to support the Republic of Cyprus efforts to regulate 
     its banking industry to ensure that it is not used as a 
     source of international money laundering and encourages 
     additional measures toward that end;
       (11) to strongly oppose any actions that would trigger 
     mandatory sanctions pursuant to section 231 of the Countering 
     America's Adversaries Through Sanctions Act (CAATSA) (Public 
     Law 115-44), to include the purchase by Turkey of an S-400 
     system from the Russian Federation;
       (12) to continue robust official strategic engagement with 
     Israel, Greece, and Cyprus;
       (13) to urge countries in the region to deny port services 
     to the Russian Federation vessels deployed to support the 
     government of Bashar Al-Assad in Syria;
       (14) to support joint military exercises among Israel, 
     Greece, and Cyprus;
       (15) to fully implement relevant CAATSA provisions to 
     prevent interference by the Government of the Russian 
     Federation in the region;
       (16) to support efforts by countries in the region to 
     demobilize military equipment supplied by the Government of 
     the Russian Federation in favor of equipment provided by NATO 
     and NATO-allied member countries; and
       (17) to strongly support the active and robust 
     participation of Israel, Cyprus, and Greece in the Combating 
     Terrorism Fellowship Program.

     SEC. 1294. UNITED STATES-EASTERN MEDITERRANEAN ENERGY 
                   COOPERATION.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Energy, may enter into cooperative 
     agreements supporting and enhancing dialogue and planning 
     involving international partnerships between the United 
     States and Israel, Greece, and Cyprus.
       (b) Annual Reports.--If the Secretary of State, in 
     consultation with the Secretary of Energy, enters into 
     agreements authorized

[[Page S3697]]

     under subsection (a), the Secretary shall submit an annual 
     report to the appropriate congressional committees that 
     describes--
       (1) actions taken to implement such agreements; and
       (2) any projects undertaken pursuant to such agreements.
       (c) United States-eastern Mediterranean Energy Center.--The 
     Secretary of Energy, in consultation with the Secretary of 
     State, may establish a joint United States-Eastern 
     Mediterranean Energy Center in the United States leveraging 
     the experience, knowledge, and expertise of institutions of 
     higher education and entities in the private sector, among 
     others, in offshore energy development to further dialogue 
     and collaboration to develop more robust academic cooperation 
     in energy innovation technology and engineering, water 
     science, technology transfer, and analysis of emerging 
     geopolitical implications, which include opportunities as 
     well as crises and threats from foreign natural resource and 
     energy acquisitions.

     SEC. 1295. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON 
                   THE UNITED STATES MUNITIONS LIST TO THE 
                   REPUBLIC OF CYPRUS.

       (a) Sense of the Senate on Cyprus.--It is the sense of the 
     Senate that--
       (1) allowing for the export, re-export, or transfer of arms 
     subject to the United States Munitions List (part 121 of 
     title 22, Code of Federal Regulations) to the Republic of 
     Cyprus would advance United States security interests in 
     Europe by helping to reduce the dependence of the Government 
     of the Republic of Cyprus on other countries, including 
     countries that pose challenges to United States interests 
     around the world, for defense-related materiel; and
       (2) it is in the interest of the United States--
       (A) to continue to support United Nations-facilitated 
     efforts toward a comprehensive solution to the division of 
     Cyprus; and
       (B) for the Republic of Cyprus to join NATO's Partnership 
     for Peace program.
       (b) Modification of Prohibition.--Section 620C(e) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended 
     by adding at the end the following new paragraph:
       ``(3) The requirement under paragraph (1) shall not apply 
     to any sale or other provision of any defense article or 
     service to Cyprus if the end-user of such defense article or 
     service is the Republic of Cyprus.''.
       (c) Exclusion of the Government of the Republic of Cyprus 
     From Certain Related Regulations.--Beginning on the date of 
     the enactment of this Act, the Secretary of State shall not 
     apply a policy of denial for exports, re-exports, or 
     transfers of defense articles and defense services destined 
     for the Republic of Cyprus if--
       (1) the request is made by or on behalf of the Republic of 
     Cyprus; and
       (2) the end-user of such defense articles or defense 
     services is the Republic of Cyprus.
       (d) Limitations on the Transfer of Articles on the United 
     States Munitions List to the Republic of Cyprus.--
       (1) In general.--The policy of denial for exports, re-
     exports, or transfers of defense articles on the United 
     States Munitions List to the Republic of Cyprus shall remain 
     in place unless the President determines and certifies to the 
     appropriate committees of Congress not less than annually 
     that--
       (A) the Government of the Republic of Cyprus is continuing 
     to cooperate with the United States Government in efforts to 
     implement reforms on anti-money laundering regulations and 
     financial regulatory oversight; and
       (B) the Government of the Republic of Cyprus has made and 
     is continuing to take the steps necessary to deny Russian 
     military vessels access to ports for refueling and servicing.
       (2) Waiver.--The President may waive the limitations 
     contained in this subsection for one fiscal year if the 
     President determines that it is essential to the national 
     security interests of the United States to do so.
       (3) Appropriate committees of congress defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.

     SEC. 1296. IMET COOPERATION WITH GREECE AND CYPRUS.

       There is authorized to be appropriated for fiscal year 2020 
     $2,000,000 for International Military Education and Training 
     (IMET) assistance for Greece and $2,000,000 for such 
     assistance for Cyprus. The assistance shall be made available 
     for the following purposes:
       (1) Training of future leaders.
       (2) Fostering a better understanding of the United States.
       (3) Establishing a rapport between the United States 
     military and the country's military to build alliances for 
     the future.
       (4) Enhancement of interoperability and capabilities for 
     joint operations.
       (5) Focusing on professional military education.
       (6) Enabling countries to use their national funds to 
     receive a reduced cost for other Department of Defense 
     education and training.
       (7) Provision of English Language Training assistance.

     SEC. 1297. FOREIGN MILITARY FINANCING.

       There is authorized to be appropriated for fiscal year 2020 
     $3,000,000 for Foreign Military Financing (FMF) assistance 
     for Greece to assist the country in meeting its commitment as 
     a member of the North Atlantic Treaty Organization (NATO) to 
     dedicate 20 percent of its defense budget to enhance research 
     and development.

     SEC. 1298. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY.

       (a) In General.--Except as provided under subsection (b), 
     no funds may be obligated or expended--
       (1) to transfer, facilitate the transfer, or authorize the 
     transfer of, an F-35 aircraft to the Republic of Turkey;
       (2) to transfer intellectual property or technical data 
     necessary for or related to any maintenance or support of the 
     F-35 aircraft; or
       (3) to construct a storage facility for, or otherwise 
     facilitate the storage in Turkey of, an F-35 aircraft 
     transferred to Turkey.
       (b) Exception.--The President may waive the limitation 
     under subsection (a) upon a written certification to Congress 
     that the Government of Turkey does not plan or intend to 
     accept delivery of the S-400 air defense system.
       (c) Transfer Defined.--In this section, the term 
     ``transfer'' includes the physical relocation outside of the 
     continental United States.
       (d) Applicability.--The limitation under subsection (a) 
     does not apply to F-35 aircraft operated by the United States 
     Armed Forces.

     SEC. 1299. SENSE OF THE SENATE ON PURCHASE BY TURKEY OF S-400 
                   AIR DEFENSE SYSTEM.

       It is the sense of the Senate that, if the Government of 
     Turkey purchases the S-400 air defense system from the 
     Russian Federation--
       (1) such a purchase would constitute a significant 
     transaction within the meaning of section 231(a) of the 
     Countering Russian Influence in Europe and Eurasia Act of 
     2017 (22 U.S.C. 9525(a));
       (2) such a purchase would endanger the integrity of the 
     NATO alliance;
       (3) such a purchase would adversely affect ongoing 
     operations of the United States Armed Forces, including 
     coalition operations in which the United States Armed Forces 
     participate;
       (4) such a purchase would result in a significant impact to 
     defense cooperation between the United States and Turkey;
       (5) such a purchase would significantly increase the risk 
     of compromising United States defense systems and operational 
     capabilities; and
       (6) the President should faithfully execute the Countering 
     Russian Influence in Europe and Eurasia Act of 2017 by 
     imposing and applying sanctions under section 235 of that Act 
     (22 U.S.C. 9529) with respect to any individual or entity 
     determined to have engaged in such a significant transaction.

     SEC. 1299A. STRATEGY ON UNITED STATES SECURITY AND ENERGY 
                   COOPERATION IN THE EASTERN MEDITERRANEAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense and the Secretary 
     of Energy, shall submit to the appropriate congressional 
     committees a strategy on enhanced security and energy 
     cooperation with countries in the Eastern Mediterranean 
     region, including Israel, Cyprus, and Greece.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of United States participation in and 
     support for the Eastern Mediterranean Natural Gas Forum.
       (2) An evaluation of all possible delivery mechanisms into 
     Europe for natural gas discoveries in the Eastern 
     Mediterranean region.
       (3) An evaluation of efforts to protect energy exploration 
     infrastructure in the region, including United States 
     companies.
       (4) An assessment of the capacity of Cyprus to host an 
     Energy Crisis Center in the region which could provide basing 
     facilities in support search and rescue efforts in the event 
     of an accident.
       (5) An assessment of the timing of natural gas delivery in 
     the region as well as assessment of the ultimate destination 
     countries for the natural gas delivery from the region.
       (6) A plan to work with United States businesses seeking to 
     invest in Eastern Mediterranean energy exploration, 
     development, and cooperation.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 1299B. REPORT ON RUSSIAN FEDERATION MALIGN INFLUENCE IN 
                   THE EASTERN MEDITERRANEAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     on Russian Federation malign influence in Cyprus, Greece, and 
     Israel since January 1, 2017.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of security, political, and energy goals 
     of the Government of the Russian Federation in the Eastern 
     Mediterranean.
       (2) A description of energy projects of the Government of 
     the Russian Federation in the Eastern Mediterranean.
       (3) A listing of Russian national ownership of media 
     outlets in these countries, including the name of the media 
     outlet, approximate viewership, and assessment of whether the 
     outlet promotes pro-Kremlin views.

[[Page S3698]]

       (4) An assessment of military engagement by the Government 
     of the Russian Federation in the security sector, including 
     engagement by military equipment and personnel contractors.
       (5) An assessment of efforts supported by the Government of 
     the Russian Federation to influence elections in the three 
     countries, through the use of cyber attacks, social media 
     campaigns, or other malign influence techniques.
       (6) An assessment of efforts by the Government of the 
     Russian Federation to intimidate and influence the decision 
     by His All Holiness Ecumenical Patriarch Bartholomew, leader 
     of 300,000,000 Orthodox Christians worldwide, to grant 
     autocephaly to the Ukrainian Orthodox Church.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 1299C. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE 
                   EXCLUSIVE ECONOMIC ZONE OF CYPRUS AND AIRSPACE 
                   OF GREECE.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense and the Secretary 
     of Energy, shall submit to the appropriate congressional 
     committees a report listing incidents of interference in 
     efforts by the Republic of Cyprus to explore and exploit 
     natural resources in its Exclusive Economic Zone and 
     violations of the airspace of the sovereign territory of 
     Greece.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A listing of incidents since January 1, 2017, 
     determined by the Secretary of State to interfere in efforts 
     by the Republic of Cyprus to explore and exploit natural 
     resources in its Exclusive Economic Zone.
       (2) A listing of incidents since January 1, 2017, 
     determined by the Secretary of State to be violations of the 
     airspace of Greece by its neighbors.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 1299D. APPROPRIATE CONGRESSIONAL COMMITTEES.

       In this subtitle, the term ``appropriate congressional 
     committees means'' the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 688. Mr. LEE (for himself, Mr. Crapo, and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GREATER SAGE-GROUSE PROTECTION AND RECOVERY.

       (a) Purposes.--The purposes of this section are--
       (1) to facilitate implementation of State management plans 
     over a period of multiple, consecutive greater sage-grouse 
     life cycles; and
       (2) to demonstrate the efficacy of the State management 
     plans for the protection and recovery of the greater sage-
     grouse.
       (b) Definitions.--In this section:
       (1) Federal resource management plan.--The term ``Federal 
     resource management plan'' means--
       (A) a land use plan prepared by the Bureau of Land 
     Management for public land pursuant to section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712); and
       (B) a land and resource management plan prepared by the 
     Forest Service for National Forest System land pursuant to 
     section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604).
       (2) Greater sage-grouse.--The term ``greater sage-grouse'' 
     means a sage-grouse of the species Centrocercus urophasianus.
       (3) State management plan.--The term ``State management 
     plan'' means a State-approved plan for the protection and 
     recovery of the greater sage-grouse.
       (c) Protection and Recovery of Greater Sage-grouse.--
       (1) Endangered species act of 1973 findings.--
       (A) Delay required.--The Secretary of the Interior may not 
     modify or invalidate the finding of the Director of the 
     United States Fish and Wildlife Service announced in the 
     proposed rule entitled ``Endangered and Threatened Wildlife 
     and Plants; 12-Month Finding on a Petition to List Greater 
     Sage-Grouse (Centrocercus urophasianus) as an Endangered or 
     Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015)) 
     during the period beginning on the date of enactment of this 
     Act and ending on September 30, 2029.
       (B) Effect on other laws.--The delay required under 
     subparagraph (A) is and shall remain effective without regard 
     to any other statute, regulation, court order, legal 
     settlement, or any other provision of law or in equity.
       (C) Effect on conservation status.--The conservation status 
     of the greater sage-grouse shall be considered not to warrant 
     listing of the greater sage-grouse as an endangered species 
     or threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) during the period beginning on 
     the date of enactment of this Act and ending on September 30, 
     2029.
       (2) Coordination of federal land management and state 
     conservation and management plans.--
       (A) Prohibition on withdrawal and modification of federal 
     resource management plans.--On notification by the Governor 
     of a State with a State management plan, the Secretary of the 
     Interior and the Secretary of Agriculture may not make, 
     modify, or extend any withdrawal or amend or otherwise modify 
     any Federal resource management plan applicable to Federal 
     land in the State in a manner inconsistent with the State 
     management plan for, as specified by the Governor in the 
     notification, a period of not fewer than 5 years beginning on 
     the date of the notification.
       (B) Retroactive effect.--In the case of any State that 
     provides notification under subparagraph (A), if any 
     withdrawal was made, modified, or extended or any amendment 
     or modification of a Federal resource management plan 
     applicable to Federal land in the State was issued after June 
     1, 2014, and the withdrawal, amendment, or modification 
     altered the management of the greater sage-grouse or the 
     habitat of the greater sage-grouse--
       (i) implementation and operation of the withdrawal, 
     amendment, or modification shall be stayed to the extent that 
     the withdrawal, amendment, or modification is inconsistent 
     with the State management plan; and
       (ii) the Federal resource management plan, as in effect 
     immediately before the withdrawal, amendment, or 
     modification, shall apply instead with respect to the 
     management of the greater sage-grouse and the habitat of the 
     greater sage-grouse, to the extent consistent with the State 
     management plan.
       (C) Determination of inconsistency.--Any disagreement 
     regarding whether a withdrawal, amendment, or other 
     modification of a Federal resource management plan is 
     inconsistent with a State management plan shall be resolved 
     by the Governor of the affected State.
       (3) Relation to national environmental policy act of 
     1969.--With regard to any major Federal action consistent 
     with a State management plan, any findings, analyses, or 
     conclusions regarding the greater sage-grouse and the habitat 
     of the greater sage-grouse under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) shall not have a preclusive effect on the 
     approval or implementation of the major Federal action in 
     that State.
       (4) Reporting requirement.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter 
     through 2029, the Secretary of the Interior and the Secretary 
     of Agriculture shall jointly submit to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     describing the implementation by the Secretaries of, and the 
     effectiveness of, systems to monitor the status of greater 
     sage-grouse on Federal land under the jurisdiction of the 
     Secretaries.
       (5) Judicial review.--Notwithstanding any other provision 
     of law (including regulations), this subsection, including 
     any determination made under paragraph (2)(C), shall not be 
     subject to judicial review.

     SEC. __. REMOVAL OF ENDANGERED SPECIES STATUS FOR AMERICAN 
                   BURYING BEETLE.

       Notwithstanding the final rule of the United States Fish 
     and Wildlife Service entitled ``Endangered and Threatened 
     Wildlife and Plants; Determination of Endangered Status for 
     the American Burying Beetle'' (54 Fed. Reg. 29652 (July 13, 
     1989)), the American burying beetle may not be listed as a 
     threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
                                 ______
                                 
  SA 689. Mr. LEE (for himself and Mr. Romney) submitted an amendment 
intended to be proposed by him to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. __. LAND CONVEYANCE, HILL AIR FORCE BASE, OGDEN, UTAH.

       (a) Conveyance Required.--The Secretary of the Air Force 
     may convey, for no monetary consideration, to the State of 
     Utah or a designee of the State of Utah (in this section 
     referred to as the ``State'') all right, title, and interest 
     of the United States in and to a parcel of real property, 
     including improvements thereon, consisting of approximately 
     35 acres located at Hill Air Force Base commonly known as the 
     ``Defense Nontactical Generator and Rail Center'' and such 
     real property adjacent to the Center as the parties consider 
     to be appropriate, for the purpose of permitting the State to 
     construct a new interchange for Interstate 15.
       (b) Condition Precedent.--The conveyance authorized by 
     subsection (a) shall be contingent upon the relocation of the 
     Defense Nontactical Generator and Rail Center.

[[Page S3699]]

       (c) Termination and Reentry.--If the State does not meet 
     the conditions required under subsection (d) by the date that 
     is five years after the date of the conveyance authorized by 
     subsection (a), the Secretary of the Air Force may terminate 
     such conveyance and reenter the property.
       (d) Consideration and Conditions of Conveyance.--In 
     consideration of and as a condition to the conveyance 
     authorized by subsection (a), the State shall agree to the 
     following:
       (1) Not later than two years after the conveyance, the 
     State shall, at no cost to the United States Government--
       (A) demolish all improvements and associated infrastructure 
     existing on the property; and
       (B) conduct environmental cleanup and remediation of the 
     property, as required by law and approved by the Utah 
     Department of Environmental Quality, for the planned 
     redevelopment and use of the property.
       (2) Not later than three years after the completion of the 
     cleanup and remediation under paragraph (1)(B), the State, at 
     no cost to the United States Government, shall construct on 
     Hill Air Force Base a new gate for vehicular and pedestrian 
     traffic in and out of Hill Air Force Base in compliance with 
     all applicable construction and security requirements and 
     such other requirements as the Secretary of the Air Force may 
     consider necessary.
       (3) That the State shall coordinate the demolition, 
     cleanup, remediation, design, redevelopment, and construction 
     activities performed pursuant to the conveyance under 
     subsection (a) with the Secretary of the Air Force, the Utah 
     Department of Transportation, and the Utah Department of 
     Environmental Quality.
       (e) Environmental Obligations.--The State shall not have 
     any obligation with respect to cleanup and remediation of an 
     environmental condition on the property to be conveyed under 
     subsection (a) unless the condition was in existence and 
     known before the date of the conveyance or the State 
     exacerbates the condition which then requires further 
     remediation.
       (f) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary of the Air Force shall 
     require the State to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for such costs 
     incurred, to carry out the conveyance under subsection (a), 
     including survey costs, costs for environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts are collected from the State in 
     advance of the Secretary incurring actual costs, and the 
     amount collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the State.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance under subsection 
     (a) or to an appropriate fund or account currently available 
     to the Secretary for the purposes for which the costs were 
     paid. 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.
       (g) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary of the Air Force and the State.
                                 ______
                                 
  SA 690. Ms. ERNST (for herself, Mr. Paul, Mr. Cramer, and Mr. Braun) 
submitted an amendment intended to be proposed by her to the bill S. 
1790, to authorize appropriations for fiscal year 2020 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1086. ANNUAL REPORTS ON FEDERAL PROJECTS THAT ARE OVER 
                   BUDGET AND BEHIND SCHEDULE.

       (a) Definitions.--In this section:
       (1) The term ``covered agency'' means--
       (A) an Executive agency, as defined in section 105 of title 
     5, United States Code; and
       (B) an independent regulatory agency, as defined in section 
     3502 of title 44, United States Code.
       (2) The term ``project'' includes any program, project, or 
     activity other than a program, project, or activity funded by 
     mandatory spending.
       (b) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter, the 
     Director of the Office of Management and Budget shall submit 
     to Congress and post on the website of the Office of 
     Management and Budget a report on each project funded by a 
     covered agency--
       (1) that is more than 5 years behind schedule; or
       (2) for which the amount spent on the project is not less 
     than $1,000,000,000 more than the original cost estimate for 
     the project.
       (c) Contents.--Each report submitted and posted under 
     subsection (b) shall include, for each project included in 
     the report--
       (1) a brief description of the project, including--
       (A) the purpose of the project;
       (B) each location in which the project is carried out;
       (C) the year in which the project was initiated;
       (D) the Federal share of the total cost of the project; and
       (E) each primary contractor, subcontractor, grant 
     recipient, and subgrantee recipient of the project;
       (2) an explanation of any change to the original scope of 
     the project, including by the addition or narrowing of the 
     initial requirements of the project;
       (3) the original expected date for completion of the 
     project;
       (4) the current expected date for completion of the 
     project;
       (5) the original cost estimate for the project, as adjusted 
     to reflect increases in the Consumer Price Index for All 
     Urban Consumers, as published by the Bureau of Labor 
     Statistics;
       (6) the current cost estimate for the project, as adjusted 
     to reflect increases in the Consumer Price Index for All 
     Urban Consumers, as published by the Bureau of Labor 
     Statistics;
       (7) an explanation for a delay in completion or increase in 
     the original cost estimate for the project; and
       (8) the amount of and rationale for any award, incentive 
     fee, or other type of bonus, if any, awarded for the project.
       (d) Submission With Budget.--Section 1105(a) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(40) the report required under section 1086(b) of the 
     National Defense Authorization Act for Fiscal Year 2020 for 
     the calendar year ending in the fiscal year in which the 
     budget is submitted.''.
                                 ______
                                 
  SA 691. Mr. INHOFE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 906. ALLOCATION OF FORMER RESPONSIBILITIES OF THE UNDER 
                   SECRETARY OF DEFENSE FOR ACQUISITION, 
                   TECHNOLOGY, AND LOGISTICS.

       (a) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) In section 129a(c)(3), by striking ``The Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``The Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (2) In section 134(c), by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Research and 
     Engineering, the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (3) In section 139--
       (A) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``and the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics'' and inserting ``, the Under 
     Secretary of Defense for Research and Engineering, and the 
     Under Secretary of Defense for Acquisition and Sustainment''; 
     and

       (ii) in paragraph (2), by striking ``and the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``, the Under Secretary of Defense 
     for Research and Engineering, the Under Secretary of Defense 
     for Acquisition and Sustainment,'';
       (B) in subsection (c), by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Research and 
     Engineering, the Under Secretary of Defense for Acquisition 
     and Sustainment,''; and
       (C) in subsection (h)(2), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Research and 
     Engineering, the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (4) In section 139a(d)(6), by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Research and Engineering, the Under Secretary of Defense 
     for Acquisition and Sustainment,''.
       (5) In section 171(a)--
       (A) by striking paragraphs (3) and (8);
       (B) by redesignating paragraphs (4), (5), (6), (7), (9), 
     (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), 
     (11), (12), (13), (14), and(15), respectively;
       (C) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) the Under Secretary of Defense for Research and 
     Engineering;
       ``(4) the Under Secretary of Defense of Acquisition and 
     Sustainment;''; and

[[Page S3700]]

       (D) by inserting after paragraph (8), as redesignated by 
     subparagraph (B), the following new paragraphs:
       ``(9) the Deputy Under Secretary of Defense for Research 
     and Engineering;
       ``(10) the Deputy Under Secretary of Defense for 
     Acquisition and Sustainment;''.
       (6) In section 181(d)(1)--
       (A) by redesignating subparagraphs (D) through (G) as 
     subparagraphs (E) through (H), respectively;
       (B) by striking subparagraph (C); and
       (C) by inserting after subparagraph (B) the following new 
     subparagraphs:
       ``(C) The Under Secretary of Defense for Research and 
     Engineering.
       ``(D) The Under Secretary of Defense for Acquisition and 
     Sustainment.''.
       (7) In section 393(b)(2)--
       (A) by redesignating subparagraphs (C) through (E) as 
     subparagraphs (D) through (F), respectively;
       (B) by striking subparagraph (B); and
       (C) by inserting after subparagraph (A) the following new 
     subparagraphs:
       ``(B) The Under Secretary of Defense for Research and 
     Engineering.
       ``(C) The Under Secretary of Defense for Acquisition and 
     Sustainment.''.
       (8)(A) In section 1702--
       (i) by striking the heading and inserting the following:

     ``Sec. 1702. Under Secretary of Defense for Acquisition and 
       Sustainment: authorities and responsibilities''; and

       (ii) in the text, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (B) The table of sections at the beginning of subchapter I 
     of chapter 87 is amended by striking the item relating to 
     section 1702 and inserting the following new item:

``1702. Under Secretary of Defense for Acquisition and Sustainment: 
              authorities and responsibilities.''.
       (9) In section 1705, by striking ``Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (10) In section 1722, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (11) In section 1722a, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (12) In section 1722b(a), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (13) In section 1723, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (14) In section 1725(e)(2), by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (15) In section 1735(c)(1), by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (16) In section 1737(c), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (17) In section 1741(b), by striking ``The Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``The Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (18) In section 1746(a), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (19) In section 1748, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (20) In section 2222, by striking ``Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (21) In section 2272, by striking ``the Assistant Secretary 
     of Defense for Research and Engineering'' and inserting ``the 
     Under Secretary of Defense for Research and Engineering''.
       (22) In section 2275(a), by striking ``The Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``The Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (23) In section 2279(d), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (24) In section 2279b--
       (A) in subsection (b)--
       (i) by redesignating paragraphs (3) through (10) as 
     paragraphs (4) through (11), respectively;
       (ii) by striking paragraph (2); and
       (iii) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) The Under Secretary of Defense for Research and 
     Engineering.
       ``(3) The Under Secretary of Defense for Acquisition and 
     Sustainment.''; and
       (B) in subsection (c) by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Research and 
     Engineering, the Under Secretary of Defense for Acquisition 
     and Sustainment,''
       (25) In section 2304, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (26) In section 2306b(i)(7), by striking ``of Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``of Under Secretary of Defense for 
     Acquisition and Sustainment''.
       (27) In section 2311(c), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (28) In section 2326(g), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (29) In section 2330, by striking ``Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (30) In section 2334, by striking ``Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (31) In section 2350a(b)(2), by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics, and the Assistant Secretary of Defense for 
     Research and Engineering'' and inserting ``the Under 
     Secretary of Defense for Research and Engineering, and the 
     Under Secretary of Defense for Acquisition and Sustainment''.
       (32) In section 2359(b), by striking paragraph (1) and 
     inserting the following new paragraph (1):
       ``(1) The Under Secretary of Defense for Research and 
     Engineering.''.
       (33) In section 2359b, by striking ``Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``Under Secretary of Defense 
     for Research and Engineering''.
       (34) In section 2365(d)(3)(A), by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Research and Engineering''.
       (35) In section 2375, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (36) In section 2399(b)(3)--
       (A) by striking ``the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics'' and inserting ``the 
     Under Secretary of Defense for Research and Engineering, the 
     Under Secretary of Defense for Acquisition and Sustainment''; 
     and
       (B) by striking ``and Under Secretary'' and inserting ``and 
     the Under Secretaries''.
       (37) In section 2419(a)(1), by striking ``The Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``The Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (38) In section 2431a(b), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''.
       (39) In section 2435, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (40) In section 2438(b), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (41) In section 2503(b)--
       (A) by striking ``the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics'' and inserting ``the 
     Under Secretary of Defense for Research and Engineering and 
     the Under Secretary of Defense for Acquisition and 
     Sustainment''; and
       (B) by striking ``the Under Secretary shall'' and inserting 
     ``the Under Secretaries shall''.
       (42) In section 2508(b), by striking ``the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics, acting 
     through the Deputy Assistant Secretary of Defense for 
     Manufacturing and Industrial Base Policy'' and inserting 
     ``the Under Secretary of Defense for Acquisition and 
     Sustainment''.
       (43) In section 2521, by striking ``Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``Under Secretary of Defense 
     for Research and Engineering''.
       (44) In section 2533b(k)(2)(A), by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (45) In section 2546--
       (A) in the heading of subsection (a), by striking ``Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``Under Secretary of Defense for 
     Acquisition and Sustainment''; and

[[Page S3701]]

       (B) by striking ``the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics'' each place it 
     appears and inserting ``the Under Secretary of Defense for 
     Acquisition and Sustainment''.
       (46) In section 2548, by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' each 
     place it appears and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (47) In section 2902(b)--
       (A) by striking paragraph (1) and inserting the following 
     new paragraph (1):
       ``(1) The official within the Office of the Under Secretary 
     of Defense for Research and Engineering who is responsible 
     for science and technology.'';
       (B) by redesignating paragraphs (4) through (9) as 
     paragraphs (5) through (10), respectively;
       (C) by striking paragraph (3); and
       (D) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) The official within the Office of the Under Secretary 
     of Defense for Research and Engineering who is responsible 
     for environmental security.
       ``(4) The official within the Office of the Under Secretary 
     of Defense for Acquisition and Sustainment who is responsible 
     for environmental security.''.
       (48) In section 2926(e)(5)(D), by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (b) National Defense Authorization Acts.--
       (1) Public law 115-232.--Section 338 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232; 132 Stat. 1728) is amended by striking 
     ``the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics'' and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (2) Public law 115-91.--Section 136(a)(1) of the National 
     Defense Authorization Act for Fiscal Year 2018 (Public Law 
     115-91; 131 Stat. 1317) is amended by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (3) Public law 114-328.--The National Defense Authorization 
     Act for Fiscal Year 2017 (Public Law 114-328) is amended as 
     follows:
       (A) In section 829(b) (10 U.S.C. 2306 note), by striking 
     ``the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics'' and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (B) In section 874(b)(1) (10 U.S.C. 2375 note), by striking 
     ``the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics'' and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (C) In section 875 (10 U.S.C. 2305 note)--
       (i) in subsections (b), (c), (e), and (f), by striking 
     ``Under Secretary of Defense for Acquisition, Technology, and 
     Logistics'' each place it appears and inserting ``Under 
     Secretary of Defense for Acquisition and Sustainment''; and
       (ii) in subsection (d), by striking ``The Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``The Under Secretary of Defense for Research and 
     Engineering''.
       (D) In section 898(a)(2)(A) (10 U.S.C. 2302 note), by 
     striking ``the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics'' and inserting ``the Under 
     Secretary of Defense for Acquisition and Sustainment''.
       (E) In section 1652(a) (130 Stat. 2609), by striking ``the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Research and Engineering''.
       (F) In section 1689(d) (130 Stat. 2631), by striking ``the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``the Under Secretary of Defense 
     for Research and Engineering''.
       (4) Public law 114-92.--The National Defense Authorization 
     Act for Fiscal Year 2016 (Public Law 114-92) is amended as 
     follows:
       (A) In section 131 (129 Stat. 754), by striking ``the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' each place it appears and inserting ``the Under 
     Secretary of Defense for Acquisition and Sustainment''.
       (B) In section 856(a)(2)(B) (10 U.S.C. 2377 note), by 
     striking ``the Office of the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics'' and inserting ``the 
     Office of the Under Secretary of Defense for Acquisition and 
     Sustainment''.
       (C) In section 1111(b)(1) (10 U.S.C. 1701 note), by 
     striking ``the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics'' and inserting ``the Under 
     Secretary of Defense for Acquisition and Sustainment''.
       (D) In section 1675(a) (129 Stat. 1131), by striking ``The 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``The Under Secretary of Defense 
     for Research and Engineering''.
       (5) Public law 113-291.--Section 852 of the Carl Levin and 
     Howard P. ``Buck'' McKeon National Defense Authorization Act 
     for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended by 
     striking ``The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics'' and inserting ``The Under 
     Secretary of Defense for Acquisition and Sustainment''.
       (6) Public law 112-239.--Section 157(c) of the National 
     Defense Authorization Act for Fiscal Year 2013 (Public law 
     112-239; 126 Stat. 1668) is amended by striking ``The Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``The Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (7) Public law 112-81.--The National Defense Authorization 
     Act for Fiscal Year 2012 (Public Law 112-81) is amended as 
     follows:
       (A) In section 144 (125 Stat. 1325)--
       (i) in subsection (a), by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics'' and 
     inserting ``the Under Secretary of Defense for Acquisition 
     and Sustainment''; and
       (ii) in subsection (b)(4), by striking ``the Assistant 
     Secretary of Defense for Research and Engineering'' and 
     inserting ``the Under Secretary of Defense for Research and 
     Engineering''.
       (B) In section 836(a)(2) (22 U.S.C. 2767 note), by striking 
     ``the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics, the Assistant Secretary of Defense for 
     Research and Engineering,'' and inserting ``the Under 
     Secretary of Defense for Research and Engineering, the Under 
     Secretary of Defense for Acquisition and Sustainment,''.
       (C) In section 838(2)(B) (125 Stat. 1509), by striking 
     ``the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics'' and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (8) Public law 111-383.--Section 882(b) of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 (10 
     U.S.C. 2222 note) is amended by striking ``The Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics'' and inserting ``The Under Secretary of Defense 
     for Acquisition and Sustainment''.
       (9) Public law 110-417.--Section 814 of the Duncan Hunter 
     National Defense Authorization Act for Fiscal Year 2009 
     (Public Law 110-417; 122 Stat. 4528) is amended--
       (A) in subsection (b)(2)--
       (i) by redesignating subparagraphs (B) through (H) as 
     subparagraphs (C) through (I), respectively;
       (ii) by striking subparagraph (A); and
       (iii) by inserting before subparagraph (C), as redesignated 
     by clause (i), the following new subparagraphs:
       ``(A) The Office of the Under Secretary of Defense for 
     Research and Engineering.
       ``(B) The Office of the Under Secretary of Defense for 
     Acquisition and Sustainment.''; and
       (B) in subsection (c)(5), in the flush matter following 
     subparagraph (B), by striking ``the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics certifies 
     to the congressional defense committees, and includes'' and 
     inserting ``the Under Secretary of Defense for Research and 
     Engineering and the Under Secretary of Defense for 
     Acquisition and Sustainment jointly certify to the 
     congressional defense committees, and include''.
       (10) Public law 110-181.--The National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181) 
     is amended as follows:
       (A) In section 231(a) (10 U.S.C. 1701 note), by striking 
     ``the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics'' and inserting ``the Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (B) In section 802(a)(3)(C) (10 U.S.C. 2410p note), by 
     striking ``the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics'' and inserting ``the Under 
     Secretary of Defense for Acquisition and Sustainment''.
       (C) In section 821(a) (10 U.S.C. 2304 note), by striking 
     ``The Under Secretary of Defense for Acquisition, Technology, 
     and Logistics'' and inserting ``The Under Secretary of 
     Defense for Acquisition and Sustainment''.
       (D) In section 2864 (10 U.S.C. 2911 note), by striking 
     ``the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics'' each place it appears and inserting ``the 
     Under Secretary of Defense for Acquisition and Sustainment''.
       (c) Recommendations for Legislative Action.--Not later than 
     14 days after the President submits to Congress the budget 
     for fiscal year 2021 pursuant to section 1105 of title 31, 
     United States Code, the Under Secretary of Defense 
     (Comptroller) shall submit to the congressional defense 
     committees such recommendations for legislative action as the 
     Under Secretary considers appropriate to implement the 
     recommendations of the report required by section 901 of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232; 132 Stat. 1920).
                                 ______
                                 
  SA 692. Mr. TILLIS submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1290. NORTH ATLANTIC TREATY ORGANIZATION JOINT FORCES 
                   COMMAND.

       (a) In General.--Subchapter II of chapter 16 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 314 North Atlantic Treaty Organization Joint Forces 
       Command

       ``(a) Authorization.--The Secretary of Defense shall 
     authorize the establishment of,

[[Page S3702]]

     and the participation by members of the armed forces in, the 
     North Atlantic Treaty Organization Joint Forces Command (in 
     this section referred to as the `Joint Forces Command'), to 
     be established in the United States.
       ``(b) Use of Department of Defense Facilities and 
     Equipment.--The Secretary may use facilities and equipment of 
     the Department of Defense to support the Joint Forces 
     Command.
       ``(c) Availability of Funds.--Amounts appropriated to the 
     Department of Defense for fiscal year 2020 shall be available 
     to carry out the purposes of this section.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of subchapter II of chapter 16 of title 10, United 
     States Code, is amended by adding at the end the following 
     new item:

``314. North Atlantic Treaty Organization Joint Forces Command.''.
                                 ______
                                 
  SA 693. Mr. ROMNEY (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 2. PERMANENT AUTHORIZATION OF E-VERIFY.

       (a) Short Title.--This section may be cited as the 
     ``Permanent E-Verify Act''.
       (b) Permanent Authorization of E-Verify.--Section 401 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1324a note) is amended--
       (1) by amending the section heading to read as follows: 
     ``e-verify program''; and
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``; 
     Termination''; and
       (B) by striking ``Unless the Congress otherwise provides, 
     the Secretary of Homeland Security shall terminate a pilot 
     program on September 30, 2015.''.
                                 ______
                                 
  SA 694. Mrs. CAPITO (for herself, Mr. Carper, Mr. Barrasso, Mr. 
Sullivan, Mrs. Shaheen, Mr. Gardner, Mrs. Gillibrand, Mr. Blumenthal, 
Mr. Toomey, and Mr. Jones) submitted an amendment intended to be 
proposed by her to the bill S. 1790, to authorize appropriations for 
fiscal year 2020 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       In section 318(a), add at the end the following:
       (3) Other authority.--In addition to the requirements under 
     paragraph (1), when otherwise authorized to expend funds for 
     the purpose of addressing ground or surface water 
     contaminated by a perfluorinated compound, the Secretary of 
     Defense may, to expend those funds, enter into a grant 
     agreement, cooperative agreement, or contract with--
       (A) the local water authority with jurisdiction over the 
     contamination site, including--
       (i) a public water system (as defined in section 1401 of 
     the Safe Drinking Water Act (42 U.S.C. 300f)); and
       (ii) a publicly owned treatment works (as defined in 
     section 212 of the Federal Water Pollution Control Act (33 
     U.S.C. 1292)); or
       (B) a State, local, or Tribal government.
       At the end of division A, add the following:

TITLE XVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING WATER 
                               ASSISTANCE

     SEC. 1701. DEFINITION OF ADMINISTRATOR.

       In this title, the term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.

                  Subtitle A--PFAS Release Disclosure

     SEC. 1711. ADDITIONS TO TOXICS RELEASE INVENTORY.

       (a) Definition of Toxics Release Inventory.--In this 
     section, the term ``toxics release inventory'' means the 
     toxics release inventory under section 313(c) of the 
     Emergency Planning and Community Right-To-Know Act of 1986 
     (42 U.S.C. 11023(c)).
       (b) Immediate Inclusion.--
       (1) In general.--Subject to subsection (e), beginning 
     January 1 of the calendar year following the date of 
     enactment of this Act, the following chemicals shall be 
     deemed to be included in the toxics release inventory:
       (A) Perfluorooctanoic acid (commonly referred to as 
     ``PFOA'') (Chemical Abstracts Service No. 335-67-1).
       (B) The salt associated with the chemical described in 
     subparagraph (A) (Chemical Abstracts Service No. 3825-26-1).
       (C) Perfluorooctane sulfonic acid (commonly referred to as 
     ``PFOS'') (Chemical Abstracts Service No. 1763-23-1).
       (D) The salts associated with the chemical described in 
     subparagraph (C) (Chemical Abstract Service Nos. 45298-90-6, 
     29457-72-5, 56773-42-3, 29081-56-9, 4021-47-0, 111873-33-7, 
     and 91036-71-4).
       (E) A perfluoroalkyl or polyfluoroalkyl substance or class 
     of perfluoroalkyl or polyfluoroalkyl substances that is--
       (i) listed as an active chemical substance in the February 
     2019 update to the inventory under section 8(b)(1) of the 
     Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and
       (ii) on the date of enactment of this Act, subject to the 
     provisions of--

       (I) section 721.9582 of title 40, Code of Federal 
     Regulations; or
       (II) section 721.10536 of title 40, Code of Federal 
     Regulations.

       (2) Threshold for reporting.--
       (A) In general.--Subject to subparagraph (B), the threshold 
     for reporting the chemicals described in paragraph (1) under 
     section 313(f)(1) of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(1)) is 100 
     pounds.
       (B) Revisions.--Not later than 5 years after the date of 
     enactment of this Act, the Administrator shall--
       (i) determine whether revision of the threshold under 
     subparagraph (A) is warranted; and
       (ii) if the Administrator determines a revision to be 
     warranted under clause (i), initiate a revision under section 
     313(f)(2) of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11023(f)(2)).
       (c) Inclusion Following Assessment.--
       (1) In general.--Subject to subsection (e), a 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances shall be 
     automatically included in the toxics release inventory 
     beginning January 1 of the calendar year after any of the 
     following dates:
       (A) Establishment of toxicity value.--The date on which the 
     Administrator establishes a toxicity value for the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances.
       (B) Significant new use rule.--The date on which the 
     Administrator finalizes a significant new use rule under 
     subsection (a)(2) of section 5 of the Toxic Substances 
     Control Act (15 U.S.C. 2604), except a significant new use 
     rule promulgated in connection with an order issued under 
     subsection (e) of that section, for the perfluoroalkyl or 
     polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances.
       (C) Addition to existing significant new use rule.--The 
     date on which the perfluoroalkyl or polyfluoroalkyl substance 
     or class of perfluoroalkyl or polyfluoroalkyl substances is 
     added to a list of substances covered by a significant new 
     use rule previously promulgated under subsection (a)(2) of 
     section 5 of the Toxic Substances Control Act (15 U.S.C. 
     2604), except a significant new use rule promulgated in 
     connection with an order issued under subsection (e) of that 
     section.
       (D) Addition as active chemical substance.--The date on 
     which the perfluoroalkyl or polyfluoroalkyl substance or 
     class of perfluoroalkyl or polyfluoroalkyl substances that is 
     on a list of substances covered by a significant new use rule 
     under subsection (a)(2) of section 5 of the Toxic Substances 
     Control Act (15 U.S.C. 2604), except a significant new use 
     rule promulgated in connection with an order issued under 
     subsection (e) of that section, is--
       (i) added to the inventory under subsection (b)(1) of 
     section 8 of the Toxic Substances Control Act (15 U.S.C. 
     2607) and designated as an active chemical substance under 
     subsection (b)(5)(A) of that section; or
       (ii) designated as an active chemical substance on the 
     inventory in accordance with subsection (b)(5)(B) of that 
     section.
       (2) Threshold for reporting.--
       (A) In general.--Subject to subparagraph (B), the threshold 
     for reporting under section 313(f)(1) of the Emergency 
     Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
     11203(f)(1)) the substances and classes of substances 
     included in the toxics release inventory under paragraph (1) 
     is 100 pounds.
       (B) Revisions.--Not later than 5 years after the date of 
     enactment of this Act, the Administrator shall--
       (i) determine whether revision of the thresholds under 
     subparagraph (A) is warranted; and
       (ii) if the Administrator determines a revision to be 
     warranted under clause (i), initiate a revision under section 
     313(f)(2) of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11023(f)(2)).
       (d) Inclusion Following Determination.--
       (1) In general.--To the extent not already subject to 
     subsection (b), not later than 2 years after the date of 
     enactment of this Act, the Administrator shall determine 
     whether the substances and classes of substances described in 
     paragraph (2) meet the criteria described in section 
     313(d)(2) of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the 
     toxics release inventory.
       (2) Substances described.--The substances and classes of 
     substances referred to in paragraph (1) are perfluoroalkyl 
     and polyfluoroalkyl substances and classes of perfluoroalkyl 
     and polyfluoroalkyl substances, including--
       (A) hexafluoropropylene oxide dimer acid (Chemical 
     Abstracts Service No. 13252-13-6);
       (B) the compounds associated with the chemical described in 
     subparagraph (A) (Chemical Abstracts Service Nos. 62037-80-3 
     and 2062-98-8);

[[Page S3703]]

       (C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] 
     ammonium salt (Chemical Abstracts Service No. 908020-52-0);
       (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
     (trifluoromethoxy) propanoyl fluoride (Chemical Abstracts 
     Service No. 2479-75-6);
       (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
     (trifluoromethoxy) propionic acid (Chemical Abstracts Service 
     No. 2479-73-4);
       (F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] 
     (Chemical Abstracts Service No. 919005-14-4);
       (G) the salts associated with the chemical described in 
     subparagraph (F) (Chemical Abstracts Service Nos. 958445-44-
     8, 1087271-46-2, and NOCAS_892452);
       (H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
     tridecafluoro-potassium salt (Chemical Abstracts Service No. 
     59587-38-1);
       (I) perfluorobutanesulfonic acid (Chemical Abstracts 
     Service No. 375-73-5);
       (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-
     potassium salt (Chemical Abstracts Service No. 29420-49-3);
       (K) the component associated with the chemical described in 
     subparagraph (J) (Chemical Abstracts Service No. 45187-15-3);
       (L) heptafluorobutyric acid (Chemical Abstracts Service No. 
     375-22-4);
       (M) perfluorohexanoic acid (Chemical Abstracts Service No. 
     307-24-4);
       (N) each perfluoroalkyl or polyfluoroalkly substance or 
     class of perfluoroalkyl or polyfluoroalkyl substances for 
     which a method to measure levels in drinking water has been 
     validated by the Administrator; and
       (O) a perfluoroalkyl and polyfluoroalkyl substance or class 
     of perfluoroalkyl or polyfluoroalkyl substances other than 
     the chemicals described in subparagraphs (A) through (N) that 
     is used to manufacture fluoropolymers, as determined by the 
     Administrator.
       (3) Addition to toxics release inventory.--Subject to 
     subsection (e), if the Administrator determines under 
     paragraph (1) that a substance or a class of substances 
     described in paragraph (2) meets the criteria described in 
     section 313(d)(2) of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the 
     Administrator shall revise the toxics release inventory to 
     include that substance or class of substances not later than 
     2 years after the date on which the Administrator makes the 
     determination.
       (e) Confidential Business Information.--
       (1) In general.--Prior to including on the toxics release 
     inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) 
     any perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances the chemical 
     identity of which is subject to a claim of a person of 
     protection from disclosure under subsection (a) of section 
     552 of title 5, United States Code, pursuant to subsection 
     (b)(4) of that section, the Administrator shall--
       (A) review that claim of protection from disclosure; and
       (B) require that person to reassert and substantiate or 
     resubstantiate that claim in accordance with section 14(f) of 
     the Toxic Substances Control Act (15 U.S.C. 2613(f)).
       (2) Nondisclosure of protection information.--If the 
     Administrator determines that the chemical identity of a 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances qualifies for 
     protection from disclosure under paragraph (1), the 
     Administrator shall include the substance or class of 
     substances, as applicable, on the toxics release inventory in 
     a manner that does not disclose the protected information.
       (f) Emergency Planning and Community Right-To-Know Act of 
     1986.--Section 313(c) of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended--
       (1) by striking the period at the end and inserting ``; 
     and'';
       (2) by striking ``are those chemicals'' and inserting the 
     following: ``are--
       ``(1) the chemicals''; and
       (3) by adding at the end the following:
       ``(2) the chemicals included under subsections (b)(1), 
     (c)(1), and (d)(3) of section 1711 of the National Defense 
     Authorization Act for Fiscal Year 2020.''.

                       Subtitle B--Drinking Water

     SEC. 1721. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR 
                   PFAS.

       Section 1412(b)(2) of the Safe Drinking Water Act (42 
     U.S.C. 300g-1(b)(2)) is amended by adding at the end the 
     following:
       ``(D) Perfluoroalkyl and polyfluoroalkyl substances.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this subparagraph, the Administrator shall 
     promulgate a national primary drinking water regulation for 
     perfluoroalkyl and polyfluoroalkyl substances, which shall, 
     at a minimum, include standards for--

       ``(I) perfluorooctanoic acid (commonly referred to as 
     `PFOA'); and
       ``(II) perfluorooctane sulfonic acid (commonly referred to 
     as `PFOS').

       ``(ii) Alternative procedures.--

       ``(I) In general.--Not later than 1 year after the 
     validation by the Administrator of an equally effective 
     quality control and testing procedure to ensure compliance 
     with that national primary drinking water regulation to 
     measure the levels described in subclause (II) or other 
     methods to detect and monitor perfluoroalkyl and 
     polyfluoroalkyl substances in drinking water, the 
     Administrator shall add the procedure or method as an 
     alternative to the quality control and testing procedure 
     described in that national primary drinking water regulation 
     by publishing the procedure or method in the Federal 
     Register.
       ``(II) Levels described.--The levels referred to in 
     subclause (I) are--

       ``(aa) the level of a perfluoroalkyl or polyfluoroalkyl 
     substance;
       ``(bb) the total levels of perfluoroalkyl and 
     polyfluoroalkyl substances; and
       ``(cc) the total levels of organic fluorine.
       ``(iii) Inclusions.--The Administrator may include a 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances on--

       ``(I) the list of contaminants for consideration of 
     regulation under paragraph (1)(B)(i); and
       ``(II) the list of unregulated contaminants to be monitored 
     under section 1445(a)(2)(B)(i).

       ``(iv) Monitoring.--When establishing monitoring 
     requirements for public water systems as part of a national 
     primary drinking water regulation under clause (i) or clause 
     (vi)(II), the Administrator shall tailor the monitoring 
     requirements for public water systems that do not detect or 
     are reliably and consistently below the maximum contaminant 
     level (as defined in section 1418(b)(2)(B)) for the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances subject to the 
     national primary drinking water regulation.
       ``(v) Health risk reduction and cost analysis.--In meeting 
     the requirements of paragraph (3)(C), the Administrator may 
     rely on information available to the Administrator with 
     respect to 1 or more specific perfluoroalkyl or 
     polyfluoroalkyl substances to extrapolate reasoned 
     conclusions regarding the health risks and effects of a class 
     of perfluoroalkyl or polyfluoroalkyl substances of which the 
     specific perfluoroalkyl or polyfluoroalkyl substances are a 
     part.
       ``(vi) Regulation of additional substances.--

       ``(I) Determination.--The Administrator shall make a 
     determination under paragraph (1)(A), using the criteria 
     described in clauses (i) through (iii) of that paragraph, 
     whether to include a perfluoroalkyl or polyfluoroalkyl 
     substance or class of perfluoroalkyl or polyfluoroalkyl 
     substances in the national primary drinking water regulation 
     under clause (i) not later than 18 months after the later 
     of--

       ``(aa) the date on which the perfluoroalkyl or 
     polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances is listed on the list of 
     contaminants for consideration of regulation under paragraph 
     (1)(B)(i); and
       ``(bb) the date on which--
       ``(AA) the Administrator has received the results of 
     monitoring under section 1445(a)(2)(B) for the perfluoroalkyl 
     or polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substance; or
       ``(BB) the Administrator has received finished water data 
     or finished water monitoring surveys for the perfluoroalkyl 
     or polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances from a Federal or State agency 
     that the Administrator determines to be sufficient to make a 
     determination under paragraph (1)(A).

       ``(II) Primary drinking water regulations.--

       ``(aa) In general.--For each perfluoroalkyl or 
     polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances that the Administrator determines 
     to regulate under subclause (I), the Administrator--
       ``(AA) not later than 18 months after the date on which the 
     Administrator makes the determination, shall propose a 
     national primary drinking water regulation for the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances; and
       ``(BB) may publish the proposed national primary drinking 
     water regulation described in subitem (AA) concurrently with 
     the publication of the determination to regulate the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances.
       ``(bb) Deadline.--
       ``(AA) In general.--Not later than 1 year after the date on 
     which the Administrator publishes a proposed national primary 
     drinking water regulation under item (aa)(AA) and subject to 
     subitem (BB), the Administrator shall take final action on 
     the proposed national primary drinking water regulation.
       ``(BB) Extension.--The Administrator, on publication of 
     notice in the Federal Register, may extend the deadline under 
     subitem (AA) by not more than 6 months.
       ``(vii) Lifetime drinking water health advisory.--

       ``(I) In general.--Subject to subclause (II), the 
     Administrator shall publish a health advisory under paragraph 
     (1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or 
     class of perfluoroalkyl or polyfluoroalkyl substances not 
     later than 1 year after the later of--

       ``(aa) the date on which the Administrator finalizes a 
     toxicity value for the perfluoroalkyl or polyfluoroalkyl 
     substance or class of perfluoroalkyl or polyfluoroalkyl 
     substances; and
       ``(bb) the date on which the Administrator validates an 
     effective quality control and

[[Page S3704]]

     testing procedure for the perfluoroalkyl or polyfluoroalkyl 
     substance or class of perfluoroalkyl or polyfluoroalkyl 
     substance, if such a procedure did not exist on the date on 
     which the toxicity value described in item (aa) was 
     finalized.

       ``(II) Waiver.--The Administrator may waive the 
     requirements of subclause (I) with respect to a 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl and polyfluoroalkyl substances if the 
     Administrator determines that there is a substantial 
     likelihood that the perfluoroalkyl or polyfluoroalkyl 
     substance or class of perfluoroalkyl or polyfluoroalkyl 
     substances will not occur in drinking water.''.

     SEC. 1722. MONITORING AND DETECTION.

       (a) Monitoring Program for Unregulated Contaminants.--
       (1) In general.--The Administrator shall include each 
     substance described in paragraph (2) in the fifth publication 
     of the list of unregulated contaminants to be monitored under 
     section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 
     U.S.C. 300j-4(a)(2)(B)(i)).
       (2) Substances described.--The substances referred to in 
     paragraph (1) are perfluoroalkyl and polyfluoroalkyl 
     substances and classes of perfluoroalkyl and polyfluoroalkyl 
     substances--
       (A) for which a method to measure the level in drinking 
     water has been validated by the Administrator; and
       (B) that are not subject to a national primary drinking 
     water regulation under clause (i) or (vi)(II) of subparagraph 
     (D) of section 1412(b)(2) of the Safe Drinking Water Act (42 
     U.S.C. 300g-1(b)(2)).
       (3) Exception.--The perfluoroalkyl and polyfluoroalkyl 
     substances and classes of perfluoroalkyl and polyfluoroalkyl 
     substances included in the list of unregulated contaminants 
     to be monitored under section 1445(a)(2)(B)(i) of the Safe 
     Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under 
     paragraph (1) shall not count towards the limit of 30 
     unregulated contaminants to be monitored by public water 
     systems under that section.
       (b) Applicability.--
       (1) In general.--The Administrator shall--
       (A) require public water systems serving more than 10,000 
     persons to monitor for the substances described in subsection 
     (a)(2);
       (B) subject to paragraph (2) and the availability of 
     appropriations, require public water systems serving not 
     fewer than 3,300 and not more than 10,000 persons to monitor 
     for the substances described in subsection (a)(2); and
       (C) subject to paragraph (2) and the availability of 
     appropriations, ensure that only a representative sample of 
     public water systems serving fewer than 3,300 persons are 
     required to monitor for the substances described in 
     subsection (a)(2).
       (2) Requirement.--If the Administrator determines that 
     there is not sufficient laboratory capacity to carry out the 
     monitoring required under subparagraphs (B) and (C) of 
     paragraph (1), the Administrator may waive the monitoring 
     requirements in those subparagraphs.
       (3) Funds.--The Administrator shall pay the reasonable cost 
     of such testing and laboratory analysis as is necessary to 
     carry out the monitoring required under paragraph (1) from--
       (A) funds made available under subsection (a)(2)(H) or 
     (j)(5) of section 1445 of the Safe Drinking Water Act (42 
     U.S.C. 300j-4); or
       (B) any other funds made available for that purpose.

     SEC. 1723. ENFORCEMENT.

       Notwithstanding any other provision of law, the 
     Administrator may not impose financial penalties for the 
     violation of a national primary drinking water regulation (as 
     defined in section 1401 of the Safe Drinking Water Act (42 
     U.S.C. 300f)) with respect to a perfluoroalkyl or 
     polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances for which a national primary 
     drinking water regulation has been promulgated under clause 
     (i) or (vi) of subparagraph (D) of section 1412(b)(2) of the 
     Safe Drinking Water Act (42 U.S.C. 300g-1(b)(2)) earlier than 
     the date that is 5 years after the date on which the 
     Administrator promulgates the national primary drinking water 
     regulation.

     SEC. 1724. DRINKING WATER STATE REVOLVING FUNDS.

       Section 1452 of the Safe Drinking Water Act (42 U.S.C. 
     300j-12) is amended--
       (1) in subsection (a)(2), by adding at the end the 
     following:
       ``(G) Emerging contaminants.--
       ``(i) In general.--Notwithstanding any other provision of 
     law and subject to clause (ii), amounts deposited under 
     subsection (t) in a State loan fund established under this 
     section may only be used to provide grants for the purpose of 
     addressing emerging contaminants, with a focus on 
     perfluoroalkyl and polyfluoroalkyl substances.
       ``(ii) Requirements.--

       ``(I) Small and disadvantaged communities.--Not less than 
     25 percent of the amounts described in clause (i) shall be 
     used to provide grants to--

       ``(aa) disadvantaged communities (as defined in subsection 
     (d)(3)); or
       ``(bb) public water systems serving fewer than 25,000 
     persons.

       ``(II) Priorities.--In selecting the recipient of a grant 
     using amounts described in clause (i), a State shall use the 
     priorities described in subsection (b)(3)(A).

       ``(iii) No increased bonding authority.--The amounts 
     deposited in the State loan fund of a State under subsection 
     (t) may not be used as a source of payment of, or security 
     for (directly or indirectly), in whole or in part, any 
     obligation the interest on which is exempt from the tax 
     imposed under chapter 1 of the Internal Revenue Code of 
     1986.'';
       (2) in subsection (m)(1), in the matter preceding 
     subparagraph (A), by striking ``this section'' and inserting 
     ``this section, except for subsections (a)(2)(G) and (t)''; 
     and
       (3) by adding at the end the following:
       ``(t) Emerging Contaminants.--
       ``(1) In general.--Amounts made available under this 
     subsection shall be allotted to a State as if allotted under 
     subsection (a)(1)(D) as a capitalization grant, for deposit 
     into the State loan fund of the State, for the purposes 
     described in subsection (a)(2)(G).
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $100,000,000 
     for each of fiscal years 2020 through 2024, to remain 
     available until expended.''.

                       Subtitle C--PFAS Detection

     SEC. 1731. DEFINITIONS.

       In this subtitle:
       (1) Director.--The term ``Director'' means the Director of 
     the United States Geological Survey.
       (2) Perfluorinated compound.--
       (A) In general.--The term ``perfluorinated compound'' means 
     a perfluoroalkyl substance or a polyfluoroalkyl substance 
     that is manmade with at least 1 fully fluorinated carbon 
     atom.
       (B) Definitions.--In this definition:
       (i) Fully fluorinated carbon atom.--The term ``fully 
     fluorinated carbon atom'' means a carbon atom on which all 
     the hydrogen substituents have been replaced by fluorine.
       (ii) Nonfluorinated carbon atom.--The term ``nonfluorinated 
     carbon atom'' means a carbon atom on which no hydrogen 
     substituents have been replaced by fluorine.
       (iii) Partially fluorinated carbon atom.--The term 
     ``partially fluorinated carbon atom'' means a carbon atom on 
     which some, but not all, of the hydrogen substituents have 
     been replaced by fluorine.
       (iv) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
     substance'' means a manmade chemical of which all of the 
     carbon atoms are fully fluorinated carbon atoms.
       (v) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl 
     substance'' means a manmade chemical containing a mix of 
     fully fluorinated carbon atoms, partially fluorinated carbon 
     atoms, and nonfluorinated carbon atoms.

     SEC. 1732. PERFORMANCE STANDARD FOR THE DETECTION OF 
                   PERFLUORINATED COMPOUNDS.

       (a) In General.--The Director shall establish a performance 
     standard for the detection of perfluorinated compounds.
       (b) Emphasis.--
       (1) In general.--In developing the performance standard 
     under subsection (a), the Director shall emphasize the 
     ability to detect as many perfluorinated compounds present in 
     the environment as possible using analytical methods that--
       (A) achieve limits of quantitation (as defined in the 
     document of the United States Geological Survey entitled 
     ``Analytical Methods for Chemical Analysis of Geologic and 
     Other Materials, U.S. Geological Survey'' and dated 2002); 
     and
       (B) are as sensitive as is feasible and practicable.
       (2) Requirement.--In developing the performance standard 
     under subsection (a), the Director may--
       (A) develop quality assurance and quality control measures 
     to ensure accurate sampling and testing;
       (B) develop a training program with respect to the 
     appropriate method of sample collection and analysis of 
     perfluorinated compounds; and
       (C) coordinate with the Administrator, including, if 
     appropriate, coordinating to develop media-specific, 
     validated analytical methods to detect individual and 
     different perfluorinated compounds simultaneously.

     SEC. 1733. NATIONWIDE SAMPLING.

       (a) In General.--The Director shall carry out a nationwide 
     sampling to determine the concentration of perfluorinated 
     compounds in estuaries, lakes, streams, springs, wells, 
     wetlands, rivers, aquifers, and soil using the performance 
     standard developed under section 1732(a).
       (b) Requirements.--In carrying out the sampling under 
     subsection (a), the Director shall--
       (1) first carry out the sampling at sources of drinking 
     water near locations with known or suspected releases of 
     perfluorinated compounds;
       (2) when carrying out sampling of sources of drinking water 
     under paragraph (1), carry out the sampling prior to any 
     treatment of the water;
       (3) survey for ecological exposure to perfluorinated 
     compounds, with a priority in determining direct human 
     exposure through drinking water; and
       (4) consult with--
       (A) States to determine areas that are a priority for 
     sampling; and
       (B) the Administrator--
       (i) to enhance coverage of the sampling; and
       (ii) to avoid unnecessary duplication.
       (c) Report.--Not later than 90 days after the completion of 
     the sampling under subsection (a), the Director shall prepare 
     a report describing the results of the sampling and submit 
     the report to--

[[Page S3705]]

       (1) the Committee on Environment and Public Works and the 
     Committee on Energy and Natural Resources of the Senate;
       (2) the Committee on Energy and Commerce of the House of 
     Representatives;
       (3) the Senators of each State in which the Director 
     carried out the sampling; and
       (4) each Member of the House of Representatives that 
     represents a district in which the Director carried out the 
     sampling.

     SEC. 1734. DATA USAGE.

       (a) In General.--The Director shall provide the sampling 
     data collected under section 1733 to--
       (1) the Administrator; and
       (2) other Federal and State regulatory agencies on request.
       (b) Usage.--The sampling data provided under subsection (a) 
     shall be used to inform and enhance assessments of exposure, 
     likely health and environmental impacts, and remediation 
     priorities.

     SEC. 1735. COLLABORATION.

       In carrying out this subtitle, the Director shall 
     collaborate with--
       (1) appropriate Federal and State regulators;
       (2) institutions of higher education;
       (3) research institutions; and
       (4) other expert stakeholders.

     SEC. 1736. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Director to 
     carry out this subtitle--
       (1) $5,000,000 for fiscal year 2020; and
       (2) $10,000,000 for each of fiscal years 2021 through 2024.

               Subtitle D--Safe Drinking Water Assistance

     SEC. 1741. DEFINITIONS.

       In this subtitle:
       (1) Contaminant.--The term ``contaminant'' means any 
     physical, chemical, biological, or radiological substance or 
     matter in water.
       (2) Contaminant of emerging concern; emerging 
     contaminant.--The terms ``contaminant of emerging concern'' 
     and ``emerging contaminant'' mean a contaminant--
       (A) for which the Administrator has not promulgated a 
     national primary drinking water regulation; and
       (B) that may have an adverse effect on the health of 
     individuals.
       (3) Federal research strategy.--The term ``Federal research 
     strategy'' means the coordinated cross-agency plan for 
     addressing critical research gaps related to detecting, 
     assessing exposure to, and identifying the adverse health 
     effects of emerging contaminants in drinking water developed 
     by the Office of Science and Technology Policy in response to 
     the report of the Committee on Appropriations of the Senate 
     accompanying S. 1662 of the 115th Congress (S. Rept. 115-
     139).
       (4) Technical assistance and support.--The term ``technical 
     assistance and support'' includes--
       (A) assistance with--
       (i) identifying appropriate analytical methods for the 
     detection of contaminants;
       (ii) understanding the strengths and limitations of the 
     analytical methods described in clause (i);
       (iii) troubleshooting the analytical methods described in 
     clause (i);
       (B) providing advice on laboratory certification program 
     elements;
       (C) interpreting sample analysis results;
       (D) providing training with respect to proper analytical 
     techniques;
       (E) identifying appropriate technology for the treatment of 
     contaminants; and
       (F) analyzing samples, if--
       (i) the analysis cannot be otherwise obtained in a 
     practicable manner otherwise; and
       (ii) the capability and capacity to perform the analysis is 
     available at a Federal facility.
       (5) Working group.--The term ``Working Group'' means the 
     Working Group established under section 1742(b)(1).

     SEC. 1742. RESEARCH AND COORDINATION PLAN FOR ENHANCED 
                   RESPONSE ON EMERGING CONTAMINANTS.

       (a) In General.--The Administrator shall--
       (1) review Federal efforts--
       (A) to identify, monitor, and assist in the development of 
     treatment methods for emerging contaminants; and
       (B) to assist States in responding to the human health 
     risks posed by contaminants of emerging concern; and
       (2) in collaboration with owners and operators of public 
     water systems, States, and other interested stakeholders, 
     establish a strategic plan for improving the Federal efforts 
     referred to in paragraph (1).
       (b) Interagency Working Group on Emerging Contaminants.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator and the Secretary of 
     Health and Human Services shall jointly establish a Working 
     Group to coordinate the activities of the Federal Government 
     to identify and analyze the public health effects of drinking 
     water contaminants of emerging concern.
       (2) Membership.--The Working Group shall include 
     representatives of the following:
       (A) The Environmental Protection Agency, appointed by the 
     Administrator.
       (B) The following agencies, appointed by the Secretary of 
     Health and Human Services:
       (i) The National Institutes of Health.
       (ii) The Centers for Disease Control and Prevention.
       (iii) The Agency for Toxic Substances and Disease Registry.
       (C) The United States Geological Survey, appointed by the 
     Secretary of the Interior.
       (D) Any other Federal agency the assistance of which the 
     Administrator determines to be necessary to carry out this 
     subsection, appointed by the head of the respective agency.
       (3) Existing working group.--The Administrator may expand 
     or modify the duties of an existing working group to perform 
     the duties of the Working Group under this subsection.
       (c) National Emerging Contaminant Research Initiative.--
       (1) Federal research strategy.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of Science 
     and Technology Policy (referred to in this subsection as the 
     ``Director'') shall coordinate with the heads of the agencies 
     described in subparagraph (C) to establish a research 
     initiative, to be known as the ``National Emerging 
     Contaminant Research Initiative'', that shall--
       (i) use the Federal research strategy to improve the 
     identification, analysis, monitoring, and treatment methods 
     of contaminants of emerging concern; and
       (ii) develop any necessary program, policy, or budget to 
     support the implementation of the Federal research strategy, 
     including mechanisms for joint agency review of research 
     proposals, for interagency cofunding of research activities, 
     and for information sharing across agencies.
       (B) Research on emerging contaminants.--In carrying out 
     subparagraph (A), the Director shall--
       (i) take into consideration consensus conclusions from 
     peer-reviewed, pertinent research on emerging contaminants; 
     and
       (ii) in consultation with the Administrator, identify 
     priority emerging contaminants for research emphasis.
       (C) Federal participation.--The agencies referred to in 
     subparagraph (A) include--
       (i) the National Science Foundation;
       (ii) the National Institutes of Health;
       (iii) the Environmental Protection Agency;
       (iv) the National Institute of Standards and Technology;
       (v) the United States Geological Survey; and
       (vi) any other Federal agency that contributes to research 
     in water quality, environmental exposures, and public health, 
     as determined by the Director.
       (D) Participation from additional entities.--In carrying 
     out subparagraph (A), the Director shall consult with 
     nongovernmental organizations, State and local governments, 
     and science and research institutions determined by the 
     Director to have scientific or material interest in the 
     National Emerging Contaminant Research Initiative.
       (2) Implementation of research recommendations.--
       (A) In general.--Not later than 1 year after the date on 
     which the Director and heads of the agencies described in 
     paragraph (1)(C) establish the National Emerging Contaminant 
     Research Initiative under paragraph (1)(A), the head of each 
     agency described in paragraph (1)(C) shall--
       (i) issue a solicitation for research proposals consistent 
     with the Federal research strategy; and
       (ii) make grants to applicants that submit research 
     proposals selected by the National Emerging Contaminant 
     Research Initiative in accordance with subparagraph (B).
       (B) Selection of research proposals.--The National Emerging 
     Contaminant Research Initiative shall select research 
     proposals to receive grants under this paragraph on the basis 
     of merit, using criteria identified by the Director, 
     including the likelihood that the proposed research will 
     result in significant progress toward achieving the 
     objectives identified in the Federal research strategy.
       (C) Eligible entities.--Any entity or group of 2 or more 
     entities may submit to the head of each agency described in 
     paragraph (1)(C) a research proposal in response to the 
     solicitation for research proposals described in subparagraph 
     (A)(i), including--
       (i) State and local agencies;
       (ii) public institutions, including public institutions of 
     higher education;
       (iii) private corporations; and
       (iv) nonprofit organizations.
       (d) Federal Technical Assistance and Support for States.--
       (1) Study.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall conduct a 
     study on actions the Administrator can take to increase 
     technical assistance and support for States with respect to 
     emerging contaminants in drinking water samples.
       (B) Contents of study.--In carrying out the study described 
     in subparagraph (A), the Administrator shall identify--
       (i) methods and effective treatment options to increase 
     technical assistance and support with respect to emerging 
     contaminants to States, including identifying opportunities 
     for States to improve communication with various audiences 
     about the risks associated with emerging contaminants;
       (ii) means to facilitate access to qualified contract 
     testing laboratory facilities that conduct analyses for 
     emerging contaminants; and
       (iii) actions to be carried out at existing Federal 
     laboratory facilities, including the research facilities of 
     the Administrator, to provide technical assistance and 
     support for States that require testing facilities for 
     emerging contaminants.

[[Page S3706]]

       (C) Availability of analytical resources.--In carrying out 
     the study described in subparagraph (A), the Administrator 
     shall consider--
       (i) the availability of--

       (I) Federal and non-Federal laboratory capacity; and
       (II) validated methods to detect and analyze contaminants; 
     and

       (ii) other factors determined to be appropriate by the 
     Administrator.
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results of the study 
     described in paragraph (1).
       (3) Program to provide federal assistance to states.--
       (A) In general.--Not later than 3 years after the date of 
     enactment of this Act, based on the findings in the report 
     described in paragraph (2), the Administrator shall develop a 
     program to provide technical assistance and support to 
     eligible States for the testing and analysis of emerging 
     contaminants.
       (B) Application.--
       (i) In general.--To be eligible for technical assistance 
     and support under this paragraph, a State shall submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require.
       (ii) Criteria.--The Administrator shall evaluate an 
     application for technical assistance and support under this 
     paragraph on the basis of merit using criteria identified by 
     the Administrator, including--

       (I) the laboratory facilities available to the State;
       (II) the availability and applicability of existing 
     analytical methodologies;
       (III) the potency and severity of the emerging contaminant, 
     if known; and
       (IV) the prevalence and magnitude of the emerging 
     contaminant.

       (iii) Prioritization.--In selecting States to receive 
     technical assistance and support under this paragraph, the 
     Administrator--

       (I) shall give priority to States with affected areas 
     primarily in financially distressed communities;
       (II) may--

       (aa) waive the application process in an emergency 
     situation; and
       (bb) require an abbreviated application process for the 
     continuation of work specified in a previously approved 
     application that continues to meet the criteria described in 
     clause (ii); and

       (III) shall consider the relative expertise and 
     availability of--

       (aa) Federal and non-Federal laboratory capacity available 
     to the State;
       (bb) analytical resources available to the State; and
       (cc) other types of technical assistance available to the 
     State.
       (C) Database of available resources.--The Administrator 
     shall establish and maintain a database of resources 
     available through the program developed under subparagraph 
     (A) to assist States with testing for emerging contaminants 
     that--
       (i) is--

       (I) available to States and stakeholder groups determined 
     by the Administrator to have scientific or material interest 
     in emerging contaminants, including--

       (aa) drinking water and wastewater utilities;
       (bb) laboratories;
       (cc) Federal and State emergency responders;
       (dd) State primacy agencies;
       (ee) public health agencies; and
       (ff) water associations;

       (II) searchable; and
       (III) accessible through the website of the Administrator; 
     and

       (ii) includes a description of--

       (I) qualified contract testing laboratory facilities that 
     conduct analyses for emerging contaminants; and
       (II) the resources available in Federal laboratory 
     facilities to test for emerging contaminants.

       (D) Water contaminant information tool.--The Administrator 
     shall integrate the database established under subparagraph 
     (C) into the Water Contaminant Information Tool of the 
     Environmental Protection Agency.
       (4) Funding.--Of the amounts available to the 
     Administrator, the Administrator may use not more than 
     $15,000,000 in a fiscal year to carry out this subsection.
       (e) Report.--Not less frequently than once every 2 years 
     until 2029, the Administrator shall submit to Congress a 
     report that describes the progress made in carrying out this 
     subtitle.
       (f) Effect.--Nothing in this section modifies any 
     obligation of a State, local government, or Indian Tribe with 
     respect to treatment methods for, or testing or monitoring 
     of, drinking water.

                       Subtitle E--Miscellaneous

     SEC. 1751. PFAS DATA CALL.

       Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 
     2607(a)) is amended by adding at the end the following:
       ``(7) PFAS data.--Not later than January 1, 2023, the 
     Administrator shall promulgate a rule in accordance with this 
     subsection requiring each person who has manufactured a 
     chemical substance that is a perfluoroalkyl or 
     polyfluoroalkyl substance in any year since January 1, 2006, 
     to submit to the Administrator a report that includes, for 
     each year since January 1, 2006, the information described in 
     paragraph (2).''.

     SEC. 1752. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS.

       Not later than June 22, 2020, the Administrator shall take 
     final action on the significant new use rule proposed by the 
     Administrator under the Toxic Substances Control Act (15 
     U.S.C. 2601 et seq.) in the proposed rule entitled ``Long-
     Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate 
     Chemical Substances; Significant New Use Rule'' (80 Fed. Reg. 
     2885 (January 21, 2015)).

     SEC. 1753. PFAS DESTRUCTION AND DISPOSAL GUIDANCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall publish 
     interim guidance on the destruction and disposal of 
     perfluoroalkyl and polyfluoroalkyl substances and materials 
     containing perfluoroalkyl and polyfluoroalkyl substances, 
     including--
       (1) aqueous film-forming foam;
       (2) soil and biosolids;
       (3) textiles treated with perfluoroalkyl and 
     polyfluoroalkyl substances; and
       (4) spent filters, membranes, and other waste from water 
     treatment.
       (b) Considerations; Inclusions.--The interim guidance under 
     subsection (a) shall--
       (1) take into consideration--
       (A) the potential for releases of perfluoroalkyl and 
     polyfluoroalkyl substances during destruction or disposal, 
     including through volatilization, air dispersion, or 
     leachate; and
       (B) potentially vulnerable populations living near likely 
     destruction or disposal sites; and
       (2) provide guidance on testing and monitoring air, 
     effluent, and soil near potential destruction or disposal 
     sites for releases described in paragraph (1)(A).
       (c) Revisions.--The Administrator shall publish revisions 
     to the interim guidance under subsection (a) as the 
     Administrator determines to be appropriate, but not less 
     frequently than once every 3 years.

     SEC. 1754. PFAS RESEARCH AND DEVELOPMENT.

       (a) In General.--The Administrator, acting through the 
     Assistant Administrator for the Office of Research and 
     Development, shall--
       (1)(A) further examine the effects of perfluoroalkyl and 
     polyfluoroalkyl substances on human health and the 
     environment; and
       (B) make publicly available information relating to the 
     findings under subparagraph (A);
       (2) develop a process for prioritizing which perfluoroalkyl 
     and polyfluoroalkyl substances, or classes of perfluoroalkyl 
     and polyfluoroalkyl substances, should be subject to 
     additional research or regulatory efforts that is based on--
       (A) the potential for human exposure to the substances or 
     classes of substances;
       (B) the potential toxicity of the substances or classes of 
     substances; and
       (C) information available about the substances or classes 
     of substances;
       (3) develop new tools to characterize and identify 
     perfluoroalkyl and polyfluoroalkyl substances in the 
     environment, including in drinking water, wastewater, surface 
     water, groundwater, solids, and the air;
       (4) evaluate approaches for the remediation of 
     contamination by perfluoroalkyl and polyfluoroalkyl 
     substances in the environment; and
       (5) develop and implement new tools and materials to 
     communicate with the public about perfluoroalkyl and 
     polyfluoroalkyl substances.
       (b) Funding.--There is authorized to be appropriated to the 
     Administrator to carry out this section $15,000,000 for each 
     of fiscal years 2020 through 2024.
                                 ______
                                 
  SA 695. Ms. WARREN (for herself and Mr. Brown) submitted an amendment 
intended to be proposed by her to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. NATIONAL SECURITY COMMISSION ON DEFENSE RESEARCH AT 
                   HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 
                   AND OTHER MINORITY INSTITUTIONS.

       (a) Establishment.--
       (1) In general.--There is established in the executive 
     branch an independent Commission to review the state of 
     defense research at covered institutions.
       (2) Treatment.--The Commission shall be considered an 
     independent establishment of the Federal Government as 
     defined by section 104 of title 5, United States Code, and a 
     temporary organization under section 3161 of such title.
       (3) Designation.--The Commission established under 
     paragraph (1) shall be known as the ``National Security 
     Commission on Defense Research At Historically Black Colleges 
     and Universities and Other Minority Institutions''.
       (4) Membership.--
       (A) Composition.--The Commission shall be composed of 11 
     members appointed as follows:
       (i) The Secretary of Defense shall appoint 2 members.

[[Page S3707]]

       (ii) The Secretary of Education shall appoint 1 member.
       (iii) The Chairman of the Committee on Armed Services of 
     the Senate shall appoint 1 member.
       (iv) The Ranking Member of the Committee on Armed Services 
     of the Senate shall appoint 1 member.
       (v) The Chairman of the Committee on Armed Services of the 
     House of Representatives shall appoint 1 member.
       (vi) The Ranking Member of the Committee on Armed Services 
     of the House of Representatives shall appoint 1 member.
       (vii) The Chairman of the Committee on Health, Education, 
     Labor, and Pensions of the Senate shall appoint 1 member.
       (viii) The Ranking Member of the Committee on Health, 
     Education, Labor, and Pensions of the Senate shall appoint 1 
     member.
       (ix) The Chairman of the Committee on Education and Labor 
     of the House of Representatives shall appoint 1 member.
       (x) The Ranking Member of the Committee on Education and 
     Labor of the House of Representatives shall appoint 1 member.
       (B) Deadline for appointment.--Members shall be appointed 
     to the Commission under subparagraph (A) not later than 90 
     days after the date on which the commission is established.
       (C) Effect of lack of appointment by appointment date.--If 
     one or more appointments under subparagraph (A) is not made 
     by the appointment date specified in subparagraph (B), or if 
     a position described in subparagraph (A) is vacant for more 
     than 90 days, the authority to make such appointment shall 
     transfer to the Chair of the Commission.
       (5) Chair and vice chair.--The Commission shall elect a 
     Chair and Vice Chair from among its members.
       (6) Terms.--Members shall be appointed for the life of the 
     Commission. A vacancy in the Commission shall not affect its 
     powers and shall be filled in the same manner as the original 
     appointment was made.
       (7) Status as federal employees.--Notwithstanding the 
     requirements of section 2105 of title 5, United States Code, 
     including the required supervision under subsection (a)(3) of 
     such section, the members of the Commission shall be deemed 
     to be Federal employees.
       (b) Duties.--
       (1) In general.--The Commission shall carry out the review 
     described in paragraph (2). In carrying out such review, the 
     Commission shall consider the methods and means necessary to 
     advance research capacity at covered institutions to 
     comprehensively address the national security and defense 
     needs of the United States.
       (2) Scope of the review.--In conducting the review under 
     paragraph (1), the Commission shall consider the following:
       (A) The competitiveness of covered institutions in 
     developing, pursuing, capturing, and executing defense 
     research with the Department of Defense through contracts and 
     grants.
       (B) Means and methods for advancing the capacity of covered 
     institutions to conduct research related to national security 
     and defense.
       (C) The advancements and investments necessary to elevate 
     25 covered institutions to R2 status on the Carnegie 
     Classification of Institutions of Higher Education, 15 
     covered institutions to R1 status on the Carnegie 
     Classification of Institutions of Higher Education, and one 
     covered institution or a consortium of multiple covered 
     institutions to the capability of a University Affiliated 
     Research Center.
       (D) The facilities and infrastructure for defense-related 
     research at covered institutions as compared to the 
     facilities and infrastructure at universities classified as 
     R1 status on the Carnegie Classification of Institutions of 
     Higher Education.
       (E) Incentives to attract, recruit, and retain leading 
     research faculty to covered institutions.
       (F) The legal and organizational structure of the 
     contracting entity of covered institutions as compared to the 
     legal and organizational structure of the contracting entity 
     of covered institutions at universities classified as R1 
     status on the Carnegie Classification of Institutions of 
     Higher Education.
       (G) The ability of covered institutions to develop, 
     protect, and commercialize intellectual property created 
     through defense-related research.
       (H) The amount of defense research funding awarded to all 
     colleges and universities through contracts and grants for 
     the fiscal years of 2010 through 2019, including--
       (i) the legal mechanism under which the organization was 
     formed;
       (ii) the total value of contracts and grants awarded to the 
     organization during fiscal years 2010 to 2019;
       (iii) the overhead rate of the organization for fiscal year 
     2019;
       (iv) the Carnegie Classification of Institutions of Higher 
     Education of the associated university or college;
       (v) if the associated university or college qualifies as a 
     historically Black college or university, a minority 
     institution, or a minority institution.
       (I) Areas for improvement in the programs executed under 
     section 2362 of title 10, United States Code, the existing 
     authorization to enhance defense-related research and 
     education at covered institutions.
       (J) Previous executive or legislative actions by the 
     Federal Government to address the imbalance in federal 
     research funding, such as the Established Program to 
     Stimulate Competitive Research (commonly known as 
     ``EPSCoR'').
       (K) Any other matters the Commission deems relevant to the 
     advancing the defense research capacity of covered 
     institutions.
       (c) Reports.--
       (1) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Commission shall submit to 
     the President and Congress an initial report on the findings 
     of the Commission and such recommendations that the 
     Commission may have for action by the executive branch and 
     Congress related to the covered institutions participating in 
     Department of Defense research and actions necessary to 
     expand their research capacity.
       (2) Final report.--Prior to the date on which the 
     commission terminates under subsection (e), the Commission 
     shall submit to the President and Congress a comprehensive 
     report on the results of the review required under subsection 
     (b).
       (3) Form of reports.--Reports submitted under this 
     subsection shall be made publically available.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriate to carry this section $5,000,000 for each 
     of fiscal years 2020 and 2021. Funds made available to the 
     under the preceding sentence shall remain available until 
     expended.
       (e) Termination.--The Commission shall terminate on 
     December 31, 2021.
       (f) Covered Institution Defined.--In this section, the term 
     ``covered institution'' means--
       (1) a part B institution (as that term is defined in 
     section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1061(2)); or
       (2) any other institution of higher education (as that term 
     is defined in section 101 of such Act (20 U.S.C. 1001)) at 
     which not less than 50 percent of the total student 
     enrollment consists of students from ethnic groups that are 
     underrepresented in the fields of science and engineering.

     SEC. ___. CONSIDERATION OF SUBCONTRACTING TO MINORITY 
                   INSTITUTIONS.

       (a) In General.--Chapter 141 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2410t. Consideration of subcontracting to minority 
       institutions

       ``(a) Consideration of Subcontracting to Minority 
     Institutions.--The Secretary of Defense shall revise the 
     Department of Defense Supplement to the Federal Acquisition 
     Regulation to require that the system used by the Federal 
     Government to monitor or record contractor past performance 
     for a grant or contract awarded to an institution of higher 
     education includes incentives for the award of a sub-grant or 
     subcontract to minority institutions.
       ``(b) Minority Institution Defined.--In this section, the 
     term `minority institution' means--
       ``(1) a part B institution (as that term is defined in 
     section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1061(2)); or
       ``(2) any other institution of higher education (as that 
     term is defined in section 101 of such Act (20 U.S.C. 1001)) 
     at which not less than 50 percent of the total student 
     enrollment consists of students from ethnic groups that are 
     underrepresented in the fields of science and engineering.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2410t. Consideration of subcontracting to minority institutions.''.
                                 ______
                                 
  SA 696. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 866. REQUIREMENTS FOR COMMERCIAL E-PORTAL.

       Section 846(d) 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: ``In any 
     contract awarded to a commercial portal provider pursuant to 
     subsection (a), the Administrator shall require that the 
     provider--
       ``(1) not force participating suppliers to sell their 
     products to customers of the portal provider outside of the 
     program as a condition of participating in the portal;
       ``(2) clearly and conspicuously communicate to 
     participating suppliers that they are not required to sell 
     their products to customers of the portal provider outside of 
     the program as a condition to participating in the portal; 
     and
       ``(3) not take any direct or indirect punitive actions 
     against participating suppliers that do not sell to customers 
     of the portal provider outside of the program.''.
                                 ______
                                 
  SA 697. Ms. WARREN (for herself, Mr. Markey, Ms. Cantwell, Mrs.

[[Page S3708]]

Gillibrand, Mr. Van Hollen, and Mr. Merkley) submitted an amendment 
intended to be proposed by her to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 16__. PROHIBITION ON DEPLOYMENT OF LOW-YIELD SUBMARINE-
                   LAUNCHED BALLISTIC MISSILE.

       Notwithstanding any other provision of law, none of the 
     funds authorized to be appropriated by this Act or otherwise 
     made available for the Department of Defense may be obligated 
     or expended to arm Trident II D5 submarine-launched ballistic 
     missiles fielded on Ohio class ballistic missile submarines 
     with the W76-2 low-yield warhead.
                                 ______
                                 
  SA 698. Mr. BROWN (for himself, Mrs. Murray, Mr. Casey, Mr. Manchin, 
Ms. Baldwin, Mrs. Gillibrand, Mr. Tester, Mr. Murphy, and Mr. Sanders) 
submitted an amendment intended to be proposed by him to the bill S. 
1790, to authorize appropriations for fiscal year 2020 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1086. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR 
                   MEDICAL CARE UNDER CHAMPVA PROGRAM.

       (a) Increase.--Subsection (c) of section 1781 of title 38, 
     United States Code, is amended to read as follows:
       ``(c)(1) Notwithstanding clauses (i) and (iii) of section 
     101(4)(A) of this title and except as provided in paragraph 
     (2), for purposes of this section, a child is eligible for 
     benefits under subsection (a) until the child's 26th 
     birthday, regardless of the child's marital status.
       ``(2) This subsection shall not be construed to limit 
     eligibility for benefits under subsection (a) of a child 
     described in section 101(4)(A)(ii) of this title.''.
       (b) Effective Date.--Such subsection, as so amended, shall 
     apply with respect to medical care provided on or after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 699. Mr. BROWN (for himself and Mr. Scott of South Carolina) 
submitted an amendment intended to be proposed by him to the bill S. 
1790, to authorize appropriations for fiscal year 2020 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.

       (a) Increase.--Funds authorized to be appropriated in 
     Research, Development, Test, and Evaluation, Defense-wide, PE 
     0601228D8Z, section 4201, for Basic Research, Historically 
     Black Colleges and Universities/Minority Institutions, Line 
     006, are hereby increased by $17,586,000.
       (b) Offset.--Funding in section 4101 for Other Procurement, 
     Army, for Automated Data Processing Equipment, Line 112, is 
     hereby reduced by $17,586,000.
                                 ______
                                 
  SA 700. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF 
                   DEFENSE NATIONAL SECURITY SYSTEMS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report setting forth aggregate statistics on the number of 
     national security systems (as defined in section 11103 of 
     title 40, United States Code) operated by the Department of 
     Defense that do not encrypt at rest all data stored on such 
     systems.
                                 ______
                                 
  SA 701. Mr. MANCHIN submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONGRESSIONAL COMMISSION ON PREVENTING, COUNTERING, 
                   AND RESPONDING TO NUCLEAR AND RADIOLOGICAL 
                   TERRORISM.

       (a) Establishment.--There is hereby established a 
     commission, to be known as the ``Congressional Commission on 
     Preventing, Countering, and Responding to Nuclear and 
     Radiological Terrorism'' (referred to in this Act as the 
     ``Commission''), which shall develop a comprehensive strategy 
     to prevent, counter, and respond to nuclear and radiological 
     terrorism.
       (b) Composition.--
       (1) Membership.--The Commission shall be composed of 12 
     members, of whom--
       (A) 1 shall be appointed by the majority leader of the 
     Senate;
       (B) 1 shall be appointed by the minority leader of the 
     Senate;
       (C) 1 shall be appointed by the Speaker of the House of 
     Representatives;
       (D) 1 shall be appointed by the minority leader of the 
     House of Representatives;
       (E) 1 shall be appointed by the chairman of the Committee 
     on Armed Services of the Senate;
       (F) 1 shall be appointed by the ranking minority member of 
     the Committee on Armed Services of the Senate;
       (G) 1 shall be appointed by the chairman of the Committee 
     on Armed Services of the House of Representatives;
       (H) 1 shall be appointed by the ranking minority member of 
     the Committee on Armed Services of the House of 
     Representatives;
       (I) 1 shall be appointed by the chairman of the Committee 
     on Homeland Security and Governmental Affairs of the Senate;
       (J) 1 shall be appointed by the ranking minority member of 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate;
       (K) 1 shall be appointed by the chairman of the Committee 
     on Homeland Security of the House of Representatives; and
       (L) 1 shall be appointed by the ranking minority member of 
     the Committee on Homeland Security of the House of 
     Representatives.
       (2) Chairman; vice chairman.--
       (A) Chairman.--The chair of the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the chair 
     of the Committee on Homeland Security of the House of 
     Representatives shall jointly designate 1 member of the 
     Commission to serve as Chair of the Commission.
       (B) Vice chairman.--The ranking member of the Committee on 
     Armed Services of the Senate and the ranking member of the 
     Committee on Armed Services of the House of Representatives 
     shall jointly designate 1 member of the Commission to serve 
     as Vice Chair of the Commission.
       (3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall be filled in the same manner as the original 
     appointment.
       (c) Duties.--
       (1) Review.--After conducting a review of the United 
     States' current strategy, outlined in the National Strategy 
     for Countering Weapons of Mass Destruction Terrorism, to 
     prevent, counter, and respond to nuclear and radiological 
     terrorism, the Commission shall develop a comprehensive 
     strategy that--
       (A) identifies national and international nuclear and 
     radiological terrorism risks and critical emerging threats;
       (B) prevents state and nonstate actors from acquiring the 
     technologies, materials, and critical expertise needed to 
     mount nuclear or radiological attacks;
       (C) counters efforts by state and nonstate actors to mount 
     such attacks;
       (D) responds to nuclear and radiological terrorism 
     incidents to attribute their origin and help manage their 
     consequences;
       (E) provides the projected resources to implement and 
     sustain the strategy;
       (F) delineates indicators for assessing progress toward 
     implementing the strategy;
       (G) makes recommendations for improvements to the National 
     Strategy for Countering Weapons of Mass Destruction 
     Terrorism;
       (H) determines whether a Nuclear Nonproliferation Council 
     is needed to oversee and coordinate nuclear nonproliferation, 
     nuclear counterproliferation, nuclear security, and nuclear 
     arms control activities and programs of the United States 
     Government; and
       (I) if the Commission determines that such council is 
     needed, provides recommendations regarding--
       (i) appropriate council membership;
       (ii) frequency of meetings;
       (iii) responsibilities of the council;
       (iv) coordination within the United States Government; and
       (v) congressional reporting requirements.
       (2) Assessment and recommendations.--
       (A) Assessment.--The Commission shall assess the benefits 
     and risks associated with the current United States strategy 
     in relation to nuclear terrorism.

[[Page S3709]]

       (B) Recommendations.--The Commission shall develop 
     recommendations regarding the most effective nuclear 
     terrorism strategy.
       (d) Cooperation From Government.--
       (1) Cooperation.--In carrying out its duties, the 
     Commission shall receive the full and timely cooperation of 
     the Secretary of Defense, the Secretary of Energy, the 
     Secretary of Homeland Security, the Secretary of State, the 
     Director of National Intelligence, the National Security 
     Council, and any other United States Government official in 
     providing the Commission with analyses, briefings, and other 
     information necessary for the fulfillment of its 
     responsibilities.
       (2) Liaison.--The Secretary of Defense, the Secretary of 
     Energy, the Secretary of Homeland Security, the Secretary of 
     State, and the Director of National Intelligence shall each 
     designate at least 1 officer or employee of the Department of 
     Defense, the Department of Energy, the Department of State, 
     the National Security Council, and the intelligence 
     community, respectively, to serve as a liaison officer with 
     the Commission.
       (e) Strategic Report.--
       (1) In general.--Not later than December 1, 2020, the 
     Commission shall submit a strategic report containing the 
     Commission's findings, conclusions, and recommendations to--
       (A) the President;
       (B) the Secretary of Defense;
       (C) the Secretary of Energy;
       (D) the Secretary of State;
       (E) the Secretary of Homeland Security;
       (F) the Director of National Intelligence;
       (G) the Committee on Armed Services of the Senate; and
       (H) the Committee on Armed Services of the House of 
     Representatives.
       (2) Contents.--The report required under paragraph (1) 
     shall outline how the Federal Government will--
       (A) encourage and incentivize other countries and relevant 
     international organizations, such as the International Atomic 
     Energy Agency and INTERPOL, to make nuclear and radiological 
     security a priority;
       (B) improve cooperation, with a focus on developing and 
     deploying technologies to detect and prevent illicit 
     transfers of weapons of mass destruction-related materials, 
     equipment, and technology, and appropriate integration among 
     Federal entities and Federal, State, and tribal governments; 
     and
       (C) improve cooperation, with a focus on developing and 
     deploying technologies to detect and prevent illicit 
     transfers of weapons of mass destruction-related materials, 
     equipment, and technology, between the United States and 
     other countries and international organizations, while 
     focusing on cooperation with China, India, Pakistan, and 
     Russia.
       (f) Termination.--The Commission shall terminate on the 
     date on which the report is submitted under subsection 
     (e)(1).
                                 ______
                                 
  SA 702. Mr. GRAHAM (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 3116. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO 
                   PLUTONIUM PIT PRODUCTION CAPACITY.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) rebuilding a robust plutonium pit production 
     infrastructure with a capacity of up to 80 pits per year is 
     critical to maintaining the viability of the nuclear 
     stockpile;
       (2) that effort will require cooperation from experts 
     across the nuclear security enterprise; and
       (3) any further delay to achieving a plutonium sustainment 
     capability to support the planned stockpile life extension 
     programs will result in an unacceptable capability gap to our 
     deterrent posture.
       (b) Modification to Requirements.--Section 4219 of the 
     Atomic Energy Defense Act (50 U.S.C. 2538a) is amended--
       (1) in subsection (a), by striking paragraph (5) and 
     inserting the following:
       ``(5) during 2030, produces not less than 80 war reserve 
     plutonium pits.'';
       (2) by striking subsection (b);
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively;
       (4) in subsection (b), as redesignated by paragraph (2), by 
     striking ``2027 (or, if the authority under subsection (b) is 
     exercised, 2029)'' and inserting ``2030''; and
       (5) in subsection (c), as redesignated by paragraph (2), by 
     striking ``subsection (c)'' and inserting ``subsection (b)''.
                                 ______
                                 
  SA 703. Mrs. CAPITO (for herself, Mr. Carper, Mr. Barrasso, Mr. 
Sullivan, Mrs. Shaheen, Mr. Gardner, Mrs. Gillibrand, and Mr. Toomey) 
submitted an amendment intended to be proposed by her to the bill S. 
1790, to authorize appropriations for fiscal year 2020 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       In section 318(a), add at the end the following:
       (3) Other authority.--In addition to the requirements under 
     paragraph (1), when otherwise authorized to expend funds for 
     the purpose of addressing ground or surface water 
     contaminated by a perfluorinated compound, the Secretary of 
     Defense may, to expend those funds, enter into a grant 
     agreement, cooperative agreement, or contract with--
       (A) the local water authority with jurisdiction over the 
     contamination site, including--
       (i) a public water system (as defined in section 1401 of 
     the Safe Drinking Water Act (42 U.S.C. 300f)); and
       (ii) a publicly owned treatment works (as defined in 
     section 212 of the Federal Water Pollution Control Act (33 
     U.S.C. 1292)); or
       (B) a State, local, or Tribal government.
       At the end of division A, add the following:

TITLE XVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING WATER 
                               ASSISTANCE

     SEC. 1701. DEFINITION OF ADMINISTRATOR.

       In this title, the term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.

                  Subtitle A--PFAS Release Disclosure

     SEC. 1711. ADDITIONS TO TOXICS RELEASE INVENTORY.

       (a) Definition of Toxics Release Inventory.--In this 
     section, the term ``toxics release inventory'' means the 
     toxics release inventory under section 313(c) of the 
     Emergency Planning and Community Right-To-Know Act of 1986 
     (42 U.S.C. 11023(c)).
       (b) Immediate Inclusion.--
       (1) In general.--Subject to subsection (e), beginning 
     January 1 of the calendar year following the date of 
     enactment of this Act, the following chemicals shall be 
     deemed to be included in the toxics release inventory:
       (A) Perfluorooctanoic acid (commonly referred to as 
     ``PFOA'') (Chemical Abstracts Service No. 335-67-1).
       (B) The salt associated with the chemical described in 
     subparagraph (A) (Chemical Abstracts Service No. 3825-26-1).
       (C) Perfluorooctane sulfonic acid (commonly referred to as 
     ``PFOS'') (Chemical Abstracts Service No. 1763-23-1).
       (D) The salts associated with the chemical described in 
     subparagraph (C) (Chemical Abstract Service Nos. 45298-90-6, 
     29457-72-5, 56773-42-3, 29081-56-9, 4021-47-0, 111873-33-7, 
     and 91036-71-4).
       (E) A perfluoroalkyl or polyfluoroalkyl substance or class 
     of perfluoroalkyl or polyfluoroalkyl substances that is--
       (i) listed as an active chemical substance in the February 
     2019 update to the inventory under section 8(b)(1) of the 
     Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and
       (ii) on the date of enactment of this Act, subject to the 
     provisions of--

       (I) section 721.9582 of title 40, Code of Federal 
     Regulations; or
       (II) section 721.10536 of title 40, Code of Federal 
     Regulations.

       (2) Threshold for reporting.--
       (A) In general.--Subject to subparagraph (B), the threshold 
     for reporting the chemicals described in paragraph (1) under 
     section 313(f)(1) of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(1)) is 100 
     pounds.
       (B) Revisions.--Not later than 5 years after the date of 
     enactment of this Act, the Administrator shall--
       (i) determine whether revision of the threshold under 
     subparagraph (A) is warranted; and
       (ii) if the Administrator determines a revision to be 
     warranted under clause (i), initiate a revision under section 
     313(f)(2) of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11023(f)(2)).
       (c) Inclusion Following Assessment.--
       (1) In general.--Subject to subsection (e), a 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances shall be 
     automatically included in the toxics release inventory 
     beginning January 1 of the calendar year after any of the 
     following dates:
       (A) Establishment of toxicity value.--The date on which the 
     Administrator establishes a toxicity value for the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances.
       (B) Significant new use rule.--The date on which the 
     Administrator finalizes a significant new use rule under 
     subsection (a)(2) of section 5 of the Toxic Substances 
     Control Act (15 U.S.C. 2604), except a significant new use 
     rule promulgated in connection with an order issued under 
     subsection (e) of that section, for the perfluoroalkyl or 
     polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances.
       (C) Addition to existing significant new use rule.--The 
     date on which the perfluoroalkyl or polyfluoroalkyl substance 
     or class of perfluoroalkyl or polyfluoroalkyl substances is 
     added to a list of substances covered by a significant new 
     use rule previously promulgated under subsection (a)(2) of 
     section 5 of the Toxic Substances Control Act (15 U.S.C. 
     2604), except a significant new use rule promulgated in 
     connection with an

[[Page S3710]]

     order issued under subsection (e) of that section.
       (D) Addition as active chemical substance.--The date on 
     which the perfluoroalkyl or polyfluoroalkyl substance or 
     class of perfluoroalkyl or polyfluoroalkyl substances that is 
     on a list of substances covered by a significant new use rule 
     under subsection (a)(2) of section 5 of the Toxic Substances 
     Control Act (15 U.S.C. 2604), except a significant new use 
     rule promulgated in connection with an order issued under 
     subsection (e) of that section, is--
       (i) added to the inventory under subsection (b)(1) of 
     section 8 of the Toxic Substances Control Act (15 U.S.C. 
     2607) and designated as an active chemical substance under 
     subsection (b)(5)(A) of that section; or
       (ii) designated as an active chemical substance on the 
     inventory in accordance with subsection (b)(5)(B) of that 
     section.
       (2) Threshold for reporting.--
       (A) In general.--Subject to subparagraph (B), the threshold 
     for reporting under section 313(f)(1) of the Emergency 
     Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
     11203(f)(1)) the substances and classes of substances 
     included in the toxics release inventory under paragraph (1) 
     is 100 pounds.
       (B) Revisions.--Not later than 5 years after the date of 
     enactment of this Act, the Administrator shall--
       (i) determine whether revision of the thresholds under 
     subparagraph (A) is warranted; and
       (ii) if the Administrator determines a revision to be 
     warranted under clause (i), initiate a revision under section 
     313(f)(2) of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11023(f)(2)).
       (d) Inclusion Following Determination.--
       (1) In general.--To the extent not already subject to 
     subsection (b), not later than 2 years after the date of 
     enactment of this Act, the Administrator shall determine 
     whether the substances and classes of substances described in 
     paragraph (2) meet the criteria described in section 
     313(d)(2) of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the 
     toxics release inventory.
       (2) Substances described.--The substances and classes of 
     substances referred to in paragraph (1) are perfluoroalkyl 
     and polyfluoroalkyl substances and classes of perfluoroalkyl 
     and polyfluoroalkyl substances, including--
       (A) hexafluoropropylene oxide dimer acid (Chemical 
     Abstracts Service No. 13252-13-6);
       (B) the compounds associated with the chemical described in 
     subparagraph (A) (Chemical Abstracts Service Nos. 62037-80-3 
     and 2062-98-8);
       (C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] 
     ammonium salt (Chemical Abstracts Service No. 908020-52-0);
       (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
     (trifluoromethoxy) propanoyl fluoride (Chemical Abstracts 
     Service No. 2479-75-6);
       (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
     (trifluoromethoxy) propionic acid (Chemical Abstracts Service 
     No. 2479-73-4);
       (F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] 
     (Chemical Abstracts Service No. 919005-14-4);
       (G) the salts associated with the chemical described in 
     subparagraph (F) (Chemical Abstracts Service Nos. 958445-44-
     8, 1087271-46-2, and NOCAS_892452);
       (H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
     tridecafluoro-potassium salt (Chemical Abstracts Service No. 
     59587-38-1);
       (I) perfluorobutanesulfonic acid (Chemical Abstracts 
     Service No. 375-73-5);
       (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-
     potassium salt (Chemical Abstracts Service No. 29420-49-3);
       (K) the component associated with the chemical described in 
     subparagraph (J) (Chemical Abstracts Service No. 45187-15-3);
       (L) heptafluorobutyric acid (Chemical Abstracts Service No. 
     375-22-4);
       (M) perfluorohexanoic acid (Chemical Abstracts Service No. 
     307-24-4);
       (N) each perfluoroalkyl or polyfluoroalkly substance or 
     class of perfluoroalkyl or polyfluoroalkyl substances for 
     which a method to measure levels in drinking water has been 
     validated by the Administrator; and
       (O) a perfluoroalkyl and polyfluoroalkyl substance or class 
     of perfluoroalkyl or polyfluoroalkyl substances other than 
     the chemicals described in subparagraphs (A) through (N) that 
     is used to manufacture fluoropolymers, as determined by the 
     Administrator.
       (3) Addition to toxics release inventory.--Subject to 
     subsection (e), if the Administrator determines under 
     paragraph (1) that a substance or a class of substances 
     described in paragraph (2) meets the criteria described in 
     section 313(d)(2) of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the 
     Administrator shall revise the toxics release inventory to 
     include that substance or class of substances not later than 
     2 years after the date on which the Administrator makes the 
     determination.
       (e) Confidential Business Information.--
       (1) In general.--Prior to including on the toxics release 
     inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) 
     any perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances the chemical 
     identity of which is subject to a claim of a person of 
     protection from disclosure under subsection (a) of section 
     552 of title 5, United States Code, pursuant to subsection 
     (b)(4) of that section, the Administrator shall--
       (A) review that claim of protection from disclosure; and
       (B) require that person to reassert and substantiate or 
     resubstantiate that claim in accordance with section 14(f) of 
     the Toxic Substances Control Act (15 U.S.C. 2613(f)).
       (2) Nondisclosure of protection information.--If the 
     Administrator determines that the chemical identity of a 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances qualifies for 
     protection from disclosure under paragraph (1), the 
     Administrator shall include the substance or class of 
     substances, as applicable, on the toxics release inventory in 
     a manner that does not disclose the protected information.
       (f) Emergency Planning and Community Right-To-Know Act of 
     1986.--Section 313(c) of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended--
       (1) by striking the period at the end and inserting ``; 
     and'';
       (2) by striking ``are those chemicals'' and inserting the 
     following: ``are--
       ``(1) the chemicals''; and
       (3) by adding at the end the following:
       ``(2) the chemicals included under subsections (b)(1), 
     (c)(1), and (d)(3) of section 1711 of the National Defense 
     Authorization Act for Fiscal Year 2020.''.

                       Subtitle B--Drinking Water

     SEC. 1721. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR 
                   PFAS.

       Section 1412(b)(2) of the Safe Drinking Water Act (42 
     U.S.C. 300g-1(b)(2)) is amended by adding at the end the 
     following:
       ``(D) Perfluoroalkyl and polyfluoroalkyl substances.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this subparagraph, the Administrator shall 
     promulgate a national primary drinking water regulation for 
     perfluoroalkyl and polyfluoroalkyl substances, which shall, 
     at a minimum, include standards for--

       ``(I) perfluorooctanoic acid (commonly referred to as 
     `PFOA'); and
       ``(II) perfluorooctane sulfonic acid (commonly referred to 
     as `PFOS').

       ``(ii) Alternative procedures.--

       ``(I) In general.--Not later than 1 year after the 
     validation by the Administrator of an equally effective 
     quality control and testing procedure to ensure compliance 
     with that national primary drinking water regulation to 
     measure the levels described in subclause (II) or other 
     methods to detect and monitor perfluoroalkyl and 
     polyfluoroalkyl substances in drinking water, the 
     Administrator shall add the procedure or method as an 
     alternative to the quality control and testing procedure 
     described in that national primary drinking water regulation 
     by publishing the procedure or method in the Federal 
     Register.
       ``(II) Levels described.--The levels referred to in 
     subclause (I) are--

       ``(aa) the level of a perfluoroalkyl or polyfluoroalkyl 
     substance;
       ``(bb) the total levels of perfluoroalkyl and 
     polyfluoroalkyl substances; and
       ``(cc) the total levels of organic fluorine.
       ``(iii) Inclusions.--The Administrator may include a 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances on--

       ``(I) the list of contaminants for consideration of 
     regulation under paragraph (1)(B)(i); and
       ``(II) the list of unregulated contaminants to be monitored 
     under section 1445(a)(2)(B)(i).

       ``(iv) Monitoring.--When establishing monitoring 
     requirements for public water systems as part of a national 
     primary drinking water regulation under clause (i) or clause 
     (vi)(II), the Administrator shall tailor the monitoring 
     requirements for public water systems that do not detect or 
     are reliably and consistently below the maximum contaminant 
     level (as defined in section 1418(b)(2)(B)) for the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances subject to the 
     national primary drinking water regulation.
       ``(v) Health risk reduction and cost analysis.--In meeting 
     the requirements of paragraph (3)(C), the Administrator may 
     rely on information available to the Administrator with 
     respect to 1 or more specific perfluoroalkyl or 
     polyfluoroalkyl substances to extrapolate reasoned 
     conclusions regarding the health risks and effects of a class 
     of perfluoroalkyl or polyfluoroalkyl substances of which the 
     specific perfluoroalkyl or polyfluoroalkyl substances are a 
     part.
       ``(vi) Regulation of additional substances.--

       ``(I) Determination.--The Administrator shall make a 
     determination under paragraph (1)(A), using the criteria 
     described in clauses (i) through (iii) of that paragraph, 
     whether to include a perfluoroalkyl or polyfluoroalkyl 
     substance or class of perfluoroalkyl or polyfluoroalkyl 
     substances in the national primary drinking water regulation 
     under clause (i) not later than 18 months after the later 
     of--

       ``(aa) the date on which the perfluoroalkyl or 
     polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances is listed on the list of 
     contaminants for consideration of regulation under paragraph 
     (1)(B)(i); and
       ``(bb) the date on which--

[[Page S3711]]

       ``(AA) the Administrator has received the results of 
     monitoring under section 1445(a)(2)(B) for the perfluoroalkyl 
     or polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substance; or
       ``(BB) the Administrator has received finished water data 
     or finished water monitoring surveys for the perfluoroalkyl 
     or polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances from a Federal or State agency 
     that the Administrator determines to be sufficient to make a 
     determination under paragraph (1)(A).

       ``(II) Primary drinking water regulations.--

       ``(aa) In general.--For each perfluoroalkyl or 
     polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances that the Administrator determines 
     to regulate under subclause (I), the Administrator--
       ``(AA) not later than 18 months after the date on which the 
     Administrator makes the determination, shall propose a 
     national primary drinking water regulation for the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances; and
       ``(BB) may publish the proposed national primary drinking 
     water regulation described in subitem (AA) concurrently with 
     the publication of the determination to regulate the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substances.
       ``(bb) Deadline.--
       ``(AA) In general.--Not later than 1 year after the date on 
     which the Administrator publishes a proposed national primary 
     drinking water regulation under item (aa)(AA) and subject to 
     subitem (BB), the Administrator shall take final action on 
     the proposed national primary drinking water regulation.
       ``(BB) Extension.--The Administrator, on publication of 
     notice in the Federal Register, may extend the deadline under 
     subitem (AA) by not more than 6 months.
       ``(vii) Lifetime drinking water health advisory.--

       ``(I) In general.--Subject to subclause (II), the 
     Administrator shall publish a health advisory under paragraph 
     (1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or 
     class of perfluoroalkyl or polyfluoroalkyl substances not 
     later than 1 year after the later of--

       ``(aa) the date on which the Administrator finalizes a 
     toxicity value for the perfluoroalkyl or polyfluoroalkyl 
     substance or class of perfluoroalkyl or polyfluoroalkyl 
     substances; and
       ``(bb) the date on which the Administrator validates an 
     effective quality control and testing procedure for the 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl or polyfluoroalkyl substance, if such a 
     procedure did not exist on the date on which the toxicity 
     value described in item (aa) was finalized.

       ``(II) Waiver.--The Administrator may waive the 
     requirements of subclause (I) with respect to a 
     perfluoroalkyl or polyfluoroalkyl substance or class of 
     perfluoroalkyl and polyfluoroalkyl substances if the 
     Administrator determines that there is a substantial 
     likelihood that the perfluoroalkyl or polyfluoroalkyl 
     substance or class of perfluoroalkyl or polyfluoroalkyl 
     substances will not occur in drinking water.''.

     SEC. 1722. MONITORING AND DETECTION.

       (a) Monitoring Program for Unregulated Contaminants.--
       (1) In general.--The Administrator shall include each 
     substance described in paragraph (2) in the fifth publication 
     of the list of unregulated contaminants to be monitored under 
     section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 
     U.S.C. 300j-4(a)(2)(B)(i)).
       (2) Substances described.--The substances referred to in 
     paragraph (1) are perfluoroalkyl and polyfluoroalkyl 
     substances and classes of perfluoroalkyl and polyfluoroalkyl 
     substances--
       (A) for which a method to measure the level in drinking 
     water has been validated by the Administrator; and
       (B) that are not subject to a national primary drinking 
     water regulation under clause (i) or (vi)(II) of subparagraph 
     (D) of section 1412(b)(2) of the Safe Drinking Water Act (42 
     U.S.C. 300g-1(b)(2)).
       (3) Exception.--The perfluoroalkyl and polyfluoroalkyl 
     substances and classes of perfluoroalkyl and polyfluoroalkyl 
     substances included in the list of unregulated contaminants 
     to be monitored under section 1445(a)(2)(B)(i) of the Safe 
     Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under 
     paragraph (1) shall not count towards the limit of 30 
     unregulated contaminants to be monitored by public water 
     systems under that section.
       (b) Applicability.--
       (1) In general.--The Administrator shall--
       (A) require public water systems serving more than 10,000 
     persons to monitor for the substances described in subsection 
     (a)(2);
       (B) subject to paragraph (2) and the availability of 
     appropriations, require public water systems serving not 
     fewer than 3,300 and not more than 10,000 persons to monitor 
     for the substances described in subsection (a)(2); and
       (C) subject to paragraph (2) and the availability of 
     appropriations, ensure that only a representative sample of 
     public water systems serving fewer than 3,300 persons are 
     required to monitor for the substances described in 
     subsection (a)(2).
       (2) Requirement.--If the Administrator determines that 
     there is not sufficient laboratory capacity to carry out the 
     monitoring required under subparagraphs (B) and (C) of 
     paragraph (1), the Administrator may waive the monitoring 
     requirements in those subparagraphs.
       (3) Funds.--The Administrator shall pay the reasonable cost 
     of such testing and laboratory analysis as is necessary to 
     carry out the monitoring required under paragraph (1) from--
       (A) funds made available under subsection (a)(2)(H) or 
     (j)(5) of section 1445 of the Safe Drinking Water Act (42 
     U.S.C. 300j-4); or
       (B) any other funds made available for that purpose.

     SEC. 1723. ENFORCEMENT.

       Notwithstanding any other provision of law, the 
     Administrator may not impose financial penalties for the 
     violation of a national primary drinking water regulation (as 
     defined in section 1401 of the Safe Drinking Water Act (42 
     U.S.C. 300f)) with respect to a perfluoroalkyl or 
     polyfluoroalkyl substance or class of perfluoroalkyl or 
     polyfluoroalkyl substances for which a national primary 
     drinking water regulation has been promulgated under clause 
     (i) or (vi) of subparagraph (D) of section 1412(b)(2) of the 
     Safe Drinking Water Act (42 U.S.C. 300g-1(b)(2)) earlier than 
     the date that is 5 years after the date on which the 
     Administrator promulgates the national primary drinking water 
     regulation.

     SEC. 1724. EMERGING CONTAMINANTS GRANTS.

       Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1459E. EMERGING CONTAMINANTS GRANTS.

       ``(a) In General.--Subject to subsection (b), the 
     Administrator shall establish a program to provide grants to 
     public water systems for the purpose of addressing emerging 
     contaminants, with a focus on perfluoroalkyl and 
     polyfluoroalkyl substances.
       ``(b) Requirements.--
       ``(1) Small and disadvantaged communities.--Not less than 
     25 percent of the amounts made available to carry out this 
     section shall be used to provide grants to--
       ``(A) public water systems serving disadvantaged 
     communities (as defined in section 1452(d)(3)); or
       ``(B) public water systems serving fewer than 25,000 
     persons.
       ``(2) Priorities.--In selecting recipients of grants under 
     subsection (a), the Administrator shall use the priorities 
     described in section 1452(b)(3)(A).
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2020 through 2024, to remain available 
     until expended.''.

                       Subtitle C--PFAS Detection

     SEC. 1731. DEFINITIONS.

       In this subtitle:
       (1) Director.--The term ``Director'' means the Director of 
     the United States Geological Survey.
       (2) Perfluorinated compound.--
       (A) In general.--The term ``perfluorinated compound'' means 
     a perfluoroalkyl substance or a polyfluoroalkyl substance 
     that is manmade with at least 1 fully fluorinated carbon 
     atom.
       (B) Definitions.--In this definition:
       (i) Fully fluorinated carbon atom.--The term ``fully 
     fluorinated carbon atom'' means a carbon atom on which all 
     the hydrogen substituents have been replaced by fluorine.
       (ii) Nonfluorinated carbon atom.--The term ``nonfluorinated 
     carbon atom'' means a carbon atom on which no hydrogen 
     substituents have been replaced by fluorine.
       (iii) Partially fluorinated carbon atom.--The term 
     ``partially fluorinated carbon atom'' means a carbon atom on 
     which some, but not all, of the hydrogen substituents have 
     been replaced by fluorine.
       (iv) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
     substance'' means a manmade chemical of which all of the 
     carbon atoms are fully fluorinated carbon atoms.
       (v) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl 
     substance'' means a manmade chemical containing a mix of 
     fully fluorinated carbon atoms, partially fluorinated carbon 
     atoms, and nonfluorinated carbon atoms.

     SEC. 1732. PERFORMANCE STANDARD FOR THE DETECTION OF 
                   PERFLUORINATED COMPOUNDS.

       (a) In General.--The Director shall establish a performance 
     standard for the detection of perfluorinated compounds.
       (b) Emphasis.--
       (1) In general.--In developing the performance standard 
     under subsection (a), the Director shall emphasize the 
     ability to detect as many perfluorinated compounds present in 
     the environment as possible using analytical methods that--
       (A) achieve limits of quantitation (as defined in the 
     document of the United States Geological Survey entitled 
     ``Analytical Methods for Chemical Analysis of Geologic and 
     Other Materials, U.S. Geological Survey'' and dated 2002); 
     and
       (B) are as sensitive as is feasible and practicable.
       (2) Requirement.--In developing the performance standard 
     under subsection (a), the Director may--
       (A) develop quality assurance and quality control measures 
     to ensure accurate sampling and testing;
       (B) develop a training program with respect to the 
     appropriate method of sample

[[Page S3712]]

     collection and analysis of perfluorinated compounds; and
       (C) coordinate with the Administrator, including, if 
     appropriate, coordinating to develop media-specific, 
     validated analytical methods to detect individual and 
     different perfluorinated compounds simultaneously.

     SEC. 1733. NATIONWIDE SAMPLING.

       (a) In General.--The Director shall carry out a nationwide 
     sampling to determine the concentration of perfluorinated 
     compounds in estuaries, lakes, streams, springs, wells, 
     wetlands, rivers, aquifers, and soil using the performance 
     standard developed under section 1732(a).
       (b) Requirements.--In carrying out the sampling under 
     subsection (a), the Director shall--
       (1) first carry out the sampling at sources of drinking 
     water near locations with known or suspected releases of 
     perfluorinated compounds;
       (2) when carrying out sampling of sources of drinking water 
     under paragraph (1), carry out the sampling prior to any 
     treatment of the water;
       (3) survey for ecological exposure to perfluorinated 
     compounds, with a priority in determining direct human 
     exposure through drinking water; and
       (4) consult with--
       (A) States to determine areas that are a priority for 
     sampling; and
       (B) the Administrator--
       (i) to enhance coverage of the sampling; and
       (ii) to avoid unnecessary duplication.
       (c) Report.--Not later than 90 days after the completion of 
     the sampling under subsection (a), the Director shall prepare 
     a report describing the results of the sampling and submit 
     the report to--
       (1) the Committee on Environment and Public Works and the 
     Committee on Energy and Natural Resources of the Senate;
       (2) the Committee on Energy and Commerce of the House of 
     Representatives;
       (3) the Senators of each State in which the Director 
     carried out the sampling; and
       (4) each Member of the House of Representatives that 
     represents a district in which the Director carried out the 
     sampling.

     SEC. 1734. DATA USAGE.

       (a) In General.--The Director shall provide the sampling 
     data collected under section 1733 to--
       (1) the Administrator; and
       (2) other Federal and State regulatory agencies on request.
       (b) Usage.--The sampling data provided under subsection (a) 
     shall be used to inform and enhance assessments of exposure, 
     likely health and environmental impacts, and remediation 
     priorities.

     SEC. 1735. COLLABORATION.

       In carrying out this subtitle, the Director shall 
     collaborate with--
       (1) appropriate Federal and State regulators;
       (2) institutions of higher education;
       (3) research institutions; and
       (4) other expert stakeholders.

     SEC. 1736. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Director to 
     carry out this subtitle--
       (1) $5,000,000 for fiscal year 2020; and
       (2) $10,000,000 for each of fiscal years 2021 through 2024.

               Subtitle D--Safe Drinking Water Assistance

     SEC. 1741. DEFINITIONS.

       In this subtitle:
       (1) Contaminant.--The term ``contaminant'' means any 
     physical, chemical, biological, or radiological substance or 
     matter in water.
       (2) Contaminant of emerging concern; emerging 
     contaminant.--The terms ``contaminant of emerging concern'' 
     and ``emerging contaminant'' mean a contaminant--
       (A) for which the Administrator has not promulgated a 
     national primary drinking water regulation; and
       (B) that may have an adverse effect on the health of 
     individuals.
       (3) Federal research strategy.--The term ``Federal research 
     strategy'' means the coordinated cross-agency plan for 
     addressing critical research gaps related to detecting, 
     assessing exposure to, and identifying the adverse health 
     effects of emerging contaminants in drinking water developed 
     by the Office of Science and Technology Policy in response to 
     the report of the Committee on Appropriations of the Senate 
     accompanying S. 1662 of the 115th Congress (S. Rept. 115-
     139).
       (4) Technical assistance and support.--The term ``technical 
     assistance and support'' includes--
       (A) assistance with--
       (i) identifying appropriate analytical methods for the 
     detection of contaminants;
       (ii) understanding the strengths and limitations of the 
     analytical methods described in clause (i);
       (iii) troubleshooting the analytical methods described in 
     clause (i);
       (B) providing advice on laboratory certification program 
     elements;
       (C) interpreting sample analysis results;
       (D) providing training with respect to proper analytical 
     techniques;
       (E) identifying appropriate technology for the treatment of 
     contaminants; and
       (F) analyzing samples, if--
       (i) the analysis cannot be otherwise obtained in a 
     practicable manner otherwise; and
       (ii) the capability and capacity to perform the analysis is 
     available at a Federal facility.
       (5) Working group.--The term ``Working Group'' means the 
     Working Group established under section 1742(b)(1).

     SEC. 1742. RESEARCH AND COORDINATION PLAN FOR ENHANCED 
                   RESPONSE ON EMERGING CONTAMINANTS.

       (a) In General.--The Administrator shall--
       (1) review Federal efforts--
       (A) to identify, monitor, and assist in the development of 
     treatment methods for emerging contaminants; and
       (B) to assist States in responding to the human health 
     risks posed by contaminants of emerging concern; and
       (2) in collaboration with owners and operators of public 
     water systems, States, and other interested stakeholders, 
     establish a strategic plan for improving the Federal efforts 
     referred to in paragraph (1).
       (b) Interagency Working Group on Emerging Contaminants.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator and the Secretary of 
     Health and Human Services shall jointly establish a Working 
     Group to coordinate the activities of the Federal Government 
     to identify and analyze the public health effects of drinking 
     water contaminants of emerging concern.
       (2) Membership.--The Working Group shall include 
     representatives of the following:
       (A) The Environmental Protection Agency, appointed by the 
     Administrator.
       (B) The following agencies, appointed by the Secretary of 
     Health and Human Services:
       (i) The National Institutes of Health.
       (ii) The Centers for Disease Control and Prevention.
       (iii) The Agency for Toxic Substances and Disease Registry.
       (C) The United States Geological Survey, appointed by the 
     Secretary of the Interior.
       (D) Any other Federal agency the assistance of which the 
     Administrator determines to be necessary to carry out this 
     subsection, appointed by the head of the respective agency.
       (3) Existing working group.--The Administrator may expand 
     or modify the duties of an existing working group to perform 
     the duties of the Working Group under this subsection.
       (c) National Emerging Contaminant Research Initiative.--
       (1) Federal research strategy.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of Science 
     and Technology Policy (referred to in this subsection as the 
     ``Director'') shall coordinate with the heads of the agencies 
     described in subparagraph (C) to establish a research 
     initiative, to be known as the ``National Emerging 
     Contaminant Research Initiative'', that shall--
       (i) use the Federal research strategy to improve the 
     identification, analysis, monitoring, and treatment methods 
     of contaminants of emerging concern; and
       (ii) develop any necessary program, policy, or budget to 
     support the implementation of the Federal research strategy, 
     including mechanisms for joint agency review of research 
     proposals, for interagency cofunding of research activities, 
     and for information sharing across agencies.
       (B) Research on emerging contaminants.--In carrying out 
     subparagraph (A), the Director shall--
       (i) take into consideration consensus conclusions from 
     peer-reviewed, pertinent research on emerging contaminants; 
     and
       (ii) in consultation with the Administrator, identify 
     priority emerging contaminants for research emphasis.
       (C) Federal participation.--The agencies referred to in 
     subparagraph (A) include--
       (i) the National Science Foundation;
       (ii) the National Institutes of Health;
       (iii) the Environmental Protection Agency;
       (iv) the National Institute of Standards and Technology;
       (v) the United States Geological Survey; and
       (vi) any other Federal agency that contributes to research 
     in water quality, environmental exposures, and public health, 
     as determined by the Director.
       (D) Participation from additional entities.--In carrying 
     out subparagraph (A), the Director shall consult with 
     nongovernmental organizations, State and local governments, 
     and science and research institutions determined by the 
     Director to have scientific or material interest in the 
     National Emerging Contaminant Research Initiative.
       (2) Implementation of research recommendations.--
       (A) In general.--Not later than 1 year after the date on 
     which the Director and heads of the agencies described in 
     paragraph (1)(C) establish the National Emerging Contaminant 
     Research Initiative under paragraph (1)(A), the head of each 
     agency described in paragraph (1)(C) shall--
       (i) issue a solicitation for research proposals consistent 
     with the Federal research strategy; and
       (ii) make grants to applicants that submit research 
     proposals selected by the National Emerging Contaminant 
     Research Initiative in accordance with subparagraph (B).
       (B) Selection of research proposals.--The National Emerging 
     Contaminant Research Initiative shall select research 
     proposals to receive grants under this paragraph on the basis 
     of merit, using criteria identified by the Director, 
     including the likelihood that the proposed research will 
     result in significant progress toward achieving the 
     objectives identified in the Federal research strategy.

[[Page S3713]]

       (C) Eligible entities.--Any entity or group of 2 or more 
     entities may submit to the head of each agency described in 
     paragraph (1)(C) a research proposal in response to the 
     solicitation for research proposals described in subparagraph 
     (A)(i), including--
       (i) State and local agencies;
       (ii) public institutions, including public institutions of 
     higher education;
       (iii) private corporations; and
       (iv) nonprofit organizations.
       (d) Federal Technical Assistance and Support for States.--
       (1) Study.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall conduct a 
     study on actions the Administrator can take to increase 
     technical assistance and support for States with respect to 
     emerging contaminants in drinking water samples.
       (B) Contents of study.--In carrying out the study described 
     in subparagraph (A), the Administrator shall identify--
       (i) methods and effective treatment options to increase 
     technical assistance and support with respect to emerging 
     contaminants to States, including identifying opportunities 
     for States to improve communication with various audiences 
     about the risks associated with emerging contaminants;
       (ii) means to facilitate access to qualified contract 
     testing laboratory facilities that conduct analyses for 
     emerging contaminants; and
       (iii) actions to be carried out at existing Federal 
     laboratory facilities, including the research facilities of 
     the Administrator, to provide technical assistance and 
     support for States that require testing facilities for 
     emerging contaminants.
       (C) Availability of analytical resources.--In carrying out 
     the study described in subparagraph (A), the Administrator 
     shall consider--
       (i) the availability of--

       (I) Federal and non-Federal laboratory capacity; and
       (II) validated methods to detect and analyze contaminants; 
     and

       (ii) other factors determined to be appropriate by the 
     Administrator.
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results of the study 
     described in paragraph (1).
       (3) Program to provide federal assistance to states.--
       (A) In general.--Not later than 3 years after the date of 
     enactment of this Act, based on the findings in the report 
     described in paragraph (2), the Administrator shall develop a 
     program to provide technical assistance and support to 
     eligible States for the testing and analysis of emerging 
     contaminants.
       (B) Application.--
       (i) In general.--To be eligible for technical assistance 
     and support under this paragraph, a State shall submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require.
       (ii) Criteria.--The Administrator shall evaluate an 
     application for technical assistance and support under this 
     paragraph on the basis of merit using criteria identified by 
     the Administrator, including--

       (I) the laboratory facilities available to the State;
       (II) the availability and applicability of existing 
     analytical methodologies;
       (III) the potency and severity of the emerging contaminant, 
     if known; and
       (IV) the prevalence and magnitude of the emerging 
     contaminant.

       (iii) Prioritization.--In selecting States to receive 
     technical assistance and support under this paragraph, the 
     Administrator--

       (I) shall give priority to States with affected areas 
     primarily in financially distressed communities;
       (II) may--

       (aa) waive the application process in an emergency 
     situation; and
       (bb) require an abbreviated application process for the 
     continuation of work specified in a previously approved 
     application that continues to meet the criteria described in 
     clause (ii); and

       (III) shall consider the relative expertise and 
     availability of--

       (aa) Federal and non-Federal laboratory capacity available 
     to the State;
       (bb) analytical resources available to the State; and
       (cc) other types of technical assistance available to the 
     State.
       (C) Database of available resources.--The Administrator 
     shall establish and maintain a database of resources 
     available through the program developed under subparagraph 
     (A) to assist States with testing for emerging contaminants 
     that--
       (i) is--

       (I) available to States and stakeholder groups determined 
     by the Administrator to have scientific or material interest 
     in emerging contaminants, including--

       (aa) drinking water and wastewater utilities;
       (bb) laboratories;
       (cc) Federal and State emergency responders;
       (dd) State primacy agencies;
       (ee) public health agencies; and
       (ff) water associations;

       (II) searchable; and
       (III) accessible through the website of the Administrator; 
     and

       (ii) includes a description of--

       (I) qualified contract testing laboratory facilities that 
     conduct analyses for emerging contaminants; and
       (II) the resources available in Federal laboratory 
     facilities to test for emerging contaminants.

       (D) Water contaminant information tool.--The Administrator 
     shall integrate the database established under subparagraph 
     (C) into the Water Contaminant Information Tool of the 
     Environmental Protection Agency.
       (4) Funding.--Of the amounts available to the 
     Administrator, the Administrator may use not more than 
     $15,000,000 in a fiscal year to carry out this subsection.
       (e) Report.--Not less frequently than once every 2 years 
     until 2029, the Administrator shall submit to Congress a 
     report that describes the progress made in carrying out this 
     subtitle.
       (f) Effect.--Nothing in this section modifies any 
     obligation of a State, local government, or Indian Tribe with 
     respect to treatment methods for, or testing or monitoring 
     of, drinking water.

                       Subtitle E--Miscellaneous

     SEC. 1751. PFAS DATA CALL.

       Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 
     2607(a)) is amended by adding at the end the following:
       ``(7) PFAS data.--Not later than January 1, 2023, the 
     Administrator shall promulgate a rule in accordance with this 
     subsection requiring each person who has manufactured a 
     chemical substance that is a perfluoroalkyl or 
     polyfluoroalkyl substance in any year since January 1, 2006, 
     to submit to the Administrator a report that includes, for 
     each year since January 1, 2006, the information described in 
     paragraph (2).''.

     SEC. 1752. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS.

       Not later than June 22, 2020, the Administrator shall take 
     final action on the significant new use rule proposed by the 
     Administrator under the Toxic Substances Control Act (15 
     U.S.C. 2601 et seq.) in the proposed rule entitled ``Long-
     Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate 
     Chemical Substances; Significant New Use Rule'' (80 Fed. Reg. 
     2885 (January 21, 2015)).

     SEC. 1753. PFAS DESTRUCTION AND DISPOSAL GUIDANCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall publish 
     interim guidance on the destruction and disposal of 
     perfluoroalkyl and polyfluoroalkyl substances and materials 
     containing perfluoroalkyl and polyfluoroalkyl substances, 
     including--
       (1) aqueous film-forming foam;
       (2) soil and biosolids;
       (3) textiles treated with perfluoroalkyl and 
     polyfluoroalkyl substances; and
       (4) spent filters, membranes, and other waste from water 
     treatment.
       (b) Considerations; Inclusions.--The interim guidance under 
     subsection (a) shall--
       (1) take into consideration--
       (A) the potential for releases of perfluoroalkyl and 
     polyfluoroalkyl substances during destruction or disposal, 
     including through volatilization, air dispersion, or 
     leachate; and
       (B) potentially vulnerable populations living near likely 
     destruction or disposal sites; and
       (2) provide guidance on testing and monitoring air, 
     effluent, and soil near potential destruction or disposal 
     sites for releases described in paragraph (1)(A).
       (c) Revisions.--The Administrator shall publish revisions 
     to the interim guidance under subsection (a) as the 
     Administrator determines to be appropriate, but not less 
     frequently than once every 3 years.

     SEC. 1754. PFAS RESEARCH AND DEVELOPMENT.

       (a) In General.--The Administrator, acting through the 
     Assistant Administrator for the Office of Research and 
     Development, shall--
       (1)(A) further examine the effects of perfluoroalkyl and 
     polyfluoroalkyl substances on human health and the 
     environment; and
       (B) make publicly available information relating to the 
     findings under subparagraph (A);
       (2) develop a process for prioritizing which perfluoroalkyl 
     and polyfluoroalkyl substances, or classes of perfluoroalkyl 
     and polyfluoroalkyl substances, should be subject to 
     additional research or regulatory efforts that is based on--
       (A) the potential for human exposure to the substances or 
     classes of substances;
       (B) the potential toxicity of the substances or classes of 
     substances; and
       (C) information available about the substances or classes 
     of substances;
       (3) develop new tools to characterize and identify 
     perfluoroalkyl and polyfluoroalkyl substances in the 
     environment, including in drinking water, wastewater, surface 
     water, groundwater, solids, and the air;
       (4) evaluate approaches for the remediation of 
     contamination by perfluoroalkyl and polyfluoroalkyl 
     substances in the environment; and
       (5) develop and implement new tools and materials to 
     communicate with the public about perfluoroalkyl and 
     polyfluoroalkyl substances.
       (b) Funding.--There is authorized to be appropriated to the 
     Administrator to carry out this section $15,000,000 for each 
     of fiscal years 2020 through 2024.

[[Page S3714]]

  

                                 ______
                                 
  SA 704. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

      Subtitle __--Congressional Approval of National Emergencies

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Reforming Emergency 
     Powers to Uphold the Balances and Limitations Inherent in the 
     Constitution Act'' or the ``REPUBLIC Act''.

     SEC. __02. CONGRESSIONAL APPROVAL OF NATIONAL EMERGENCY 
                   DECLARATIONS.

       (a) In General.--Section 201 of the National Emergencies 
     Act (50 U.S.C. 1621) is amended to read as follows:

     ``SEC. 201. DECLARATION AND CONGRESSIONAL APPROVAL OF 
                   NATIONAL EMERGENCIES.

       ``(a) In General.--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 national emergency. 
     Such proclamation shall immediately be transmitted to 
     Congress and published in the Federal Register.
       ``(b) Specification of Powers and Authorities.--The 
     President shall specify, in the proclamation declaring a 
     national emergency under subsection (a) or in one or more 
     contemporaneous or subsequent Executive orders published in 
     the Federal Register and transmitted to Congress, the 
     provisions of law made available for use in the event of an 
     emergency pursuant to which the President proposes that the 
     President, or another official, will exercise emergency 
     powers or authorities.
       ``(c) Termination After 72 Hours Unless Approved by 
     Congress.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     national emergency declared under subsection (a), and the 
     exercise of emergency powers and authorities pursuant to 
     provisions of law described in subsection (b), shall 
     terminate at the time specified in paragraph (3).
       ``(2) Approval by congress required.--A national emergency 
     declared under subsection (a), and the exercise of any 
     emergency power or authority pursuant to a provision of law 
     described in subsection (b), may continue after the time 
     specified in paragraph (3) only if, before that time, there 
     is enacted into law a joint resolution of approval pursuant 
     to subsection (f) approving--
       ``(A) the declaration of the emergency; and
       ``(B) the exercise of that power or authority.
       ``(3) Time specified.--The time specified in this paragraph 
     is--
       ``(A) except as provided in subparagraph (B), 72 hours 
     after the President declares the national emergency; or
       ``(B) if Congress is unable to convene during the 72-hour 
     period described in subparagraph (A), 72 hours after Congress 
     first convenes after the declaration of the emergency.
       ``(d) Termination After 90 Days Unless Renewed With 
     Congressional Approval.--A national emergency declared under 
     subsection (a) with respect to which a joint resolution of 
     approval is enacted under subsection (f), and the exercise of 
     any emergency power or authority pursuant to that emergency, 
     shall terminate on the date that is 90 days after the 
     President declares the emergency (or the emergency was 
     previously renewed under this subsection), unless, before the 
     termination of the emergency--
       ``(1) the President publishes in the Federal Register and 
     transmits to Congress an Executive order--
       ``(A) renewing the emergency; and
       ``(B) specifying the provisions of law made available for 
     use in the event of an emergency pursuant to which the 
     President proposes that the President, or another official, 
     will exercise emergency powers or authorities; and
       ``(2) there is enacted a joint resolution of approval with 
     respect to--
       ``(A) the renewal of the emergency; and
       ``(B) the exercise of that power or authority.
       ``(e) Prohibition on Subsequent Actions if Emergencies Not 
     Approved.--
       ``(1) Subsequent declarations.--If a joint resolution of 
     approval is not enacted pursuant to subsection (f) with 
     respect to a national emergency declared under subsection (a) 
     or proposed to be renewed under subsection (d), 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 pursuant to subsection (f) with 
     respect to a power or authority proposed by the President 
     under subsection (b) to be exercised 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.
       ``(f) Joint Resolutions of Approval.--
       ``(1) Joint resolution of approval defined.--For purposes 
     of this section, the term `joint resolution of approval' 
     means a joint resolution that contains after its resolving 
     clause--
       ``(A) a provision approving--
       ``(i) a proclamation of a national emergency made under 
     subsection (a);
       ``(ii) an Executive order issued under subsection (b) 
     specifying the provisions of law pursuant to which the 
     President proposes to exercise emergency powers or 
     authorities; or
       ``(iii) an Executive order issued under subsection (d) 
     renewing a national emergency; and
       ``(B) a provision approving a list of all or some of the 
     provisions of law specified by the President under subsection 
     (b) and included in the proclamation or Executive order, as 
     the case may be.
       ``(2) Introduction.--After the President transmits to 
     Congress a proclamation described in clause (i) of paragraph 
     (1)(A) or an Executive order described in clause (ii) or 
     (iii) of that paragraph, a joint resolution of approval may 
     be introduced in either House of Congress by any Member of 
     that House.
       ``(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 powers 
     and authorities invoked by the proclamation or Executive 
     order that is the subject of the joint resolution.
       ``(4) Consideration in senate.--
       ``(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 2 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 not 
     debatable. 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) Amendments.--No amendments shall be in order with 
     respect to a joint resolution of approval, except for 
     amendments that strike provisions from the list of provisions 
     of law required by paragraph (1)(B) or otherwise narrow the 
     scope of emergency powers and authorities authorized to be 
     exercised pursuant to such provisions of law.
       ``(D) Motion to reconsider final vote.--A motion to 
     reconsider a vote on final passage of a joint resolution of 
     approval shall not be in order.
       ``(E) 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 2 calendar days after its 
     introduction, that committee shall be discharged from further 
     consideration of the joint resolution, and the resolution 
     shall be placed on the appropriate calendar. It shall be in 
     order at any time for the Speaker to recognize a Member who 
     favors passage of a joint resolution 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. It shall not be in order to reconsider the 
     vote on passage.
       ``(6) Receipt of resolution from other house.--If, before 
     passing a joint resolution of approval, one House receives 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 paragraph (4) or (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.
       ``(g) Effect of Later-enacted 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.''.
       (b) Conforming Amendments.--The National Emergencies Act 
     (50 U.S.C. 1601 et seq.) is amended--
       (1) in section 202--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``declared by the President in accordance with this title'' 
     and inserting ``in effect under section 201''; and

[[Page S3715]]

       (ii) in the flush text, by striking ``declared by the 
     President'' and inserting ``in effect under section 201'';
       (B) in subsection (c), by striking paragraph (5); and
       (C) by amending subsection (d) to read as follows:
       ``(d) Subsection (b) and section 201(f) are enacted by 
     Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     they are 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 
     resolutions described by this title, and they supersede other 
     rules only to the extent that they are inconsistent 
     therewith; 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.''.
       (2) by striking title III.

     SEC. __03. REPEAL OF EMERGENCY AUTHORITY TO SUSPEND 
                   TELECOMMUNICATIONS RULES AND REGULATIONS.

       Section 706 of the Communications Act of 1934 (47 U.S.C. 
     606) is amended by striking subsection (c).

     SEC. __04. APPLICABILITY.

       Except as provided in section __06(a), the amendments made 
     by this subtitle shall apply with respect to national 
     emergencies declared under section 201 of the National 
     Emergencies Act (50 U.S.C. 1621) on or after the date of the 
     enactment of this Act.

     SEC. __05. TERMINATION OF EXISTING EMERGENCY DECLARATIONS.

       Each national emergency declared under section 201 of the 
     National Emergencies Act (50 U.S.C. 1621) before the date of 
     the enactment of this Act (other than a national emergency 
     described in section __06(b)) shall terminate on such date of 
     enactment.

     SEC. __06. NONAPPLICABILITY WITH RESPECT TO INTERNATIONAL 
                   EMERGENCY ECONOMIC POWERS ACT.

       (a) In General.--In the case of a national emergency 
     declared on or after the date of the enactment of this Act 
     under which the President proposes to exercise emergency 
     powers and authorities pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)--
       (1) the amendments made by this subtitle shall not apply; 
     and
       (2) the provisions of the National Emergencies Act, as in 
     effect on the day before such date of enactment, shall apply.
       (b) Continuation in Effect of National Emergency 
     Declarations.--A national emergency declared before the date 
     of the enactment of this Act under which the President 
     exercises emergency powers and authorities pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) shall--
       (1) continue in effect on and after such date of enactment; 
     and
       (2) terminate in accordance with the provisions of the 
     National Emergencies Act, as in effect on the day before such 
     date of enactment.
                                 ______
                                 
  SA 705. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1045. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS 
                   BY THE UNITED STATES.

       (a) Limitation on Detention.--Section 4001 of title 18, 
     United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) No person shall be imprisoned or otherwise detained 
     by the United States except consistent with the 
     Constitution.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b)(1) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, 
     shall not be construed to authorize the imprisonment or 
     detention without charge or trial of a person apprehended in 
     the United States.
       ``(2) Paragraph (1) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2020.
       ``(3) This section shall not be construed to authorize the 
     imprisonment or detention of any person who is apprehended in 
     the United States.''.
       (b) Repeal of Authority of the Armed Forces of the United 
     States To Detain Covered Persons Pursuant to the 
     Authorization for Use of Military Force.--Section 1021 of the 
     National Defense Authorization Act for Fiscal Year 2012 
     (Public Law 112-81; 10 U.S.C. 801 note) is repealed.
                                 ______
                                 
  SA 706. Mr. ROMNEY (for himself, Ms. McSally, and Ms. Sinema) 
submitted an amendment intended to be proposed by him to the bill S. 
1790, to authorize appropriations for fiscal year 2020 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. NAVAJO NATION WATER RIGHTS SETTLEMENT.

       (a) Purposes.--The purposes of this section are--
       (1) to achieve a fair, equitable, and final settlement of 
     all claims to water rights in the State of Utah for--
       (A) the Navajo Nation; and
       (B) the United States, for the benefit of the Nation;
       (2) to authorize, ratify, and confirm the Agreement entered 
     into by the Nation and the State, to the extent that the 
     Agreement is consistent with this section;
       (3) to authorize and direct the Secretary--
       (A) to execute the Agreement; and
       (B) to take any actions necessary to carry out the 
     agreement in accordance with this section; and
       (4) to authorize funds necessary for the implementation of 
     the Agreement and this section.
       (b) Definitions.--In this section:
       (1) Agreement.--The term ``agreement'' means--
       (A) the document entitled ``Navajo Utah Water Rights 
     Settlement Agreement'' dated December 14, 2015, and the 
     exhibits attached thereto; and
       (B) any amendment or exhibit to the document or exhibits 
     referenced in subparagraph (A) to make the document or 
     exhibits consistent with this section.
       (2) Allotment.--The term ``allotment'' means a parcel of 
     land--
       (A) granted out of the public domain that is--
       (i) located within the exterior boundaries of the 
     Reservation; or
       (ii) Bureau of Indian Affairs parcel number 792 634511 in 
     San Juan County, Utah, consisting of 160 acres located in 
     Township 41S, Range 20E, sections 11, 12, and 14, originally 
     set aside by the United States for the benefit of an 
     individual identified in the allotting document as a Navajo 
     Indian; and
       (B) held in trust by the United States--
       (i) for the benefit of an individual, individuals, or an 
     Indian Tribe other than the Navajo Nation; or
       (ii) in part for the benefit of the Navajo Nation as of the 
     enforceability date.
       (3) Allottee.--The term ``allottee'' means an individual or 
     Indian Tribe with a beneficial interest in an allotment held 
     in trust by the United States.
       (4) Enforceability date.--The term ``enforceability date'' 
     means the date on which the Secretary publishes in the 
     Federal Register the statement of findings described in 
     subsection (g)(1).
       (5) General stream adjudication.--The term ``general stream 
     adjudication'' means the adjudication pending, as of the date 
     of enactment, in the Seventh Judicial District in and for 
     Grand County, State of Utah, commonly known as the 
     ``Southeastern Colorado River General Adjudication'', Civil 
     No. 810704477, conducted pursuant to State law.
       (6) Injury to water rights.--The term ``injury to water 
     rights'' means an interference with, diminution of, or 
     deprivation of water rights under Federal or State law, 
     excluding injuries to water quality.
       (7) Member.--The term ``member'' means any person who is a 
     duly enrolled member of the Navajo Nation.
       (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
     ``Nation'' means a body politic and federally recognized 
     Indian nation, as published on the list established under 
     section 104(a) of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 5131(a)), also known variously as the 
     ``Navajo Nation'', the ``Navajo Nation of Arizona, New 
     Mexico, & Utah'', and the ``Navajo Nation of Indians'' and 
     other similar names, and includes all bands of Navajo Indians 
     and chapters of the Navajo Nation and all divisions, 
     agencies, officers, and agents thereof.
       (9) Navajo water development projects.--The term ``Navajo 
     water development projects'' means projects for domestic 
     municipal water supply, including distribution 
     infrastructure, and agricultural water conservation, to be 
     constructed, in whole or in part, using monies from the 
     Navajo Water Development Projects Account.
       (10) Navajo water rights.--The term ``Navajo water rights'' 
     means the Nation's water rights in Utah described in the 
     agreement and this section.
       (11) OM&R.--The term ``OM&R'' means operation, maintenance, 
     and replacement.
       (12) Parties.--The term ``parties'' means the Navajo 
     Nation, the State, and the United States.
       (13) Reservation.--The term ``Reservation'' means, for 
     purposes of the agreement and this section, the Reservation 
     of the Navajo Nation in Utah as in existence on the date of 
     enactment of this Act and depicted on the map attached to the 
     agreement as Exhibit A, including any parcel of land granted 
     out of the public domain and held in trust by the United 
     States entirely for the benefit of

[[Page S3716]]

     the Navajo Nation as of the enforceability date.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of the United States Department of the Interior or a duly 
     authorized representative thereof.
       (15) State.--The term ``State'' means the State of Utah and 
     all officers, agents, departments, and political subdivisions 
     thereof.
       (16) United states.--The term ``United States'' means the 
     United States of America and all departments, agencies, 
     bureaus, officers, and agents thereof.
       (17) United states acting in its trust capacity.--The term 
     ``United States acting in its trust capacity'' means the 
     United States acting for the benefit of the Navajo Nation or 
     for the benefit of allottees.
       (c) Ratification of Agreement.--
       (1) Approval by congress.--Except to the extent that any 
     provision of the agreement conflicts with this section, 
     Congress approves, ratifies, and confirms the agreement 
     (including any amendments to the agreement that are executed 
     to make the agreement consistent with this section).
       (2) Execution by secretary.--The Secretary is authorized 
     and directed to promptly execute the agreement to the extent 
     that the agreement does not conflict with this section, 
     including--
       (A) any exhibits to the agreement requiring the signature 
     of the Secretary; and
       (B) any amendments to the agreement necessary to make the 
     agreement consistent with this section.
       (3) Environmental compliance.--
       (A) In general.--In implementing the agreement and this 
     section, the Secretary shall comply with all applicable 
     provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (iii) all other applicable environmental laws and 
     regulations.
       (B) Execution of the agreement.--Execution of the agreement 
     by the Secretary as provided for in this section shall not 
     constitute a major Federal action under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (d) Navajo Water Rights.--
       (1) Confirmation of navajo water rights.--
       (A) Quantification.--The Navajo Nation shall have the right 
     to use water from water sources located within Utah and 
     adjacent to or encompassed within the boundaries of the 
     Reservation resulting in depletions not to exceed 81,500 
     acre-feet annually as described in the agreement and as 
     confirmed in the decree entered by the general stream 
     adjudication court.
       (B) Satisfaction of allottee rights.--Depletions resulting 
     from the use of water on an allotment shall be accounted for 
     as a depletion by the Navajo Nation for purposes of depletion 
     accounting under the agreement, including recognition of--
       (i) any water use existing on an allotment as of the date 
     of enactment of this Act and as subsequently reflected in the 
     hydrographic survey report referenced in subsection (f)(2);
       (ii) reasonable domestic and stock water uses put into use 
     on an allotment; and
       (iii) any allotment water rights that may be decreed in the 
     general stream adjudication or other appropriate forum.
       (C) Satisfaction of on-reservation state law-based water 
     rights.--Depletions resulting from the use of water on the 
     Reservation pursuant to State law-based water rights existing 
     as of the date of enactment of this Act shall be accounted 
     for as depletions by the Navajo Nation for purposes of 
     depletion accounting under the agreement.
       (D) In general.--The Navajo water rights are ratified, 
     confirmed, and declared to be valid.
       (E) Use.--Any use of the Navajo water rights shall be 
     subject to the terms and conditions of the agreement and this 
     section.
       (F) Conflict.--In the event of a conflict between the 
     agreement and this section, the provisions of this section 
     shall control.
       (2) Trust status of navajo water rights.--The Navajo water 
     rights--
       (A) shall be held in trust by the United States for the use 
     and benefit of the Nation in accordance with the agreement 
     and this section; and
       (B) shall not be subject to forfeiture or abandonment.
       (3) Authority of the nation.--
       (A) In general.--The Nation shall have the authority to 
     allocate, distribute, and lease the Navajo water rights for 
     any use on the Reservation in accordance with the agreement, 
     this section, and applicable Tribal and Federal law.
       (B) Off-reservation use.--The Nation may allocate, 
     distribute, and lease the Navajo water rights for off-
     Reservation use in accordance with the agreement, subject to 
     the approval of the Secretary.
       (C) Allottee water rights.--The Nation shall not object in 
     the general stream adjudication or other applicable forum to 
     the quantification of reasonable domestic and stock water 
     uses on an allotment, and shall administer any water use on 
     the Reservation in accordance with applicable Federal law, 
     including recognition of--
       (i) any water use existing on an allotment as of the date 
     of enactment of this Act and as subsequently reflected in the 
     hydrographic survey report referenced in subsection (f)(2);
       (ii) reasonable domestic and stock water uses on an 
     allotment; and
       (iii) any allotment water rights decreed in the general 
     stream adjudication or other appropriate forum.
       (4) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this section--
       (A) authorizes any action by the Nation against the United 
     States under Federal, State, Tribal, or local law; or
       (B) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.
       (e) Navajo Trust Accounts.--
       (1) Establishment.--The Secretary shall establish a trust 
     fund, to be known as the ``Navajo Utah Settlement Trust 
     Fund'' (referred to in this section as the ``Trust Fund''), 
     to be managed, invested, and distributed by the Secretary and 
     to remain available until expended, consisting of the amounts 
     deposited in the Trust Fund under paragraph (3), together 
     with any interest earned on those amounts, for the purpose of 
     carrying out this section.
       (2) Accounts.--The Secretary shall establish in the Trust 
     Fund the following Accounts:
       (A) The Navajo Water Development Projects Account.
       (B) The Navajo OM&R Account.
       (3) Deposits.--The Secretary shall deposit in the Trust 
     Fund Accounts--
       (A) in the Navajo Water Development Projects Account, the 
     amounts made available pursuant to subsection (f)(1)(A); and
       (B) in the Navajo OM&R Account, the amount made available 
     pursuant to subsection (f)(1)(B).
       (4) Management and interest.--
       (A) Management.--Upon receipt and deposit of the funds into 
     the Trust Fund Accounts, the Secretary shall manage, invest, 
     and distribute all amounts in the Trust Fund in a manner that 
     is consistent with the investment authority of the Secretary 
     under--
       (i) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (ii) the American Indian Trust Fund Management Reform Act 
     of 1994 (25 U.S.C. 4001 et seq.); and
       (iii) this subsection.
       (B) Investment earnings.--In addition to the deposits under 
     paragraph (3), any investment earnings, including interest, 
     credited to amounts held in the Trust Fund are authorized to 
     be appropriated to be used in accordance with the uses 
     described in paragraph (8).
       (5) Availability of amounts.--Amounts appropriated to, and 
     deposited in, the Trust Fund, including any investment 
     earnings, shall be made available to the Nation by the 
     Secretary beginning on the enforceability date and subject to 
     the uses and restrictions set forth in this subsection.
       (6) Withdrawals.--
       (A) Withdrawals under the american indian trust fund 
     management reform act of 1994.--The Nation may withdraw any 
     portion of the funds in the Trust Fund on approval by the 
     Secretary of a tribal management plan submitted by the Nation 
     in accordance with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (i) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this subparagraph shall require that the Nation shall spend 
     all amounts withdrawn from the Trust Fund and any investment 
     earnings accrued through the investments under the Tribal 
     management plan in accordance with this section.
       (ii) Enforcement.--The Secretary may carry out such 
     judicial and administrative actions as the Secretary 
     determines to be necessary to enforce the Tribal management 
     plan to ensure that amounts withdrawn by the Nation from the 
     Trust Fund under this subparagraph are used in accordance 
     with this section.
       (B) Withdrawals under expenditure plan.--The Nation may 
     submit to the Secretary a request to withdraw funds from the 
     Trust Fund pursuant to an approved expenditure plan.
       (i) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this subparagraph, the Nation shall 
     submit to the Secretary for approval an expenditure plan for 
     any portion of the Trust Fund that the Nation elects to 
     withdraw pursuant to this subparagraph, subject to the 
     condition that the funds shall be used for the purposes 
     described in this section.
       (ii) Inclusions.--An expenditure plan under this 
     subparagraph shall include a description of the manner and 
     purpose for which the amounts proposed to be withdrawn from 
     the Trust Fund will be used by the Nation, in accordance with 
     paragraphs (3) and (8).
       (iii) Approval.--On receipt of an expenditure plan under 
     this subparagraph, the Secretary shall approve the plan, if 
     the Secretary determines that the plan--

       (I) is reasonable;
       (II) is consistent with, and will be used for, the purposes 
     of this section; and
       (III) contains a schedule which described that tasks will 
     be completed within 18 months of receipt of withdrawn 
     amounts.

       (iv) Enforcement.--The Secretary may carry out such 
     judicial and administrative actions as the Secretary 
     determines to be necessary to enforce an expenditure plan to 
     ensure that amounts disbursed under this

[[Page S3717]]

     subparagraph are used in accordance with this section.
       (7) Effect of title.--Nothing in this section gives the 
     Nation the right to judicial review of a determination of the 
     Secretary regarding whether to approve a Tribal management 
     plan or an expenditure plan except under subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act'').
       (8) Uses.--Amounts from the Trust Fund shall be used by the 
     Nation for the following purposes:
       (A) The Navajo Water Development Projects Account shall be 
     used to plan, design, and construct the Navajo water 
     development projects and for the conduct of related 
     activities, including to comply with Federal environmental 
     laws.
       (B) The Navajo OM&R Account shall be used for the 
     operation, maintenance, and replacement of the Navajo water 
     development projects.
       (9) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Nation under paragraph (8).
       (10) No per capita distributions.--No portion of the Trust 
     Fund shall be distributed on a per capita basis to any member 
     of the Nation.
       (11) Expenditure reports.--The Navajo Nation shall submit 
     to the Secretary annually an expenditure report describing 
     accomplishments and amounts spent from use of withdrawals 
     under a Tribal management plan or an expenditure plan as 
     described in this section.
       (f) Authorization of Appropriations.--
       (1) Authorization.--There are authorized to be appropriated 
     to the Secretary--
       (A) for deposit in the Navajo Water Development Projects 
     Account of the Trust Fund established under subsection 
     (e)(2)(A), $198,300,000, which funds shall be retained until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury; and
       (B) for deposit in the Navajo OM&R Account of the Trust 
     Fund established under subsection (e)(2)(B), $11,100,000, 
     which funds shall be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury.
       (2) Implementation costs.--There is authorized to be 
     appropriated non-trust funds in the amount of $1,000,000 to 
     assist the United States with costs associated with the 
     implementation of this section, including the preparation of 
     a hydrographic survey of historic and existing water uses on 
     the Reservation and on allotments.
       (3) State cost share.--The State shall contribute 
     $8,000,000 payable to the Secretary for deposit into the 
     Navajo Water Development Projects Account of the Trust Fund 
     established under subsection (e)(2)(A) in installments in 
     each of the 3 years following the execution of the agreement 
     by the Secretary as provided for in subsection (c)(2).
       (4) Fluctuation in costs.--The amount authorized to be 
     appropriated under paragraph (1) shall be increased or 
     decreased, as appropriate, by such amounts as may be 
     justified by reason of ordinary fluctuations in costs 
     occurring after the date of enactment of this Act as 
     indicated by the Bureau of Reclamation Construction Cost 
     Index--Composite Trend.
       (A) Repetition.--The adjustment process under this 
     paragraph shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       (B) Period of indexing.--The period of indexing adjustment 
     for any increment of funding shall end on the date on which 
     funds are deposited into the Trust Fund.
       (g) Conditions Precedent.--
       (1) In general.--The waivers and release contained in 
     subsection (h) shall become effective as of the date the 
     Secretary causes to be published in the Federal Register a 
     statement of findings that--
       (A) to the extent that the agreement conflicts with this 
     section, the agreement has been revised to conform with this 
     section;
       (B) the agreement, so revised, including waivers and 
     releases of claims set forth in subsection (h), has been 
     executed by the parties, including the United States;
       (C) Congress has fully appropriated, or the Secretary has 
     provided from other authorized sources, all funds authorized 
     under subsection (f)(1);
       (D) the State has enacted any necessary legislation and 
     provided the funding required under the agreement and 
     subsection (f)(3); and
       (E) the court has entered a final or interlocutory decree 
     that--
       (i) confirms the Navajo water rights consistent with the 
     agreement and this section; and
       (ii) with respect to the Navajo water rights, is final and 
     nonappealable.
       (2) Expiration date.--If all the conditions precedent 
     described in paragraph (1) have not been fulfilled to allow 
     the Secretary's statement of findings to be published in the 
     Federal Register by October 31, 2030--
       (A) the agreement and this section, including waivers and 
     releases of claims described in those documents, shall no 
     longer be effective;
       (B) any funds that have been appropriated pursuant to 
     subsection (f) but not expended, including any investment 
     earnings on funds that have been appropriated pursuant to 
     such subsection, shall immediately revert to the general fund 
     of the Treasury; and
       (C) any funds contributed by the State pursuant to 
     subsection (f)(3) but not expended shall be returned 
     immediately to the State.
       (3) Extension.--The expiration date set forth in paragraph 
     (2) may be extended if the Navajo Nation, the State, and the 
     United States (acting through the Secretary) agree that an 
     extension is reasonably necessary.
       (h) Waivers and Releases.--
       (1) In general.--
       (A) Waiver and release of claims by the nation and the 
     united states acting in its capacity as trustee for the 
     nation.--Subject to the retention of rights set forth in 
     paragraph (3), in return for confirmation of the Navajo water 
     rights and other benefits set forth in the agreement and this 
     section, the Nation, on behalf of itself and the members of 
     the Nation (other than members in their capacity as 
     allottees), and the United States, acting as trustee for the 
     Nation and members of the Nation (other than members in their 
     capacity as allottees), are authorized and directed to 
     execute a waiver and release of--
       (i) all claims for water rights within Utah based on any 
     and all legal theories that the Navajo Nation or the United 
     States acting in its trust capacity for the Nation, asserted, 
     or could have asserted, at any time in any proceeding, 
     including to the general stream adjudication, up to and 
     including the enforceability date, except to the extent that 
     such rights are recognized in the agreement and this section; 
     and
       (ii) all claims for damages, losses, or injuries to water 
     rights or claims of interference with, diversion, or taking 
     of water rights (including claims for injury to lands 
     resulting from such damages, losses, injuries, interference 
     with, diversion, or taking of water rights) within Utah 
     against the State, or any person, entity, corporation, or 
     municipality, that accrued at any time up to and including 
     the enforceability date.
       (2) Claims by the navajo nation against the united 
     states.--The Navajo Nation, on behalf of itself (including in 
     its capacity as allottee) and its members (other than members 
     in their capacity as allottees), shall execute a waiver and 
     release of--
       (A) all claims the Navajo Nation may have against the 
     United States relating in any manner to claims for water 
     rights in, or water of, Utah that the United States acting in 
     its trust capacity for the Nation asserted, or could have 
     asserted, in any proceeding, including the general stream 
     adjudication;
       (B) all claims the Navajo Nation may have against the 
     United States relating in any manner to damages, losses, or 
     injuries to water, water rights, land, or other resources due 
     to loss of water or water rights (including damages, losses, 
     or injuries to hunting, fishing, gathering, or cultural 
     rights due to loss of water or water rights; claims relating 
     to interference with, diversion, or taking of water; or 
     claims relating to failure to protect, acquire, replace, or 
     develop water or water rights) within Utah that first accrued 
     at any time up to and including the enforceability date;
       (C) all claims the Nation may have against the United 
     States relating in any manner to the litigation of claims 
     relating to the Nation's water rights in proceedings in Utah; 
     and
       (D) all claims the Nation may have against the United 
     States relating in any manner to the negotiation, execution, 
     or adoption of the agreement or this section.
       (3) Reservation of rights and retention of claims by the 
     navajo nation and the united states.--Notwithstanding the 
     waivers and releases authorized in this section, the Navajo 
     Nation, and the United States acting in its trust capacity 
     for the Nation, retain--
       (A) all claims for injuries to and the enforcement of the 
     agreement and the final or interlocutory decree entered in 
     the general stream adjudication, through such legal and 
     equitable remedies as may be available in the decree court or 
     the Federal District Court for the District of Utah;
       (B) all rights to use and protect water rights acquired 
     after the enforceability date;
       (C) all claims relating to activities affecting the quality 
     of water, including any claims under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq. (including claims for damages to 
     natural resources)), the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.), and the Federal Water Pollution Control Act 
     (33 U.S.C. 1251 et seq.), the regulations implementing those 
     Acts, and the common law;
       (D) all claims for water rights, and claims for injury to 
     water rights, in states other than the State of Utah;
       (E) all claims, including environmental claims, under any 
     laws (including regulations and common law) relating to human 
     health, safety, or the environment; and
       (F) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to the 
     agreement and this section.
       (4) Effect.--Nothing in the agreement or this section--
       (A) affects the ability of the United States acting in its 
     sovereign capacity to take actions authorized by law, 
     including any laws relating to health, safety, or the 
     environment, including the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.), the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.), the Solid Waste

[[Page S3718]]

     Disposal Act (42 U.S.C. 6901 et seq.), and the regulations 
     implementing those laws;
       (B) affects the ability of the United States to take 
     actions in its capacity as trustee for any other Indian Tribe 
     or allottee;
       (C) confers jurisdiction on any State court to--
       (i) interpret Federal law regarding health, safety, or the 
     environment or determine the duties of the United States or 
     other parties pursuant to such Federal law; and
       (ii) conduct judicial review of Federal agency action; or
       (D) modifies, conflicts with, preempts, or otherwise 
     affects--
       (i) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
       (ii) the Boulder Canyon Project Adjustment Act (43 U.S.C. 
     618 et seq.);
       (iii) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (iv) the Colorado River Basin Project Act (43 U.S.C. 1501 
     et seq.);
       (v) the Treaty between the United States of America and 
     Mexico respecting utilization of waters of the Colorado and 
     Tijuana Rivers and of the Rio Grande, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (vi) the Colorado River Compact of 1922, as approved by the 
     Presidential Proclamation of June 25, 1929 (46 Stat. 3000); 
     and
       (vii) the Upper Colorado River Basin Compact as consented 
     to by the Act of April 6, 1949 (63 Stat. 31, chapter 48).
       (5) Tolling of claims.--
       (A) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim waived by 
     the Navajo Nation described in this subsection shall be 
     tolled for the period beginning on the date of enactment of 
     this Act and ending on the enforceability date.
       (B) Effect.--Nothing in this paragraph revives any claim or 
     tolls any period of limitation or time-based equitable 
     defense that expired before the date of enactment of this 
     Act.
       (C) Limitation.--Nothing in this subsection precludes the 
     tolling of any period of limitations or any time-based 
     equitable defense under any other applicable law.
       (i) Miscellaneous Provisions.--
       (1) Precedent.--Nothing in this section establishes any 
     standard for the quantification or litigation of Federal 
     reserved water rights or any other Indian water claims of any 
     other Indian Tribe in any other judicial or administrative 
     proceeding.
       (2) Other indian tribes.--Nothing in the agreement or this 
     section shall be construed in any way to quantify or 
     otherwise adversely affect the water rights, claims, or 
     entitlements to water of any Indian Tribe, band, or 
     community, other than the Navajo Nation.
       (j) Relation to Allottees.--
       (1) No effect on claims of allottees.--Nothing in this 
     section or the agreement shall affect the rights or claims of 
     allottees, or the United States, acting in its capacity as 
     trustee for or on behalf of allottees, for water rights or 
     damages related to lands allotted by the United States to 
     allottees, except as provided in subsection (d)(1)(B).
       (2) Relationship of decree to allottees.--Allottees, or the 
     United States, acting in its capacity as trustee for 
     allottees, are not bound by any decree entered in the general 
     stream adjudication confirming the Navajo water rights and 
     shall not be precluded from making claims to water rights in 
     the general stream adjudication. Allottees, or the United 
     States, acting in its capacity as trustee for allottees, may 
     make claims and such claims may be adjudicated as individual 
     water rights in the general stream adjudication.
       (k) Antideficiency.--The United States shall not be liable 
     for any failure to carry out any obligation or activity 
     authorized by this section (including any obligation or 
     activity under the agreement) if adequate appropriations are 
     not provided expressly by Congress to carry out the purposes 
     of this section.
                                 ______
                                 
  SA 707. Mrs. HYDE-SMITH (for herself, Ms. Cantwell, and Mr. Daines) 
submitted an amendment intended to be proposed by her to the bill S. 
1790, to authorize appropriations for fiscal year 2020 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1086. DESIGNATING THE WEEK OF SEPTEMBER 29 THROUGH 
                   OCTOBER 5, 2019, AS ``GOLD STAR FAMILIES 
                   REMEMBRANCE WEEK''.

       (a) Findings.--Congress makes the following findings:
       (1) The last Sunday in September--
       (A) is designated as ``Gold Star Mother's Day'' under 
     section 111 of title 36, United States Code; and
       (B) was first designated as ``Gold Star Mother's Day'' 
     under the Joint Resolution entitled ``Joint Resolution 
     designating the last Sunday in September as `Gold Star 
     Mother's Day', and for other purposes'', approved June 23, 
     1936 (49 Stat. 1895).
       (2) There is no date dedicated to families affected by the 
     loss of a loved one who died in service to the United States.
       (3) A gold star symbolizes a family member who died in the 
     line of duty while serving in the Armed Forces.
       (4) The members and veterans of the Armed Forces, through 
     their service, bear the burden of protecting the freedom of 
     the people of the United States.
       (5) The selfless example of the service of the members and 
     veterans of the Armed Forces, as well as the sacrifices made 
     by the families of those individuals, inspires all 
     individuals in the United States to sacrifice and work 
     diligently for the good of the United States.
       (6) The sacrifices of the families of the fallen members of 
     the Armed Forces and the families of veterans of the Armed 
     Forces should never be forgotten.
       (b) Designating the Week of September 29 Through October 5, 
     2019, as ``Gold Star Families Remembrance Week''.--Congress--
       (1) designates the week of September 29 through October 5, 
     2019, as ``Gold Star Families Remembrance Week'';
       (2) honors and recognizes the sacrifices made by the 
     families of members of the Armed Forces who have made the 
     ultimate sacrifice in order to defend freedom and protect the 
     United States and by the families of veterans of the Armed 
     Forces; and
       (3) encourages the people of the United States to observe 
     Gold Star Families Remembrance Week by--
       (A) performing acts of service and goodwill in their 
     communities; and
       (B) celebrating families in which loved ones have made the 
     ultimate sacrifice so that others could continue to enjoy 
     life, liberty, and the pursuit of happiness.
                                 ______
                                 
  SA 708. Mr. LEE (for himself and Mr. Romney) submitted an amendment 
intended to be proposed by him to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC.__ LAND CONVEYANCE, HILL AIR FORCE BASE, OGDEN, UTAH.

       (a) Conveyance Required.--The Secretary of the Air Force 
     may convey, for no monetary consideration, to the State of 
     Utah or a designee of the State of Utah (in this section 
     referred to as the ``State'') all right, title, and interest 
     of the United States in and to a parcel of real property, 
     including improvements thereon, consisting of approximately 
     35 acres located at Hill Air Force Base commonly known as the 
     ``Defense Nontactical Generator and Rail Center'' and such 
     real property adjacent to the Center as the parties consider 
     to be appropriate, for the purpose of permitting the State to 
     construct a new interchange for Interstate 15.
       (b) Condition Precedent.--The conveyance authorized by 
     subsection (a) shall be contingent upon the relocation of the 
     Defense Nontactical Generator and Rail Center.
       (c) Termination and Reentry.--If the State does not meet 
     the conditions required under subsection (d) by the date that 
     is five years after the date of the conveyance authorized by 
     subsection (a), or such later date as the Secretary of the 
     Air Force and the State may agree is reasonably necessary due 
     to unexpected circumstances, the Secretary of the Air Force 
     may terminate such conveyance and reenter the property.
       (d) Consideration and Conditions of Conveyance.--In 
     consideration of and as a condition to the conveyance 
     authorized by subsection (a), the State shall agree to the 
     following:
       (1) Not later than two years after the conveyance, the 
     State shall, at no cost to the United States Government--
       (A) demolish all improvements and associated infrastructure 
     existing on the property; and
       (B) conduct environmental cleanup and remediation of the 
     property, as required by law and approved by the Utah 
     Department of Environmental Quality, for the planned 
     redevelopment and use of the property.
       (2) Not later than three years after the completion of the 
     cleanup and remediation under paragraph (1)(B), the State, at 
     no cost to the United States Government, shall construct on 
     Hill Air Force Base a new gate for vehicular and pedestrian 
     traffic in and out of Hill Air Force Base in compliance with 
     all applicable construction and security requirements and 
     such other requirements as the Secretary of the Air Force may 
     consider necessary.
       (3) That the State shall coordinate the demolition, 
     cleanup, remediation, design, redevelopment, and construction 
     activities performed pursuant to the conveyance under 
     subsection (a) with the Secretary of the Air Force, the Utah 
     Department of Transportation, and the Utah Department of 
     Environmental Quality.
       (e) Environmental Obligations.--The State shall not have 
     any obligation with respect to cleanup and remediation of an 
     environmental condition on the property to be conveyed under 
     subsection (a) unless the condition was in existence and 
     known before the date of the conveyance or the State 
     exacerbates the condition which then requires further 
     remediation.

[[Page S3719]]

       (f) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary of the Air Force shall 
     require the State to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for such costs 
     incurred, to carry out the conveyance under subsection (a), 
     including survey costs, costs for environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts are collected from the State in 
     advance of the Secretary incurring actual costs, and the 
     amount collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the State.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance under subsection 
     (a) or to an appropriate fund or account currently available 
     to the Secretary for the purposes for which the costs were 
     paid. 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.
       (g) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary of the Air Force and the State.
                                 ______
                                 
  SA 709. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 811. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE 
                   AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION 
                   SERVICES.

       (a) Prohibition.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulation 
     shall be amended to prohibit the use of reverse auctions for 
     awarding contracts for design and construction services.
       (b) Definitions.--In this section--
       (1) the term ``design and construction services'' means--
       (A) site planning and landscape design;
       (B) architectural and engineering services (as defined in 
     section 1102 of title 40, United States Code);
       (C) interior design;
       (D) performance of substantial construction work for 
     facility, infrastructure, and environmental restoration 
     projects;
       (E) delivery and supply of construction materials to 
     construction sites; or
       (F) construction or substantial alteration of public 
     buildings or public works; and
       (2) the term ``reverse auction'' means, with respect to any 
     procurement by an executive agency--
       (A) a real-time auction conducted through an electronic 
     medium among 2 or more offerors who compete by submitting 
     bids for a supply or service contract, or a delivery order, 
     task order, or purchase order under the contract, with the 
     ability to submit revised lower bids at any time before the 
     closing of the auction; and
       (B) the award of the contract, delivery order, task order, 
     or purchase order to the offeror, in whole or in part, based 
     on the price obtained through the auction process.
                                 ______
                                 
  SA 710. Mr. YOUNG submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1018. SENSE OF CONGRESS ON THE NAMING OF A DDG-51 CLASS 
                   VESSEL IN HONOR OF THE HONORABLE RICHARD G 
                   LUGAR.

       (a) Findings.--Congress makes the following findings:
       (1) The Honorable Richard G. Lugar was born in 
     Indianapolis, Indiana in 1932 and graduated from Shortridge 
     High School in 1950 in Indianapolis, Indiana, as an Eagle 
     Scout and American Legion Boys Nation delegate.
       (2) The Honorable Richard G. Lugar volunteered for the 
     United States Navy and served his country as an officer from 
     1957-1960, including as an intelligence briefer to the Chief 
     of Naval Operations, Admiral Arleigh Burke.
       (3) The Honorable Richard G. Lugar was elected to the 
     United States Senate in 1976, and served from January 3, 
     1977, to January 3, 2013.
       (4) The Honorable Richard G. Lugar was one of only two 
     senators in history to serve 34 years on the Committee on 
     Foreign Relations of the Senate, including two terms as chair 
     from 1985 to 1987 and from 2003 to 2007.
       (5) As a leader in reducing the threat of nuclear, 
     chemical, and biological weapons, the Honorable Richard G. 
     Lugar passed and oversaw the implementation of the bipartisan 
     Nunn-Lugar program, which deactivated more than 7,600 nuclear 
     warheads, millions of chemical munitions, and several 
     thousand nuclear capable missiles, and continues to perform 
     non-proliferation missions in more than 40 countries.
       (6) The Honorable Richard G. Lugar played an essential role 
     in the enactment of sanctions on the Apartheid government of 
     South Africa, the United States recognition of President 
     Corazon Aquino as the winner of the 1986 Philippines 
     election, the expansion of the North Atlantic Treaty 
     Organization alliance, the construction and passage of the 
     United States President's Emergency Plan for AIDS Relief 
     initiative to combat the global AIDS epidemic, and the 
     ratification of numerous arms control and anti-terrorism 
     treaties.
       (7) On November 20, 2013, the Honorable Richard G. Lugar 
     was awarded the Presidential Medal of Freedom.
       (8) On April 28, 2019, at 87 years of age, the Honorable 
     Richard G. Lugar died in Falls Church, Virginia.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Navy should name the next unnamed vessel 
     of the DDG-51 Flight III class of destroyer warship in honor 
     of the Honorable Richard G. Lugar.
                                 ______
                                 
  SA 711. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 108___. PENSACOLA DAM AND RESERVOIR, GRAND RIVER, 
                   OKLAHOMA.

       (a) Findings.--Congress finds that--
       (1) since the Pensacola Dam and Reservoir began 
     construction in 1938--
       (A) the jurisdiction of the Commission has consistently 
     been limited to areas within the project boundary; and
       (B) the Secretary of the Army has held exclusive 
     jurisdiction over flood control operations, including areas 
     inside and outside the project boundary; and
       (2) the jurisdictional responsibilities of the Commission 
     and the Secretary described in paragraph (1) should be 
     maintained and continued.
       (b) Purpose.--The purpose of this section is to clarify 
     Federal authorities and responsibilities relating to the 
     Pensacola Dam and Reservoir.
       (c) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Conservation pool.--The term ``conservation pool'' 
     means all land and water of Grand Lake O' the Cherokees, 
     Oklahoma, below elevation 745 feet (Pensacola Datum).
       (3) Flood pool.--The term ``flood pool'' means all land and 
     water of Grand Lake O' the Cherokees, Oklahoma, subject to 
     flood control operations of the Secretary pursuant to section 
     7 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 
     33 U.S.C. 709).
       (4) Project.--The term ``project'' means the Pensacola 
     Hydroelectric Project (FERC No. 1494).
       (5) Project boundary.--The term ``project boundary'' means 
     the area--
       (A) designated as within the project boundary in the maps 
     under Exhibit G approved in the Commission Order Issuing New 
     License, dated April 24, 1992; and
       (B) which generally encompasses, to the extent of the 
     interests of the project licensee--
       (i) the Pensacola Dam and powerhouse;
       (ii) Grand Lake O' the Cherokees, Oklahoma;
       (iii) the shoreline areas of the conservation pool below 
     approximately elevation 750 feet (Pensacola Datum); and
       (iv) facilities appurtenant to hydropower operations and 
     areas of maintenance under the Commission license.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (d) Conservation Pool Management.--
       (1) Federal land.--Notwithstanding section 3(2) of the 
     Federal Power Act (16 U.S.C. 796(2)), Federal land within the 
     project boundary, including any right, title, or interest in 
     or to land held by the United States for any purpose, shall 
     not be considered to be--
       (A) a reservation for purposes of section 4(e) of that Act 
     (16 U.S.C. 797(e));
       (B) land or other property of the United States for 
     purposes of recompensing the United States for the use, 
     occupancy, or enjoyment of the land under section 10(e)(1) of 
     that Act (16 U.S.C. 803(e)(1)); or
       (C) land of the United States for purposes of section 24 of 
     that Act (16 U.S.C. 818).
       (2) License conditions.--Notwithstanding any other 
     provision of law, the Commission shall not include in any 
     license for the project any condition or other requirement 
     relating to--
       (A) surface elevations of the conservation pool or flood 
     pool; or
       (B) land or water outside the project boundary.

[[Page S3720]]

       (3) Project scope.--
       (A) Licensing jurisdiction.--The licensing jurisdiction of 
     the Commission for the project shall not extend to any land 
     or water outside the project boundary.
       (B) Outside infrastructure.--Any land, water, or physical 
     infrastructure or other improvement outside the project 
     boundary shall not be considered to be part of the project.
       (C) Boundary amendment.--
       (i) In general.--The Commission shall amend the project 
     boundary only as requested by the project licensee.
       (ii) Denial of request.--The Commission may deny a request 
     to amend a project boundary under clause (i) if the 
     Commission determines that the request is inconsistent with 
     the requirements of part I of the Federal Power Act (16 
     U.S.C. 792 et seq.).
       (e) Flood Pool Management.--
       (1) Exclusive jurisdiction.--Notwithstanding any other 
     provision of law, the Secretary shall have exclusive 
     jurisdiction and responsibility for management of the flood 
     pool for flood control operations at Grand Lake O' the 
     Cherokees.
       (2) Property acquisition.--If a feasibility study or other 
     investigation determines that flood control operations at or 
     associated with Pensacola Dam, including any backwater 
     effect, may result in the inundation of, or damage to, land 
     outside the project boundary to which the United States does 
     not hold flowage rights or holds insufficient flowage rights, 
     the project licensee shall not have any obligation to obtain 
     or enhance those flowage rights.
       (f) Savings Provision.--Nothing in this section affects, 
     with respect to the project--
       (1) any authority or obligation of the Secretary or the 
     Chief of Engineers pursuant to section 2 of the Act of June 
     28, 1938 (commonly known as the ``Flood Control Act of 
     1938'') (33 U.S.C. 701c-1);
       (2) any authority of the Secretary or the Chief of 
     Engineers pursuant to section 7 of the Act of December 22, 
     1944 (commonly known as the ``Flood Control Act of 1944'') 
     (33 U.S.C. 709);
       (3) any obligation of the United States to obtain flowage 
     or other property rights pursuant to the Act of July 31, 1946 
     (60 Stat. 743, chapter 710);
       (4) any obligation of the United States to acquire flowage 
     or other property rights for additional reservoir storage 
     pursuant to Executive Order 9839 (12 Fed. Reg. 2447; relating 
     to the Grand River Dam Project);
       (5) any authority of the Secretary to acquire real property 
     interest pursuant to section 560 of the Water Resources 
     Development Act of 1996 (Public Law 104-303; 110 Stat. 3783);
       (6) any obligation of the Secretary to conduct and pay the 
     cost of a feasibility study pursuant to section 449 of the 
     Water Resources Development Act of 2000 (Public Law 106-541; 
     114 Stat. 2641);
       (7) the National Flood Insurance Program established under 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
     seq.), including any policy issued under that Act; or
       (8) any disaster assistance made available under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) or other Federal disaster assistance 
     program.
                                 ______
                                 
  SA 712. Mr. SANDERS (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 342. REPORT ON FLUORINATED AQUEOUS FILM FORMING FOAM.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report on--
       (1) the location and amount of the stockpiled fluorinated 
     aqueous film forming foam in the possession of the Department 
     of Defense that contains perfluorooctanoic acid (PFOA) or 
     perfluorooctane sulfonate (PFOS); and
       (2) the amount of such foam that has been destroyed during 
     the 10-year period ending of the date of the enactment of 
     this Act and the method and location of destruction.
                                 ______
                                 
  SA 713. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1061. REPORT ON DEATHS OF MEMBERS OF THE ARMED FORCES IN 
                   TRAINING.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report setting forth the results of a study, conducted by the 
     Secretary for purposes of the report, on recent deaths of 
     members of the Armed Forces in training. The report shall 
     include the following:
       (1) A description of recent deaths of members of the Armed 
     Forces in training.
       (2) An assessment whether trends are emerging in the 
     circumstances surrounding such deaths, and a description of 
     any such trends.
       (3) A description and assessment of recent deaths and 
     injuries resulting from vehicle rollovers, and 
     recommendations for actions to prevent or minimize such 
     deaths and injuries.
       (4) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 714. Mr. BURR (for himself and Mr. Warner) submitted an amendment 
intended to be proposed by him to the bill S. 1790, to authorize 
appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``Damon 
     Paul Nelson and Matthew Young Pollard Intelligence 
     Authorization Act for Fiscal Year 2020''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

     DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020

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

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence community management account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
              law.
Sec. 303. Improving the onboarding methodology for certain intelligence 
              personnel.
Sec. 304. Intelligence community public-private talent exchange.
Sec. 305. Expansion of scope of protections for identities of covert 
              agents.
Sec. 306. Inclusion of security risks in program management plans 
              required for acquisition of major systems in National 
              Intelligence Program.
Sec. 307. Paid parental leave.

      Subtitle B--Office of the Director of National Intelligence

Sec. 311. Exclusivity, consistency, and transparency in security 
              clearance procedures and right to appeal.
Sec. 312. Limitation on transfer of National Intelligence University.
Sec. 313. Improving visibility into the security clearance process.
Sec. 314. Making certain policies and execution plans relating to 
              personnel clearances available to industry partners.

      Subtitle C--Inspector General of the Intelligence Community

Sec. 321. Definitions.
Sec. 322. Inspector General external review panel.
Sec. 323. Harmonization of whistleblower processes and procedures.
Sec. 324. Intelligence community oversight of agency whistleblower 
              actions.
Sec. 325. Report on cleared whistleblower attorneys.

                  TITLE IV--REPORTS AND OTHER MATTERS

Sec. 401. Study on foreign employment of former personnel of 
              intelligence community.
Sec. 402. Comprehensive economic assessment of investment in key United 
              States technologies by companies or organizations linked 
              to China.
Sec. 403. Analysis of and periodic briefings on major initiatives of 
              intelligence community in artificial intelligence and 
              machine learning.
Sec. 404. Encouraging cooperative actions to detect and counter foreign 
              influence operations.
Sec. 405. Oversight of foreign influence in academia.
Sec. 406. Director of National Intelligence report on fifth-generation 
              wireless network technology.

[[Page S3721]]

Sec. 407. Annual report by Comptroller General of the United States on 
              cybersecurity and surveillance threats to Congress.
Sec. 408. Director of National Intelligence assessments of foreign 
              interference in elections.
Sec. 409. Study on feasibility and advisability of establishing 
              Geospatial-Intelligence Museum and learning center.
Sec. 410. Report on death of Jamal Khashoggi.

     SEC. 2. DEFINITIONS.

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

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2020 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

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

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2020 the sum of $558,000,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2020 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2020.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

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

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

     SEC. 303. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN 
                   INTELLIGENCE PERSONNEL.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (B) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.
       (2) Covered elements of the intelligence community.--The 
     term ``covered elements of the intelligence community'' means 
     the elements of the intelligence community that are within 
     the following:
       (A) The Department of Energy.
       (B) The Department of Homeland Security.
       (C) The Department of Justice.
       (D) The Department of State.
       (E) The Department of the Treasury.
       (b) In General.--The Secretary of Defense and the Director 
     of National Intelligence shall, consistent with Department of 
     Defense Instruction 1400.25, as in effect on the day before 
     the date of the enactment of this Act--
       (1) not later than 180 days after the date of the enactment 
     of this Act, submit to the appropriate committees of Congress 
     a report that outlines a common methodology for measuring 
     onboarding in covered elements of the intelligence community, 
     including human resources and security processes;
       (2) not later than 1 year after the date of the enactment 
     of this Act, issue metrics for assessing key phases in the 
     onboarding described in paragraph (1) for which results will 
     be reported by the date that is 90 days after the date of 
     such issuance;
       (3) not later than 180 days after the date of the enactment 
     of this Act, submit to the appropriate committees of Congress 
     a report on collaboration among covered elements of the 
     intelligence community on their onboarding processes;
       (4) not later than 180 days after the date of the enactment 
     of this Act, submit to the appropriate committees of Congress 
     a report on employment of automated mechanisms in covered 
     elements of the intelligence community, including for 
     tracking personnel as they pass through each phase of the 
     onboarding process; and
       (5) not later than December 31, 2020, distribute surveys to 
     human resources offices and applicants about their 
     experiences with the onboarding process in covered elements 
     of the intelligence community.

     SEC. 304. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT 
                   EXCHANGE.

       (a) Policies, Processes, and Procedures Required.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Director of National Intelligence shall develop 
     policies, processes, and procedures to facilitate the 
     rotation of personnel of the intelligence community to the 
     private sector, and personnel from the private sector to the 
     intelligence community.
       (b) Detail Authority.--Under policies developed by the 
     Director pursuant to subsection (a), with the agreement of a 
     private-sector organization, and with the consent of the 
     employee, a head of an element of the intelligence community 
     may arrange for the temporary detail of an employee of such 
     element to such private-sector organization, or from such 
     private-sector organization to such element under this 
     section.
       (c) Agreements.--
       (1) In general.--A head of an element of the intelligence 
     community exercising the authority of the head under 
     subsection (a) shall provide for a written agreement among 
     the element of the intelligence community, the private-sector 
     organization, and the employee concerned regarding the terms 
     and conditions of the employee's detail under this section. 
     The agreement--
       (A) shall require that the employee of the element, upon 
     completion of the detail, serve in the element, or elsewhere 
     in the civil service if approved by the head of the element, 
     for a period of at least equal to the length of the detail;
       (B) shall provide that if the employee of the element fails 
     to carry out the agreement, such employee shall be liable to 
     the United States for payment of all non-salary and benefit 
     expenses of the detail, unless that failure was for good and 
     sufficient reason, as determined by the head of the element;
       (C) shall contain language informing such employee of the 
     prohibition on improperly sharing or using non-public 
     information that such employee may be privy to or aware of 
     related to element programming, budgeting, resourcing, 
     acquisition, or procurement for the benefit or advantage of 
     the private-sector organization; and
       (D) shall contain language requiring the employee to 
     acknowledge the obligations of the employee under section 
     1905 of title 18, United States Code (relating to trade 
     secrets).
       (2) Amount of liability.--An amount for which an employee 
     is liable under paragraph (1) shall be treated as a debt due 
     the United States.
       (3) Waiver.--The head of an element of the intelligence 
     community may waive, in whole or in part, collection of a 
     debt described in paragraph (2) based on a determination that 
     the collection would be against equity and good conscience 
     and not in the best interests

[[Page S3722]]

     of the United States, after taking into account any 
     indication of fraud, misrepresentation, fault, or lack of 
     good faith on the part of the employee.
       (d) Termination.--A detail under this section may, at any 
     time and for any reason, be terminated by the head of the 
     element of the intelligence community concerned or the 
     private-sector organization concerned.
       (e) Duration.--
       (1) In general.--A detail under this section shall be for a 
     period of not less than 3 months and not more than 2 years, 
     renewable up to a total of 3 years.
       (2) Longer periods.--A detail under this section may be for 
     a period in excess of 2 years, but not more than 3 years, if 
     the head of the element making the detail determines that 
     such detail is necessary to meet critical mission or program 
     requirements.
       (3) Limitation.--No employee of an element of the 
     intelligence community may be detailed under this section for 
     more than a total of 5 years, inclusive of all such details.
       (f) Status of Federal Employees Detailed to Private-sector 
     Organizations.--
       (1) In general.--An employee of an element of the 
     intelligence community who is detailed to a private-sector 
     organization under this section shall be considered, during 
     the period of detail, to be on a regular work assignment in 
     the element for all purposes. The written agreement 
     established under subsection (c)(1) shall address the 
     specific terms and conditions related to the employee's 
     continued status as a Federal employee.
       (2) Requirements.--In establishing a temporary detail of an 
     employee of an element of the intelligence community to a 
     private-sector organization, the head of the element shall--
       (A) certify that the temporary detail of such employee 
     shall not have an adverse or negative impact on mission 
     attainment or organizational capabilities associated with the 
     detail; and
       (B) in the case of an element of the intelligence community 
     in the Department of Defense, ensure that the normal duties 
     and functions of such employees are not, as a result of and 
     during the course of such temporary detail, performed or 
     augmented by contractor personnel in violation of the 
     provisions of section 2461 of title 10, United States Code.
       (g) Terms and Conditions for Private-sector Employees.--An 
     employee of a private-sector organization who is detailed to 
     an element of the intelligence community under this section--
       (1) shall continue to receive pay and benefits from the 
     private-sector organization from which such employee is 
     detailed and shall not receive pay or benefits from the 
     element, except as provided in paragraph (2);
       (2) is deemed to be an employee of the element for the 
     purposes of--
       (A) chapters 73 and 81 of title 5, United States Code;
       (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 
     643, 654, 1905, and 1913 of title 18, United States Code;
       (C) sections 1343, 1344, and 1349(b) of title 31, United 
     States Code;
       (D) chapter 171 of title 28, United States Code (commonly 
     known as the ``Federal Tort Claims Act'') and any other 
     Federal tort liability statute;
       (E) the Ethics in Government Act of 1978 (5 U.S.C. App.); 
     and
       (F) chapter 21 of title 41, United States Code;
       (3) may perform work that is considered inherently 
     governmental in nature only when requested in writing by the 
     head of the element;
       (4) may not be used to circumvent any limitation or 
     restriction on the size of the workforce of the element;
       (5) shall be subject to the same requirements applicable to 
     an employee performing the same functions and duties proposed 
     for performance by the private sector employee; and
       (6) in the case of an element of the intelligence community 
     in the Department of Defense, may not be used to circumvent 
     the provisions of section 2461 of title 10, United States 
     Code.
       (h) Prohibition Against Charging Certain Costs to the 
     Federal Government.--A private-sector organization may not 
     charge an element of the intelligence community or any other 
     agency of the Federal Government, as direct costs under a 
     Federal contract, the costs of pay or benefits paid by the 
     organization to an employee detailed to an element of the 
     intelligence community under this section for the period of 
     the detail and any subsequent renewal periods.
       (i) Additional Administrative Matters.--In carrying out 
     this section, the Director, pursuant to procedures developed 
     under subsection (a)--
       (1) shall, to the degree practicable, ensure that small 
     business concerns are represented with respect to details 
     authorized by this section;
       (2) may, notwithstanding any other provision of law, 
     establish criteria for elements of the intelligence community 
     to use appropriated funds to reimburse small business 
     concerns for the salaries and benefits of its employees 
     during the periods when the small business concern agrees to 
     detail its employees to the intelligence community under this 
     section;
       (3) shall take into consideration the question of how 
     details under this section might best be used to help meet 
     the needs of the intelligence community, including with 
     respect to the training of employees;
       (4) shall take into consideration areas of private-sector 
     expertise that are critical to the intelligence community; 
     and
       (5) shall establish oversight mechanisms to determine 
     whether the public-private exchange authorized by this 
     section improves the efficiency and effectiveness of the 
     intelligence community.
       (j) Definitions.--In this section:
       (1) Detail.--The term ``detail'' means, as appropriate in 
     the context in which such term is used--
       (A) the assignment or loan of an employee of an element of 
     the intelligence community to a private-sector organization 
     without a change of position from the intelligence community 
     element that employs the individual; or
       (B) the assignment or loan of an employee of a private-
     sector organization to an element of the intelligence 
     community without a change of position from the private-
     sector organization that employs the individual.
       (2) Private-sector organization.--The term ``private-sector 
     organization'' means--
       (A) a for-profit organization; or
       (B) a not-for-profit organization.
       (3) Small business concern.--The term ``small business 
     concern'' has the meaning given such term in section 
     3703(e)(2) of title 5, United States Code.

     SEC. 305. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF 
                   COVERT AGENTS.

       Section 605(4) of the National Security Act of 1947 (50 
     U.S.C. 3126(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking clause (ii);
       (B) in clause (i), by striking ``, and'' and inserting ``; 
     or''; and
       (C) by striking ``agency--'' and all that follows through 
     ``whose identity'' and inserting ``agency whose identity''; 
     and
       (2) in subparagraph (B)(i), by striking ``resides and acts 
     outside the United States'' and inserting ``acts''.

     SEC. 306. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT 
                   PLANS REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS 
                   IN NATIONAL INTELLIGENCE PROGRAM.

       Section 102A(q)(1)(A) of the National Security Act of 1947 
     (50 U.S.C. 3024(q)(1)(A)) is amended by inserting ``security 
     risks,'' after ``schedule,''.

     SEC. 307. PAID PARENTAL LEAVE.

       (a) Purpose.--The purpose of this section is to--
       (1) help the intelligence community recruit and retain a 
     dynamic, multi-talented, and diverse workforce capable of 
     meeting the security goals of the United States; and
       (2) establish best practices and processes for other 
     elements of the Federal Government seeking to pursue similar 
     policies.
       (b) Authorization of Paid Parental Leave for Intelligence 
     Community Employees.--
       (1) In general.--Title III of the National Security Act of 
     1947 (50 U.S.C. 3071 et seq.) is amended by inserting after 
     section 304 the following:

     ``SEC. 305. PAID PARENTAL LEAVE.

       ``(a) Paid Parental Leave.--Notwithstanding any other 
     provision of law, a civilian employee of an element of the 
     intelligence community shall have available a total of 12 
     administrative workweeks of paid parental leave in the event 
     of the birth of a son or daughter to the employee, or 
     placement of a son or daughter with the employee for adoption 
     or foster care, and in order to care for such son or 
     daughter, to be used during the 12-month period beginning on 
     the date of the birth or placement.
       ``(b) Treatment of Parental Leave Request.--Notwithstanding 
     any other provision of law--
       ``(1) an element of the intelligence community shall 
     accommodate an employee's leave schedule request under 
     subsection (a), including a request to use such leave 
     intermittently or on a reduced leave schedule, to the extent 
     that the requested leave schedule does not unduly disrupt 
     agency operations; and
       ``(2) to the extent that an employee's requested leave 
     schedule as described in paragraph (1) is based on medical 
     necessity related to a serious health condition connected to 
     the birth of a son or daughter, the employing element shall 
     handle the scheduling consistent with the treatment of 
     employees who are using leave under subparagraph (C) or (D) 
     of section 6382(a)(1) of title 5, United States Code.
       ``(c) Rules Relating to Paid Leave.--Notwithstanding any 
     other provision of law--
       ``(1) an employee may not be required to first use all or 
     any portion of any unpaid leave available to the employee 
     before being allowed to use the paid parental leave described 
     in subsection (a); and
       ``(2) paid parental leave under subsection (a)--
       ``(A) shall be payable from any appropriation or fund 
     available for salaries or expenses for positions within the 
     employing element;
       ``(B) may not be considered to be annual or vacation leave 
     for purposes of section 5551 or 5552 of title 5, United 
     States Code, or for any other purpose;
       ``(C) if not used by the employee before the end of the 12-
     month period described in subsection (a) to which the leave 
     relates, may not be available for any subsequent use and may 
     not be converted into a cash payment;

[[Page S3723]]

       ``(D) may be granted only to the extent that the employee 
     does not receive a total of more than 12 weeks of paid 
     parental leave in any 12-month period beginning on the date 
     of a birth or placement;
       ``(E) may not be granted--
       ``(i) in excess of a lifetime aggregate total of 30 
     administrative workweeks based on placements of a foster 
     child for any individual employee; or
       ``(ii) in connection with temporary foster care placements 
     expected to last less than 1 year;
       ``(F) may not be granted for a child being placed for 
     foster care or adoption if such leave was previously granted 
     to the same employee when the same child was placed with the 
     employee for foster care in the past;
       ``(G) shall be used in increments of hours (or fractions 
     thereof), with 12 administrative workweeks equal to 480 hours 
     for employees with a regular full-time work schedule and 
     converted to a proportional number of hours for employees 
     with part-time, seasonal, or uncommon tours of duty; and
       ``(H) may not be used during off-season (nonpay status) 
     periods for employees with seasonal work schedules.
       ``(d) Implementation Plan.--Not later than 1 year after the 
     date of enactment of this section, the Director of National 
     Intelligence shall provide the congressional intelligence 
     committees with an implementation plan that includes--
       ``(1) processes and procedures for implementing the paid 
     parental leave policies under subsections (a) through (c);
       ``(2) an explanation of how the implementation of 
     subsections (a) through (c) will be reconciled with policies 
     of other elements of the Federal Government, including the 
     impact on elements funded by the National Intelligence 
     Program that are housed within agencies outside the 
     intelligence community;
       ``(3) the projected impact of the implementation of 
     subsections (a) through (c) on the workforce of the 
     intelligence community, including take rates, retention, 
     recruiting, and morale, broken down by each element of the 
     intelligence community; and
       ``(4) all costs or operational expenses associated with the 
     implementation of subsections (a) through (c).
       ``(e) Directive.--Not later than 90 days after the Director 
     of National Intelligence submits the implementation plan 
     under subsection (d), the Director of National Intelligence 
     shall issue a written directive to implement this section, 
     which directive shall take effect on the date of issuance.
       ``(f) Annual Report.--The Director of National Intelligence 
     shall submit to the congressional intelligence committees an 
     annual report that--
       ``(1) details the number of employees of each element of 
     the intelligence community who applied for and took paid 
     parental leave under subsection (a) during the year covered 
     by the report; and
       ``(2) includes updates on major implementation challenges 
     or costs associated with paid parental leave.
       ``(g) Definition of Son or Daughter.--For purposes of this 
     section, the term `son or daughter' has the meaning given the 
     term in section 6381 of title 5, United States Code.''.
       (2) Clerical amendment.--The table of contents in the 
     matter preceding section 2 of the National Security Act of 
     1947 (50 U.S.C. 3002) is amended by inserting after the item 
     relating to section 304 the following:

``Sec. 305. Paid parental leave.''.

       (c) Applicability.--Section 305 of the National Security 
     Act of 1947, as added by subsection (b), shall apply with 
     respect to leave taken in connection with the birth or 
     placement of a son or daughter that occurs on or after the 
     date on which the Director of National Intelligence issues 
     the written directive under subsection (e) of such section 
     305.

      Subtitle B--Office of the Director of National Intelligence

     SEC. 311. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN 
                   SECURITY CLEARANCE PROCEDURES AND RIGHT TO 
                   APPEAL.

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

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

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

``Sec. 801A. Decisions relating to access to classified information.''.

       (d) Right to Appeal.--
       (1) In general.--Such title, as amended by subsection (c), 
     is further amended by inserting after section 801A the 
     following:

     ``SEC. 801B. RIGHT TO APPEAL.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term `Executive agency' in section 105 of title 5, United 
     States Code.
       ``(2) Covered person.--The term `covered person' means a 
     person, other than the President and Vice President, 
     currently or formerly employed in, detailed to, assigned to, 
     or issued an authorized conditional offer of employment for a 
     position that requires access to classified information by an 
     agency, including the following:
       ``(A) A member of the Armed Forces.
       ``(B) A civilian.
       ``(C) An expert or consultant with a contractual or 
     personnel obligation to an agency.
       ``(D) Any other category of person who acts for or on 
     behalf of an agency as determined by the head of the agency.
       ``(3) Eligibility for access to classified information.--
     The term `eligibility for access to classified information' 
     has the meaning given such term in the procedures established 
     pursuant to section 801(a).
       ``(4) Need for access.--The term `need for access' has such 
     meaning as the President may define in the procedures 
     established pursuant to section 801(a).
       ``(5) Security executive agent.--The term `Security 
     Executive Agent' means the officer serving as the Security 
     Executive Agent pursuant to section 803.
       ``(b) Agency Review.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the Damon Paul Nelson and Matthew Young 
     Pollard Intelligence Authorization Act for Fiscal Year 2020, 
     each head of an agency shall, consistent with the interest of 
     national security, establish and publish in the Federal 
     Register a process by which a covered person to whom 
     eligibility for access to classified information was denied 
     or revoked by the agency can appeal that denial or revocation 
     within the agency.
       ``(2) Elements.--The process required by paragraph (1) 
     shall include the following:
       ``(A) In the case of a covered person to whom eligibility 
     for access to classified information is denied or revoked by 
     an agency, the following:
       ``(i) The head of the agency shall provide the covered 
     person with a written--

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

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

       ``(I) the head of the agency determines is consistent with 
     the interests of national security; and

[[Page S3724]]

       ``(II) permitted by other applicable provisions of law, 
     including--

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

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

       ``(II) The head of the agency shall make, as part of the 
     security record of the covered person, a written summary, 
     transcript, or recording of any appearance under item (aa) of 
     subclause (I) or calling or cross-examining of witnesses 
     under item (bb) of such subclause.
       ``(v) On or before the date that is 30 days after the date 
     on which the covered person receives copies of documents 
     under clause (ii), the covered person may request a hearing 
     of the decision to deny or revoke by filing a written appeal 
     with the head of the agency.
       ``(B) A requirement that each review of a decision under 
     this subsection is completed on average not later than 180 
     days after the date on which a hearing is requested under 
     subparagraph (A)(v).
       ``(3) Agency review panels.--
       ``(A) In general.--Each head of an agency shall establish a 
     panel to hear and review appeals under this subsection.
       ``(B) Membership.--
       ``(i) Composition.--Each panel established by the head of 
     an agency under subparagraph (A) shall be composed of at 
     least three employees of the agency selected by the head, two 
     of whom shall not be members of the security field.
       ``(ii) Terms.--A term of service on a panel established by 
     the head of an agency under subparagraph (A) shall not exceed 
     2 years.
       ``(C) Decisions.--
       ``(i) Written.--Each decision of a panel established under 
     subparagraph (A) shall be in writing and contain a 
     justification of the decision.
       ``(ii) Consistency.--Each head of an agency that 
     establishes a panel under subparagraph (A) shall ensure that 
     each decision of the panel is consistent with the interests 
     of national security and applicable provisions of law.
       ``(iii) Overturn.--The head of an agency may overturn a 
     decision of the panel if, not later than 30 days after the 
     date on which the panel issues the decision, the agency head 
     personally exercises the authority granted by this clause to 
     overturn such decision.
       ``(iv) Finality.--Each decision of a panel established 
     under subparagraph (A) or overturned pursuant to clause (iii) 
     of this subparagraph shall be final but subject to appeal and 
     review under subsection (c).
       ``(D) Access to classified information.--The head of an 
     agency that establishes a panel under subparagraph (A) shall 
     afford access to classified information to the members of the 
     panel as the head determines--
       ``(i) necessary for the panel to hear and review an appeal 
     under this subsection; and
       ``(ii) consistent with the interests of national security.
       ``(4) Representation by counsel.--
       ``(A) In general.--Each head of an agency shall ensure 
     that, under this subsection, a covered person appealing a 
     decision of the head's agency under this subsection has an 
     opportunity to retain counsel or other representation at the 
     covered person's expense.
       ``(B) Access to classified information.--
       ``(i) In general.--Upon the request of a covered person 
     appealing a decision of an agency under this subsection and a 
     showing that the ability to review classified information is 
     essential to the resolution of the appeal under this 
     subsection, the head of the agency shall sponsor an 
     application by the counsel or other representation retained 
     under this paragraph for access to classified information for 
     the limited purposes of such appeal.
       ``(ii) Extent of access.--Counsel or another representative 
     who is cleared for access under this subparagraph may be 
     afforded access to relevant classified materials to the 
     extent consistent with the interests of national security.
       ``(5) Corrective action.--
       ``(A) In general.--If, in the course of proceedings under 
     this subsection, the head of an agency or a panel established 
     by the head under paragraph (3) decides that a covered 
     person's eligibility for access to classified information was 
     improperly denied or revoked by the agency, the agency shall 
     take corrective action to return the covered person, as 
     nearly as practicable and reasonable, to the position such 
     covered person would have held had the improper denial or 
     revocation not occurred.
       ``(B) Compensation.--Corrective action under subparagraph 
     (A) may include compensation, in an amount not to exceed 
     $300,000, for any loss of wages or benefits suffered, or 
     expenses otherwise incurred, by reason of such improper 
     denial or revocation.
       ``(6) Publication of decisions.--
       ``(A) In general.--Each head of an agency shall publish 
     each final decision on an appeal under this subsection.
       ``(B) Requirements.--In order to ensure transparency, 
     oversight by Congress, and meaningful information for those 
     who need to understand how the clearance process works, each 
     publication under subparagraph (A) shall be--
       ``(i) made in a manner that is consistent with section 552 
     of title 5, United States Code, as amended by the Electronic 
     Freedom of Information Act Amendments of 1996 (Public Law 
     104-231);
       ``(ii) published to explain the facts of the case, 
     redacting personally identifiable information and sensitive 
     program information; and
       ``(iii) made available on a website that is searchable by 
     members of the public.
       ``(c) Higher Level Review.--
       ``(1) Panel.--
       ``(A) Establishment.--Not later than 180 days after the 
     date of the enactment of the Damon Paul Nelson and Matthew 
     Young Pollard Intelligence Authorization Act for Fiscal Year 
     2020, the Security Executive Agent shall establish a panel to 
     review decisions made on appeals pursuant to the processes 
     established under subsection (b).
       ``(B) Scope of review and jurisdiction.--After initial 
     review to verify grounds for appeal, the panel established 
     under subparagraph (A) shall review such decisions only--
       ``(i) as they relate to violations of section 801A(b); or
       ``(ii) to the extent to which an agency properly conducted 
     a review of an appeal under subsection (b).
       ``(C) Composition.--The panel established pursuant to 
     subparagraph (A) shall be composed of three individuals 
     selected by the Security Executive Agent for purposes of the 
     panel, of whom at least one shall be an attorney.
       ``(2) Appeals and timeliness.--
       ``(A) Appeals.--
       ``(i) Initiation.--On or before the date that is 30 days 
     after the date on which a covered person receives a written 
     decision on an appeal under subsection (b), the covered 
     person may initiate oversight of that decision by filing a 
     written appeal with the Security Executive Agent.
       ``(ii) Filing.--A written appeal filed under clause (i) 
     relating to a decision of an agency shall be filed in such 
     form, in such manner, and containing such information as the 
     Security Executive Agent may require, including--

       ``(I) a description of--

       ``(aa) any alleged violations of section 801A(b) relating 
     to the denial or revocation of the covered person's 
     eligibility for access to classified information; and
       ``(bb) any allegations of how the decision may have been 
     the result of the agency failing to properly conduct a review 
     under subsection (b); and

       ``(II) supporting materials and information for the 
     allegations described under subclause (I).

       ``(B) Timeliness.--The Security Executive Agent shall 
     ensure that, on average, review of each appeal filed under 
     this subsection is completed not later than 180 days after 
     the date on which the appeal is filed.
       ``(3) Decisions and remands.--
       ``(A) In general.--If, in the course of reviewing under 
     this subsection a decision of an agency under subsection (b), 
     the panel established under paragraph (1) decides that there 
     is sufficient evidence of a violation of section 801A(b) to 
     merit a new hearing or decides that the decision of the 
     agency was the result of an improperly conducted review under 
     subsection (b), the panel shall vacate the decision made 
     under subsection (b) and remand to the agency by which the 
     covered person shall be eligible for a new appeal under 
     subsection (b).
       ``(B) Written decisions.--Each decision of the panel 
     established under paragraph (1) shall be in writing and 
     contain a justification of the decision.
       ``(C) Consistency.--The panel under paragraph (1) shall 
     ensure that each decision of the panel is consistent with the 
     interests of national security and applicable provisions of 
     law.
       ``(D) Finality.--
       ``(i) In general.--Except as provided in clause (ii), each 
     decision of the panel established under paragraph (1) shall 
     be final.
       ``(ii) Overturn.--The Security Executive Agent may overturn 
     a decision of the panel if, not later than 30 days after the 
     date on which the panel issues the decision, the Security 
     Executive Agent personally exercises the authority granted by 
     this clause to overturn such decision.
       ``(E) Nature of remands.--In remanding a decision under 
     subparagraph (A), the panel established under paragraph (1) 
     may not direct the outcome of any further appeal under 
     subsection (b).

[[Page S3725]]

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

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

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

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

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

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

     SEC. 312. LIMITATION ON TRANSFER OF NATIONAL INTELLIGENCE 
                   UNIVERSITY.

       (a) Limitation.--Neither the Secretary of Defense nor the 
     Director of National Intelligence may commence any activity 
     to transfer the National Intelligence University out of the 
     Defense Intelligence Agency until the Secretary and the 
     Director jointly certify each of the following:
       (1) The National Intelligence University has positively 
     adjudicated its warning from the Middle States Commission on 
     Higher Education and had its regional accreditation fully 
     restored.
       (2) The National Intelligence University will serve as the 
     exclusive means by which advanced intelligence education is 
     provided to personnel of the Department of Defense.
       (3) Military personnel will receive joint professional 
     military education from a National Intelligence University 
     location at a non-Department of Defense agency.
       (4) The Department of Education will allow the Office of 
     the Director of National Intelligence to grant advanced 
     educational degrees.
       (5) A governance model jointly led by the Director and the 
     Secretary of Defense is in

[[Page S3726]]

     place for the National Intelligence University.
       (b) Cost Estimates.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Armed Services of the Senate; and
       (C) the Committee on Armed Services of the House of 
     Representatives.
       (2) In general.--Before commencing any activity to transfer 
     the National Intelligence University out of the Defense 
     Intelligence Agency, the Secretary of Defense and the 
     Director of National Intelligence shall jointly submit to the 
     appropriate committees of Congress an estimate of the direct 
     and indirect costs of operating the National Intelligence 
     University and the costs of transferring the National 
     Intelligence University to another agency.
       (3) Contents.--The estimate submitted under paragraph (2) 
     shall include all indirect costs, including with respect to 
     human resources, security, facilities, and information 
     technology.

     SEC. 313. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE 
                   PROCESS.

       (a) Definition of Security Executive Agent.--In this 
     section, the term ``Security Executive Agent'' means the 
     officer serving as the Security Executive Agent pursuant to 
     section 803 of the National Security Act of 1947, as added by 
     section 605 of division B.
       (b) Policy Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Security Executive Agent 
     shall issue a policy that requires the head of each Federal 
     agency to create, not later than December 31, 2023, an 
     electronic portal that can be used by human resources 
     personnel and applicants for security clearances to view 
     information about the status of an application for a security 
     clearance and the average time required for each phase of the 
     security clearance process.

     SEC. 314. MAKING CERTAIN POLICIES AND EXECUTION PLANS 
                   RELATING TO PERSONNEL CLEARANCES AVAILABLE TO 
                   INDUSTRY PARTNERS.

       (a) Definitions.--In this section:
       (1) Appropriate industry partner.--The term ``appropriate 
     industry partner'' means a contractor, licensee, or grantee 
     (as defined in section 101(a) of Executive Order 12829 (50 
     U.S.C. 3161 note; relating to National Industrial Security 
     Program), as in effect on the day before the date of the 
     enactment of this Act) that is participating in the National 
     Industrial Security Program established by such Executive 
     Order.
       (2) Security executive agent.--The term ``Security 
     Executive Agent'' means the officer serving as the Security 
     Executive Agent pursuant to section 803 of the National 
     Security Act of 1947, as added by section 605 of division B.
       (b) Sharing of Policies and Plans Required.--Each head of a 
     Federal agency shall share policies and plans relating to 
     security clearances with appropriate industry partners 
     directly affected by such policies and plans in a manner 
     consistent with the protection of national security as well 
     as the goals and objectives of the National Industrial 
     Security Program administered pursuant to Executive Order 
     12829 (50 U.S.C. 3161 note; relating to the National 
     Industrial Security Program).
       (c) Development of Policies and Procedures Required.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Security Executive Agent and the Director of the 
     National Industrial Security Program shall jointly develop 
     policies and procedures by which appropriate industry 
     partners with proper security clearances and a need to know 
     can have appropriate access to the policies and plans shared 
     pursuant to subsection (b) that directly affect those 
     industry partners.

      Subtitle C--Inspector General of the Intelligence Community

     SEC. 321. DEFINITIONS.

       In this subtitle:
       (1) Whistleblower.--The term ``whistleblower'' means a 
     person who makes a whistleblower disclosure.
       (2) Whistleblower disclosure.--The term ``whistleblower 
     disclosure'' means a disclosure that is protected under 
     section 1104 of the National Security Act of 1947 (50 U.S.C. 
     3234) or section 3001(j)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).

     SEC. 322. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.

       (a) Authority to Convene External Review Panels.--
       (1) In general.--Title XI of the National Security Act of 
     1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 1105. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.

       ``(a) Request for Review.--An individual with a claim 
     described in subsection (b) may submit to the Inspector 
     General of the Intelligence Community a request for a review 
     of such claim by an external review panel convened under 
     subsection (c).
       ``(b) Claims and Individuals Described.--A claim described 
     in this subsection is any--
       ``(1) claim by an individual--
       ``(A) that the individual has been subjected to a personnel 
     action that is prohibited under section 1104; and
       ``(B) who has exhausted the applicable review process for 
     the claim pursuant to enforcement of such section; or
       ``(2) claim by an individual--
       ``(A) that he or she has been subjected to a reprisal 
     prohibited by paragraph (1) of section 3001(j) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341(j)); and
       ``(B) who received a decision on an appeal regarding that 
     claim under paragraph (4) of such section.
       ``(c) External Review Panel Convened.--
       ``(1) Discretion to convene.--Upon receipt of a request 
     under subsection (a) regarding a claim, the Inspector General 
     of the Intelligence Community may, at the discretion of the 
     Inspector General, convene an external review panel under 
     this subsection to review the claim.
       ``(2) Membership.--
       ``(A) Composition.--An external review panel convened under 
     this subsection shall be composed of three members as 
     follows:
       ``(i) The Inspector General of the Intelligence Community.
       ``(ii) Except as provided in subparagraph (B), two members 
     selected by the Inspector General as the Inspector General 
     considers appropriate on a case-by-case basis from among 
     inspectors general of the following:

       ``(I) The Department of Defense.
       ``(II) The Department of Energy.
       ``(III) The Department of Homeland Security.
       ``(IV) The Department of Justice.
       ``(V) The Department of State.
       ``(VI) The Department of the Treasury.
       ``(VII) The Central Intelligence Agency.
       ``(VIII) The Defense Intelligence Agency.
       ``(IX) The National Geospatial-Intelligence Agency.
       ``(X) The National Reconnaissance Office.
       ``(XI) The National Security Agency.

       ``(B) Limitation.--An inspector general of an agency may 
     not be selected to sit on the panel under subparagraph 
     (A)(ii) to review any matter relating to a decision made by 
     such agency.
       ``(C) Chairperson.--
       ``(i) In general.--Except as provided in clause (ii), the 
     chairperson of any panel convened under this subsection shall 
     be the Inspector General of the Intelligence Community.
       ``(ii) Conflicts of interest.--If the Inspector General of 
     the Intelligence Community finds cause to recuse himself or 
     herself from a panel convened under this subsection, the 
     Inspector General of the Intelligence Community shall--

       ``(I) select a chairperson from inspectors general of the 
     elements listed under subparagraph (A)(ii) whom the Inspector 
     General of the Intelligence Community considers appropriate; 
     and
       ``(II) notify the congressional intelligence committees of 
     such selection.

       ``(3) Period of review.--Each external review panel 
     convened under this subsection to review a claim shall 
     complete review of the claim no later than 270 days after the 
     date on which the Inspector General convenes the external 
     review panel.
       ``(d) Remedies.--
       ``(1) Panel recommendations.--If an external review panel 
     convened under subsection (c) determines, pursuant to a 
     review of a claim submitted by an individual under subsection 
     (a), that the individual was the subject of a personnel 
     action prohibited under section 1104 or was subjected to a 
     reprisal prohibited by section 3001(j)(1) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)(1)), the panel may recommend that the agency head 
     take corrective action--
       ``(A) in the case of an employee or former employee--
       ``(i) to return the employee or former employee, as nearly 
     as practicable and reasonable, to the position such employee 
     or former employee would have held had the reprisal not 
     occurred; or
       ``(ii) reconsider the employee's or former employee's 
     eligibility for access to classified information consistent 
     with national security; or
       ``(B) in any other case, such other action as the external 
     review panel considers appropriate.
       ``(2) Agency action.--
       ``(A) In general.--Not later than 90 days after the date on 
     which the head of an agency receives a recommendation from an 
     external review panel under paragraph (1), the head shall--
       ``(i) give full consideration to such recommendation; and
       ``(ii) inform the panel and the Director of National 
     Intelligence of what action the head has taken with respect 
     to the recommendation.
       ``(B) Failure to inform.--The Director shall notify the 
     President of any failures to comply with subparagraph 
     (A)(ii).
       ``(e) Annual Reports.--
       ``(1) In general.--Not less frequently than once each year, 
     the Inspector General of the Intelligence Community shall 
     submit to the congressional intelligence committees and the 
     Director of National Intelligence a report on the activities 
     under this section during the previous year.
       ``(2) Contents.--Subject to such limitations as the 
     Inspector General of the Intelligence Community considers 
     necessary to protect the privacy of an individual who has 
     made a claim described in subsection (b), each report 
     submitted under paragraph (1) shall include, for the period 
     covered by the report, the following:

[[Page S3727]]

       ``(A) The determinations and recommendations made by the 
     external review panels convened under this section.
       ``(B) The responses of the heads of agencies that received 
     recommendations from the external review panels.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by adding at the end the following new item:

``Sec. 1105. Inspector General external review panel.''.

       (b) Recommendation on Addressing Whistleblower Appeals 
     Relating to Reprisal Complaints Against Inspectors General.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Intelligence Community shall submit to the congressional 
     intelligence committees a recommendation on how to ensure 
     that--
       (A) a whistleblower in the intelligence community who has a 
     complaint against an inspector general in the intelligence 
     community and who alleges a reprisal, has available the 
     agency adjudication and appellate review provided under 
     section 1104 of the National Security Act of 1947 (50 U.S.C. 
     3234); and
       (B) any such whistleblower who has exhausted the applicable 
     review process may request an external review panel and 
     receive one, at the discretion of the Inspector General of 
     the Intelligence Community.
       (2) Contents.--The recommendation submitted pursuant to 
     paragraph (1) shall include the following:
       (A) A discussion of whether and to what degree section 1105 
     of the National Security Act of 1947, as added by subsection 
     (a)(1), provides appropriate authorities and mechanisms to 
     provide an external review panel as described in paragraph 
     (1) of this subsection and for the purposes described in such 
     paragraph.
       (B) Such recommendations for legislative or administrative 
     action as the Inspector General may have with respect to 
     providing an external review panel as described in paragraph 
     (1) and for the purposes described in such paragraph.

     SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND 
                   PROCEDURES.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Intelligence Community, in coordination with the Intelligence 
     Community Inspectors General Forum, shall develop 
     recommendations, applicable to all inspectors general of 
     elements of the intelligence community, regarding the 
     harmonization of instructions, policies, and directives 
     relating to processes, procedures, and timelines for claims 
     and appeals relating to allegations of personnel actions 
     prohibited under section 1104 of the National Security Act of 
     1947 or reprisals prohibited by section 3001(j)(1) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341(j)(1)).
       (b) Transparency and Protection.--In developing 
     recommendations under subsection (a), the Inspector General 
     of the Intelligence Community shall make efforts to maximize 
     transparency and protect whistleblowers.

     SEC. 324. INTELLIGENCE COMMUNITY OVERSIGHT OF AGENCY 
                   WHISTLEBLOWER ACTIONS.

       (a) Feasibility Study.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Inspector General of the 
     Intelligence Community, in consultation with the Intelligence 
     Community Inspectors General Forum, shall complete a 
     feasibility study on establishing a hotline whereby all 
     complaints of whistleblowers relating to the intelligence 
     community are automatically referred to the Inspector General 
     of the Intelligence Community.
       (2) Elements.--The feasibility study conducted pursuant to 
     paragraph (1) shall include the following:
       (A) The anticipated number of annual whistleblower 
     complaints received by all elements of the intelligence 
     community.
       (B) The additional resources required to implement the 
     hotline, including personnel and technology.
       (C) The resulting budgetary effects.
       (D) Findings from the system established pursuant to 
     subsection (b).
       (b) Oversight System Required.--Not later than 180 days 
     after the date of the enactment of this Act, the Inspector 
     General of the Intelligence Community shall establish a 
     system whereby the Inspector General is provided, in near 
     real time, the following:
       (1) All information relating to complaints by 
     whistleblowers relating to the programs and activities under 
     the jurisdiction of the Director of National Intelligence.
       (2) Any inspector general actions relating to such 
     complaints.
       (c) Privacy Protections.--
       (1) Policies and procedures required.--Before establishing 
     the system required by subsection (b), the Inspector General 
     of the Intelligence Community shall establish policies and 
     procedures to protect the privacy of whistleblowers and 
     protect against further dissemination of whistleblower 
     information without consent of the whistleblower.
       (2) Control of distribution.--The system established under 
     subsection (b) shall provide whistleblowers the option of 
     prohibiting distribution of their complaints to the Inspector 
     General of the Intelligence Community.

     SEC. 325. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS.

       (a) Report Required.--Not later than 1 year after the date 
     of the enactment of this Act, the Inspector General of the 
     Intelligence Community shall submit to the congressional 
     intelligence committees a report on access to cleared 
     attorneys by whistleblowers in the intelligence community.
       (b) Contents.--The report submitted pursuant to subsection 
     (a) shall include the following:
       (1) The number of whistleblowers in the intelligence 
     community who sought to retain a cleared attorney and at what 
     stage they sought such an attorney.
       (2) For the 3-year period preceding the report, the 
     following:
       (A) The number of limited security agreements (LSAs).
       (B) The scope and clearance levels of such limited security 
     agreements.
       (C) The number of whistleblowers represented by cleared 
     counsel.
       (3) Recommendations for legislative or administrative 
     action to ensure that whistleblowers in the intelligence 
     community have access to cleared attorneys, including 
     improvements to the limited security agreement process and 
     such other options as the Inspector General of the 
     Intelligence Community considers appropriate.
       (c) Survey.--The Inspector General of the Intelligence 
     Community shall ensure that the report submitted under 
     subsection (a) is based on--
       (1) data from a survey of whistleblowers whose claims are 
     reported to the Inspector General of the Intelligence 
     Community by means of the oversight system established 
     pursuant to section 324;
       (2) information obtained from the inspectors general of the 
     intelligence community; or
       (3) information from such other sources as may be 
     identified by the Inspector General of the Intelligence 
     Community.

                  TITLE IV--REPORTS AND OTHER MATTERS

     SEC. 401. STUDY ON FOREIGN EMPLOYMENT OF FORMER PERSONNEL OF 
                   INTELLIGENCE COMMUNITY.

       (a) Study.--The Director of National Intelligence, in 
     coordination with the Secretary of Defense and the Secretary 
     of State, shall conduct a study of matters relating to the 
     foreign employment of former personnel of the intelligence 
     community.
       (b) Elements.--The study conducted pursuant to subsection 
     (a) shall address the following:
       (1) Issues that pertain to former employees of the 
     intelligence community working with, or in support of, 
     foreign governments, and the nature and scope of those 
     concerns.
       (2) Such legislative or administrative action as may be 
     necessary for both front-end screening and in-progress 
     oversight by the Director of Defense Trade Controls of 
     licenses issued by the Director for former employees of the 
     intelligence community working for foreign governments.
       (3) How increased requirements could be imposed for 
     periodic compliance reporting when licenses are granted for 
     companies or organizations that employ former personnel of 
     the intelligence community to execute contracts with foreign 
     governments.
       (c) Report and Plan.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (C) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress--
       (A) a report on the findings of the Director with respect 
     to the study conducted pursuant to subsection (a); and
       (B) a plan to carry out such administrative actions as the 
     Director considers appropriate pursuant to the findings 
     described in subparagraph (A).

     SEC. 402. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN 
                   KEY UNITED STATES TECHNOLOGIES BY COMPANIES OR 
                   ORGANIZATIONS LINKED TO CHINA.

       (a) Assessment Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence, in coordination with the Director of the 
     National Counterintelligence and Security Center, the 
     Director of the Federal Bureau of Investigation, the Director 
     of the Central Intelligence Agency, the Secretary of the 
     Treasury, and the heads of such other Federal agencies as the 
     Director of National Intelligence considers appropriate, 
     shall submit to the congressional intelligence committees a 
     comprehensive economic assessment of investment in key United 
     States technologies, including emerging technologies, by 
     companies or organizations linked to China, including the 
     implications of these investments for the national security 
     of the United States.
       (b) Form of Assessment.--The assessment submitted under 
     subsection (a) shall be submitted in unclassified form, but 
     may include a classified annex.

[[Page S3728]]

  


     SEC. 403. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR 
                   INITIATIVES OF INTELLIGENCE COMMUNITY IN 
                   ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.

       (a) Analysis.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall, in coordination with the heads of such 
     elements of the intelligence community as the Director 
     considers appropriate--
       (A) complete a comprehensive analysis of the major 
     initiatives of the intelligence community in artificial 
     intelligence and machine learning; and
       (B) submit to the congressional intelligence committees a 
     report on the findings of the Director with respect to the 
     analysis conducted pursuant to subparagraph (A).
       (2) Elements.--The analysis conducted under paragraph 
     (1)(A) shall include analyses of how the initiatives 
     described in such paragraph--
       (A) correspond with the strategy of the intelligence 
     community entitled ``Augmenting Intelligence Using 
     Machines'';
       (B) complement each other and avoid unnecessary 
     duplication;
       (C) are coordinated with the efforts of the Defense 
     Department on artificial intelligence, including efforts at 
     the Joint Artificial Intelligence Center (JAIC) and Project 
     Maven; and
       (D) leverage advances in artificial intelligence and 
     machine learning in the private sector.
       (b) Periodic Briefings.--Not later than 30 days after the 
     date of the enactment of this Act, not less frequently than 
     twice each year thereafter until the date that is 2 years 
     after the date of the enactment of this Act, and not less 
     frequently than once each year thereafter until the date that 
     is 7 years after the date of the enactment of this Act, the 
     Director and the Chief Information Officer of the Department 
     of Defense shall jointly provide to the congressional 
     intelligence committees and congressional defense committees 
     (as defined in section 101 of title 10, United States Code) 
     briefings with updates on activities relating to, and the 
     progress of, their respective artificial intelligence and 
     machine learning initiatives, particularly the Augmenting 
     Intelligence Using Machines initiative and the Joint 
     Artificial Intelligence Center.

     SEC. 404. ENCOURAGING COOPERATIVE ACTIONS TO DETECT AND 
                   COUNTER FOREIGN INFLUENCE OPERATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) The Russian Federation, through military intelligence 
     units, also known as the ``GRU'', and Kremlin-linked troll 
     organizations often referred to as the ``Internet Research 
     Agency'', deploy information warfare operations against the 
     United States, its allies and partners, with the goal of 
     advancing the strategic interests of the Russian Federation.
       (2) One line of effort deployed as part of these 
     information warfare operations is the weaponization of social 
     media platforms with the goals of intensifying societal 
     tensions, undermining trust in governmental institutions 
     within the United States, its allies and partners in the 
     West, and generally sowing division, fear, and confusion.
       (3) These information warfare operations are a threat to 
     the national security of the United States and that of the 
     allies and partners of the United States. As Director of 
     National Intelligence Dan Coats stated, ``These actions are 
     persistent, they are pervasive and they are meant to 
     undermine America's democracy.''.
       (4) These information warfare operations continue to evolve 
     and increase in sophistication.
       (5) Other foreign adversaries and hostile non-state actors 
     will increasingly adopt similar tactics of deploying 
     information warfare operations against the West.
       (6) Technological advances, including artificial 
     intelligence, will only make it more difficult in the future 
     to detect fraudulent accounts, deceptive material posted on 
     social media, and malign behavior on social media platforms.
       (7) Because these information warfare operations are 
     deployed within and across private social media platforms, 
     the companies that own these platforms have a responsibility 
     to detect and remove foreign adversary networks operating 
     clandestinely on their platforms.
       (8) The social media companies are inherently 
     technologically sophisticated and adept at rapidly analyzing 
     large amounts of data and developing software-based solutions 
     to diverse and ever-changing challenges on their platforms, 
     which makes them well-equipped to address the threat 
     occurring on their platforms.
       (9) Independent analyses confirmed Kremlin-linked threat 
     networks, based on data provided by several social media 
     companies to the Select Committee on Intelligence of the 
     Senate, thereby demonstrating that it is possible to discern 
     both broad patterns of cross-platform information warfare 
     operations and specific fraudulent behavior on social media 
     platforms.
       (10) General Paul Nakasone, Director of the National 
     Security Agency, emphasized the importance of these 
     independent analyses to the planning and conduct of military 
     cyber operations to frustrate Kremlin-linked information 
     warfare operations against the 2018 mid-term elections. 
     General Nakasone stated that the reports ``were very, very 
     helpful in terms of being able to understand exactly what our 
     adversary was trying to do to build dissent within our 
     nation.''.
       (11) Institutionalizing ongoing robust, independent, and 
     vigorous analysis of data related to foreign threat networks 
     within and across social media platforms will help counter 
     ongoing information warfare operations against the United 
     States, its allies, and its partners.
       (12) Archiving and disclosing to the public the results of 
     these analyses by the social media companies and trusted 
     third-party experts in a transparent manner will serve to 
     demonstrate that the social media companies are detecting and 
     removing foreign malign activities from their platforms while 
     protecting the privacy of the people of the United States and 
     will build public understanding of the scale and scope of 
     these foreign threats to our democracy, since exposure is one 
     of the most effective means to build resilience.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the social media companies should cooperate among 
     themselves and with independent organizations and researchers 
     on a sustained and regular basis to share and analyze data 
     and indicators relevant to foreign information warfare 
     operations within and across their platforms in order to 
     detect and counter foreign information warfare operations 
     that threaten the national security of the United States and 
     its allies and partners;
       (2) these analytic efforts should be organized in such a 
     fashion as to meet the highest standards of ethics, 
     confidentiality, and privacy protection of the people of the 
     United States;
       (3) these analytic efforts should be undertaken as soon as 
     possible to facilitate countering ongoing Kremlin, Kremlin-
     linked, and other foreign information warfare operations and 
     to aid in preparations for the United States presidential and 
     congressional elections in 2020 and beyond;
       (4) the structure and operations of social media companies 
     make them well positioned to address foreign adversary threat 
     networks within and across their platforms, and these efforts 
     could be conducted without direct Government involvement, 
     direction, or regulation; and
       (5) if the social media industry fails to take sufficient 
     action to address foreign adversary threat networks operating 
     within or across their platforms, Congress would have to 
     consider additional safeguards for ensuring that this threat 
     is effectively mitigated.
       (c) Authority to Facilitate Establishment of Social Media 
     Data Analysis Center.--
       (1) Authority.--The Director of National Intelligence, in 
     coordination with the Secretary of Defense, may facilitate, 
     by grant or contract or under an existing authority of the 
     Director, the establishment of a Social Media Data Analysis 
     Center with the functions described in paragraph (2) at an 
     independent, nonprofit organization.
       (2) Functions.--The functions described in this paragraph 
     are the following:
       (A) Acting as a convening and sponsoring authority for 
     cooperative social media data analysis of foreign threat 
     networks involving social media companies and third-party 
     experts, nongovernmental organizations, data journalists, 
     federally funded research and development centers, and 
     academic researchers.
       (B) Facilitating analysis within and across the individual 
     social media platforms for the purpose of detecting, 
     exposing, and countering clandestine foreign influence 
     operations and related unlawful activities that fund or 
     subsidize such operations.
       (C) Developing processes to share information from 
     government entities on foreign influence operations with the 
     individual social media companies to inform threat analysis, 
     and working with the Office of the Director of National 
     Intelligence as appropriate.
       (D) Determining and making public criteria for identifying 
     which companies, organizations, or researchers qualify for 
     inclusion in the activities of the Center, and inviting 
     entities that fit the criteria to join.
       (E) Determining jointly with the social media companies 
     what data and metadata related to indicators of foreign 
     adversary threat networks from their platforms and business 
     operations will be made available for access and analysis.
       (F) Developing and making public the criteria and standards 
     that must be met for companies, other organizations, and 
     individual researchers to access and analyze data relating to 
     foreign adversary threat networks within and across social 
     media platforms and publish or otherwise use the results.
       (G) Developing and making public the ethical standards for 
     investigation of foreign threat networks and use of analytic 
     results and for protection of the privacy of the customers 
     and users of the social media platforms and of the 
     proprietary information of the social media companies.
       (H) Developing technical, contractual, and procedural 
     controls to prevent misuse of data, including any necessary 
     auditing procedures, compliance checks, and review 
     mechanisms.
       (I) Developing and making public criteria and conditions 
     under which the Center shall share information with the 
     appropriate Government agencies regarding threats to national 
     security from, or violations of the law involving, foreign 
     activities on social media platforms.

[[Page S3729]]

       (J) Developing a searchable, public archive aggregating 
     information related to foreign influence and disinformation 
     operations to build a collective understanding of the threats 
     and facilitate future examination consistent with privacy 
     protections.
       (d) Reporting and Notifications.--If the Director of 
     National Intelligence chooses to use funds under subsection 
     (c)(1) to facilitate the establishment of the Center, the 
     Director of the Center shall--
       (1) not later than March 1, 2020, submit to Congress a 
     report on--
       (A) the estimated funding needs of the Center for fiscal 
     year 2021 and for subsequent years;
       (B) such statutory protections from liability as the 
     Director considers necessary for the Center, participating 
     social media companies, and participating third-party 
     analytical participants;
       (C) such statutory penalties as the Director considers 
     necessary to ensure against misuse of data by researchers; 
     and
       (D) such changes to the Center's mission to fully capture 
     broader unlawful activities that intersect with, complement, 
     or support information warfare tactics; and
       (2) not less frequently than once each year, submit to the 
     Director of National Intelligence, the Secretary of Defense, 
     and the appropriate congressional committees a report--
       (A) that assesses--
       (i) degree of cooperation and commitment from the social 
     media companies to the mission of the Center; and
       (ii) effectiveness of the Center in detecting and removing 
     clandestine foreign information warfare operations from 
     social media platforms; and
       (B) includes such recommendations for legislative or 
     administrative action as the Center considers appropriate to 
     carry out the functions of the Center.
       (e) Periodic Reporting to the Public.--The Director of the 
     Center shall--
       (1) once each quarter, make available to the public a 
     report on key trends in foreign influence and disinformation 
     operations, including any threats to campaigns and elections, 
     to inform the public of the United States; and
       (2) as the Director considers necessary, provide more 
     timely assessments relating to ongoing disinformation 
     campaigns.
       (f) Funding.--Of the amounts appropriated or otherwise made 
     available to the National Intelligence Program (as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)) in fiscal year 2020 and 2021, the Director of National 
     Intelligence may use up to $30,000,000 to carry out this 
     section.
       (g) Definition of Appropriate Congressional Committees.--In 
     this section, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on Foreign Relations of the Senate;
       (4) the Committee on the Judiciary of the Senate;
       (5) the Select Committee on Intelligence of the Senate;
       (6) the Committee on Armed Services of the House of 
     Representatives;
       (7) the Committee on Homeland Security of the House of 
     Representatives;
       (8) the Committee on Foreign Affairs of the House of 
     Representatives;
       (9) the Committee on the Judiciary of the House of 
     Representatives; and
       (10) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 405. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA.

       (a) Definitions.--In this section:
       (1) Covered institution of higher education.--The term 
     ``covered institution of higher education'' means an 
     institution described in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002) that receives Federal funds in 
     any amount and for any purpose.
       (2) Sensitive research subject.--The term ``sensitive 
     research subject'' means a subject of research that is 
     carried out at a covered institution of higher education that 
     receives funds that were appropriated for--
       (A) the National Intelligence Program; or
       (B) any Federal agency the Director of National 
     Intelligence deems appropriate.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act and not less frequently 
     than once each year thereafter, the Director of National 
     Intelligence, in consultation with such elements of the 
     intelligence community as the Director considers appropriate 
     and consistent with the privacy protections afforded to 
     United States persons, shall submit to congressional 
     intelligence committees a report on risks to sensitive 
     research subjects posed by foreign entities in order to 
     provide Congress and covered institutions of higher education 
     with more complete information on these risks and to help 
     ensure academic freedom.
       (c) Contents.--The report required by subsection (b) shall 
     include the following:
       (1) A list of sensitive research subjects that could affect 
     national security.
       (2) A list of foreign entities, including governments, 
     corporations, nonprofit organizations and for-profit 
     organizations, and any subsidiary or affiliate of such an 
     entity, that the Director determines pose a 
     counterintelligence, espionage (including economic 
     espionage), or other national security threats with respect 
     to sensitive research subjects.
       (3) A list of any known or suspected attempts by foreign 
     entities to exert pressure on covered institutions of higher 
     education, including attempts to limit freedom of speech, 
     propagate misinformation or disinformation, or to influence 
     professors, researchers, or students.
       (4) Recommendations for collaboration between covered 
     institutions of higher education and the intelligence 
     community to mitigate threats to sensitive research subjects 
     associated with foreign influence in academia, including any 
     necessary legislative or administrative action.
       (d) Congressional Notifications Required.--Not later than 
     30 days after the date on which the Director identifies a 
     change to either list described in paragraph (1) or (2) of 
     subsection (c), the Director shall notify the congressional 
     intelligence committees of the change.

     SEC. 406. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON FIFTH-
                   GENERATION WIRELESS NETWORK TECHNOLOGY.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on--
       (1) the threat to United States national security posed by 
     the global and regional adoption of fifth-generation (5G) 
     wireless network technology built by foreign companies; and
       (2) the effect of possible efforts to mitigate the threat.
       (b) Contents.--The report required by subsection (a) shall 
     include:
       (1) The timeline and scale of global and regional adoption 
     of foreign fifth-generation wireless network technology.
       (2) The implications of such global and regional adoption 
     on the cyber and espionage threat to the United States and 
     United States interests as well as to United States cyber and 
     collection capabilities.
       (3) The effect of possible mitigation efforts, including:
       (A) United States Government policy promoting the use of 
     strong, end-to-end encryption for data transmitted over 
     fifth-generation wireless networks.
       (B) United States Government policy promoting or funding 
     free, open-source implementation of fifth-generation wireless 
     network technology.
       (C) United States Government subsidies or incentives that 
     could be used to promote the adoption of secure fifth-
     generation wireless network technology developed by companies 
     of the United States or companies of allies of the United 
     States.
       (D) United States Government strategy to reduce foreign 
     influence and political pressure in international standard-
     setting bodies.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form to the greatest extent 
     practicable, but may include a classified appendix if 
     necessary.

     SEC. 407. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED 
                   STATES ON CYBERSECURITY AND SURVEILLANCE 
                   THREATS TO CONGRESS.

       (a) Annual Report Required.--Not later than 180 days after 
     the date of the enactment of this Act and not less frequently 
     than once each year thereafter, the Comptroller General of 
     the United States shall submit to the congressional 
     intelligence committees a report on cybersecurity and 
     surveillance threats to Congress.
       (b) Statistics.--Each report submitted under subsection (a) 
     shall include statistics on cyber attacks and other incidents 
     of espionage or surveillance targeted against Senators or the 
     immediate families or staff of the Senators, in which the 
     nonpublic communications and other private information of 
     such targeted individuals were lost, stolen, or otherwise 
     subject to unauthorized access by criminals or a foreign 
     government.
       (c) Consultation.--In preparing a report to be submitted 
     under subsection (a), the Comptroller General shall consult 
     with the Director of National Intelligence, the Secretary of 
     Homeland Security, and the Sergeant at Arms and Doorkeeper of 
     the Senate.

     SEC. 408. DIRECTOR OF NATIONAL INTELLIGENCE ASSESSMENTS OF 
                   FOREIGN INTERFERENCE IN ELECTIONS.

       (a) Assessments Required.--Not later than 45 days after the 
     conclusion of a United States election, the Director of 
     National Intelligence, in consultation with the heads of such 
     other executive departments and agencies as the Director 
     considers appropriate, shall--
       (1) conduct an assessment of any information indicating 
     that a foreign government, or any person acting as an agent 
     of or on behalf of a foreign government, has acted with the 
     intent or purpose of interfering in that election; and
       (2) transmit the findings of the Director with respect to 
     the assessment conducted under paragraph (1), along with such 
     supporting information as the Director considers appropriate, 
     to the following:
       (A) The President.
       (B) The Secretary of State.
       (C) The Secretary of the Treasury.
       (D) The Secretary of Defense.
       (E) The Attorney General.
       (F) The Secretary of Homeland Security.
       (G) Congress.
       (b) Elements.--An assessment conducted under subsection 
     (a)(1), with respect to an

[[Page S3730]]

     act described in such subsection, shall identify, to the 
     maximum extent ascertainable, the following:
       (1) The nature of any foreign interference and any methods 
     employed to execute the act.
       (2) The persons involved.
       (3) The foreign government or governments that authorized, 
     directed, sponsored, or supported the act.
       (c) Publication.--In a case in which the Director conducts 
     an assessment under subsection (a)(1) with respect to an 
     election, the Director shall, as soon as practicable after 
     the date of the conclusion of such election and not later 
     than 60 days after the date of such conclusion, make 
     available to the public, to the greatest extent possible 
     consistent with the protection of sources and methods, the 
     findings transmitted under subsection (a)(2).

     SEC. 409. STUDY ON FEASIBILITY AND ADVISABILITY OF 
                   ESTABLISHING GEOSPATIAL-INTELLIGENCE MUSEUM AND 
                   LEARNING CENTER.

       (a) Study Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of the National 
     Geospatial-Intelligence Agency shall complete a study on the 
     feasibility and advisability of establishing a Geospatial-
     Intelligence Museum and learning center.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) Identifying the costs, opportunities, and challenges of 
     establishing the museum and learning center as described in 
     such subsection.
       (2) Developing recommendations concerning such 
     establishment.
       (3) Identifying and reviewing lessons learned from the 
     establishment of the Cyber Center for Education and 
     Innovation-Home of the National Cryptologic Museum under 
     section 7781(a) of title 10, United States Code.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director shall submit to the 
     congressional intelligence committees and the congressional 
     defense committees (as defined in section 101 of title 10, 
     United States Code) a report on the findings of the Director 
     with respect to the study completed under subsection (a).

     SEC. 410. REPORT ON DEATH OF JAMAL KHASHOGGI.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the death 
     of Jamal Khashoggi, consistent with protecting sources and 
     methods. Such report shall include identification of those 
     who carried out, participated in, ordered, or were otherwise 
     complicit in or responsible for the death of Jamal Khashoggi.
       (b) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form.

DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``Damon 
     Paul Nelson and Matthew Young Pollard Intelligence 
     Authorization Act for Fiscal Years 2018 and 2019''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019

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

                    TITLE I--INTELLIGENCE ACTIVITIES

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. Computation of annuities for employees of the Central 
              Intelligence Agency.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
              law.
Sec. 303. Modification of special pay authority for science, 
              technology, engineering, or mathematics positions and 
              addition of special pay authority for cyber positions.
Sec. 304. Modification of appointment of Chief Information Officer of 
              the Intelligence Community.
Sec. 305. Director of National Intelligence review of placement of 
              positions within the intelligence community on the 
              Executive Schedule.
Sec. 306. Supply Chain and Counterintelligence Risk Management Task 
              Force.
Sec. 307. Consideration of adversarial telecommunications and 
              cybersecurity infrastructure when sharing intelligence 
              with foreign governments and entities.
Sec. 308. Cyber protection support for the personnel of the 
              intelligence community in positions highly vulnerable to 
              cyber attack.
Sec. 309. Modification of authority relating to management of supply-
              chain risk.
Sec. 310. Limitations on determinations regarding certain security 
              classifications.
Sec. 311. Joint Intelligence Community Council.
Sec. 312. Intelligence community information technology environment.
Sec. 313. Report on development of secure mobile voice solution for 
              intelligence community.
Sec. 314. Policy on minimum insider threat standards.
Sec. 315. Submission of intelligence community policies.
Sec. 316. Expansion of intelligence community recruitment efforts.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Authority for protection of current and former employees of 
              the Office of the Director of National Intelligence.
Sec. 402. Designation of the program manager-information sharing 
              environment.
Sec. 403. Technical modification to the executive schedule.
Sec. 404. Chief Financial Officer of the Intelligence Community.
Sec. 405. Chief Information Officer of the Intelligence Community.

                Subtitle B--Central Intelligence Agency

Sec. 411. Central Intelligence Agency subsistence for personnel 
              assigned to austere locations.
Sec. 412. Expansion of security protective service jurisdiction of the 
              Central Intelligence Agency.
Sec. 413. Repeal of foreign language proficiency requirement for 
              certain senior level positions in the Central 
              Intelligence Agency.

     Subtitle C--Office of Intelligence and Counterintelligence of 
                          Department of Energy

Sec. 421. Consolidation of Department of Energy Offices of Intelligence 
              and Counterintelligence.
Sec. 422. Repeal of Department of Energy Intelligence Executive 
              Committee and budget reporting requirement.

                       Subtitle D--Other Elements

Sec. 431. Plan for designation of counterintelligence component of 
              Defense Security Service as an element of intelligence 
              community.
Sec. 432. Notice not required for private entities.
Sec. 433. Framework for roles, missions, and functions of Defense 
              Intelligence Agency.
Sec. 434. Establishment of advisory board for National Reconnaissance 
              Office.
Sec. 435. Collocation of certain Department of Homeland Security 
              personnel at field locations.

                       TITLE V--ELECTION MATTERS

Sec. 501. Report on cyber attacks by foreign governments against United 
              States election infrastructure.
Sec. 502. Review of intelligence community's posture to collect against 
              and analyze Russian efforts to influence the Presidential 
              election.
Sec. 503. Assessment of foreign intelligence threats to Federal 
              elections.
Sec. 504. Strategy for countering Russian cyber threats to United 
              States elections.
Sec. 505. Assessment of significant Russian influence campaigns 
              directed at foreign elections and referenda.
Sec. 506. Foreign counterintelligence and cybersecurity threats to 
              Federal election campaigns.
Sec. 507. Information sharing with State election officials.
Sec. 508. Notification of significant foreign cyber intrusions and 
              active measures campaigns directed at elections for 
              Federal offices.
Sec. 509. Designation of counterintelligence officer to lead election 
              security matters.

                     TITLE VI--SECURITY CLEARANCES

Sec. 601. Definitions.
Sec. 602. Reports and plans relating to security clearances and 
              background investigations.
Sec. 603. Improving the process for security clearances.
Sec. 604. Goals for promptness of determinations regarding security 
              clearances.
Sec. 605. Security Executive Agent.
Sec. 606. Report on unified, simplified, Governmentwide standards for 
              positions of trust and security clearances.
Sec. 607. Report on clearance in person concept.
Sec. 608. Budget request documentation on funding for background 
              investigations.
Sec. 609. Reports on reciprocity for security clearances inside of 
              departments and agencies.
Sec. 610. Intelligence community reports on security clearances.

[[Page S3731]]

Sec. 611. Periodic report on positions in the intelligence community 
              that can be conducted without access to classified 
              information, networks, or facilities.
Sec. 612. Information sharing program for positions of trust and 
              security clearances.
Sec. 613. Report on protections for confidentiality of whistleblower-
              related communications.

                  TITLE VII--REPORTS AND OTHER MATTERS

    Subtitle A--Matters Relating to Russia and Other Foreign Powers

Sec. 701. Limitation relating to establishment or support of 
              cybersecurity unit with the Russian Federation.
Sec. 702. Report on returning Russian compounds.
Sec. 703. Assessment of threat finance relating to Russia.
Sec. 704. Notification of an active measures campaign.
Sec. 705. Notification of travel by accredited diplomatic and consular 
              personnel of the Russian Federation in the United States.
Sec. 706. Report on outreach strategy addressing threats from United 
              States adversaries to the United States technology 
              sector.
Sec. 707. Report on Iranian support of proxy forces in Syria and 
              Lebanon.
Sec. 708. Annual report on Iranian expenditures supporting foreign 
              military and terrorist activities.
Sec. 709. Expansion of scope of committee to counter active measures 
              and report on establishment of Foreign Malign Influence 
              Center.

                          Subtitle B--Reports

Sec. 711. Technical correction to Inspector General study.
Sec. 712. Reports on authorities of the Chief Intelligence Officer of 
              the Department of Homeland Security.
Sec. 713. Report on cyber exchange program.
Sec. 714. Review of intelligence community whistleblower matters.
Sec. 715. Report on role of Director of National Intelligence with 
              respect to certain foreign investments.
Sec. 716. Report on surveillance by foreign governments against United 
              States telecommunications networks.
Sec. 717. Biennial report on foreign investment risks.
Sec. 718. Modification of certain reporting requirement on travel of 
              foreign diplomats.
Sec. 719. Semiannual reports on investigations of unauthorized 
              disclosures of classified information.
Sec. 720. Congressional notification of designation of covered 
              intelligence officer as persona non grata.
Sec. 721. Reports on intelligence community participation in 
              vulnerabilities equities process of Federal Government.
Sec. 722. Inspectors General reports on classification.
Sec. 723. Reports on global water insecurity and national security 
              implications and briefing on emerging infectious disease 
              and pandemics.
Sec. 724. Annual report on memoranda of understanding between elements 
              of intelligence community and other entities of the 
              United States Government regarding significant 
              operational activities or policy.
Sec. 725. Study on the feasibility of encrypting unclassified wireline 
              and wireless telephone calls.
Sec. 726. Modification of requirement for annual report on hiring and 
              retention of minority employees.
Sec. 727. Reports on intelligence community loan repayment and related 
              programs.
Sec. 728. Repeal of certain reporting requirements.
Sec. 729. Inspector General of the Intelligence Community report on 
              senior executives of the Office of the Director of 
              National Intelligence.
Sec. 730. Briefing on Federal Bureau of Investigation offering 
              permanent residence to sources and cooperators.
Sec. 731. Intelligence assessment of North Korea revenue sources.
Sec. 732. Report on possible exploitation of virtual currencies by 
              terrorist actors.

                       Subtitle C--Other Matters

Sec. 741. Public Interest Declassification Board.
Sec. 742. Securing energy infrastructure.
Sec. 743. Bug bounty programs.
Sec. 744. Modification of authorities relating to the National 
              Intelligence University.
Sec. 745. Technical and clerical amendments to the National Security 
              Act of 1947.
Sec. 746. Technical amendments related to the Department of Energy.
Sec. 747. Sense of Congress on notification of certain disclosures of 
              classified information.
Sec. 748. Sense of Congress on consideration of espionage activities 
              when considering whether or not to provide visas to 
              foreign individuals to be accredited to a United Nations 
              mission in the United States.
Sec. 749. Sense of Congress on WikiLeaks.

     SEC. 2. DEFINITIONS.

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

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2019.--Funds are hereby authorized to be 
     appropriated for fiscal year 2019 for the conduct of the 
     intelligence and intelligence-related activities of the 
     following elements of the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.
       (b) Fiscal Year 2018.--Funds that were appropriated for 
     fiscal year 2018 for the conduct of the intelligence and 
     intelligence-related activities of the elements of the United 
     States set forth in subsection (a) are hereby authorized.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

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

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2019 the sum of $522,424,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2019 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2019.

     SEC. 202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       (a) Computation of Annuities.--
       (1) In general.--Section 221 of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2031) is amended--
       (A) in subsection (a)(3)(B), by striking the period at the 
     end and inserting ``, as determined by using the annual rate 
     of basic pay that would be payable for full-time service in 
     that position.'';

[[Page S3732]]

       (B) in subsection (b)(1)(C)(i), by striking ``12-month'' 
     and inserting ``2-year'';
       (C) in subsection (f)(2), by striking ``one year'' and 
     inserting ``two years'';
       (D) in subsection (g)(2), by striking ``one year'' each 
     place such term appears and inserting ``two years'';
       (E) by redesignating subsections (h), (i), (j), (k), and 
     (l) as subsections (i), (j), (k), (l), and (m), respectively; 
     and
       (F) by inserting after subsection (g) the following:
       ``(h) Conditional Election of Insurable Interest Survivor 
     Annuity by Participants Married at the Time of Retirement.--
       ``(1)  Authority to make designation.--Subject to the 
     rights of former spouses under subsection (b) and section 
     222, at the time of retirement a married participant found by 
     the Director to be in good health may elect to receive an 
     annuity reduced in accordance with subsection (f)(1)(B) and 
     designate in writing an individual having an insurable 
     interest in the participant to receive an annuity under the 
     system after the participant's death, except that any such 
     election to provide an insurable interest survivor annuity to 
     the participant's spouse shall only be effective if the 
     participant's spouse waives the spousal right to a survivor 
     annuity under this Act. The amount of the annuity shall be 
     equal to 55 percent of the participant's reduced annuity.
       ``(2) Reduction in participant's annuity.--The annuity 
     payable to the participant making such election shall be 
     reduced by 10 percent of an annuity computed under subsection 
     (a) and by an additional 5 percent for each full 5 years the 
     designated individual is younger than the participant. The 
     total reduction under this subparagraph may not exceed 40 
     percent.
       ``(3) Commencement of survivor annuity.--The annuity 
     payable to the designated individual shall begin on the day 
     after the retired participant dies and terminate on the last 
     day of the month before the designated individual dies.
       ``(4) Recomputation of participant's annuity on death of 
     designated individual.--An annuity that is reduced under this 
     subsection shall, effective the first day of the month 
     following the death of the designated individual, be 
     recomputed and paid as if the annuity had not been so 
     reduced.''.
       (2) Conforming amendments.--
       (A) Central intelligence agency retirement act.--The 
     Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et 
     seq.) is amended--
       (i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by 
     striking ``221(h),'' and inserting ``221(i),''; and
       (ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by 
     striking ``221(k)'' and inserting ``221(l)''.
       (B) Central intelligence agency act of 1949.--Subsection 
     (a) of section 14 of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 3514(a)) is amended by striking ``221(h)(2), 
     221(i), 221(l),'' and inserting ``221(i)(2), 221(j), 
     221(m),''.
       (b) Annuities for Former Spouses.--Subparagraph (B) of 
     section 222(b)(5) of the Central Intelligence Agency 
     Retirement Act (50 U.S.C. 2032(b)(5)(B)) is amended by 
     striking ``one year'' and inserting ``two years''.
       (c) Prior Service Credit.--Subparagraph (A) of section 
     252(b)(3) of the Central Intelligence Agency Retirement Act 
     (50 U.S.C. 2082(b)(3)(A)) is amended by striking ``October 1, 
     1990'' both places that term appears and inserting ``March 
     31, 1991''.
       (d) Reemployment Compensation.--Section 273 of the Central 
     Intelligence Agency Retirement Act (50 U.S.C. 2113) is 
     amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Part-Time Reemployed Annuitants.--The Director shall 
     have the authority to reemploy an annuitant on a part-time 
     basis in accordance with section 8344(l) of title 5, United 
     States Code.''.
       (e) Effective Date and Application.--The amendments made by 
     subsection (a)(1)(A) and subsection (c) shall take effect as 
     if enacted on October 28, 2009, and shall apply to 
     computations or participants, respectively, as of such date.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

     SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

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

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

     SEC. 303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE, 
                   TECHNOLOGY, ENGINEERING, OR MATHEMATICS 
                   POSITIONS AND ADDITION OF SPECIAL PAY AUTHORITY 
                   FOR CYBER POSITIONS.

       Section 113B of the National Security Act of 1947 (50 
     U.S.C. 3049a) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Special Rates of Pay for Positions Requiring 
     Expertise in Science, Technology, Engineering, or 
     Mathematics.--
       ``(1) In general.--Notwithstanding part III of title 5, 
     United States Code, the head of each element of the 
     intelligence community may, for 1 or more categories of 
     positions in such element that require expertise in science, 
     technology, engineering, or mathematics--
       ``(A) establish higher minimum rates of pay; and
       ``(B) make corresponding increases in all rates of pay of 
     the pay range for each grade or level, subject to subsection 
     (b) or (c), as applicable.
       ``(2) Treatment.--The special rate supplements resulting 
     from the establishment of higher rates under paragraph (1) 
     shall be basic pay for the same or similar purposes as those 
     specified in section 5305(j) of title 5, United States 
     Code.'';
       (2) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Special Rates of Pay for Cyber Positions.--
       ``(1) In general.--Notwithstanding subsection (c), the 
     Director of the National Security Agency may establish a 
     special rate of pay--
       ``(A) not to exceed the rate of basic pay payable for level 
     II of the Executive Schedule under section 5313 of title 5, 
     United States Code, if the Director certifies to the Under 
     Secretary of Defense for Intelligence, in consultation with 
     the Under Secretary of Defense for Personnel and Readiness, 
     that the rate of pay is for positions that perform functions 
     that execute the cyber mission of the Agency; or
       ``(B) not to exceed the rate of basic pay payable for the 
     Vice President of the United States under section 104 of 
     title 3, United States Code, if the Director certifies to the 
     Secretary of Defense, by name, individuals that have advanced 
     skills and competencies and that perform critical functions 
     that execute the cyber mission of the Agency.
       ``(2) Pay limitation.--Employees receiving a special rate 
     under paragraph (1) shall be subject to an aggregate pay 
     limitation that parallels the limitation established in 
     section 5307 of title 5, United States Code, except that--
       ``(A) any allowance, differential, bonus, award, or other 
     similar cash payment in addition to basic pay that is 
     authorized under title 10, United States Code, (or any other 
     applicable law in addition to title 5 of such Code, excluding 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)) 
     shall also be counted as part of aggregate compensation; and
       ``(B) aggregate compensation may not exceed the rate 
     established for the Vice President of the United States under 
     section 104 of title 3, United States Code.
       ``(3) Limitation on number of recipients.--The number of 
     individuals who receive basic pay established under paragraph 
     (1)(B) may not exceed 100 at any time.
       ``(4) Limitation on use as comparative reference.--
     Notwithstanding any other provision of law, special rates of 
     pay and the limitation established under paragraph (1)(B) may 
     not be used as comparative references for the purpose of 
     fixing the rates of basic pay or maximum pay limitations of 
     qualified positions under section 1599f of title 10, United 
     States Code, or section 226 of the Homeland Security Act of 
     2002 (6 U.S.C. 147).'';
       (4) in subsection (c), as redesignated by paragraph (2), by 
     striking ``A minimum'' and inserting ``Except as provided in 
     subsection (b), a minimum'';
       (5) in subsection (d), as redesignated by paragraph (2), by 
     inserting ``or (b)'' after ``by subsection (a)''; and
       (6) in subsection (g), as redesignated by paragraph (2)--
       (A) in paragraph (1), by striking ``Not later than 90 days 
     after the date of the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2017'' and inserting ``Not 
     later than 90 days after the date of the enactment of the 
     Damon Paul Nelson and Matthew Young Pollard Intelligence 
     Authorization Act for Fiscal Years 2018 and 2019''; and
       (B) in paragraph (2)(A), by inserting ``or (b)'' after 
     ``subsection (a)''.

     SEC. 304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION 
                   OFFICER OF THE INTELLIGENCE COMMUNITY.

       Section 103G(a) of the National Security Act of 1947 (50 
     U.S.C. 3032(a)) is amended by striking ``President'' and 
     inserting ``Director''.

     SEC. 305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF 
                   PLACEMENT OF POSITIONS WITHIN THE INTELLIGENCE 
                   COMMUNITY ON THE EXECUTIVE SCHEDULE.

       (a) Review.--The Director of National Intelligence, in 
     coordination with the Director of the Office of Personnel 
     Management, shall conduct a review of positions within the 
     intelligence community regarding the placement of such 
     positions on the Executive Schedule under subchapter II of 
     chapter 53 of title 5, United States Code. In carrying out 
     such review, the Director of National Intelligence, in 
     coordination with the Director of the Office of Personnel 
     Management, shall determine--
       (1) the standards under which such review will be 
     conducted;
       (2) which positions should or should not be on the 
     Executive Schedule; and

[[Page S3733]]

       (3) for those positions that should be on the Executive 
     Schedule, the level of the Executive Schedule at which such 
     positions should be placed.
       (b) Report.--Not later than 60 days after the date on which 
     the review under subsection (a) is completed, the Director of 
     National Intelligence shall submit to the congressional 
     intelligence committees, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, and the Committee on 
     Oversight and Reform of the House of Representatives an 
     unredacted report describing the standards by which the 
     review was conducted and the outcome of the review.

     SEC. 306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK 
                   MANAGEMENT TASK FORCE.

       (a) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the following:
       (1) The congressional intelligence committees.
       (2) The Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.
       (3) The Committee on Armed Services, the Committee on 
     Homeland Security, and the Committee on Oversight and Reform 
     of the House of Representatives.
       (b) Requirement to Establish.--The Director of National 
     Intelligence shall establish a Supply Chain and 
     Counterintelligence Risk Management Task Force to standardize 
     information sharing between the intelligence community and 
     the acquisition community of the United States Government 
     with respect to the supply chain and counterintelligence 
     risks.
       (c) Members.--The Supply Chain and Counterintelligence Risk 
     Management Task Force established under subsection (b) shall 
     be composed of--
       (1) a representative of the Defense Security Service of the 
     Department of Defense;
       (2) a representative of the General Services 
     Administration;
       (3) a representative of the Office of Federal Procurement 
     Policy of the Office of Management and Budget;
       (4) a representative of the Department of Homeland 
     Security;
       (5) a representative of the Federal Bureau of 
     Investigation;
       (6) the Director of the National Counterintelligence and 
     Security Center; and
       (7) any other members the Director of National Intelligence 
     determines appropriate.
       (d) Security Clearances.--Each member of the Supply Chain 
     and Counterintelligence Risk Management Task Force 
     established under subsection (b) shall have a security 
     clearance at the top secret level and be able to access 
     sensitive compartmented information.
       (e) Annual Report.--The Supply Chain and 
     Counterintelligence Risk Management Task Force established 
     under subsection (b) shall submit to the appropriate 
     congressional committees an annual report that describes the 
     activities of the Task Force during the previous year, 
     including identification of the supply chain and 
     counterintelligence risks shared with the acquisition 
     community of the United States Government by the intelligence 
     community.

     SEC. 307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND 
                   CYBERSECURITY INFRASTRUCTURE WHEN SHARING 
                   INTELLIGENCE WITH FOREIGN GOVERNMENTS AND 
                   ENTITIES.

       Whenever the head of an element of the intelligence 
     community enters into an intelligence sharing agreement with 
     a foreign government or any other foreign entity, the head of 
     the element shall consider the pervasiveness of 
     telecommunications and cybersecurity infrastructure, 
     equipment, and services provided by adversaries of the United 
     States, particularly China and Russia, or entities of such 
     adversaries in the country or region of the foreign 
     government or other foreign entity entering into the 
     agreement.

     SEC. 308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE 
                   INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY 
                   VULNERABLE TO CYBER ATTACK.

       (a) Definitions.--In this section:
       (1) Personal accounts.--The term ``personal accounts'' 
     means accounts for online and telecommunications services, 
     including telephone, residential Internet access, email, text 
     and multimedia messaging, cloud computing, social media, 
     health care, and financial services, used by personnel of the 
     intelligence community outside of the scope of their 
     employment with elements of the intelligence community.
       (2) Personal technology devices.--The term ``personal 
     technology devices'' means technology devices used by 
     personnel of the intelligence community outside of the scope 
     of their employment with elements of the intelligence 
     community, including networks to which such devices connect.
       (b) Authority to Provide Cyber Protection Support.--
       (1) In general.--Subject to a determination by the Director 
     of National Intelligence, the Director may provide cyber 
     protection support for the personal technology devices and 
     personal accounts of the personnel described in paragraph 
     (2).
       (2) At-risk personnel.--The personnel described in this 
     paragraph are personnel of the intelligence community--
       (A) who the Director determines to be highly vulnerable to 
     cyber attacks and hostile information collection activities 
     because of the positions occupied by such personnel in the 
     intelligence community; and
       (B) whose personal technology devices or personal accounts 
     are highly vulnerable to cyber attacks and hostile 
     information collection activities.
       (c) Nature of Cyber Protection Support.--Subject to the 
     availability of resources, the cyber protection support 
     provided to personnel under subsection (b) may include 
     training, advice, assistance, and other services relating to 
     cyber attacks and hostile information collection activities.
       (d) Limitation on Support.--Nothing in this section shall 
     be construed--
       (1) to encourage personnel of the intelligence community to 
     use personal technology devices for official business; or
       (2) to authorize cyber protection support for senior 
     intelligence community personnel using personal devices, 
     networks, and personal accounts in an official capacity.
       (e) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director shall submit to the 
     congressional intelligence committees a report on the 
     provision of cyber protection support under subsection (b). 
     The report shall include--
       (1) a description of the methodology used to make the 
     determination under subsection (b)(2); and
       (2) guidance for the use of cyber protection support and 
     tracking of support requests for personnel receiving cyber 
     protection support under subsection (b).

     SEC. 309. MODIFICATION OF AUTHORITY RELATING TO MANAGEMENT OF 
                   SUPPLY-CHAIN RISK.

       (a) Modification of Effective Date.--Subsection (f) of 
     section 309 of the Intelligence Authorization Act for Fiscal 
     Year 2012 (Public Law 112-87; 50 U.S.C. 3329 note) is amended 
     by striking ``the date that is 180 days after''.
       (b) Repeal of Sunset.--Such section is amended by striking 
     subsection (g).
       (c) Reports.--Such section, as amended by subsection (b), 
     is further amended--
       (1) by redesignating subsection (f), as amended by 
     subsection (a), as subsection (g); and
       (2) by inserting after subsection (e) the following:
       ``(f) Annual Reports.--
       ``(1) In general.--Except as provided in paragraph (2), not 
     later than 180 days after the date of the enactment of the 
     Damon Paul Nelson and Matthew Young Pollard Intelligence 
     Authorization Act for Fiscal Years 2018 and 2019 and not less 
     frequently than once each calendar year thereafter, the 
     Director of National Intelligence shall, in consultation with 
     each head of a covered agency, submit to the congressional 
     intelligence committees (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003)), a report 
     that details the determinations and notifications made under 
     subsection (c) during the most recently completed calendar 
     year.
       ``(2) Initial report.--The first report submitted under 
     paragraph (1) shall detail all the determinations and 
     notifications made under subsection (c) before the date of 
     the submittal of the report.''.

     SEC. 310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN 
                   SECURITY CLASSIFICATIONS.

       (a) Prohibition.--An officer of an element of the 
     intelligence community who has been nominated by the 
     President for a position that requires the advice and consent 
     of the Senate may not make a classification decision with 
     respect to information related to such officer's nomination.
       (b) Classification Determinations.--
       (1) In general.--Except as provided in paragraph (2), in a 
     case in which an officer described in subsection (a) has been 
     nominated as described in such subsection and classification 
     authority rests with the officer or another officer who 
     reports directly to such officer, a classification decision 
     with respect to information relating to the officer shall be 
     made by the Director of National Intelligence.
       (2) Nominations of director of national intelligence.--In a 
     case described in paragraph (1) in which the officer 
     nominated is the Director of National Intelligence, the 
     classification decision shall be made by the Principal Deputy 
     Director of National Intelligence.
       (c) Reports.--Whenever the Director or the Principal Deputy 
     Director makes a decision under subsection (b), the Director 
     or the Principal Deputy Director, as the case may be, shall 
     submit to the congressional intelligence committees a report 
     detailing the reasons for the decision.

     SEC. 311. JOINT INTELLIGENCE COMMUNITY COUNCIL.

       (a) Meetings.--Section 101A(d) of the National Security Act 
     of 1947 (50 U.S.C. 3022(d)) is amended--
       (1) by striking ``regular''; and
       (2) by inserting ``as the Director considers appropriate'' 
     after ``Council''.
       (b) Report on Function and Utility of the Joint 
     Intelligence Community Council.--
       (1) In general.--No later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the Executive Office of 
     the President and members of the Joint Intelligence Community 
     Council, shall submit to the congressional intelligence 
     committees a report on the function and utility of the Joint 
     Intelligence Community Council.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) The number of physical or virtual meetings held by the 
     Council per year since the Council's inception.

[[Page S3734]]

       (B) A description of the effect and accomplishments of the 
     Council.
       (C) An explanation of the unique role of the Council 
     relative to other entities, including with respect to the 
     National Security Council and the Executive Committee of the 
     intelligence community.
       (D) Recommendations for the future role and operation of 
     the Council.
       (E) Such other matters relating to the function and utility 
     of the Council as the Director considers appropriate.
       (3) Form.--The report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY 
                   ENVIRONMENT.

       (a) Definitions.--In this section:
       (1) Core service.--The term ``core service'' means a 
     capability that is available to multiple elements of the 
     intelligence community and required for consistent operation 
     of the intelligence community information technology 
     environment.
       (2) Intelligence community information technology 
     environment.--The term ``intelligence community information 
     technology environment'' means all of the information 
     technology services across the intelligence community, 
     including the data sharing and protection environment across 
     multiple classification domains.
       (b) Roles and Responsibilities.--
       (1) Director of national intelligence.--The Director of 
     National Intelligence shall be responsible for coordinating 
     the performance by elements of the intelligence community of 
     the intelligence community information technology 
     environment, including each of the following:
       (A) Ensuring compliance with all applicable environment 
     rules and regulations of such environment.
       (B) Ensuring measurable performance goals exist for such 
     environment.
       (C) Documenting standards and practices of such 
     environment.
       (D) Acting as an arbiter among elements of the intelligence 
     community related to any disagreements arising out of the 
     implementation of such environment.
       (E) Delegating responsibilities to the elements of the 
     intelligence community and carrying out such other 
     responsibilities as are necessary for the effective 
     implementation of such environment.
       (2) Core service providers.--Providers of core services 
     shall be responsible for--
       (A) providing core services, in coordination with the 
     Director of National Intelligence; and
       (B) providing the Director with information requested and 
     required to fulfill the responsibilities of the Director 
     under paragraph (1).
       (3) Use of core services.--
       (A) In general.--Except as provided in subparagraph (B), 
     each element of the intelligence community shall use core 
     services when such services are available.
       (B) Exception.--The Director of National Intelligence may 
     provide for a written exception to the requirement under 
     subparagraph (A) if the Director determines there is a 
     compelling financial or mission need for such exception.
       (c) Management Accountability.--Not later than 90 days 
     after the date of the enactment of this Act, the Director of 
     National Intelligence shall designate and maintain one or 
     more accountable executives of the intelligence community 
     information technology environment to be responsible for--
       (1) management, financial control, and integration of such 
     environment;
       (2) overseeing the performance of each core service, 
     including establishing measurable service requirements and 
     schedules;
       (3) to the degree feasible, ensuring testing of each core 
     service of such environment, including testing by the 
     intended users, to evaluate performance against measurable 
     service requirements and to ensure the capability meets user 
     requirements; and
       (4) coordinate transition or restructuring efforts of such 
     environment, including phaseout of legacy systems.
       (d) Security Plan.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall develop and maintain a security plan for 
     the intelligence community information technology 
     environment.
       (e) Long-term Roadmap.--Not later than 180 days after the 
     date of the enactment of this Act, and during each of the 
     second and fourth fiscal quarters thereafter, the Director of 
     National Intelligence shall submit to the congressional 
     intelligence committees a long-term roadmap that shall 
     include each of the following:
       (1) A description of the minimum required and desired core 
     service requirements, including--
       (A) key performance parameters; and
       (B) an assessment of current, measured performance.
       (2) implementation milestones for the intelligence 
     community information technology environment, including each 
     of the following:
       (A) A schedule for expected deliveries of core service 
     capabilities during each of the following phases:
       (i) Concept refinement and technology maturity 
     demonstration.
       (ii) Development, integration, and demonstration.
       (iii) Production, deployment, and sustainment.
       (iv) System retirement.
       (B) Dependencies of such core service capabilities.
       (C) Plans for the transition or restructuring necessary to 
     incorporate core service capabilities.
       (D) A description of any legacy systems and discontinued 
     capabilities to be phased out.
       (3) Such other matters as the Director determines 
     appropriate.
       (f) Business Plan.--Not later than 180 days after the date 
     of the enactment of this Act, and during each of the second 
     and fourth fiscal quarters thereafter, the Director of 
     National Intelligence shall submit to the congressional 
     intelligence committees a business plan that includes each of 
     the following:
       (1) A systematic approach to identify core service funding 
     requests for the intelligence community information 
     technology environment within the proposed budget, including 
     multiyear plans to implement the long-term roadmap required 
     by subsection (e).
       (2) A uniform approach by which each element of the 
     intelligence community shall identify the cost of legacy 
     information technology or alternative capabilities where 
     services of the intelligence community information technology 
     environment will also be available.
       (3) A uniform effort by which each element of the 
     intelligence community shall identify transition and 
     restructuring costs for new, existing, and retiring services 
     of the intelligence community information technology 
     environment, as well as services of such environment that 
     have changed designations as a core service.
       (g) Quarterly Presentations.--Beginning not later than 180 
     days after the date of the enactment of this Act, the 
     Director of National Intelligence shall provide to the 
     congressional intelligence committees quarterly updates 
     regarding ongoing implementation of the intelligence 
     community information technology environment as compared to 
     the requirements in the most recently submitted security plan 
     required by subsection (d), long-term roadmap required by 
     subsection (e), and business plan required by subsection (f).
       (h) Additional Notifications.--The Director of National 
     Intelligence shall provide timely notification to the 
     congressional intelligence committees regarding any policy 
     changes related to or affecting the intelligence community 
     information technology environment, new initiatives or 
     strategies related to or impacting such environment, and 
     changes or deficiencies in the execution of the security plan 
     required by subsection (d), long-term roadmap required by 
     subsection (e), and business plan required by subsection (f)
       (i) Sunset.--The section shall have no effect on or after 
     September 30, 2024.

     SEC. 313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE 
                   SOLUTION FOR INTELLIGENCE COMMUNITY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the Director of the 
     Central Intelligence Agency and the Director of the National 
     Security Agency, shall submit to the congressional 
     intelligence committees a classified report on the 
     feasibility, desirability, cost, and required schedule 
     associated with the implementation of a secure mobile voice 
     solution for the intelligence community.
       (b) Contents.--The report required by subsection (a) shall 
     include, at a minimum, the following:
       (1) The benefits and disadvantages of a secure mobile voice 
     solution.
       (2) Whether the intelligence community could leverage 
     commercially available technology for classified voice 
     communications that operates on commercial mobile networks in 
     a secure manner and identifying the accompanying security 
     risks to such networks.
       (3) A description of any policies or community guidance 
     that would be necessary to govern the potential solution, 
     such as a process for determining the appropriate use of a 
     secure mobile telephone and any limitations associated with 
     such use.

     SEC. 314. POLICY ON MINIMUM INSIDER THREAT STANDARDS.

       (a) Policy Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall establish a policy for minimum insider 
     threat standards that is consistent with the National Insider 
     Threat Policy and Minimum Standards for Executive Branch 
     Insider Threat Programs.
       (b) Implementation.--Not later than 180 days after the date 
     of the enactment of this Act, the head of each element of the 
     intelligence community shall implement the policy established 
     under subsection (a).

     SEC. 315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.

       (a) Definitions.--In this section:
       (1) Electronic repository.--The term ``electronic 
     repository'' means the electronic distribution mechanism, in 
     use as of the date of the enactment of this Act, or any 
     successor electronic distribution mechanism, by which the 
     Director of National Intelligence submits to the 
     congressional intelligence committees information.
       (2) Policy.--The term ``policy'', with respect to the 
     intelligence community, includes unclassified or classified--
       (A) directives, policy guidance, and policy memoranda of 
     the intelligence community;

[[Page S3735]]

       (B) executive correspondence of the Director of National 
     Intelligence; and
       (C) any equivalent successor policy instruments.
       (b) Submission of Policies.--
       (1) Current policy.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees using the electronic repository all nonpublicly 
     available policies issued by the Director of National 
     Intelligence for the intelligence community that are in 
     effect as of the date of the submission.
       (2) Continuous updates.--Not later than 15 days after the 
     date on which the Director of National Intelligence issues, 
     modifies, or rescinds a policy of the intelligence community, 
     the Director shall--
       (A) notify the congressional intelligence committees of 
     such addition, modification, or removal; and
       (B) update the electronic repository with respect to such 
     addition, modification, or removal.

     SEC. 316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT 
                   EFFORTS.

       In order to further increase the diversity of the 
     intelligence community workforce, not later than 90 days 
     after the date of the enactment of this Act, the Director of 
     National Intelligence, in consultation with heads of elements 
     of the Intelligence Community, shall create, implement, and 
     submit to the congressional intelligence committees a written 
     plan to ensure that rural and underrepresented regions are 
     more fully and consistently represented in such elements' 
     employment recruitment efforts. Upon receipt of the plan, the 
     congressional committees shall have 60 days to submit 
     comments to the Director of National Intelligence before such 
     plan shall be implemented.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

     SEC. 401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER 
                   EMPLOYEES OF THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

       Section 5(a)(4) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 3506(a)(4)) is amended by striking ``such 
     personnel of the Office of the Director of National 
     Intelligence as the Director of National Intelligence may 
     designate;'' and inserting ``current and former personnel of 
     the Office of the Director of National Intelligence and their 
     immediate families as the Director of National Intelligence 
     may designate;''.

     SEC. 402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION 
                   SHARING ENVIRONMENT.

       (a) Information Sharing Environment.--Section 1016(b) of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (6 U.S.C. 485(b)) is amended--
       (1) in paragraph (1), by striking ``President'' and 
     inserting ``Director of National Intelligence''; and
       (2) in paragraph (2), by striking ``President'' both places 
     that term appears and inserting ``Director of National 
     Intelligence''.
       (b) Program Manager.--Section 1016(f)(1) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 485(f)(1)) is amended by striking ``The individual 
     designated as the program manager shall serve as program 
     manager until removed from service or replaced by the 
     President (at the President's sole discretion).'' and 
     inserting ``Beginning on the date of the enactment of the 
     Damon Paul Nelson and Matthew Young Pollard Intelligence 
     Authorization Act for Fiscal Years 2018 and 2019, each 
     individual designated as the program manager shall be 
     appointed by the Director of National Intelligence.''.

     SEC. 403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.

       Section 5315 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``Director of the National Counterintelligence and Security 
     Center.''.

     SEC. 404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE 
                   COMMUNITY.

       Section 103I(a) of the National Security Act of 1947 (50 
     U.S.C. 3034(a)) is amended by adding at the end the following 
     new sentence: ``The Chief Financial Officer shall report 
     directly to the Director of National Intelligence.''.

     SEC. 405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE 
                   COMMUNITY.

       Section 103G(a) of the National Security Act of 1947 (50 
     U.S.C. 3032(a)) is amended by adding at the end the following 
     new sentence: ``The Chief Information Officer shall report 
     directly to the Director of National Intelligence.''.

                Subtitle B--Central Intelligence Agency

     SEC. 411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR 
                   PERSONNEL ASSIGNED TO AUSTERE LOCATIONS.

       Subsection (a) of section 5 of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 3506) is amended--
       (1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,'' 
     and inserting ``(50 U.S.C. 403-4a),'';
       (2) in paragraph (6), by striking ``and'' at the end;
       (3) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following new paragraph (8):
       ``(8) Upon the approval of the Director, provide, during 
     any fiscal year, with or without reimbursement, subsistence 
     to any personnel assigned to an overseas location designated 
     by the Agency as an austere location.''.

     SEC. 412. EXPANSION OF SECURITY PROTECTIVE SERVICE 
                   JURISDICTION OF THE CENTRAL INTELLIGENCE 
                   AGENCY.

       Subsection (a) of section 15 of the Central Intelligence 
     Act of 1949 (50 U.S.C. 3515(a)) is amended--
       (1) in the subsection heading, by striking ``Policemen'' 
     and inserting ``Police Officers''; and
       (2) in paragraph (1)--
       (A) in subparagraph (B), by striking ``500 feet;'' and 
     inserting ``500 yards;''; and
       (B) in subparagraph (D), by striking ``500 feet.'' and 
     inserting ``500 yards.''.

     SEC. 413. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT 
                   FOR CERTAIN SENIOR LEVEL POSITIONS IN THE 
                   CENTRAL INTELLIGENCE AGENCY.

       (a) Repeal of Foreign Language Proficiency Requirement.--
     Section 104A of the National Security Act of 1947 (50 U.S.C. 
     3036) is amended by striking subsection (g).
       (b) Conforming Repeal of Report Requirement.--Section 611 
     of the Intelligence Authorization Act for Fiscal Year 2005 
     (Public Law 108-487) is amended by striking subsection (c).

     Subtitle C--Office of Intelligence and Counterintelligence of 
                          Department of Energy

     SEC. 421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF 
                   INTELLIGENCE AND COUNTERINTELLIGENCE.

       (a) In General.--Section 215 of the Department of Energy 
     Organization Act (42 U.S.C. 7144b) is amended to read as 
     follows:


            ``office of intelligence and counterintelligence

       ``Sec. 215.  (a) Definitions.--In this section, the terms 
     `intelligence community' and `National Intelligence Program' 
     have the meanings given such terms in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003).
       ``(b) In General.--There is in the Department an Office of 
     Intelligence and Counterintelligence. Such office shall be 
     under the National Intelligence Program.
       ``(c) Director.--(1) The head of the Office shall be the 
     Director of the Office of Intelligence and 
     Counterintelligence, who shall be an employee in the Senior 
     Executive Service, the Senior Intelligence Service, the 
     Senior National Intelligence Service, or any other Service 
     that the Secretary, in coordination with the Director of 
     National Intelligence, considers appropriate. The Director of 
     the Office shall report directly to the Secretary.
       ``(2) The Secretary shall select an individual to serve as 
     the Director from among individuals who have substantial 
     expertise in matters relating to the intelligence community, 
     including foreign intelligence and counterintelligence.
       ``(d) Duties.--(1) Subject to the authority, direction, and 
     control of the Secretary, the Director shall perform such 
     duties and exercise such powers as the Secretary may 
     prescribe.
       ``(2) The Director shall be responsible for establishing 
     policy for intelligence and counterintelligence programs and 
     activities at the Department.''.
       (b) Conforming Repeal.--Section 216 of the Department of 
     Energy Organization Act (42 U.S.C. 7144c) is hereby repealed.
       (c) Clerical Amendment.--The table of contents at the 
     beginning of the Department of Energy Organization Act is 
     amended by striking the items relating to sections 215 and 
     216 and inserting the following new item:

``215. Office of Intelligence and Counterintelligence.''.

     SEC. 422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE 
                   EXECUTIVE COMMITTEE AND BUDGET REPORTING