June 18, 2019 - Issue: Vol. 165, No. 102 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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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 Cn F2n+1 _ (for example, C8 F17 CH2 CH2 OH).''. ______ 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 REQUIREMENT. Section 214 of the Department of Energy Organization Act (42 U.S.C. 7144a) is amended-- (1) by striking ``(a) Duty of Secretary.--''; and (2) by striking subsections (b) and (c). Subtitle D--Other Elements SEC. 431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF DEFENSE SECURITY SERVICE AS AN ELEMENT OF INTELLIGENCE COMMUNITY. Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and Under Secretary of Defense for Intelligence, in coordination with the Director of the National Counterintelligence and Security Center, shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a plan to designate the counterintelligence component of the Defense Security Service of the Department of Defense as an element of the intelligence community by not later than January 1, 2019. Such plan shall-- (1) address the implications of such designation on the authorities, governance, personnel, resources, information technology, collection, analytic products, information sharing, and business processes of the Defense Security Service and the intelligence community; and (2) not address the personnel security functions of the Defense Security Service. SEC. 432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES. Section 3553 of title 44, United States Code, is amended-- [[Page S3736]] (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: ``(j) Rule of Construction.--Nothing in this section shall be construed to require the Secretary to provide notice to any private entity before the Secretary issues a binding operational directive under subsection (b)(2).''. SEC. 433. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF DEFENSE INTELLIGENCE AGENCY. (a) In General.--The Director of National Intelligence and the Secretary of Defense shall jointly establish a framework to ensure the appropriate balance of resources for the roles, missions, and functions of the Defense Intelligence Agency in its capacity as an element of the intelligence community and as a combat support agency. The framework shall include supporting processes to provide for the consistent and regular reevaluation of the responsibilities and resources of the Defense Intelligence Agency to prevent imbalanced priorities, insufficient or misaligned resources, and the unauthorized expansion of mission parameters. (b) Matters for Inclusion.--The framework required under subsection (a) shall include each of the following: (1) A lexicon providing for consistent definitions of relevant terms used by both the intelligence community and the Department of Defense, including each of the following: (A) Defense intelligence enterprise. (B) Enterprise manager. (C) Executive agent. (D) Function. (E) Functional manager. (F) Mission. (G) Mission manager. (H) Responsibility. (I) Role. (J) Service of common concern. (2) An assessment of the necessity of maintaining separate designations for the intelligence community and the Department of Defense for intelligence functional or enterprise management constructs. (3) A repeatable process for evaluating the addition, transfer, or elimination of defense intelligence missions, roles, and functions, currently performed or to be performed in the future by the Defense Intelligence Agency, which includes each of the following: (A) A justification for the addition, transfer, or elimination of a mission, role, or function. (B) The identification of which, if any, element of the Federal Government performs the considered mission, role, or function. (C) In the case of any new mission, role, or function-- (i) an assessment of the most appropriate agency or element to perform such mission, role, or function, taking into account the resource profiles, scope of responsibilities, primary customers, and existing infrastructure necessary to support such mission, role, or function; and (ii) a determination of the appropriate resource profile and an identification of the projected resources needed and the proposed source of such resources over the future-years defense program, to be provided in writing to any elements of the intelligence community or the Department of Defense affected by the assumption, transfer, or elimination of any mission, role, or function. (D) In the case of any mission, role, or function proposed to be assumed, transferred, or eliminated, an assessment, which shall be completed jointly by the heads of each element affected by such assumption, transfer, or elimination, of the risks that would be assumed by the intelligence community and the Department if such mission, role, or function is assumed, transferred, or eliminated. (E) A description of how determinations are made regarding the funding of programs and activities under the National Intelligence Program and the Military Intelligence Program, including-- (i) which programs or activities are funded under each such Program; (ii) which programs or activities should be jointly funded under both such Programs and how determinations are made with respect to funding allocations for such programs and activities; and (iii) the thresholds and process for changing a program or activity from being funded under one such Program to being funded under the other such Program. SEC. 434. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE OFFICE. (a) Establishment.--Section 106A of the National Security Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end the following new subsection: ``(d) Advisory Board.-- ``(1) Establishment.--There is established in the National Reconnaissance Office an advisory board (in this section referred to as the `Board'). ``(2) Duties.--The Board shall-- ``(A) study matters relating to the mission of the National Reconnaissance Office, including with respect to promoting innovation, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and ``(B) advise and report directly to the Director with respect to such matters. ``(3) Members.-- ``(A) Number and appointment.-- ``(i) In general.--The Board shall be composed of 5 members appointed by the Director from among individuals with demonstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnaissance Office. ``(ii) Notification.--Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10, United States Code) of such appointment. ``(B) Terms.--Each member shall be appointed for a term of 2 years. Except as provided by subparagraph (C), a member may not serve more than 3 terms. ``(C) Vacancy.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. ``(D) Chair.--The Board shall have a Chair, who shall be appointed by the Director from among the members. ``(E) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(F) Executive secretary.--The Director may appoint an executive secretary, who shall be an employee of the National Reconnaissance Office, to support the Board. ``(4) Meetings.--The Board shall meet not less than quarterly, but may meet more frequently at the call of the Director. ``(5) Reports.--Not later than March 31 of each year, the Board shall submit to the Director and to the congressional intelligence committees a report on the activities and significant findings of the Board during the preceding year. ``(6) Nonapplicability of certain requirements.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. ``(7) Termination.--The Board shall terminate on the date that is 3 years after the date of the first meeting of the Board.''. (b) Initial Appointments.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Reconnaissance Office shall appoint the initial 5 members to the advisory board under subsection (d) of section 106A of the National Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a). SEC. 435. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY PERSONNEL AT FIELD LOCATIONS. (a) Identification of Opportunities for Collocation.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall identify, in consultation with the Commissioner of U.S. Customs and Border Protection, the Administrator of the Transportation Security Administration, the Director of U.S. Immigration and Customs Enforcement, and the heads of such other elements of the Department of Homeland Security as the Under Secretary considers appropriate, opportunities for collocation of officers of the Office of Intelligence and Analysis in the field outside of the greater Washington, District of Columbia, area in order to support operational units from U.S. Customs and Border Protection, the Transportation Security Administration, U.S. Immigration and Customs Enforcement, and other elements of the Department of Homeland Security. (b) Plan for Collocation.--Not later than 120 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional intelligence committees a report that includes a plan for collocation as described in subsection (a). TITLE V--ELECTION MATTERS SEC. 501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST UNITED STATES ELECTION INFRASTRUCTURE. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Homeland Security of the House of Representatives; (D) the Committee on Foreign Relations of the Senate; and (E) the Committee on Foreign Affairs of the House of Representatives. (2) Congressional leadership.--The term ``congressional leadership'' includes the following: (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (b) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to congressional leadership and the appropriate congressional committees a report [[Page S3737]] on cyber attacks and attempted cyber attacks by foreign governments on United States election infrastructure in States and localities in connection with the 2016 Presidential election in the United States and such cyber attacks or attempted cyber attacks as the Under Secretary anticipates against such infrastructure. Such report shall identify the States and localities affected and shall include cyber attacks and attempted cyber attacks against voter registration databases, voting machines, voting-related computer networks, and the networks of Secretaries of State and other election officials of the various States. (c) Form.--The report submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. SEC. 502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT AGAINST AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE PRESIDENTIAL ELECTION. (a) Review Required.--Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall-- (1) complete an after action review of the posture of the intelligence community to collect against and analyze efforts of the Government of Russia to interfere in the 2016 Presidential election in the United States; and (2) submit to the congressional intelligence committees a report on the findings of the Director with respect to such review. (b) Elements.--The review required by subsection (a) shall include, with respect to the posture and efforts described in paragraph (1) of such subsection, the following: (1) An assessment of whether the resources of the intelligence community were properly aligned to detect and respond to the efforts described in subsection (a)(1). (2) An assessment of the information sharing that occurred within elements of the intelligence community. (3) An assessment of the information sharing that occurred between elements of the intelligence community. (4) An assessment of applicable authorities necessary to collect on any such efforts and any deficiencies in those authorities. (5) A review of the use of open source material to inform analysis and warning of such efforts. (6) A review of the use of alternative and predictive analysis. (c) Form of Report.--The report required by subsection (a)(2) shall be submitted to the congressional intelligence committees in a classified form. SEC. 503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL ELECTIONS. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Homeland Security of the House of Representatives. (2) Congressional leadership.--The term ``congressional leadership'' includes the following: (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (3) Security vulnerability.--The term ``security vulnerability'' has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (b) In General.--The Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the heads of other relevant elements of the intelligence community, shall-- (1) commence not later than 1 year before any regularly scheduled Federal election occurring after December 31, 2018, and complete not later than 180 days before such election, an assessment of security vulnerabilities of State election systems; and (2) not later than 180 days before any regularly scheduled Federal election occurring after December 31, 2018, submit a report on such security vulnerabilities and an assessment of foreign intelligence threats to the election to-- (A) congressional leadership; and (B) the appropriate congressional committees. (c) Update.--Not later than 90 days before any regularly scheduled Federal election occurring after December 31, 2018, the Director of National Intelligence shall-- (1) update the assessment of foreign intelligence threats to that election; and (2) submit the updated assessment to-- (A) congressional leadership; and (B) the appropriate congressional committees. SEC. 504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED STATES ELECTIONS. (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 and the Committee on Homeland Security of the House of Representatives. (4) The Committee on Foreign Relations of the Senate. (5) The Committee on Foreign Affairs of the House of Representatives. (b) Requirement for a Strategy.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Defense, and the Secretary of the Treasury, shall develop a whole-of- government strategy for countering the threat of Russian cyber attacks and attempted cyber attacks against electoral systems and processes in the United States, including Federal, State, and local election systems, voter registration databases, voting tabulation equipment, and equipment and processes for the secure transmission of election results. (c) Elements of the Strategy.--The strategy required by subsection (b) shall include the following elements: (1) A whole-of-government approach to protecting United States electoral systems and processes that includes the agencies and departments indicated in subsection (b) as well as any other agencies and departments of the United States, as determined appropriate by the Director of National Intelligence and the Secretary of Homeland Security. (2) Input solicited from Secretaries of State of the various States and the chief election officials of the States. (3) Technical security measures, including auditable paper trails for voting machines, securing wireless and Internet connections, and other technical safeguards. (4) Detection of cyber threats, including attacks and attempted attacks by Russian government or nongovernment cyber threat actors. (5) Improvements in the identification and attribution of Russian government or nongovernment cyber threat actors. (6) Deterrence, including actions and measures that could or should be undertaken against or communicated to the Government of Russia or other entities to deter attacks against, or interference with, United States election systems and processes. (7) Improvements in Federal Government communications with State and local election officials. (8) Public education and communication efforts. (9) Benchmarks and milestones to enable the measurement of concrete steps taken and progress made in the implementation of the strategy. (d) Congressional Briefing.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Homeland Security shall jointly brief the appropriate congressional committees on the strategy developed under subsection (b). SEC. 505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS DIRECTED AT FOREIGN ELECTIONS AND REFERENDA. (a) Russian Influence Campaign Defined.--In this section, the term ``Russian influence campaign'' means any effort, covert or overt, and by any means, attributable to the Russian Federation directed at an election, referendum, or similar process in a country other than the Russian Federation or the United States. (b) Assessment Required.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing an analytical assessment of the most significant Russian influence campaigns, if any, conducted during the 3-year period preceding the date of the enactment of this Act, as well as the most significant current or planned such Russian influence campaigns, if any. Such assessment shall include-- (1) a summary of such significant Russian influence campaigns, including, at a minimum, the specific means by which such campaigns were conducted, are being conducted, or likely will be conducted, as appropriate, and the specific goal of each such campaign; (2) a summary of any defenses against or responses to such Russian influence campaigns by the foreign state holding the elections or referenda; (3) a summary of any relevant activities by elements of the intelligence community undertaken for the purpose of assisting the government of such foreign state in defending against or responding to such Russian influence campaigns; and (4) an assessment of the effectiveness of such defenses and responses described in paragraphs (2) and (3). (c) Form.--The report required by subsection (b) may be submitted in classified form, but if so submitted, shall contain an unclassified summary. SEC. 506. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY THREATS TO FEDERAL ELECTION CAMPAIGNS. (a) Reports Required.-- (1) In general.--As provided in paragraph (2), for each Federal election, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis and the Director of the Federal Bureau of Investigation, [[Page S3738]] shall make publicly available on an Internet website an advisory report on foreign counterintelligence and cybersecurity threats to election campaigns for Federal offices. Each such report shall include, consistent with the protection of sources and methods, each of the following: (A) A description of foreign counterintelligence and cybersecurity threats to election campaigns for Federal offices. (B) A summary of best practices that election campaigns for Federal offices can employ in seeking to counter such threats. (C) An identification of any publicly available resources, including United States Government resources, for countering such threats. (2) Schedule for submittal.--A report under this subsection shall be made available as follows: (A) In the case of a report regarding an election held for the office of Senator or Member of the House of Representatives during 2018, not later than the date that is 60 days after the date of the enactment of this Act. (B) In the case of a report regarding an election for a Federal office during any subsequent year, not later than the date that is 1 year before the date of the election. (3) Information to be included.--A report under this subsection shall reflect the most current information available to the Director of National Intelligence regarding foreign counterintelligence and cybersecurity threats. (b) Treatment of Campaigns Subject to Heightened Threats.-- If the Director of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis jointly determine that an election campaign for Federal office is subject to a heightened foreign counterintelligence or cybersecurity threat, the Director and the Under Secretary, consistent with the protection of sources and methods, may make available additional information to the appropriate representatives of such campaign. SEC. 507. INFORMATION SHARING WITH STATE ELECTION OFFICIALS. (a) State Defined.--In this section, the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (b) Security Clearances.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall support the Under Secretary of Homeland Security for Intelligence and Analysis, and any other official of the Department of Homeland Security designated by the Secretary of Homeland Security, in sponsoring a security clearance up to the top secret level for each eligible chief election official of a State or the District of Columbia, and additional eligible designees of such election official as appropriate, at the time that such election official assumes such position. (2) Interim clearances.--Consistent with applicable policies and directives, the Director of National Intelligence may issue interim clearances, for a period to be determined by the Director, to a chief election official as described in paragraph (1) and up to 1 designee of such official under such paragraph. (c) Information Sharing.-- (1) In general.--The Director of National Intelligence shall assist the Under Secretary of Homeland Security for Intelligence and Analysis and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any appropriate classified information related to threats to election systems and to the integrity of the election process with chief election officials and such designees who have received a security clearance under subsection (b). (2) Coordination.--The Under Secretary of Homeland Security for Intelligence and Analysis shall coordinate with the Director of National Intelligence and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing of information to the affected Secretaries of State or States. SEC. 508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR FEDERAL OFFICES. (a) Definitions.--In this section: (1) Active measures campaign.--The term ``active measures campaign'' means a foreign semi-covert or covert intelligence operation. (2) Candidate, election, and political party.--The terms ``candidate'', ``election'', and ``political party'' have the meanings given those terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). (3) Congressional leadership.--The term ``congressional leadership'' includes the following: (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (4) Cyber intrusion.--The term ``cyber intrusion'' means an electronic occurrence that actually or imminently jeopardizes, without lawful authority, electronic election infrastructure, or the integrity, confidentiality, or availability of information within such infrastructure. (5) Electronic election infrastructure.--The term ``electronic election infrastructure'' means an electronic information system of any of the following that is related to an election for Federal office: (A) The Federal Government. (B) A State or local government. (C) A political party. (D) The election campaign of a candidate. (6) Federal office.--The term ``Federal office'' has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). (7) High confidence.--The term ``high confidence'', with respect to a determination, means that the determination is based on high-quality information from multiple sources. (8) Moderate confidence.--The term ``moderate confidence'', with respect to a determination, means that a determination is credibly sourced and plausible but not of sufficient quality or corroborated sufficiently to warrant a higher level of confidence. (9) Other appropriate congressional committees.--The term ``other appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. (b) Determinations of Significant Foreign Cyber Intrusions and Active Measures Campaigns.--The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly carry out subsection (c) if such Directors and the Secretary jointly determine-- (1) that on or after the date of the enactment of this Act, a significant foreign cyber intrusion or active measures campaign intended to influence an upcoming election for any Federal office has occurred or is occurring; and (2) with moderate or high confidence, that such intrusion or campaign can be attributed to a foreign state or to a foreign nonstate person, group, or other entity. (c) Briefing.-- (1) In general.--Not later than 14 days after making a determination under subsection (b), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly provide a briefing to the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the other appropriate congressional committees. The briefing shall be classified and address, at a minimum, the following: (A) A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination. (B) An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed. (C) The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign. (D) Any other information such Directors and the Secretary jointly determine appropriate. (2) Electronic election infrastructure briefings.--With respect to a significant foreign cyber intrusion covered by a determination under subsection (b), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall offer to the owner or operator of any electronic election infrastructure directly affected by such intrusion, a briefing on such intrusion, including steps that may be taken to mitigate such intrusion. Such briefing may be classified and made available only to individuals with appropriate security clearances. (3) Protection of sources and methods.--This subsection shall be carried out in a manner that is consistent with the protection of sources and methods. SEC. 509. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION SECURITY MATTERS. (a) In General.--The Director of National Intelligence shall designate a national counterintelligence officer within the National Counterintelligence and Security Center to lead, manage, and coordinate counterintelligence matters relating to election security. (b) Additional Responsibilities.--The person designated under subsection (a) shall also lead, manage, and coordinate counterintelligence matters relating to risks posed by interference from foreign powers (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)) to the following: (1) The Federal Government election security supply chain. (2) Election voting systems and software. (3) Voter registration databases. (4) Critical infrastructure related to elections. (5) Such other Government goods and services as the Director of National Intelligence considers appropriate. [[Page S3739]] TITLE VI--SECURITY CLEARANCES SEC. 601. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Armed Services of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on Armed Services of the House of Representatives; (F) the Committee on Appropriations of the House of Representatives; (G) the Committee on Homeland Security of the House of Representatives; and (H) the Committee on Oversight and Reform of the House of Representatives. (2) Appropriate industry partners.--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)) that is participating in the National Industrial Security Program established by such Executive Order. (3) Continuous vetting.--The term ``continuous vetting'' has the meaning given such term in Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information). (4) Council.--The term ``Council'' means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive Order, or any successor entity. (5) 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. (6) Suitability and credentialing executive agent.--The term ``Suitability and Credentialing Executive Agent'' means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information), or any successor entity. SEC. 602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND BACKGROUND INVESTIGATIONS. (a) Sense of Congress.--It is the sense of Congress that-- (1) ensuring the trustworthiness and security of the workforce, facilities, and information of the Federal Government is of the highest priority to national security and public safety; (2) the President and Congress should prioritize the modernization of the personnel security framework to improve its efficiency, effectiveness, and accountability; (3) the current system for security clearance, suitability and fitness for employment, and credentialing lacks efficiencies and capabilities to meet the current threat environment, recruit and retain a trusted workforce, and capitalize on modern technologies; and (4) changes to policies or processes to improve this system should be vetted through the Council to ensure standardization, portability, and reciprocity in security clearances across the Federal Government. (b) Accountability Plans and Reports.-- (1) Plans.--Not later than 90 days after the date of the enactment of this Act, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners the following: (A) A plan, with milestones, to reduce the background investigation inventory to 200,000, or an otherwise sustainable steady-level, by the end of year 2020. Such plan shall include notes of any required changes in investigative and adjudicative standards or resources. (B) A plan to consolidate the conduct of background investigations associated with the processing for security clearances in the most effective and efficient manner between the National Background Investigation Bureau and the Defense Security Service, or a successor organization. Such plan shall address required funding, personnel, contracts, information technology, field office structure, policy, governance, schedule, transition costs, and effects on stakeholders. (2) Report on the future of personnel security.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report on the future of personnel security to reflect changes in threats, the workforce, and technology. (B) Contents.--The report submitted under subparagraph (A) shall include the following: (i) A risk framework for granting and renewing access to classified information. (ii) A discussion of the use of technologies to prevent, detect, and monitor threats. (iii) A discussion of efforts to address reciprocity and portability. (iv) A discussion of the characteristics of effective insider threat programs. (v) An analysis of how to integrate data from continuous evaluation, insider threat programs, and human resources data. (vi) Recommendations on interagency governance. (3) Plan for implementation.--Not later than 180 days after the date of the enactment of this Act, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement the report's framework and recommendations submitted under paragraph (2)(A). (4) Congressional notifications.--Not less frequently than quarterly, the Security Executive Agent shall make available to the public a report regarding the status of the disposition of requests received from departments and agencies of the Federal Government for a change to, or approval under, the Federal investigative standards, the national adjudicative guidelines, continuous evaluation, or other national policy regarding personnel security. SEC. 603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES. (a) Reviews.--Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following: (1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Office of Personnel Management and the Office of the Director of National Intelligence appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the ``National Security Adjudicative Guidelines''). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines. (2) An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat. (3) Recommendations to improve the background investigation process by-- (A) simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire; (B) using remote techniques and centralized locations to support or replace field investigation work; (C) using secure and reliable digitization of information obtained during the clearance process; (D) building the capacity of the background investigation labor sector; and (E) replacing periodic reinvestigations with continuous evaluation techniques in all appropriate circumstances. (b) Policy, Strategy, and Implementation.--Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent shall, in coordination with the members of the Council, establish the following: (1) A policy and implementation plan for the issuance of interim security clearances. (2) A policy and implementation plan to ensure contractors are treated consistently in the security clearance process across agencies and departments of the United States as compared to employees of such agencies and departments. Such policy shall address-- (A) prioritization of processing security clearances based on the mission the contractors will be performing; (B) standardization in the forms that agencies issue to initiate the process for a security clearance; (C) digitization of background investigation-related forms; (D) use of the polygraph; (E) the application of the adjudicative guidelines under Security Executive Agent Directive 4 (known as the ``National Security Adjudicative Guidelines''); (F) reciprocal recognition of clearances across agencies and departments of the United States, regardless of status of periodic reinvestigation; (G) tracking of clearance files as individuals move from employment with an agency or department of the United States to employment in the private sector; (H) collection of timelines for movement of contractors across agencies and departments; (I) reporting on security incidents and job performance, consistent with section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974''), that may affect the ability to hold a security clearance; (J) any recommended changes to the Federal Acquisition Regulations (FAR) necessary to ensure that information affecting contractor clearances or suitability is appropriately and expeditiously shared between and among agencies and contractors; and (K) portability of contractor security clearances between or among contracts at the same agency and between or among contracts at different agencies that require the same level of clearance. (3) A strategy and implementation plan that-- [[Page S3740]] (A) provides for periodic reinvestigations as part of a security clearance determination only on an as-needed, risk- based basis; (B) includes actions to assess the extent to which automated records checks and other continuous evaluation methods may be used to expedite or focus reinvestigations; and (C) provides an exception for certain populations if the Security Executive Agent-- (i) determines such populations require reinvestigations at regular intervals; and (ii) provides written justification to the appropriate congressional committees for any such determination. (4) A policy and implementation plan for agencies and departments of the United States, as a part of the security clearance process, to accept automated records checks generated pursuant to a security clearance applicant's employment with a prior employer. (5) A policy for the use of certain background materials on individuals collected by the private sector for background investigation purposes. (6) Uniform standards for agency continuous evaluation programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information. SEC. 604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY CLEARANCES. (a) Reciprocity Defined.--In this section, the term ``reciprocity'' means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information. (b) In General.--The Council shall reform the security clearance process with the objective that, by December 31, 2021, 90 percent of all determinations, other than determinations regarding populations identified under section 603(b)(3)(C), regarding-- (1) security clearances-- (A) at the secret level are issued in 30 days or fewer; and (B) at the top secret level are issued in 90 days or fewer; and (2) reciprocity of security clearances at the same level are recognized in 2 weeks or fewer. (c) Certain Reinvestigations.--The Council shall reform the security clearance process with the goal that by December 31, 2021, reinvestigation on a set periodicity is not required for more than 10 percent of the population that holds a security clearance. (d) Equivalent Metrics.-- (1) In general.--If the Council develops a set of performance metrics that it certifies to the appropriate congressional committees should achieve substantially equivalent outcomes as those outlined in subsections (b) and (c), the Council may use those metrics for purposes of compliance within this provision. (2) Notice.--If the Council uses the authority provided by paragraph (1) to use metrics as described in such paragraph, the Council shall, not later than 30 days after communicating such metrics to departments and agencies, notify the appropriate congressional committees that it is using such authority. (e) Plan.--Not later than 180 days after the date of the enactment of this Act, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. Such plan shall include recommended interim milestones for the goals set forth in subsections (b) and (c) for 2019, 2020, and 2021. SEC. 605. SECURITY EXECUTIVE AGENT. (a) In General.--Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended-- (1) by redesignating sections 803 and 804 as sections 804 and 805, respectively; and (2) by inserting after section 802 the following: ``SEC. 803. SECURITY EXECUTIVE AGENT. ``(a) In General.--The Director of National Intelligence, or such other officer of the United States as the President may designate, shall serve as the Security Executive Agent for all departments and agencies of the United States. ``(b) Duties.--The duties of the Security Executive Agent are as follows: ``(1) To direct the oversight of investigations, reinvestigations, adjudications, and, as applicable, polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any Federal agency. ``(2) To review the national security background investigation and adjudication programs of Federal agencies to determine whether such programs are being implemented in accordance with this section. ``(3) To develop and issue uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations, polygraphs, and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position. ``(4) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position, as applicable. ``(5) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information). ``(6) To ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among Federal agencies, including acting as the final authority to arbitrate and resolve disputes among such agencies involving the reciprocity of investigations and adjudications of eligibility. ``(7) To execute all other duties assigned to the Security Executive Agent by law. ``(c) Authorities.--The Security Executive Agent shall-- ``(1) issue guidelines and instructions to the heads of Federal agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, timeliness, and security in processes relating to determinations by such agencies of eligibility for access to classified information or eligibility to hold a sensitive position, including such matters as investigations, polygraphs, adjudications, and reciprocity; ``(2) have the authority to grant exceptions to, or waivers of, national security investigative requirements, including issuing implementing or clarifying guidance, as necessary; ``(3) have the authority to assign, in whole or in part, to the head of any Federal agency (solely or jointly) any of the duties of the Security Executive Agent described in subsection (b) or the authorities described in paragraphs (1) and (2), provided that the exercise of such assigned duties or authorities is subject to the oversight of the Security Executive Agent, including such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate; and ``(4) define and set standards for continuous evaluation for continued access to classified information and for eligibility to hold a sensitive position.''. (b) Report on Recommendations for Revising Authorities.-- Not later than 30 days after the date on which the Chairman of the Council submits to the appropriate congressional committees the report required by section 602(b)(2)(A), the Chairman shall submit to the appropriate congressional committees such recommendations as the Chairman may have for revising the authorities of the Security Executive Agent. (c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking ``in section 804'' and inserting ``in section 805''. (d) Clerical Amendment.--The table of contents in the matter preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking the items relating to sections 803 and 804 and inserting the following: ``Sec. 803. Security Executive Agent. ``Sec. 804. Exceptions. ``Sec. 805. Definitions.''. SEC. 606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR POSITIONS OF TRUST AND SECURITY CLEARANCES. Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent, in coordination with the other members of the Council, shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a report regarding the advisability and the risks, benefits, and costs to the Government and to industry of consolidating to not more than 3 tiers for positions of trust and security clearances. SEC. 607. REPORT ON CLEARANCE IN PERSON CONCEPT. (a) Sense of Congress.--It is the sense of Congress that to reflect the greater mobility of the modern workforce, alternative methodologies merit analysis to allow greater flexibility for individuals moving in and out of positions that require access to classified information, while still preserving security. (b) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that describes the requirements, feasibility, and advisability of implementing a clearance in person concept described in subsection (c). (c) Clearance in Person Concept.--The clearance in person concept-- (1) permits an individual who once held a security clearance to maintain his or her eligibility for access to classified information, networks, and facilities for up to 3 years after the individual's eligibility for access to classified information would otherwise lapse; and (2) recognizes, unless otherwise directed by the Security Executive Agent, an individual's security clearance and background investigation as current, regardless of employment status, contingent on enrollment in a continuous vetting program. (d) Contents.--The report required under subsection (b) shall address-- (1) requirements for an individual to voluntarily remain in a continuous evaluation program validated by the Security Executive Agent even if the individual is not in a position requiring access to classified information; (2) appropriate safeguards for privacy; (3) advantages to government and industry; [[Page S3741]] (4) the costs and savings associated with implementation; (5) the risks of such implementation, including security and counterintelligence risks; (6) an appropriate funding model; and (7) fairness to small companies and independent contractors. SEC. 608. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR BACKGROUND INVESTIGATIONS. (a) In General.--As part of the fiscal year 2020 budget request submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the President shall include exhibits that identify the resources expended by each agency during the prior fiscal year for processing background investigations and continuous evaluation programs, disaggregated by tier and whether the individual was a Government employee or contractor. (b) Contents.--Each exhibit submitted under subsection (a) shall include details on-- (1) the costs of background investigations or reinvestigations; (2) the costs associated with background investigations for Government or contract personnel; (3) costs associated with continuous evaluation initiatives monitoring for each person for whom a background investigation or reinvestigation was conducted, other than costs associated with adjudication; (4) the average per person cost for each type of background investigation; and (5) a summary of transfers and reprogrammings that were executed in the previous year to support the processing of security clearances. SEC. 609. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF DEPARTMENTS AND AGENCIES. (a) Reciprocally Recognized Defined.--In this section, the term ``reciprocally recognized'' means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information. (b) Reports to Security Executive Agent.--The head of each Federal department or agency shall submit an annual report to the Security Executive Agent that-- (1) identifies the number of individuals whose security clearances take more than 2 weeks to be reciprocally recognized after such individuals move to another part of such department or agency; and (2) breaks out the information described in paragraph (1) by type of clearance and the reasons for any delays. (c) Annual Report.--Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners an annual report that summarizes the information received pursuant to subsection (b) during the period covered by such report. SEC. 610. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES. Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)(ii), by adding ``and'' at the end; (B) in subparagraph (B)(ii), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C); (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: ``(b) Intelligence Community Reports.--(1)(A) Not later than March 1 of each year, the Director of National Intelligence shall submit a report to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives regarding the security clearances processed by each element of the intelligence community during the preceding fiscal year. ``(B) The Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives such portions of the report submitted under subparagraph (A) as the Director determines address elements of the intelligence community that are within the Department of Defense. ``(C) Each report submitted under this paragraph shall separately identify security clearances processed for Federal employees and contractor employees sponsored by each such element. ``(2) Each report submitted under paragraph (1)(A) shall include, for each element of the intelligence community for the fiscal year covered by the report, the following: ``(A) The total number of initial security clearance background investigations sponsored for new applicants. ``(B) The total number of security clearance periodic reinvestigations sponsored for existing employees. ``(C) The total number of initial security clearance background investigations for new applicants that were adjudicated with notice of a determination provided to the prospective applicant, including-- ``(i) the total number of such adjudications that were adjudicated favorably and granted access to classified information; and ``(ii) the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance. ``(D) The total number of security clearance periodic background investigations that were adjudicated with notice of a determination provided to the existing employee, including-- ``(i) the total number of such adjudications that were adjudicated favorably; and ``(ii) the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance. ``(E) The total number of pending security clearance background investigations, including initial applicant investigations and periodic reinvestigations, that were not adjudicated as of the last day of such year and that remained pending, categorized as follows: ``(i) For 180 days or shorter. ``(ii) For longer than 180 days, but shorter than 12 months. ``(iii) For 12 months or longer, but shorter than 18 months. ``(iv) For 18 months or longer, but shorter than 24 months. ``(v) For 24 months or longer. ``(F) For any security clearance determinations completed or pending during the year preceding the year for which the report is submitted that have taken longer than 12 months to complete-- ``(i) an explanation of the causes for the delays incurred during the period covered by the report; and ``(ii) the number of such delays involving a polygraph requirement. ``(G) The percentage of security clearance investigations, including initial and periodic reinvestigations, that resulted in a denial or revocation of a security clearance. ``(H) The percentage of security clearance investigations that resulted in incomplete information. ``(I) The percentage of security clearance investigations that did not result in enough information to make a decision on potentially adverse information. ``(3) The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.''; and (4) in subsection (c), as redesignated, by striking ``subsection (a)(1)'' and inserting ``subsections (a)(1) and (b)''. SEC. 611. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED INFORMATION, NETWORKS, OR FACILITIES. Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report that reviews the intelligence community for which positions can be conducted without access to classified information, networks, or facilities, or may only require a security clearance at the secret level. SEC. 612. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST AND SECURITY CLEARANCES. (a) Program Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall establish and implement a program to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce. (2) Designation.--The program established under paragraph (1) shall be known as the ``Trusted Information Provider Program'' (in this section referred to as the ``Program''). (b) Privacy Safeguards.--The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate. (c) Provision of Information to the Federal Government.-- The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain pre-employment information gathered during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy. (d) Information and Records.--The information and records considered under the Program shall include the following: (1) Date and place of birth. (2) Citizenship or immigration and naturalization information. (3) Education records. (4) Employment records. (5) Employment or social references. (6) Military service records. (7) State and local law enforcement checks. (8) Criminal history checks. (9) Financial records or information. (10) Foreign travel, relatives, or associations. (11) Social media checks. (12) Such other information or records as may be relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility. (e) Implementation Plan.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, [[Page S3742]] the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the Program. (2) Elements.--The plan required by paragraph (1) shall include the following: (A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes. (B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the Program. (f) Plan for Pilot Program on Two-way Information Sharing.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel. (2) Elements.--The plan required by paragraph (1) shall include the following: (A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes. (B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the pilot program. (g) Review.--Not later than 1 year after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans. SEC. 613. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER-RELATED COMMUNICATIONS. Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent shall, in coordination with the Inspector General of the Intelligence Community, submit to the appropriate congressional committees a report detailing the controls employed by the intelligence community to ensure that continuous vetting programs, including those involving user activity monitoring, protect the 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. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the congressional intelligence committees; (2) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and (3) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (b) Limitation.-- (1) In general.--No amount may be expended by the Federal Government, other than the Department of Defense, to enter into or implement any bilateral agreement between the United States and the Russian Federation regarding cybersecurity, including the establishment or support of any cybersecurity unit, unless, at least 30 days prior to the conclusion of any such agreement, the Director of National Intelligence submits to the appropriate congressional committees a report on such agreement that includes the elements required by subsection (c). (2) Department of defense agreements.--Any agreement between the Department of Defense and the Russian Federation regarding cybersecurity shall be conducted in accordance with section 1232 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), as amended by section 1231 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91). (c) Elements.--If the Director submits a report under subsection (b) with respect to an agreement, such report shall include a description of each of the following: (1) The purpose of the agreement. (2) The nature of any intelligence to be shared pursuant to the agreement. (3) The expected value to national security resulting from the implementation of the agreement. (4) Such counterintelligence concerns associated with the agreement as the Director may have and such measures as the Director expects to be taken to mitigate such concerns. (d) Rule of Construction.--This section shall not be construed to affect any existing authority of the Director of National Intelligence, the Director of the Central Intelligence Agency, or another head of an element of the intelligence community, to share or receive foreign intelligence on a case-by-case basis. SEC. 702. REPORT ON RETURNING RUSSIAN COMPOUNDS. (a) Covered Compounds Defined.--In this section, the term ``covered compounds'' means the real property in New York, the real property in Maryland, and the real property in San Francisco, California, that were under the control of the Government of Russia in 2016 and were removed from such control in response to various transgressions by the Government of Russia, including the interference by the Government of Russia in the 2016 election in the United States. (b) Requirement for Report.--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, and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives (only with respect to the unclassified report), a report on the intelligence risks of returning the covered compounds to Russian control. (c) Form of Report.--The report required by this section shall be submitted in classified and unclassified forms. SEC. 703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA. (a) Threat Finance Defined.--In this section, the term ``threat finance'' means-- (1) the financing of cyber operations, global influence campaigns, intelligence service activities, proliferation, terrorism, or transnational crime and drug organizations; (2) the methods and entities used to spend, store, move, raise, conceal, or launder money or value, on behalf of threat actors; (3) sanctions evasion; and (4) other forms of threat finance activity domestically or internationally, as defined by the President. (b) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Assistant Secretary of the Treasury for Intelligence and Analysis, shall submit to the congressional intelligence committees a report containing an assessment of Russian threat finance. The assessment shall be based on intelligence from all sources, including from the Office of Terrorism and Financial Intelligence of the Department of the Treasury. (c) Elements.--The report required by subsection (b) shall include each of the following: (1) A summary of leading examples from the 3-year period preceding the date of the submittal of the report of threat finance activities conducted by, for the benefit of, or at the behest of-- (A) officials of the Government of Russia; (B) persons subject to sanctions under any provision of law imposing sanctions with respect to Russia; (C) Russian nationals subject to sanctions under any other provision of law; or (D) Russian oligarchs or organized criminals. (2) An assessment with respect to any trends or patterns in threat finance activities relating to Russia, including common methods of conducting such activities and global nodes of money laundering used by Russian threat actors described in paragraph (1) and associated entities. (3) An assessment of any connections between Russian individuals involved in money laundering and the Government of Russia. (4) A summary of engagement and coordination with international partners on threat finance relating to Russia, especially in Europe, including examples of such engagement and coordination. (5) An identification of any resource and collection gaps. (6) An identification of-- (A) entry points of money laundering by Russian and associated entities into the United States; (B) any vulnerabilities within the United States legal and financial system, including specific sectors, which have been or could be exploited in connection with Russian threat finance activities; and (C) the counterintelligence threat posed by Russian money laundering and other forms of threat finance, as well as the threat to the United States financial system and United States efforts to enforce sanctions and combat organized crime. (7) Any other matters the Director determines appropriate. (d) Form of Report.--The report required under subsection (b) may be submitted in classified form. SEC. 704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and (C) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. [[Page S3743]] (2) Congressional leadership.--The term ``congressional leadership'' includes the following: (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (b) Requirement for Notification.--The Director of National Intelligence, in cooperation with the Director of the Federal Bureau of Investigation and the head of any other relevant agency, shall notify the congressional leadership and the Chairman and Vice Chairman or Ranking Member of each of the appropriate congressional committees, and of other relevant committees of jurisdiction, each time the Director of National Intelligence determines there is credible information that a foreign power has, is, or will attempt to employ a covert influence or active measures campaign with regard to the modernization, employment, doctrine, or force posture of the nuclear deterrent or missile defense. (c) Content of Notification.--Each notification required by subsection (b) shall include information concerning actions taken by the United States to expose or halt an attempt referred to in subsection (b). SEC. 705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND CONSULAR PERSONNEL OF THE RUSSIAN FEDERATION IN THE UNITED STATES. In carrying out the advance notification requirements set out in section 502 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat. 825; 22 U.S.C. 254a note), the Secretary of State shall-- (1) ensure that the Russian Federation provides notification to the Secretary of State at least 2 business days in advance of all travel that is subject to such requirements by accredited diplomatic and consular personnel of the Russian Federation in the United States, and take necessary action to secure full compliance by Russian personnel and address any noncompliance; and (2) provide notice of travel described in paragraph (1) to the Director of National Intelligence and the Director of the Federal Bureau of Investigation within 1 hour of receiving notice of such travel. SEC. 706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS FROM UNITED STATES ADVERSARIES TO THE UNITED STATES TECHNOLOGY SECTOR. (a) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (3) the Committee on Armed Services, Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives. (b) 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 appropriate committees of Congress a report detailing outreach by the intelligence community and the Defense Intelligence Enterprise to United States industrial, commercial, scientific, technical, and academic communities on matters relating to the efforts of adversaries of the United States to acquire critical United States technology, intellectual property, and research and development information. (c) Contents.--The report required by subsection (b) shall include the following: (1) A review of the current outreach efforts of the intelligence community and the Defense Intelligence Enterprise described in subsection (b), including the type of information conveyed in the outreach. (2) A determination of the appropriate element of the intelligence community to lead such outreach efforts. (3) An assessment of potential methods for improving the effectiveness of such outreach, including an assessment of the following: (A) Those critical technologies, infrastructure, or related supply chains that are at risk from the efforts of adversaries described in subsection (b). (B) The necessity and advisability of granting security clearances to company or community leadership, when necessary and appropriate, to allow for tailored classified briefings on specific targeted threats. (C) The advisability of partnering with entities of the Federal Government that are not elements of the intelligence community and relevant regulatory and industry groups described in subsection (b), to convey key messages across sectors targeted by United States adversaries. (D) Strategies to assist affected elements of the communities described in subparagraph (C) in mitigating, deterring, and protecting against the broad range of threats from the efforts of adversaries described in subsection (b), with focus on producing information that enables private entities to justify business decisions related to national security concerns. (E) The advisability of the establishment of a United States Government-wide task force to coordinate outreach and activities to combat the threats from efforts of adversaries described in subsection (b). (F) Such other matters as the Director of National Intelligence may consider necessary. (d) Consultation Encouraged.--In preparing the report required by subsection (b), the Director is encouraged to consult with other government agencies, think tanks, academia, representatives of the financial industry, or such other entities as the Director considers appropriate. (e) Form.--The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex as necessary. SEC. 707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA AND LEBANON. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Arms or related material.--The term ``arms or related material'' means-- (A) nuclear, biological, chemical, or radiological weapons or materials or components of such weapons; (B) ballistic or cruise missile weapons or materials or components of such weapons; (C) destabilizing numbers and types of advanced conventional weapons; (D) defense articles or defense services, as those terms are defined in paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act (22 U.S.C. 2794); (E) defense information, as that term is defined in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); or (F) items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). (b) 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 appropriate committees of Congress a report on Iranian support of proxy forces in Syria and Lebanon and the threat posed to Israel, other United States regional allies, and other specified interests of the United States as a result of such support. (c) Matters for Inclusion.--The report required under subsection (b) shall include information relating to the following matters with respect to both the strategic and tactical implications for the United States and its allies: (1) A description of arms or related materiel transferred by Iran to Hizballah since March 2011, including the number of such arms or related materiel and whether such transfer was by land, sea, or air, as well as financial and additional technological capabilities transferred by Iran to Hizballah. (2) A description of Iranian and Iranian-controlled personnel, including Hizballah, Shiite militias, and Iran's Revolutionary Guard Corps forces, operating within Syria, including the number and geographic distribution of such personnel operating within 30 kilometers of the Israeli borders with Syria and Lebanon. (3) An assessment of Hizballah's operational lessons learned based on its recent experiences in Syria. (4) A description of any rocket-producing facilities in Lebanon for nonstate actors, including whether such facilities were assessed to be built at the direction of Hizballah leadership, Iranian leadership, or in consultation between Iranian leadership and Hizballah leadership. (5) An analysis of the foreign and domestic supply chains that significantly facilitate, support, or otherwise aid Hizballah's acquisition or development of missile production facilities, including the geographic distribution of such foreign and domestic supply chains. (6) An assessment of the provision of goods, services, or technology transferred by Iran or its affiliates to Hizballah to indigenously manufacture or otherwise produce missiles. (7) An identification of foreign persons that are based on credible information, facilitating the transfer of significant financial support or arms or related materiel to Hizballah. (8) A description of the threat posed to Israel and other United States allies in the Middle East by the transfer of arms or related material or other support offered to Hizballah and other proxies from Iran. (d) Form of Report.--The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex. SEC. 708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING FOREIGN MILITARY AND TERRORIST ACTIVITIES. (a) Annual Report Required.--Not later than 90 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Director of National Intelligence shall submit to Congress a report describing Iranian expenditures in the previous calendar year on military and terrorist activities outside the country, including each of the following: (1) The amount spent in such calendar year on activities by the Islamic Revolutionary Guard Corps, including activities providing support for-- (A) Hizballah; (B) Houthi rebels in Yemen; (C) Hamas; (D) proxy forces in Iraq and Syria; or [[Page S3744]] (E) any other entity or country the Director determines to be relevant. (2) The amount spent in such calendar year for ballistic missile research and testing or other activities that the Director determines are destabilizing to the Middle East region. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES AND REPORT ON ESTABLISHMENT OF FOREIGN MALIGN INFLUENCE CENTER. (a) Scope of Committee to Counter Active Measures.-- (1) In general.--Section 501 of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50 U.S.C. 3001 note) is amended-- (A) in subsections (a) through (h)-- (i) by inserting ``, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or other nation state'' after ``Russian Federation'' each place it appears; and (ii) by inserting ``, China, Iran, North Korea, or other nation state'' after ``Russia'' each place it appears; and (B) in the section heading, by inserting ``, the people's republic of china, the islamic republic of iran, the democratic people's republic of korea, or other nation state'' after ``russian federation''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 501 and inserting the following new item: ``Sec. 501. Committee to counter active measures by the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, and other nation states to exert covert influence over peoples and governments.''. (b) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with such elements of the intelligence community as the Director considers relevant, shall submit to the congressional intelligence committees a report on the feasibility and advisability of establishing a center, to be known as the ``Foreign Malign Influence Response Center'', that-- (A) is comprised of analysts from all appropriate elements of the intelligence community, including elements with related diplomatic and law enforcement functions; (B) has access to all intelligence and other reporting acquired by the United States Government on foreign efforts to influence, through overt and covert malign activities, United States political processes and elections; (C) provides comprehensive assessment, and indications and warning, of such activities; and (D) provides for enhanced dissemination of such assessment to United States policy makers. (2) Contents.--The Report required by paragraph (1) shall include the following: (A) A discussion of the desirability of the establishment of such center and any barriers to such establishment. (B) Such recommendations and other matters as the Director considers appropriate. Subtitle B--Reports SEC. 711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY. Section 11001(d) of title 5, United States Code, is amended-- (1) in the subsection heading, by striking ``Audit'' and inserting ``Review''; (2) in paragraph (1), by striking ``audit'' and inserting ``review''; and (3) in paragraph (2), by striking ``audit'' and inserting ``review''. SEC. 712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Homeland Security of the House of Representatives. (2) Homeland security intelligence enterprise.--The term ``Homeland Security Intelligence Enterprise'' has the meaning given such term in Department of Homeland Security Instruction Number 264-01-001, or successor authority. (b) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Under Secretary of Homeland Security for Intelligence and Analysis, shall submit to the appropriate committees of Congress a report on the authorities of the Under Secretary. (c) Elements.--The report required by subsection (b) shall include each of the following: (1) An analysis of whether the Under Secretary has the legal and policy authority necessary to organize and lead the Homeland Security Intelligence Enterprise, with respect to intelligence, and, if not, a description of-- (A) the obstacles to exercising the authorities of the Chief Intelligence Officer of the Department and the Homeland Security Intelligence Council, of which the Chief Intelligence Officer is the chair; and (B) the legal and policy changes necessary to effectively coordinate, organize, and lead intelligence activities of the Department of Homeland Security. (2) A description of the actions that the Secretary has taken to address the inability of the Under Secretary to require components of the Department, other than the Office of Intelligence and Analysis of the Department to-- (A) coordinate intelligence programs; and (B) integrate and standardize intelligence products produced by such other components. SEC. 713. REPORT ON CYBER EXCHANGE PROGRAM. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the potential establishment of a fully voluntary exchange program between elements of the intelligence community and private technology companies under which-- (1) an employee of an element of the intelligence community with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to a private technology company that has elected to receive the detailee; and (2) an employee of a private technology company with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to an element of the intelligence community that has elected to receive the detailee. (b) Elements.--The report under subsection (a) shall include the following: (1) An assessment of the feasibility of establishing the exchange program described in such subsection. (2) Identification of any challenges in establishing the exchange program. (3) An evaluation of the benefits to the intelligence community that would result from the exchange program. SEC. 714. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS. (a) Review of Whistleblower Matters.--The Inspector General of the Intelligence Community, in consultation with the inspectors general for the Central Intelligence Agency, the National Security Agency, the National Geospatial- Intelligence Agency, the Defense Intelligence Agency, and the National Reconnaissance Office, shall conduct a review of the authorities, policies, investigatory standards, and other practices and procedures relating to intelligence community whistleblower matters, with respect to such inspectors general. (b) Objective of Review.--The objective of the review required under subsection (a) is to identify any discrepancies, inconsistencies, or other issues, which frustrate the timely and effective reporting of intelligence community whistleblower matters to appropriate inspectors general and to the congressional intelligence committees, and the fair and expeditious investigation and resolution of such matters. (c) Conduct of Review.--The Inspector General of the Intelligence Community shall take such measures as the Inspector General determines necessary in order to ensure that the review required by subsection (a) is conducted in an independent and objective fashion. (d) Report.--Not later than 270 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 written report containing the results of the review required under subsection (a), along with recommendations to improve the timely and effective reporting of intelligence community whistleblower matters to inspectors general and to the congressional intelligence committees and the fair and expeditious investigation and resolution of such matters. SEC. 715. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH RESPECT TO CERTAIN FOREIGN INVESTMENTS. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the congressional intelligence committees a report on the role of the Director in preparing analytic materials in connection with the evaluation by the Federal Government of national security risks associated with potential foreign investments into the United States. (b) Elements.--The report under subsection (a) shall include-- (1) a description of the current process for the provision of the analytic materials described in subsection (a); (2) an identification of the most significant benefits and drawbacks of such process with respect to the role of the Director, including the sufficiency of resources and personnel to prepare such materials; and (3) recommendations to improve such process. SEC. 716. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST UNITED STATES TELECOMMUNICATIONS NETWORKS. (a) Appropriate Congressional Committees Defined.--In this section, the term [[Page S3745]] ``appropriate congressional committees'' means the following: (1) The congressional intelligence committees. (2) The Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) The Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security, submit to the appropriate congressional committees a report describing-- (1) any attempts known to the intelligence community by foreign governments to exploit cybersecurity vulnerabilities in United States telecommunications networks (including Signaling System No. 7) to target for surveillance United States persons, including employees of the Federal Government; and (2) any actions, as of the date of the enactment of this Act, taken by the intelligence community to protect agencies and personnel of the United States Government from surveillance conducted by foreign governments. SEC. 717. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS. (a) Intelligence Community Interagency Working Group.-- (1) Requirement to establish.--The Director of National Intelligence shall establish an intelligence community interagency working group to prepare the biennial reports required by subsection (b). (2) Chairperson.--The Director of National Intelligence shall serve as the chairperson of such interagency working group. (3) Membership.--Such interagency working group shall be composed of representatives of each element of the intelligence community that the Director of National Intelligence determines appropriate. (b) Biennial Report on Foreign Investment Risks.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 2 years thereafter, 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 Homeland Security of the House of Representatives a report on foreign investment risks prepared by the interagency working group established under subsection (a). (2) Elements.--Each report required by paragraph (1) shall include identification, analysis, and explanation of the following: (A) Any current or projected major threats to the national security of the United States with respect to foreign investment. (B) Any strategy used by a foreign country that such interagency working group has identified to be a country of special concern to use foreign investment to target the acquisition of critical technologies, critical materials, or critical infrastructure. (C) Any economic espionage efforts directed at the United States by a foreign country, particularly such a country of special concern. SEC. 718. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF FOREIGN DIPLOMATS. Section 502(d)(2) of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115-31) is amended by striking ``the number'' and inserting ``a best estimate''. SEC. 719. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION. (a) 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. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION. ``(a) Definitions.--In this section: ``(1) Covered official.--The term `covered official' means-- ``(A) the heads of each element of the intelligence community; and ``(B) the inspectors general with oversight responsibility for an element of the intelligence community. ``(2) Investigation.--The term `investigation' means any inquiry, whether formal or informal, into the existence of an unauthorized public disclosure of classified information. ``(3) Unauthorized disclosure of classified information.-- The term `unauthorized disclosure of classified information' means any unauthorized disclosure of classified information to any recipient. ``(4) Unauthorized public disclosure of classified information.--The term `unauthorized public disclosure of classified information' means the unauthorized disclosure of classified information to a journalist or media organization. ``(b) Intelligence Community Reporting.-- ``(1) In general.--Not less frequently than once every 6 months, each covered official shall submit to the congressional intelligence committees a report on investigations of unauthorized public disclosures of classified information. ``(2) Elements.--Each report submitted under paragraph (1) shall include, with respect to the preceding 6-month period, the following: ``(A) The number of investigations opened by the covered official regarding an unauthorized public disclosure of classified information. ``(B) The number of investigations completed by the covered official regarding an unauthorized public disclosure of classified information. ``(C) Of the number of such completed investigations identified under subparagraph (B), the number referred to the Attorney General for criminal investigation. ``(c) Department of Justice Reporting.-- ``(1) In general.--Not less frequently than once every 6 months, the Assistant Attorney General for National Security of the Department of Justice, in consultation with the Director of the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the status of each referral made to the Department of Justice from any element of the intelligence community regarding an unauthorized disclosure of classified information made during the most recent 365-day period or any referral that has not yet been closed, regardless of the date the referral was made. ``(2) Contents.--Each report submitted under paragraph (1) shall include, for each referral covered by the report, at a minimum, the following: ``(A) The date the referral was received. ``(B) A statement indicating whether the alleged unauthorized disclosure described in the referral was substantiated by the Department of Justice. ``(C) A statement indicating the highest level of classification of the information that was revealed in the unauthorized disclosure. ``(D) A statement indicating whether an open criminal investigation related to the referral is active. ``(E) A statement indicating whether any criminal charges have been filed related to the referral. ``(F) A statement indicating whether the Department of Justice has been able to attribute the unauthorized disclosure to a particular entity or individual. ``(d) Form of Reports.--Each report submitted under this section shall be submitted in unclassified form, but may have a classified annex.''. (b) Clerical Amendment.--The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 1104 the following new item: ``Sec. 1105. Semiannual reports on investigations of unauthorized disclosures of classified information.''. SEC. 720. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED INTELLIGENCE OFFICER AS PERSONA NON GRATA. (a) Covered Intelligence Officer Defined.--In this section, the term ``covered intelligence officer'' means-- (1) a United States intelligence officer serving in a post in a foreign country; or (2) a known or suspected foreign intelligence officer serving in a United States post. (b) Requirement for Reports.--Not later than 72 hours after a covered intelligence officer is designated as a persona non grata, the Director of National Intelligence, in consultation with the Secretary of State, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification of that designation. Each such notification shall include-- (1) the date of the designation; (2) the basis for the designation; and (3) a justification for the expulsion. SEC. 721. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT. (a) Definitions.--In this section: (1) Vulnerabilities equities policy and process document.-- The term ``Vulnerabilities Equities Policy and Process document'' means the executive branch document entitled ``Vulnerabilities Equities Policy and Process'' dated November 15, 2017. (2) Vulnerabilities equities process.--The term ``Vulnerabilities Equities Process'' means the interagency review of vulnerabilities, pursuant to the Vulnerabilities Equities Policy and Process document or any successor document. (3) Vulnerability.--The term ``vulnerability'' means a weakness in an information system or its components (for example, system security procedures, hardware design, and internal controls) that could be exploited or could affect confidentiality, integrity, or availability of information. (b) Reports on Process and Criteria Under Vulnerabilities Equities Policy and Process.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a written report describing-- (A) with respect to each element of the intelligence community-- (i) the title of the official or officials responsible for determining whether, pursuant [[Page S3746]] to criteria contained in the Vulnerabilities Equities Policy and Process document or any successor document, a vulnerability must be submitted for review under the Vulnerabilities Equities Process; and (ii) the process used by such element to make such determination; and (B) the roles or responsibilities of that element during a review of a vulnerability submitted to the Vulnerabilities Equities Process. (2) Changes to process or criteria.--Not later than 30 days after any significant change is made to the process and criteria used by any element of the intelligence community for determining whether to submit a vulnerability for review under the Vulnerabilities Equities Process, such element shall submit to the congressional intelligence committees a report describing such change. (3) Form of reports.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. (c) Annual Reports.-- (1) In general.--Not less frequently than once each calendar year, the Director of National Intelligence shall submit to the congressional intelligence committees a classified report containing, with respect to the previous year-- (A) the number of vulnerabilities submitted for review under the Vulnerabilities Equities Process; (B) the number of vulnerabilities described in subparagraph (A) disclosed to each vendor responsible for correcting the vulnerability, or to the public, pursuant to the Vulnerabilities Equities Process; and (C) the aggregate number, by category, of the vulnerabilities excluded from review under the Vulnerabilities Equities Process, as described in paragraph 5.4 of the Vulnerabilities Equities Policy and Process document. (2) Unclassified information.--Each report submitted under paragraph (1) shall include an unclassified appendix that contains-- (A) the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process; and (B) the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process known to have been patched. (3) Non-duplication.--The Director of National Intelligence may forgo submission of an annual report required under this subsection for a calendar year, if the Director notifies the intelligence committees in writing that, with respect to the same calendar year, an annual report required by paragraph 4.3 of the Vulnerabilities Equities Policy and Process document already has been submitted to Congress, and such annual report contains the information that would otherwise be required to be included in an annual report under this subsection. SEC. 722. INSPECTORS GENERAL REPORTS ON CLASSIFICATION. (a) Reports Required.--Not later than October 1, 2019, each Inspector General listed in subsection (b) shall submit to the congressional intelligence committees a report that includes, with respect to the department or agency of the Inspector General, analyses of the following: (1) The accuracy of the application of classification and handling markers on a representative sample of finished reports, including such reports that are compartmented. (2) Compliance with declassification procedures. (3) The effectiveness of processes for identifying topics of public or historical importance that merit prioritization for a declassification review. (b) Inspectors General Listed.--The Inspectors General listed in this subsection are as follows: (1) The Inspector General of the Intelligence Community. (2) The Inspector General of the Central Intelligence Agency. (3) The Inspector General of the National Security Agency. (4) The Inspector General of the Defense Intelligence Agency. (5) The Inspector General of the National Reconnaissance Office. (6) The Inspector General of the National Geospatial- Intelligence Agency. SEC. 723. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL SECURITY IMPLICATIONS AND BRIEFING ON EMERGING INFECTIOUS DISEASE AND PANDEMICS. (a) Reports on Global Water Insecurity and National Security Implications.-- (1) Reports required.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the implications of water insecurity on the national security interest of the United States, including consideration of social, economic, agricultural, and environmental factors. (2) Assessment scope and focus.--Each report submitted under paragraph (1) shall include an assessment of water insecurity described in such subsection with a global scope, but focus on areas of the world-- (A) of strategic, economic, or humanitarian interest to the United States-- (i) that are, as of the date of the report, at the greatest risk of instability, conflict, human insecurity, or mass displacement; or (ii) where challenges relating to water insecurity are likely to emerge and become significant during the 5-year or the 20-year period beginning on the date of the report; and (B) where challenges relating to water insecurity are likely to imperil the national security interests of the United States or allies of the United States. (3) Consultation.--In researching a report required by paragraph (1), the Director shall consult with-- (A) such stakeholders within the intelligence community, the Department of Defense, and the Department of State as the Director considers appropriate; and (B) such additional Federal agencies and persons in the private sector as the Director considers appropriate. (4) Form.--Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Briefing on Emerging Infectious Disease and Pandemics.-- (1) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and (C) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. (2) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the appropriate congressional committees a briefing on the anticipated geopolitical effects of emerging infectious disease (including deliberate, accidental, and naturally occurring infectious disease threats) and pandemics, and their implications on the national security of the United States. (3) Content.--The briefing under paragraph (2) shall include an assessment of-- (A) the economic, social, political, and security risks, costs, and impacts of emerging infectious diseases on the United States and the international political and economic system; (B) the economic, social, political, and security risks, costs, and impacts of a major transnational pandemic on the United States and the international political and economic system; and (C) contributing trends and factors to the matters assessed under subparagraphs (A) and (B). (4) Examination of response capacity.--In examining the risks, costs, and impacts of emerging infectious disease and a possible transnational pandemic under paragraph (3), the Director of National Intelligence shall also examine in the briefing under paragraph (2) the response capacity within affected countries and the international system. In considering response capacity, the Director shall include-- (A) the ability of affected nations to effectively detect and manage emerging infectious diseases and a possible transnational pandemic; (B) the role and capacity of international organizations and nongovernmental organizations to respond to emerging infectious disease and a possible pandemic, and their ability to coordinate with affected and donor nations; and (C) the effectiveness of current international frameworks, agreements, and health systems to respond to emerging infectious diseases and a possible transnational pandemic. (5) Form.--The briefing under paragraph (2) may be classified. 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. Section 311 of the Intelligence Authorization Act for Fiscal Year 2017 (50 U.S.C. 3313) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by striking subsection (a) and inserting the following: ``(a) In General.--Each year, concurrent with the annual budget request submitted by the President to Congress under section 1105 of title 31, United States Code, each head of an element of the intelligence community shall submit to the congressional intelligence committees a report that lists each memorandum of understanding or other agreement regarding significant operational activities or policy entered into during the most recently completed fiscal year between or among such element and any other entity of the United States Government. ``(b) Provision of Documents.--Each head of an element of an intelligence community who receives a request from the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a memorandum of understanding or other document listed in a report submitted by the head under subsection (a) shall submit to such committee the requested copy as soon as practicable after receiving such request.''. [[Page S3747]] SEC. 725. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED WIRELINE AND WIRELESS TELEPHONE CALLS. (a) Study Required.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall complete a study on the feasibility of encrypting unclassified wireline and wireless telephone calls between personnel in the intelligence community. (b) Report.--Not later than 90 days after the date on which the Director completes the study required by subsection (a), the Director shall submit to the congressional intelligence committees a report on the Director's findings with respect to such study. SEC. 726. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES. (a) Expansion of Period of Report.--Subsection (a) of section 114 of the National Security Act of 1947 (50 U.S.C. 3050) is amended by inserting ``and the preceding 5 fiscal years'' after ``fiscal year''. (b) Clarification on Disaggregation of Data.--Subsection (b) of such section is amended, in the matter before paragraph (1), by striking ``disaggregated data by category of covered person from each element of the intelligence community'' and inserting ``data, disaggregated by category of covered person and by element of the intelligence community,''. SEC. 727. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED PROGRAMS. (a) Sense of Congress.--It is the sense of Congress that-- (1) there should be established, through the issuing of an Intelligence Community Directive or otherwise, an intelligence community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, for employees of the intelligence community; (2) creating such a program would enhance the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions; (3) such a program, including with respect to eligibility requirements, should be designed so as to maximize the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions; and (4) to the extent possible, such a program should be uniform throughout the intelligence community and publicly promoted by each element of the intelligence community to both current employees of the element as well as to prospective employees of the element. (b) Report on Potential Intelligence Community-wide Program.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in cooperation with the heads of the elements of the intelligence community and the heads of any other appropriate department or agency of the Federal Government, shall submit to the congressional intelligence committees a report on potentially establishing and carrying out an intelligence community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, as described in subsection (a). (2) Matters included.--The report under paragraph (1) shall include, at a minimum, the following: (A) A description of the financial resources that the elements of the intelligence community would require to establish and initially carry out the program specified in paragraph (1). (B) A description of the practical steps to establish and carry out such a program. (C) The identification of any legislative action the Director determines necessary to establish and carry out such a program. (c) Annual Reports on Established Programs.-- (1) Covered programs defined.--In this subsection, the term ``covered programs'' means any loan repayment program, loan forgiveness program, financial counseling program, or similar program, established pursuant to title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other provision of law that may be administered or used by an element of the intelligence community. (2) Annual reports required.--Not less frequently than once each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the covered programs. Each such report shall include, with respect to the period covered by the report, the following: (A) The number of personnel from each element of the intelligence community who used each covered program. (B) The total amount of funds each element expended for each such program. (C) A description of the efforts made by each element to promote each covered program pursuant to both the personnel of the element of the intelligence community and to prospective personnel. SEC. 728. REPEAL OF CERTAIN REPORTING REQUIREMENTS. (a) Correcting Long-standing Material Weaknesses.--Section 368 of the Intelligence Authorization Act for Fiscal Year 2010 (Public Law 110-259; 50 U.S.C. 3051 note) is hereby repealed. (b) Interagency Threat Assessment and Coordination Group.-- Section 210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended-- (1) by striking subsection (c); and (2) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively; and (3) in subsection (c), as so redesignated-- (A) in paragraph (8), by striking ``; and'' and inserting a period; and (B) by striking paragraph (9). (c) Inspector General Report.--Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by striking subsection (g); and (2) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. SEC. 729. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (a) Senior Executive Service Position Defined.--In this section, the term ``Senior Executive Service position'' has the meaning given that term in section 3132(a)(2) of title 5, United States Code, and includes any position above the GS- 15, step 10, level of the General Schedule under section 5332 of such title. (b) Report.--Not later than 90 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 report on the number of Senior Executive Service positions in the Office of the Director of National Intelligence. (c) Matters Included.--The report under subsection (b) shall include the following: (1) The number of required Senior Executive Service positions for the Office of the Director of National Intelligence. (2) Whether such requirements are reasonably based on the mission of the Office. (3) A discussion of how the number of the Senior Executive Service positions in the Office compare to the number of senior positions at comparable organizations. (d) Cooperation.--The Director of National Intelligence shall provide to the Inspector General of the Intelligence Community any information requested by the Inspector General of the Intelligence Community that is necessary to carry out this section by not later than 14 calendar days after the date on which the Inspector General of the Intelligence Community makes such request. SEC. 730. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION OFFERING PERMANENT RESIDENCE TO SOURCES AND COOPERATORS. Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees a briefing on the ability of the Federal Bureau of Investigation to offer, as an inducement to assisting the Bureau, permanent residence within the United States to foreign individuals who are sources or cooperators in counterintelligence or other national security-related investigations. The briefing shall address the following: (1) The extent to which the Bureau may make such offers, whether independently or in conjunction with other agencies and departments of the United States Government, including a discussion of the authorities provided by section 101(a)(15)(S) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)), section 7 of the Central Intelligence Agency Act (50 U.S.C. 3508), and any other provision of law under which the Bureau may make such offers. (2) An overview of the policies and operational practices of the Bureau with respect to making such offers. (3) The sufficiency of such policies and practices with respect to inducing individuals to cooperate with, serve as sources for such investigations, or both. (4) Whether the Director recommends any legislative actions to improve such policies and practices, particularly with respect to the counterintelligence efforts of the Bureau. SEC. 731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES. (a) Assessment Required.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Assistant Secretary of State for Intelligence and Research and the Assistant Secretary of the Treasury for Intelligence and Analysis, shall produce an intelligence assessment of the revenue sources of the North Korean regime. Such assessment shall include revenue from the following sources: (1) Trade in coal, iron, and iron ore. (2) The provision of fishing rights to North Korean territorial waters. (3) Trade in gold, titanium ore, vanadium ore, copper, silver, nickel, zinc, or rare earth minerals, and other stores of value. (4) Trade in textiles. (5) Sales of conventional defense articles and services. (6) Sales of controlled goods, ballistic missiles, and other associated items. (7) Other types of manufacturing for export, as the Director of National Intelligence considers appropriate. (8) The exportation of workers from North Korea in a manner intended to generate significant revenue, directly or indirectly, for use by the government of North Korea. (9) The provision of nonhumanitarian goods (such as food, medicine, and medical devices) and services by other countries. [[Page S3748]] (10) The provision of services, including banking and other support, including by entities located in the Russian Federation, China, and Iran. (11) Online commercial activities of the Government of North Korea, including online gambling. (12) Criminal activities, including cyber-enabled crime and counterfeit goods. (b) Elements.--The assessment required under subsection (a) shall include an identification of each of the following: (1) The sources of North Korea's funding. (2) Financial and non-financial networks, including supply chain management, transportation, and facilitation, through which North Korea accesses the United States and international financial systems and repatriates and exports capital, goods, and services; and (3) the global financial institutions, money services business, and payment systems that assist North Korea with financial transactions. (c) Submittal to Congress.--Upon completion of the assessment required under subsection (a), the Director of National Intelligence shall submit to the congressional intelligence committees a copy of such assessment. SEC. 732. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY TERRORIST ACTORS. (a) Short Title.--This section may be cited as the ``Stop Terrorist Use of Virtual Currencies Act''. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of the Treasury, shall submit to Congress a report on the possible exploitation of virtual currencies by terrorist actors. Such report shall include the following elements: (1) An assessment of the means and methods by which international terrorist organizations and State sponsors of terrorism use virtual currencies. (2) An assessment of the use by terrorist organizations and State sponsors of terrorism of virtual currencies compared to the use by such organizations and States of other forms of financing to support operations, including an assessment of the collection posture of the intelligence community on the use of virtual currencies by such organizations and States. (3) A description of any existing legal impediments that inhibit or prevent the intelligence community from collecting information on or helping prevent the use of virtual currencies by international terrorist organizations and State sponsors of terrorism and an identification of any gaps in existing law that could be exploited for illicit funding by such organizations and States. (c) Form of Report.--The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. Subtitle C--Other Matters SEC. 741. PUBLIC INTEREST DECLASSIFICATION BOARD. Section 710(b) of the Public Interest Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking ``December 31, 2018'' and inserting ``December 31, 2028''. SEC. 742. SECURING ENERGY INFRASTRUCTURE. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate; and (C) the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives. (2) Covered entity.--The term ``covered entity'' means an entity identified pursuant to section 9(a) of Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security. (3) Exploit.--The term ``exploit'' means a software tool designed to take advantage of a security vulnerability. (4) Industrial control system.--The term ``industrial control system'' means an operational technology used to measure, control, or manage industrial functions, and includes supervisory control and data acquisition systems, distributed control systems, and programmable logic or embedded controllers. (5) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (6) Program.--The term ``Program'' means the pilot program established under subsection (b). (7) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Energy. (8) Security vulnerability.--The term ``security vulnerability'' means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control. (b) Pilot Program for Securing Energy Infrastructure.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a 2-year control systems implementation pilot program within the National Laboratories for the purposes of-- (1) partnering with covered entities in the energy sector (including critical component manufacturers in the supply chain) that voluntarily participate in the Program to identify new classes of security vulnerabilities of the covered entities; and (2) evaluating technology and standards, in partnership with covered entities, to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities, including-- (A) analog and nondigital control systems; (B) purpose-built control systems; and (C) physical controls. (c) Working Group to Evaluate Program Standards and Develop Strategy.-- (1) Establishment.--The Secretary shall establish a working group-- (A) to evaluate the technology and standards used in the Program under subsection (b)(2); and (B) to develop a national cyber-informed engineering strategy to isolate and defend covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities. (2) Membership.--The working group established under paragraph (1) shall be composed of not fewer than 10 members, to be appointed by the Secretary, at least 1 member of which shall represent each of the following: (A) The Department of Energy. (B) The energy industry, including electric utilities and manufacturers recommended by the Energy Sector coordinating councils. (C)(i) The Department of Homeland Security; or (ii) the Industrial Control Systems Cyber Emergency Response Team. (D) The North American Electric Reliability Corporation. (E) The Nuclear Regulatory Commission. (F)(i) The Office of the Director of National Intelligence; or (ii) the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). (G)(i) The Department of Defense; or (ii) the Assistant Secretary of Defense for Homeland Security and America's Security Affairs. (H) A State or regional energy agency. (I) A national research body or academic institution. (J) The National Laboratories. (d) Reports on the Program.-- (1) Interim report.--Not later than 180 days after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate congressional committees an interim report that-- (A) describes the results of the Program; (B) includes an analysis of the feasibility of each method studied under the Program; and (C) describes the results of the evaluations conducted by the working group established under subsection (c)(1). (2) Final report.--Not later than 2 years after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate congressional committees a final report that-- (A) describes the results of the Program; (B) includes an analysis of the feasibility of each method studied under the Program; and (C) describes the results of the evaluations conducted by the working group established under subsection (c)(1). (e) Exemption From Disclosure.--Information shared by or with the Federal Government or a State, Tribal, or local government under this section-- (1) shall be deemed to be voluntarily shared information; (2) shall be exempt from disclosure under section 552 of title 5, United States Code, or any provision of any State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records; and (3) shall be withheld from the public, without discretion, under section 552(b)(3) of title 5, United States Code, and any provision of any State, Tribal, or local law requiring the disclosure of information or records. (f) Protection From Liability.-- (1) In general.--A cause of action against a covered entity for engaging in the voluntary activities authorized under subsection (b)-- (A) shall not lie or be maintained in any court; and (B) shall be promptly dismissed by the applicable court. (2) Voluntary activities.--Nothing in this section subjects any covered entity to liability for not engaging in the voluntary activities authorized under subsection (b). (g) No New Regulatory Authority for Federal Agencies.-- Nothing in this section authorizes the Secretary or the head of any other department or agency of the Federal Government to issue new regulations. (h) Authorization of Appropriations.-- (1) Pilot program.--There is authorized to be appropriated $10,000,000 to carry out subsection (b). (2) Working group and report.--There is authorized to be appropriated $1,500,000 to carry out subsections (c) and (d). (3) Availability.--Amounts made available under paragraphs (1) and (2) shall remain available until expended. [[Page S3749]] SEC. 743. BUG BOUNTY PROGRAMS. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the congressional intelligence committees; (B) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. (2) Bug bounty program.--The term ``bug bounty program'' means a program under which an approved computer security specialist or security researcher is temporarily authorized to identify and report vulnerabilities within the information system of an agency or department of the United States in exchange for compensation. (3) Information system.--The term ``information system'' has the meaning given that term in section 3502 of title 44, United States Code. (b) Bug Bounty Program Plan.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to appropriate committees of Congress a strategic plan for appropriate agencies and departments of the United States to implement bug bounty programs. (2) Contents.--The plan required by paragraph (1) shall include-- (A) an assessment of-- (i) the ``Hack the Pentagon'' pilot program carried out by the Department of Defense in 2016 and subsequent bug bounty programs in identifying and reporting vulnerabilities within the information systems of the Department of Defense; and (ii) private sector bug bounty programs, including such programs implemented by leading technology companies in the United States; and (B) recommendations on the feasibility of initiating bug bounty programs at appropriate agencies and departments of the United States. SEC. 744. MODIFICATION OF AUTHORITIES RELATING TO THE NATIONAL INTELLIGENCE UNIVERSITY. (a) Civilian Faculty Members; Employment and Compensation.-- (1) In general.--Section 1595(c) of title 10, United States Code, is amended by adding at the end the following: ``(5) The National Intelligence University.''. (2) Compensation plan.--The Secretary of Defense shall provide each person employed as a full-time professor, instructor, or lecturer at the National Intelligence University on the date of the enactment of this Act an opportunity to elect to be paid under the compensation plan in effect on the day before the date of the enactment of this Act (with no reduction in pay) or under the authority of section 1595 of title 10, United States Code, as amended by paragraph (1). (b) Acceptance of Faculty Research Grants.--Section 2161 of such title is amended by adding at the end the following: ``(d) Acceptance of Faculty Research Grants.--The Secretary of Defense may authorize the President of the National Intelligence University to accept qualifying research grants in the same manner and to the same degree as the President of the National Defense University under section 2165(e) of this title.''. (c) Pilot Program on Admission of Private Sector Civilians to Receive Instruction.-- (1) Pilot program required.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a pilot program to assess the feasability and advisability of permitting eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Intelligence University. (B) Duration.--The Secretary shall carry out the pilot program during the 3-year period beginning on the date of the commencement of the pilot program. (C) Existing program.--The Secretary shall carry out the pilot program in a manner that is consistent with section 2167 of title 10, United States Code. (D) Number of participants.--No more than the equivalent of 35 full-time student positions may be filled at any one time by private sector employees enrolled under the pilot program. (E) Diplomas and degrees.--Upon successful completion of the course of instruction in which enrolled, any such private sector employee may be awarded an appropriate diploma or degree under section 2161 of title 10, United States Code. (2) Eligible private sector employees.-- (A) In general.--For purposes of this subsection, an eligible private sector employee is an individual employed by a private firm that is engaged in providing to the Department of Defense, the intelligence community, or other Government departments or agencies significant and substantial intelligence or defense-related systems, products, or services or whose work product is relevant to national security policy or strategy. (B) Limitation.--Under this subsection, a private sector employee admitted for instruction at the National Intelligence University remains eligible for such instruction only so long as that person remains employed by the same firm, holds appropriate security clearances, and complies with any other applicable security protocols. (3) Annual certification by secretary of defense.--Under the pilot program, private sector employees may receive instruction at the National Intelligence University during any academic year only if, before the start of that academic year, the Secretary of Defense determines, and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under this section during that year will further the national security interests of the United States. (4) Pilot program requirements.--The Secretary of Defense shall ensure that-- (A) the curriculum in which private sector employees may be enrolled under the pilot program is not readily available through other schools and concentrates on national security- relevant issues; and (B) the course offerings at the National Intelligence University are determined by the needs of the Department of Defense and the intelligence community. (5) Tuition.--The President of the National Intelligence University shall charge students enrolled under the pilot program a rate that-- (A) is at least the rate charged for employees of the United States outside the Department of Defense, less infrastructure costs; and (B) considers the value to the school and course of the private sector student. (6) Standards of conduct.--While receiving instruction at the National Intelligence University, students enrolled under the pilot program, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the university. (7) Use of funds.-- (A) In general.--Amounts received by the National Intelligence University for instruction of students enrolled under the pilot program shall be retained by the university to defray the costs of such instruction. (B) Records.--The source, and the disposition, of such funds shall be specifically identified in records of the university. (8) Reports.-- (A) Annual reports.--Each academic year in which the pilot program is carried out, the Secretary shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the number of eligible private sector employees participating in the pilot program. (B) Final report.--Not later than 90 days after the date of the conclusion of the pilot program, the Secretary shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. Such report shall include-- (i) the findings of the Secretary with respect to the feasability and advisability of permitting eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Intelligence University; and (ii) a recommendation as to whether the pilot program should be extended. SEC. 745. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947. (a) Table of Contents.--The table of contents at the beginning of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended-- (1) by inserting after the item relating to section 2 the following new item: ``Sec. 3. Definitions.''; (2) by striking the item relating to section 107; (3) by striking the item relating to section 113B and inserting the following new item: ``Sec. 113B. Special pay authority for science, technology, engineering, or mathematics positions.''; (4) by striking the items relating to sections 202, 203, 204, 208, 209, 210, 211, 212, 213, and 214; and (5) by inserting after the item relating to section 311 the following new item: ``Sec. 312. Repealing and saving provisions.''. (b) Other Technical Corrections.--Such Act is further amended-- (1) in section 102A-- (A) in subparagraph (G) of paragraph (1) of subsection (g), by moving the margins of such subparagraph 2 ems to the left; and (B) in paragraph (3) of subsection (v), by moving the margins of such paragraph 2 ems to the left; (2) in section 106-- (A) by inserting ``sec. 106'' before ``(a)''; and (B) in subparagraph (I) of paragraph (2) of subsection (b), by moving the margins of such subparagraph 2 ems to the left; (3) by striking section 107; (4) in section 108(c), by striking ``in both a classified and an unclassified form'' and inserting ``to Congress in classified form, but may include an unclassified summary''; (5) in section 112(c)(1), by striking ``section 103(c)(7)'' and inserting ``section 102A(i)''; (6) by amending section 201 to read as follows: [[Page S3750]] ``SEC. 201. DEPARTMENT OF DEFENSE. ``Except to the extent inconsistent with the provisions of this Act or other provisions of law, the provisions of title 5, United States Code, shall be applicable to the Department of Defense.''; (7) in section 205, by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; (8) in section 206, by striking ``(a)''; (9) in section 207, by striking ``(c)''; (10) in section 308(a), by striking ``this Act'' and inserting ``sections 2, 101, 102, 103, and 303 of this Act''; (11) by redesignating section 411 as section 312; (12) in section 503-- (A) in paragraph (5) of subsection (c)-- (i) by moving the margins of such paragraph 2 ems to the left; and (ii) by moving the margins of subparagraph (B) of such paragraph 2 ems to the left; and (B) in paragraph (2) of subsection (d), by moving the margins of such paragraph 2 ems to the left; and (13) in subparagraph (B) of paragraph (3) of subsection (a) of section 504, by moving the margins of such subparagraph 2 ems to the right. SEC. 746. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY. (a) National Nuclear Security Administration Act.--Section 3233(b) of the National Nuclear Security Administration Act (50 U.S.C. 2423(b)) is amended-- (1) by striking ``Administration'' and inserting ``Department''; and (2) by inserting ``Intelligence and'' after ``the Office of''. (b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting ``Intelligence and'' after ``The Director of''. (c) National Security Act of 1947.--Paragraph (2) of section 106(b) of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is amended-- (1) in subparagraph (E), by inserting ``and Counterintelligence'' after ``Office of Intelligence''; (2) by striking subparagraph (F); (3) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), (G), and (H), respectively; and (4) in subparagraph (H), as so redesignated, by realigning the margin of such subparagraph 2 ems to the left. SEC. 747. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF CLASSIFIED INFORMATION. (a) Definitions.--In this section: (1) Adversary foreign government.--The term ``adversary foreign government'' means the government of any of the following foreign countries: (A) North Korea. (B) Iran. (C) China. (D) Russia. (E) Cuba. (2) Covered classified information.--The term ``covered classified information'' means classified information that was-- (A) collected by an element of the intelligence community; or (B) provided by the intelligence service or military of a foreign country to an element of the intelligence community. (3) Established intelligence channels.--The term ``established intelligence channels'' means methods to exchange intelligence to coordinate foreign intelligence relationships, as established pursuant to law by the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, or other head of an element of the intelligence community. (4) Individual in the executive branch.--The term ``individual in the executive branch'' means any officer or employee of the executive branch, including individuals-- (A) occupying a position specified in article II of the Constitution; (B) appointed to a position by an individual described in subparagraph (A); or (C) serving in the civil service or the Senior Executive Service (or similar service for senior executives of particular departments or agencies). (b) Findings.--Congress finds that section 502 of the National Security Act of 1947 (50 U.S.C. 3092) requires elements of the intelligence community to keep the congressional intelligence committees ``fully and currently informed'' about all ``intelligence activities'' of the United States, and to ``furnish to the congressional intelligence committees any information or material concerning intelligence activities * * * which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.''. (c) Sense of Congress.--It is the sense of Congress that-- (1) section 502 of the National Security Act of 1947 (50 U.S.C. 3092), together with other intelligence community authorities, obligates an element of the intelligence community to submit to the congressional intelligence committees written notification, by not later than 7 days after becoming aware, that an individual in the executive branch has disclosed covered classified information to an official of an adversary foreign government using methods other than established intelligence channels; and (2) each such notification should include-- (A) the date and place of the disclosure of classified information covered by the notification; (B) a description of such classified information; (C) identification of the individual who made such disclosure and the individual to whom such disclosure was made; and (D) a summary of the circumstances of such disclosure. 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. It is the sense of the Congress that the Secretary of State, in considering whether or not to provide a visa to a foreign individual to be accredited to a United Nations mission in the United States, should consider-- (1) known and suspected intelligence activities, espionage activities, including activities constituting precursors to espionage, carried out by the individual against the United States, foreign allies of the United States, or foreign partners of the United States; and (2) the status of an individual as a known or suspected intelligence officer for a foreign adversary. SEC. 749. SENSE OF CONGRESS ON WIKILEAKS. It is the sense of Congress that WikiLeaks and the senior leadership of WikiLeaks resemble a nonstate hostile intelligence service often abetted by state actors and should be treated as such a service by the United States. ______ SA 715. 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: In section 1023, strike ``for Fiscal Year 2018'' and insert ``for Fiscal Year 2019''. ______ SA 716. 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 division C, add the following: TITLE XXXVI--PROTECT OUR UNIVERSITIES SEC. 3601. SHORT TITLE. This title may be cited as the ``Protect Our Universities Act of 2019''. SEC. 3602. FINDINGS. Congress finds the following: (1) The United States enjoys one of the most vibrant and open education systems in the world. The free flow of ideas has led to the development of innovative technologies and new modes of thinking. The openness of the system also puts it at risk. Adversaries of the United States take advantage of access to federally funded sensitive research that takes place on the campuses of institutions of higher education. (2) According to Alex Joske of the Australian Strategic Policy Institute, there are thousands of scientists with links to China's People's Liberation Army who have traveled to American universities over the last several years. In his report, Joske described the Chinese military's tactic as ``picking flowers in foreign lands to make honey in China''. (3) As stated in the January 2018 China's Technology Transfer Strategy report by the Defense Innovation Unit, ``Academia is an opportune environment for learning about science and technology since the cultural values of U.S. educational institutions reflect an open and free exchange of ideas. As a result, Chinese science and engineering students frequently master technologies that later become critical to key military systems, amounting over time to unintentional violations of U.S. export control laws.''. (4) In Federal Bureau of Investigation (FBI) Director Wray's view, Chinese nontraditional intelligence collectors ``are exploiting the very open research and development environment that we have, which we all revere. But they're taking advantage of it, so one of the things we're trying to do is view the China threat as not just the whole-of- government threat, but a whole-of-society threat on their end, and I think it's going to take a whole-of-society response by us.''. (5) Russia has also attempted to exploit the openness of our university system for intelligence purposes. In 2012, for instance, the Russian Foreign Intelligence Service (SVR) tasked an undercover officer at Columbia University with recruiting classmates or professors who might have access to sensitive information. (6) Iran poses a similar threat. In 2012, President Barack Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112-158), which prohibited issuance of a student visa to any Iranian who wished to pursue coursework in preparation for a career in the Iranian energy, nuclear science, or nuclear engineering sectors, or related fields. [[Page S3751]] (7) The United States recognizes the great value of appropriate openness and the security need of striking a balance with asset protection. (8) However, technology and information that could be deemed sensitive to the national security interests of the United States should be given increased scrutiny to determine if access should be restricted in a research environment. (9) An open federally funded research environment exposes the United States to the possibility of exchanging research affiliated with current or future critical military technological systems. (10) This title preserves the openness of America's higher education system, while preventing adversaries from exploiting that very system in furtherance of their own repressive agendas. SEC. 3603. TASK FORCE AND SENSITIVE RESEARCH PROJECT DESIGNATION. (a) Task Force Established.--Not later than one year after the date of enactment of this title, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall establish the National Security Technology Task Force (hereinafter referred to as the ``Task Force'') to address the threat of espionage, targeting research and development at institutions of higher education that is funded in part or whole by any member agency of the Task Force. (b) Membership.-- (1) Designation.-- (A) Participation.--The Task Force shall include not more than 30 members as follows: (i) At least 1 representative shall be from the Department of Homeland Security, designated by the Secretary of Homeland Security. (ii) The Secretary of Homeland Security shall coordinate with the following in order to secure their participation on the Task Force: (I) The Director of National Intelligence for at least 1 representative from the intelligence community. (II) The United States Attorney General for at least 1 representative from the Department of Justice. (III) The Director of the Federal Bureau of Investigation for at least 1 representative from the Federal Bureau of Investigation. (IV) The Secretary of Energy for at least 1 representative from the Department of Energy. (V) The Secretary of Education for at least 1 representative from each of the following offices of the Department of Education: (aa) The Office of Postsecondary Education. (bb) The Office of the General Counsel. (cc) Any other office the Secretary of Homeland Security determines to be appropriate. (VI) The Secretary of State for at least 1 representative from the Department of State. (VII) The Secretary of Defense for at least 1 representative from the Department of Defense. (VIII) The Director of the National Institutes of Health for at least 1 representative from the National Institutes of Health. (IX) The Director of the Office of Science and Technology Policy. (B) Equal representation.--Each agency represented on the Task Force shall maintain equal representation with the other agencies on the Task Force. (2) Membership list.--Not later than 10 days after the first meeting of the Task Force, the Task Force shall submit to Congress a list identifying each member agency of the Task Force. (c) Sensitive Research Topics List.--The Task Force shall maintain a list of topics determined sensitive by one or more Task Force member agencies. Such list shall be referred to as the ``Sensitive Research Topics List'' and be populated and maintained in accordance with the following: (1) Not later than 90 days after the date of enactment of this title, each Task Force member agency shall generate an initial list of research topics determined sensitive for national security reasons and submit such list to the Office of the Director of National Intelligence. (2) Each Task Force member agency shall update their respective list of sensitive research topics on a 6-month basis and submit changes to the Office of the Director of National Intelligence. (3) Task Force member agency inputs described in paragraphs (1) and (2) shall be added to-- (A) any item listed on the Commerce Control List (CCL) maintained by the Department of Commerce; and (B) any item listed on the United States Munitions List maintained by the Department of State. (4) Not later than 90 days after receipt of Task Force member agency inputs described in paragraphs (1) and (2), the Office of the Director of National Intelligence shall compile the inputs and issue the first Sensitive Research Topics List to all Task Force member agencies. Thereafter, the Office of Directory of National Intelligence shall maintain an updated list of the research topics based on Task Force member agency inputs and any changes to the Commerce Control List and the United States Munitions List, and ensure an updated version of the Sensitive Research Topic Lists is available to all of the Task Force member agencies. (d) Sensitive Research Projects List.--The Task Force shall maintain a list of projects funded by Task Force member agencies and addressing sensitive research topics. Such list shall be referred to as the ``Sensitive Research Projects List'' and be populated and maintained in accordance with the following: (1) Not later than 90 days after the first issuance of the Sensitive Research Topics List, each Task Force member agency shall identify any ongoing or scheduled projects that-- (A) receive or are scheduled to receive funding from said agency; (B) involve personnel from an institution of higher education; and (C) address one or more topics found on the Sensitive Research Topics List. (2) The Task Force shall collect the following information relevant to each project identified in paragraph (1): (A) The Task Force member agency that is funding the project. (B) Which topic on the Sensitive Research Topics List is addressed by the project. (C) Contact information for the principal investigator on the project. (3) The Task Force shall submit the Sensitive Research Projects List, with the required information, to the Office of the Director of National Intelligence, who shall maintain the Sensitive Research Projects List (4) The Sensitive Research Projects List shall be updated in response to any changes to the Sensitive Research Topics List, and-- (A) the Office of the Director of National Intelligence shall issue notification to all Task Force member agencies of any changes to the Sensitive Research Topics List resulting from updated inputs from Task Force member agencies or the Commerce Control Lists or United States Munitions List; and (B) each Task Force member agency shall-- (i) reinitiate the process detailed in paragraph (1); and (ii) provide an update list of agency-funded sensitive research projects to the Office of the Director of National Intelligence. (e) Consultation With OIG.--The Task Force shall periodically, but not less frequently than annually, consult with the Office of the Inspector General of the Department of Homeland Security, which shall include annual reports to the Office of the Inspector General on the activities of the Task Force, with an opportunity for the Office of the Inspector General to provide active feedback related to such activities. (f) Instruction to Institutions of Higher Education.--Not less frequently than annually, the Task Force shall provide relevant instruction to institutions of higher education at which research projects on the Sensitive Research Projects List are being carried out. Such instruction shall provide the institutions of higher education with information related to the threat posed by espionage, best practices identified by the Task Force, and, to the extent possible, any specific risks that the intelligence community, the qualified funding agency, or law enforcement entities determine appropriate to share with the institutions. (g) Report to Congress.--Not later than one year after the date of enactment of this title, and every 6 months thereafter, the Task Force shall provide a report to the Committee on Homeland Security and Governmental Affairs, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate and to the Committee on Homeland Security, the Committee on Education and Labor, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives, regarding the threat of espionage at institutions of higher education. In each such briefing, the Task Force shall identify actions that may be taken to reduce espionage carried out through student participation in sensitive research projects. The Task Force shall also include in this report an assessment of whether the current licensing regulations relating to the International Traffic in Arms Regulations and the Export Administration Regulations are sufficient to protect the security of the projects listed on the Sensitive Research Projects List. SEC. 3604. FOREIGN STUDENT PARTICIPATION IN SENSITIVE RESEARCH PROJECTS. (a) Approval of Foreign Student Participation Required.-- (1) In general.--Beginning on the date that is one year after the date of enactment of this title, for each project on the Sensitive Research Projects List that is open to student participation, the head of such project at the institution of higher education at which the project is being carried out shall-- (A) obtain proof of citizenship from any student participating or expected to participate in such project before the student is permitted to participate in such project; and (B) for any student who is a citizen of a country identified in subsection (b), submit the required information, to be defined in coordination with the office designated by the Task Force to perform the background screening, to their grantmaking agency, who shall transmit that information in a standardized format, to be stipulated in coordination with the office designated by the Task Force to perform the background screening, to the office designated by the Task Force to perform the background screening. (2) Background screening.--An office designated by the Task Force shall perform a [[Page S3752]] background screening of a student described in paragraph (1) and approve or deny the student's participation in the relevant project within 90 days of initial receipt of the information described in paragraph (1)(B), and-- (A) the scope of any such screening shall be determined by the designated office in consultation with the Task Force, with reference to the specific project and the requirements of the grantmaking agency; (B) the Secretary of Homeland Security, as head of the Task Force, shall retain authority to delay approval or denial of a student's participation in a sensitive research project in 30-day increments, as needed in coordination with Task Force member agencies; and (C) institutions of higher education shall maintain the right to petition findings and contest the outcome of a screening. (b) List of Citizenship Requiring Approval.--Approval under subsection (a) shall be required for any student who is a citizen of a country that is one of the following: (1) The People's Republic of China. (2) The Russian Federation. (3) The Islamic Republic of Iran. SEC. 3605. FOREIGN ENTITIES. (a) List of Foreign Entities That Pose an Intelligence Threat.--Not later than one year after the date of the enactment of this title, the Secretary of Homeland Security shall coordinate with the Director of National Intelligence to identify foreign entities, including governments, corporations, nonprofit and for-profit organizations, and any subsidiary or affiliate of such an entity, that the Director determines pose a threat of espionage with respect to sensitive research projects, and shall develop and maintain a list of such entities. The Director may add or remove entities from such list at any time. The initial list developed by the Director shall include the following entities (including any subsidiary or affiliate): (1) Huawei Technologies Company. (2) ZTE Corporation. (3) Hytera Communications Corporation. (4) Hangzhou Hikvision Digital Technology Company. (5) Dahua Technology Company. (6) Kaspersky Lab. (7) Any entity that is owned or controlled by, or otherwise has demonstrated financial ties to, the government of a country identified under section 3604(b). (b) Notice to Institutions of Higher Education.--The Secretary of Homeland Security shall make the initial list required under subsection (a) in coordination with the Director of National Intelligence, and any changes to such list, available to the Task Force and the head of each qualified funding agency as soon as practicable. The Secretary of Homeland Security shall provide such initial list and subsequent amendments to each institution of higher education at which a project on the Sensitive Research Projects List is being carried out. (c) Prohibition on Use of Certain Technologies.--Beginning on the date that is one year after the date of the enactment of this title, the head of each sensitive research project shall, as a condition of receipt of funds from the Department of Homeland Security, certify to the Secretary of Homeland Security, beginning on the date that is 2 years after the date of the enactment of this title, any technology developed by an entity included on the list maintained under subsection (a) shall not be utilized in carrying out the sensitive research project. SEC. 3606. ENFORCEMENT. The Secretary of Homeland Security shall take such steps as may be necessary to enforce the provisions of sections 3604 and 3605 of this title. Upon determination that the head of a sensitive research project has failed to meet the requirements of either section 3604 or section 3605, the Secretary of Homeland Security may determine the appropriate enforcement action, including-- (1) imposing a probationary period, not to exceed 6 months, on the head of such project, or on the project; (2) reducing or otherwise limiting the funding for such project until the violation has been remedied; (3) permanently cancelling the funding for such project; or (4) any other action the head of the qualified funding agency determines to be appropriate. SEC. 3607. DEFINITIONS. In this title: (1) Citizen of a country.--The term ``citizen of a country,'' with respect to a student, includes all countries in which the student has held or holds citizenship or holds permanent residency. (2) Institution of higher education.--The term ``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. (3) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (4) Qualified funding agency.--The term ``qualified funding agency'', with respect to a sensitive research project, means-- (A) the Department of Defense, if the sensitive research project is funded in whole or in part by the Department of Defense; (B) the Department of Energy, if the sensitive research project is funded in whole or in part by the Department of Energy; or (C) an element of the intelligence community, if the sensitive research project is funded in whole or in part by the element of the intelligence community. (5) Sensitive research project.--The term ``sensitive research project'' means a research project at an institution of higher education that is funded by a Task Force member agency, except that such term shall not include any research project that is classified or that requires the participants in such project to obtain a security clearance. (6) Student participation.--The term ``student participation'' means any student activity of a student with access to sensitive research project-specific information for any reason. ______ SA 717. Mr. THUNE 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 IV, add the following: SEC. 402. EXCLUSION FROM ACTIVE-DUTY PERSONNEL END STRENGTH LIMITATIONS OF CERTAIN MILITARY PERSONNEL ASSIGNED FOR DUTY IN CONNECTION WITH THE FOREIGN MILITARY SALES PROGRAM. (a) Exclusion.--Except as provided in subsection (c), members of the Armed Forces on active duty who are assigned to an entity specified in subsection (b) for duty in connection with the Foreign Military Sales (FMS) program shall not count toward any end strength limitation for active-duty personnel otherwise applicable to members of the Armed Forces on active duty. (b) Specified Entities.--The entities specified in this subsection are the following: (1) The military departments. (2) The Defense Security Cooperation Agency. (3) The combatant commands. (c) Inapplicability to General and Flag Officers.-- Subsection (a) shall not apply with respect to any general or flag officer assigned as described in that subsection. ______ SA 718. Mr. THUNE 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. TRANSFER OF EXCESS AIR FORCE MQ-1 PREDATOR REMOTELY PILOTED AIRCRAFT AND RELATED EQUIPMENT TO DEPARTMENT OF HOMELAND SECURITY FOR U.S. CUSTOMS AND BORDER PATROL PURPOSES. (a) Offer of First Refusal Outside DoD.-- (1) In general.--Upon a determination that aircraft or equipment specified in subsection (b) is also excess to the requirements of all components of the Department of Defense, the Secretary of the Air Force shall offer to the Secretary of Homeland Security to transfer such aircraft or equipment to the Secretary of Homeland Security for use by U.S. Customs and Border Patrol. (2) Timing of offer.--Any offer under this subsection for aircraft or equipment shall be made before such aircraft or equipment is otherwise disposed of outside the Department of Defense. (b) Aircraft and Equipment.--The aircraft and equipment specified in this subsection is the following: (1) Retired MQ-1 Predator remotely piloted aircraft of the Air Force that are excess to Department of the Air Force requirements. (2) Initial spare MQ-1 Predator remotely pilot aircraft of the Air Force that are excess to such requirements. (3) Ground support equipment of the Air Force for MQ-1 Predator remotely piloted aircraft that is excess to such requirements. (c) Transfer.--If the Secretary of Homeland Security accepts an offer under subsection (a), the Secretary of the Air Force shall transfer the aircraft or equipment concerned to the Secretary of Homeland Security. The cost of any aircraft or equipment so transferred, and the cost of transfer, shall be borne by the Secretary of Homeland Security. (d) Demilitarization.--Any aircraft or equipment transferred under this section shall be demilitarized before transfer. The cost of demilitarization shall be borne by the Secretary of the Air Force. (e) Use of Transferred Aircraft and Equipment.--Any aircraft or equipment transferred to the Secretary of Homeland Security pursuant to this section shall be used by the Commissioner of U.S. Customs and Border Patrol for border security, enforcement of the immigration laws, and related purposes. ______ SA 719. 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 [[Page S3753]] of Defense, for military construction, and for defense activities of the Department of 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 1233, strike ``Subsection (a)'' and insert ``Section 1232(a)''. ______ SA 720. Mr. PAUL (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: At the end of title XV, add the following: Subtitle C--Withdrawal of Armed Forces From Afghanistan SEC. 1531. FINDINGS. Congress makes the following findings: (1) The Joint Resolution to authorize the use of United States Armed Forces against those responsible for the attacks launched against the United States (Public Law 107-40) states, ``That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001''. (2) Since 2001, more than 3,002,635 men and women of the United States Armed Forces have deployed in support of the Global War on Terrorism, with more than 1,400,000 of them deploying more than once, and these Americans who volunteered in a time of war have served their country honorably and with distinction. (3) In November 2009 there were fewer than 100 Al-Qaeda members remaining in Afghanistan. (4) On May 2, 2011, Osama Bin Laden, the founder of Al- Qaeda, was killed by United States Armed Forces in Pakistan. (5) United States Armed Forces have successfully routed Al- Qaeda from the battlefield in Afghanistan, thus fulfilling the original intent of Public Law 107-40 and the justification for the invasion of Afghanistan, but public support for United States continued presence in Afghanistan has waned in recent years. (6) An October 2018 poll found that 57 percent of Americans, including 69 percent of United States veterans, believe that all United States troops should be removed from Afghanistan. (7) In June 2018, the Department of Defense reported, ``The al-Qa'ida threat to the United States and its allies and partners has decreased and the few remaining al-Qa'ida core members are focused on their own survival''. SEC. 1532. WITHDRAWAL OF UNITED STATES ARMED FORCES FROM AFGHANISTAN. (a) Plan Required.--Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense, or designee, in cooperation with the heads of all other relevant Federal agencies involved in the conflict in Afghanistan shall-- (1)(A) formulate a plan for the orderly drawdown and withdrawal of all soldiers, sailors, airmen, and Marines from Afghanistan who were involved in operations intended to provide security to the people of Afghanistan, including policing action, or military actions against paramilitary organizations inside Afghanistan, excluding members of the military assigned to support United States embassies or consulates, or intelligence operations authorized by Congress; and (B) appear before the relevant congressional committees to explain the proposed implementation of the plan formulated under subparagraph (A); and (2)(A) formulate a framework for political reconciliation and popular democratic elections independent of United States involvement in Afghanistan, which may be used by the Government of Afghanistan to ensure that any political party that meets the requirements under Article 35 of the Constitution of Afghanistan is permitted to participate in general elections; and (B) appear before the relevant congressional committees to explain the proposed implementation of the framework formulated under subparagraph (A). (b) Removal and Bonuses.--Not later than one year after the date of the enactment of this Act-- (1) all United States Armed Forces in Afghanistan as of such date of enactment shall be withdrawn and removed from Afghanistan; and (2) the Secretary of Defense shall provide all members of the United States Armed Forces who were deployed in support of the Global War on Terror with a $2,500 bonus to recognize that these Americans have served in the Global War On Terrorism exclusively on a volunteer basis and to demonstrate the heartfelt gratitude of our Nation. (c) Repeal of Authorization for Use of Military Force.--The Authorization for Use of Military Force (Public Law 107-40) is repealed effective on the earlier of-- (1) the date that is 395 days after the date of the enactment of this joint resolution: or (2) the date on which the Secretary of Defense certifies that all United States Armed Forces involved in operations or military actions in Afghanistan (as described in subsection (a)(1)(A)) have departed from Afghanistan. ______ SA 721. 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: On page 36, beginning on line 15, strike ``amounts authorized to be appropriated'' and all that follows through ``acquisition strategy'' and insert ``funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be used to exceed, and the Department may not otherwise exceed, the total procurement quantity of thirty-five Littoral Combat Ships,''. On page 49, beginning on line 14, strike ``authorized to be appropriated'' and all that follows through ``program of record'' and insert ``authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be used for the procurement of a current or future Department of Defense communications program of record, and the Department may not otherwise procure a current or future communications program of record,''. On page 54, beginning on line 6, strike ``authorized to be appropriated'' and all that follows through ``Chief of Naval Operations'' and insert ``authorized to be appropriated by this Act for fiscal year 2020 for operation and maintenance for the Office of the Secretary of the Air Force and for operation and maintenance for the Office of the Secretary of the Navy, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Chief of Staff of the Air Force and the Chief of Naval Operations, respectively,''. On page 58, beginning on line 5, strike ``authorized to be appropriated'' and all that follows through ``enduring capability'' and insert ``authorized to be appropriated by this Act for fiscal year 2020 for the Army may be obligated or expended for research, development, test, and evaluation for the Indirect Fire Protection Capability Increment 2 enduring capability, and the Department may not otherwise engaged in research, development, test, and evaluation on such capability,''. On page 138, line 3, strike ``or otherwise made available''. On page 539, line 19, strike ``or otherwise made available''. On page 543, line 24, strike ``or otherwise made available'' and insert ``for fiscal year 2020''. On page 704, strike line 24 and all that follows through page 705, line 8, and insert the following: (a) Prohibition.--Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400. On page 773, beginning on line 8, strike ``authorized to be appropriated'' and all that follows through ``theater'' on line 13 and insert ``authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any activity that reduces air base resiliency or demolishes protected aircraft shelters in the European theater, and the Department may not otherwise implement any such activity,''. On page 773, beginning on line 21, strike ``authorized to be appropriated'' and all that follows through ``air base'' and insert ``authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any activity that closes or returns to the host nation any existing air base, and the Department may not otherwise implement any such activity,''. ______ SA 722. 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 H of title X, insert the following: SEC. _. FOREIGN INFLUENCE REPORTING IN ELECTIONS. (a) Federal Campaign Reporting of Foreign Contacts.-- Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. [[Page S3754]] 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Reportable Foreign Contacts.-- ``(1) Committee obligation.--Not later than 1 week after a reportable foreign contact, each authorized committee of a candidate for the office of President shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. ``(2) Individual obligation.--Not later than 1 week after a reportable foreign contact-- ``(A) each candidate for the office of President shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and ``(B) each official, employee, or agent of an authorized committee of a candidate for the office of President shall notify the treasurer or other designated official of the authorized committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. ``(3) Reportable foreign contact.--In this subsection: ``(A) In general.--The term `reportable foreign contact' means any direct or indirect contact or communication that-- ``(i) is between-- ``(I) a candidate for the office of President, an authorized committee of such a candidate, or any official, employee, or agent of such authorized committee; and ``(II) a foreign national (as defined in section 319(b)) or a person that the person described in subclause (I) believes to be a foreign national; and ``(ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves-- ``(I) a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or ``(II) coordination or collaboration with, an offer or provision of information or services to or from, or persistent and repeated contact with a government of a foreign country or an agent thereof. ``(B) Exception.--Such term shall not include any contact or communication with a foreign government or an agent of a foreign principal by an elected official or an employee of an elected official solely in an official capacity as such an official or employee.''. (b) Federal Campaign Foreign Contact Reporting Compliance System.--Section 302(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102(e)) is amended by adding at the end the following new paragraph: ``(6) Reportable foreign contacts compliance policy.-- ``(A) Reporting.--Each authorized committee of a candidate for the office of President shall establish a policy that requires all officials, employees, and agents of such committee to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 1 week after such contact was made. ``(B) Retention and preservation of records.--Each authorized committee of a candidate for the office of President shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. ``(C) Certification.--Upon designation of a political committee as an authorized committee by a candidate for the office of President, and with each report filed by such committee under section 304(a), the candidate shall certify that-- ``(i) the committee has in place policies that meets the requirements of subparagraph (A) and (B); ``(ii) the committee has designated an official to monitor compliance with such policies; and ``(iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will-- ``(I) receive notice of such policies; and ``(II) be informed of the prohibitions under section 319; and ``(III) sign a certification affirming their understanding of such policies and prohibitions.''. (c) Criminal Penalties.--Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraphs: ``(E) Any person who knowingly and willfully commits a violation of section 304(j) or section 302(e)(6) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. ``(F) Any person who knowingly or willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both.''. (d) Rule of Construction.--Nothing in this section or the amendments made by this section shall be construed-- (1) to impede legitimate journalistic activities; or (2) to impose any additional limitation on the right of any individual who is not a citizen of the United States or a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act) and who is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)) to express political views or to participate in public discourse. ______ SA 723. Ms. STABENOW (for herself and Ms. Collins) 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. GUIDANCE ON BUY AMERICAN ACT AND BERRY AMENDMENT REQUIREMENTS. (a) Buy American Act Guidance.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director of Defense Pricing/ Defense Procurement Acquisition Policy shall issue guidance to Department of Defense contracting officials on requirements related to chapter 83 of title 41, United States Code (commonly referred to as the ``Buy American Act''). The guidance shall reflect any Department actions taken in response to the April 18, 2017, Executive Order No. 13788, ``Buy American and Hire American''. (2) Elements.--The guidance issued under paragraph (1) shall cover-- (A) the requirement to incorporate and enforce the Buy American Act provisions and clauses in applicable solicitations and contracts; and (B) the requirements of the Buy American Act, such as inclusion of clauses, into the electronic contract writing systems used by the military departments and the Defense Logistics Agency. (b) Berry Amendment and Specialty Metals Clause Guidance.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director of Defense Pricing/ Defense Procurement Acquisition Policy shall issue guidance to Department of Defense contracting officials on requirements related to section 2533a of title 10, United States Code (commonly referred to as the ``Berry Amendment''), and section 2533b of title 10, United States Code (commonly referred to as the ``specialty metals clause''). (2) Elements.--The guidance issued under paragraph (1) shall cover-- (A) the requirement to incorporate and enforce the Berry Amendment and the specialty metals clause provisions and clauses in applicable solicitations and contracts; and (B) the requirements of the Berry Amendment and the specialty metals clause, such as inclusion of clauses, into the electronic contract writing systems used by the military departments and the Defense Logistics Agency. ______ SA 724. Mr. UDALL (for himself and Mr. Crapo) 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 XXXI, insert the following: SEC. __. REPORT REGARDING GOVERNMENT NUCLEAR TESTING AND COMPENSATION FOR RADIATION EXPOSURE. By not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the heads of appropriate Federal agencies, shall prepare and submit a report to the Committee on Armed Services and the Committee on the Judiciary of the Senate, and the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives, that-- (1) assesses the extent to which individuals affected by Federal Government nuclear testing are prevented from receiving compensation under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note); and (2) describes the different groups, including an estimate of the number of people in each group, who are affected by Federal Government nuclear testing but are not compensated under such Act, including people of the United States who live in close proximity to where such testing occurred. ______ SA 725. 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 H of title X, insert the following: [[Page S3755]] SEC. 1086. IMMIGRANT VETERANS ELIGIBILITY TRACKING SYSTEM. (a) In General.--On the application by an alien for an immigration benefit or the placement of an alien in an immigration enforcement proceeding, the Secretary of Homeland Security shall-- (1) determine whether the alien is serving, or has served, as a member of-- (A) a regular or reserve component of the Armed Forces on active duty; or (B) a reserve component of the Armed Forces in an active status; and (2) with respect to the immigration and naturalization records of the Department of Homeland Security relating to an alien who is serving, or has served, as a member of the Armed Forces described in paragraph (1), annotate such records-- (A) to reflect that membership; and (B) to afford an opportunity to track the outcomes for each such alien. (b) Consideration of Military Service for Expedited Processing.--In determining whether to expedite the processing of an application of an individual for an immigration benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including naturalization, the Secretary of Homeland Security shall consider-- (1) the service of the individual as a member of-- (A) a regular or reserve component of the Armed Forces on active duty; or (B) a reserve component of the Armed Forces in an active status; and (2) the record of discharge from service in the Armed Forces of the individual. (c) Prohibition on Use of Information for Removal.-- Information gathered under subsection (a) may not be used for the purpose of removing an alien from the United States. ______ SA 726. Ms. WARREN (for herself and Mr. Leahy) 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 X, add the following: SEC. 1061. IMPROVEMENT OF ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH UNITED STATES MILITARY OPERATIONS. (a) Additional Elements.--Subsection (b) of section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1572), as amended by section 1062 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1970), is further amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) An assessment of any destruction of or damage to public infrastructure or other civilian objects.''; (2) in paragraph (3), by inserting before the period at the end the following: ``, and a description of the personnel and amounts dedicated to investigations of allegations of civilian casualties covered by such report''; (3) in paragraph (4), by inserting ``, and destruction of or damage to public infrastructure and civilian objects,'' after ``harm to civilians''; (4) by redesignating paragraphs (5) and (6) as paragraphs (8) and (9), respectively; and (5) by inserting after paragraph (4) the following new paragraphs: ``(5) An explanation for the discrepancies, if any, between Department of Defense post-operation assessments of civilian casualties in connection with military operations covered by such report and credible reports of intergovernmental and non-governmental organizations on such casualties, set forth in general and in connection with each military operation covered by such report. ``(6) A description of the manner in which the reliability and accuracy of reports and assessments covered by such report were determined, and the standards used in determining such reliability and accuracy. ``(7) A description of the manner in which discrepancies described in paragraph (5) were addressed, and the standards used in addressing such discrepancies.''. (b) Availability of Public Form on Internet Website.-- Subsection (d) of such section 1057, as so amended, is further amended in the second sentence by inserting ``on an Internet website of the Department of Defense'' after ``available to the public''. ______ SA 727. 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 in subtitle H of title X, insert the following: SEC. 10__. DESIGNATION OF PER- AND POLYFLUOROALKYL SUBSTANCES AS HAZARDOUS SUBSTANCES. Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall designate all perfluoroalkyl and polyfluoroalkyl substances as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9602(a)). ______ SA 728. 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 title XI, add the following: SEC. 1106. REPORTS ON USE OF DIRECT HIRING AUTHORITIES BY THE DEPARTMENT OF DEFENSE. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense (with respect to the Department of Defense) and each Secretary of a military department (with respect to such military department) shall submit to the congressional defense committees a report on the use by the department concerned of direct hiring authority (DHA) for civilian employees of such department. Each report shall set forth the following: (1) Citations to each of the direct hiring authorities currently available to the department concerned. (2) The current number of civilian employees of the department concerned who were hired using direct hiring authority (whether or not such authority is currently in force), and the grade level and occupational series of such civilian employees. (3) A description and assessment of the challenges, if any, faced by the department concerned in hiring civilian employees for critical positions and occupational series, and a description and assessment of the role of current or potential direct hiring authorities in addressing such challenges. (4) A proposal for increasing the number of civilian employees of the department concerned with a science and engineering background who are employed using direct hiring authority. ______ SA 729. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. _____. PREVENTION OF FOREIGN INTERFERENCE WITH ELECTIONS. (a) Short Title.--This section may be cited as the ``Prevention of Foreign Interference with Elections Act of 2019''. (b) Interference in Elections by Foreign Nationals.-- (1) In general.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 612. Interference in elections by foreign nationals ``(a) Penalty.-- ``(1) In general.--Whoever-- ``(A) conspires with an individual, while having knowledge or reasonable cause to believe such individual is a foreign national, to prevent, obstruct, impede, interfere with, promote, support, or oppose the nomination or the election of any candidate for any Federal, State, or local office, or any ballot measure, initiative, or referendum; and ``(B) knows or has reasonable cause to believe that an interfering act would be or has been committed to effect the object of the conspiracy; shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Agents of foreign powers.--Whoever violates paragraph (1) by conspiring with an agent of a foreign power shall be fined under this title, imprisoned for not more than 10 years, or both. ``(b) Consecutive Sentence.--No term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law. ``(c) Injunctions.-- ``(1) In general.--Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes a violation of this section, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act. ``(2) Action by court.--The court shall proceed as soon as practicable to the hearing and determination of a civil action brought under this subsection, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States, a State, or a locality, or to any person or class of persons for whose protection the civil action is brought. ``(3) Procedure.-- ``(A) In general.--A proceeding under this subsection shall be governed by the Federal [[Page S3756]] Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery shall be governed by the Federal Rules of Criminal Procedure. ``(B) Sealed proceedings.--If a civil action is brought under this subsection, before an indictment is returned against the respondent or while an indictment against the respondent is under seal-- ``(i) the court shall place the civil action under seal; and ``(ii) when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal. ``(4) Classified information if indictment has not been returned against respondent.--For any civil proceeding brought by the Attorney General under this subsection in which an indictment has not been returned against the respondent, classified information in the civil proceeding shall be subject to the procedures described in section 2339B(f). ``(d) Definitions.--In this section-- ``(1) the term `agent of a foreign power'-- ``(A) has the meaning given to the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and ``(B) does not include a United States person (as defined under section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)); ``(2) the term `classified information' has the meaning given the term in section 1 of the Classified Information Procedures Act (18 U.S.C. App.); ``(3) the term `foreign national'-- ``(A) means a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)); and ``(B) does not include any individual who is a citizen of the United States or a lawful permanent resident of the United States; and ``(4) the term `interfering act' means any offense, that does have to be otherwise proven, under or violation of-- ``(A) this title; ``(B) section 12 of the Voting Rights Act of 1965 (52 U.S.C. 10308); ``(C) the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.); or ``(D) chapter 95 or 96 of the Internal Revenue Code of 1986. ``(e) Rule of Construction.--Nothing in this section shall be construed or applied to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.''. (2) Severability.--If any provision of this section, an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section, the amendments made by this section, and the applications of the provisions of such to any other person or circumstance shall not be affected thereby. (3) Technical and conforming amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``612. Interference in elections by foreign nationals.''. (c) Inadmissibility for Interference in Elections by Foreign Nationals.--Section 212(a)(10)(D) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as follows: ``(D) Unlawful voters and election interference by foreign nationals.-- ``(i) Unlawful voters.--Except as provided in clause (iii), any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. ``(ii) Election interference by foreign nationals.-- ``(I) In general.--Except as provided in subclause (II) and clause (iii), any alien convicted of violating section 612 of title 18, United States Code, is inadmissible. ``(II) Exception.--If an alien described in subclause (I) is eligible under section 245(j) for an adjustment of status to that of an alien lawfully admitted for permanent residence, the Secretary of Homeland Security, in the Secretary's sole, unreviewable discretion, may waive the applicability of subclause (I) with respect to such alien. ``(iii) Exception.--An alien shall not be considered to be inadmissible under this subparagraph if-- ``(I) the alien voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens; ``(II) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a United States citizen (whether by birth or naturalization); ``(III) the alien permanently resided in the United States before reaching 16 years of age; and ``(IV) the alien reasonably believed at the time of the violation described in clause (i) or (ii)(I) that he or she was a United States citizen.''. (d) Strengthening Prohibitions on Expenditures by Foreign Nationals.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)(1)(C), by inserting ``, subject to subsection (c)'' after ``within the meaning of section 304(f)(3)''; and (2) by adding at the end the following new subsections: ``(c) Application to Electioneering Communications.-- ``(1) Electioneering communications.-- ``(A) In general.--For purposes of applying subsection (a)(1)(C) and subsection (d), an `electioneering communication'-- ``(i) does not include a news story, commentary, editorial, or other communication produced and distributed in the ordinary course of bona fide press activity by a news or press service or association, newspaper, magazine, periodical, or other publication as determined under subparagraph (B); ``(ii) except as provided in clause (i), includes an Internet or digital communication that otherwise meets the requirements of section 304(f)(3) as modified by this paragraph; ``(iii) includes a communication that does not refer to a clearly identified candidate for Federal office as described in subparagraph (A)(i)(I) of section 304(f)(3) if-- ``(I) the communication otherwise meets the requirements of such section as modified by this paragraph except that items (aa) and (bb) of subparagraph (A)(i)(II) of such section shall each be applied by substituting `Federal, State, or local office' for `the office sought by the candidate'; ``(II) the communication-- ``(aa) references voting or a Federal, State, or local election; ``(bb) addresses an issue that is reasonably understood to distinguish one candidate for Federal, State, or local office from another; ``(cc) republishes or is substantially identical to the communications of a candidate for Federal, State, or local office on that same issue; ``(dd) expresses approval or disapproval of a position reasonably identified with a candidate for Federal, State, or local office and presented in substantially similar terms, regardless of whether there is a specific reference to that candidate; or ``(ee) references an employee of a candidate or campaign for Federal, State, or local office or a political party; and ``(iv) does not include a commercial advertisement for goods or services by a foreign corporation or business entity. ``(B) Determination of bona fide press activity.--For purposes of subparagraph (A)(i), a news story, commentary, editorial, or other communication is not produced and distributed in the ordinary course of bona fide press activity by a news or press service or association, newspaper, magazine, periodical, or other publication and the exception under such subparagraph shall not apply if-- ``(i) such media outlet is owned, directed, supervised, controlled, subsidized, or financed by a government of a foreign country, as defined in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611); and ``(ii) such news story, commentary, editorial, or other communication-- ``(I) is directed, produced, or distributed, at the direction of government or political party officials; and ``(II) promotes, attacks, supports, or opposes any candidate for public office or political party in the United States. ``(2) Foreign individual internet activity exception.-- ``(A) In general.--When an individual or a group of individuals engages in Internet activities for the purposes of influencing an election, neither of the following is a contribution or expenditure for purposes of this section by that individual or group of individuals: ``(i) The uncompensated personal services of the individual related to such Internet activities. The exception under the preceding sentence shall not apply to individuals or a group of individuals acting on behalf of or in any capacity at the order, request, or under the direction or control, of a government of a foreign country, a foreign political party, or a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government of a foreign country or a foreign political party. ``(ii) The use of equipment or services by the individual for uncompensated Internet activities, regardless of the identity of the owner of the equipment or services. The exception under the preceding sentence shall not apply to equipment or services supplied or provided directly or indirectly by a government of a foreign country, a foreign political party, or a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government of a foreign country or a foreign political party. ``(B) Definition.--For purposes of this paragraph, the terms `Internet activities' and `equipment and services' have the meaning given such terms in section 100.94 of title 11, Code of Federal Regulations (or any successor regulation). ``(d) Prohibition on Providing Substantial Assistance to a Foreign Governments and Foreign Political Parties in Making Contributions, Donations, or Expenditures.-- ``(1) In general.--No person shall knowingly provide substantial assistance to a foreign national, including a foreign government or foreign political party, with respect to directly or indirectly making a contribution or donation, or other thing of value, or an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)), or any other act prohibited under subsection (a). [[Page S3757]] ``(2) Definition.--As used in this subsection, the term `providing substantial assistance' means, with respect to an act described in paragraph (1), the facilitation of such act by a foreign national, including a foreign government or foreign political party. Such facilitation includes the knowing republication of foreign government and foreign political party electioneering communications referred to in subsection (b), regardless of whether the communication was made in concert or cooperation with or at the request or suggestion of a foreign government or foreign political party.''. ______ SA 730. 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 C of title V, add the following: SEC. 520. EXPANSION AND IMPROVEMENT OF LEAVE IN CONNECTION WITH BIRTHS AND ADOPTIONS. (a) Primary Caregiver Leave in Connection With Birth or Adoption.--Subsection (i) of section 701 of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``the primary'' and inserting ``a primary''; (B) in subparagraph (B)-- (i) by striking ``the primary'' and inserting ``a primary''; and (ii) by striking ``six weeks'' and inserting ``12 weeks''; and (C) by adding at the end the following new subparagraph: ``(C) More than one individual may be designated as a primary caregiver under subparagraph (A) or (B) in connection with a birth or adoption.''; (2) in paragraph (3), by inserting before the period at the end the following: ``, and the criteria to be used in designating individuals as primary caregivers for purposes of paragraph (1)''; (3) in paragraph (4), by striking ``leave--'' and all that follows and inserting ``leave is specifically recommended, in writing, by the medical provided of the member to address a diagnosed medical condition.''; (4) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; and (5) by inserting after paragraph (5) the following new paragraph (6): ``(6)(A) Leave of a member under paragraph (1) or (4) terminates on the date of death of the child concerned. ``(B) Nothing in subparagraph (A) shall be construed to terminate the eligibility of a member for emergency leave under section 709 of this title in connection with a death described in that subparagraph.''. (b) Secondary Caregiver Leave in Connection With Birth or Adoption.--Subsection (j) of such section is amended-- (1) in paragraph (1)-- (A) by striking ``the secondary caregiver'' and inserting ``a secondary caregiver''; (B) by striking ``21 days'' and inserting ``12 weeks''; and (C) by adding at the end the following new sentence: ``More than one individual may be designated as a secondary caregiver under this paragraph in connection with a birth or adoption.''; (2) in paragraph (2), by inserting before the period at the end the following: ``, and the criteria to be used in designating individuals as secondary caregivers for purposes of paragraph (1)''; (3) by redesignating paragraph (4) as paragraph (5); (4) by inserting after paragraph (3) the following new paragraph (4): ``(4)(A) Leave of a member under paragraph (1) terminates on the date of death of the child concerned. ``(B) Nothing in subparagraph (A) shall be construed to terminate the eligibility of a member for emergency leave under section 709 of this title in connection with a death described in that subparagraph.''; and (5) in paragraph (5), as redesignated by paragraph (3) of this subsection-- (A) by striking ``paragraphs (6) through (10)'' and inserting ``paragraphs (7) through (11)''; and (B) by striking ``paragraph (9)(B)'' and inserting ``paragraph (10)(B)''. ______ SA 731. 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 G of title XII, add the following: SEC. 1290. INVESTIGATION AND REPORT ON ISSUANCE OF PASSPORTS AND TRAVEL DOCUMENTS TO CITIZENS OF SAUDI ARABIA IN THE UNITED STATES. (a) Investigation.--The Secretary of State shall conduct an investigation on the issuance by the Government of Saudi Arabia of passports and other travel documents to citizens of Saudi Arabia in the United States. (b) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the investigation under subsection (a). (2) Matter to be included.--The report required by paragraph (1) shall include, with respect to the manner in which passports and travel documents are issued to citizens of Saudi Arabia in the United States, an assessment whether the Government of Saudi Arabia is in compliance with its obligations under-- (A) the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961; or (B) the Vienna Convention on Consular Relations, done at Vienna April 24, 1963. ______ SA 732. 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 in title X, insert the following: SEC. ___. ADVANCE BILLING FOR BACKGROUND INVESTIGATION SERVICES WITH WORKING CAPITAL FUNDS. During fiscal year 2020, any advance billing for background investigation services and related services purchased from activities financed using Defense Working Capital Funds shall be excluded from the calculation of cumulative advance billings under section 2208(l)(3) of title 10, United States Code. ______ SA 733. Mr. DAINES (for himself and Mr. Tester) 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 subtitle H of title X, insert the following: SEC. ____. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA. (a) Findings.--Congress finds that-- (1) the Little Shell Tribe of Chippewa Indians is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States; (2) the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of Montana, which also are political successors to the signatories of the Pembina Treaty of 1863, have been recognized by the Federal Government as distinct Indian tribes; (3) the members of the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State of North Dakota as described in paragraph (1); (4) in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization Act''); (5) Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization Act''); (6) due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize; (7) in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization Act''), the Tribe continued to exist as a separate community, with leaders exhibiting clear political authority; (8) the Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of Montana, filed 2 law suits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the ``Indian Claims Commission Act''), to petition for additional compensation for land ceded to the United States under the Pembina Treaty of 1863 and the McCumber Agreement of 1892; (9) in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8); (10) in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and [[Page S3758]] (11) the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s. (b) Definitions.--In this section: (1) Member.--The term ``member'' means an individual who is enrolled in the Tribe pursuant to subsection (f). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Little Shell Tribe of Chippewa Indians of Montana. (c) Federal Recognition.-- (1) In general.--Federal recognition is extended to the Tribe. (2) Effect of federal laws.--Except as otherwise provided in this section, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization Act''), shall apply to the Tribe and members. (d) Federal Services and Benefits.-- (1) In general.--Beginning on the date of enactment of this Act, the Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to-- (A) the existence of a reservation for the Tribe; or (B) the location of the residence of any member on or near an Indian reservation. (2) Service area.--For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana. (e) Reaffirmation of Rights.-- (1) In general.--Nothing in this section diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act. (2) Claims of tribe.--Except as otherwise provided in this section, nothing in this section alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act. (f) Membership Roll.-- (1) In general.--As a condition of receiving recognition, services, and benefits pursuant to this section, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe. (2) Determination of membership.--The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution). (3) Maintenance of roll.--The Tribe shall maintain the membership roll under this subsection. (g) Acquisition of Land.-- (1) Homeland.--The Secretary shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base. (2) Additional land.--The Secretary may acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 (25 U.S.C. 5108) (commonly known as the ``Indian Reorganization Act''). ______ SA 734. 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 appropriate place, insert the following: SEC. __. PROHIBITION ON NUCLEAR EXPORTS TO SAUDI ARABIA. Notwithstanding any other provision of law, no nuclear material, whether for civilian or military applications, or related technology or intellectual property, may be exported from the United States to Saudi Arabia, and no license or other authorization may be issued by any Federal agency for such export. ______ SA 735. 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 end of subtitle D of title III, add the following: SEC. ____. REPORT ON EFFECT OF WIND TURBINE PROJECTS ON SAFETY, TRAINING, AND READINESS OF AIR FORCE PILOTS. Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives and publish on a publicly available Internet website of the Department of the Air Force a report on the cumulative effect of wind turbine projects on the safety, training, and readiness of Air Force pilots. ______ SA 736. Mr. BURR (for himself and Mr. Van Hollen) 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 subtitle F of title V, insert the following: SEC. __. TASK FORCE. Section 658H of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f) is amended-- (1) by redesignating subsection (j) as subsection (k); (2) in subsection (d)(2)(A), by striking ``subsection (j)(1)'' and inserting ``subsection (k)(1)''; and (3) by inserting after subsection (i) the following: ``(j) Task Force To Assist in Improving Child Safety.-- ``(1) Establishment.--There is established a task force, to be known as the Interagency Task Force for Child Safety (referred to in this section as the `Task Force') to identify, evaluate, and recommend best practices and technical assistance to assist Federal and State agencies in fully implementing the requirements of subsection (b) for child care staff members. ``(2) Composition.--Not later than 60 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2020, the President shall appoint the members of the Task Force, which shall include-- ``(A) the Director of the Office of Child Care of the Department of Health and Human Services, the Associate Commissioner of the Children's Bureau of the Department of Health and Human Services, the Director of the Federal Bureau of Investigation, or their designees; and ``(B) such other Federal officials as may be designated by the President. ``(3) Chairperson.--The chairperson of the Task Force shall be the Assistant Secretary of the Administration for Children and Families. ``(4) Consultation.--The Task Force shall consult with representatives from State child care agencies, State child protective services, State criminal justice agencies, and other relevant stakeholders on identifying problems in implementing, and proposing solutions to implement, the requirements of subsection (b), as described in that subsection. ``(5) Task force duties.--The Task Force shall-- ``(A) develop recommendations for improving implementation of the requirements of subsection (b), including recommendations about how the Task Force and member agencies will collaborate and coordinate efforts to implement such requirements, as described in subsection (b); and ``(B) develop recommendations in which the Task Force identifies best practices and evaluates technical assistance to assist relevant Federal and State agencies in implementing subsection (b), which identification and evaluation shall include-- ``(i) an analysis of available research and information at the Federal and State level regarding the status of the interstate requirements of subsection (b) for child care staff members who have resided in one or more States during the previous 5 years and who seek employment in a child care program in a different State; ``(ii) a list of State agencies that are not responding to interstate requests covered by subsection (b) for relevant information on child care staff members; ``(iii) identification of the challenges State agencies are experiencing in responding to such interstate requests; ``(iv) an analysis of the length of time it takes the State agencies in a State to receive such results from State agencies in another State in response to such an interstate request in accordance with subsection (b); ``(v) an analysis of the average processing time for the interstate requests, in accordance with subsection (b); ``(vi) identification of the fees associated with the interstate requests in each State to meet requirements in accordance with subsection (b); ``(vii) a list of States that are participating in the National Fingerprint File program, as administered by the Federal Bureau of Investigation, and an analysis of reasons States have or have not chosen to participate in the program, including barriers to participation such as barriers related to State regulatory requirements and statutes; and ``(viii) a list of States that have closed record laws or systems that prevent the States from sharing complete criminal records data or information with State agencies in another State. ``(6) Meetings.--Not later than 3 months after the date of enactment of the National Defense Authorization Act for Fiscal Year 2020, the Task Force shall hold its first meeting. [[Page S3759]] ``(7) Final report.--Not later than 1 year after the first meeting of the Task Force, the Task Force shall submit to the Secretary of Health and Human Services, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives a final report containing all of the recommendations required by subparagraphs (A) and (B) of paragraph (5). ``(8) Sunset.--The Task Force shall terminate 1 year after submitting its final report, but not later than the end of fiscal year 2021.''. ______ SA 737. Mr. BURR 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 351(b)(2), after subparagraph (C), insert the following: (D) The investment necessary to leverage existing local workforce development programs, including apprenticeship opportunities, to sustain an adequate workforce pipeline. ______ SA 738. Mr. REED (for himself, Ms. Smith, Ms. Klobuchar, and Mr. Whitehouse) 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. ____. REPORT ON IMPACT OF LIBERIAN NATIONALS ON THE NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMIC AND HUMANITARIAN INTERESTS OF THE UNITED STATES AND A JUSTIFICATION FOR ADJUSTMENT OF STATUS OF QUALIFYING LIBERIANS TO THAT OF LAWFUL PERMANENT RESIDENTS. (a) Findings.--Congress makes the following findings: (1) In 1989, a seven-year civil war broke out in Liberia that-- (A) claimed the lives of an estimated 200,000 people; (B) displaced over \1/2\ of the Liberian population; (C) halted food production; and (D) destroyed the infrastructure and economy of Liberia. (2) A second civil war then followed from 1999 to 2003, further destabilizing Liberia and creating more turmoil and hardship for Liberians. (3) In total, the two civil wars in Liberia killed up to an estimated \1/4\ million individuals. (4) From 2014 to 2016, Liberia faced an Ebola virus outbreak that devastated the fragile health system of Liberia and killed nearly 5,000 individuals. (5) As a result of these devastating events, thousands of Liberians sought refuge in the United States, living and working here under Temporary Protected Status (TPS) and Deferred Enforced Departure (DED), extended under both Republican and Democratic administrations beginning in 1991 with the administration of President George H. W. Bush. (6) These law-abiding and taxpaying Liberians have made homes in the United States, have worked hard, played by the rules, paid their dues, and submitted to rigorous vetting. Many such Liberians have United States citizen children who have served in the Armed Forces, and in some cases have themselves served in that capacity. (7) The Liberian community in the United States has also contributed greatly to private sector investment and socioeconomic assistance in Liberia by providing remittances to relatives in Liberia. (8) While there was a positive development in 2017 with the first democratic transfer of power in more than 70 years, the Department of State has identified the capital and most populous city of Liberia, Monrovia, as being a critical- threat location for crime. Access to healthcare remains limited, critical infrastructure is lacking, and widespread corruption coupled with low wages and a weak economic recovery has left the country vulnerable to civil unrest. (b) Report.-- (1) In general.--Not later than December 31, 2019, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report on the impact of Liberian nationals on the national security, foreign policy, and economic, and humanitarian interests of the United States and a justification for adjustment of status of qualifying Liberians to that of lawful permanent residents. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The number of current or former Liberian nationals and their children who have served or are currently serving in the Armed Forces. (B) The amount of remittances sent by current or former Liberian nationals to relatives in Liberia and an assessment of the impact on the economic development of Liberia if these remittances were to cease. (C) The economic and tax contributions that Liberian nationals and their children have made to the United States. (D) An assessment of the impact on the United States of adjusting the status of Liberian nationals who have continuous physical presence in the United States beginning on November 20, 2014, and ending on the date of the enactment of this Act, or for adjusting the status of the spouses, children, and unmarried sons or daughters of such Liberian nationals. (c) Qualifying Liberian.-- (1) In general.--In this section, the term ``qualifying Liberian'' means and alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who-- (A)(i) is a national of Liberia; and (ii) has been continuously present in the United States during the period beginning on November 20, 2014, and ending on the date of the enactment of this Act; (B) is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A); (C) is otherwise eligible to receive an immigrant visa; and (D) is admissible to the United States for permanent residence, except that the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Exceptions.--The term ``qualifying Liberian'' does not include any alien who-- (A) has been convicted of any aggravated felony; (B) has been convicted of 2 or more crimes involving moral turpitude (other than a purely political offense); or (C) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (3) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence based on 1 or more absences from the United States for 1 or more periods amounting, in the aggregate, to not more than 180 days. ______ SA 739. 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 RESTORATION OF TYNDALL AIR FORCE BASE. It is the sense of Congress that the Secretary of the Air Force should-- (1) restore Tyndall Air Force Base to achieve military installation resilience, as defined in section 101(e)(8) of title 10, United States Code; and (2) use innovative construction methods, materials, designs, and technologies in carrying out such restoration in order to achieve efficiencies, cost savings, resiliency, and capability, which may include-- (A) open architecture design to evolve with the national defense strategy; and (B) efficient ergonomic enterprise for members of the Air Force in the 21st century. ______ SA 740. 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: Strike part III of subtitle D of title V. Strike section 585. Strike section 587. Strike section 642. On page 293, line 2, strike ``January 1, 2020'' and insert ``January 1, 2030''. Strike section 1203 and insert the following: SEC. 1203. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY AND AVAILABILITY OF FUNDS FOR GLOBAL SECURITY CONTINGENCY FUND. Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note) is amended-- (1) in subsection (i)-- (A) in paragraph (1), by striking ``September 30, 2019'' and inserting ``September 30, 2021''; and (B) by amending paragraph (2) to read as follows: [[Page S3760]] ``(2) Exception.--Amounts appropriated and transferred to the Fund before September 30, 2019, shall remain available for obligation and expenditure after that date, but only for activities under programs commenced under subsection (b) before September 30, 2019.''; and (2) in subsection (o)-- (A) in the first sentence, by striking ``September 30, 2019'' and inserting ``September 30, 2021''; and (B) in the second sentence, by striking ``through 2019'' and inserting ``through 2021''. Strike section 1422. ______ SA 741. 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) Purpose.--The purpose of this section is to clarify Federal authorities and responsibilities relating to the Pensacola Dam and Reservoir. (b) 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, between elevation 745 feet and elevation 755 feet (Pensacola Datum). (4) Project.--The term ``project'' means the Pensacola Hydroelectric Project (FERC No. 1494). (5) Secretary.--The term ``Secretary'' means the Secretary of the Army. (c) 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, 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.-- (A) In general.--Notwithstanding any other provision of law, the Commission shall not include in any license for the project any condition or other requirement relating to-- (i) surface elevations of the conservation pool; (ii) flood pool (except to the extent it references flood control requirements prescribed by the Secretary of the Army); or (iii) land or water above an elevation of 750 feet (Pensacola Datum). (B) Exception.--Nothwithstanding subparagraph (A)(i), the Commission shall, in consultation with the licensee, prescribe flexible target surface elevations of the conservation pool to the extent necessary for the protection of life, health, property, or the environment. (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 on request of 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.). (d) 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. (e) 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 742. Mr. MARKEY (for himself and Mr. Tester) 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. COMPTROLLER GENERAL REVIEW OF QUALITY RATING SYSTEM FOR COMMUNITY LIVING CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Comptroller General of the United States shall conduct a review of the quality rating system for community living centers operated by the Department of Veterans Affairs. (b) Elements.--The review conducted under subsection (a) shall include an assessment of the following: (1) The data and information that underlie the quality ratings for community living centers operated by the Department. (2) Trends in quality for such community living centers. (3) The use of quality ratings by the Department to conduct oversight of such community living centers. (c) Report.--Not later than January 1, 2021, the Comptroller General shall submit to Congress a report on the results of the review conducted under subsection (a). ______ SA 743. Mr. BOOKER submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of part II of subtitle F of title V, add the following: SEC. 582. EXPANSION OF ELIGIBILITY FOR THE MY CAREER ADVANCEMENT ACCOUNT PROGRAM TO CERTAIN MILITARY SPOUSES. (a) Eligibility for Participants Whose Spouses Receive Promotions.--A military spouse who is participating in the My Career Advancement Account program of the Department of Defense (in this section referred to as the ``Program'') may not become ineligible for the Program solely because the member of the Armed Forces to whom the military spouse is married receives a promotion in grade. (b) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the Program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) An assessment of employment rates for military spouses that identifies-- (i) the career fields most military spouses frequently pursue; and (ii) the extent to which such rates may be improved by expanding the Program to include reimbursements for licensing reciprocity. (B) An assessment of costs required to expand the Program as described in subparagraph (A)(ii). ______ SA 744. 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 [[Page S3761]] for defense activities of the Department of 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: 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 [[Page S3762]] 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 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. [[Page S3763]] ``(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. ``(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.''. [[Page S3764]] (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. 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 [[Page S3765]] 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 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''; [[Page S3766]] (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).''. (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 [[Page S3767]] (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 (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, as well as any other relevant department or agency, 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 [[Page S3768]] 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 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; [[Page S3769]] (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 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 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 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, including forced labor, 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 Secretary of State and the Administrator of the National Oceanic and Atmospheric Administration shall jointly 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, including forced labor, 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, including forced labor, 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 [[Page S3770]] illegal practices in the catching of seafood in the countries on the list compiled pursuant to paragraph (1); and (5) such recommendations as the Secretary of State and the Administrator of the National Oceanic and Atmospheric Administration jointly consider appropriate for legislative or administrative action to enhance and improve actions against human trafficking, including forced labor, 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 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 745. Mrs. CAPITO (for herself, Mr. Carper, Mr. Barrasso, Mr. Gardner, Mrs. Gillibrand, Mrs. Shaheen, Mr. Sullivan, 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 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); [[Page S3771]] (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 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.-- [[Page S3772]] (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.-- ``(1) In general.--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. ``(2) No increased bonding authority.--The amounts made available under paragraph (1) 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.''. 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-- (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. [[Page S3773]] 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. (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. [[Page S3774]] (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 746. 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. Sec. 312. Limitation on transfer of National Intelligence University. Sec. 313. Improving visibility into the security clearance process. [[Page S3775]] 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. 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 [[Page S3776]] 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 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 [[Page S3777]] 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; ``(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. (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.''. 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 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 [[Page S3778]] 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: ``(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, [[Page S3779]] 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. 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 [[Page S3780]] 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. (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; [[Page S3781]] (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 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). [[Page S3782]] 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. 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. [[Page S3783]] 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.''; (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 [[Page S3784]] 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 (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. [[Page S3785]] (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. (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 [[Page S3786]] 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; (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 [[Page S3787]] 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 REQUIREMENT. Section 214 of the Department of Energy Organization Act (42 U.S.C. 7144a) is amended-- (1) by striking ``(a) Duty of Secretary.--''; and (2) by striking subsections (b) and (c). Subtitle D--Other Elements SEC. 431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF DEFENSE SECURITY SERVICE AS AN ELEMENT OF INTELLIGENCE COMMUNITY. Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and Under Secretary of Defense for Intelligence, in coordination with the Director of the National Counterintelligence and Security Center, shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a plan to designate the counterintelligence component of the Defense Security Service of the Department of Defense as an element of the intelligence community by not later than January 1, 2019. Such plan shall-- (1) address the implications of such designation on the authorities, governance, personnel, resources, information technology, collection, analytic products, information sharing, and business processes of the Defense Security Service and the intelligence community; and (2) not address the personnel security functions of the Defense Security Service. SEC. 432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES. Section 3553 of title 44, United States Code, is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: ``(j) Rule of Construction.--Nothing in this section shall be construed to require the Secretary to provide notice to any private entity before the Secretary issues a binding operational directive under subsection (b)(2).''. SEC. 433. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF DEFENSE INTELLIGENCE AGENCY. (a) In General.--The Director of National Intelligence and the Secretary of Defense shall jointly establish a framework to ensure the appropriate balance of resources for the roles, missions, and functions of the Defense Intelligence Agency in its capacity as an element of the intelligence community and as a combat support agency. The framework shall include supporting processes to provide for the consistent and regular reevaluation of the responsibilities and resources of the Defense Intelligence Agency to prevent imbalanced priorities, insufficient or misaligned resources, and the unauthorized expansion of mission parameters. [[Page S3788]] (b) Matters for Inclusion.--The framework required under subsection (a) shall include each of the following: (1) A lexicon providing for consistent definitions of relevant terms used by both the intelligence community and the Department of Defense, including each of the following: (A) Defense intelligence enterprise. (B) Enterprise manager. (C) Executive agent. (D) Function. (E) Functional manager. (F) Mission. (G) Mission manager. (H) Responsibility. (I) Role. (J) Service of common concern. (2) An assessment of the necessity of maintaining separate designations for the intelligence community and the Department of Defense for intelligence functional or enterprise management constructs. (3) A repeatable process for evaluating the addition, transfer, or elimination of defense intelligence missions, roles, and functions, currently performed or to be performed in the future by the Defense Intelligence Agency, which includes each of the following: (A) A justification for the addition, transfer, or elimination of a mission, role, or function. (B) The identification of which, if any, element of the Federal Government performs the considered mission, role, or function. (C) In the case of any new mission, role, or function-- (i) an assessment of the most appropriate agency or element to perform such mission, role, or function, taking into account the resource profiles, scope of responsibilities, primary customers, and existing infrastructure necessary to support such mission, role, or function; and (ii) a determination of the appropriate resource profile and an identification of the projected resources needed and the proposed source of such resources over the future-years defense program, to be provided in writing to any elements of the intelligence community or the Department of Defense affected by the assumption, transfer, or elimination of any mission, role, or function. (D) In the case of any mission, role, or function proposed to be assumed, transferred, or eliminated, an assessment, which shall be completed jointly by the heads of each element affected by such assumption, transfer, or elimination, of the risks that would be assumed by the intelligence community and the Department if such mission, role, or function is assumed, transferred, or eliminated. (E) A description of how determinations are made regarding the funding of programs and activities under the National Intelligence Program and the Military Intelligence Program, including-- (i) which programs or activities are funded under each such Program; (ii) which programs or activities should be jointly funded under both such Programs and how determinations are made with respect to funding allocations for such programs and activities; and (iii) the thresholds and process for changing a program or activity from being funded under one such Program to being funded under the other such Program. SEC. 434. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE OFFICE. (a) Establishment.--Section 106A of the National Security Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end the following new subsection: ``(d) Advisory Board.-- ``(1) Establishment.--There is established in the National Reconnaissance Office an advisory board (in this section referred to as the `Board'). ``(2) Duties.--The Board shall-- ``(A) study matters relating to the mission of the National Reconnaissance Office, including with respect to promoting innovation, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and ``(B) advise and report directly to the Director with respect to such matters. ``(3) Members.-- ``(A) Number and appointment.-- ``(i) In general.--The Board shall be composed of 5 members appointed by the Director from among individuals with demonstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnaissance Office. ``(ii) Notification.--Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10, United States Code) of such appointment. ``(B) Terms.--Each member shall be appointed for a term of 2 years. Except as provided by subparagraph (C), a member may not serve more than 3 terms. ``(C) Vacancy.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. ``(D) Chair.--The Board shall have a Chair, who shall be appointed by the Director from among the members. ``(E) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(F) Executive secretary.--The Director may appoint an executive secretary, who shall be an employee of the National Reconnaissance Office, to support the Board. ``(4) Meetings.--The Board shall meet not less than quarterly, but may meet more frequently at the call of the Director. ``(5) Reports.--Not later than March 31 of each year, the Board shall submit to the Director and to the congressional intelligence committees a report on the activities and significant findings of the Board during the preceding year. ``(6) Nonapplicability of certain requirements.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. ``(7) Termination.--The Board shall terminate on the date that is 3 years after the date of the first meeting of the Board.''. (b) Initial Appointments.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Reconnaissance Office shall appoint the initial 5 members to the advisory board under subsection (d) of section 106A of the National Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a). SEC. 435. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY PERSONNEL AT FIELD LOCATIONS. (a) Identification of Opportunities for Collocation.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall identify, in consultation with the Commissioner of U.S. Customs and Border Protection, the Administrator of the Transportation Security Administration, the Director of U.S. Immigration and Customs Enforcement, and the heads of such other elements of the Department of Homeland Security as the Under Secretary considers appropriate, opportunities for collocation of officers of the Office of Intelligence and Analysis in the field outside of the greater Washington, District of Columbia, area in order to support operational units from U.S. Customs and Border Protection, the Transportation Security Administration, U.S. Immigration and Customs Enforcement, and other elements of the Department of Homeland Security. (b) Plan for Collocation.--Not later than 120 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional intelligence committees a report that includes a plan for collocation as described in subsection (a). TITLE V--ELECTION MATTERS SEC. 501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST UNITED STATES ELECTION INFRASTRUCTURE. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Homeland Security of the House of Representatives; (D) the Committee on Foreign Relations of the Senate; and (E) the Committee on Foreign Affairs of the House of Representatives. (2) Congressional leadership.--The term ``congressional leadership'' includes the following: (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (b) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to congressional leadership and the appropriate congressional committees a report on cyber attacks and attempted cyber attacks by foreign governments on United States election infrastructure in States and localities in connection with the 2016 Presidential election in the United States and such cyber attacks or attempted cyber attacks as the Under Secretary anticipates against such infrastructure. Such report shall identify the States and localities affected and shall include cyber attacks and attempted cyber attacks against voter registration databases, voting machines, voting-related computer networks, and the networks of Secretaries of State and other election officials of the various States. (c) Form.--The report submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. SEC. 502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT AGAINST AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE PRESIDENTIAL ELECTION. (a) Review Required.--Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall-- (1) complete an after action review of the posture of the intelligence community to [[Page S3789]] collect against and analyze efforts of the Government of Russia to interfere in the 2016 Presidential election in the United States; and (2) submit to the congressional intelligence committees a report on the findings of the Director with respect to such review. (b) Elements.--The review required by subsection (a) shall include, with respect to the posture and efforts described in paragraph (1) of such subsection, the following: (1) An assessment of whether the resources of the intelligence community were properly aligned to detect and respond to the efforts described in subsection (a)(1). (2) An assessment of the information sharing that occurred within elements of the intelligence community. (3) An assessment of the information sharing that occurred between elements of the intelligence community. (4) An assessment of applicable authorities necessary to collect on any such efforts and any deficiencies in those authorities. (5) A review of the use of open source material to inform analysis and warning of such efforts. (6) A review of the use of alternative and predictive analysis. (c) Form of Report.--The report required by subsection (a)(2) shall be submitted to the congressional intelligence committees in a classified form. SEC. 503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL ELECTIONS. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Homeland Security of the House of Representatives. (2) Congressional leadership.--The term ``congressional leadership'' includes the following: (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (3) Security vulnerability.--The term ``security vulnerability'' has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (b) In General.--The Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the heads of other relevant elements of the intelligence community, shall-- (1) commence not later than 1 year before any regularly scheduled Federal election occurring after December 31, 2018, and complete not later than 180 days before such election, an assessment of security vulnerabilities of State election systems; and (2) not later than 180 days before any regularly scheduled Federal election occurring after December 31, 2018, submit a report on such security vulnerabilities and an assessment of foreign intelligence threats to the election to-- (A) congressional leadership; and (B) the appropriate congressional committees. (c) Update.--Not later than 90 days before any regularly scheduled Federal election occurring after December 31, 2018, the Director of National Intelligence shall-- (1) update the assessment of foreign intelligence threats to that election; and (2) submit the updated assessment to-- (A) congressional leadership; and (B) the appropriate congressional committees. SEC. 504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED STATES ELECTIONS. (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 and the Committee on Homeland Security of the House of Representatives. (4) The Committee on Foreign Relations of the Senate. (5) The Committee on Foreign Affairs of the House of Representatives. (b) Requirement for a Strategy.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Defense, and the Secretary of the Treasury, shall develop a whole-of- government strategy for countering the threat of Russian cyber attacks and attempted cyber attacks against electoral systems and processes in the United States, including Federal, State, and local election systems, voter registration databases, voting tabulation equipment, and equipment and processes for the secure transmission of election results. (c) Elements of the Strategy.--The strategy required by subsection (b) shall include the following elements: (1) A whole-of-government approach to protecting United States electoral systems and processes that includes the agencies and departments indicated in subsection (b) as well as any other agencies and departments of the United States, as determined appropriate by the Director of National Intelligence and the Secretary of Homeland Security. (2) Input solicited from Secretaries of State of the various States and the chief election officials of the States. (3) Technical security measures, including auditable paper trails for voting machines, securing wireless and Internet connections, and other technical safeguards. (4) Detection of cyber threats, including attacks and attempted attacks by Russian government or nongovernment cyber threat actors. (5) Improvements in the identification and attribution of Russian government or nongovernment cyber threat actors. (6) Deterrence, including actions and measures that could or should be undertaken against or communicated to the Government of Russia or other entities to deter attacks against, or interference with, United States election systems and processes. (7) Improvements in Federal Government communications with State and local election officials. (8) Public education and communication efforts. (9) Benchmarks and milestones to enable the measurement of concrete steps taken and progress made in the implementation of the strategy. (d) Congressional Briefing.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Homeland Security shall jointly brief the appropriate congressional committees on the strategy developed under subsection (b). SEC. 505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS DIRECTED AT FOREIGN ELECTIONS AND REFERENDA. (a) Russian Influence Campaign Defined.--In this section, the term ``Russian influence campaign'' means any effort, covert or overt, and by any means, attributable to the Russian Federation directed at an election, referendum, or similar process in a country other than the Russian Federation or the United States. (b) Assessment Required.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing an analytical assessment of the most significant Russian influence campaigns, if any, conducted during the 3-year period preceding the date of the enactment of this Act, as well as the most significant current or planned such Russian influence campaigns, if any. Such assessment shall include-- (1) a summary of such significant Russian influence campaigns, including, at a minimum, the specific means by which such campaigns were conducted, are being conducted, or likely will be conducted, as appropriate, and the specific goal of each such campaign; (2) a summary of any defenses against or responses to such Russian influence campaigns by the foreign state holding the elections or referenda; (3) a summary of any relevant activities by elements of the intelligence community undertaken for the purpose of assisting the government of such foreign state in defending against or responding to such Russian influence campaigns; and (4) an assessment of the effectiveness of such defenses and responses described in paragraphs (2) and (3). (c) Form.--The report required by subsection (b) may be submitted in classified form, but if so submitted, shall contain an unclassified summary. SEC. 506. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY THREATS TO FEDERAL ELECTION CAMPAIGNS. (a) Reports Required.-- (1) In general.--As provided in paragraph (2), for each Federal election, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis and the Director of the Federal Bureau of Investigation, shall make publicly available on an Internet website an advisory report on foreign counterintelligence and cybersecurity threats to election campaigns for Federal offices. Each such report shall include, consistent with the protection of sources and methods, each of the following: (A) A description of foreign counterintelligence and cybersecurity threats to election campaigns for Federal offices. (B) A summary of best practices that election campaigns for Federal offices can employ in seeking to counter such threats. (C) An identification of any publicly available resources, including United States Government resources, for countering such threats. (2) Schedule for submittal.--A report under this subsection shall be made available as follows: (A) In the case of a report regarding an election held for the office of Senator or Member of the House of Representatives during 2018, not later than the date that is 60 days after the date of the enactment of this Act. [[Page S3790]] (B) In the case of a report regarding an election for a Federal office during any subsequent year, not later than the date that is 1 year before the date of the election. (3) Information to be included.--A report under this subsection shall reflect the most current information available to the Director of National Intelligence regarding foreign counterintelligence and cybersecurity threats. (b) Treatment of Campaigns Subject to Heightened Threats.-- If the Director of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis jointly determine that an election campaign for Federal office is subject to a heightened foreign counterintelligence or cybersecurity threat, the Director and the Under Secretary, consistent with the protection of sources and methods, may make available additional information to the appropriate representatives of such campaign. SEC. 507. INFORMATION SHARING WITH STATE ELECTION OFFICIALS. (a) State Defined.--In this section, the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (b) Security Clearances.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall support the Under Secretary of Homeland Security for Intelligence and Analysis, and any other official of the Department of Homeland Security designated by the Secretary of Homeland Security, in sponsoring a security clearance up to the top secret level for each eligible chief election official of a State or the District of Columbia, and additional eligible designees of such election official as appropriate, at the time that such election official assumes such position. (2) Interim clearances.--Consistent with applicable policies and directives, the Director of National Intelligence may issue interim clearances, for a period to be determined by the Director, to a chief election official as described in paragraph (1) and up to 1 designee of such official under such paragraph. (c) Information Sharing.-- (1) In general.--The Director of National Intelligence shall assist the Under Secretary of Homeland Security for Intelligence and Analysis and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any appropriate classified information related to threats to election systems and to the integrity of the election process with chief election officials and such designees who have received a security clearance under subsection (b). (2) Coordination.--The Under Secretary of Homeland Security for Intelligence and Analysis shall coordinate with the Director of National Intelligence and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing of information to the affected Secretaries of State or States. SEC. 508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR FEDERAL OFFICES. (a) Definitions.--In this section: (1) Active measures campaign.--The term ``active measures campaign'' means a foreign semi-covert or covert intelligence operation. (2) Candidate, election, and political party.--The terms ``candidate'', ``election'', and ``political party'' have the meanings given those terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). (3) Congressional leadership.--The term ``congressional leadership'' includes the following: (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (4) Cyber intrusion.--The term ``cyber intrusion'' means an electronic occurrence that actually or imminently jeopardizes, without lawful authority, electronic election infrastructure, or the integrity, confidentiality, or availability of information within such infrastructure. (5) Electronic election infrastructure.--The term ``electronic election infrastructure'' means an electronic information system of any of the following that is related to an election for Federal office: (A) The Federal Government. (B) A State or local government. (C) A political party. (D) The election campaign of a candidate. (6) Federal office.--The term ``Federal office'' has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). (7) High confidence.--The term ``high confidence'', with respect to a determination, means that the determination is based on high-quality information from multiple sources. (8) Moderate confidence.--The term ``moderate confidence'', with respect to a determination, means that a determination is credibly sourced and plausible but not of sufficient quality or corroborated sufficiently to warrant a higher level of confidence. (9) Other appropriate congressional committees.--The term ``other appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. (b) Determinations of Significant Foreign Cyber Intrusions and Active Measures Campaigns.--The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly carry out subsection (c) if such Directors and the Secretary jointly determine-- (1) that on or after the date of the enactment of this Act, a significant foreign cyber intrusion or active measures campaign intended to influence an upcoming election for any Federal office has occurred or is occurring; and (2) with moderate or high confidence, that such intrusion or campaign can be attributed to a foreign state or to a foreign nonstate person, group, or other entity. (c) Briefing.-- (1) In general.--Not later than 14 days after making a determination under subsection (b), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly provide a briefing to the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the other appropriate congressional committees. The briefing shall be classified and address, at a minimum, the following: (A) A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination. (B) An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed. (C) The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign. (D) Any other information such Directors and the Secretary jointly determine appropriate. (2) Electronic election infrastructure briefings.--With respect to a significant foreign cyber intrusion covered by a determination under subsection (b), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall offer to the owner or operator of any electronic election infrastructure directly affected by such intrusion, a briefing on such intrusion, including steps that may be taken to mitigate such intrusion. Such briefing may be classified and made available only to individuals with appropriate security clearances. (3) Protection of sources and methods.--This subsection shall be carried out in a manner that is consistent with the protection of sources and methods. SEC. 509. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION SECURITY MATTERS. (a) In General.--The Director of National Intelligence shall designate a national counterintelligence officer within the National Counterintelligence and Security Center to lead, manage, and coordinate counterintelligence matters relating to election security. (b) Additional Responsibilities.--The person designated under subsection (a) shall also lead, manage, and coordinate counterintelligence matters relating to risks posed by interference from foreign powers (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)) to the following: (1) The Federal Government election security supply chain. (2) Election voting systems and software. (3) Voter registration databases. (4) Critical infrastructure related to elections. (5) Such other Government goods and services as the Director of National Intelligence considers appropriate. TITLE VI--SECURITY CLEARANCES SEC. 601. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Armed Services of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on Armed Services of the House of Representatives; (F) the Committee on Appropriations of the House of Representatives; (G) the Committee on Homeland Security of the House of Representatives; and (H) the Committee on Oversight and Reform of the House of Representatives. (2) Appropriate industry partners.--The term ``appropriate industry partner'' means [[Page S3791]] 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)) that is participating in the National Industrial Security Program established by such Executive Order. (3) Continuous vetting.--The term ``continuous vetting'' has the meaning given such term in Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information). (4) Council.--The term ``Council'' means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive Order, or any successor entity. (5) 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. (6) Suitability and credentialing executive agent.--The term ``Suitability and Credentialing Executive Agent'' means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information), or any successor entity. SEC. 602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND BACKGROUND INVESTIGATIONS. (a) Sense of Congress.--It is the sense of Congress that-- (1) ensuring the trustworthiness and security of the workforce, facilities, and information of the Federal Government is of the highest priority to national security and public safety; (2) the President and Congress should prioritize the modernization of the personnel security framework to improve its efficiency, effectiveness, and accountability; (3) the current system for security clearance, suitability and fitness for employment, and credentialing lacks efficiencies and capabilities to meet the current threat environment, recruit and retain a trusted workforce, and capitalize on modern technologies; and (4) changes to policies or processes to improve this system should be vetted through the Council to ensure standardization, portability, and reciprocity in security clearances across the Federal Government. (b) Accountability Plans and Reports.-- (1) Plans.--Not later than 90 days after the date of the enactment of this Act, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners the following: (A) A plan, with milestones, to reduce the background investigation inventory to 200,000, or an otherwise sustainable steady-level, by the end of year 2020. Such plan shall include notes of any required changes in investigative and adjudicative standards or resources. (B) A plan to consolidate the conduct of background investigations associated with the processing for security clearances in the most effective and efficient manner between the National Background Investigation Bureau and the Defense Security Service, or a successor organization. Such plan shall address required funding, personnel, contracts, information technology, field office structure, policy, governance, schedule, transition costs, and effects on stakeholders. (2) Report on the future of personnel security.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report on the future of personnel security to reflect changes in threats, the workforce, and technology. (B) Contents.--The report submitted under subparagraph (A) shall include the following: (i) A risk framework for granting and renewing access to classified information. (ii) A discussion of the use of technologies to prevent, detect, and monitor threats. (iii) A discussion of efforts to address reciprocity and portability. (iv) A discussion of the characteristics of effective insider threat programs. (v) An analysis of how to integrate data from continuous evaluation, insider threat programs, and human resources data. (vi) Recommendations on interagency governance. (3) Plan for implementation.--Not later than 180 days after the date of the enactment of this Act, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement the report's framework and recommendations submitted under paragraph (2)(A). (4) Congressional notifications.--Not less frequently than quarterly, the Security Executive Agent shall make available to the public a report regarding the status of the disposition of requests received from departments and agencies of the Federal Government for a change to, or approval under, the Federal investigative standards, the national adjudicative guidelines, continuous evaluation, or other national policy regarding personnel security. SEC. 603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES. (a) Reviews.--Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following: (1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Office of Personnel Management and the Office of the Director of National Intelligence appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the ``National Security Adjudicative Guidelines''). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines. (2) An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat. (3) Recommendations to improve the background investigation process by-- (A) simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire; (B) using remote techniques and centralized locations to support or replace field investigation work; (C) using secure and reliable digitization of information obtained during the clearance process; (D) building the capacity of the background investigation labor sector; and (E) replacing periodic reinvestigations with continuous evaluation techniques in all appropriate circumstances. (b) Policy, Strategy, and Implementation.--Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent shall, in coordination with the members of the Council, establish the following: (1) A policy and implementation plan for the issuance of interim security clearances. (2) A policy and implementation plan to ensure contractors are treated consistently in the security clearance process across agencies and departments of the United States as compared to employees of such agencies and departments. Such policy shall address-- (A) prioritization of processing security clearances based on the mission the contractors will be performing; (B) standardization in the forms that agencies issue to initiate the process for a security clearance; (C) digitization of background investigation-related forms; (D) use of the polygraph; (E) the application of the adjudicative guidelines under Security Executive Agent Directive 4 (known as the ``National Security Adjudicative Guidelines''); (F) reciprocal recognition of clearances across agencies and departments of the United States, regardless of status of periodic reinvestigation; (G) tracking of clearance files as individuals move from employment with an agency or department of the United States to employment in the private sector; (H) collection of timelines for movement of contractors across agencies and departments; (I) reporting on security incidents and job performance, consistent with section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974''), that may affect the ability to hold a security clearance; (J) any recommended changes to the Federal Acquisition Regulations (FAR) necessary to ensure that information affecting contractor clearances or suitability is appropriately and expeditiously shared between and among agencies and contractors; and (K) portability of contractor security clearances between or among contracts at the same agency and between or among contracts at different agencies that require the same level of clearance. (3) A strategy and implementation plan that-- (A) provides for periodic reinvestigations as part of a security clearance determination only on an as-needed, risk- based basis; (B) includes actions to assess the extent to which automated records checks and other continuous evaluation methods may be used to expedite or focus reinvestigations; and (C) provides an exception for certain populations if the Security Executive Agent-- (i) determines such populations require reinvestigations at regular intervals; and (ii) provides written justification to the appropriate congressional committees for any such determination. (4) A policy and implementation plan for agencies and departments of the United States, as a part of the security clearance process, to accept automated records checks generated pursuant to a security clearance applicant's employment with a prior employer. [[Page S3792]] (5) A policy for the use of certain background materials on individuals collected by the private sector for background investigation purposes. (6) Uniform standards for agency continuous evaluation programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information. SEC. 604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY CLEARANCES. (a) Reciprocity Defined.--In this section, the term ``reciprocity'' means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information. (b) In General.--The Council shall reform the security clearance process with the objective that, by December 31, 2021, 90 percent of all determinations, other than determinations regarding populations identified under section 603(b)(3)(C), regarding-- (1) security clearances-- (A) at the secret level are issued in 30 days or fewer; and (B) at the top secret level are issued in 90 days or fewer; and (2) reciprocity of security clearances at the same level are recognized in 2 weeks or fewer. (c) Certain Reinvestigations.--The Council shall reform the security clearance process with the goal that by December 31, 2021, reinvestigation on a set periodicity is not required for more than 10 percent of the population that holds a security clearance. (d) Equivalent Metrics.-- (1) In general.--If the Council develops a set of performance metrics that it certifies to the appropriate congressional committees should achieve substantially equivalent outcomes as those outlined in subsections (b) and (c), the Council may use those metrics for purposes of compliance within this provision. (2) Notice.--If the Council uses the authority provided by paragraph (1) to use metrics as described in such paragraph, the Council shall, not later than 30 days after communicating such metrics to departments and agencies, notify the appropriate congressional committees that it is using such authority. (e) Plan.--Not later than 180 days after the date of the enactment of this Act, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. Such plan shall include recommended interim milestones for the goals set forth in subsections (b) and (c) for 2019, 2020, and 2021. SEC. 605. SECURITY EXECUTIVE AGENT. (a) In General.--Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended-- (1) by redesignating sections 803 and 804 as sections 804 and 805, respectively; and (2) by inserting after section 802 the following: ``SEC. 803. SECURITY EXECUTIVE AGENT. ``(a) In General.--The Director of National Intelligence, or such other officer of the United States as the President may designate, shall serve as the Security Executive Agent for all departments and agencies of the United States. ``(b) Duties.--The duties of the Security Executive Agent are as follows: ``(1) To direct the oversight of investigations, reinvestigations, adjudications, and, as applicable, polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any Federal agency. ``(2) To review the national security background investigation and adjudication programs of Federal agencies to determine whether such programs are being implemented in accordance with this section. ``(3) To develop and issue uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations, polygraphs, and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position. ``(4) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position, as applicable. ``(5) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information). ``(6) To ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among Federal agencies, including acting as the final authority to arbitrate and resolve disputes among such agencies involving the reciprocity of investigations and adjudications of eligibility. ``(7) To execute all other duties assigned to the Security Executive Agent by law. ``(c) Authorities.--The Security Executive Agent shall-- ``(1) issue guidelines and instructions to the heads of Federal agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, timeliness, and security in processes relating to determinations by such agencies of eligibility for access to classified information or eligibility to hold a sensitive position, including such matters as investigations, polygraphs, adjudications, and reciprocity; ``(2) have the authority to grant exceptions to, or waivers of, national security investigative requirements, including issuing implementing or clarifying guidance, as necessary; ``(3) have the authority to assign, in whole or in part, to the head of any Federal agency (solely or jointly) any of the duties of the Security Executive Agent described in subsection (b) or the authorities described in paragraphs (1) and (2), provided that the exercise of such assigned duties or authorities is subject to the oversight of the Security Executive Agent, including such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate; and ``(4) define and set standards for continuous evaluation for continued access to classified information and for eligibility to hold a sensitive position.''. (b) Report on Recommendations for Revising Authorities.-- Not later than 30 days after the date on which the Chairman of the Council submits to the appropriate congressional committees the report required by section 602(b)(2)(A), the Chairman shall submit to the appropriate congressional committees such recommendations as the Chairman may have for revising the authorities of the Security Executive Agent. (c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking ``in section 804'' and inserting ``in section 805''. (d) Clerical Amendment.--The table of contents in the matter preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking the items relating to sections 803 and 804 and inserting the following: ``Sec. 803. Security Executive Agent. ``Sec. 804. Exceptions. ``Sec. 805. Definitions.''. SEC. 606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR POSITIONS OF TRUST AND SECURITY CLEARANCES. Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent, in coordination with the other members of the Council, shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a report regarding the advisability and the risks, benefits, and costs to the Government and to industry of consolidating to not more than 3 tiers for positions of trust and security clearances. SEC. 607. REPORT ON CLEARANCE IN PERSON CONCEPT. (a) Sense of Congress.--It is the sense of Congress that to reflect the greater mobility of the modern workforce, alternative methodologies merit analysis to allow greater flexibility for individuals moving in and out of positions that require access to classified information, while still preserving security. (b) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that describes the requirements, feasibility, and advisability of implementing a clearance in person concept described in subsection (c). (c) Clearance in Person Concept.--The clearance in person concept-- (1) permits an individual who once held a security clearance to maintain his or her eligibility for access to classified information, networks, and facilities for up to 3 years after the individual's eligibility for access to classified information would otherwise lapse; and (2) recognizes, unless otherwise directed by the Security Executive Agent, an individual's security clearance and background investigation as current, regardless of employment status, contingent on enrollment in a continuous vetting program. (d) Contents.--The report required under subsection (b) shall address-- (1) requirements for an individual to voluntarily remain in a continuous evaluation program validated by the Security Executive Agent even if the individual is not in a position requiring access to classified information; (2) appropriate safeguards for privacy; (3) advantages to government and industry; (4) the costs and savings associated with implementation; (5) the risks of such implementation, including security and counterintelligence risks; (6) an appropriate funding model; and (7) fairness to small companies and independent contractors. SEC. 608. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR BACKGROUND INVESTIGATIONS. (a) In General.--As part of the fiscal year 2020 budget request submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the President shall include exhibits that identify the resources expended by each agency during the prior fiscal year for processing background investigations and continuous evaluation programs, disaggregated by tier and whether the individual was a Government employee or contractor. [[Page S3793]] (b) Contents.--Each exhibit submitted under subsection (a) shall include details on-- (1) the costs of background investigations or reinvestigations; (2) the costs associated with background investigations for Government or contract personnel; (3) costs associated with continuous evaluation initiatives monitoring for each person for whom a background investigation or reinvestigation was conducted, other than costs associated with adjudication; (4) the average per person cost for each type of background investigation; and (5) a summary of transfers and reprogrammings that were executed in the previous year to support the processing of security clearances. SEC. 609. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF DEPARTMENTS AND AGENCIES. (a) Reciprocally Recognized Defined.--In this section, the term ``reciprocally recognized'' means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information. (b) Reports to Security Executive Agent.--The head of each Federal department or agency shall submit an annual report to the Security Executive Agent that-- (1) identifies the number of individuals whose security clearances take more than 2 weeks to be reciprocally recognized after such individuals move to another part of such department or agency; and (2) breaks out the information described in paragraph (1) by type of clearance and the reasons for any delays. (c) Annual Report.--Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners an annual report that summarizes the information received pursuant to subsection (b) during the period covered by such report. SEC. 610. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES. Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)(ii), by adding ``and'' at the end; (B) in subparagraph (B)(ii), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C); (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: ``(b) Intelligence Community Reports.--(1)(A) Not later than March 1 of each year, the Director of National Intelligence shall submit a report to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives regarding the security clearances processed by each element of the intelligence community during the preceding fiscal year. ``(B) The Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives such portions of the report submitted under subparagraph (A) as the Director determines address elements of the intelligence community that are within the Department of Defense. ``(C) Each report submitted under this paragraph shall separately identify security clearances processed for Federal employees and contractor employees sponsored by each such element. ``(2) Each report submitted under paragraph (1)(A) shall include, for each element of the intelligence community for the fiscal year covered by the report, the following: ``(A) The total number of initial security clearance background investigations sponsored for new applicants. ``(B) The total number of security clearance periodic reinvestigations sponsored for existing employees. ``(C) The total number of initial security clearance background investigations for new applicants that were adjudicated with notice of a determination provided to the prospective applicant, including-- ``(i) the total number of such adjudications that were adjudicated favorably and granted access to classified information; and ``(ii) the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance. ``(D) The total number of security clearance periodic background investigations that were adjudicated with notice of a determination provided to the existing employee, including-- ``(i) the total number of such adjudications that were adjudicated favorably; and ``(ii) the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance. ``(E) The total number of pending security clearance background investigations, including initial applicant investigations and periodic reinvestigations, that were not adjudicated as of the last day of such year and that remained pending, categorized as follows: ``(i) For 180 days or shorter. ``(ii) For longer than 180 days, but shorter than 12 months. ``(iii) For 12 months or longer, but shorter than 18 months. ``(iv) For 18 months or longer, but shorter than 24 months. ``(v) For 24 months or longer. ``(F) For any security clearance determinations completed or pending during the year preceding the year for which the report is submitted that have taken longer than 12 months to complete-- ``(i) an explanation of the causes for the delays incurred during the period covered by the report; and ``(ii) the number of such delays involving a polygraph requirement. ``(G) The percentage of security clearance investigations, including initial and periodic reinvestigations, that resulted in a denial or revocation of a security clearance. ``(H) The percentage of security clearance investigations that resulted in incomplete information. ``(I) The percentage of security clearance investigations that did not result in enough information to make a decision on potentially adverse information. ``(3) The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.''; and (4) in subsection (c), as redesignated, by striking ``subsection (a)(1)'' and inserting ``subsections (a)(1) and (b)''. SEC. 611. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED INFORMATION, NETWORKS, OR FACILITIES. Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report that reviews the intelligence community for which positions can be conducted without access to classified information, networks, or facilities, or may only require a security clearance at the secret level. SEC. 612. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST AND SECURITY CLEARANCES. (a) Program Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall establish and implement a program to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce. (2) Designation.--The program established under paragraph (1) shall be known as the ``Trusted Information Provider Program'' (in this section referred to as the ``Program''). (b) Privacy Safeguards.--The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate. (c) Provision of Information to the Federal Government.-- The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain pre-employment information gathered during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy. (d) Information and Records.--The information and records considered under the Program shall include the following: (1) Date and place of birth. (2) Citizenship or immigration and naturalization information. (3) Education records. (4) Employment records. (5) Employment or social references. (6) Military service records. (7) State and local law enforcement checks. (8) Criminal history checks. (9) Financial records or information. (10) Foreign travel, relatives, or associations. (11) Social media checks. (12) Such other information or records as may be relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility. (e) Implementation Plan.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the Program. (2) Elements.--The plan required by paragraph (1) shall include the following: (A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes. (B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the Program. (f) Plan for Pilot Program on Two-way Information Sharing.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, [[Page S3794]] the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel. (2) Elements.--The plan required by paragraph (1) shall include the following: (A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes. (B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the pilot program. (g) Review.--Not later than 1 year after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans. SEC. 613. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER-RELATED COMMUNICATIONS. Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent shall, in coordination with the Inspector General of the Intelligence Community, submit to the appropriate congressional committees a report detailing the controls employed by the intelligence community to ensure that continuous vetting programs, including those involving user activity monitoring, protect the 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. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the congressional intelligence committees; (2) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and (3) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (b) Limitation.-- (1) In general.--No amount may be expended by the Federal Government, other than the Department of Defense, to enter into or implement any bilateral agreement between the United States and the Russian Federation regarding cybersecurity, including the establishment or support of any cybersecurity unit, unless, at least 30 days prior to the conclusion of any such agreement, the Director of National Intelligence submits to the appropriate congressional committees a report on such agreement that includes the elements required by subsection (c). (2) Department of defense agreements.--Any agreement between the Department of Defense and the Russian Federation regarding cybersecurity shall be conducted in accordance with section 1232 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), as amended by section 1231 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91). (c) Elements.--If the Director submits a report under subsection (b) with respect to an agreement, such report shall include a description of each of the following: (1) The purpose of the agreement. (2) The nature of any intelligence to be shared pursuant to the agreement. (3) The expected value to national security resulting from the implementation of the agreement. (4) Such counterintelligence concerns associated with the agreement as the Director may have and such measures as the Director expects to be taken to mitigate such concerns. (d) Rule of Construction.--This section shall not be construed to affect any existing authority of the Director of National Intelligence, the Director of the Central Intelligence Agency, or another head of an element of the intelligence community, to share or receive foreign intelligence on a case-by-case basis. SEC. 702. REPORT ON RETURNING RUSSIAN COMPOUNDS. (a) Covered Compounds Defined.--In this section, the term ``covered compounds'' means the real property in New York, the real property in Maryland, and the real property in San Francisco, California, that were under the control of the Government of Russia in 2016 and were removed from such control in response to various transgressions by the Government of Russia, including the interference by the Government of Russia in the 2016 election in the United States. (b) Requirement for Report.--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, and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives (only with respect to the unclassified report), a report on the intelligence risks of returning the covered compounds to Russian control. (c) Form of Report.--The report required by this section shall be submitted in classified and unclassified forms. SEC. 703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA. (a) Threat Finance Defined.--In this section, the term ``threat finance'' means-- (1) the financing of cyber operations, global influence campaigns, intelligence service activities, proliferation, terrorism, or transnational crime and drug organizations; (2) the methods and entities used to spend, store, move, raise, conceal, or launder money or value, on behalf of threat actors; (3) sanctions evasion; and (4) other forms of threat finance activity domestically or internationally, as defined by the President. (b) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Assistant Secretary of the Treasury for Intelligence and Analysis, shall submit to the congressional intelligence committees a report containing an assessment of Russian threat finance. The assessment shall be based on intelligence from all sources, including from the Office of Terrorism and Financial Intelligence of the Department of the Treasury. (c) Elements.--The report required by subsection (b) shall include each of the following: (1) A summary of leading examples from the 3-year period preceding the date of the submittal of the report of threat finance activities conducted by, for the benefit of, or at the behest of-- (A) officials of the Government of Russia; (B) persons subject to sanctions under any provision of law imposing sanctions with respect to Russia; (C) Russian nationals subject to sanctions under any other provision of law; or (D) Russian oligarchs or organized criminals. (2) An assessment with respect to any trends or patterns in threat finance activities relating to Russia, including common methods of conducting such activities and global nodes of money laundering used by Russian threat actors described in paragraph (1) and associated entities. (3) An assessment of any connections between Russian individuals involved in money laundering and the Government of Russia. (4) A summary of engagement and coordination with international partners on threat finance relating to Russia, especially in Europe, including examples of such engagement and coordination. (5) An identification of any resource and collection gaps. (6) An identification of-- (A) entry points of money laundering by Russian and associated entities into the United States; (B) any vulnerabilities within the United States legal and financial system, including specific sectors, which have been or could be exploited in connection with Russian threat finance activities; and (C) the counterintelligence threat posed by Russian money laundering and other forms of threat finance, as well as the threat to the United States financial system and United States efforts to enforce sanctions and combat organized crime. (7) Any other matters the Director determines appropriate. (d) Form of Report.--The report required under subsection (b) may be submitted in classified form. SEC. 704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and (C) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Congressional leadership.--The term ``congressional leadership'' includes the following: (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (b) Requirement for Notification.--The Director of National Intelligence, in cooperation with the Director of the Federal Bureau of Investigation and the head of any other relevant agency, shall notify the congressional leadership and the Chairman and Vice Chairman or Ranking Member of each of the appropriate congressional committees, and of other relevant committees of jurisdiction, each time the Director of National Intelligence determines there is credible information that a foreign power has, is, or will attempt to employ a covert influence or active [[Page S3795]] measures campaign with regard to the modernization, employment, doctrine, or force posture of the nuclear deterrent or missile defense. (c) Content of Notification.--Each notification required by subsection (b) shall include information concerning actions taken by the United States to expose or halt an attempt referred to in subsection (b). SEC. 705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND CONSULAR PERSONNEL OF THE RUSSIAN FEDERATION IN THE UNITED STATES. In carrying out the advance notification requirements set out in section 502 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat. 825; 22 U.S.C. 254a note), the Secretary of State shall-- (1) ensure that the Russian Federation provides notification to the Secretary of State at least 2 business days in advance of all travel that is subject to such requirements by accredited diplomatic and consular personnel of the Russian Federation in the United States, and take necessary action to secure full compliance by Russian personnel and address any noncompliance; and (2) provide notice of travel described in paragraph (1) to the Director of National Intelligence and the Director of the Federal Bureau of Investigation within 1 hour of receiving notice of such travel. SEC. 706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS FROM UNITED STATES ADVERSARIES TO THE UNITED STATES TECHNOLOGY SECTOR. (a) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (3) the Committee on Armed Services, Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives. (b) 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 appropriate committees of Congress a report detailing outreach by the intelligence community and the Defense Intelligence Enterprise to United States industrial, commercial, scientific, technical, and academic communities on matters relating to the efforts of adversaries of the United States to acquire critical United States technology, intellectual property, and research and development information. (c) Contents.--The report required by subsection (b) shall include the following: (1) A review of the current outreach efforts of the intelligence community and the Defense Intelligence Enterprise described in subsection (b), including the type of information conveyed in the outreach. (2) A determination of the appropriate element of the intelligence community to lead such outreach efforts. (3) An assessment of potential methods for improving the effectiveness of such outreach, including an assessment of the following: (A) Those critical technologies, infrastructure, or related supply chains that are at risk from the efforts of adversaries described in subsection (b). (B) The necessity and advisability of granting security clearances to company or community leadership, when necessary and appropriate, to allow for tailored classified briefings on specific targeted threats. (C) The advisability of partnering with entities of the Federal Government that are not elements of the intelligence community and relevant regulatory and industry groups described in subsection (b), to convey key messages across sectors targeted by United States adversaries. (D) Strategies to assist affected elements of the communities described in subparagraph (C) in mitigating, deterring, and protecting against the broad range of threats from the efforts of adversaries described in subsection (b), with focus on producing information that enables private entities to justify business decisions related to national security concerns. (E) The advisability of the establishment of a United States Government-wide task force to coordinate outreach and activities to combat the threats from efforts of adversaries described in subsection (b). (F) Such other matters as the Director of National Intelligence may consider necessary. (d) Consultation Encouraged.--In preparing the report required by subsection (b), the Director is encouraged to consult with other government agencies, think tanks, academia, representatives of the financial industry, or such other entities as the Director considers appropriate. (e) Form.--The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex as necessary. SEC. 707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA AND LEBANON. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Arms or related material.--The term ``arms or related material'' means-- (A) nuclear, biological, chemical, or radiological weapons or materials or components of such weapons; (B) ballistic or cruise missile weapons or materials or components of such weapons; (C) destabilizing numbers and types of advanced conventional weapons; (D) defense articles or defense services, as those terms are defined in paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act (22 U.S.C. 2794); (E) defense information, as that term is defined in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); or (F) items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). (b) 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 appropriate committees of Congress a report on Iranian support of proxy forces in Syria and Lebanon and the threat posed to Israel, other United States regional allies, and other specified interests of the United States as a result of such support. (c) Matters for Inclusion.--The report required under subsection (b) shall include information relating to the following matters with respect to both the strategic and tactical implications for the United States and its allies: (1) A description of arms or related materiel transferred by Iran to Hizballah since March 2011, including the number of such arms or related materiel and whether such transfer was by land, sea, or air, as well as financial and additional technological capabilities transferred by Iran to Hizballah. (2) A description of Iranian and Iranian-controlled personnel, including Hizballah, Shiite militias, and Iran's Revolutionary Guard Corps forces, operating within Syria, including the number and geographic distribution of such personnel operating within 30 kilometers of the Israeli borders with Syria and Lebanon. (3) An assessment of Hizballah's operational lessons learned based on its recent experiences in Syria. (4) A description of any rocket-producing facilities in Lebanon for nonstate actors, including whether such facilities were assessed to be built at the direction of Hizballah leadership, Iranian leadership, or in consultation between Iranian leadership and Hizballah leadership. (5) An analysis of the foreign and domestic supply chains that significantly facilitate, support, or otherwise aid Hizballah's acquisition or development of missile production facilities, including the geographic distribution of such foreign and domestic supply chains. (6) An assessment of the provision of goods, services, or technology transferred by Iran or its affiliates to Hizballah to indigenously manufacture or otherwise produce missiles. (7) An identification of foreign persons that are based on credible information, facilitating the transfer of significant financial support or arms or related materiel to Hizballah. (8) A description of the threat posed to Israel and other United States allies in the Middle East by the transfer of arms or related material or other support offered to Hizballah and other proxies from Iran. (d) Form of Report.--The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex. SEC. 708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING FOREIGN MILITARY AND TERRORIST ACTIVITIES. (a) Annual Report Required.--Not later than 90 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Director of National Intelligence shall submit to Congress a report describing Iranian expenditures in the previous calendar year on military and terrorist activities outside the country, including each of the following: (1) The amount spent in such calendar year on activities by the Islamic Revolutionary Guard Corps, including activities providing support for-- (A) Hizballah; (B) Houthi rebels in Yemen; (C) Hamas; (D) proxy forces in Iraq and Syria; or (E) any other entity or country the Director determines to be relevant. (2) The amount spent in such calendar year for ballistic missile research and testing or other activities that the Director determines are destabilizing to the Middle East region. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES AND REPORT ON ESTABLISHMENT OF FOREIGN MALIGN INFLUENCE CENTER. (a) Scope of Committee to Counter Active Measures.-- (1) In general.--Section 501 of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50 U.S.C. 3001 note) is amended-- (A) in subsections (a) through (h)-- (i) by inserting ``, the People's Republic of China, the Islamic Republic of Iran, the [[Page S3796]] Democratic People's Republic of Korea, or other nation state'' after ``Russian Federation'' each place it appears; and (ii) by inserting ``, China, Iran, North Korea, or other nation state'' after ``Russia'' each place it appears; and (B) in the section heading, by inserting ``, the people's republic of china, the islamic republic of iran, the democratic people's republic of korea, or other nation state'' after ``russian federation''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 501 and inserting the following new item: ``Sec. 501. Committee to counter active measures by the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, and other nation states to exert covert influence over peoples and governments.''. (b) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with such elements of the intelligence community as the Director considers relevant, shall submit to the congressional intelligence committees a report on the feasibility and advisability of establishing a center, to be known as the ``Foreign Malign Influence Response Center'', that-- (A) is comprised of analysts from all appropriate elements of the intelligence community, including elements with related diplomatic and law enforcement functions; (B) has access to all intelligence and other reporting acquired by the United States Government on foreign efforts to influence, through overt and covert malign activities, United States political processes and elections; (C) provides comprehensive assessment, and indications and warning, of such activities; and (D) provides for enhanced dissemination of such assessment to United States policy makers. (2) Contents.--The Report required by paragraph (1) shall include the following: (A) A discussion of the desirability of the establishment of such center and any barriers to such establishment. (B) Such recommendations and other matters as the Director considers appropriate. Subtitle B--Reports SEC. 711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY. Section 11001(d) of title 5, United States Code, is amended-- (1) in the subsection heading, by striking ``Audit'' and inserting ``Review''; (2) in paragraph (1), by striking ``audit'' and inserting ``review''; and (3) in paragraph (2), by striking ``audit'' and inserting ``review''. SEC. 712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Homeland Security of the House of Representatives. (2) Homeland security intelligence enterprise.--The term ``Homeland Security Intelligence Enterprise'' has the meaning given such term in Department of Homeland Security Instruction Number 264-01-001, or successor authority. (b) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Under Secretary of Homeland Security for Intelligence and Analysis, shall submit to the appropriate committees of Congress a report on the authorities of the Under Secretary. (c) Elements.--The report required by subsection (b) shall include each of the following: (1) An analysis of whether the Under Secretary has the legal and policy authority necessary to organize and lead the Homeland Security Intelligence Enterprise, with respect to intelligence, and, if not, a description of-- (A) the obstacles to exercising the authorities of the Chief Intelligence Officer of the Department and the Homeland Security Intelligence Council, of which the Chief Intelligence Officer is the chair; and (B) the legal and policy changes necessary to effectively coordinate, organize, and lead intelligence activities of the Department of Homeland Security. (2) A description of the actions that the Secretary has taken to address the inability of the Under Secretary to require components of the Department, other than the Office of Intelligence and Analysis of the Department to-- (A) coordinate intelligence programs; and (B) integrate and standardize intelligence products produced by such other components. SEC. 713. REPORT ON CYBER EXCHANGE PROGRAM. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the potential establishment of a fully voluntary exchange program between elements of the intelligence community and private technology companies under which-- (1) an employee of an element of the intelligence community with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to a private technology company that has elected to receive the detailee; and (2) an employee of a private technology company with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to an element of the intelligence community that has elected to receive the detailee. (b) Elements.--The report under subsection (a) shall include the following: (1) An assessment of the feasibility of establishing the exchange program described in such subsection. (2) Identification of any challenges in establishing the exchange program. (3) An evaluation of the benefits to the intelligence community that would result from the exchange program. SEC. 714. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS. (a) Review of Whistleblower Matters.--The Inspector General of the Intelligence Community, in consultation with the inspectors general for the Central Intelligence Agency, the National Security Agency, the National Geospatial- Intelligence Agency, the Defense Intelligence Agency, and the National Reconnaissance Office, shall conduct a review of the authorities, policies, investigatory standards, and other practices and procedures relating to intelligence community whistleblower matters, with respect to such inspectors general. (b) Objective of Review.--The objective of the review required under subsection (a) is to identify any discrepancies, inconsistencies, or other issues, which frustrate the timely and effective reporting of intelligence community whistleblower matters to appropriate inspectors general and to the congressional intelligence committees, and the fair and expeditious investigation and resolution of such matters. (c) Conduct of Review.--The Inspector General of the Intelligence Community shall take such measures as the Inspector General determines necessary in order to ensure that the review required by subsection (a) is conducted in an independent and objective fashion. (d) Report.--Not later than 270 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 written report containing the results of the review required under subsection (a), along with recommendations to improve the timely and effective reporting of intelligence community whistleblower matters to inspectors general and to the congressional intelligence committees and the fair and expeditious investigation and resolution of such matters. SEC. 715. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH RESPECT TO CERTAIN FOREIGN INVESTMENTS. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the congressional intelligence committees a report on the role of the Director in preparing analytic materials in connection with the evaluation by the Federal Government of national security risks associated with potential foreign investments into the United States. (b) Elements.--The report under subsection (a) shall include-- (1) a description of the current process for the provision of the analytic materials described in subsection (a); (2) an identification of the most significant benefits and drawbacks of such process with respect to the role of the Director, including the sufficiency of resources and personnel to prepare such materials; and (3) recommendations to improve such process. SEC. 716. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST UNITED STATES TELECOMMUNICATIONS NETWORKS. (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 the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) The Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security, submit to the appropriate congressional committees a report describing-- (1) any attempts known to the intelligence community by foreign governments to exploit cybersecurity vulnerabilities in United [[Page S3797]] States telecommunications networks (including Signaling System No. 7) to target for surveillance United States persons, including employees of the Federal Government; and (2) any actions, as of the date of the enactment of this Act, taken by the intelligence community to protect agencies and personnel of the United States Government from surveillance conducted by foreign governments. SEC. 717. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS. (a) Intelligence Community Interagency Working Group.-- (1) Requirement to establish.--The Director of National Intelligence shall establish an intelligence community interagency working group to prepare the biennial reports required by subsection (b). (2) Chairperson.--The Director of National Intelligence shall serve as the chairperson of such interagency working group. (3) Membership.--Such interagency working group shall be composed of representatives of each element of the intelligence community that the Director of National Intelligence determines appropriate. (b) Biennial Report on Foreign Investment Risks.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 2 years thereafter, 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 Homeland Security of the House of Representatives a report on foreign investment risks prepared by the interagency working group established under subsection (a). (2) Elements.--Each report required by paragraph (1) shall include identification, analysis, and explanation of the following: (A) Any current or projected major threats to the national security of the United States with respect to foreign investment. (B) Any strategy used by a foreign country that such interagency working group has identified to be a country of special concern to use foreign investment to target the acquisition of critical technologies, critical materials, or critical infrastructure. (C) Any economic espionage efforts directed at the United States by a foreign country, particularly such a country of special concern. SEC. 718. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF FOREIGN DIPLOMATS. Section 502(d)(2) of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115-31) is amended by striking ``the number'' and inserting ``a best estimate''. SEC. 719. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION. (a) 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. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION. ``(a) Definitions.--In this section: ``(1) Covered official.--The term `covered official' means-- ``(A) the heads of each element of the intelligence community; and ``(B) the inspectors general with oversight responsibility for an element of the intelligence community. ``(2) Investigation.--The term `investigation' means any inquiry, whether formal or informal, into the existence of an unauthorized public disclosure of classified information. ``(3) Unauthorized disclosure of classified information.-- The term `unauthorized disclosure of classified information' means any unauthorized disclosure of classified information to any recipient. ``(4) Unauthorized public disclosure of classified information.--The term `unauthorized public disclosure of classified information' means the unauthorized disclosure of classified information to a journalist or media organization. ``(b) Intelligence Community Reporting.-- ``(1) In general.--Not less frequently than once every 6 months, each covered official shall submit to the congressional intelligence committees a report on investigations of unauthorized public disclosures of classified information. ``(2) Elements.--Each report submitted under paragraph (1) shall include, with respect to the preceding 6-month period, the following: ``(A) The number of investigations opened by the covered official regarding an unauthorized public disclosure of classified information. ``(B) The number of investigations completed by the covered official regarding an unauthorized public disclosure of classified information. ``(C) Of the number of such completed investigations identified under subparagraph (B), the number referred to the Attorney General for criminal investigation. ``(c) Department of Justice Reporting.-- ``(1) In general.--Not less frequently than once every 6 months, the Assistant Attorney General for National Security of the Department of Justice, in consultation with the Director of the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the status of each referral made to the Department of Justice from any element of the intelligence community regarding an unauthorized disclosure of classified information made during the most recent 365-day period or any referral that has not yet been closed, regardless of the date the referral was made. ``(2) Contents.--Each report submitted under paragraph (1) shall include, for each referral covered by the report, at a minimum, the following: ``(A) The date the referral was received. ``(B) A statement indicating whether the alleged unauthorized disclosure described in the referral was substantiated by the Department of Justice. ``(C) A statement indicating the highest level of classification of the information that was revealed in the unauthorized disclosure. ``(D) A statement indicating whether an open criminal investigation related to the referral is active. ``(E) A statement indicating whether any criminal charges have been filed related to the referral. ``(F) A statement indicating whether the Department of Justice has been able to attribute the unauthorized disclosure to a particular entity or individual. ``(d) Form of Reports.--Each report submitted under this section shall be submitted in unclassified form, but may have a classified annex.''. (b) Clerical Amendment.--The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 1104 the following new item: ``Sec. 1105. Semiannual reports on investigations of unauthorized disclosures of classified information.''. SEC. 720. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED INTELLIGENCE OFFICER AS PERSONA NON GRATA. (a) Covered Intelligence Officer Defined.--In this section, the term ``covered intelligence officer'' means-- (1) a United States intelligence officer serving in a post in a foreign country; or (2) a known or suspected foreign intelligence officer serving in a United States post. (b) Requirement for Reports.--Not later than 72 hours after a covered intelligence officer is designated as a persona non grata, the Director of National Intelligence, in consultation with the Secretary of State, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification of that designation. Each such notification shall include-- (1) the date of the designation; (2) the basis for the designation; and (3) a justification for the expulsion. SEC. 721. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT. (a) Definitions.--In this section: (1) Vulnerabilities equities policy and process document.-- The term ``Vulnerabilities Equities Policy and Process document'' means the executive branch document entitled ``Vulnerabilities Equities Policy and Process'' dated November 15, 2017. (2) Vulnerabilities equities process.--The term ``Vulnerabilities Equities Process'' means the interagency review of vulnerabilities, pursuant to the Vulnerabilities Equities Policy and Process document or any successor document. (3) Vulnerability.--The term ``vulnerability'' means a weakness in an information system or its components (for example, system security procedures, hardware design, and internal controls) that could be exploited or could affect confidentiality, integrity, or availability of information. (b) Reports on Process and Criteria Under Vulnerabilities Equities Policy and Process.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a written report describing-- (A) with respect to each element of the intelligence community-- (i) the title of the official or officials responsible for determining whether, pursuant to criteria contained in the Vulnerabilities Equities Policy and Process document or any successor document, a vulnerability must be submitted for review under the Vulnerabilities Equities Process; and (ii) the process used by such element to make such determination; and (B) the roles or responsibilities of that element during a review of a vulnerability submitted to the Vulnerabilities Equities Process. (2) Changes to process or criteria.--Not later than 30 days after any significant change is made to the process and criteria used by any element of the intelligence community for determining whether to submit a vulnerability for review under the Vulnerabilities Equities Process, such element shall submit to the congressional intelligence committees a report describing such change. [[Page S3798]] (3) Form of reports.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. (c) Annual Reports.-- (1) In general.--Not less frequently than once each calendar year, the Director of National Intelligence shall submit to the congressional intelligence committees a classified report containing, with respect to the previous year-- (A) the number of vulnerabilities submitted for review under the Vulnerabilities Equities Process; (B) the number of vulnerabilities described in subparagraph (A) disclosed to each vendor responsible for correcting the vulnerability, or to the public, pursuant to the Vulnerabilities Equities Process; and (C) the aggregate number, by category, of the vulnerabilities excluded from review under the Vulnerabilities Equities Process, as described in paragraph 5.4 of the Vulnerabilities Equities Policy and Process document. (2) Unclassified information.--Each report submitted under paragraph (1) shall include an unclassified appendix that contains-- (A) the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process; and (B) the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process known to have been patched. (3) Non-duplication.--The Director of National Intelligence may forgo submission of an annual report required under this subsection for a calendar year, if the Director notifies the intelligence committees in writing that, with respect to the same calendar year, an annual report required by paragraph 4.3 of the Vulnerabilities Equities Policy and Process document already has been submitted to Congress, and such annual report contains the information that would otherwise be required to be included in an annual report under this subsection. SEC. 722. INSPECTORS GENERAL REPORTS ON CLASSIFICATION. (a) Reports Required.--Not later than October 1, 2019, each Inspector General listed in subsection (b) shall submit to the congressional intelligence committees a report that includes, with respect to the department or agency of the Inspector General, analyses of the following: (1) The accuracy of the application of classification and handling markers on a representative sample of finished reports, including such reports that are compartmented. (2) Compliance with declassification procedures. (3) The effectiveness of processes for identifying topics of public or historical importance that merit prioritization for a declassification review. (b) Inspectors General Listed.--The Inspectors General listed in this subsection are as follows: (1) The Inspector General of the Intelligence Community. (2) The Inspector General of the Central Intelligence Agency. (3) The Inspector General of the National Security Agency. (4) The Inspector General of the Defense Intelligence Agency. (5) The Inspector General of the National Reconnaissance Office. (6) The Inspector General of the National Geospatial- Intelligence Agency. SEC. 723. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL SECURITY IMPLICATIONS AND BRIEFING ON EMERGING INFECTIOUS DISEASE AND PANDEMICS. (a) Reports on Global Water Insecurity and National Security Implications.-- (1) Reports required.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the implications of water insecurity on the national security interest of the United States, including consideration of social, economic, agricultural, and environmental factors. (2) Assessment scope and focus.--Each report submitted under paragraph (1) shall include an assessment of water insecurity described in such subsection with a global scope, but focus on areas of the world-- (A) of strategic, economic, or humanitarian interest to the United States-- (i) that are, as of the date of the report, at the greatest risk of instability, conflict, human insecurity, or mass displacement; or (ii) where challenges relating to water insecurity are likely to emerge and become significant during the 5-year or the 20-year period beginning on the date of the report; and (B) where challenges relating to water insecurity are likely to imperil the national security interests of the United States or allies of the United States. (3) Consultation.--In researching a report required by paragraph (1), the Director shall consult with-- (A) such stakeholders within the intelligence community, the Department of Defense, and the Department of State as the Director considers appropriate; and (B) such additional Federal agencies and persons in the private sector as the Director considers appropriate. (4) Form.--Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Briefing on Emerging Infectious Disease and Pandemics.-- (1) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and (C) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. (2) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the appropriate congressional committees a briefing on the anticipated geopolitical effects of emerging infectious disease (including deliberate, accidental, and naturally occurring infectious disease threats) and pandemics, and their implications on the national security of the United States. (3) Content.--The briefing under paragraph (2) shall include an assessment of-- (A) the economic, social, political, and security risks, costs, and impacts of emerging infectious diseases on the United States and the international political and economic system; (B) the economic, social, political, and security risks, costs, and impacts of a major transnational pandemic on the United States and the international political and economic system; and (C) contributing trends and factors to the matters assessed under subparagraphs (A) and (B). (4) Examination of response capacity.--In examining the risks, costs, and impacts of emerging infectious disease and a possible transnational pandemic under paragraph (3), the Director of National Intelligence shall also examine in the briefing under paragraph (2) the response capacity within affected countries and the international system. In considering response capacity, the Director shall include-- (A) the ability of affected nations to effectively detect and manage emerging infectious diseases and a possible transnational pandemic; (B) the role and capacity of international organizations and nongovernmental organizations to respond to emerging infectious disease and a possible pandemic, and their ability to coordinate with affected and donor nations; and (C) the effectiveness of current international frameworks, agreements, and health systems to respond to emerging infectious diseases and a possible transnational pandemic. (5) Form.--The briefing under paragraph (2) may be classified. 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. Section 311 of the Intelligence Authorization Act for Fiscal Year 2017 (50 U.S.C. 3313) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by striking subsection (a) and inserting the following: ``(a) In General.--Each year, concurrent with the annual budget request submitted by the President to Congress under section 1105 of title 31, United States Code, each head of an element of the intelligence community shall submit to the congressional intelligence committees a report that lists each memorandum of understanding or other agreement regarding significant operational activities or policy entered into during the most recently completed fiscal year between or among such element and any other entity of the United States Government. ``(b) Provision of Documents.--Each head of an element of an intelligence community who receives a request from the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a memorandum of understanding or other document listed in a report submitted by the head under subsection (a) shall submit to such committee the requested copy as soon as practicable after receiving such request.''. SEC. 725. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED WIRELINE AND WIRELESS TELEPHONE CALLS. (a) Study Required.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall complete a study on the feasibility of encrypting unclassified wireline and wireless telephone calls between personnel in the intelligence community. (b) Report.--Not later than 90 days after the date on which the Director completes the study required by subsection (a), the Director shall submit to the congressional intelligence committees a report on the Director's findings with respect to such study. [[Page S3799]] SEC. 726. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES. (a) Expansion of Period of Report.--Subsection (a) of section 114 of the National Security Act of 1947 (50 U.S.C. 3050) is amended by inserting ``and the preceding 5 fiscal years'' after ``fiscal year''. (b) Clarification on Disaggregation of Data.--Subsection (b) of such section is amended, in the matter before paragraph (1), by striking ``disaggregated data by category of covered person from each element of the intelligence community'' and inserting ``data, disaggregated by category of covered person and by element of the intelligence community,''. SEC. 727. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED PROGRAMS. (a) Sense of Congress.--It is the sense of Congress that-- (1) there should be established, through the issuing of an Intelligence Community Directive or otherwise, an intelligence community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, for employees of the intelligence community; (2) creating such a program would enhance the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions; (3) such a program, including with respect to eligibility requirements, should be designed so as to maximize the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions; and (4) to the extent possible, such a program should be uniform throughout the intelligence community and publicly promoted by each element of the intelligence community to both current employees of the element as well as to prospective employees of the element. (b) Report on Potential Intelligence Community-wide Program.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in cooperation with the heads of the elements of the intelligence community and the heads of any other appropriate department or agency of the Federal Government, shall submit to the congressional intelligence committees a report on potentially establishing and carrying out an intelligence community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, as described in subsection (a). (2) Matters included.--The report under paragraph (1) shall include, at a minimum, the following: (A) A description of the financial resources that the elements of the intelligence community would require to establish and initially carry out the program specified in paragraph (1). (B) A description of the practical steps to establish and carry out such a program. (C) The identification of any legislative action the Director determines necessary to establish and carry out such a program. (c) Annual Reports on Established Programs.-- (1) Covered programs defined.--In this subsection, the term ``covered programs'' means any loan repayment program, loan forgiveness program, financial counseling program, or similar program, established pursuant to title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other provision of law that may be administered or used by an element of the intelligence community. (2) Annual reports required.--Not less frequently than once each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the covered programs. Each such report shall include, with respect to the period covered by the report, the following: (A) The number of personnel from each element of the intelligence community who used each covered program. (B) The total amount of funds each element expended for each such program. (C) A description of the efforts made by each element to promote each covered program pursuant to both the personnel of the element of the intelligence community and to prospective personnel. SEC. 728. REPEAL OF CERTAIN REPORTING REQUIREMENTS. (a) Correcting Long-standing Material Weaknesses.--Section 368 of the Intelligence Authorization Act for Fiscal Year 2010 (Public Law 110-259; 50 U.S.C. 3051 note) is hereby repealed. (b) Interagency Threat Assessment and Coordination Group.-- Section 210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended-- (1) by striking subsection (c); and (2) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively; and (3) in subsection (c), as so redesignated-- (A) in paragraph (8), by striking ``; and'' and inserting a period; and (B) by striking paragraph (9). (c) Inspector General Report.--Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by striking subsection (g); and (2) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. SEC. 729. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (a) Senior Executive Service Position Defined.--In this section, the term ``Senior Executive Service position'' has the meaning given that term in section 3132(a)(2) of title 5, United States Code, and includes any position above the GS- 15, step 10, level of the General Schedule under section 5332 of such title. (b) Report.--Not later than 90 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 report on the number of Senior Executive Service positions in the Office of the Director of National Intelligence. (c) Matters Included.--The report under subsection (b) shall include the following: (1) The number of required Senior Executive Service positions for the Office of the Director of National Intelligence. (2) Whether such requirements are reasonably based on the mission of the Office. (3) A discussion of how the number of the Senior Executive Service positions in the Office compare to the number of senior positions at comparable organizations. (d) Cooperation.--The Director of National Intelligence shall provide to the Inspector General of the Intelligence Community any information requested by the Inspector General of the Intelligence Community that is necessary to carry out this section by not later than 14 calendar days after the date on which the Inspector General of the Intelligence Community makes such request. SEC. 730. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION OFFERING PERMANENT RESIDENCE TO SOURCES AND COOPERATORS. Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees a briefing on the ability of the Federal Bureau of Investigation to offer, as an inducement to assisting the Bureau, permanent residence within the United States to foreign individuals who are sources or cooperators in counterintelligence or other national security-related investigations. The briefing shall address the following: (1) The extent to which the Bureau may make such offers, whether independently or in conjunction with other agencies and departments of the United States Government, including a discussion of the authorities provided by section 101(a)(15)(S) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)), section 7 of the Central Intelligence Agency Act (50 U.S.C. 3508), and any other provision of law under which the Bureau may make such offers. (2) An overview of the policies and operational practices of the Bureau with respect to making such offers. (3) The sufficiency of such policies and practices with respect to inducing individuals to cooperate with, serve as sources for such investigations, or both. (4) Whether the Director recommends any legislative actions to improve such policies and practices, particularly with respect to the counterintelligence efforts of the Bureau. SEC. 731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES. (a) Assessment Required.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Assistant Secretary of State for Intelligence and Research and the Assistant Secretary of the Treasury for Intelligence and Analysis, shall produce an intelligence assessment of the revenue sources of the North Korean regime. Such assessment shall include revenue from the following sources: (1) Trade in coal, iron, and iron ore. (2) The provision of fishing rights to North Korean territorial waters. (3) Trade in gold, titanium ore, vanadium ore, copper, silver, nickel, zinc, or rare earth minerals, and other stores of value. (4) Trade in textiles. (5) Sales of conventional defense articles and services. (6) Sales of controlled goods, ballistic missiles, and other associated items. (7) Other types of manufacturing for export, as the Director of National Intelligence considers appropriate. (8) The exportation of workers from North Korea in a manner intended to generate significant revenue, directly or indirectly, for use by the government of North Korea. (9) The provision of nonhumanitarian goods (such as food, medicine, and medical devices) and services by other countries. (10) The provision of services, including banking and other support, including by entities located in the Russian Federation, China, and Iran. (11) Online commercial activities of the Government of North Korea, including online gambling. (12) Criminal activities, including cyber-enabled crime and counterfeit goods. (b) Elements.--The assessment required under subsection (a) shall include an identification of each of the following: (1) The sources of North Korea's funding. (2) Financial and non-financial networks, including supply chain management, transportation, and facilitation, through which [[Page S3800]] North Korea accesses the United States and international financial systems and repatriates and exports capital, goods, and services; and (3) the global financial institutions, money services business, and payment systems that assist North Korea with financial transactions. (c) Submittal to Congress.--Upon completion of the assessment required under subsection (a), the Director of National Intelligence shall submit to the congressional intelligence committees a copy of such assessment. SEC. 732. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY TERRORIST ACTORS. (a) Short Title.--This section may be cited as the ``Stop Terrorist Use of Virtual Currencies Act''. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of the Treasury, shall submit to Congress a report on the possible exploitation of virtual currencies by terrorist actors. Such report shall include the following elements: (1) An assessment of the means and methods by which international terrorist organizations and State sponsors of terrorism use virtual currencies. (2) An assessment of the use by terrorist organizations and State sponsors of terrorism of virtual currencies compared to the use by such organizations and States of other forms of financing to support operations, including an assessment of the collection posture of the intelligence community on the use of virtual currencies by such organizations and States. (3) A description of any existing legal impediments that inhibit or prevent the intelligence community from collecting information on or helping prevent the use of virtual currencies by international terrorist organizations and State sponsors of terrorism and an identification of any gaps in existing law that could be exploited for illicit funding by such organizations and States. (c) Form of Report.--The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. Subtitle C--Other Matters SEC. 741. PUBLIC INTEREST DECLASSIFICATION BOARD. Section 710(b) of the Public Interest Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking ``December 31, 2018'' and inserting ``December 31, 2028''. SEC. 742. SECURING ENERGY INFRASTRUCTURE. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate; and (C) the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives. (2) Covered entity.--The term ``covered entity'' means an entity identified pursuant to section 9(a) of Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security. (3) Exploit.--The term ``exploit'' means a software tool designed to take advantage of a security vulnerability. (4) Industrial control system.--The term ``industrial control system'' means an operational technology used to measure, control, or manage industrial functions, and includes supervisory control and data acquisition systems, distributed control systems, and programmable logic or embedded controllers. (5) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (6) Program.--The term ``Program'' means the pilot program established under subsection (b). (7) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Energy. (8) Security vulnerability.--The term ``security vulnerability'' means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control. (b) Pilot Program for Securing Energy Infrastructure.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a 2-year control systems implementation pilot program within the National Laboratories for the purposes of-- (1) partnering with covered entities in the energy sector (including critical component manufacturers in the supply chain) that voluntarily participate in the Program to identify new classes of security vulnerabilities of the covered entities; and (2) evaluating technology and standards, in partnership with covered entities, to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities, including-- (A) analog and nondigital control systems; (B) purpose-built control systems; and (C) physical controls. (c) Working Group to Evaluate Program Standards and Develop Strategy.-- (1) Establishment.--The Secretary shall establish a working group-- (A) to evaluate the technology and standards used in the Program under subsection (b)(2); and (B) to develop a national cyber-informed engineering strategy to isolate and defend covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities. (2) Membership.--The working group established under paragraph (1) shall be composed of not fewer than 10 members, to be appointed by the Secretary, at least 1 member of which shall represent each of the following: (A) The Department of Energy. (B) The energy industry, including electric utilities and manufacturers recommended by the Energy Sector coordinating councils. (C)(i) The Department of Homeland Security; or (ii) the Industrial Control Systems Cyber Emergency Response Team. (D) The North American Electric Reliability Corporation. (E) The Nuclear Regulatory Commission. (F)(i) The Office of the Director of National Intelligence; or (ii) the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). (G)(i) The Department of Defense; or (ii) the Assistant Secretary of Defense for Homeland Security and America's Security Affairs. (H) A State or regional energy agency. (I) A national research body or academic institution. (J) The National Laboratories. (d) Reports on the Program.-- (1) Interim report.--Not later than 180 days after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate congressional committees an interim report that-- (A) describes the results of the Program; (B) includes an analysis of the feasibility of each method studied under the Program; and (C) describes the results of the evaluations conducted by the working group established under subsection (c)(1). (2) Final report.--Not later than 2 years after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate congressional committees a final report that-- (A) describes the results of the Program; (B) includes an analysis of the feasibility of each method studied under the Program; and (C) describes the results of the evaluations conducted by the working group established under subsection (c)(1). (e) Exemption From Disclosure.--Information shared by or with the Federal Government or a State, Tribal, or local government under this section-- (1) shall be deemed to be voluntarily shared information; (2) shall be exempt from disclosure under section 552 of title 5, United States Code, or any provision of any State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records; and (3) shall be withheld from the public, without discretion, under section 552(b)(3) of title 5, United States Code, and any provision of any State, Tribal, or local law requiring the disclosure of information or records. (f) Protection From Liability.-- (1) In general.--A cause of action against a covered entity for engaging in the voluntary activities authorized under subsection (b)-- (A) shall not lie or be maintained in any court; and (B) shall be promptly dismissed by the applicable court. (2) Voluntary activities.--Nothing in this section subjects any covered entity to liability for not engaging in the voluntary activities authorized under subsection (b). (g) No New Regulatory Authority for Federal Agencies.-- Nothing in this section authorizes the Secretary or the head of any other department or agency of the Federal Government to issue new regulations. (h) Authorization of Appropriations.-- (1) Pilot program.--There is authorized to be appropriated $10,000,000 to carry out subsection (b). (2) Working group and report.--There is authorized to be appropriated $1,500,000 to carry out subsections (c) and (d). (3) Availability.--Amounts made available under paragraphs (1) and (2) shall remain available until expended. SEC. 743. BUG BOUNTY PROGRAMS. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the congressional intelligence committees; (B) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. (2) Bug bounty program.--The term ``bug bounty program'' means a program under which an approved computer security specialist or security researcher is temporarily [[Page S3801]] authorized to identify and report vulnerabilities within the information system of an agency or department of the United States in exchange for compensation. (3) Information system.--The term ``information system'' has the meaning given that term in section 3502 of title 44, United States Code. (b) Bug Bounty Program Plan.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to appropriate committees of Congress a strategic plan for appropriate agencies and departments of the United States to implement bug bounty programs. (2) Contents.--The plan required by paragraph (1) shall include-- (A) an assessment of-- (i) the ``Hack the Pentagon'' pilot program carried out by the Department of Defense in 2016 and subsequent bug bounty programs in identifying and reporting vulnerabilities within the information systems of the Department of Defense; and (ii) private sector bug bounty programs, including such programs implemented by leading technology companies in the United States; and (B) recommendations on the feasibility of initiating bug bounty programs at appropriate agencies and departments of the United States. SEC. 744. MODIFICATION OF AUTHORITIES RELATING TO THE NATIONAL INTELLIGENCE UNIVERSITY. (a) Civilian Faculty Members; Employment and Compensation.-- (1) In general.--Section 1595(c) of title 10, United States Code, is amended by adding at the end the following: ``(5) The National Intelligence University.''. (2) Compensation plan.--The Secretary of Defense shall provide each person employed as a full-time professor, instructor, or lecturer at the National Intelligence University on the date of the enactment of this Act an opportunity to elect to be paid under the compensation plan in effect on the day before the date of the enactment of this Act (with no reduction in pay) or under the authority of section 1595 of title 10, United States Code, as amended by paragraph (1). (b) Acceptance of Faculty Research Grants.--Section 2161 of such title is amended by adding at the end the following: ``(d) Acceptance of Faculty Research Grants.--The Secretary of Defense may authorize the President of the National Intelligence University to accept qualifying research grants in the same manner and to the same degree as the President of the National Defense University under section 2165(e) of this title.''. (c) Pilot Program on Admission of Private Sector Civilians to Receive Instruction.-- (1) Pilot program required.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a pilot program to assess the feasability and advisability of permitting eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Intelligence University. (B) Duration.--The Secretary shall carry out the pilot program during the 3-year period beginning on the date of the commencement of the pilot program. (C) Existing program.--The Secretary shall carry out the pilot program in a manner that is consistent with section 2167 of title 10, United States Code. (D) Number of participants.--No more than the equivalent of 35 full-time student positions may be filled at any one time by private sector employees enrolled under the pilot program. (E) Diplomas and degrees.--Upon successful completion of the course of instruction in which enrolled, any such private sector employee may be awarded an appropriate diploma or degree under section 2161 of title 10, United States Code. (2) Eligible private sector employees.-- (A) In general.--For purposes of this subsection, an eligible private sector employee is an individual employed by a private firm that is engaged in providing to the Department of Defense, the intelligence community, or other Government departments or agencies significant and substantial intelligence or defense-related systems, products, or services or whose work product is relevant to national security policy or strategy. (B) Limitation.--Under this subsection, a private sector employee admitted for instruction at the National Intelligence University remains eligible for such instruction only so long as that person remains employed by the same firm, holds appropriate security clearances, and complies with any other applicable security protocols. (3) Annual certification by secretary of defense.--Under the pilot program, private sector employees may receive instruction at the National Intelligence University during any academic year only if, before the start of that academic year, the Secretary of Defense determines, and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under this section during that year will further the national security interests of the United States. (4) Pilot program requirements.--The Secretary of Defense shall ensure that-- (A) the curriculum in which private sector employees may be enrolled under the pilot program is not readily available through other schools and concentrates on national security- relevant issues; and (B) the course offerings at the National Intelligence University are determined by the needs of the Department of Defense and the intelligence community. (5) Tuition.--The President of the National Intelligence University shall charge students enrolled under the pilot program a rate that-- (A) is at least the rate charged for employees of the United States outside the Department of Defense, less infrastructure costs; and (B) considers the value to the school and course of the private sector student. (6) Standards of conduct.--While receiving instruction at the National Intelligence University, students enrolled under the pilot program, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the university. (7) Use of funds.-- (A) In general.--Amounts received by the National Intelligence University for instruction of students enrolled under the pilot program shall be retained by the university to defray the costs of such instruction. (B) Records.--The source, and the disposition, of such funds shall be specifically identified in records of the university. (8) Reports.-- (A) Annual reports.--Each academic year in which the pilot program is carried out, the Secretary shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the number of eligible private sector employees participating in the pilot program. (B) Final report.--Not later than 90 days after the date of the conclusion of the pilot program, the Secretary shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. Such report shall include-- (i) the findings of the Secretary with respect to the feasability and advisability of permitting eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Intelligence University; and (ii) a recommendation as to whether the pilot program should be extended. SEC. 745. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947. (a) Table of Contents.--The table of contents at the beginning of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended-- (1) by inserting after the item relating to section 2 the following new item: ``Sec. 3. Definitions.''; (2) by striking the item relating to section 107; (3) by striking the item relating to section 113B and inserting the following new item: ``Sec. 113B. Special pay authority for science, technology, engineering, or mathematics positions.''; (4) by striking the items relating to sections 202, 203, 204, 208, 209, 210, 211, 212, 213, and 214; and (5) by inserting after the item relating to section 311 the following new item: ``Sec. 312. Repealing and saving provisions.''. (b) Other Technical Corrections.--Such Act is further amended-- (1) in section 102A-- (A) in subparagraph (G) of paragraph (1) of subsection (g), by moving the margins of such subparagraph 2 ems to the left; and (B) in paragraph (3) of subsection (v), by moving the margins of such paragraph 2 ems to the left; (2) in section 106-- (A) by inserting ``sec. 106'' before ``(a)''; and (B) in subparagraph (I) of paragraph (2) of subsection (b), by moving the margins of such subparagraph 2 ems to the left; (3) by striking section 107; (4) in section 108(c), by striking ``in both a classified and an unclassified form'' and inserting ``to Congress in classified form, but may include an unclassified summary''; (5) in section 112(c)(1), by striking ``section 103(c)(7)'' and inserting ``section 102A(i)''; (6) by amending section 201 to read as follows: ``SEC. 201. DEPARTMENT OF DEFENSE. ``Except to the extent inconsistent with the provisions of this Act or other provisions of law, the provisions of title 5, United States Code, shall be applicable to the Department of Defense.''; (7) in section 205, by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; (8) in section 206, by striking ``(a)''; (9) in section 207, by striking ``(c)''; (10) in section 308(a), by striking ``this Act'' and inserting ``sections 2, 101, 102, 103, and 303 of this Act''; (11) by redesignating section 411 as section 312; (12) in section 503-- (A) in paragraph (5) of subsection (c)-- (i) by moving the margins of such paragraph 2 ems to the left; and [[Page S3802]] (ii) by moving the margins of subparagraph (B) of such paragraph 2 ems to the left; and (B) in paragraph (2) of subsection (d), by moving the margins of such paragraph 2 ems to the left; and (13) in subparagraph (B) of paragraph (3) of subsection (a) of section 504, by moving the margins of such subparagraph 2 ems to the right. SEC. 746. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY. (a) National Nuclear Security Administration Act.--Section 3233(b) of the National Nuclear Security Administration Act (50 U.S.C. 2423(b)) is amended-- (1) by striking ``Administration'' and inserting ``Department''; and (2) by inserting ``Intelligence and'' after ``the Office of''. (b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting ``Intelligence and'' after ``The Director of''. (c) National Security Act of 1947.--Paragraph (2) of section 106(b) of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is amended-- (1) in subparagraph (E), by inserting ``and Counterintelligence'' after ``Office of Intelligence''; (2) by striking subparagraph (F); (3) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), (G), and (H), respectively; and (4) in subparagraph (H), as so redesignated, by realigning the margin of such subparagraph 2 ems to the left. SEC. 747. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF CLASSIFIED INFORMATION. (a) Definitions.--In this section: (1) Adversary foreign government.--The term ``adversary foreign government'' means the government of any of the following foreign countries: (A) North Korea. (B) Iran. (C) China. (D) Russia. (E) Cuba. (2) Covered classified information.--The term ``covered classified information'' means classified information that was-- (A) collected by an element of the intelligence community; or (B) provided by the intelligence service or military of a foreign country to an element of the intelligence community. (3) Established intelligence channels.--The term ``established intelligence channels'' means methods to exchange intelligence to coordinate foreign intelligence relationships, as established pursuant to law by the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, or other head of an element of the intelligence community. (4) Individual in the executive branch.--The term ``individual in the executive branch'' means any officer or employee of the executive branch, including individuals-- (A) occupying a position specified in article II of the Constitution; (B) appointed to a position by an individual described in subparagraph (A); or (C) serving in the civil service or the Senior Executive Service (or similar service for senior executives of particular departments or agencies). (b) Findings.--Congress finds that section 502 of the National Security Act of 1947 (50 U.S.C. 3092) requires elements of the intelligence community to keep the congressional intelligence committees ``fully and currently informed'' about all ``intelligence activities'' of the United States, and to ``furnish to the congressional intelligence committees any information or material concerning intelligence activities * * * which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.''. (c) Sense of Congress.--It is the sense of Congress that-- (1) section 502 of the National Security Act of 1947 (50 U.S.C. 3092), together with other intelligence community authorities, obligates an element of the intelligence community to submit to the congressional intelligence committees written notification, by not later than 7 days after becoming aware, that an individual in the executive branch has disclosed covered classified information to an official of an adversary foreign government using methods other than established intelligence channels; and (2) each such notification should include-- (A) the date and place of the disclosure of classified information covered by the notification; (B) a description of such classified information; (C) identification of the individual who made such disclosure and the individual to whom such disclosure was made; and (D) a summary of the circumstances of such disclosure. 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. It is the sense of the Congress that the Secretary of State, in considering whether or not to provide a visa to a foreign individual to be accredited to a United Nations mission in the United States, should consider-- (1) known and suspected intelligence activities, espionage activities, including activities constituting precursors to espionage, carried out by the individual against the United States, foreign allies of the United States, or foreign partners of the United States; and (2) the status of an individual as a known or suspected intelligence officer for a foreign adversary. SEC. 749. SENSE OF CONGRESS ON WIKILEAKS. It is the sense of Congress that WikiLeaks and the senior leadership of WikiLeaks resemble a nonstate hostile intelligence service often abetted by state actors and should be treated as such a service by the United States. ______ SA 747. Mr. VAN HOLLEN 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 XXVIII, add the following: SEC. 2806. INCREASE OF CAP FOR MINOR MILITARY CONSTRUCTION PROJECTS FOR REVITALIZATION AND RECAPITALIZATION OF LABORATORIES. Section 2805(d) of title 10, United States Code, is amended by striking ``$6,000,000'' each place it appears and inserting ``$10,000,000''. ______ SA 748. Mrs. FEINSTEIN (for herself and Mr. Enzi) 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. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER RESEARCH. Section 414(h) of title 39, United States Code, is amended by striking ``2019'' and inserting ``2027''. ______ SA 749. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title XVI, add the following: SEC. ___. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING. (a) In General.--In acquiring geospatial-intelligence, the Secretary of Defense shall leverage, to the maximum extent practicable, the capabilities of United States industry, including through the use of commercial geospatial- intelligence services and acquisition of commercial satellite imagery. (b) Obtaining Future Data.--The Secretary, as part of an analysis of alternatives for the future acquisition of Department of Defense space systems for geospatial- intelligence, shall-- (1) consider whether there is a suitable, cost-effective, commercial capability available that can meet any or all of the Department's requirements; (2) if a suitable, cost-effective, commercial capability is available as described in paragraph (1), determine whether it is in the national interest to develop a governmental space system; and (3) include, as part of the established acquisition reporting requirements to the appropriate committees of Congress, any determination made under paragraphs (1) and (2). (c) Definition of Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means-- (1) Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. ______ SA 750. Mr. McCONNELL (for Mr. Booker (for himself and Mrs. Blackburn)) proposed an amendment to the resolution S. Res. 235, designating June 12, 2019, as ``Women Veterans Appreciation Day''; as follows: In the ninth whereas clause of the preamble, in the matter preceding paragraph (1), strike ``designing'' and insert ``designating''. ______ SA 751. 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, [[Page S3803]] and for defense activities of the Department of Energy, to prescribe military personnel 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. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES OF THE SOLDIERS WHO DIED ON FLYING TIGER FLIGHT 739 ON MARCH 16, 1962. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall authorize the inclusion on the Vietnam Veterans Memorial Wall in the District of Columbia of the names of the 93 soldiers who died on Flying Tiger Flight 739 when it crashed in the Pacific Ocean en route to Vietnam on March 16, 1962. (b) Required Consultation.--The Secretary of Defense shall consult with the Secretary of the Interior, the American Battle Monuments Commission, and other applicable authorities with respect to any adjustments to the nomenclature and placement of names pursuant to subsection (a) to address any space limitations on the placement of additional names on the Vietnam Veterans Memorial Wall. (c) Nonapplicability of Commemorative Works Act.--Chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''), shall not apply to any activities carried out under subsection (a) or (b). ______ SA 752. Mr. BURR 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 231(d)(2), after subparagraph (D), insert the following: (E) An assessment of risk when considering foreign sources of foundational research of biotechnology for application by the Department. ______ SA 753. Mr. PERDUE 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 AMOUNTS AVAILABLE FOR CONTRACTED SHIP MAINTENANCE. (a) In General.--If amounts authorized to be appropriated for fiscal year 2020 for operation and maintenance for the Navy for private contracted ship maintenance either remain available after September 30, 2020, or are appropriated in the Other Procurement, Navy account, not later than November 1 of each fiscal year in which either of those conditions exist, the Secretary of the Navy shall submit to the congressional defense committees a report on contracted ship maintenance conducted by the Secretary during the immediately preceding fiscal year. (b) Elements.--The report required under subsection (a) shall include the following with respect to contracted ship maintenance included in the report: (1) The name and hull number of the ship. (2) The date of contract award. (3) The period of performance for the contract. (4) The contract type. (5) The amount of funding awarded for the contract at the time of contract award. (6) The maximum contract funding amount. (7) The projected and actual dates and amounts of contract funding obligations and expenditures. (8) The name and location of the contractor performing the maintenance. (9) The scope of contracted work. (10) A description of the effect on such maintenance activity of funds described in subsection (a) remaining available after September 30, 2020. (11) A general assessment of and related recommendations with respect to private contracted ship maintenance funds remaining available for more than one year. (12) Such other matters as the Secretary of the Navy considers appropriate. ______ SA 754. Mr. WICKER 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. POWERS OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION IN PERFORMANCE OF FUNCTIONS. Section 20113(b)(1) of title 51, United States Code, is amended-- (1) by striking ``425'' and inserting ``1325''; and (2) by striking ``not in excess of the rate of basic pay payable for level III of the Executive Schedule'' and inserting ``at a rate that does not exceed the per annum rate of salary of the Vice President of the United States under section 104 of title 3''. ______ SA 755. Mr. WICKER 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. REPORT ON UNITED STATES CAPABILITIES TO INSTALL, MAINTAIN, AND REPAIR SUBMARINE CABLES. (a) Report Required.--Not later than November 1, 2019, the Secretary of Transportation shall, in consultation of the Secretary of Defense, submit to the appropriate committees of Congress a report on the capabilities of the United States to install, maintain, and repair submarine cables, including Government cables and commercial cables. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description and assessment of the threats to submarine cables. (2) A description of current United States capabilities to install, maintain, and repair submarine cables described in subsection (a), including Government capabilities and private-sector capabilities. (3) A description and assessment of any gaps in the capabilities referred to in paragraph (2). (4) A description and assessment of options to address the gaps referred to in paragraph (3), including the establishment of a program for cable vessels modeled on the Maritime Security Program. (5) Such recommendations as the Secretary of Transportation considers appropriate in light of the matters set forth in the report, including, if applicable, the appropriate stipend (per vessel) for a program for cable vessels modeled on the Maritime Security Program (c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Definitions.--In this section: (1) The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives. (2) The term ``cable vessel'' means any vessel as follows: (A) A vessel that is classed as a cable ship or cable vessel by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by the Secretary of Transportation. (B) Any other vessel that is capable of installing, maintaining, and repairing submarine cables. (3) The term ``Maritime Security Program'' means the program in connection with the Maritime Security Fleet under chapter 531 of title 46, United States Code. ____________________
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