TEXT OF AMENDMENTS; Congressional Record Vol. 166, No. 116
(Senate - June 24, 2020)

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[Pages S3212-S3273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1676. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 707(c), strike ``section 1074g(a)(9)(C)(i)'' and 
     insert ``section 1074g(a)(9)(C)(ii)''.
                                 ______
                                 
  SA 1677. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3985, to improve and reform policing practices, 
accountability, and transparency; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                          TITLE XII--FAIR ACT

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Fifth Amendment Integrity 
     Restoration Act of 2019'' or the ``FAIR Act''.

     SEC. 1202. CIVIL FORFEITURE PROCEEDINGS.

       Section 983 of title 18, United States Code, is amended--
       (1) in subsection (b)(2)(A)--
       (A) by striking ``, and the property subject to forfeiture 
     is real property that is being used by the person as a 
     primary residence,''; and
       (B) by striking ``, at the request of the person, shall 
     insure'' and inserting ``shall ensure'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``a preponderance of the 
     evidence'' and inserting ``clear and convincing evidence'';
       (B) in paragraph (2), by striking ``a preponderance of the 
     evidence'' and inserting ``clear and convincing evidence''; 
     and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) if the Government's theory of forfeiture is that the 
     property was used to commit or facilitate the commission of a 
     criminal offense, or was involved in the commission of a 
     criminal offense, the Government shall establish, by clear 
     and convincing evidence, that--
       ``(A) there was a substantial connection between the 
     property and the offense; and
       ``(B) the owner of any interest in the seized property--
       ``(i) used the property with intent to facilitate the 
     offense; or
       ``(ii) knowingly consented or was willfully blind to the 
     use of the property by another in connection with the 
     offense.'';
       (3) in subsection (d)(2)(A), by striking ``an owner who'' 
     and all that follows through ``upon learning'' and inserting 
     ``an owner who, upon learning'';
       (4) in subsection (f)(6), in the matter preceding paragraph 
     (7), by inserting ``, and shall award to the claimant an 
     amount equal to 3 times the value of the property seized and 
     a reasonable attorney's fee'' before the period at the end; 
     and
       (5) in subsection (i)--
       (A) by striking subparagraphs (A) and (B); and
       (B) by redesignating subparagraphs (C) through (E) as 
     subparagraphs (A) through (C), respectively.

     SEC. 1203. DISPOSITION OF FORFEITED PROPERTY.

       (a) Revisions to Controlled Substances Act.--Section 511(e) 
     of the Controlled Substances Act (21 U.S.C. 881(e)) is 
     amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``civilly or'';
       (B) by striking subparagraph (A); and
       (C) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (A) through (D), respectively;
       (2) in paragraph (2)--

[[Page S3213]]

       (A) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``subparagraph (B) of paragraph (1)'' and 
     inserting ``paragraph (1)(A)''; and
       (B) in subparagraph (B), by striking ``accordance with 
     section 524(c) of title 28,'' and inserting ``the General 
     Fund of the Treasury of the United States'';
       (3) by striking paragraph (3);
       (4) by redesignating paragraph (4) as paragraph (3); and
       (5) in paragraph (3), as redesignated--
       (A) in subparagraph (A), by striking ``paragraph (1)(B)'' 
     and inserting ``paragraph (1)(A)''; and
       (B) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``paragraph (1)(B) that is civilly or'' and 
     inserting paragraph ``(1)(A) that is''.
       (b) Revisions to Title 18.--Chapter 46 of title 18, United 
     States Code, is amended--
       (1) in section 981(e)--
       (A) by striking ``is authorized'' and all that follows 
     through ``or forfeiture of the property;'' and inserting 
     ``shall forward to the Treasurer of the United States any 
     proceeds of property forfeited pursuant to this section for 
     deposit in the General Fund of the Treasury or transfer such 
     property on such terms and conditions as such officer may 
     determine--'';
       (B) by redesignating paragraphs (3), (4), (5), (6), and (7) 
     as paragraphs (1), (2), (3), (4), and (5), respectively; and
       (C) in the matter following paragraph (5), as so 
     redesignated--
       (i) by striking the first, second, third, sixth, and eighth 
     sentences; and
       (ii) by striking ``paragraphs (3), (4), and (5)'' and 
     inserting ``paragraphs (1), (2), and (3)''; and
       (2) in section 983(g)--
       (A) in paragraph (3), by striking ``grossly''; and
       (B) in paragraph (4), by striking ``grossly''.
       (c) Tariff Act of 1930.--The Tariff Act of 1930 (19 U.S.C. 
     1304 et seq.) is amended--
       (1) in section 613A(a) (19 U.S.C. 1613b(a))--
       (A) in paragraph (1)--
       (i) in subparagraph (D), by inserting ``and'' after the 
     semicolon;
       (ii) in subparagraph (E), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (F); and
       (B) in paragraph (2)--
       (i) by striking ``(A) Any payment'' and inserting ``Any 
     payment''; and
       (ii) by striking subparagraph (B); and
       (2) in section 616 (19 U.S.C. 1616a)--
       (A) in the section heading, by striking ``transfer of 
     forfeited property'' and inserting ``dismissal in favor of 
     forfeiture under state law'';
       (B) in subsection (a), by striking ``(a) The Secretary'' 
     and inserting ``The Secretary''; and
       (C) by striking subsections (b) through (d).
       (d) Title 31.--Section 9705 of title 31, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking subparagraph (G); and
       (B) by redesignating subparagraphs (H) through (J) as 
     subparagraphs (G) through (I), respectively; and
       (2) in subsection (b)--
       (A) by striking paragraphs (2) and (4); and
       (B) by redesignating paragraphs (3) and (5) as paragraphs 
     (2) and (3), respectively.

     SEC. 1204. DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND 
                   DEPOSITS.

       Section 524(c)(4) of title 28, United States Code, is 
     amended--
       (1) by striking subparagraphs (A) and (B); and
       (2) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (A) and (B), respectively.

     SEC. 1205. STRUCTURING TRANSACTIONS TO EVADE REPORTING 
                   REQUIREMENT PROHIBITED.

       (a) Amendments to Title 31.--Section 5324 of title 31, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``knowingly'' after ``Public Law 91-508''; and
       (B) in paragraph (3), by inserting ``of funds not derived 
     from a legitimate source'' after ``any transaction'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by inserting ``knowingly'' after ``such section''; and
       (3) in subsection (c), in the matter preceding paragraph 
     (1), by inserting ``knowingly'' after ``section 5316''.
       (b) Probable Cause Hearing in Connection With Property 
     Seizures Relating to Certain Monetary Instruments 
     Transactions.--
       (1) Amendment.--Section 5317 of title 31, United States 
     Code, is amended by adding at the end the following:
       ``(d) Probable Cause Hearing in Connection With Property 
     Seizures Relating to Certain Monetary Instruments 
     Transactions.--
       ``(1) In general.--Not later than 14 days after the date on 
     which notice is provided under paragraph (2)--
       ``(A) a court of competent jurisdiction shall conduct a 
     hearing on any property seized or restrained under subsection 
     (c)(2) with respect to an alleged violation of section 5324; 
     and
       ``(B) any property described in subparagraph (A) shall be 
     returned unless the court finds that there is probable cause 
     to believe that there is a violation of section 5324 
     involving the property.
       ``(2) Notice.--Each person from whom property is seized or 
     restrained under subsection (c)(2) with respect to an alleged 
     violation of section 5324 shall be notified of the right of 
     the person to a hearing under paragraph (1).''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply to property seized or restrained after the date 
     of enactment of this Act.

     SEC. 1206. PROPORTIONALITY.

       Section 983(g)(2) of title 18, United States Code, is 
     amended to read as follows:
       ``(2) In making this determination, the court shall 
     consider such factors as--
       ``(A) the seriousness of the offense;
       ``(B) the extent of the nexus of the property to the 
     offense;
       ``(C) the range of sentences available for the offense 
     giving rise to forfeiture;
       ``(D) the fair market value of the property; and
       ``(E) the hardship to the property owner and dependents.''.

     SEC. 1207. REPORTING REQUIREMENTS.

       Section 524(c)(6)(i) of title 28, United States Code, is 
     amended by inserting ``from each type of forfeiture, and 
     specifically identifying which funds were obtained from 
     including criminal forfeitures and which were obtained from 
     civil forfeitures,'' after ``deposits''.

     SEC. 1208. NONJUDICIAL FORFEITURE.

       Section 983 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Claim;'';
       (B) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in clause (i)--

       (aa) by striking ``clauses (ii) through (v), in any 
     nonjudicial'' and inserting ``clause (ii), in any''; and
       (bb) by striking ``60'' and inserting ``7'';

       (II) by striking clauses (ii) through (iv);
       (III) by redesignating clause (v) as clause (ii); and
       (IV) by striking clause (ii), as so redesginated, and 
     inserting the following:

       ``(ii) If the identity or interest of a party is not 
     determined until after the seizure or turnover but is 
     determined before a declaration of forfeiture is entered, the 
     Government shall determine the identity and address of the 
     party or interest within 7 days after the seizure or 
     turnover, and notice shall be sent to such interested party 
     not later than 7 days after the determination by the 
     Government of the identity and address of the party or the 
     party's interest.'';
       (ii) by striking subparagraphs (B) through (D);
       (iii) by redesignating subparagraphs (D) through (F) as 
     subparagraphs (B) through (D), respectively; and
       (iv) in subparagraph (C), as so redesignated, by striking 
     ``nonjudicial'';
       (C) by striking paragraph (2);
       (D) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (E) in paragraph (2)(A), as so redesignated--
       (i) by striking ``90'' and inserting ``30''; and
       (ii) by striking ``after a claim has been filed'' and 
     inserting ``the date of the seizure'';
       (2) in subsection (b)--
       (A) by striking paragraph (1)(A) and inserting the 
     following:
       ``(1)(A) If a person with standing to contest the 
     forfeiture of property in a judicial civil forfeiture 
     proceeding under a civil forfeiture statute is--
       ``(i) financially unable to obtain representation by 
     counsel; or
       ``(ii) the cost of obtaining representation would exceed 
     the value of the seized property,
     the court may authorize or appoint counsel to represent that 
     person with respect to the claim.'';
       (B) in subparagraph (1)(B), by inserting ``or appoint'' 
     after ``authorize''; and
       (C) in paragraph (2)(A), by inserting ``under paragraph 
     (1)'' after ``counsel'';
       (3) in subsection (d)(1), by striking the second sentence;
       (4) in subsection (e)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A)--
       (i) by striking ``nonjudicial''; and
       (ii) by striking ``a declaration'' and inserting ``an 
     order'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``declaration'' and 
     inserting ``order''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Any proceeding described in subparagraph (A) shall be 
     commenced within 6 months of the entry of the order granting 
     the motion.''; and
       (C) by striking paragraph (5);
       (5) in subsection (f)(1), in the matter preceding 
     subparagraph (A), by striking ``(a)'' and inserting 
     ``(a)(3)(A)'';
       (6) in subsection (g)(1), by striking ``(a)(4)'' and 
     inserting ``(a)(3)''; and
       (7) by adding at the end the following:
       ``(k)(1) Notwithstanding any other provision of law--
       ``(A) no Federal seizing agency may conduct nonjudicial 
     forfeitures;
       ``(B) no property may be subject to forfeiture except 
     through judicial process; and
       ``(C) no order of forfeiture may be entered except by a 
     United States district court.
       ``(2) In this subsection, the term `nonjudicial forfeiture' 
     means an in rem action that permits the Federal seizing 
     agency to start a forfeiture without judicial involvement.''.

[[Page S3214]]

  


     SEC. 1209. APPLICABILITY.

       The amendments made by this title shall apply to--
       (1) any civil forfeiture proceeding pending on or filed on 
     or after the date of enactment of this Act; and
       (2) any amounts received from the forfeiture of property on 
     or after the date of enactment of this Act.
                                 ______
                                 
  SA 1678. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3985, to improve and reform policing practices, 
accountability, and transparency; which was ordered to lie on the 
table; as follows:

       Strike section 102 and insert the following:

     SEC. 102. JUSTICE FOR BREONNA TAYLOR.

       (a) Short Title.--This section may be cited as the 
     ``Justice for Breonna Taylor Act''.
       (b) Prohibition on No-knock Warrants.--
       (1) Federal prohibition.--Notwithstanding any other 
     provision of law, a Federal law enforcement officer (as 
     defined in section 115 of title 18, United States Code) may 
     not execute a warrant until after the officer provides notice 
     of his or her authority and purpose, except in the case of an 
     imminent risk of death or serious bodily injury.
       (2) State and local law enforcement agencies.--Beginning in 
     the first fiscal year beginning after the date of enactment 
     of this Act, and each fiscal year thereafter, a State or 
     local law enforcement agency that receive funds from the 
     Department of Justice during the fiscal year may not execute 
     a warrant that does not require the law enforcement officer 
     serving the warrant to provide notice of his or her authority 
     and purpose before forcibly entering a premises, except in 
     the case of an imminent risk of death or serious bodily 
     injury.
       In section 103(a), by striking ``subsections (h) and (i) of 
     section 501 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10152), as added by sections 
     101 and 102 of this Act, respectively, and that ensure the 
     reporting under such subsections (h) and (i)'' and inserting 
     ``subsection (h) of section 501 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), 
     as added by section 101, and that ensure the reporting under 
     such subsection (h)''.
       In section 103(b), by striking ``or 102''.
       In section 104(a), by striking ``subsections (h) and (i) of 
     section 501 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10152), as added by sections 
     101 and 102 of this Act, respectively'' and inserting 
     ``subsection (h) of section 501 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), 
     as added by section 101''.
                                 ______
                                 
  SA 1679. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3985, to improve and reform policing practices, 
accountability, and transparency; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

            TITLE___--STOP MILITARIZING LAW ENFORCEMENT ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Stop Militarizing Law 
     Enforcement Act''.

     SEC. _02. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT OF 
                   DEFENSE PERSONAL PROPERTY TO FEDERAL AND STATE 
                   LAW ENFORCEMENT AGENCIES.

       (a) Additional Limitations.--
       (1) In general.--Section 2576a of title 10, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``subsection (b)'' and inserting ``the provisions of this 
     section''; and
       (II) in subparagraph (A), by striking ``, including 
     counter-drug and counterterrorism activities''; and

       (ii) in paragraph (2), by striking ``and the Director of 
     National Drug Control Policy'';
       (B) in subsection (b)--
       (i) in paragraph (5), by striking ``and'' at the end;
       (ii) in paragraph (6), by striking the period and inserting 
     a semicolon; and
       (iii) by adding at the end the following new paragraphs:
       ``(7) the recipient certifies to the Department of Defense 
     that it has the personnel and technical capacity, including 
     training, to operate the property; and
       ``(8) the recipient certifies to the Department of Defense 
     that if the recipient determines that the property is surplus 
     to the needs of the recipient, the recipient will return the 
     property to the Department of Defense.'';
       (C) by striking subsections (d), (e), and (f); and
       (D) by adding at the end the following:
       ``(d) Limitations on Transfers.--The Secretary of Defense 
     may not transfer under this section any property as follows:
       ``(1) Weapons, weapon parts, and weapon components, 
     including camouflage and deception equipment, and optical 
     sights.
       ``(2) Weapon system specific vehicular accessories.
       ``(3) Demolition materials.
       ``(4) Explosive ordinance.
       ``(5) Night vision equipment.
       ``(6) Tactical clothing, including uniform clothing and 
     footwear items, special purpose clothing items, and 
     specialized flight clothing and accessories.
       ``(7) Drones.
       ``(8) Combat, assault, and tactical vehicles, including 
     Mine-Resistant Ambush Protected (MRAP) vehicles.
       ``(9) Training aids and devices.
       ``(10) Firearms of .50 caliber or higher, ammunition of .50 
     caliber or higher, grenade launchers, flash grenades, and 
     bayonets.
       ``(e) Approval by Law Required for Transfer of Property Not 
     Previously Transferrable.--(1) In the event the Secretary of 
     Defense proposes to make available for transfer under this 
     section any property of the Department of Defense not 
     previously made available for transfer under this section, 
     the Secretary shall submit to the appropriate committees of 
     Congress a report setting forth the following:
       ``(A) A description of the property proposed to be made 
     available for transfer.
       ``(B) A description of the conditions, if any, to be 
     imposed on use of the property after transfer.
       ``(C) A certification that transfer of the property would 
     not violate a provision of this section or any other 
     provision of law.
       ``(2) The Secretary may not transfer any property covered 
     by a report under this subsection unless authorized by a law 
     enacted by Congress after the date of the receipt of the 
     report by Congress.
       ``(f) Annual Certification Accounting for Transferred 
     Property.--(1) The Secretary of Defense shall submit to the 
     appropriate committees of Congress each year a certification 
     in writing that each recipient to which the Secretary has 
     transferred property under this section during the preceding 
     fiscal year--
       ``(A) has provided to the Secretary documentation 
     accounting for all property the Secretary has previously 
     transferred to such recipient under this section; and
       ``(B) has complied with paragraphs (7) and (8) of 
     subsection (b) with respect to the property so transferred 
     during such fiscal year.
       ``(2) If the Secretary cannot provide a certification under 
     paragraph (1) for a recipient, the Secretary may not transfer 
     additional property to such recipient under this section, 
     effective as of the date on which the Secretary would 
     otherwise make the certification under this subsection, and 
     such recipient shall be suspended or terminated from further 
     receipt of property under this section.
       ``(g) Conditions for Extension of Program.--Notwithstanding 
     any other provision of law, amounts authorized to be 
     appropriated or otherwise made available for any fiscal year 
     may not be obligated or expended to carry out this section 
     unless the Secretary submits to the appropriate committees of 
     Congress a certification that for the preceding fiscal year 
     that--
       ``(1) each recipient agency that has received property 
     under this section has--
       ``(A) demonstrated 100 percent accountability for all such 
     property, in accordance with paragraph (2) or (3), as 
     applicable; or
       ``(B) been suspended or terminated from the program 
     pursuant to paragraph (4);
       ``(2) with respect to each non-Federal agency that has 
     received property under this section, the State Coordinator 
     responsible for each such agency has verified that the State 
     Coordinator or an agent of the State Coordinator has 
     conducted an in-person inventory of the property transferred 
     to the agency and that 100 percent of such property was 
     accounted for during the inventory or that the agency has 
     been suspended or terminated from the program pursuant to 
     paragraph (4);
       ``(3) with respect to each Federal agency that has received 
     property under this section, the Secretary of Defense or an 
     agent of the Secretary has conducted an in-person inventory 
     of the property transferred to the agency and that 100 
     percent of such property was accounted for during the 
     inventory or that the agency has been suspended or terminated 
     from the program pursuant to paragraph (4);
       ``(4) the eligibility of any agency that has received 
     property under this section for which 100 percent of the 
     equipment was not accounted for during an inventory described 
     in paragraph (2) or (3), as applicable, to receive property 
     transferred under this section has been suspended or 
     terminated;
       ``(5) each State Coordinator has certified, for each non-
     Federal agency located in the State for which the State 
     Coordinator is responsible that--
       ``(A) the agency has complied with all requirements under 
     this section; or
       ``(B) the eligibility of the agency to receive property 
     transferred under this section has been suspended or 
     terminated; and
       ``(6) the Secretary of Defense has certified, for each 
     Federal agency that has received property under this section 
     that--
       ``(A) the agency has complied with all requirements under 
     this section; or
       ``(B) the eligibility of the agency to receive property 
     transferred under this section has been suspended or 
     terminated.
       ``(h) Website.--The Defense Logistics Agency shall 
     maintain, and update on a quarterly basis, an Internet 
     website on which the following information shall be made 
     publicly available in a searchable format:
       ``(1) A description of each transfer made under this 
     section, including transfers made before the date of the 
     enactment of the Stop Militarizing Law Enforcement Act, set 
     forth by State, county, and recipient agency, and including 
     item name, item type, item model, and quantity.

[[Page S3215]]

       ``(2) A list of all property transferred under this section 
     that is not accounted for by the Defense Logistics Agency, 
     including--
       ``(A) the name of the State, county, and recipient agency;
       ``(B) the item name, item type, and item model;
       ``(C) the date on which such property became unaccounted 
     for by the Defense Logistics Agency; and
       ``(D) the current status of such item.
       ``(3) A list of each agency suspended or terminated from 
     further receipt of property under this section, including 
     State, county, and agency, and the reason for and duration of 
     such suspension or termination.
       ``(i) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       ``(2) The term `agent of a State Coordinator' means any 
     individual to whom a State Coordinator formally delegates 
     responsibilities for the duties of the State Coordinator to 
     conduct inventories described in subsection (g)(2).
       ``(3) The term `controlled property' means any item 
     assigned a demilitarization code of B, C, D, E, G, or Q under 
     Department of Defense Manual 4160.21-M, `Defense Materiel 
     Disposition Manual', or any successor document.
       ``(4) The term `State Coordinator', with respect to a 
     State, means the individual appointed by the governor of the 
     State to maintain property accountability records and oversee 
     property use by the State.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (b) Return of Property to Department of Defense.--Not later 
     than one year after the date of the enactment of this Act, 
     each Federal or State agency to which property described by 
     subsection (d) of section 2576a of title 10, United States 
     Code (as added by subsection (a)(1) of this section), was 
     transferred before the date of the enactment of this Act 
     shall return such property to the Defense Logistics Agency on 
     behalf of the Department of Defense.

     SEC. _03. USE OF DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS 
                   GRANT FUNDS.

       (a) Definitions.--In this section--
       (1) the term ``Agency'' means the Federal Emergency 
     Management Agency; and
       (2) the term ``preparedness grant program'' includes--
       (A) the Urban Area Security Initiative authorized under 
     section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 
     604);
       (B) the State Homeland Security Grant Program authorized 
     under section 2004 of the Homeland Security Act of 2002 (6 
     U.S.C. 605);
       (C) the Port Security Grant Program authorized under 
     section 70107 of title 46, United States Code; and
       (D) any other non-disaster preparedness grant program of 
     the Agency.
       (b) Limitation.--The Agency may not permit awards under a 
     preparedness grant program to be used to buy, maintain, or 
     alter--
       (1) explosive entry equipment;
       (2) canines (other than bomb-sniffing canines for agencies 
     with certified bomb technicians or for use in search and 
     rescue operations);
       (3) tactical or armored vehicles;
       (4) long-range hailing and warning devices;
       (5) tactical entry equipment (other than for use by 
     specialized teams such as Accredited Bomb Squads, Tactical 
     Entry, or Special Weapons and Tactics (SWAT) Teams); or
       (6) firearms of .50 caliber or higher, ammunition of .50 
     caliber or higher, grenade launchers, flash grenades, or 
     bayonets.
       (c) Review of Prior Receipt of Property Before Award.--In 
     making an award under a preparedness grant program, the 
     Agency shall--
       (1) determine whether the awardee has already received, and 
     still retains, property from the Department of Defense 
     pursuant to section 2576a of title 10, United States Code, 
     including through review of the website maintained by the 
     Defense Logistics Agency pursuant to subsection (h) of such 
     section (as added by section _02(a)(1) of this Act);
       (2) require that the award may not be used by the awardee 
     to procure or obtain property determined to be retained by 
     the awardee pursuant to paragraph (1); and
       (3) require that the award only be used to procure or 
     obtain property in accordance with use restrictions contained 
     within the Agency's State and Local Preparedness Grant 
     Programs' Authorized Equipment List.
       (d) Use of Grant Program Funds for Required Return of 
     Property to DoD.--Notwithstanding any other provision of law, 
     the use of funds by a State or local agency to return to the 
     Department of Defense property transferred to such State or 
     local agency pursuant to section 2676a of title 10, United 
     States Code, as such return is required by section _02(b) of 
     this Act, shall be an allowable use of preparedness grant 
     program funds by such agency.
       (e) Accountability Measures.--
       (1) Audit of use of preparedness grant funds.--Not later 
     than one year after the date of the enactment of this Act, 
     the Comptroller General of the United States shall conduct an 
     audit covering the period of fiscal year 2010 through the 
     current fiscal year on the use of preparedness grant program 
     funds. The audit shall assess how funds have been used to 
     procure equipment, how the equipment has been used, and 
     whether the grant awards have furthered the Agency's goal of 
     improving the preparedness of State and local communities.
       (2) Annual accounting of use of award funds.--Not later 
     than one year after the date of the enactment of this Act, 
     the Agency shall develop and implement a system of accounting 
     on an annual basis how preparedness grant program funds have 
     been used to procure equipment, how the equipment has been 
     used, whether grantees have complied with restrictions on the 
     use of equipment contained with the Authorized Equipment 
     List, and whether the awards have furthered the Agency's goal 
     of enhancing the capabilities of State agencies to prevent, 
     deter, respond to, and recover from terrorist attacks, major 
     disasters, and other emergencies.

     SEC. _04. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 
                   GRANT FUNDS.

       (a) Limitation.--Section 501(d) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10152(d)) is amended by adding at the end the following:
       ``(3) The purchase, maintenance, alteration, or operation 
     of--
       ``(A) lethal weapons; or
       ``(B) less-lethal weapons.''.
       (b) Use of Grant Funds for Required Return of Property to 
     DoD.--Notwithstanding any other provision of law, the use of 
     funds by a State agency or unit of local government to return 
     to the Department of Defense property transferred to such 
     agency or unit of local government pursuant to section 2676a 
     of title 10, United States Code, as such return is required 
     by section _02(b) of this Act, shall be an allowable use of 
     grant amounts under the Edward Byrne Memorial Justice 
     Assistance Grant Program.

     SEC. _05. COMPTROLLER GENERAL REPORT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Comptroller General of the United States shall submit to 
     Congress a report on Federal agencies, including offices of 
     Inspector General for Federal agencies, that have specialized 
     units that receive special tactical or military-style 
     training or use hard-plated body armor, shields, or helmets 
     and that respond to high-risk situations that fall outside 
     the capabilities of regular law enforcement officers, 
     including any special weapons and tactics (SWAT) team, 
     tactical response teams, special events teams, special 
     response teams, or active shooter teams.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of each specialized unit described under 
     such subsection.
       (2) A description of the training and weapons of each such 
     unit.
       (3) The criteria for activating each such unit and how 
     often each such unit was activated for each year of the 
     previous ten years.
       (4) An estimate of the annual cost of equipping and 
     operating each such unit.
       (5) Any other information that is relevant to understanding 
     the usefulness and justification for the units.
                                 ______
                                 
  SA 1680. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3985, to improve and reform policing practices, 
accountability, and transparency; which was ordered to lie on the 
table; as follows:

       Strike section 403 and insert the following:

     SEC. 403. LYNCHING.

       (a) Offense.--Chapter 13 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``SEC. 250. LYNCHING.

       ``Whoever conspires with another person to violate section 
     249 and willfully causes or attempts to cause serious bodily 
     injury (as defined in section 1365(h)) shall be punished in 
     the same manner as a completed violation of such section, 
     except that if the maximum term of imprisonment for such 
     completed violation is less than 10 years, the person may be 
     imprisoned for not more than 10 years.''.
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 13 of title 18, United States Code, is amended by 
     inserting after the item relating to section 249 the 
     following:

``250. Lynching.''.
                                 ______
                                 
  SA 1681. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 12__. REPORT ON HUMANITARIAN EFFECTS OF THE DE FACTO 
                   AIR, LAND, AND SEA BLOCKADE OF YEMEN AND THE 
                   ACTIVITIES OF THE HOUTHIS, THE GOVERNMENT OF 
                   THE REPUBLIC OF YEMEN, AND THE SOUTHERN 
                   TRANSITIONAL COUNCIL.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act,

[[Page S3216]]

     the Comptroller General of the United States shall submit to 
     the appropriate committees of Congress a report on the 
     humanitarian effects on the people of Yemen of--
       (1) the air, land, and sea blockade of Yemen;
       (2) the activities of the Ansar Allah, or the Houthis, to 
     illicitly profit from critical commercial and humanitarian 
     imports; and
       (3) the activities of the Government of the Republic of 
     Yemen and the Southern Transitional Council.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) Any credible information known about the estimated 
     number of civilian deaths in Yemen that are reasonably 
     attributable, in whole or in part, to--
       (A) the air, land, and sea blockade of Yemen imposed by the 
     Kingdom of Saudi Arabia, the Government of the United Arab 
     Emirates, or the Saudi-led coalition since March 1, 2015; and
       (B) the activities of the Houthis, the Government of the 
     Republic of Yemen, and the Southern Transitional Council.
       (2) Any credible information known about the humanitarian 
     effects of such blockade and activities on the people of 
     Yemen, including the effects on--
       (A) food security, water, sanitation, hygiene, and public 
     health; and
       (B) the capacity of Government of Yemen to halt or reduce 
     the transmission of Coronavirus Disease 2019 (COVID-19) in 
     Yemen.
       (3) Any credible information known about the effects of 
     such blockade and activities on the economy of Yemen.
       (4) Any credible information known about such activities 
     that have exacerbated the adverse effects of such blockade.
       (5) Any credible information known about whether the 
     military support of the United States to the Kingdom of Saudi 
     Arabia, the Government of the United Arab Emirates, or the 
     Saudi-led coalition since March 1, 2015, has contributed in 
     any manner to such blockade, including--
       (A) the transfer of logistics support, supplies, and 
     services under sections 2341 and 2342 of title 10, United 
     States Code, or any other applicable law; and
       (B) the total amount of such support.
       (6) A description of the Department of Defense and 
     Department of State processes in place to ensure that the 
     provision of military support to the Kingdom of Saudi Arabia, 
     the Government of the United Arab Emirates, or the Saudi-led 
     coalition for military operations in Yemen is in compliance 
     with Federal and international law of armed conflict, and a 
     determination of whether the Secretary of Defense or the 
     Secretary of State have made an assessment of such support in 
     accordance with such processes.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (d) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Select Committee on Intelligence, and 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Permanent Select Committee on 
     Intelligence, and the Committee on Financial Services of the 
     House of Representatives.
                                 ______
                                 
  SA 1682. Ms. WARREN (for herself and Mr. Portman) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES 
                   AND MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR 
                   CATASTROPHIC INJURY OR ILLNESS OR DIE WHILE IN 
                   MILITARY SERVICE.

       (a) Catastrophic Injuries and Illnesses.--Paragraph (4) of 
     section 305(a) of the Servicemembers Civil Relief Act (50 
     U.S.C. 3955(a)), as added by section 545 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92), is amended to read as follows:
       ``(4) Catastrophic injury or illness of lessee.--
       ``(A) Termination.--If the lessee on a lease described in 
     subsection (b) incurs a catastrophic injury or illness during 
     a period of military service or while performing covered 
     service, during the one-year period beginning on the date on 
     which the lessee incurs such injury or illness--
       ``(i) the lessee may terminate the lease; or
       ``(ii) in the case of a lessee who lacks the mental 
     capacity to contract or to manage his or her own affairs 
     (including disbursement of funds without limitation) due to 
     such injury or illness--

       ``(I) in a case in which the lessee has a spouse, the 
     spouse may terminate the lease;
       ``(II) in a case in which the lessee does not have a spouse 
     but does have an adult dependent, the dependent may terminate 
     the lease;
       ``(III) in a case in which the lessee does not have a 
     spouse or an adult dependent, a person who has been granted a 
     power of attorney by the lessee may terminate the lease; or
       ``(IV) in any other case, such other person as a court of 
     competent jurisdiction may appoint to manage the affairs of 
     the lessee may terminate the lease.

       ``(B) Definitions.--In this paragraph:
       ``(i) Catastrophic injury or illness.--The term 
     `catastrophic injury or illness' has the meaning given that 
     term in section 439(g) of title 37, United States Code.
       ``(ii) Covered service.--The term `covered service' means 
     full-time National Guard duty, active Guard and Reserve duty, 
     or inactive-duty training (as such terms are defined in 
     section 101(d) of title 10, United States Code).''.
       (b) Deaths.--Paragraph (3) of such section is amended by 
     striking ``The spouse of the lessee'' and inserting ``The 
     spouse or dependent of the lessee''.
                                 ______
                                 
  SA 1683. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

    Subtitle__--Robert Levinson Hostage Recovery and Hostage-Taking 
                           Accountability Act

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Robert Levinson Hostage 
     Recovery and Hostage-Taking Accountability Act''.

     SEC. __2. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY 
                   OR WRONGFULLY DETAINED ABROAD.

       (a) Review.--The Secretary of State shall review the cases 
     of United States nationals detained abroad to determine if 
     there is credible information that they are being detained 
     unlawfully or wrongfully, based on criteria which may include 
     whether--
       (1) United States officials receive or possess credible 
     information indicating innocence of the detained individual;
       (2) the individual is being detained solely or 
     substantially because he or she is a United States national;
       (3) the individual is being detained solely or 
     substantially to influence United States Government policy or 
     to secure economic or political concessions from the United 
     States Government;
       (4) the detention appears to be because the individual 
     sought to obtain, exercise, defend, or promote freedom of the 
     press, freedom of religion, or the right to peacefully 
     assemble;
       (5) the individual is being detained in violation of the 
     laws of the detaining country;
       (6) independent nongovernmental organizations or 
     journalists have raised legitimate questions about the 
     innocence of the detained individual;
       (7) the United States mission in the country where the 
     individual is being detained has received credible reports 
     that the detention is a pretext for an illegitimate purpose;
       (8) the individual is detained in a country where the 
     Department of State has determined in its annual human rights 
     reports that the judicial system is not independent or 
     impartial, is susceptible to corruption, or is incapable of 
     rendering just verdicts;
       (9) the individual is being detained in inhumane 
     conditions;
       (10) due process of law has been sufficiently impaired so 
     as to render the detention arbitrary; and
       (11) United States diplomatic engagement is likely 
     necessary to secure the release of the detained individual.
       (b) Referrals to the Special Envoy.--Upon a determination 
     by the Secretary of State, based on the totality of the 
     circumstances, that there is credible information that the 
     detention of a United States national abroad is unlawful or 
     wrongful, and regardless of whether the detention is by a 
     foreign government or a nongovernmental actor, the Secretary 
     shall transfer responsibility for such case from the Bureau 
     of Consular Affairs of the Department of State to the Special 
     Envoy for Hostage Affairs created pursuant to section __3.
       (c) Report.--
       (1) Annual report.--
       (A) In general.--The Secretary of State shall submit to the 
     appropriate congressional committees an annual report with 
     respect to United States nationals for whom the Secretary 
     determines there is credible information of unlawful or 
     wrongful detention abroad.
       (B) Form.--The report required under this paragraph shall 
     be submitted in unclassified form, but may include a 
     classified annex if necessary.
       (2) Composition.--The report required under paragraph (1) 
     shall include current estimates of the number of individuals 
     so detained, as well as relevant information about particular 
     cases, such as--
       (A) the name of the individual, unless the provision of 
     such information is inconsistent

[[Page S3217]]

     with section 552a of title 5, United States Code (commonly 
     known as the ``Privacy Act of 1974'');
       (B) basic facts about the case;
       (C) a summary of the information that such individual may 
     be detained unlawfully or wrongfully;
       (D) a description of specific efforts, legal and 
     diplomatic, taken on behalf of the individual since the last 
     reporting period, including a description of accomplishments 
     and setbacks; and
       (E) a description of intended next steps.
       (d) Resource Guidance.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act and after consulting with 
     relevant organizations that advocate on behalf of United 
     States nationals detained abroad and the Family Engagement 
     Coordinator established pursuant to section __4(c)(2), the 
     Secretary of State shall provide resource guidance in writing 
     for government officials and families of unjustly or 
     wrongfully detained individuals.
       (2) Content.--The resource guidance required under 
     paragraph (1) should include--
       (A) information to help families understand United States 
     policy concerning the release of United States nationals 
     unlawfully or wrongfully held abroad;
       (B) contact information for officials in the Department of 
     State or other government agencies suited to answer family 
     questions;
       (C) relevant information about options available to help 
     families obtain the release of unjustly or wrongfully 
     detained individuals, such as guidance on how families may 
     engage with United States diplomatic and consular channels to 
     ensure prompt and regular access for the detained individual 
     to legal counsel, family members, humane treatment, and other 
     services;
       (D) guidance on submitting public or private letters from 
     members of Congress or other individuals who may be 
     influential in securing the release of an individual; and
       (E) appropriate points of contacts, such as legal resources 
     and counseling services, who have a record of assisting 
     victims' families.

     SEC. __3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.

       (a) Establishment.--There shall be a Special Presidential 
     Envoy for Hostage Affairs, appointed by the President, who 
     shall report to the Secretary of State.
       (b) Rank.--The Special Envoy shall have the rank and status 
     of ambassador.
       (c) Responsibilities.--The Special Presidential Envoy for 
     Hostage Affairs shall--
       (1) lead diplomatic engagement on United States hostage 
     policy;
       (2) coordinate all diplomatic engagements and strategy in 
     support of hostage recovery efforts, in coordination with the 
     Hostage Recovery Fusion Cell and consistent with policy 
     guidance communicated through the Hostage Response Group;
       (3) in coordination with the Hostage Recovery Fusion Cell 
     as appropriate, coordinate diplomatic engagements regarding 
     cases in which a foreign government has detained a United 
     States national and the United States Government regards such 
     detention as unlawful or wrongful;
       (4) provide senior representation from the Special Envoy's 
     office to the Hostage Recovery Fusion Cell established under 
     section 4 and the Hostage Response Group established under 
     section 5; and
       (5) ensure that families of United States nationals 
     unlawfully or wrongly detained abroad receive updated 
     information about developments in cases and government 
     policy.

     SEC. __4. HOSTAGE RECOVERY FUSION CELL.

       (a) Establishment.--The President shall establish an 
     interagency Hostage Recovery Fusion Cell.
       (b) Participation.--The President shall direct the heads of 
     each of the following executive departments, agencies, and 
     offices to make available personnel to participate in the 
     Hostage Recovery Fusion Cell:
       (1) The Department of State.
       (2) The Department of the Treasury.
       (3) The Department of Defense.
       (4) The Department of Justice.
       (5) The Office of the Director of National Intelligence.
       (6) The Federal Bureau of Investigation.
       (7) The Central Intelligence Agency.
       (8) Other agencies as the President, from time to time, may 
     designate.
       (c) Personnel.--The Hostage Recovery Fusion Cell shall 
     include--
       (1) a Director, who shall be a full-time senior officer or 
     employee of the United States Government;
       (2) a Family Engagement Coordinator who shall--
       (A) work to ensure that all interactions by executive 
     branch officials with a hostage's family occur in a 
     coordinated fashion and that the family receives consistent 
     and accurate information from the United States Government; 
     and
       (B) if directed, perform the same function as set out in 
     subparagraph (A) with regard to the family of a United States 
     national who is unlawfully or wrongfully detained abroad; and
       (3) other officers and employees as deemed appropriate by 
     the President.
       (d) Duties.--The Hostage Recovery Fusion Cell shall--
       (1) coordinate efforts by participating agencies to ensure 
     that all relevant information, expertise, and resources are 
     brought to bear to secure the safe recovery of United States 
     nationals held hostage abroad;
       (2) if directed, coordinate the United States Government's 
     response to other hostage-takings occurring abroad in which 
     the United States has a national interest;
       (3) if directed, coordinate or assist the United States 
     Government's response to help secure the release of United 
     States nationals unlawfully or wrongfully detained abroad; 
     and
       (4) pursuant to policy guidance coordinated through the 
     National Security Council--
       (A) identify and recommend hostage recovery options and 
     strategies to the President through the National Security 
     Council or the Deputies Committee of the National Security 
     Council;
       (B) coordinate efforts by participating agencies to ensure 
     that information regarding hostage events, including 
     potential recovery options and engagements with families and 
     external actors (including foreign governments), is 
     appropriately shared within the United States Government to 
     facilitate a coordinated response to a hostage-taking;
       (C) assess and track all hostage-takings of United States 
     nationals abroad and provide regular reports to the President 
     and Congress on the status of such cases and any measures 
     being taken toward the hostages' safe recovery;
       (D) provide a forum for intelligence sharing and, with the 
     support of the Director of National Intelligence, coordinate 
     the declassification of relevant information;
       (E) coordinate efforts by participating agencies to provide 
     appropriate support and assistance to hostages and their 
     families in a coordinated and consistent manner and to 
     provide families with timely information regarding 
     significant events in their cases;
       (F) make recommendations to agencies in order to reduce the 
     likelihood of United States nationals' being taken hostage 
     abroad and enhance United States Government preparation to 
     maximize the probability of a favorable outcome following a 
     hostage-taking; and
       (G) coordinate with agencies regarding congressional, 
     media, and other public inquiries pertaining to hostage 
     events.
       (e) Administration.--The Hostage Recovery Fusion Cell shall 
     be located within the Federal Bureau of Investigation for 
     administrative purposes.

     SEC. __5. HOSTAGE RESPONSE GROUP.

       (a) Establishment.--The President shall establish a Hostage 
     Response Group, chaired by a designated member of the 
     National Security Council or the Deputies Committee of the 
     National Security Council, to be convened on a regular basis, 
     to further the safe recovery of United States nationals held 
     hostage abroad or unlawfully or wrongfully detained abroad, 
     and to be tasked with coordinating the United States 
     Government response to other hostage-takings occurring abroad 
     in which the United States has a national interest.
       (b) Membership.--The regular members of the Hostage 
     Response Group shall include the Director of the Hostage 
     Recovery Fusion Cell, the Hostage Recovery Fusion Cell's 
     Family Engagement Coordinator, the Special Envoy appointed 
     pursuant to section __3, and representatives from the 
     Department of the Treasury, the Department of Defense, the 
     Department of Justice, the Federal Bureau of Investigation, 
     the Office of the Director of National Intelligence, the 
     Central Intelligence Agency, and other agencies as the 
     President, from time to time, may designate.
       (c) Duties.--The Hostage Recovery Group shall--
       (1) identify and recommend hostage recovery options and 
     strategies to the President through the National Security 
     Council;
       (2) coordinate the development and implementation of United 
     States hostage recovery policies, strategies, and procedures;
       (3) receive regular updates from the Hostage Recovery 
     Fusion Cell and the Special Envoy for Hostage Affairs on the 
     status of United States nationals being held hostage or 
     unlawfully or wrongfully detained abroad and measures being 
     taken to effect safe recoveries;
       (4) coordinate the provision of policy guidance to the 
     Hostage Recovery Fusion Cell, including reviewing recovery 
     options proposed by the Hostage Recovery Fusion Cell and 
     working to resolve disputes within the Hostage Recovery 
     Fusion Cell;
       (5) as appropriate, direct the use of resources at the 
     Hostage Recovery Fusion Cell to coordinate or assist in the 
     safe recovery of United States nationals unlawfully or 
     wrongfully detained abroad; and
       (6) as appropriate, direct the use of resources at the 
     Hostage Recovery Fusion Cell to coordinate the United States 
     Government response to other hostage-takings occurring abroad 
     in which the United States has a national interest.
       (d) Meetings.--The Hostage Response Group shall meet 
     regularly.
       (e) Reporting.--The Hostage Response Group shall regularly 
     provide recommendations on hostage recovery options and 
     strategies to the National Security Council.

     SEC. __6. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

       (a) In General.--The President may impose the sanctions 
     described in subsection (b) with respect to any foreign 
     person the President determines, based on credible evidence--
       (1) is responsible for or is complicit in, or responsible 
     for ordering, controlling, or otherwise directing, the 
     hostage-taking of a

[[Page S3218]]

     United States national abroad or the unlawful or wrongful 
     detention of a United States national abroad; or
       (2) knowingly provides financial, material, or 
     technological support for, or goods or services in support 
     of, an activity described in paragraph (1).
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a) may be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subsection (a) may 
     be subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (ii) Immediate effect.--A revocation under clause (i) may--

       (I) take effect immediately; and
       (II) cancel any other valid visa or entry documentation 
     that is in the alien's possession.

       (2) Blocking of property.--
       (A) In general.--The President may exercise all of the 
     powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to 
     the extent necessary to block and prohibit all transactions 
     in property and interests in property of a foreign person 
     described in subsection (a) if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (B) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this section.
       (c) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception to comply with international obligations and 
     for law enforcement activities.--Sanctions under subsection 
     (b)(1) shall not apply with respect to an alien if admitting 
     or paroling the alien into the United States is necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under subsection (b)(2) shall not 
     include the authority or a requirement to impose sanctions on 
     the importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (d) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (b)(2) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (e) Termination of Sanctions.--The President may terminate 
     the application of sanctions under this section with respect 
     to a person if the President determines that--
       (1) information exists that the person did not engage in 
     the activity for which sanctions were imposed;
       (2) the person has been prosecuted appropriately for the 
     activity for which sanctions were imposed;
       (3) the person has credibly demonstrated a significant 
     change in behavior, has paid an appropriate consequence for 
     the activity for which sanctions were imposed, and has 
     credibly committed to not engage in an activity described in 
     subsection (a) in the future; or
       (4) the termination of the sanctions is in the national 
     security interests of the United States.
       (f) Reporting Requirement.--If the President terminates 
     sanctions pursuant to subsection (d), the President shall 
     report to the appropriate congressional committees a written 
     justification for such termination within 15 days.
       (g) Implementation of Regulatory Authority.--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.
       (h) Definitions.--In this section:
       (1) Foreign person.--The term ``foreign person'' means--
       (A) any citizen or national of a foreign country (including 
     any such individual who is also a citizen or national of the 
     United States); or
       (B) any entity not organized solely under the laws of the 
     United States or existing solely in the United States.
       (2) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. __7. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on the Judiciary, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the United States Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, the 
     Committee on the Judiciary, the Committee on Armed Services, 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) United states national.--The term ``United States 
     national'' means--
       (A) a United States national as defined in section 
     101(a)(22) or section 308 of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
       (B) a lawful permanent resident alien with significant ties 
     to the United States.

     SEC. __8. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to authorize a 
     private right of action.
                                 ______
                                 
  SA 1684. Ms. DUCKWORTH (for herself and Mr. Scott of South Carolina) 
submitted an amendment intended to be proposed by her to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INTERAGENCY COMMITTEE ON WOMEN'S BUSINESS 
                   ENTERPRISE.

       Title IV of the Women's Business Ownership Act of 1988 (15 
     U.S.C. 7101 et seq.) is amended--
       (1) in section 402 (15 U.S.C. 7102)--
       (A) in subsection (a)--
       (i) by striking paragraphs (2) and (5);
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (iii) by adding at the end the following:
       ``(4) monitor the plans, programs, and operations of the 
     departments and agencies of the Federal Government to 
     identify barriers to new business formation by women 
     entrepreneurs, or barriers experienced by women-led startups 
     in accessing and participating in the plans, programs, and 
     operations of the departments and agencies of the Federal 
     Government.'';
       (B) in subsection (b), by inserting after the second 
     sentence the following: ``In addition to the meetings 
     described in the preceding sentence, the Interagency 
     Committee shall meet at the call of the executive director of 
     the Council or the chairperson of the Interagency 
     Committee.''; and
       (C) in subsection (c), in the first sentence, by inserting 
     ``, including through the use of research and policy 
     developed by the Council'' after ``Council'';
       (2) in section 403 (15 U.S.C. 7103)--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by inserting 
     ``the executive director of the Council and'' before ``1 
     representative''
       (II) by adding at the end the following:

       ``(K) The National Aeronautics and Space Administration.
       ``(L) The Environmental Protection Agency.
       ``(M) The Deputy Director of Management of the Office of 
     Management and Budget.
       ``(N) The Bureau of Labor Statistics.
       ``(O) The Department of Homeland Security.
       ``(P) The Department of Veterans Affairs.''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``Small Business 
     Administration Reauthorization Act of 1997'' and inserting 
     ``Interagency Committee on Women's Business Enterprise Act of 
     2020''; and
       (II) in subparagraph (B)--

       (aa) by striking ``Small Business''; and
       (bb) by striking ``National Women's Business Council 
     established under section 405'' and inserting ``Council''; 
     and
       (B) by amending subsection (b) to read as follows:
       ``(b) Appointment.--

[[Page S3219]]

       ``(1) In general.--Not later than 45 days after the date of 
     enactment of the Interagency Committee on Women's Business 
     Enterprise Act of 2020, the President, in consultation with 
     the Administrator, shall appoint one of the members of the 
     Interagency Committee to serve as chairperson.
       ``(2) Vacancy.--In the event that a chairperson is not 
     appointed within the time frame required under paragraph (1), 
     the Deputy Administrator of the Small Business Administration 
     shall serve as acting chairperson of the Interagency 
     Committee until a chairperson is appointed under paragraph 
     (1).''; and
       (3) in section 404 (15 U.S.C. 7104)--
       (A) in the matter preceding paragraph (1), by striking 
     ``1995'' and inserting ``2020'';
       (B) in paragraph (1), by adding ``and'' at the end;
       (C) in paragraph (2), by striking ``; and'' and inserting a 
     period; and
       (D) by striking paragraph (3).
                                 ______
                                 
  SA 1685. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MICROLOAN PROGRAM.

       (a) In General.--Section 7(m) of the Small Business Act (15 
     U.S.C. 636(m)) is amended--
       (1) in paragraph (4)(C)(i)(II)--
       (A) by striking ``has a portfolio'' and inserting ``has--
       ``(aa) a portfolio'';
       (B) in item (aa), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(bb) a portfolio of loans made under this subsection of 
     which not less than 25 percent is serving rural areas during 
     the period of the intermediary's participation in the 
     program.'';
       (2) in paragraph (6), by adding at the end the following:
       ``(F) Loan duration.--
       ``(i) In general.--With respect to a loan made by an 
     eligible intermediary under this paragraph on or after the 
     date of enactment of this subparagraph, the duration of the 
     loan shall be not more than 8 years.
       ``(ii) Existing borrowers.--With respect to a loan made by 
     an eligible intermediary under this paragraph to a borrower 
     before the date of enactment of this subparagraph, the 
     duration of the loan may be extended to not more than 8 
     years.''; and
       (3) by striking paragraph (7) and inserting the following:
       ``(7) Program funding for microloans.--Under the program 
     authorized by this subsection, the Administration may fund, 
     on a competitive basis, not more than 300 intermediaries.''.
                                 ______
                                 
  SA 1686. Ms. DUCKWORTH (for herself and Mr. Risch) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OFFICE OF SMALL BUSINESS AND DISADVANTAGED BUSINESS 
                   UTILIZATION.

       Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) 
     is amended, in the matter preceding paragraph (1)--
       (1) by inserting after the first sentence the following: 
     ``If the Government Accountability Office has determined that 
     a Federal agency is not in compliance with all of the 
     requirements under this subsection, the Federal agency shall, 
     not later than 120 days after that determination or 120 days 
     after the date of enactment of this sentence, whichever is 
     later, submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report that 
     includes the reasons why the Federal agency is not in 
     compliance and the specific actions that the Federal agency 
     will take to comply with the requirements under this 
     subsection.''; and
       (2) by striking ``The management of each such office'' and 
     inserting ``The management of each Office of Small Business 
     and Disadvantaged Business Utilization''.
                                 ______
                                 
  SA 1687. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS FOR CERTAIN SMALL BUSINESS 
                   ADMINISTRATION PROGRAMS.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) in section 7(m)(7)(B) (15 U.S.C. 636(m)(7)(B))--
       (A) by striking ``and American Samoa'' each place such term 
     appears and inserting ``American Samoa, and the Commonwealth 
     of the Northern Mariana Islands''; and
       (B) in clause (i)(I)(bb), by striking ``\1/55\'' and 
     inserting ``\1/56\'';
       (2) in section 21(a) (15 U.S.C. 648(a))--
       (A) in paragraph (1), by inserting before ``The 
     Administration shall require'' the following new sentence: 
     ``The previous sentence shall not apply to an applicant that 
     has its principal office located in the Commonwealth of the 
     Northern Mariana Islands.''; and
       (B) in paragraph (4)(C)(ix), by striking ``and American 
     Samoa'' and inserting ``American Samoa, and the Commonwealth 
     of the Northern Mariana Islands''; and
       (3) in section 34(a)(9) (15 U.S.C. 657d(a)(9)), by striking 
     ``and American Samoa'' and inserting ``American Samoa, and 
     the Commonwealth of the Northern Mariana Islands''.
                                 ______
                                 
  SA 1688. Mr. BLUMENTHAL (for himself, Mr. Murphy, Mrs. Gillibrand, 
and Mr. Schumer) submitted an amendment intended to be proposed by him 
to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X of division A, add the 
     following:

     SEC. 1___. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL 
                   PROPERTY IN PLUM ISLAND, NEW YORK.

       (a) Repeal of Requirement in Public Law 110-329.--Section 
     540 of the Department of Homeland Security Appropriations 
     Act, 2009 (division D of Public Law 110-329; 122 Stat. 3688) 
     is repealed.
       (b) Repeal of Requirement in Public Law 112-74.--Section 
     538 of the Department of Homeland Security Appropriations 
     Act, 2012 (6 U.S.C. 190 note; division D of Public Law 112-
     74) is repealed.
                                 ______
                                 
  SA 1689. Mr. BLUMENTHAL (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 320. RESTRICTION ON PROCUREMENT BY DEFENSE LOGISTICS 
                   AGENCY OF CERTAIN ITEMS CONTAINING 
                   PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL 
                   SUBSTANCES.

       (a) Prohibition.--The Director of the Defense Logistics 
     Agency may not procure any covered item containing a 
     perfluoroalkyl substance or polyfluoroalkyl substance.
       (b) Definitions.--In this section:
       (1) Covered item.--The term ``covered item'' means--
       (A) non-stick cookware or food service ware for use in 
     galleys or dining facilities;
       (B) food packaging materials;
       (C) furniture or floor waxes;
       (D) carpeting, rugs, or upholstered furniture;
       (E) personal care items;
       (F) dental floss; and
       (G) sunscreen.
       (2) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
     substance'' means a man-made chemical of which all of the 
     carbon atoms are fully fluorinated carbon atoms.
       (3) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl 
     substance'' means a man-made chemical containing a mix of 
     fully fluorinated carbon atoms, partially fluorinated carbon 
     atoms, and nonfluorinated carbon atoms.
       (c) Effective Date.--This section shall take effect on the 
     date that is one year after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1690. Mr. BLUMENTHAL (for himself, Ms. Baldwin, Ms. Warren, and 
Mrs. Gillibrand) submitted an amendment intended to be proposed by him 
to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S3220]]

  


     SEC. ___. MODIFICATIONS TO THE INSURRECTION ACT OF 1807.

       (a) Certifications to Congress.--Chapter 13 of title 10, 
     United States Code (commonly known as the ``Insurrection Act 
     of 1807''), is amended--
       (1) in section 251--
       (A) by striking ``Whenever'' and inserting the following:
       ``(a) Authority.--Whenever''; and
       (B) by adding at the end the following new subsection:
       ``(b) Certification to Congress.--Whenever the President 
     invokes the authority under this section, not later than 48 
     hours after such invocation of authority, the President shall 
     certify to Congress that the legislature or the governor of 
     the State concerned has requested the aid described in 
     subsection (a) to suppress an insurrection.'';
       (2) in section 252--
       (A) by striking ``Whenever'' and inserting the following:
       ``(a) Authority.--Whenever''; and
       (B) by adding at the end the following new subsection:
       ``(b) Certification to Congress.--
       ``(1) Whenever the President invokes the authority under 
     this section, not later than 48 hours after such invocation 
     of authority, the President shall certify to Congress that 
     the State concerned is unable or unwilling to suppress an 
     unlawful obstruction, combination, or assemblage, or 
     rebellion against the authority of the United States 
     described in subsection (a).
       ``(2) A certification under paragraph (1) shall include the 
     following:
       ``(A) A description of the circumstances necessitating such 
     invocation of authority.
       ``(B) Demonstrable evidence that the State concerned is 
     unable or unwilling to suppress such unlawful obstruction, 
     combination, or assemblage, or rebellion against the 
     authority of the United States, and a legal justification for 
     resorting to the authority under this section to so suppress.
       ``(C) A description of the mission, scope, and duration of 
     use of members of the armed forces under this section.''; and
       (3) in section 253--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) in the matter preceding subparagraph (A), as so 
     redesignated, by striking ``The President'' and inserting the 
     following:
       ``(a) Authority.--(1) The President'';
       (C) in the undesignated matter following subparagraph (B), 
     as so redesignated, by striking ``In any situation covered by 
     clause (1)'' and inserting the following new paragraph (2):
       ``(2) Rule of construction.--In any situation covered by 
     subparagraph (A)''; and
       (D) by adding at the end the following new subsection:
       ``(b) Certification to Congress.--
       ``(1) Whenever the President invokes the authority under 
     this section, not later than 48 hours after such invocation 
     of authority, the President shall certify to Congress that 
     the State concerned is unable or unwilling to suppress an 
     insurrection, domestic violence, an unlawful combination, or 
     a conspiracy described in subsection (a).
       ``(2) A certification under paragraph (1) shall include the 
     following:
       ``(A) A description of the circumstances necessitating such 
     invocation of authority.
       ``(B) Demonstrable evidence that the State concerned is 
     unable or unwilling to suppress such insurrection, domestic 
     violence, unlawful combination, or conspiracy, and a legal 
     justification for resorting to the authority under this 
     section to so suppress.
       ``(C) A description of the mission, scope, and duration of 
     use of members of the armed forces under this section.''.
       (b) Invocation of Authority for Protection of Civil 
     Rights.--Section 253 of title 10, United States Code, as 
     amended by subsection (a)(3), is further amended, in 
     subsection (a)(1)(B), as so designated, by striking ``the 
     laws of the United States or'' and inserting ``Federal or 
     State law to protect the civil rights of the people of the 
     United States under the Constitution and''.
       (c) Consultation With Congress.--
       (1) In general.--Chapter 13 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 256. Consultation with Congress

       ``The President, in every possible instance, shall consult 
     with Congress before invoking the authority under section 
     251, 252, or 253.''.
       (2) Technical and conforming amendment.--The table of 
     sections at the beginning of chapter 13 of title 10, United 
     States Code, is amended by adding at the end the following 
     new item:

``256. Consultation with Congress.''.
                                 ______
                                 
  SA 1691. Mr. BLUMENTHAL (for himself, Ms. Baldwin, Mrs. Gillibrand, 
and Mr. Wyden) submitted an amendment intended to be proposed by him to 
the bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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. ____. MODIFICATIONS TO THE INSURRECTION ACT OF 1807.

       (a) Federal Aid for State Governments.--Section 251 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 251. Federal aid for State governments

       ``(a) Authority.--Whenever there is an insurrection in any 
     State against its government, the President may, upon the 
     request of the governor of the State concerned, call into 
     Federal service such of the militia of the other States, in 
     the number requested by the governor of the State concerned, 
     and use such of the armed forces, as the President considers 
     necessary to suppress the insurrection.
       ``(b) Certification to Congress.--The President may not 
     invoke the authority under this section unless the President, 
     the Secretary of Defense, and the Attorney General certify to 
     Congress that the governor of the State concerned has 
     requested the aid described in subsection (a) to suppress an 
     insurrection.''.
       (b) Use of Militia and Armed Forces to Enforce Federal 
     Authority.--Section 252 of title 10, United States Code, is 
     amended to read as follows:

     ``Sec. 252. Use of militia and armed forces to enforce 
       Federal authority

       ``(a) Authority.--Whenever unlawful obstructions, 
     combinations, or assemblages, or rebellion against the 
     authority of the United States, make it impracticable to 
     enforce the laws of the United States in any State by the 
     ordinary course of judicial proceedings, the President may 
     call into Federal service such of the militia of any State, 
     and use such of the armed forces, as the President considers 
     necessary to enforce those laws or to suppress the rebellion.
       ``(b) Certification to Congress.--
       ``(1) The President may not invoke the authority under this 
     section unless the President, the Secretary of Defense, and 
     the Attorney General certify to Congress that the State 
     concerned is unable or unwilling to suppress an unlawful 
     obstruction, combination, or assemblage, or rebellion against 
     the authority of the United States described in subsection 
     (a).
       ``(2) A certification under paragraph (1) shall include the 
     following:
       ``(A) A description of the circumstances necessitating the 
     invocation of the authority under this section.
       ``(B) Demonstrable evidence that the State concerned is 
     unable or unwilling to suppress such unlawful obstruction, 
     combination, or assemblage, or rebellion against the 
     authority of the United States, and a legal justification for 
     resorting to the authority under this section to so suppress.
       ``(C) A description of the mission, scope, and duration of 
     use of members of the armed forces under this section.''.
       (c) Interference With State and Federal Law.--Section 253 
     of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 253. Interference with State and Federal law

       ``(a) Authority.--(1) The President, by using the militia 
     or the armed forces, or both, or by any other means, shall 
     take such measures as the President considers necessary to 
     suppress, in a State, any insurrection, domestic violence, 
     unlawful combination, or conspiracy, if it--
       ``(A) so hinders the execution of the laws of that State, 
     and of the United States within the State, that any part or 
     class of its people is deprived of a right, privilege, 
     immunity, or protection named in the Constitution and secured 
     by law, and the constituted authorities of that State are 
     unable, fail, or refuse to protect that right, privilege, or 
     immunity, or to give that protection; or
       ``(B) opposes or obstructs the execution of the Federal or 
     State laws to protect the civil rights of the people of the 
     United States under the Constitution and impedes the course 
     of justice under those laws.
       ``(2) In any situation covered by paragraph (1)(A), the 
     State shall be considered to have denied the equal protection 
     of the laws secured by the Constitution.
       ``(b) Certification to Congress.--
       ``(1) The President may not invoke the authority under this 
     section unless the President, the Secretary of Defense, and 
     the Attorney General certify to Congress that the State 
     concerned is unable or unwilling to suppress an insurrection, 
     domestic violence, an unlawful combination, or a conspiracy 
     described in subsection (a).
       ``(2) A certification under paragraph (1) shall include the 
     following:
       ``(A) A description of the circumstances necessitating the 
     invocation of the authority under this section.
       ``(B) Demonstrable evidence that the State concerned is 
     unable or unwilling to suppress such insurrection, domestic 
     violence, unlawful combination, or conspiracy, and a legal 
     justification for resorting to the authority under this 
     section to so suppress.
       ``(C) A description of the mission, scope, and duration of 
     use of members of the armed forces under this section.''.
       (d) Consultation With Congress.--
       (1) In general.--Chapter 13 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 256. Consultation

       ``The President, in every possible instance, shall consult 
     with Congress before invoking the authority under section 
     251, 252, or 253.''.
       (2) Technical and conforming amendment.--The table of 
     sections at the beginning of chapter 13 of title 10, United 
     States Code, is amended by adding at the end the following:

``256. Consultation.''.

[[Page S3221]]

       (e) Termination and Extension of Authority.--
       (1) In general.--Chapter 13 of title 10, United States 
     Code, as amended by subsection (d), is further amended by 
     adding at the end the following new section:

     ``Sec. 257. Termination of authority and expedited procedures 
       for extension by joint resolution of Congress

       ``(a) Definitions.--In this section:
       ``(1) 14-day period.--With respect to an invocation of 
     authority under section 251, 252, or 253, the term `14-day 
     period' means, as applicable--
       ``(A) in the case of an invocation of authority on a date 
     on which Congress is in session, the period beginning on the 
     date on which the President invokes such authority and ending 
     on the date that is 14 calendar days after the date of such 
     invocation; or
       ``(B) in the case of an invocation of authority on a date 
     on which Congress is adjourned, the period beginning on the 
     date on which the next session of Congress commences and 
     ending on the date that is 14 calendar days after the date of 
     such commencement.
       ``(2) Joint resolution.--The term `joint resolution' means 
     a joint resolution--
       ``(A) that is introduced with respect to the invocation of 
     authority under section 251, 252, or 253 during the 14-day 
     period;
       ``(B) which does not have a preamble;
       ``(C) the title of which is as follows: `Joint resolution 
     relating to the extension of authority for purposes of _____ 
     of title 10, United States Code', the blank space being 
     filled in with whether the extension relates to the provision 
     of Federal aid for State governments under section 251, the 
     use of militia and armed forces to enforce Federal authority 
     under section 252, or the suppression of interference with 
     State and Federal law under section 253; and
       ``(D) the matter after the resolving clause of which is as 
     follows: `That Congress extends the authority to ______, 
     invoked by the President on ______ .', the first blank space 
     being filled in with whether the extension relates to the 
     provision of Federal aid for State governments, the use of 
     militia and armed forces to enforce Federal authority, or the 
     suppression of interference with State and Federal law, and 
     the second blank space being filled in with the date on which 
     the President invoked such authority.
       ``(b) Joint Resolution Enacted.--Notwithstanding any other 
     provision of this section, if, not later than the last day of 
     the 14-day period, there is enacted into law a joint 
     resolution, the period of such authority shall be extended 
     for a period to be determined by Congress and expressed in 
     the joint resolution.
       ``(c) Joint Resolution Not Enacted.--Notwithstanding any 
     other provision of this section, if a joint resolution is not 
     enacted on or before the last day of the 14-day period--
       ``(1) such authority invoked by the President shall 
     terminate; and
       ``(2) the President may not, at any time after the 14-day 
     period, re-invoke authority under section 251, 252, or 253, 
     unless there has been a material and significant change in 
     factual circumstances, and such circumstances are provided in 
     a new certification to Congress.
       ``(d) Expedited Consideration in House of 
     Representatives.--
       ``(1) Reconvening.--Upon invocation by the President of the 
     authority under section 251, 252, or 253, the Speaker of the 
     House of Representatives, if the House of Representatives 
     would otherwise be adjourned, shall notify the Members of the 
     House of Representatives that, pursuant to this section, the 
     House of Representatives shall convene not later than 3 
     calendar days after the date of such invocation.
       ``(2) Reporting and discharge.--Any committee of the House 
     of Representatives to which a joint resolution is referred 
     shall report it to the House of Representatives not later 
     than 7 calendar days after the last day of the 14-day period, 
     there is enacted into law a joint resolution. If a committee 
     fails to report the joint resolution within that period, the 
     committee shall be discharged from further consideration of 
     the joint resolution and the joint resolution shall be 
     referred to the appropriate calendar.
       ``(3) Proceeding to consideration.--
       ``(A) In general.--After each committee authorized to 
     consider a joint resolution reports it to the House of 
     Representatives or has been discharged from its 
     consideration, it shall be in order, not later than 7 
     calendar days after the last day of the 14-day period, to 
     move to proceed to consider the joint resolution in the House 
     of Representatives.
       ``(B) Procedure.--For a motion to proceed to consider a 
     joint resolution--
       ``(i) all points of order against the motion are waived;
       ``(ii) such a motion shall not be in order after the House 
     of Representatives has disposed of a motion to proceed on the 
     joint resolution;
       ``(iii) the previous question shall be considered as 
     ordered on the motion to its adoption without intervening 
     motion;
       ``(iv) the motion shall not be debatable; and
       ``(v) a motion to reconsider the vote by which the motion 
     is disposed of shall not be in order.
       ``(4) Consideration.--If the House of Representatives 
     proceeds to consideration of a joint resolution--
       ``(A) the joint resolution shall be considered as read;
       ``(B) all points of order against the joint resolution and 
     against its consideration are waived;
       ``(C) the previous question shall be considered as ordered 
     on the joint resolution to its passage without intervening 
     motion except 10 hours of debate equally divided and 
     controlled by the proponent and an opponent;
       ``(D) an amendment to the joint resolution shall not be in 
     order; and
       ``(E) a motion to reconsider the vote on passage of the 
     joint resolution shall not be in order.
       ``(e) Expedited Consideration in Senate.--
       ``(1) Reconvening.--Upon invocation by the President of the 
     authority under section 251, 252, or 253, if the Senate has 
     adjourned or recessed for more than 2 calendar days, the 
     majority leader of the Senate, after consultation with the 
     minority leader of the Senate, shall notify the Members of 
     the Senate that, pursuant to this section, the Senate shall 
     convene not later than 3 calendar days after the date of such 
     invocation.
       ``(2) Placement on calendar.--Upon introduction in the 
     Senate, the joint resolution shall be placed immediately on 
     the calendar.
       ``(3) Proceeding to consideration.--
       ``(A) In general.--Notwithstanding rule XXII of the 
     Standing Rules of the Senate, it is in order, not later than 
     7 calendar days after the last day of the 14-day period (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of a 
     joint resolution.
       ``(B) Procedure.--For a motion to proceed to the 
     consideration of a joint resolution--
       ``(i) all points of order against the motion are waived;
       ``(ii) the motion is not debatable;
       ``(iii) the motion is not subject to a motion to postpone;
       ``(iv) a motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order; and
       ``(v) if the motion is agreed to, the joint resolution 
     shall remain the unfinished business until disposed of.
       ``(4) Floor consideration.--
       ``(A) In general.--If the Senate proceeds to consideration 
     of a joint resolution--
       ``(i) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived;
       ``(ii) consideration of the joint resolution, and all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the majority and minority leaders or their 
     designees;
       ``(iii) a motion further to limit debate is in order and 
     not debatable;
       ``(iv) an amendment to, a motion to postpone, or a motion 
     to commit the joint resolution is not in order; and
       ``(v) a motion to proceed to the consideration of other 
     business is not in order.
       ``(B) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the consideration of 
     a joint resolution, and a single quorum call at the 
     conclusion of the debate if requested in accordance with the 
     rules of the Senate.
       ``(C) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of this 
     subsection or the rules of the Senate, as the case may be, to 
     the procedure relating to a joint resolution shall be decided 
     without debate.
       ``(f) Rules Relating to Senate and House of 
     Representatives.--
       ``(1) Coordination with action by other house.--If, before 
     the passage by one House of a joint resolution of that House, 
     that House receives from the other House a joint resolution--
       ``(A) the joint resolution of the other House shall not be 
     referred to a committee; and
       ``(B) with respect to a joint resolution of the House 
     receiving the resolution--
       ``(i) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     and
       ``(ii) the vote on passage shall be on the joint resolution 
     of the other House.
       ``(2) Treatment of joint resolution of other house.--If one 
     House fails to introduce or consider a joint resolution under 
     this subsection, the joint resolution of the other House 
     shall be entitled to expedited floor procedures under this 
     section.
       ``(3) Treatment of companion measures.--If, following 
     passage of a joint resolution in the Senate, the Senate 
     receives the companion measure from the House of 
     Representatives, the companion measure shall not be 
     debatable.
       ``(4) Consideration after passage.--
       ``(A) Period pending with president.--If Congress passes a 
     joint resolution--
       ``(i) the period beginning on the date on which the 
     President is presented with the joint resolution and ending 
     on the date on which the President signs, allows to become 
     law without signature, or vetoes and returns the joint 
     resolution (but excluding days when either House is not in 
     session) shall be disregarded in determining whether the 
     joint resolution was enacted before the last day of the 14-
     day period; and
       ``(ii) the date that is the number of days in the period 
     described in clause (i) after the 14-day period shall be 
     substituted for the 14-day period for purposes of subsections 
     (b) and (c).
       ``(B) Vetoes.--If the President vetoes the joint 
     resolution, consideration of a veto message in the Senate 
     under this section shall be not more than 2 hours equally 
     divided between the majority and minority leaders or their 
     designees.

[[Page S3222]]

       ``(g) Rules of House of Representatives and Senate.--
     Subsections (d) and (e) and paragraphs (1), (2), (3), and 
     (4)(B) of subsection (f) are enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such are 
     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, and 
     supersede other rules only to the extent that they are 
     inconsistent with such rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.''.
       (2) Technical and conforming amendment.--The table of 
     sections at the beginning of chapter 13 of title 10, United 
     States Code, as amended by subsection (d), is further amended 
     by adding at the end the following:

``257. Termination of authority and expedited procedures for extension 
              by joint resolution of Congress.''.
       (f) Judicial Review for Injury Resulting From Use of the 
     Armed Forces.--
       (1) In general.--Chapter 13 of title 10, United States 
     Code, as amended by subsection (e), is further amended by 
     adding at the end the following new section:

     ``Sec. 258. Judicial review

       ``(a) In General.--Notwithstanding, and without prejudice 
     to, any other provision of law, any individual or entity 
     (including a State or local government) that is injured by, 
     or has a credible fear of injury from, the use of members of 
     the armed forces under this chapter may bring a civil action 
     for declaratory or injunctive relief. In any action under 
     this section, the district court shall have jurisdiction to 
     decide any question of law or fact arising under this 
     chapter, including challenges to the legal basis for members 
     of the armed forces to be acting under this chapter.
       ``(b) Expedited Consideration.--It shall be the duty of the 
     applicable district court of the United States and the 
     Supreme Court of the United States to advance on the docket 
     and to expedite to the greatest possible extent the 
     disposition of any matter brought under this section.
       ``(c) Appeals.--
       ``(1) In general.--The Supreme Court of the United States 
     shall have jurisdiction of an appeal from a final decision of 
     a district court of the United States in a civil action 
     brought under this section.
       ``(2) Filing deadline.--A party shall file an appeal under 
     paragraph (1) not later than 30 days after the court issues a 
     final decision under subsection (a).''.
       (2) Technical and conforming amendment.--The table of 
     sections at the beginning of chapter 13 of title 10, United 
     States Code, as amended by subsection (e), is further amended 
     by adding at the end the following:

``258. Judicial review.''.
       (g) Restriction on Direct Participation by Military 
     Personnel.--Section 275 of title 10, United States Code, is 
     amended to read as follows:

     ``Sec. 275. Restriction on direct participation by military 
       personnel

       ``(a) In General.--No activity (including the provision of 
     any equipment or facility or the assignment or detail of any 
     personnel) under this title shall include or permit direct 
     participation by a member of the Army, Navy, Air Force, or 
     Marine Corps in a search, seizure, arrest, or other similar 
     activity unless participation in such activity by such member 
     is otherwise expressly authorized by law.
       ``(b) Regulations.--The Secretary of Defense shall 
     prescribe such regulations as may be necessary to ensure 
     compliance with subsection (a).''.
                                 ______
                                 
  SA 1692. Ms. HIRONO (for herself and Mr. Sullivan) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ____. EXEMPTION FROM IMMIGRANT VISA LIMIT.

       Section 201(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(1)) is amended by adding at the end the 
     following:
       ``(F) Aliens who--
       ``(i) are eligible for a visa under paragraph (1) or (3) of 
     section 203(a); and
       ``(ii) have a parent (regardless of whether the parent is 
     living or dead) who was naturalized pursuant to--
       ``(I) section 405 of the Immigration Act of 1990 (Public 
     Law 101-649; 8 U.S.C. 1440 note); or
       ``(II) title III of the Act of October 14, 1940 (54 Stat. 
     1137, chapter 876), as added by section 1001 of the Second 
     War Powers Act, 1942 (56 Stat. 182, chapter 199).''.
                                 ______
                                 
  SA 1693. Mr. MORAN (for himself, Mr. Udall, Mrs. Blackburn, Mr. 
Boozman, Mrs. Capito, and Mr. Rounds) submitted an amendment intended 
to be proposed by him to the bill S. 4049, to authorize appropriations 
for fiscal year 2021 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. ___. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES 
                   FOR MATERNITY LEAVE TAKEN BY MEMBERS OF THE 
                   RESERVE COMPONENTS.

       (a) Compensation.--Section 206(a) of title 37, United 
     States Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding the end the following new paragraph:
       ``(4) for each of 6 days in connection with the taking by 
     the member of a period of maternity leave.''.
       (b) Credit for Retired Pay Purposes.--
       (1) In general.--The period of maternity leave taken by a 
     member of the reserve components of the Armed Forces in 
     connection with the birth of a child shall count toward the 
     member's entitlement to retired pay, and in connection with 
     the years of service used in computing retired pay, under 
     chapter 1223 of title 10, United States Code, as 12 points.
       (2) Separate credit for each period of leave.--Separate 
     crediting of points shall accrue to a member pursuant to this 
     subsection for each period of maternity leave taken by the 
     member in connection with a childbirth event.
       (3) When credited.--Points credited a member for a period 
     of maternity leave pursuant to this subsection shall be 
     credited in the year in which the period of maternity leave 
     concerned commences.
       (4) Contribution of leave toward entitlement to retired 
     pay.--Section 12732(a)(2) of title 10, United States Code, is 
     amended by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Points at the rate of 12 a year for the taking of 
     maternity leave.''.
       (5) Computation of years of service for retired pay.--
     Section 12733 of such title is amended--
       (A) by redesignating paragraph (5) as paragraph (6); and
       (B) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) One day for each point credited to the person under 
     subparagraph (F) of section 12732(a)(2) of this title.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act, and shall apply with respect to 
     periods of maternity leave that commence on or after that 
     date.
                                 ______
                                 
  SA 1694. Mr. MORAN (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. __. STUDY ON UNEMPLOYMENT RATE OF FEMALE VETERANS WHO 
                   SERVED ON ACTIVE DUTY IN THE ARMED FORCES AFTER 
                   SEPTEMBER 11, 2001.

       (a) Study.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs, 
     in consultation with the Bureau of Labor Statistics of the 
     Department of Labor, shall conduct a study on why Post-9/11 
     Veterans who are female are at higher risk of unemployment 
     than all other groups of female veterans and their non-
     veteran counterparts.
       (2) Conduct of study.--
       (A) In general.--The Secretary shall conduct the study 
     under paragraph (1) primarily through the Center for Women 
     Veterans under section 318 of title 38, United States Code.
       (B) Consultation.--In carrying out the study conducted 
     under paragraph (1), the Secretary may consult with--
       (i) other Federal agencies, such as the Department of 
     Defense, the Office of Personnel Management, and the Small 
     Business Administration;
       (ii) foundations; and
       (iii) entities in the private sector.
       (3) Elements of study.--The study conducted under paragraph 
     (1) shall include, with respect to Post-9/11 Veterans who are 
     female, at a minimum, an analysis of the following:
       (A) Rank at time of separation from the Armed Forces.
       (B) Geographic location upon such separation.
       (C) Educational level upon such separation.
       (D) The percentage of such veterans who enrolled in an 
     education or employment

[[Page S3223]]

     training program of the Department of Veterans Affairs or the 
     Department of Labor after such separation.
       (E) Industries that have employed such veterans.
       (F) Military occupational specialties available to such 
     veterans.
       (G) Barriers to employment of such veterans.
       (H) Causes to fluctuations in employment of such veterans.
       (I) Current employment training programs of the Department 
     of Veterans Affairs or the Department of Labor that are 
     available to such veterans.
       (J) Economic indicators that impact unemployment of such 
     veterans.
       (K) Health conditions of such veterans that could impact 
     employment.
       (L) Whether there are differences in the analyses conducted 
     under subparagraphs (A) through (K) based on the race of such 
     veteran.
       (M) The difference between unemployment rates of Post-9/11 
     Veterans who are female compared to unemployment rates of 
     Post-9/11 Veterans who are male, including an analysis of 
     potential causes of such difference.
       (b) Report.--
       (1) In general.--Not later than 90 days after completing 
     the study under subsection (a), the Secretary shall submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report on such study.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The analyses conducted under subsection (a)(3).
       (B) A description of the methods used to conduct the study 
     under subsection (a).
       (C) Such other matters relating to the unemployment rates 
     of Post-9/11 Veterans who are female as the Secretary 
     considers appropriate.
       (c) Post-9/11 Veteran Defined.--In this section, the term 
     ``Post-9/11 Veteran'' means a veteran who served on active 
     duty in the Armed Forces on or after September 11, 2001.
                                 ______
                                 
  SA 1695. Mr. MORAN (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   TITLE___--DECLASSIFICATION REFORM

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Declassification Reform 
     Act of 2020''.

     SEC. __2. DEFINITIONS.

       In this title:
       (1) Classification.--The term ``classification'' means the 
     act or process by which information is determined to be 
     classified information.
       (2) Classified national security information or classified 
     information.--The term ``classified national security 
     information'' or ``classified information'' means information 
     that has been determined pursuant to Executive Order 13526 
     (50 U.S.C. 3161 note; relating to classified national 
     security information), or any predecessor or successor order, 
     to require protection against unauthorized disclosure and is 
     marked to indicate its classified status when in documentary 
     form.
       (3) Declassification.--The term ``declassification'' means 
     the authorized change in the status of information from 
     classified information to unclassified information.
       (4) Executive agency.--The term ``Executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.

     SEC. __3. EXECUTIVE AGENT FOR DECLASSIFICATION.

       (a) Establishment.--There is in the executive branch of the 
     Federal Government an Executive Agent for Declassification 
     who shall be responsible for promoting programs, processes, 
     and systems relating to declassification, including 
     developing technical solutions for automating 
     declassification review, and directing resources for such 
     purposes in the Federal Government.
       (b) Designation.--The Director of National Intelligence 
     shall serve as the Executive Agent for Declassification.
       (c) Duties.--The duties of the Executive Agent for 
     Declassification are as follows:
       (1) To promote programs, processes, and systems with the 
     goal of ensuring that declassification activities keep pace 
     with classification activities and that classified 
     information is declassified at such time as it no longer 
     meets the standard for classification.
       (2) To promote the establishment of a federated 
     declassification system to streamline, modernize, and oversee 
     declassification across Executive agencies.
       (3) To provide guidance on resources to develop, 
     coordinate, and implement a federated declassification system 
     that includes technologies that automate declassification 
     review and promote consistency in declassification 
     determinations across the executive branch of the Federal 
     Government.
       (4) To work with the Director of the Office of Management 
     and Budget in developing a line item for declassification in 
     each budget of the President that is submitted for a fiscal 
     year under section 1105(a) of title 31, United States Code.
       (5) To identify and support the development of--
       (A) best practices for declassification among Executive 
     agencies; and
       (B) goal oriented declassification pilot programs.
       (6) To promote technological and automated solutions 
     relating to declassification, with human input as necessary 
     for key policy decisions.
       (7) To promote feasible, sustainable, and interoperable 
     programs, processes, and systems to facilitate a federate 
     declassification system.
       (8) To coordinate the implementation across Executive 
     agencies of the most effective programs and approaches 
     relating to declassification.
       (9) In coordination with the Administrator of the Office of 
     Federal Procurement Policy, develop acquisition and 
     contracting policies relating to declassification and review 
     agency compliance therewith.
       (10) In coordination with the Information Security 
     Oversight Office in the National Archives and Records 
     Administration--
       (A) to issue policies and directives to the heads of 
     Executive agencies relating to directing resources and making 
     technological investments in declassification that include 
     support for a federated declassification system;
       (B) to ensure implementation of the policies and directives 
     issued under subparagraph (A);
       (C) to collect information on declassification practices 
     and policies across Executive agencies, including challenges 
     to effective declassification, training, accounting, and 
     costs associated with classification and declassification;
       (D) to develop policies for ensuring the accuracy of 
     information obtained from Federal agencies; and
       (E) to develop accurate and relevant metrics for judging 
     the success of declassification policies and directives.
       (d) Consultation With Executive Committee on 
     Declassification Programs and Technology.--In making 
     decisions under this section, the Executive Agent for 
     Declassification shall consult with the Executive Committee 
     on Declassification Programs and Technology established under 
     section 5(a).
       (e) Coordination With the National Declassification 
     Center.--In implementing a federated declassification system, 
     the Executive Agent for Declassification shall act in 
     coordination with the National Declassification Center 
     established by section 3.7(a) of Executive Order 13526 (50 
     U.S.C. 3161 note; relating to classified national security 
     information).

     SEC. __ __4. EXECUTIVE COMMITTEE ON DECLASSIFICATION PROGRAMS 
                   AND TECHNOLOGY.--

       (a) Establishment.--There is established a committee to 
     provide advice and guidance to the Executive Agent for 
     Declassification on matters relating to declassification 
     programs and technology.
       (b) Designation.--The committee established by subsection 
     (a) shall be known as the ``Executive Committee on 
     Declassification Programs and Technology'' (in this section 
     referred to as the ``Committee'').
       (c) Membership.--
       (1) Composition.--The Committee shall be composed of the 
     following:
       (A) The Director of National Intelligence.
       (B) The Under Secretary of Defense for Intelligence.
       (C) The Secretary of Energy.
       (D) The Secretary of State.
       (E) The Director of the National Declassification Center.
       (F) The Director of the Information Security Oversight 
     Board.
       (G) The Director of the Office of Management and Budget.
       (H) Such other members as the Executive Agent for 
     Declassification considers appropriate.
       (2) Chairperson.--The chairperson of the Committee shall be 
     the Director of National Intelligence.

     SEC. __5. ADVISORY BODIES FOR EXECUTIVE AGENT FOR 
                   DECLASSIFICATION.

       (a) Designation of Advisory Bodies.--The following are 
     hereby advisory bodies for the Executive Agent for 
     Declassification:
       (1) The Public Interest Declassification Board established 
     by section 703(a) of the Public Interest Declassification Act 
     of 2000 (Public Law 106-567).
       (2) The Office of the Historian of the Department of State.
       (3) The Historical Office of the Secretary of Defense.
       (4) The office of the chief historian of the Central 
     Intelligence Agency.
       (b) Matters Pertaining to the Public Interest 
     Declassification Board.--
       (1) Continuity of membership.--Subsection (c)(2) of section 
     703 of the Public Interest Declassification Act of 2000 
     (Public Law 106-567; 50 U.S.C. 3161 note) is amended by 
     adding at the end the following:
       ``(E) Notwithstanding the other provisions of this 
     paragraph, a member whose term has expired may continue to 
     serve until a successor is appointed.''.
       (2) Meetings.--Subsection (e) of such section is amended, 
     in the second sentence, by inserting ``appointed'' before 
     ``members''.

[[Page S3224]]

  


     SEC. __6. REPORTING.

       (a) Annual Report.--Not later than the end of the first 
     full fiscal year beginning after the date of the enactment of 
     this Act and not less frequently than once each fiscal year, 
     the Executive Agent for Declassification shall submit to 
     Congress and make available to the public a report on the 
     implementation of declassification programs and processes in 
     the most recently completed fiscal year.
       (b) Coordination.--The report shall be coordinated with the 
     Annual Report of the Information Security Oversight Office in 
     the National Archives and Records Administration pursuant to 
     Section 5.2(b)(8) of Executive Order 13526.
       (c) Contents.--Each report submitted and made available 
     under subsection (a) shall include, for the period covered by 
     the report, the following:
       (1) The costs incurred by the Federal Government for 
     classification and declassification.
       (2) A description of information systems of the Federal 
     Government and technology programs, processes, and systems of 
     Executive agencies related to declassification.
       (3) A description of the policies and directives issued by 
     the Executive Agent for Declassification and other activities 
     of the Executive Agent for Declassification.
       (4) A description of the challenges posed to Executive 
     agencies in implementing the policies and directives of the 
     Executive Agent for Declassification relating to 
     declassification as well as the policies of the Executive 
     agencies.
       (5) A description of pilot programs and new investments in 
     programs, processes, and systems relating to declassification 
     and metrics of effectiveness for such programs, processes, 
     and systems.
       (6) A description of progress and challenges in achieving 
     the goal described in section 4(c)(1).

     SEC. __7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $5,000,000 for fiscal year 2021.
                                 ______
                                 
  SA 1696. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. CROSS-FUNCTIONAL TEAMS AND RELATED MATTERS.

       (a) Requirement for Civilian Leadership of CFTs.--The 
     Secretary of Defense shall ensure that the leadership of each 
     cross-functional team in the Department of Defense is 
     composed solely of civilian officers or employees of the 
     Department.
       (b) Acquisition Certifications for Leadership of 
     Acquisition CFTs.--The Secretary shall ensure that any 
     civilian or senior military personnel of the Department who 
     are assigned to a leadership position within a defense 
     acquisition organization or cross-functional team possess 
     appropriate acquisition certifications (as determined in 
     accordance with the Defense Acquisition Workforce Improvement 
     Act (DAWIA)).
       (c) Reporting by Army Futures Command.--The Secretary of 
     the Army shall ensure each of that following:
       (1) That the Army Futures Command reports directly to the 
     Assistant Secretary of the Army for Acquisition, Logistics, 
     and Technology.
       (2) That the Assistant Secretary has final authority over 
     all acquisition and modernization decisions with respect to 
     the Army Futures Command.
                                 ______
                                 
  SA 1697. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 28__. SENSE OF CONGRESS ON RELOCATION OF JOINT SPECTRUM 
                   CENTER.

       It is the Sense of Congress that Congress strongly 
     recommends that the Director of the Defense Information 
     Systems Agency begin the process for the relocation of the 
     Joint Spectrum Center of the Department of Defense to the 
     building at Fort Meade that is allocated for such center.
                                 ______
                                 
  SA 1698. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON MILITARY PARADES THAT CONSIST OF A 
                   DEMONSTRATION OF FORCE.

       None of the amounts authorized to be appropriated by this 
     Act may be obligated or expended for or in connection with 
     any military parade that consists entirely or primarily of a 
     demonstration of force.
                                 ______
                                 
  SA 1699. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ESTABLISHMENT OF ENERGETICS PROGRAM OFFICE.

       (a) Establishment.--The Secretary of Defense shall 
     establish an program office in the Department of the Navy to 
     coordinate innovative energetics research and to ensure a 
     robust and sustained energetics material enterprise.
       (b) Designation.--The program office established under 
     subsection (a) shall be known as the ``Energetics Program 
     Office''.
                                 ______
                                 
  SA 1700. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. CONTRACT FINANCE RATES.

       Section 2307(a) of title 10, United States Code is amended 
     by adding at the end the following new paragraph:
       ``(3)(A) The Secretary of Defense may not establish a 
     contract finance rate for a payment that is lower than any 
     other government agency.
       ``(B)(i) The Secretary of Defense may not initiate a 
     regulatory change to a contract finance rate until the 
     Secretary provides the congressional defense committees with 
     a notice of determination of need to adjust the customary 
     rates. At a minimum, this notice shall include--
       ``(I) a justification for the rate change, together with 
     the data and analysis relied upon to inform the 
     determination; and
       ``(II) an assessment of how the rate change will lead to a 
     more effective acquisition process and a healthier industrial 
     base.
       ``(ii) The Secretary shall ensure the notice of 
     determination of need required under clause (i) is published 
     in the Federal Register not later than 5 business days after 
     the notice is provided to the congressional defense 
     committees.''.
                                 ______
                                 
  SA 1701. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

      Subtitle__--Enhancing Human Rights Protections in Arms Sales

     SEC. __. SHORT TITLE.

       This subtitle may be cited as the ``Enhancing Human Rights 
     Protections in Arms Sales Act of 2020''.

     SEC. __. STRATEGY ON ENHANCING HUMAN RIGHTS CONSIDERATIONS IN 
                   UNITED STATES MILITARY ASSISTANCE AND ARMS 
                   TRANSFERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, with the 
     concurrence of the Secretary of Defense, shall submit to the 
     appropriate congressional committees a strategy to enhance 
     United States efforts to ensure human rights protections for 
     United States military assistance and arms transfers. The 
     strategy shall include processes and procedures to--
       (1) determine when United States military assistance and 
     arms transfers are used to commit gross violations of 
     internationally recognized human rights;
       (2) determine when United States military assistance and 
     arms transfers are used to undermine international peace and 
     security or contribute to gross violations of internationally 
     recognized human rights, including acts of gender-based 
     violence and acts of violence against children, violations of 
     international humanitarian law, terrorism, mass atrocities, 
     or transnational organized crime;
       (3) detect other violations of United States law concerning 
     United States military or security assistance, cooperation, 
     and arms

[[Page S3225]]

     transfers, including the diversion of such assistance or the 
     use of such assistance by security force or police units 
     credibly implicated in gross violations of internationally 
     recognized human rights;
       (4) train partner militaries, security, and police forces 
     on methods for preventing civilian causalities; and
       (5) determine whether individuals or units that have 
     received United States military, security, or police training 
     or have participated or are scheduled to participate in joint 
     exercises with United States forces have later been credibly 
     implicated in gross violations of internationally recognized 
     human rights.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate and the Committee on Armed 
     Services and the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 1702. Mr. CARDIN (for himself, Mr. Young, and Mr. Durbin) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

      Subtitle H--Promotion of Democracy and Human Rights in Burma

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Burma Human Rights and 
     Freedom Act of 2020''.

     SEC. 1292. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' 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.
       (2) Crimes against humanity.--The term ``crimes against 
     humanity'' includes, when committed as part of a widespread 
     or systematic attack directed against any civilian 
     population, with knowledge of the attack--
       (A) murder;
       (B) deportation or forcible transfer of population;
       (C) torture;
       (D) rape, sexual slavery, or any other form of sexual 
     violence of comparable severity;
       (E) persecution against any identifiable group or 
     collectivity on political, racial, national, ethnic, 
     cultural, religious, gender or other grounds that are 
     universally recognized as impermissible under international 
     law; and
       (F) enforced disappearance of persons.
       (3) Genocide.--The term ``genocide'' means any offense 
     described in section 1091(a) of title 18, United States Code.
       (4) Transitional justice.--The term ``transitional 
     justice'' means the range of judicial, nonjudicial, formal, 
     informal, retributive, and restorative measures employed by 
     countries transitioning out of armed conflict or repressive 
     regimes--
       (A) to redress legacies of atrocities; and
       (B) to promote long-term, sustainable peace.
       (5) War crime.--The term ``war crime'' has the meaning 
     given the term in section 2441(c) of title 18, United States 
     Code.

     SEC. 1293. STATEMENT OF POLICY.

       It is the policy of the United States that--
       (1) the pursuit of a calibrated engagement strategy is 
     essential to support the establishment of a peaceful, 
     prosperous, and democratic Burma that includes respect for 
     the human rights of all its people regardless of ethnicity 
     and religion; and
       (2) the guiding principles of such a strategy include--
       (A) support for meaningful legal and constitutional reforms 
     that remove remaining restrictions on civil and political 
     rights and institute civilian control of the military, 
     civilian control of the government, and the constitutional 
     provision reserving 25 percent of parliamentary seats for the 
     military, which provides the military with veto power over 
     constitutional amendments;
       (B) the establishment of a fully democratic, pluralistic, 
     civilian controlled, and representative political system that 
     includes regularized free and fair elections in which all 
     people of Burma, including the Rohingya, can vote;
       (C) the promotion of genuine national reconciliation and 
     conclusion of a credible and sustainable nationwide ceasefire 
     agreement, political accommodation of the needs of ethnic 
     Shan, Kachin, Chin, Karen, and other ethnic groups, safe and 
     voluntary return of displaced persons to villages of origins, 
     and constitutional change allowing inclusive permanent peace;
       (D) independent and international investigations into 
     credible reports of war crimes, crimes against humanity, 
     including sexual and gender-based violence and genocide, 
     perpetrated against ethnic minorities like the Rohingya by 
     the government, military, and security forces of Burma, 
     violent extremist groups, and other combatants involved in 
     the conflict;
       (E) accountability for determinations of war crimes, crimes 
     against humanity, including sexual and gender-based violence 
     and genocide perpetrated against ethnic minorities like the 
     Rohingya by the Government, military, and security forces of 
     Burma, violent extremist groups, and other combatants 
     involved in the conflict;
       (F) strengthening the government's civilian institutions, 
     including support for greater transparency and 
     accountability;
       (G) the establishment of professional and nonpartisan 
     military, security, and police forces that operate under 
     civilian control;
       (H) empowering local communities, civil society, and 
     independent media;
       (I) promoting responsible international and regional 
     engagement;
       (J) strengthening respect for and protection of human 
     rights and religious freedom;
       (K) addressing and ending the humanitarian and human rights 
     crises, including by supporting the return of the displaced 
     Rohingya to their homes and granting or restoring full 
     citizenship for the Rohingya population; and
       (L) promoting broad-based, inclusive economic development 
     and fostering healthy and resilient communities.

     SEC. 1294. AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN 
                   ASSISTANCE AND RECONCILIATION.

       There is authorized to be appropriated not less than 
     $220,500,000 for fiscal year 2021 for humanitarian assistance 
     and reconciliation activities for ethnic groups and civil 
     society organizations in Burma, Bangladesh, Thailand, and the 
     region. The assistance may include--
       (1) assistance for the victims of the Burmese military's 
     crimes against humanity targeting Rohingya and other ethnic 
     minorities in Rakhine State, Kachin, and Shan States, 
     including those displaced in Burma, Bangladesh, Thailand, and 
     the region;
       (2) support for voluntary resettlement or repatriation in 
     Burma, pending a genuine repatriation agreement that is 
     developed and negotiated with Rohingya involvement and 
     consultation;
       (3) assistance to promote ethnic and religious tolerance, 
     to combat gender-based violence, and to support victims of 
     violence and destruction in Rakhine, Kachin, and Shan States, 
     including victims of gender-based violence and unaccompanied 
     minors;
       (4) support for formal education for children currently 
     living in the camps, and opportunities to access higher 
     education in Bangladesh;
       (5) support for programs to investigate and document 
     allegations of war crimes and crimes against humanity, 
     including sexual and gender-based violence and genocide 
     committed in Burma;
       (6) assistance to ethnic groups and civil society in Burma 
     to help sustain ceasefire agreements and further prospects 
     for reconciliation and sustainable peace; and
       (7) promotion of ethnic minority inclusion and 
     participation in Burma's political processes.

     SEC. 1295. MULTILATERAL ASSISTANCE.

       The Secretary of the Treasury should instruct the United 
     States executive director of each international financial 
     institution to use the voice and vote of the United States to 
     support projects in Burma that--
       (1) provide for accountability and transparency, including 
     the collection, verification and publication of beneficial 
     ownership information related to extractive industries and 
     on-site monitoring during the life of the project;
       (2) will be developed and carried out in accordance with 
     best practices regarding environmental conservation, cultural 
     protection, and empowerment of local populations, including 
     free, prior, and informed consent of affected indigenous 
     communities;
       (3) do not provide incentives for, or facilitate, forced 
     displacement; and
       (4) do not partner with or otherwise involve enterprises 
     owned or controlled by the armed forces.

     SEC. 1296. SENSE OF CONGRESS ON RIGHT OF RETURNEES AND 
                   FREEDOM OF MOVEMENT.

       (a) Right of Return.--It is the sense of Congress that the 
     Government of Burma, in collaboration with the regional and 
     international community, including the United Nations High 
     Commissioner for Refugees, should--
       (1) ensure the dignified, safe, sustainable, and voluntary 
     return of all those displaced from their homes, especially 
     from Rakhine State, without an unduly high burden of proof, 
     and the opportunity to obtain appropriate compensation to 
     restart their lives in Burma;
       (2) ensure that those returning are granted or restored 
     full citizenship and all the rights that adhere to 
     citizenship in Burma;
       (3) offer to those who do not want to return meaningful 
     opportunity to obtain appropriate compensation or 
     restitution;
       (4) not place returning Rohingya in internally displaced 
     persons camps or ``model villages'', but instead make efforts 
     to reconstruct Rohingya villages as and where they were;
       (5) facilitate the return of any funds collected by the 
     Government by harvesting the land previously owned and tended 
     by Rohingya farmers for them upon their return;

[[Page S3226]]

       (6) fully implement all of the recommendations of the 
     Advisory Commission on Rakhine State; and
       (7) ensure there is proper consultation, buy-in, and 
     confidence building from the Rohingya refugee community on 
     decisions being made on their behalf.
       (b) Freedom of Movement of Refugees and Internally 
     Displaced Persons.--Congress recognizes that the Government 
     of Bangladesh has provided long-standing support and 
     hospitality to people fleeing violence in Burma, and calls on 
     the Government of Bangladesh--
       (1) to ensure all refugees, including Rohingya persons 
     living in camps in Bangladesh and in internally displaced 
     persons camps in Burma, have freedom of movement, including 
     outside of the camps, and under no circumstance are subject 
     to unsafe, involuntary, or uninformed repatriation;
       (2) to ensure the dignified, safe, sustainable, and 
     voluntary return of those displaced from their homes, and 
     offer to those who do not want to return meaningful means to 
     obtain compensation or restitution; and
       (3) to ensure the rights of refugees are protected, 
     including through allowing them to build more permanent 
     shelters, and ensuring equal access to healthcare, basic 
     services, education, and work.

     SEC. 1297. MILITARY COOPERATION.

       (a) Prohibition.--Except as provided under subsection (b), 
     the President may not furnish any security assistance or 
     engage in any military-to-military programs with the armed 
     forces of Burma, including training or observation or 
     participation in regional exercises, until the Secretary of 
     State, in consultation with the Secretary of Defense, 
     certifies to the appropriate congressional committees that 
     the Burmese military has demonstrated significant progress in 
     abiding by international human rights standards and is 
     undertaking meaningful and significant security sector 
     reform, including transparency and accountability to prevent 
     future abuses, as determined by applying the following 
     criteria:
       (1) The military adheres to international human rights 
     standards and institutes meaningful internal reforms to stop 
     future human rights violations.
       (2) The military supports efforts to carry out meaningful 
     and comprehensive independent and international 
     investigations of credible reports of abuses and is holding 
     accountable those in the Burmese military responsible for 
     human rights violations.
       (3) The military supports efforts to carry out meaningful 
     and comprehensive independent and international 
     investigations of reports of conflict-related sexual and 
     gender-based violence and is holding accountable those in the 
     Burmese military who failed to prevent, respond to, 
     investigate, and prosecute violence against women, sexual 
     violence, or other gender-based violence.
       (4) The Government of Burma, including the military, allows 
     immediate and unfettered humanitarian access to communities 
     in areas affected by conflict, including Rohingya and other 
     minority communities in Rakhine, Kachin, and Shan States, 
     specifically to the United Nations High Commissioner for 
     Refugees and other relevant United Nations agencies.
       (5) The Government of Burma, including the military, 
     cooperates with the United Nations High Commissioner for 
     Refugees and other relevant United Nations agencies to ensure 
     the protection of displaced persons and the safe and 
     voluntary return of Rohingya and other minority refugees and 
     internally displaced persons.
       (6) The Government of Burma, including the military, takes 
     steps toward the implementation of the recommendations of the 
     Advisory Commission on Rakhine State.
       (b) Exceptions.--
       (1) Certain existing authorities.--The Department of 
     Defense may continue to conduct consultations based on the 
     authorities under section 1253 of the Carl Levin and Howard 
     P. ``Buck'' McKeon National Defense Authorization Act for 
     Fiscal Year 2015 (Public Law 113-291; 22 U.S.C. 2151 note).
       (2) Hospitality.--The United States Agency for 
     International Development and the Department of State may 
     provide assistance authorized by part I of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support 
     ethnic armed groups and the Burmese military for the purpose 
     of supporting research, dialogues, meetings, and other 
     activities related to the Union Peace Conference, Political 
     Dialogues, and related processes, in furtherance of 
     inclusive, sustainable reconciliation.
       (c) Military Reform.--The certification required under 
     subsection (a) shall include a written justification in 
     classified and unclassified form describing the Burmese 
     military's efforts to implement reforms, end impunity for 
     human rights violations, and increase transparency and 
     accountability.
       (d) Rule of Construction.--Nothing in this subtitle shall 
     be construed to authorize Department of Defense assistance to 
     the Government of Burma except as provided in this section.
       (e) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of State and the Secretary of Defense shall submit 
     to the appropriate congressional committees a report, in both 
     classified and unclassified form, on the strategy and plans 
     for military-to-military engagement between the United States 
     Armed Forces and the military of Burma.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description and assessment of the Government of 
     Burma's strategy for--
       (i) security sector reform, including as it relates to an 
     end to involvement in the illicit trade in jade, rubies, and 
     other natural resources;
       (ii) reforms to end corruption and illicit drug 
     trafficking; and
       (iii) constitutional reforms to ensure civilian control of 
     the Government.
       (B) A list of ongoing military activities conducted by the 
     United States Government with the Government of Burma, and a 
     description of the United States strategy for future 
     military-to-military engagements between the United States 
     and Burma's military forces, including the military of Burma, 
     the Burma Police Force, and armed ethnic groups.
       (C) An assessment of the progress of the military of Burma 
     towards developing a framework to implement human rights 
     reforms, including--
       (i) cooperation with civilian authorities to investigate 
     and prosecute cases of human rights violations;
       (ii) steps taken to demonstrate respect for 
     internationally-recognized human rights standards and 
     implementation of and adherence to the laws of war; and
       (iii) a description of the elements of the military-to-
     military engagement between the United States and Burma that 
     promote such implementation.
       (D) An assessment of progress on the peaceful settlement of 
     armed conflicts between the Government of Burma and ethnic 
     minority groups, including actions taken by the military of 
     Burma to adhere to ceasefire agreements, allow for safe and 
     voluntary returns of displaced persons to their villages of 
     origin, and withdraw forces from conflict zones.
       (E) An assessment of the Burmese military recruitment and 
     use of children as soldiers.
       (F) An assessment of the Burmese military's use of violence 
     against women, sexual violence, or other gender-based 
     violence as a tool of terror, war, or crimes against 
     humanity.
       (f) Civilian Channels.--Any program initiated under this 
     section shall use appropriate civilian government channels 
     with the democratically elected Government of Burma.
       (g) Regular Consultations.--Any new program or activity in 
     Burma initiated under this section shall be subject to prior 
     consultation with the appropriate congressional committees.

     SEC. 1298. TRADE RESTRICTIONS.

       (a) Reinstatement of Import Restrictions on Jadeite and 
     Rubies From Burma.--
       (1) In general.--Section 3A of the Burmese Freedom and 
     Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 
     note) is amended by adding at the end the following:
       ``(i) Termination.--Notwithstanding section 9, this section 
     shall remain in effect until the President determines and 
     certifies to the appropriate congressional committees that 
     the Government of Burma has taken measures to reform the 
     gemstone industry in Burma, including measures to require--
       ``(1) the disclosure of the ultimate beneficial ownership 
     of entities in that industry; and
       ``(2) the publication of project revenues, payments, and 
     contract terms relating to that industry.''.
       (2) Conforming amendments.--Section 3A of the Burmese 
     Freedom and Democracy Act of 2003 is further amended--
       (A) in subsection (b)--
       (i) in paragraph (1), by striking ``until such time'' and 
     all that follows through ``2008'' and inserting ``beginning 
     on the date that is 15 days after the date of the enactment 
     of the Burma Human Rights and Freedom Act of 2020''; and
       (ii) in paragraph (3), by striking ``the date of the 
     enactment of this Act'' and inserting ``the date of the 
     enactment of the Burma Human Rights and Freedom Act of 
     2020''; and
       (B) in subsection (c)(1), by striking ``until such time'' 
     and all that follows through ``2008'' and inserting 
     ``beginning on the date that is 15 days after the date of the 
     enactment of the Burma Human Rights and Freedom Act of 
     2020''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to articles entered, or withdrawn 
     from warehouse for consumption, on or after the 15th day 
     after the date of the enactment of this Act.
       (b) Review of Eligibility for Generalized System of 
     Preferences.--
       (1) In general.--Not later than one year after the date of 
     enactment of this Act, the President shall submit to the 
     committees specified in paragraph (2) a report that includes 
     a detailed review of the eligibility of Burma for 
     preferential duty treatment under the Generalized System of 
     Preferences under title V of the Trade Act of 1974 (19 U.S.C. 
     2461 et seq.).
       (2) Committees specified.--The committees specified in this 
     paragraph are--
       (A) the Committee on Appropriations, the Committee on 
     Finance, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Foreign Affairs, and the Committee on Ways and Means of the 
     House of Representatives.

[[Page S3227]]

  


     SEC. 1299. VISA BAN AND ECONOMIC SANCTIONS WITH RESPECT TO 
                   MILITARY OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS 
                   VIOLATIONS.

       (a) List Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a list of--
       (A) senior officials of the military and security forces of 
     Burma that the President determines have knowingly played a 
     direct and significant role in the commission of gross 
     violations of human rights, war crimes, or crimes against 
     humanity (including sexual or gender-based violence), in 
     Burma, including against the Rohingya minority population; 
     and
       (B) entities owned or controlled by officials described in 
     subparagraph (A).
       (2) Inclusions.--The list required by paragraph (1) shall 
     include--
       (A) each senior official of the military and security 
     forces of Burma--
       (i) in charge of a unit that was operational during the so-
     called ``clearance operations'' that began during or after 
     October 2016; and
       (ii) who--

       (I) knew, or should have known, that the official's 
     subordinates were committing gross violations of human 
     rights, war crimes, or crimes against humanity (including 
     sexual or gender-based violence); and
       (II) failed to take adequate steps to prevent such 
     violations or crimes or punish the subordinates responsible 
     for such violations or crimes; and

       (B) each entity owned or controlled by an official 
     described in subparagraph (A).
       (3) Updates.--Not later than one year after the date of the 
     enactment of this Act, and not less frequently than every 180 
     days thereafter, the President shall submit to the 
     appropriate congressional committees an updated version of 
     the list required by paragraph (1).
       (b) Sanctions.--
       (1) Visa ban.--The Secretary of State shall deny a visa to, 
     and the Secretary of Homeland Security shall exclude from the 
     United States, any individual included in the most recent 
     list required by subsection (a).
       (2) Blocking of property.--
       (A) In general.--The Secretary of the Treasury shall, 
     pursuant to the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.), block and prohibit all transactions 
     in all property and interests in property of a person 
     included in the most recent list required by subsection (a) 
     if such property and interests in property are in the United 
     States, come within the United States, or are or come within 
     the possession or control of a United States person.
       (B) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this paragraph.
       (3) Authority for additional financial sanctions.--The 
     Secretary of the Treasury may, in consultation with the 
     Secretary of State, prohibit or impose strict conditions on 
     the opening or maintaining in the United States of a 
     correspondent account or payable-through account by a foreign 
     financial institution that the President determines has, on 
     or after the date of the enactment of this Act, knowingly 
     conducted or facilitated a significant transaction or 
     transactions on behalf of a person included in the most 
     recent list required by subsection (a) or included on the SDN 
     list pursuant to subsection (c).
       (4) Rule of construction.--Nothing in this subsection may 
     be construed to apply with respect to any transaction with a 
     nongovernmental humanitarian organization in Burma.
       (c) Consideration of Inclusions in SDN List.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall--
       (A) determine whether the individuals specified in 
     paragraph (2) should be included on the SDN list; and
       (B) submit to the appropriate congressional committees a 
     report, in classified form if necessary, on the procedures 
     for including those individuals on the SDN list under 
     existing authorities of the Department of the Treasury.
       (2) Individuals specified.--The individuals specified in 
     this paragraph are--
       (A) the head of a unit of the military or security forces 
     of Burma that was operational during the so-called 
     ``clearance operations'' that began during or after October 
     2016, including--
       (i) Senior General Min Aung Hlaing;
       (ii) Deputy Commander-in-Chief and Vice Senior-General Soe 
     Win;
       (iii) the Commander of the 33rd Light Infantry Division, 
     Brigadier-General Aung Aung; and
       (iv) the Commander of the 99th Light Infantry Division, 
     Brigadier-General Than Oo; and
       (B) any senior official of the military or security forces 
     of Burma for which the President determines there are 
     credible reports that the official--
       (i) aided, participated in, or is otherwise implicated in 
     gross violations of human rights, war crimes, or crimes 
     against humanity (including sexual or gender-based violence), 
     in Burma;
       (ii)(I) knew, or should have known, that the official's 
     subordinates were committing such violations or crimes; and
       (II) failed to take adequate steps to prevent such 
     violations or crimes or punish the subordinates responsible 
     for such violations or crimes; or
       (iii) took significant steps to impede the investigation or 
     prosecution of such violations or crimes.
       (d) Termination of Sanctions.--The President may terminate 
     the application of sanctions under this section with respect 
     to an individual placed on the list required by subsection 
     (a) under paragraph (1)(A) of that subsection, or an entity 
     placed on that list because the entity is owned or controlled 
     by such an individual, if the President determines and 
     reports to the appropriate congressional committees not later 
     than 15 days before the termination of the sanctions that--
       (1) the individual has--
       (A) publicly acknowledged the role of the individual in 
     committing past gross violations of human rights, war crimes, 
     or crimes against humanity (including sexual or gender-based 
     violence);
       (B) cooperated with independent efforts to investigate such 
     violations or crimes;
       (C) been held accountable for such violations or crimes; 
     and
       (D) demonstrated substantial progress in reforming the 
     individual's behavior with respect to the protection of human 
     rights in the conduct of civil-military relations; and
       (2) removing the individual or entity from the list is in 
     the national interest of the United States.
       (e) Exceptions.--
       (1) Humanitarian assistance.--A requirement to impose 
     sanctions under this section shall not apply with respect to 
     the provision of medicine, medical equipment or supplies, 
     food, or any other form of humanitarian or human rights-
     related assistance provided to Burma in response to a 
     humanitarian crisis.
       (2) United nations headquarters agreement.--Subsection 
     (b)(1) shall not apply to the admission of an individual to 
     the United States if such admission is necessary to comply 
     with United States obligations under the Agreement between 
     the United Nations and the United States of America regarding 
     the Headquarters of the United Nations, signed at Lake 
     Success June 26, 1947, and entered into force November 21, 
     1947, or under the Convention on Consular Relations, done at 
     Vienna April 24, 1963, and entered into force March 19, 1967, 
     or other international obligations of the United States.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authority to block and prohibit all 
     transactions in all property and interests in property under 
     this section shall not include the authority to impose 
     sanctions on the importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or man-made substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (f) Waiver.--The President may waive a requirement of this 
     section if the Secretary of State, in consultation with the 
     Secretary of the Treasury, determines and reports to the 
     appropriate congressional committees that the waiver is 
     important to the national security interest of the United 
     States.
       (g) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     paragraph (2) or (3) of subsection (b) or any regulation, 
     license, or order issued to carry out either such paragraph 
     shall be subject to the penalties set forth in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) to the same extent as a 
     person that commits an unlawful act described in subsection 
     (a) of that section.
       (h) Report to Congress on Diplomatic Engagement.--Not later 
     than 180 days after the date of the enactment of this Act, 
     and annually thereafter, the President shall submit to the 
     appropriate congressional committees a report on diplomatic 
     efforts to impose coordinated sanctions with respect to 
     persons sanctioned under--
       (1) section 1299; or
       (2) section 1263 of the Global Magnitsky Human Rights 
     Accountability Act (subtitle F of title XII of Public Law 
     114-328; 22 U.S.C. 2656 note) for activities described in 
     subsection (a) of that section in or with respect to Burma.
       (i) 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) 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.
       (3) SDN list.--The term ``SDN list'' means the list of 
     specially designated nationals and blocked persons maintained 
     by the Office of Foreign Assets Control of the Department of 
     the Treasury.
       (4) United states person.--The term ``United States 
     person'' has the meaning given that term in section 595.315 
     of title 31, Code of Federal Regulations (as in effect on

[[Page S3228]]

     the day before the date of the enactment of this Act).

     SEC. 1299A. STRATEGY FOR PROMOTING ECONOMIC DEVELOPMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, the 
     Secretary of the Treasury, and the Administrator of the 
     United States Agency for International Development shall 
     jointly submit to the appropriate congressional committees a 
     strategy to support sustainable, inclusive, and broad-based 
     economic development, in accordance with the priorities of 
     disadvantaged communities in Burma and in consultation with 
     relevant civil society and local stakeholders, and to improve 
     economic conditions and government transparency.
       (b) Elements.--The strategy required by subsection (a) 
     shall include a roadmap--
       (1) to assess and recommend measures to diversify control 
     over and access to participation in key industries and 
     sectors, including efforts to remove barriers and increase 
     competition, access, and opportunity in sectors dominated by 
     officials of the Burmese military, former military officials, 
     and their families, and businesspeople connected to the 
     military of Burma, with the goal of eliminating the role of 
     the military in the economy of Burma;
       (2) to increase transparency disclosure requirements in key 
     sectors of the economy of Burma to promote responsible 
     investment, including through efforts--
       (A) to provide technical support to develop and implement 
     policy reforms related to public disclosure of the beneficial 
     owners of entities in key sectors identified by the 
     Government of Burma, specifically by--
       (i) working with the Government of Burma to require--

       (I) the disclosure of the ultimate beneficial ownership of 
     entities in the ruby industry; and
       (II) the publication of project revenues, payments, and 
     contract terms relating to that industry; and

       (ii) ensuring that reforms complement disclosures due to be 
     put in place in Burma as a result of its participation in the 
     Extractives Industry Transparency Initiative; and
       (B) to identify the persons seeking or securing access to 
     the most valuable resources of Burma; and
       (3) to promote universal access to reliable, affordable, 
     energy efficient, and sustainable power, including leveraging 
     United States assistance to support reforms in the power 
     sector and electrification projects that increase energy 
     access, in partnership with multilateral organizations and 
     the private sector.

     SEC. 1299B. REPORT ON CRIMES AGAINST HUMANITY AND SERIOUS 
                   HUMAN RIGHTS ABUSES IN BURMA.

       (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 
     detailing the credible reports of crimes against humanity and 
     serious human rights abuses committed against the Rohingya 
     and other ethnic minorities in Burma, including credible 
     reports of war crimes, crimes against humanity, and genocide, 
     and on potential transnational justice mechanisms in Burma.
       (b) Elements.--The reports required under subsection (a) 
     shall include--
       (1) a description of credible reports of war crimes, crimes 
     against humanity, including sexual and gender-based violence, 
     and genocide perpetrated against the Rohingya and other 
     ethnic minorities in Burma, including--
       (A) incidents that may constitute such crimes committed by 
     the Burmese military, and other actors involved in the 
     violence;
       (B) the role of the civilian government in the commission 
     of such crimes;
       (C) incidents that may constitute such crimes committed by 
     violent extremist groups or antigovernment forces;
       (D) any incidents that may violate the principle of medical 
     neutrality and, if possible, identification of the individual 
     or individuals who engaged in or organized such incidents; 
     and
       (E) to the extent possible, a description of the 
     conventional and unconventional weapons used for such crimes 
     and the origins of such weapons;
       (2) a description and assessment by the Department of 
     State, the United States Agency for International 
     Development, the Department of Justice, and other appropriate 
     Federal departments and agencies of programs that the United 
     States Government has already or is planning to undertake to 
     ensure accountability for credible reports of war crimes, 
     crimes against humanity, including sexual and gender-based 
     violence, and genocide perpetrated against the Rohingya and 
     other ethnic minority groups by the Government, security 
     forces, and military of Burma, violent extremist groups, and 
     other combatants involved in the conflict, including 
     programs--
       (A) to train investigators within and outside of Burma and 
     Bangladesh on how to document, investigate, develop findings 
     of, and identify and locate alleged perpetrators of such 
     crimes in Burma;
       (B) to promote and prepare for a transitional justice 
     process or processes for the perpetrators of such crimes in 
     Burma; and
       (C) to document, collect, preserve, and protect evidence of 
     reports of such crimes in Burma, including support for 
     Burmese and Bangladeshi, foreign, and international 
     nongovernmental organizations, the United Nations Human 
     Rights Council's investigative team, and other entities; and
       (3) A detailed study of the feasibility and desirability of 
     potential transitional justice mechanisms for Burma, 
     including a hybrid or ad hoc tribunal as well as other 
     international justice and accountability options. The report 
     should be produced in consultation with Rohingya 
     representatives and those of other ethnic minorities who have 
     suffered grave human rights abuses.
       (c) Protection of Witnesses and Evidence.--The Secretary 
     shall take due care to ensure that the identification of 
     witnesses and physical evidence are not publicly disclosed in 
     a manner that might place such persons at risk of harm or 
     encourage the destruction of evidence by the Government of 
     Burma.

     SEC. 1299C. TECHNICAL ASSISTANCE AUTHORIZED.

       (a) In General.--The Secretary of State, in consultation 
     with the Department of Justice and other appropriate Federal 
     departments and agencies, is authorized to provide 
     appropriate assistance to support entities that, with respect 
     to credible reports of war crimes, crimes against humanity, 
     including sexual and gender-based violence, and genocide 
     perpetrated by the military, security forces, and Government 
     of Burma, Buddhist militias, and all other armed groups 
     fighting in Rakhine State--
       (1) identify suspected perpetrators of such crimes;
       (2) collect, document, and protect evidence of crimes and 
     preserve the chain of custody for such evidence;
       (3) conduct criminal investigations; and
       (4) support investigations by third-party states, as 
     appropriate.
       (b) Additional Assistance.--The Secretary of State, after 
     consultation with appropriate Federal departments and 
     agencies and the appropriate congressional committees, and 
     taking into account the findings of the transitional justice 
     study required under section 1299B(b)(3), is authorized to 
     provide assistance to support the creation and operation of 
     transitional justice mechanisms for Burma.

     SEC. 1299D. SENSE OF CONGRESS ON PRESS FREEDOM.

       In order to promote freedom of the press in Burma, it is 
     the sense of Congress that--
       (1) Reuters journalists Wa Lone and Kyaw Soe Oo should be 
     immediately released and should have access to lawyers and 
     their families; and
       (2) the Government of Burma should repeal the Official 
     Secrets Act, a colonial-era law that was used to arrest these 
     journalists, as well as other laws that are used to arrest 
     journalists and undermine press freedom around the world.

     SEC. 1299E. MEASURES RELATING TO MILITARY COOPERATION BETWEEN 
                   BURMA AND NORTH KOREA.

       (a) Imposition of Sanctions.--
       (1) In general.--The President may, with respect to any 
     person described in paragraph (2)--
       (A) impose the sanctions described in paragraph (1) or (3) 
     of section 1299(b); or
       (B) include that person on the SDN list (as defined in 
     section 1299(i)).
       (2) Persons described.--A person described in this 
     paragraph is an official of the Government of Burma or an 
     individual or entity acting on behalf of that Government that 
     the President determines purchases or otherwise acquires 
     defense articles from the Government of North Korea or an 
     individual or entity acting on behalf of that Government.
       (b) Restriction on Foreign Assistance.--The President may 
     terminate or reduce the provision of United States foreign 
     assistance to Burma if the President determines that the 
     Government of Burma does not verifiably and irreversibly 
     eliminate all purchases or other acquisitions of defense 
     articles by persons described in subsection (a)(2) from the 
     Government of North Korea or individuals or entities acting 
     on behalf of that Government.
       (c) Defense Article Defined.--In this section, the term 
     ``defense article'' has the meaning given that term in 
     section 47 of the Arms Export Control Act (22 U.S.C. 2794).

     SEC. 1299F. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.

       Nothing in this subtitle shall be construed as an 
     authorization for the use of force.
                                 ______
                                 
  SA 1703. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

    Subtitle H--United States National Security Interests in Europe

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Maintaining United 
     States National Security Interests in Europe Act''.

     SEC. 1292. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) The 2017 National Security Strategy states, ``[t]he 
     United States will deepen collaboration with our European 
     allies and partners to confront forces threatening to

[[Page S3229]]

     undermine our common values, security interests, and shared 
     vision. The United States and Europe will work together to 
     counter Russian subversion and aggression, and the threats 
     posed by North Korea and Iran. We will continue to advance 
     our shared principles and interests in international 
     forums.''.
       (2) After the end of World War II, the presence of foreign 
     military forces in Germany was governed by a law signed in 
     April 1949 that allowed France, the United Kingdom, and the 
     United States to retain forces in Germany.
       (3) The initial law was succeeded by the Convention on the 
     Presence of Foreign Forces in the Federal Republic of 
     Germany, signed at Paris on October 23, 1954, allowing eight 
     North Atlantic Treaty Organization (NATO) members, 
     specifically Belgium, Canada, Denmark, France, Luxembourg, 
     the Netherlands, the United Kingdom, and the United States, 
     to maintain a long-term presence of military forces in the 
     Federal Republic of Germany.
       (4) The Federal Republic of Germany has made significant 
     contributions to the North Atlantic Treaty Organization 
     alliance, and by hosting the largest United States Armed 
     Forces presence in Europe, the Federal Republic of Germany 
     has borne a significant burden in the interest of collective 
     security.
       (5) As of June 2020, the United States presence in various 
     locations in the Federal Republic of Germany, including in 
     Stuttgart at the United States European Command and the 
     United States Africa Command, consists of--
       (A) approximately--
       (i) 35,000 members of the Armed Forces;
       (ii) 10,000 Department of Defense civilian employees; and
       (iii) 2,000 defense contractors;
       (B) personnel of the Department of State and other United 
     States Government agencies; and
       (C) the dependents of individuals described in 
     subparagraphs (A) and (B).
       (6) The United States presence in Europe, including in the 
     Federal Republic of Germany--
       (A) protects and defends the United States and United 
     States allies and partners by deterring conflict with the 
     Russian Federation and other adversaries;
       (B) strengthens and supports the North Atlantic Treaty 
     Organization alliance and critical partnerships in Europe; 
     and
       (C) serves as an essential support platform for carrying 
     out vital national security engagements in Afghanistan, the 
     Middle East, Africa, and Europe.
       (7) The deep bilateral ties between the United States and 
     the Federal Republic of Germany have led to decades of 
     economic prosperity for both countries and their allies and 
     have strengthened human rights and democracy around the 
     world.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should continue to maintain and 
     strengthen the bilateral relationship with the Federal 
     Republic of Germany and the relationships with other European 
     allies;
       (2) the United States should maintain a robust military 
     presence in the Federal Republic of Germany so as to deter 
     further aggression from the Russian Federation or aggression 
     from other adversaries against the United States and its 
     allies and partners; and
       (3) the United States should remain committed to strong 
     collaboration with European allies as outlined in the 2017 
     National Security Strategy.

     SEC. 1293. PROHIBITION ON USE OF FUNDS TO WITHDRAW THE UNITED 
                   STATES ARMED FORCES FROM EUROPE.

       (a) In General.--Except as provided in subsection (b), 
     notwithstanding any other provision of law, no Federal funds 
     are authorized to be appropriated, obligated, expended, or 
     otherwise made available to take any action--
       (1) to withdraw or otherwise reduce the overall presence, 
     including the rotational presence, of United States Armed 
     Forces personnel and civilian employees of the Department of 
     Defense in Europe;
       (2) to close or change the status of any base or other 
     facility of the United States Armed Forces located in Europe; 
     or
       (3) to withdraw or otherwise reduce the overall presence of 
     United States Armed Forces assets in Europe.
       (b) Exceptions.--The prohibition under subsection (a) shall 
     not apply if--
       (1) the host government transmits to the United States 
     Government a written request for such a withdrawal or other 
     reduction; or
       (2)(A) the President declares the intent to take an action 
     described in subsection (a);
       (B) not later 180 days before initiating an action 
     described in subsection (a), the President submits to the 
     appropriate committees of Congress notice of such intent that 
     includes--
       (i) a justification for the action;
       (ii) the number of members of the United States Armed 
     Forces or civilian employees of the Department of Defense to 
     be withdrawn or reduced, as applicable;
       (iii) a description of the United States Armed Forces 
     assets to be withdrawn or reduced, as applicable;
       (iv) a description of any base or facility of the United 
     States Armed Forces in Europe to be subject to closure or 
     change of status, as applicable;
       (v) an explanation of the national security benefit of the 
     action to the United States and the North Atlantic Treaty 
     Organization; and
       (vi) a plan to offset the reduction in United States and 
     North Atlantic Treaty Organization conventional deterrence 
     against Russian Federation aggression caused by the action; 
     and
       (C) the action is expressly authorized by a joint 
     resolution of Congress or an Act of Congress enacted after 
     the date of the declaration described in subparagraph (A).
       (c) Public Testimony.--Not later than 14 days after the 
     submittal of the notice required by subparagraph (B), the 
     Secretary of State and the Secretary of Defense shall testify 
     before the appropriate committees of Congress in public 
     session on such withdrawal or reduction.

     SEC. 1294. REPORT TO CONGRESS ON DECISION TO WITHDRAW THE 
                   UNITED STATES ARMED FORCES FROM GERMANY.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the President, in consultation 
     with the Secretary of State, the Secretary of Defense, and 
     the Chairman of the Joint Chiefs of Staff, shall submit to 
     the appropriate committees of Congress, a report that details 
     the decisionmaking process used to arrive at the decision to 
     withdraw members of the Armed Forces from the Federal 
     Republic of Germany announced on June 15, 2020.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of whether any withdrawal of or reduction 
     in United States Armed Forces personnel in the Federal 
     Republic of Germany was ordered by a Presidential directive.
       (2) A description of the interagency process undertaken to 
     inform the decision outlined in any such Presidential 
     directive or other document calling for such a withdrawal or 
     reduction.
       (3) A description of the communications with the North 
     Atlantic Treaty Organization, the Government of the Federal 
     Republic of Germany, or other North Atlantic Treaty 
     Organization member countries about the potential decision to 
     change United States force posture in the Federal Republic of 
     Germany.
       (4) An analysis of the United States national security 
     implications of the proposed withdrawal or reduction of 
     United States Armed Forces presence in the Federal Republic 
     of Germany.

     SEC. 1295. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

       In this subtitle, the term ``appropriate committees of 
     Congress'' means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Select Committee on Intelligence, and the 
     Committee on Appropriations of the Senate; and
       (2) 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.
                                 ______
                                 
  SA 1704. Mr. MENENDEZ (for himself and Mr. Young) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1216. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS 
                   WITH TALIBAN OFFICIALS AND AFGHANISTAN'S 
                   COMPREHENSIVE PEACE PROCESS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Government of afghanistan.--The term ``Government of 
     Afghanistan'' means the Government of the Islamic Republic of 
     Afghanistan and its agencies, instrumentalities, and 
     controlled entities.
       (3) The taliban.--The term ``the Taliban''--
       (A) refers to the organization that refers to itself as the 
     ``Islamic Emirate of Afghanistan'', that was founded by 
     Mohammed Omar, and that is currently led by Mawlawi 
     Hibatullah Akhundzada; and
       (B) includes subordinate organizations, such as the Haqqani 
     Network, and any successor organization.
       (4) February 29 agreement.--The term ``February 29 
     Agreement'' refers to the political arrangement between the 
     United States and the Taliban titled ``Agreement for Bringing 
     Peace to Afghanistan Between the Islamic Emirate of 
     Afghanistan which is not recognized by the United States as a 
     state and is known as the Taliban and the United States of 
     America'' signed at Doha, Qatar February 29, 2020.

[[Page S3230]]

       (b) Oversight of Peace Process and Other Agreements.--
       (1) Transmission to congress of materials relevant to the 
     february 29 agreement.--The Secretary of State, in 
     consultation with the Secretary of Defense, shall continue to 
     submit to the appropriate congressional committees materials 
     relevant to the February 29 Agreement.
       (2) Submission to congress of any future deals involving 
     the taliban.--The Secretary of State shall submit to the 
     appropriate congressional committees, within 5 days of 
     conclusion and on an ongoing basis thereafter, any future 
     agreement or arrangement involving the Taliban in any manner, 
     as well as materials relevant to any future agreement or 
     arrangement involving the Taliban in any manner.
       (3) Definitions.--In this subsection, the terms ``materials 
     relevant to the February 29 Agreement'' and ``materials 
     relevant to any future agreement or arrangement'' include all 
     annexes, appendices, and instruments for implementation of 
     the February 29 Agreement or a future agreement or 
     arrangement, as well as any understandings or expectations 
     related to the Agreement or a future agreement or 
     arrangement.
       (c) Report and Briefing on Verification and Compliance.--
       (1) In general.--
       (A) Report.--Not later than 90 days after the date of the 
     enactment of this Act, and not less frequently than once 
     every 120 days thereafter, the President shall submit to the 
     appropriate congressional committees a report verifying 
     whether the key tenets of the February 29 Agreement, or 
     future agreements, and accompanying implementing frameworks 
     are being preserved and honored.
       (B) Briefing.--At the time of each report submitted under 
     subparagraph (A), the Secretary of State shall direct a 
     Senate-confirmed Department of State official and other 
     appropriate officials to brief the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives on the contents of the 
     report. The Director of National Intelligence shall also 
     direct an appropriate official to participate in the 
     briefing.
       (2) Elements.--The report and briefing required under 
     paragraph (1) shall include--
       (A) an assessment--
       (i) of the Taliban's compliance with counterterrorism 
     guarantees, including guarantees to deny safe haven and 
     freedom of movement to al-Qaeda and other terrorist threats 
     from operating on territory under its influence; and
       (ii) whether the United States intelligence community has 
     collected any intelligence indicating the Taliban does not 
     intend to uphold its commitments;
       (B) an assessment of Taliban actions against terrorist 
     threats to United States national security interests;
       (C) an assessment of whether Taliban officials have made a 
     complete, transparent, public, and verifiable breaking of all 
     ties with al-Qaeda;
       (D) an assessment of the current relationship between the 
     Taliban and al-Qaeda, including any interactions between 
     members of the two groups in Afghanistan, Pakistan, or other 
     countries, and any change in Taliban conduct towards al-Qaeda 
     since February 29, 2020;
       (E) an assessment of the relationship between the Taliban 
     and any other terrorist group that is assessed to threaten 
     the security of the United States or its allies, including 
     any change in conduct since February 29, 2020;
       (F) an assessment of whether the Haqqani Network has broken 
     ties with al-Qaeda, and whether the Haqqani Network's leader 
     Sirajuddin Haqqani remains part of the leadership structure 
     of the Taliban;
       (G) an assessment of threats emanating from Afghanistan 
     against the United States homeland and United States 
     partners, and a description of how the United States 
     Government is responding to those threats;
       (H) an assessment of intra-Afghan discussions, political 
     reconciliation, and progress towards a political roadmap that 
     seeks to serve all Afghans;
       (I) an assessment of the viability of any intra-Afghan 
     governing agreement;
       (J) an assessment as to whether the terms of any reduction 
     in violence or ceasefire are being met by all sides in the 
     conflict;
       (K) a detailed overview of any United States and NATO 
     presence remaining in Afghanistan and any planned changes to 
     such force posture;
       (L) an assessment of the status of human rights, including 
     the rights of women, minorities, and youth;
       (M) an assessment of the access of women, minorities, and 
     youth to education, justice, and economic opportunities in 
     Afghanistan;
       (N) an assessment of the status of the rule of law and 
     governance structures at the central, provincial, and 
     district levels of government;
       (O) an assessment of the media and of the press and civil 
     society's operating space in Afghanistan;
       (P) an assessment of illicit narcotics production in 
     Afghanistan, its linkages to terrorism, corruption, and 
     instability, and policies to counter illicit narcotics flows;
       (Q) an assessment of corruption in Government of 
     Afghanistan institutions at the district, provincial, and 
     central levels of government;
       (R) an assessment of the number of Taliban and Afghan 
     prisoners and any plans for the release of such prisoners 
     from either side;
       (S) an assessment of any malign Iranian, Chinese, and 
     Russian influence in Afghanistan;
       (T) an assessment of how other regional actors, such as 
     Pakistan, are engaging with Afghanistan;
       (U) a detailed overview of national-level efforts to 
     promote transitional justice, including forensic efforts and 
     documentation of war crimes, mass killings, or crimes against 
     humanity, redress to victims, and reconciliation activities;
       (V) A detailed overview of United States support for 
     Government of Afghanistan and civil society efforts to 
     promote peace and justice at the local level and how these 
     efforts are informing government-level policies and 
     negotiations;
       (W) an assessment of the progress made by the Afghanistan 
     Ministry of Interior and the Office of the Attorney General 
     to address gross violations of human rights (GVHRs) by 
     civilian security forces, Taliban, and non-government armed 
     groups, including--
       (i) a breakdown of resources provided by the Government of 
     Afghanistan towards these efforts; and
       (ii) a summary of assistance provided by the United States 
     Government to support these efforts; and
       (X) an overview of civilian casualties caused by the 
     Taliban, non-government armed groups, and Afghan National 
     Defense and Security Forces, including--
       (i) an estimate of the number of destroyed or severely 
     damaged civilian structures;
       (ii) a description of steps taken by the Government of 
     Afghanistan to minimize civilian casualties and other harm to 
     civilians and civilian infrastructure;
       (iii) an assessment of the Government of Afghanistan's 
     capacity and mechanisms for investigating reports of civilian 
     casualties; and
       (iv) an assessment of the Government of Afghanistan's 
     efforts to hold local militias accountable for civilian 
     casualties.
       (3) Counterterrorism strategy.--In the event that the 
     Taliban does not meet its counterterrorism obligations under 
     the February 29 Agreement, the report and briefing required 
     under this subsection shall include information detailing the 
     United States' counterterrorism strategy in Afghanistan and 
     Pakistan.
       (4) Form.--The report required under subparagraph (A) of 
     paragraph (1) shall be submitted in unclassified form, but 
     may include a classified annex, and the briefing required 
     under subparagraph (B) of such paragraph shall be conducted 
     at the appropriate classification level.
       (d) Rule of Construction.--Nothing in this section shall 
     prejudice whether a future deal involving the Taliban in any 
     manner constitutes a treaty for purposes of Article II of the 
     Constitution of the United States.
       (e) Sunset.--Except for subsections (b) and (d), the 
     provisions of this section shall cease to be effective on the 
     date that is 5 years after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1705. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1085. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN 
                   THE COALITION FOR EPIDEMIC PREPAREDNESS 
                   INNOVATIONS.

       (a) In General.--The United States is authorized to 
     participate in the Coalition for Epidemic Preparedness 
     Innovations.
       (b) Investors Council of CEPI.--The Administrator of the 
     United States Agency for International Development is 
     authorized to designate an employee of such agency to serve 
     on the Investors Council of the Coalition for Epidemic 
     Preparedness as a representative of the United States.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report that describes 
     the following:
       (1) The United States' planned contributions to the 
     Coalition for Epidemic Preparedness Innovations (in this 
     section referred to as the ``Coalition'') and the mechanisms 
     for United States participation in the Coalition.
       (2) The manner and extent to which the United States shall 
     participate in the governance of the Coalition.
       (3) The role of the Coalition in and anticipated benefits 
     of United States participation in the Coalition on--
       (A) the Global Health Security Strategy required by section 
     7058(c)(3) of the Department of State, Foreign Operations, 
     and Related Programs Appropriations Act, 2018 (division K of 
     Public Law 115-141);
       (B) the applicable revision of the National Biodefense 
     Strategy required by section 1086 of the National Defense 
     Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
       (C) any other relevant policy and planning process.
       (d) United States Contributions.--There is authorized to be 
     appropriated $200,000,000 to carry out global health 
     security, for contributions to the Coalition for Epidemic 
     Preparedness Innovations.

[[Page S3231]]

       (e) Appropriate Congressional Committees Defined.--In this 
     section , the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 1706. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 603. BASIC NEEDS ALLOWANCE FOR MEMBERS OF THE ARMED 
                   FORCES AND THEIR FAMILIES.

       (a) In General.--Chapter 7 of title 37, United States Code, 
     is amended by inserting after section 402a the following new 
     section:

     ``Sec. 402b. Basic needs allowance for low-income members

       ``(a) Allowance Required.--The Secretary concerned shall 
     pay to each member of the armed forces described in 
     subsection (b), whether with or without dependents, a monthly 
     basic needs allowance in the amount determined for such 
     member under subsection (c).
       ``(b) Members Entitled to Allowance.--
       ``(1) In general.--A member of the armed forces is entitled 
     to receive the allowance described in subsection (a) for a 
     year if--
       ``(A) the gross household income of the member during the 
     year preceding such year did not exceed an amount equal to 
     130 percent of the Federal poverty guidelines of the 
     Department of Health and Human Services for the location and 
     number of persons in the member's household for such year; 
     and
       ``(B) the member does not elect under subsection (e) not to 
     receive the allowance for such year.
       ``(2) Exclusion of bah from gross household income.--In 
     determining the gross household income of a member for a year 
     for purposes of paragraph (1)(B) there shall be excluded any 
     basic allowance for housing (BAH) received by the member (and 
     any dependents of the member in the member's household) 
     during such year under section 403 of this title.
       ``(3) Household with more than one eligible member.--In the 
     event a household contains two or more members entitled to 
     receive the allowance under subsection (a) for a year, only 
     one allowance shall be paid under that subsection for such 
     year to such member among such members as such members shall 
     jointly elect.
       ``(c) Amount of Allowance; Months Constituting Year of 
     Payment.--
       ``(1) Amount.--The amount of the monthly allowance payable 
     to a member under subsection (a) for a year shall be--
       ``(A) the aggregate amount equal to--
       ``(i) 130 percent of the Federal poverty guidelines of the 
     Department of Health and Human Services for the location and 
     number of persons in the member's household for such year; 
     minus
       ``(ii) the gross household income of the member during the 
     preceding year; and
       ``(B) divided by 12.
       ``(2) Months constituting year of payment.--The monthly 
     allowance payable to a member for a year shall be payable for 
     each of the 12 months following March of such year.
       ``(d) Notice of Eligibility.--
       ``(1) Preliminary notice of eligibility.--Not later than 
     December 31 each year, the Director of the Defense Finance 
     and Accounting Service shall notify, in writing, each member 
     of the armed forces whose aggregate amount of basic pay and 
     compensation for service in the armed forces during such year 
     is estimated to not exceed the amount equal to 130 percent of 
     the Federal poverty guidelines of the Department of Health 
     and Human Services for the location and number of persons in 
     the member's household for such year of the member's 
     potential entitlement to the allowance described in 
     subsection (a) for the following year.
       ``(2) Information to determine entitlement.--Not later than 
     January 31 each year, each member seeking to receive the 
     allowance for such year (whether or not subject to a notice 
     for such year under paragraph (1)) shall submit to the 
     Director such information as the Director shall require for 
     purposes of this section in order to determine whether or not 
     such member is entitled to receive the allowance for such 
     year.
       ``(3) Notice of entitlement.--Not later than February 28 
     each year, the Director shall notify, in writing, each member 
     determined by the Director to be entitled to receive the 
     allowance for such year.
       ``(e) Election Not to Receive Allowance.--
       ``(1) In general.--A member otherwise entitled to receive 
     the allowance described in subsection (a) for a year may 
     elect, in writing, not to receive the allowance for such 
     year. Any election under this subsection shall be effective 
     only for the year for which made. Any election for a year 
     under this subsection is irrevocable.
       ``(2) Deemed election.--A member who does not submit 
     information described in subsection (d)(2) for a year as 
     otherwise required by that subsection shall be deemed to have 
     elected not to receive the allowance for such year.
       ``(f) Regulations.--The Secretary of Defense shall 
     prescribe regulations for the administration of this section. 
     Such regulations shall specify the income to be included in, 
     and excluded from, the gross household income of members for 
     purposes of this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of such title is amended by inserting 
     after the item relating to section 402a the following new 
     item:

``402b. Basic needs allowance for low-income members.''.
                                 ______
                                 
  SA 1707. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 382. PROHIBITION ON HOUSING OF ANIMALS AT ALAMOGORDO 
                   PRIMATE FACILITY AT HOLLOMAN AIR FORCE BASE, 
                   NEW MEXICO.

       (a) In General.--On and after September 1, 2020, or the 
     date of the enactment of this Act, whichever occurs later, 
     the Secretary of the Air Force may not grant any permit to an 
     individual or entity to house a non-human primate or other 
     animal at the Alamogordo Primate Facility at Holloman Air 
     Force Base, New Mexico.
       (b) Report.--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 a report on--
       (1) the amount paid by the Department of the Air Force for 
     electricity, gas, water, and disposal of wastewater at 
     Alamogordo Primate Facility during the period beginning on 
     October 1, 2009, and ending on September 30, 2019;
       (2) any additional costs related to the operations of 
     Alamogordo Primate Facility paid by the Department of the Air 
     Force; and
       (3) any additional contractors or grantees that are using 
     facilities on Holloman Air Force Base under an agreement with 
     the Secretary of the Air Force, or other agreement, 
     including--
       (A) details of the rent or additional fees paid by any such 
     contractor or grantee under the agreement; and
       (B) any cost to the Air Force under the agreement.
                                 ______
                                 
  SA 1708. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. MARITIME SECURITY AND DOMAIN AWARENESS.

       (a) Progress Report on Maritime Security.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State, the Secretary of 
     the Department in which the Coast Guard is operating, and the 
     heads of other appropriate Federal agencies, shall submit to 
     the congressional defense committees a report on the steps 
     taken since December 20, 2019, to make further use of the 
     following mechanisms to combat IUU fishing:
       (A) Inclusion of counter-IUU fishing in existing shiprider 
     agreements to which the United States is a party.
       (B) Entry 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 agreements.
       (C) Inclusion of counter-IUU fishing in the mission of the 
     Combined Maritime Forces.
       (D) Inclusion of counter-IUU fishing exercises in the 
     annual at-sea exercises conducted by the Department of 
     Defense, in coordination with the United States Coast Guard.
       (E) Development of partnerships similar to the Oceania 
     Maritime Security Initiative and the Africa Maritime Law 
     Enforcement Partnership in other priority regions.
       (2) Element.--The report required by paragraph (1) shall 
     include a description of specific steps taken by the 
     Secretary of the Navy with respect to each mechanism 
     described in paragraph (1), including a detailed description 
     of any security cooperation engagement undertaken to combat 
     IUU fishing

[[Page S3232]]

     by such mechanisms and resulting coordination between the 
     Department of the Navy and the Coast Guard.
       (b) Assessment of Service Coordination on Maritime Domain 
     Awareness.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Navy shall 
     enter into an agreement with the Secretary of the department 
     in which the Coast Guard is operating, in consultation with 
     the Secretary of Commerce, to assess the available commercial 
     solutions for collecting, sharing, and disseminating among 
     United States maritime services and partner countries 
     maritime domain awareness information relating to illegal 
     maritime activities, including IUU fishing.
       (2) Elements.--The assessment carried out pursuant to an 
     agreement under paragraph (1) shall--
       (A) build on the ongoing Coast Guard assessment related to 
     autonomous vehicles;
       (B) consider appropriate commercially and academically 
     available technological solutions; and
       (C) consider any limitation related to affordability, 
     exportability, maintenance, and sustainment requirements and 
     any other factor that may constrain the suitability of such 
     solutions for use in a joint and combined environment, 
     including the potential provision of such solutions to one or 
     more partner countries.
       (3) Submittal to congress.--Not later than one year after 
     entering into an agreement under paragraph (1), the Secretary 
     of the Navy shall submit to the Committee on Armed Services, 
     the Committee on Commerce, Science, and Transportation, and 
     the Committee on Appropriations of the Senate and the 
     Committee on Armed Services, the Committee on Natural 
     Resources, the Committee on Transportation and 
     Infrastructure, and the Committee on Appropriations of the 
     House of Representatives the assessment prepared in 
     accordance with the agreement.
       (c) Report on Use of Fishing Fleets by Foreign 
     Governments.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Naval Intelligence shall submit to the Committee on Armed 
     Services, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Appropriations of the 
     Senate and the Committee on Armed Services, the Committee on 
     Natural Resources, the Committee on Transportation and 
     Infrastructure, and the Committee on Appropriations of the 
     House of Representatives a report on the use by governments 
     of foreign countries of distant-water fishing fleets as 
     extensions of the official maritime security forces of such 
     countries.
       (2) Element.--The report required by paragraph (1) shall 
     include the following:
       (A) An analysis of the manner in which fishing fleets are 
     leveraged in support of the naval operations and policies of 
     foreign countries more generally.
       (B) A consideration of--
       (i) threats posed, on a country-by-country basis, to the 
     fishing vessels and other vessels of the United States and 
     partner countries;
       (ii) risks to Navy and Coast Guard operations of the United 
     States, and the naval and coast guard operations of partner 
     countries; and
       (iii) the broader challenge to the interests of the United 
     States and partner countries.
       (3) Form.--The report required by paragraph (1) shall be in 
     unclassified form, but may include a classified annex.
       (d) Definitions.--In this section, any term that is also 
     used in the Maritime SAFE Act (Public Law 116-92) shall have 
     the meaning given such term in that Act.
                                 ______
                                 
  SA 1709. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 377 and insert the following:

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

       (a) In General.--The Secretary of Defense shall establish a 
     commission relating to the assigning, modifying, keeping, or 
     removing of names, symbols, displays, monuments, and 
     paraphernalia of assets of the Department of Defense that 
     commemorate the Confederate States of America or any person 
     who served voluntarily with the Confederate States of America 
     (in this section referred to as the ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall be composed of eight 
     members, of whom--
       (A) two shall be appointed by the President;
       (B) two shall be appointed by the Secretary of Defense;
       (C) one shall be appointed by the Chairman of the Committee 
     on Armed Services of the Senate;
       (D) one shall be appointed by the Ranking Member of the 
     Committee on Armed Services of the Senate;
       (E) one shall be appointed by the Chairman of the Committee 
     on Armed Services of the House of Representatives; and
       (F) one shall be appointed by the Ranking Member of the 
     Committee on Armed Services of the House of Representatives.
       (2) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (c) Initial Meeting.--The Commission shall hold its initial 
     meeting on the date that is 60 days after the date of the 
     enactment of this Act.
       (d) Duties.--The Commission shall do the following:
       (1) Assess the cost of renaming or removing names, symbols, 
     displays, monuments, or paraphernalia on assets of the 
     Department of Defense that commemorate the Confederate States 
     of America or any person who served voluntarily with the 
     Confederate States of America.
       (2) Develop criteria to assess whether an existing name, 
     symbol, display, monument, or paraphernalia commemorates or 
     valorizes the Confederate States of America or any person who 
     served voluntarily with the Confederate States of America.
       (3) Develop criteria to assess whether the predominant 
     meaning now given by the local community to an existing name, 
     symbol, display, monument, or paraphernalia that commemorates 
     the Confederate States of America or any person who served 
     voluntarily with the Confederate States of America has 
     changed since the name, symbol, monument, display, or 
     paraphernalia first became associated with an asset of the 
     Department of Defense.
       (4) Nominate names, symbols, displays, monuments, or 
     paraphernalia to be potentially renamed or removed from 
     assets of the Department of Defense based on the criteria 
     developed under paragraphs (2) and (3).
       (5) Develop proposed procedures for renaming or removing 
     names, symbols, displays, monuments, or paraphernalia that 
     commemorate the Confederate States of America or any person 
     who served voluntarily with the Confederate States of America 
     that the Commission nominates as suitable candidates for 
     renaming or removal, as the case may be, if such procedures 
     do not already exist within directives, issuances, or 
     regulations issued by the Department of Defense.
       (6) Ensure that input from State and local stakeholders is 
     substantially reflected in the criteria developed under 
     paragraphs (2) and (3), nominations made under paragraph (4), 
     and procedures developed under paragraph (5), including by--
       (A) conducting public hearings on such criteria, 
     nominations, and procedures in the States that would be 
     affected by any renaming or removal; and
       (B) soliciting input on such criteria, nominations, and 
     procedures from the State entities, local government 
     entities, military families, veterans service organizations, 
     military service organizations, community organizations, and 
     other non-government entities that would be affected by any 
     renaming or removal.
       (e) Procedures.--
       (1) Hearings.--Not later than 14 days before a hearing to 
     be conducted under subsection (d)(6)(A), the Commission shall 
     publish on a website of the Department of Defense--
       (A) an announcement of such hearing; and
       (B) an agenda for the hearing and a list of materials 
     relevant to the topics to be discussed at the hearing.
       (2) Solicitation of input.--Not later than 60 days before 
     soliciting input under subsection (d)(6)(B) with respect to a 
     renaming or removal, the Commission shall provide notice to 
     State entities, local government entities, military families, 
     veterans service organizations, military service 
     organizations, community organizations, and other non-
     government entities that would be affected by the renaming or 
     removal to provide those individuals and entities time to 
     consider and comment on the criteria, nominations, and 
     procedures being developed under subsection (d).
       (f) Exemption for Grave Markers.--
       (1) In general.--Any renaming or removal proposed under 
     this section or conducted pursuant to this section shall not 
     apply to grave markers.
       (2) Grave markers defined.--For purposes of this 
     subsection, the term ``grave marker'' has the meaning given 
     that term by the Commission.
       (g) Briefings and Reports.--
       (1) Briefing.--Not later than October 1, 2021, the 
     Commission shall brief the Secretary of Defense and the 
     Committees on Armed Services of the Senate and the House of 
     Representatives detailing the progress of the Commission in 
     carrying out the requirements of the Commission under 
     subsection (d).
       (2) Briefing and report.--Not later than October 1, 2022, 
     the Commission shall brief and provide a written report to 
     the Secretary of Defense and the Committees on Armed Services 
     of the Senate and the House of Representatives detailing the 
     results of requirements of the Commission under subsection 
     (d), including the following:
       (A) A list of assets of the Department of Defense to be 
     renamed or removed.
       (B) The costs associated with the renaming or removal of 
     such assets.

[[Page S3233]]

       (C) A description of the criteria used to nominate such 
     assets for renaming or removal.
       (D) A description of the feedback received and incorporated 
     from State and local stakeholders pursuant to subsection 
     (d)(6), including a detailed explanation of any decision by 
     the Commission to overrule concerns raised by State or local 
     stakeholders when developing and issuing recommendations on 
     the criteria, nominations, and proposed procedures described 
     in paragraphs (2) through (5) of subsection (d).
       (h) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated $2,000,000 to carry out this section.
       (2) Offset.--The amount authorized to be appropriated by 
     this Act for fiscal year 2021 for Operation and Maintenance, 
     Army, sub activity group 434, other personnel support is 
     hereby reduced by $2,000,000.
       (i) Assets of the Department of Defense Defined.--In this 
     section, the term ``assets of the Department of Defense'' 
     includes any base, installation, street, building, facility, 
     aircraft, ship, plane, weapon, equipment, or any other 
     property owned or controlled by the Department of Defense.
                                 ______
                                 
  SA 1710. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DEPARTMENT OF HOMELAND SECURITY CRITICAL TECHNOLOGY 
                   SECURITY CENTERS.

       Section 307(b)(3) of the Homeland Security Act of 2002, is 
     amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``, national laboratories'' after ``development centers'';
       (2) in subparagraph (C), by striking ``and'' at the end;
       (3) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(E) establish not less than 1, but not more than 3, 
     cybersecurity focused critical technology security center 
     to--
       ``(i) to test the security of cyber-related hardware and 
     software;
       ``(ii) to test the security of connected programmable data 
     logic controllers, supervisory control and data acquisition 
     servers, and other cyber connected industrial equipment; and
       ``(iii) to test and fix vulnerabilities in open-source 
     software repositories.''.
                                 ______
                                 
  SA 1711. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CYBERSECURITY REPORTING REQUIREMENTS FOR PUBLICLY 
                   TRADED COMPANIES.

       (a) Definitions.--Section 2(a) of the Sarbanes-Oxley Act of 
     2002 (15 U.S.C. 7201) is amended by adding at the end the 
     following:
       ``(18) Critical information system.--The term `critical 
     information system' means a set of activities--
       ``(A) involving people, processes, data, or technology; and
       ``(B) that enable an issuer to obtain, generate, use, and 
     communicate transactions and information in pursuit of the 
     core business objectives of the issuer.
       ``(19) Information security control.--The term `information 
     security control' means a safeguard or countermeasure that 
     is--
       ``(A) prescribed for an information system or an 
     organization; and
       ``(B) designed to--
       ``(i) protect the confidentiality, integrity, and 
     availability of information; and
       ``(ii) meet a set of defined security requirements.
       ``(20) Cybersecurity risk.--The term `cybersecurity risk' 
     means a significant vulnerability to, or a significant 
     deficiency in, the security and defense activities of an 
     information system.''.
       (b) Corporate Responsibility for Financial Reports and 
     Critical Information Systems.--
       (1) In general.--Section 302 of the Sarbanes-Oxley Act of 
     2002 (15 U.S.C. 7241) is amended--
       (A) in the section heading, by inserting ``and critical 
     information systems'' after ``reports''; and
       (B) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``and the principal financial officer or officers'' and 
     inserting the following: ``, the principal financial officer 
     or officers, and the principal security, risk, or information 
     security officer or officers'';
       (ii) in paragraph (4)--

       (I) in subparagraph (A), by inserting ``, including 
     information security controls'' after ``internal controls'';
       (II) in subparagraph (B), by inserting ``, including 
     information security controls,'' after ``internal controls'';
       (III) in subparagraph (C), by inserting ``, including 
     information security controls,'' after ``internal controls''; 
     and
       (IV) in subparagraph (D), by inserting ``, including 
     information security controls,'' after ``internal controls'';

       (iii) in paragraph (5)(A), by inserting ``and all 
     significant cybersecurity risks in the critical information 
     systems of the issuer'' after ``internal controls''; and
       (iv) in paragraph (6)--

       (I) by inserting ``, including information security 
     controls,'' after ``significant changes in internal 
     controls'';
       (II) by inserting ``, including information security 
     controls,'' after ``could significantly affect internal 
     controls''; and
       (III) by striking ``significant deficiencies and'' and 
     inserting the following: ``cybersecurity risks, significant 
     deficiencies, and''.

       (2) Clerical amendment.--The table of contents for the 
     Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 note) is amended 
     by striking the item relating to section 302 and inserting 
     the following:

``Sec. 302. Corporate responsibility for financial reports and critical 
              information systems.''.
       (c) Management Assessments of Internal Controls and 
     Critical Information Systems.--
       (1) In general.--Section 404 of the Sarbanes-Oxley Act of 
     2002 (15 U.S.C. 7262) is amended--
       (A) in the section heading, by inserting ``and critical 
     information systems'' after ``controls'';
       (B) in subsection (a)--
       (i) in paragraph (1), by striking ``and'' at the end;
       (ii) in paragraph (2), by striking ``of the issuer for 
     financial reporting.'' and inserting the following: ``of the 
     issuer for financial reporting and for maintaining internal 
     information security controls; and''; and
       (iii) by adding at the end the following:
       ``(3) state the responsibility of management for 
     establishing and maintaining adequate internal information 
     security controls, which shall include penetration testing, 
     as applicable.'';
       (C) by redesignating subsection (c) as subsection (d);
       (D) by inserting after subsection (b) the following:
       ``(c) Information Security Control Evaluation and 
     Reporting.--With respect to the internal information security 
     control assessment required by subsection (a), any third-
     party information security firm that prepares or issues a 
     cyber or information security risk assessment for the issuer, 
     other than an issuer that is an emerging growth company (as 
     defined in section 3 of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c)), shall attest to, and report on, the 
     assessment made by the management of the issuer. An 
     attestation made under this subsection shall be made in 
     accordance with standards for attestation engagements issued 
     or adopted by the Board. Any such attestation shall not be 
     the subject of a separate engagement.'';
       (E) in subsection (d), as so redesignated, by striking 
     ``Subsection (b)'' and inserting ``Subsections (b) and (c)''; 
     and
       (F) by adding at the end the following:
       ``(e) Guidance on Information Security Reporting.--The 
     Commission shall issue guidance regarding how to describe 
     information security issues under this section in a manner 
     that does not compromise the security controls of the 
     applicable reporting entity.''.
       (2) Clerical amendment.--The table of contents for the 
     Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 note) is amended 
     by striking the item relating to section 404 and inserting 
     the following:

``Sec. 404. Management assessment of internal controls and critical 
              information systems.''.
                                 ______
                                 
  SA 1712. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. JOINT COLLABORATIVE ENVIRONMENT.

       (a) In General.--In coordination with the Cyber Threat Data 
     Standards and Interoperability Council established pursuant 
     to subsection (e), the Director of the Cybersecurity and 
     Infrastructure Security Agency and the Director of the 
     National Security Agency shall establish a joint, cloud-
     based, information sharing environment to--
       (1) integrate the unclassified and classified cyber threat 
     intelligence, malware forensics, and data from network sensor 
     programs of the Federal Government;

[[Page S3234]]

       (2) enable cross-correlation of threat data at the speed 
     and scale necessary for rapid detection and identification of 
     cyber threats;
       (3) enable query and analysis by appropriate operators 
     across the Federal Government; and
       (4) facilitate a whole-of-government, comprehensive 
     understanding of the cyber threats facing the Federal 
     Government and critical infrastructure networks in the United 
     States.
       (b) Development.--
       (1) Initial evaluation.--Not later than 180 days after the 
     date of enactment of this Act, the Director of the 
     Cybersecurity and Infrastructure Security Agency and the 
     Director of the National Security Agency shall--
       (A) identify all existing Federal sources of classified and 
     unclassified cyber threat information; and
       (B) evaluate all programs, applications, or platforms of 
     the Federal Government that are intended to detect, identify, 
     analyze, and monitor cyber threats against the United States 
     or critical infrastructure.
       (2) Design.--Not later than 1 year after the evaluation 
     required under paragraph (1), the Director of the 
     Cybersecurity and Infrastructure Security Agency and the 
     Director of the National Security Agency shall design the 
     structure of a common platform for sharing and fusing 
     existing government information, insights, and data related 
     to cyber threats and threat actors, which shall, at a 
     minimum--
       (A) account for appropriate data standards and 
     interoperability requirements;
       (B) enable integration of current applications, platforms, 
     data, and information, to include classified information;
       (C) ensure accessibility by such Federal agencies as the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency and the Director for the National Security Agency 
     determine necessary;
       (D) account for potential private sector participation and 
     partnerships;
       (E) enable unclassified data to be integrated with 
     classified data;
       (F) anticipate the deployment of analytic tools across 
     classification levels to leverage all relevant data sets, as 
     appropriate;
       (G) identify tools and analytical software that can be 
     applied and shared to manipulate, transform, and display data 
     and other identified needs; and
       (H) anticipate the integration of new technologies and data 
     streams, including data from Federal Government-sponsored 
     voluntary network sensors or network-monitoring programs for 
     the private sector or for State, local, Tribal, and 
     territorial governments.
       (c) Operation.--The information sharing environment 
     established pursuant to subsection (a) shall be jointly 
     managed by--
       (1) the Director of the Cybersecurity and Infrastructure 
     Security Agency, who shall have responsibility for 
     unclassified information and data streams; and
       (2) the Director of the National Security Agency, who shall 
     have responsibility for all classified information and data 
     streams.
       (d) Post-deployment Assessment.--Not later than 2 years 
     after the deployment of the information sharing environment 
     requirement under subsection (a), the Director of the 
     Cybersecurity and Infrastructure Security Agency and the 
     Director of the National Security Agency shall jointly assess 
     the means by which the sharing environment can be expanded to 
     include critical infrastructure information sharing 
     organizations and, to the maximum extent practicable, begin 
     the process of such expansion.
       (e) Cyber Threat Data Standards and Interoperability 
     Council.--
       (1) Establishment.--The President shall establish an 
     interagency council (in this subsection referred to as the 
     ``Council''), chaired by the Director of the Cybersecurity 
     and Infrastructure Security Agency and the Director of the 
     National Security Agency, to set data standards and 
     requirements for participation under this section.
       (2) Other membership.--The President shall identify and 
     appoint additional Council members from Federal agencies that 
     oversee programs that generate, collect, or disseminate data 
     or information related to the detection, identification, 
     analysis, and monitoring of cyber threats.
       (3) Data streams.--The Council shall identify, designate, 
     and periodically update Federal programs required to 
     participate in or be interoperable with the information 
     sharing environment described in subsection (a), including--
       (A) Federal Government network-monitoring and intrusion 
     detection programs;
       (B) cyber threat indicator-sharing programs;
       (C) Federal Government-sponsored network sensors or 
     network-monitoring programs for the private sector or for 
     State, local, Tribal, and territorial governments;
       (D) incident response and cybersecurity technical 
     assistance programs; and
       (E) malware forensics and reverse-engineering programs.
       (4) Data governance.--The Council shall establish 
     procedures and data governance structures, as necessary to 
     protect sensitive data, comply with Federal regulations and 
     statutes, and respect existing consent agreements with the 
     private sector and other non-Federal entities.
       (5) Recommendations.--As appropriate, the Council, or the 
     chairpersons thereof, shall recommend to the President budget 
     and authorization changes necessary to ensure sufficient 
     funding and authorities for the operation, expansion, 
     adaptation, and security of the information sharing 
     environment established pursuant to subsection (a).
       (f) Privacy and Civil Liberties.--
       (1) Guidelines of attorney general.--Not later than 60 days 
     after the date of enactment of this Act, the Attorney General 
     shall, in coordination with heads of the appropriate Federal 
     agencies and in consultation with officers designated under 
     section 1062 of the National Security Intelligence Reform Act 
     of 2004 (42 U.S.C. 2000ee-1), develop, submit to Congress, 
     and make available to the public interim guidelines relating 
     to privacy and civil liberties which shall govern the 
     receipt, retention, use, and dissemination of cyber threat 
     indicators by a Federal agency obtained in connection with 
     activities authorized under this section.
       (2) Final guidelines.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall, in 
     coordination with heads of the appropriate Federal agencies 
     and in consultation with officers designated under section 
     1062 of the National Security Intelligence Reform Act of 2004 
     (42 U.S.C. 2000ee-1) and such private entities with industry 
     expertise as the Attorney General considers relevant, 
     promulgate final guidelines relating to privacy and civil 
     liberties which shall govern the receipt, retention, use, and 
     dissemination of cyber threat indicators by a Federal entity 
     obtained in connection with activities authorized under this 
     section.
       (B) Periodic review.--The Attorney General shall, in 
     coordination with heads of the appropriate Federal agencies 
     and in consultation with the officers and private entities 
     described in subparagraph (A), periodically, but not less 
     frequently than once every 2 years, review the guidelines 
     promulgated under subparagraph (A).
       (3) Content.--The guidelines required under paragraphs (1) 
     and (2) shall, consistent with the need to protect 
     information systems from cybersecurity threats and mitigate 
     cybersecurity threats--
       (A) limit the effect on privacy and civil liberties of 
     activities by the Federal Government under this section;
       (B) limit the receipt, retention, use, and dissemination of 
     cyber threat indicators containing personal information or 
     information that identifies specific persons, including by 
     establishing--
       (i) a process for the timely destruction of such 
     information that is known not to be directly related to uses 
     authorized under this title; and
       (ii) specific limitations on the length of any period in 
     which a cyber threat indicator may be retained;
       (C) include requirements to safeguard cyber threat 
     indicators containing personal information or information 
     that identifies specific persons from unauthorized access or 
     acquisition, including appropriate sanctions for activities 
     by officers, employees, or agents of the Federal Government 
     in contravention of such guidelines;
       (D) include procedures for notifying entities and Federal 
     agencies if information received pursuant to this section is 
     known or determined by a Federal agency receiving such 
     information not to constitute a cyber threat indicator;
       (E) protect the confidentiality of cyber threat indicators 
     containing personal information or information that 
     identifies specific persons to the greatest extent 
     practicable and require recipients to be informed that such 
     indicators may only be used for purposes authorized under 
     this section; and
       (F) include steps that may be needed so that dissemination 
     of cyber threat indicators is consistent with the protection 
     of classified and other sensitive national security 
     information.
       (g) Oversight of Government Activities.--
       (1) Biennial report on privacy and civil liberties.--Not 
     later than 2 years after the date of enactment of this Act 
     and not less frequently than once every year thereafter, the 
     Privacy and Civil Liberties Oversight Board shall submit to 
     Congress and the President a report providing--
       (A) an assessment of the effect on privacy and civil 
     liberties by the type of activities carried out under this 
     section; and
       (B) an assessment of the sufficiency of the policies, 
     procedures, and guidelines established pursuant to subsection 
     (f) in addressing concerns relating to privacy and civil 
     liberties.
       (2) Biennial report by inspectors general.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act and not less frequently than once every 
     2 years thereafter, the Inspector General of the Department 
     of Homeland Security, the Inspector General of the 
     Intelligence Community, the Inspector General of the 
     Department of Justice, the Inspector General of the 
     Department of Defense, and the Inspector General of the 
     Department of Energy shall, in consultation with the Council 
     of Inspectors General on Financial Oversight, jointly submit 
     to Congress a report on the receipt, use, and dissemination 
     of cyber threat indicators and defensive measures that have 
     been shared with Federal agencies under this section.
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall include the following:
       (i) A review of the types of cyber threat indicators shared 
     with Federal agencies.

[[Page S3235]]

       (ii) A review of the actions taken by Federal agencies as a 
     result of the receipt of such cyber threat indicators.
       (iii) A list of Federal entities receiving such cyber 
     threat indicators.
       (iv) A review of the sharing of such cyber threat 
     indicators among Federal agencies to identify inappropriate 
     barriers to sharing information.
       (3) Recommendations.--Each report submitted under this 
     subsection may include such recommendations as the Privacy 
     and Civil Liberties Oversight Board, with respect to a report 
     submitted under paragraph (1), or the Inspectors General 
     referred to in paragraph (2)(A), with respect to a report 
     submitted under paragraph (2), may have for improvements or 
     modifications to the authorities under this section.
       (4) Form.--Each report required under this subsection shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (h) Critical Infrastructure.--In this section, the term 
     ``critical infrastructure'' has the meaning given that term 
     in section 1016(e) of the Critical Infrastructures Protection 
     Act of 2001 (42 U.S.C. 5195c(e).
                                 ______
                                 
  SA 1713. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. __. CYBER STATE OF DISTRESS.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by adding at the end the 
     following:

                 ``Subtitle C--Cyber State of Distress

     ``SEC. 2231. CYBER STATE OF DISTRESS.

       ``(a) Definitions.--In this section:
       ``(1) Asset response.--The term `asset response' means 
     activities including--
       ``(A) furnishing technical and advisory assistance to 
     entities affected by a cyber incident to protect their 
     assets, mitigate vulnerabilities, and reduce the related 
     impacts;
       ``(B) identifying other entities that may be at risk and 
     assessing their risk to the same or similar vulnerabilities;
       ``(C) assessing potential risks to the sector or region, 
     including potential cascading effects, and developing courses 
     of action to mitigate these risks;
       ``(D) facilitating information sharing and operational 
     coordination with threat response; and
       ``(E) providing guidance on how best to utilize Federal 
     resources and capabilities in a timely, effective manner to 
     accelerate recovery.
       ``(2) Fund.--The term `Fund' means the Cyber Response and 
     Recovery Fund established under subsection (c).
       ``(3) Incident.--The term `incident' has the meaning given 
     the term in section 2209.
       ``(4) Significant cyber incident.--The term `significant 
     cyber incident' means an incident that is, or group of 
     related cyber incidents that together are, reasonably likely 
     to result in significant harm to the national security, 
     foreign policy, or economic health or financial stability of 
     the United States.
       ``(b) Declaration.--
       ``(1) In general.--The Secretary may declare a cyber state 
     of distress in accordance with this section if the Secretary 
     determines that--
       ``(A) a significant cyber incident has occurred; or
       ``(B) there is a near-term risk of a significant cyber 
     incident.
       ``(2) Coordination of activities.--Upon declaration of a 
     cyber state of distress under paragraph (1), the Secretary 
     shall--
       ``(A) coordinate all asset response activities by Federal 
     agencies in response to a cyber state of distress;
       ``(B) harmonize the activities described in subparagraph 
     (A) with asset response activities of private entities and 
     State and local governments to the maximum extent 
     practicable; and
       ``(C) harmonize the activities described in subparagraph 
     (A) with Federal, State, local, Tribal, and territorial law 
     enforcement investigations and threat response activities.
       ``(3) Duration.--A declaration made pursuant to paragraph 
     (1) shall be for a period designated by the Secretary or 60 
     days, whichever is shorter.
       ``(4) Renewal.--The Secretary may renew a declaration made 
     pursuant to paragraph (1) as necessary to respond to or 
     prepare for a significant cyber incident.
       ``(5) Publication.--Not later than 72 hours after the 
     Secretary makes a declaration pursuant to paragraph (1), the 
     Secretary shall publish the declaration in the Federal 
     Register.
       ``(6) Limitation on delegation.--The Secretary may not 
     delegate the authority to declare a cyber state of distress 
     under paragraph (1).
       ``(7) Superseding declarations.--A declaration made 
     pursuant to paragraph (1) shall have no effect if the 
     President declares a major disaster pursuant to section 401 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) in the same area covered by 
     the declaration made pursuant to paragraph (1).
       ``(c) Advance Activities.--The Secretary shall--
       ``(1) assess the Federal resources available to respond to 
     a cyber state of distress declared pursuant to paragraph (1); 
     and
       ``(2) take actions to arrange or procure such additional 
     resources as the Secretary determines necessary, including 
     entering into standby contracts for private sector 
     cybersecurity services or incident responders.
       ``(d) Cyber Response and Recovery Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     a fund to be known as the Cyber Response and Recovery Fund.
       ``(2) Use of funds.--Amounts in the Fund shall be available 
     to carry out--
       ``(A) activities related to a cyber state of distress 
     declared by the Secretary pursuant to subsection (b)(1); and
       ``(B) advance activities undertaken by the Secretary 
     pursuant to subsection (c).
       ``(3) Expenditures from the fund.--The cost of any 
     assistance provided pursuant to this section shall be 
     reimbursed out of funds appropriated to the Fund and made 
     available to carry out this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by adding at 
     the end the following:

                 ``Subtitle C--Cyber State of Distress

``Sec. 2231. Cyber state of distress.''.
                                 ______
                                 
  SA 1714. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL RISK MANAGEMENT ACT.

       (a) Short Title.--This section may be cited as the 
     ``National Risk Management Act''.
       (b) Definitions.--In this section:
       (1) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given that term in section 
     1016 of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism Act of 2001 (42 U.S.C. 5195c).
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency of the 
     Department.
       (4) National critical function.--The term ``national 
     critical function'' means a function of the government or the 
     private sector that is so vital to the United States that the 
     disruption, corruption, or dysfunction of the function would 
     have a debilitating effect on security, national economic 
     security, national public health or safety, or any 
     combination thereof.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) Sector risk management agency.--The term ``Sector Risk 
     Management Agency'' means an agency designated under 
     subsection (e).
       (c) National Risk Management Cycle.--
       (1) Risk identification and assessment.--
       (A) In general.--The Secretary, acting through the 
     Director, shall establish a process by which to identify, 
     assess, and prioritize risks to critical infrastructure, 
     considering both cyber and physical threats, vulnerabilities, 
     and consequences.
       (B) Consultation.--In developing the process required under 
     subparagraph (A), the Secretary shall consult with Sector 
     Risk Management Agencies and critical infrastructure owners 
     and operators.
       (C) Publication.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall publish procedures 
     for process developed pursuant to subparagraph (A) in the 
     Federal Register.
       (D) Report.--Not later than 1 year after the date of 
     enactment of this Act, and once every 4 years thereafter, the 
     Secretary shall submit to the President a report on the risks 
     identified by the process established pursuant to 
     subparagraph (A).
       (2) National critical infrastructure resilience strategy.--
       (A) In general.--Not later than 1 year after the Secretary 
     submits each report required under paragraph (1), the 
     President shall submit to majority and minority leaders of 
     the Senate and the Speaker and the minority leader of the 
     House of Representatives a National Critical Infrastructure 
     Resilience Strategy designed to address the risks identified 
     by the Secretary.
       (B) Elements.--In each strategy submitted under this 
     paragraph, the President shall:
       (i) Identify, assess, and prioritize areas of risk to 
     critical infrastructure that would compromise, disrupt, or 
     impede their ability to support the national critical 
     functions of national security, economic security, or public 
     health and safety.
       (ii) Assess the implementation of the previous National 
     Critical Infrastructure Resilience Strategy, as applicable.

[[Page S3236]]

       (iii) Identify and outline current and proposed national-
     level actions, programs, and efforts to be taken to address 
     the risks identified.
       (iv) Identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each.
       (v) Outline the budget plan required to provide sufficient 
     resources to successfully execute the full range of 
     activities proposed or described by the National Critical 
     Infrastructure Resilience Strategy.
       (vi) Request any additional authorities or resources 
     necessary to successfully execute the National Critical 
     Infrastructure Resilience Strategy.
       (C) Form.--The strategy required under subparagraph (A) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
       (3) Congressional briefing.--Not later than 1 year after 
     the date on which the President submits a National Critical 
     Infrastructure Resilience Strategy under this subsection, and 
     once every year thereafter, the Secretary, in coordination 
     with Sector Risk Management Agencies, shall brief the 
     appropriate committees of Congress on the national risk 
     management cycle activities undertaken pursuant to this 
     section.
       (d) Critical Infrastructure Sector Designation.--
       (1) Initial review.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall--
       (A) review the critical infrastructure sector model and 
     corresponding designations for Sector Risk Management 
     Agencies in effect on the date of enactment of this Act; and
       (B) submit a report to the President containing 
     recommendations for--
       (i) any additions or deletions to the list of critical 
     infrastructure sectors set forth in Presidential Policy 
     Directive-21; and
       (ii) any new assignment or alternative assignment of a 
     Federal department or agency to serve as the Sector Risk 
     Management Agency for a sector.
       (2) Periodic review.--Not later than 1 year before the 
     submission of each strategy required under subsection (c)(2), 
     the Secretary, in consultation with the Director, shall--
       (A) review the current list of critical infrastructure 
     sectors and the assignment of Sector Risk Management 
     Agencies, as set forth in Presidential Policy Directive-21, 
     or any successor document; and
       (B) recommend to the President--
       (i) any additions or deletions to the list of critical 
     infrastructure sectors; and
       (ii) any new assignment or alternative assignment of a 
     Federal agency to serve as the Sector Risk Management Agency 
     for each sector.
       (3) Update.--
       (A) In general.--Not later than 180 days after the date on 
     which the Secretary makes a recommendation under paragraph 
     (2), the President shall--
       (i) review the recommendation and update, as appropriate, 
     the designation of critical infrastructure sectors and each 
     sector's corresponding Sector Risk Management Agency; or
       (ii) submit a report to the majority and minority leaders 
     of the Senate and the Speaker and minority leader of the 
     House of Representatives explaining the basis for rejecting 
     the recommendations of the Secretary.
       (B) Limitation.--The President--
       (i) may not designate more than 1 department or agency as 
     the Sector Risk Management Agency for each critical 
     infrastructure sector; and
       (ii) may only designate an agency under this subsection if 
     the agency is referenced in section 205 of the Chief 
     Financial Officers Act of 1990 (42 U.S.C. 901).
       (4) Publication.--Any designation of critical 
     infrastructure sectors shall be published in the Federal 
     Register.
       (e) Sector Risk Management Agencies.--
       (1) In general.--Any reference to a Sector-Specific Agency 
     in any law, regulation, map, document, record, or other paper 
     of the United States shall be deemed to be a reference to the 
     Sector Risk Management Agency of the relevant critical 
     infrastructure sector.
       (2) Coordination.--In carrying out this section, the head 
     of each Sector Risk Management Agency shall--
       (A) coordinate with the Secretary and the head of other 
     relevant Federal departments and agencies;
       (B) collaborate with critical infrastructure owners and 
     operators; and
       (C) as appropriate, coordinate with independent regulatory 
     agencies, and State, local, Tribal, and territorial entities.
       (3) Responsibilities.--The head of each Sector Risk 
     Management Agency shall utilize the specialized expertise of 
     the agency about the assigned critical infrastructure sector 
     and authorities of the agency under applicable law to support 
     and carry out activities for its assigned sector related to--
       (A) sector risk management, including--
       (i) establishing and carrying out programs to assist 
     critical infrastructure owners and operators within their 
     assigned sector in identifying, understanding, and mitigating 
     threats, vulnerabilities, and risks to their region, sector, 
     systems or assets; and
       (ii) recommending resilience measures to mitigate the 
     consequences of destruction, compromise, and disruption of 
     their systems and assets;
       (B) sector risk identification and assessment, including--
       (i) identifying, assessing, and prioritizing risks to 
     critical infrastructure within their sector, considering 
     physical and cyber threats, vulnerabilities, and 
     consequences; and
       (ii) supporting national risk assessment efforts led by the 
     Department, including identifying, assessing, and 
     prioritizing cross-sector and national-level risks;
       (C) sector coordination, including--
       (i) serving as a day-to-day Federal interface for the 
     dynamic prioritization and coordination of sector-specific 
     activities and their responsibilities under this section;
       (ii) serving as the government coordinating council chair 
     for their assigned sector; and
       (iii) participating in cross-sector coordinating councils, 
     as appropriate;
       (D) threat and vulnerability information sharing, 
     including--
       (i) facilitating access to, and exchange of, information 
     and intelligence necessary to strengthen the resilience of 
     critical infrastructure, including through the sector's 
     information sharing and analysis center;
       (ii) facilitating the identification of intelligence needs 
     and priorities of critical infrastructure in coordination 
     with the Director of National Intelligence and the heads of 
     other Federal departments and agencies, as appropriate;
       (iii) providing the Director ongoing, and where 
     practicable, real-time awareness of identified threats, 
     vulnerabilities, mitigations, and other actions related to 
     the security of critical infrastructure; and
       (iv) supporting the reporting requirements of the 
     Department under applicable law by providing, on an annual 
     basis, sector-specific critical infrastructure information;
       (E) incident management, including--
       (i) supporting incident management and restoration efforts 
     during or following a security incident;
       (ii) supporting the Cybersecurity and Infrastructure 
     Security Agency, as requested, in conducting vulnerability 
     assessments and asset response activities for critical 
     infrastructure; and
       (iii) supporting the Attorney General and law enforcement 
     agencies with efforts to detect and prosecute threats to and 
     attacks against critical infrastructure;
       (F) emergency preparedness, including--
       (i) coordinating with critical infrastructure owners and 
     operators in the development of planning documents for 
     coordinated action in response to an incident or emergency;
       (ii) conducting exercises and simulations of potential 
     incidents or emergencies; and
       (iii) supporting the Department and other Federal 
     departments or agencies in developing planning documents or 
     conducting exercises or simulations relevant to their 
     assigned sector;
       (G) participation in national risk management efforts, 
     including--
       (i) supporting the Secretary in the risk identification and 
     assessment activities carried out pursuant to subsection (c);
       (ii) supporting the President in the development of the 
     National Critical Infrastructure Resilience Strategy pursuant 
     to subsection (c); and
       (iii) implementing the National Critical Infrastructure 
     Resilience Strategy pursuant to subsection (c).
       (4) Status of information.--Information shared with a 
     Sector Risk Management Agency in furtherance of the 
     responsibilities outlined in paragraph (3)(B)(ii) shall be 
     treated as protected critical infrastructure information 
     under section 214 of the Homeland Security Act of 2002 (6 
     U.S.C. 673).
       (f) Reporting and Auditing.--Not later than 2 years after 
     the date of enactment of this Act, and once every 4 years 
     thereafter, the Comptroller General of the United States 
     shall submit a report to appropriate Committees of Congress 
     on the effectiveness of Sector Risk Management Agencies in 
     carrying out their responsibilities under subsection (e).
                                 ______
                                 
  SA 1715. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. ___. BUREAU OF CYBER STATISTICS.

       (a) Definitions.--In this section--
       (1) the term ``Bureau'' means the Bureau of Cyber 
     Statistics of the Department of Commerce established under 
     subsection (b);
       (2) the term ``Director'' means the Director of the Bureau; 
     and
       (3) the term ``statistical purpose''--
       (A) means the description, estimation, or analysis of the 
     characteristics of groups without identifying the individuals 
     or organizations that comprise those groups; and
       (B) includes the development, implementation, or 
     maintenance of methods, technical or administrative 
     procedures, or information resources that support the duties 
     and functions of the Director under subsection (d).
       (b) Establishment.--There is established within the 
     Department of Commerce the Bureau of Cyber Statistics.

[[Page S3237]]

       (c) Director.--
       (1) In general.--The Bureau shall be headed by a Director, 
     who shall--
       (A) report to the Secretary of Commerce; and
       (B) be appointed by the President.
       (2) Authority.--The Director shall--
       (A) have final authority for all cooperative agreements and 
     contracts entered into by the Bureau;
       (B) be responsible for the integrity of data and statistics 
     collected and retained by the Bureau; and
       (C) protect against improper or illegal use or disclosure 
     of data and statistics collected and retained the Bureau, 
     consistent with the procedures developed under subsection 
     (g).
       (3) Qualifications.--The Director--
       (A) shall have experience in statistical programs; and
       (B) may not--
       (i) engage in any other employment while serving as the 
     Director; or
       (ii) hold any office in, or act in any capacity for, any 
     organization, agency, or institution with which the Bureau 
     enters into any contract or other arrangement under this 
     section.
       (d) Duties and Functions.--The Director shall--
       (1) collect and analyze--
       (A) information concerning cybersecurity, including data 
     relating to cyber incidents, cyber crime, and any other area 
     the Director determines appropriate; and
       (B) data that shall serve as a national indication with 
     respect to the prevalence, rates, extent, distribution, 
     attributes, and number of all relevant cyber incidents, as 
     determined by the Director, in support of national policy and 
     decision making;
       (2) compile, collate, analyze, publish, and disseminate 
     uniform national cyber statistics concerning any area that 
     the Director determines appropriate;
       (3) in coordination with the Director of the National 
     Institute of Standards and Technology, recommend national 
     standards, metrics, and measurement criteria for cyber 
     statistics and for ensuring the reliability and validity of 
     statistics collected under this section;
       (4) conduct or support research relating to methods of 
     gathering or analyzing cyber statistics;
       (5) enter into cooperative agreements or contracts with 
     public agencies, institutions of higher education, and 
     private organizations for purposes relating to this section;
       (6) provide appropriate information to the President, 
     Congress, Federal agencies, the private sector, and the 
     general public on cyber statistics;
       (7) communicate with State and local governments concerning 
     cyber statistics;
       (8) as needed, confer and cooperate with Federal 
     statistical agencies to carry out the purposes of this 
     section, including by entering into cooperative data sharing 
     agreements that comply with all laws and regulations 
     applicable to the disclosure and use of data; and
       (9) request from any person or entity information, data, 
     and reports as may be required to carry out the purposes of 
     this section.
       (e) Furnishing of Information, Data, or Reports by Federal 
     Departments and Agencies.--A Federal department or agency 
     that the Director requests to provide information, data, or 
     reports under subsection (c)(9) shall provide to the Bureau 
     such information as the Director determines necessary to 
     carry out the purposes of this section.
       (f) Protection of Information.--
       (1) In general.--No officer, employee, or agent of the 
     Federal Government may, without the consent of the individual 
     or the applicable agency, or the individual who is the 
     subject of the submission or who provides the submission--
       (A) use any submission that is furnished for exclusively 
     statistical purposes under this section for any purpose other 
     than the statistical purposes for which the submission is 
     furnished;
       (B) make any publication or media transmittal of the data 
     contained in the submission described in subparagraph (A) if 
     that publication or transmittal would permit information 
     concerning individual entities or incidents to be reasonably 
     inferred by either direct or indirect means; or
       (C) permit anyone other than a sworn officer, employee, 
     agent, or contractor of the Bureau to examine a submission 
     described in subsection (e) or (g).
       (2) Immunity from legal process.--Any submission (including 
     any data derived from a submission) that is collected and 
     retained by the Bureau, or an officer, employee, agent, or 
     contractor of the Bureau, for exclusively statistical 
     purposes under this section shall be immune from legal 
     process and shall not, without the consent of the individual, 
     entity, agency, or other person that is the subject of the 
     submission (or that provides the submission), be admitted as 
     evidence or used for any purpose in any action, suit, or 
     other judicial or administrative proceeding.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to provide immunity from legal process for a 
     submission (including any data derived from a submission) if 
     the submission is in the possession of any person, agency, or 
     entity other than the Bureau or an officer, employee, agent, 
     or contractor of the Bureau, or if the submission is 
     independently collected, retained, or produced for purposes 
     other than the purposes of this section.
       (g) Private Sector Submission of Data.--
       (1) Standards for submission of information.--Not later 
     than 2 years after the date of enactment of this Act, and 
     after consultation with relevant stakeholders, the Director 
     shall develop criteria and standardized procedures with 
     respect to private entities submitting to the Bureau data 
     relating to cyber incidents.
       (2) Private sector submission.--After the development of 
     the criteria and standards required under paragraph (1), the 
     Director shall publish the processes for the submissions 
     described in that paragraph and shall begin accepting those 
     submissions.
       (3) Report.--Not later than 1 year after the date on which 
     the Director begins accepting submissions under paragraph 
     (2), the Director shall submit to Congress a report 
     detailing--
       (A) the rate of submissions by private entities;
       (B) an assessment of the procedures for the submissions 
     described in subparagraph (A); and
       (C) an overview of mechanisms for ensuring the collection 
     of data relating to cyber incidents from private entities 
     that collect and retain that type of data as part of their 
     core business activity.
       (h) Status of Director Position.--Section 5315 of title 5, 
     United States Code, is amended by inserting after the item 
     relating to the Director of the Bureau of the Census the 
     following:
       ``Director, Bureau of Cyber Statistics, Department of 
     Commerce.''.
                                 ______
                                 
  SA 1716. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:

     SEC. ___. BUREAU OF CYBERSPACE SECURITY AND EMERGING 
                   TECHNOLOGIES.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a) is amended--
       (1) in subsection (c)(1) by striking ``24'' and inserting 
     ``25'';
       (2) by redesignating subsection (g) as subsection (h); and
       (3) by inserting after subsection (f) the following:
       ``(g) Bureau of Cyberspace Security and Emerging 
     Technologies.--
       ``(1) In general.--There is established, within the 
     Department of State, the Bureau of Cyberspace Security and 
     Emerging Technologies (referred to in this subsection as the 
     `Bureau'). The President shall appoint, by and with the 
     advice and consent of the Senate, an Assistant Secretary 
     (referred to in this subsection as the `Assistant 
     Secretary'), who shall head the Bureau.
       ``(2) Duties.--
       ``(A) In general.--The Assistant Secretary shall--
       ``(i) carry out the responsibilities described in 
     subparagraph (B); and
       ``(ii) perform such other duties and exercise such powers 
     as the Secretary shall prescribe.
       ``(B) Principal responsibilities.--The Assistant Secretary 
     shall--
       ``(i) serve as the principal cyberspace policy official 
     within the Department of State and as the adviser to the 
     Secretary for cyberspace issues;
       ``(ii) lead the Department of State's diplomatic cyberspace 
     efforts, which may include--

       ``(I) the promotion of human rights, democracy, and the 
     rule of law (including freedom of expression, innovation, 
     communication, and economic prosperity);
       ``(II) respecting privacy; and
       ``(III) guarding against deception, fraud, and theft;

       ``(iii) advocate for norms of responsible behavior in 
     cyberspace and confidence building measures, deterrence, 
     international responses to cyber threats, Internet freedom, 
     digital economy, cybercrime, and capacity building;
       ``(iv) promote an open, interoperable, reliable, and secure 
     information and communications technology infrastructure 
     globally;
       ``(v) represent the Secretary in interagency efforts to 
     develop and advance the policy priorities of the United 
     States relating to cyberspace and emerging technologies; and
       ``(vi) consult, as appropriate, with other executive branch 
     agencies with related functions.
       ``(3) Qualifications.--The Assistant Secretary shall be an 
     individual of demonstrated competency in the fields of--
       ``(A) cybersecurity and other relevant cyber issues; and
       ``(B) international diplomacy.
       ``(4) Organizational placement.--
       ``(A) Initial placement.--During the 4-year period 
     beginning on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2021, the Assistant 
     Secretary shall report to--
       ``(i) the Under Secretary for Political Affairs; or
       ``(ii) an official of the Department of State holding a 
     higher position than the Under Secretary for Political 
     Affairs, if so directed by the Secretary.

[[Page S3238]]

       ``(B) Permanent placement.--After the conclusion of the 
     period described in subparagraph (A), the Assistant Secretary 
     shall report to--
       ``(i) an appropriate Under Secretary of the Department of 
     State; or
       ``(ii) an official of the Department of State holding a 
     higher position than Under Secretary.''.
                                 ______
                                 
  SA 1717. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STRATEGY TO SECURE FOUNDATIONAL INTERNET PROTOCOLS 
                   AND E-MAIL.

       (a) Definitions.--In this section:
       (1) Border gateway protocol.--The term ``border gateway 
     protocol'' means a protocol designed to optimize routing of 
     information exchanged through the internet.
       (2) Domain name system.--The term ``domain name system'' 
     means a system that stores information associated with domain 
     names in a distributed database on networks.
       (3) Domain-based message authentication, reporting, and 
     conformance (dmarc).--The terms ``domain-based message 
     authentication, reporting, and conformance'' and ``DMARC'' 
     mean an e-mail authentication, policy, and reporting protocol 
     that verifies the authenticity of the sender of an e-mail and 
     blocks and reports fraudulent accounts.
       (4) Information and communications technology 
     infrastructure providers.--The term ``information and 
     communications technology infrastructure providers'' means 
     all systems that enable connectivity and operability of 
     internet service, backbone, cloud, web hosting, content 
     delivery, domain name system, and software-defined networks 
     and other systems and services.
       (b) Creation of a Strategy to Secure Foundational Internet 
     Protocols and e-mail.--
       (1) Protocol security strategy.--
       (A) In general.--Not later than December 31, 2020, the 
     National Telecommunications and Information Administration, 
     in coordination with the Secretary of Homeland Security, 
     shall submit to Congress a strategy to secure the border 
     gateway protocol and the domain name system.
       (B) Strategy requirements.--The strategy required under 
     subparagraph (A) shall--
       (i) articulate the security and privacy benefits of 
     implementing border gateway protocol and domain name system 
     security as well as the burdens of implementation and the 
     entities on whom those burdens will most likely fall;
       (ii) identify key United States and international 
     interested entities;
       (iii) outline identified security measures that could be 
     used to secure or provide authentication for the border 
     gateway protocol and domain name system;
       (iv) identify any barriers to implementing border gateway 
     protocol and domain name system security at scale;
       (v) propose a strategy to implement identified security 
     measures at scale, accounting for barriers to implementation 
     and balancing benefits and burdens, where feasible; and
       (vi) provide an initial estimate of the total cost to 
     government and implementing entities in the private sector of 
     implementing border gateway protocol and domain name system 
     security and propose recommendations for defraying these 
     costs, if applicable.
       (C) Consultation.--In developing the strategy under 
     subparagraph (A), the National Telecommunications and 
     Information Administration, in coordination with the 
     Secretary of Homeland Security, shall consult with 
     information and communications technology infrastructure 
     providers, civil society organizations, relevant non-profits, 
     and academic experts.
       (2) DMARC strategy.--
       (A) In general.--Not later than December 31, 2021, the 
     Secretary of Homeland Security shall submit to Congress a 
     strategy to implement a domain-based message authentication, 
     reporting, and conformance standard across all United States-
     based e-mail providers.
       (B) Report requirements.--The strategy required by 
     subparagraph (A) shall--
       (i) articulate the security and privacy benefits of 
     implementing the domain-based message authentication, 
     reporting, and conformance standard at scale, as well as the 
     burdens of implementation and the entities on whom those 
     burdens will most likely fall;
       (ii) identify key United States and international 
     interested entities;
       (iii) identify any barriers to implementing the domain-
     based message authentication, reporting, and conformance 
     standard at scale across all United States-based e-mail 
     providers; and
       (iv) propose a strategy to implement the domain-based 
     message authentication, reporting, and conformance standard 
     at scale across all United States-based e-mail providers, 
     accounting for barriers to implementation and balancing 
     benefits and burdens, where feasible.
       (C) Cost estimate.--The strategy required under 
     subparagraph (A) shall include--
       (i) an initial estimate of the total cost to the Federal 
     Government and private sector implementing entities of 
     implementing the domain-based message authentication, 
     reporting, and conformance standard at scale across all 
     United States-based e-mail providers; and
       (ii) recommendations for defraying the cost described in 
     clause (i), if applicable.
       (D) Consultation.--In developing the strategy pursuant to 
     subparagraph (A), the Secretary of Homeland Security shall 
     consult with the information technology sector.
                                 ______
                                 
  SA 1718. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the title X, add the following:

     Subtitle _--National Cybersecurity Certification and Labeling

     SEC. _01. DEFINITIONS.

       In this subtitle:
       (1) Accredited certifying agent.--The term ``accredited 
     certifying agent'' means any person who is accredited by the 
     National Cybersecurity Certification and Labeling Authority 
     as a certifying agent for the purposes of certifying a 
     specific class of critical information and communications 
     technology.
       (2) Certification.--The term ``certification'' means a seal 
     or symbol provided by the National Cybersecurity 
     Certification and Labeling Authority or an accredited 
     certifying agent, that results from passage of a 
     comprehensive evaluation of an information and communications 
     technology that establishes the extent to which a particular 
     design and implementation meets a set of specified security 
     standards.
       (3) Critical information and communications technology.--
     The term ``critical information and communications 
     technology'' means information and communications technology 
     that is in use in critical infrastructure sectors and that 
     underpins national critical functions as determined by the 
     Secretary of Homeland Security.
       (4) Label.--The term ``label'' means a clear, visual, and 
     easy to understand symbol or list that conveys specific 
     information about a product's security attributes, 
     characteristics, functionality, components, or other features

     SEC. _02. NATIONAL CYBERSECURITY CERTIFICATION AND LABELING 
                   AUTHORITY AND PROGRAM.

       (a) Establishment.--There is established a National 
     Cybersecurity Certification and Labeling Authority 
     (hereinafter referred to as the ``Authority'') for the 
     purpose of administering a voluntary program, which the 
     Authority shall establish, for the certification and labeling 
     of critical information and communications technologies.
       (b) Accreditation of Certifying Agents.--As part of the 
     program established and administered under subsection (a), 
     the Authority shall define and publish a process whereby 
     nongovernmental entities may apply to become accredited 
     agents for the certification of specific critical information 
     and communications technologies.
       (c) Identification of Standards, Frameworks, and 
     Benchmarks.--As part of the program established and 
     administered under subsection (a), the Authority shall work 
     in close coordination with the Secretary of Commerce, the 
     Secretary of Homeland Security, and subject matter experts 
     from the Federal Government, academia, nongovernmental 
     organizations, and the private sector to identify and 
     harmonize common security standards, frameworks, and 
     benchmarks against which the security of critical information 
     and communications technologies may be measured.
       (d) Product Certification.--As part of the program 
     established and administered under subsection (a), the 
     Authority, in consultation with the Secretary of Commerce, 
     the Secretary of Homeland Security, and other experts from 
     the Federal Government, academia, nongovernmental 
     organizations, and the private sector, shall--
       (1) develop, and disseminate to accredited certifying 
     agents, guidelines to standardize the presentation of 
     certifications to communicate the level of security for 
     critical information and communications technologies;
       (2) develop, or permit agents accredited under subsection 
     (b) to develop, certification criteria for critical 
     information and communications technologies based on 
     identified security standards, frameworks, and benchmarks, 
     through the work conducted pursuant to subsection (c);
       (3) issue, or permit agents accredited under subsection (b) 
     to issue, certifications for products and services that meet 
     and comply with security standards, frameworks, and 
     benchmarks [endorsed by the Authority through the work 
     conducted under title (e)(3)(b) of this statute]/[the 
     standards, frameworks, and benchmarks identified under 
     subsection (c)];

[[Page S3239]]

       (4) permit a manufacturer or distributor of a [covered 
     product]/[critical information and communication technology] 
     to display a certificate reflecting the extent to which the 
     covered product meets [established and identified 
     cybersecurity and data security benchmarks]/[the standards, 
     frameworks, and benchmarks identified under subsection (c)];
       (5) remove the certification of a [covered product]/
     [critical information and communication technology] as a 
     [covered product]/[critical information and communication 
     technology] certified under the program if the manufacturer 
     of the certified [covered product]/[critical information and 
     communication technology] falls out of conformity with the 
     [benchmarks established under paragraph (e)(2) for the 
     covered product]/[the standards, frameworks, and benchmarks 
     identified under subsection (c)];
       (6) work to enhance public awareness of the Authority's 
     certificates and labeling, including through public outreach, 
     education, research and development, and other means; and
       (7) publicly display a list of certified [products]/
     [critical information and communication technology], along 
     with their respective certification information.
       (e) Certifications.--
       (1) In general.--Certifications issued under the program 
     established and administered under subsection (a) shall 
     remain valid for one year from the date of issuance.
       (2) Classes of certification.--In [developing --Note: 
     Subsection (c) says ``identified and harmonized'' not 
     ``developed''] the [guidelines and criteria --Note: 
     Subsection (c) uses ``standards, frameworks, and 
     benchmarks''] under subsection (c), the Authority shall 
     designate at least three classes of certifications, 
     including--
       (A) for products and services that product manufacturers 
     and service providers of critical information and 
     communications attest meet the criteria for certification 
     under the program established and administered under 
     subsection (a), attestation-based certification;
       (B) for products that have undergone a security evaluation 
     and testing process by a qualifying third party, 
     accreditation-based certification; and
       (C) for products that have undergone a security evaluation 
     and testing process by a qualifying third party, test-based 
     certification.
       (f) Product Labeling.--The Authority, in consultation with 
     the Secretary of Commerce, the Secretary of Homeland 
     Security, and other experts from the Federal Government, 
     academia, nongovernmental organizations, and the private 
     sector, shall--
       (1) collaborate with the private sector to standardize 
     language and define a labeling schema to provide transparent 
     information on the security characteristics and constituent 
     components of a software or hardware product [that includes 
     critical information and communication technology]; and
       (2) establish a mechanism by which product developers can 
     provide this information for both product labeling and public 
     posting.
       (g) Enforcement.--
       (1) Prohibition.--It shall be unlawful for a person--
       (A) to falsely attested to, or falsify an audit or test 
     for, a security standard, framework, or benchmark for 
     certification;
       (B) to intentionally mislabel a product; or
       (C) to failed to maintain a security standard, framework, 
     or benchmark to which the person has attested [for a security 
     standard, framework, or benchmark for certification].
       (2) Enforcement by federal trade commission.--
       (A) Unfair or deceptive acts or practices.--A violation of 
     paragraph (1) shall be treated as an unfair and deceptive act 
     or practice in violation of a regulation under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)) regarding unfair or deceptive acts or 
     practices.
       (B) Powers of commission.--
       (i) In general.--The Federal Trade Commission shall enforce 
     this subsection in the same manner, by the same means, and 
     with the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this subsection.
       (ii) Privileges and immunities.--Any person who violates 
     this subsection shall be subject to the penalties and 
     entitled to the privileges and immunities provided in the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.).

     SEC. _03. SELECTION OF THE AUTHORITY.

       (a) Selection.--The Secretary of Commerce, in coordination 
     with the Secretary of Homeland Security, shall issue a notice 
     of funding opportunity and select, on a competitive basis, a 
     nonprofit, nongovernmental organization to serve as the 
     National Cybersecurity Certification and Labeling Authority 
     (in this section referred to as the ``Authority'') for period 
     of five years.
       (b) Eligibility for Selection.--The Secretary of Commerce 
     may only select an organization to serve as the Authority if 
     such organization--
       (1) is a nongovernmental, not-for-profit that is--
       (A) exempt from taxation under section 501(a) of the 
     Internal Revenue Code of 1986; and
       (B) described in sections 501(c)(3) and 170(b)(1)(A)(vi) of 
     that Code;
       (2) has a demonstrable track record of work on 
     cybersecurity and information security standards, frameworks, 
     and benchmarks; and
       (3) possesses requisite staffing and expertise, with 
     demonstrable prior experience in technology security or 
     safety standards, frameworks, and benchmarks, as well as 
     certification.
       (c) Application.--The Secretary shall establish a process 
     by which a nonprofit, nongovernmental organization that seeks 
     to be selected as the Authority may apply for consideration.
       (d) Program Evaluation.--Not later than the date that is 
     four years after the initial selection pursuant subsection 
     (a), and every four years thereafter, the Secretary of 
     Commerce, in consultation with the Secretary of Homeland 
     Security, shall--
       (1) assess the effectiveness of the labels and certificates 
     produced by the Authority, including--
       (A) assessing the costs to businesses that manufacture 
     [covered products]/[critical information and communication 
     technologies] participating in the Authority's program;
       (B) evaluating the level of participation in the 
     Authority's program by businesses that manufacture [covered 
     products]/[critical information and communication 
     technologies]; and
       (C) assessing the level of public awareness and consumer 
     awareness of the labels under the Authority's program;
       (2) audit the impartiality and fairness of the activities 
     of the Authority;
       (3) issue a public report on the assessment most recently 
     carried out under paragraph (1) and the audit most recently 
     carried out under paragraph (2); and
       (4) brief Congress on the findings of the Secretary of 
     Commerce with respect to the most recent assessment under 
     paragraph (1) and the most recent audit under paragraph (2).
       (e) Renewal.--After the initial selection pursuant to 
     subsection (a), the Secretary of Commerce, in consultation 
     with the Secretary of Homeland Security, shall, every five 
     years--
       (1) accept applications from nonprofit, nongovernmental 
     organizations seeking selection as the Authority; and
       (2) following competitive consideration of all 
     applications--
       (A) renew the selection of the existing Authority; or
       (B) select another applicant organization to serve as the 
     Authority.

     SEC. _04. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle. Such funds shall remain 
     available until expended.
                                 ______
                                 
  SA 1719. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. STRENGTHENING PROCESSES FOR IDENTIFYING CRITICAL 
                   INFRASTRUCTURE CYBERSECURITY INTELLIGENCE NEEDS 
                   AND PRIORITIES.

       (a) Critical Infrastructure Cybersecurity Intelligence 
     Needs and Priorities.--
       (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 the Director of the 
     Cybersecurity and Infrastructure Security Agency and the 
     heads of appropriate Sector-Specific Agencies (as defined in 
     section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 
     651)), shall establish a formal process to solicit and 
     compile critical infrastructure input to inform national 
     intelligence collection and analysis priorities.
       (2) Recurrent input.--Not later than 30 days following the 
     establishment of the process required pursuant to paragraph 
     (1), and biennially thereafter, the Director of National 
     Intelligence, in coordination with the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall 
     solicit information from critical infrastructure utilizing 
     the process established pursuant to paragraph (1).
       (b) Intelligence Needs Evaluation and Planning.--Utilizing 
     the information received through the process established 
     pursuant to subsection (a), as well as existing intelligence 
     information and processes, the Director of National 
     Intelligence, in coordination with the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall--
       (1) identify common technologies or interdependencies that 
     are likely to be targeted by nation-state adversaries;
       (2) identify intelligence gaps across critical 
     infrastructure cybersecurity efforts;
       (3) identify and execute methods of empowering sector-
     specific agencies--
       (A) to identify specific critical lines of businesses, 
     technologies, and processes within their respective sectors; 
     and
       (B) to coordinate directly with the intelligence community 
     to convey specific information relevant to the operation of 
     each sector; and

[[Page S3240]]

       (4) refocus information collection and analysis activities, 
     as necessary to address identified gaps and mitigate threats 
     to the cybersecurity of critical infrastructure of the United 
     States.
       (c) Report to Congress.--Not later than 90 days after the 
     completion of the identification and refocusing required by 
     subsection (b), and annually thereafter, the Director of 
     National Intelligence and the Director of the Cybersecurity 
     and Infrastructure Security Agency shall jointly submit to 
     the appropriate committees of Congress a report that--
       (1) assesses how the information obtained from critical 
     infrastructure is shaping intelligence collection activities;
       (2) evaluates the success of the intelligence community in 
     sharing relevant, actionable intelligence with critical 
     infrastructure; and
       (3) addresses any legislative or policy changes necessary 
     to enable the intelligence community to increase sharing of 
     actionable intelligence with critical infrastructure.
       (d) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) Select Committee on Intelligence and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) Permanent Select Committee on Intelligence and the 
     Committee on Homeland Security of the House of 
     Representatives.
       (2) The term ``critical infrastructure'' has the meaning 
     given that term in the Critical Infrastructures Protection 
     Act of 2001 (42 U.S.C. 5195c).
       (3) 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 1720. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CISA DIRECTOR TERM APPOINTMENT.

       (a) In General.--Section 2202(b)(1) of the Homeland 
     Security Act of 2002 (6 U.S.C. 652(b)(1)), is amended by 
     adding at the end the following: ``Each Director shall serve 
     for a term of 5 years.''.
       (b) Transition Rules.--The amendment made by subsection (a) 
     shall take effect on the earlier of--
       (1) the confirmation of a Director of the Cybersecurity and 
     Infrastructure Protection Agency after the date of enactment 
     of this Act; or
       (2) January 1, 2021.
       (c) Executive Schedule Amendments.--Subchapter II of 
     chapter 53 of title 5, United States Code, is amended--
       (1) in section 5313, by inserting after the item relating 
     to ``Administrator of the Transportation Security 
     Administration'' the following:
     ``Director, Cybersecurity and Infrastructure Security 
     Agency.''; and
       (2) in section 5314, by striking the item relating to 
     ``Director, Cybersecurity and Infrastructure Security 
     Agency.''.

     SEC. __. AGENCY REVIEW.

       (a) Requirement of Comprehensive Review.--In order to 
     strengthen the Cybersecurity and Infrastructure Security 
     Agency, the Secretary of Homeland Security shall conduct a 
     comprehensive review of the ability of the Cybersecurity and 
     Infrastructure Security Agency to fulfill--
       (1) the missions of the Cybersecurity and Infrastructure 
     Security Agency; and
       (2) the recommendations detailed in the report issued by 
     the Cyberspace Solarium Commission under section 1652(k) of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232).
       (b) Elements of Review.--The review conducted under 
     subsection (a) shall include the following elements:
       (1) An assessment of how additional budget resources could 
     be used by the Cybersecurity and Infrastructure Security 
     Agency for projects and programs that--
       (A) support the national risk management mission;
       (B) support public and private-sector cybersecurity;
       (C) promote public-private integration; and
       (D) provide situational awareness of cybersecurity threats.
       (2) A comprehensive force structure assessment of the 
     Cybersecurity and Infrastructure Security Agency including--
       (A) a determination of the appropriate size and composition 
     of personnel to accomplish the mission of the Cybersecurity 
     and Infrastructure Security Agency, as well as the 
     recommendations detailed in the report issued by the 
     Cyberspace Solarium Commission under section 1652(k) of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232);
       (B) an assessment of whether existing personnel are 
     appropriately matched to the prioritization of threats in the 
     cyber domain and risks in critical infrastructure;
       (C) an assessment of whether the Cybersecurity and 
     Infrastructure Security Agency has the appropriate personnel 
     and resources to--
       (i) perform risk assessments, threat hunting, incident 
     response to support both private and public cybersecurity;
       (ii) carry out the responsibilities of the Cybersecurity 
     and Infrastructure Security Agency related to the security of 
     Federal information and Federal information systems; and
       (iii) carry out the critical infrastructure 
     responsibilities of the Cybersecurity and Infrastructure 
     Security Agency, including national risk management; and
       (D) an assessment of whether current structure, personnel, 
     and resources of regional field offices are sufficient in 
     fulfilling agency responsibilities and mission requirements.
       (c) Submission of Review.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall submit a report to Congress detailing the 
     results of the assessments required under subsection (b), 
     including recommendations to address any identified gaps.

     SEC. __. GENERAL SERVICES ADMINISTRATION REVIEW.

       (a) Review.--The Administrator of the General Services 
     Administration shall--
       (1) conduct a review of current Cybersecurity and 
     Infrastructure Security Agency facilities and assess the 
     suitability of such facilities to fully support current and 
     projected mission requirements nationally and regionally; and
       (2) make recommendations regarding resources needed to 
     procure or build a new facility or augment existing 
     facilities to ensure sufficient size and accommodations to 
     fully support current and projected mission requirements, 
     including the integration of personnel from the private 
     sector and other departments and agencies.
       (b) Submission of Review.--Not later than 1 year after the 
     date of the enactment of this Act, the Administrator of the 
     General Services Administration shall submit the review 
     required under subsection (a) to--
       (1) the President;
       (2) the Secretary of Homeland Security; and
       (3) to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives.
                                 ______
                                 
  SA 1721. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BIENNIAL NATIONAL CYBER EXERCISE.

       (a) Requirement.--Not later than December 31, 2023, and not 
     less frequently than once every 2 years thereafter until a 
     date that is not less than 10 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the President and the Secretary of Defense, shall conduct an 
     exercise to test the resilience, response, and recovery of 
     the United States in the case of a significant cyber incident 
     impacting critical infrastructure.
       (b) Planning and Preparation.--
       (1) In general.--Each exercise required under subsection 
     (a) shall be prepared by expert operational planners from--
       (A) the Department of Homeland Security;
       (B) the Department of Defense;
       (C) the Federal Bureau of Investigation; and
       (D) appropriate elements of the intelligence community, as 
     specified or designated under section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 3003(4)) identified by the 
     Director of National Intelligence.
       (2) Assistance.--The Cybersecurity and Infrastructure 
     Security Agency of the Department of Homeland Security shall 
     provide assistance to the expert operational planners 
     described in paragraph (1) in the preparation of each 
     exercise required under subsection (a).
       (c) Participants.--
       (1) Federal government participants.--
       (A) Relevant interagency partners, as determined by the 
     Secretary, shall participate in the exercise required under 
     subsection (a), including relevant interagency partners 
     from--
       (i) law enforcement agencies;
       (ii) elements of the intelligence community, as specified 
     or designated under section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 3003(4)); and
       (iii) the Department of Defense.
       (B) Senior leader representatives from sector-specific 
     agencies, as determined by the Secretary, shall participate 
     in the exercise required under subsection (a).
       (C) Under subparagraph (B), the Secretary shall determine 
     that not less than 1 senior leader representative from each 
     sector-specific agency participates in an exercise required 
     under subsection (a) not less frequently than once every 4 
     years.
       (2) State and local governments.--The Secretary shall 
     invite representatives from

[[Page S3241]]

     State, local, and Tribal governments to participate in the 
     exercise required under subsection (a) if the Secretary 
     determines the participation of those representatives to be 
     appropriate.
       (3) Private sector.--Depending on the nature of an exercise 
     being conducted under subsection (a), the Secretary, in 
     consultation with the senior leader representative of the 
     sector-specific agencies participating in the exercise under 
     paragraph (1)(B), shall invite the following individuals to 
     participate:
       (A) Representatives from private entities.
       (B) Other individuals that the Secretary determines will 
     best assist the United States in preparing for, and defending 
     against, a cyber attack.
       (4) International partners.--Depending on the nature of an 
     exercise being conducted under subsection (a), the Secretary 
     shall invite allies and partners of the United States to 
     participate in the exercise.
       (d) Observers.--The Secretary may invite representatives 
     from the executive and legislative branches of the Federal 
     Government to observe the exercise required under subsection 
     (a).
       (e) Elements.--The exercise required under subsection (a) 
     shall include the following elements:
       (1) Exercising of the orchestration of cybersecurity 
     response and the provision of cyber support to Federal, 
     State, local, and Tribal governments and private entities, 
     including exercising of the command, control, and 
     deconfliction of operational responses of--
       (A) the National Security Council;
       (B) interagency coordinating and response groups; and
       (C) each Federal Government participant described in 
     subsection (c)(1).
       (2) Testing of the information-sharing needs and 
     capabilities of exercise participants.
       (3) Testing of the relevant policy, guidance, and doctrine, 
     including the National Cyber Incident Response Plan of the 
     Cybersecurity and Infrastructure Security Agency of the 
     Department of Homeland Security.
       (4) A test of the interoperability of Federal, State, 
     local, and Tribal governments and private entities.
       (5) Exercising of the integration of operational 
     capabilities of the Department of Homeland Security, the 
     Cyber Mission Force, Federal law enforcement agencies, and 
     elements of the intelligence community, as specified or 
     designated under section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 3003(4)).
       (6) Exercising of integrated operations, mutual support, 
     and shared situational awareness of the cybersecurity 
     operations centers of the Federal Government, including--
       (A) the Cybersecurity and Infrastructure Security Agency of 
     the Department of Homeland Security;
       (B) the Cyber Threat Operations Center of the National 
     Security Agency;
       (C) the Joint Operations Center of Cyber Command;
       (D) the Cyber Threat Intelligence Integration Center of the 
     Office of the Director of National Intelligence;
       (E) the National Cyber Investigative Joint Task Force of 
     the Federal Bureau of Investigation;
       (F) the Defense Cyber Crime Center of the Department of 
     Defense; and
       (G) the Intelligence Community Security Coordination Center 
     of the Office of the Director of National Intelligence.
       (f) Briefing.--
       (1) In general.--Not later than 180 days after the date on 
     which each exercise required under subsection (a) is 
     conducted, the President shall submit to the appropriate 
     congressional committees a briefing on the participation of 
     the Federal Government participants described in subsection 
     (c)(1) in the exercise.
       (2) Contents.--The briefing required under paragraph (1) 
     shall include--
       (A) an assessment of the decision and response gaps 
     observed in the national level response exercise described in 
     paragraph (1);
       (B) proposed recommendations to improve the resilience, 
     response, and recovery of the United States in the case of a 
     significant cyber attack against critical infrastructure;
       (C) plans to implement the recommendations described in 
     subparagraph (B); and
       (D) specific timelines for the implementation of the plans 
     described in subparagraph (C).
       (g) Repeal.--Subsection (b) of section 1648 of the National 
     Defense Authorization Act for Fiscal Year 2016 (Public Law 
     114-92; 129 Stat. 1119) is repealed.
       (h) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Armed Services of the House of 
     Representatives;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (D) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Private entity.--The term ``private entity'' has the 
     meaning given the term in section 102 of the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1501).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Sector-specific agency.--The term ``sector-specific 
     agency'' has the meaning given the term ``Sector-Specific 
     Agency'' in section 2201 of the Homeland Security Act of 2002 
     (6 U.S.C. 651).
       (5) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Northern Mariana Islands, the United States 
     Virgin Islands, Guam, American Samoa, and any other territory 
     or possession of the United States.
                                 ______
                                 
  SA 1722. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. ___. SENSE OF SENATE ON ESTABLISHMENT OF A SELECT 
                   COMMITTEE OF THE SENATE ON CYBER MATTERS.

       It is the sense of the Senate that--
       (1) the Senate should establish a select committee on cyber 
     matters to be known as the ``Select Committee of the Senate 
     on Cyber'';
       (2) the select committee should consist of such number of 
     members as the Senate determines appropriate, which members 
     should include at least one Senator who is also a member of 
     one or more of the Committee on Armed Services, the Committee 
     on Foreign Affairs, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on the Judiciary, the 
     Committee on Commerce, the Committee on Appropriations, and 
     the Select Committee on Intelligence of the Senate;
       (3) the select committee should have a chair and a vice 
     chair, selected by the Majority Leader of the Senate and the 
     Minority Leader of the Senate, respectively;
       (4) the select committee should have as ex officio members 
     the Majority Leader of the Senate and the Minority Leader of 
     the Senate; and
       (5) the select committee should have legislative, 
     authorization, and oversight jurisdiction over the agencies 
     and activities of the Federal Government on cyber matters, 
     and should exercise such jurisdiction concurrently with any 
     other Committee the Senate having jurisdiction over such 
     agencies and activities under the Standing Rules of the 
     Senate in such manner as the Senate determines appropriate.
                                 ______
                                 
  SA 1723. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in subtitle B of title XVI, insert 
     the following:

     SEC. ___. ASSESSING PRIVATE-PUBLIC COLLABORATION IN 
                   CYBERSECURITY.

       (a) Requirement.--Not later than December 31, 2021, the 
     Secretary of Defense, in coordination with the Secretary of 
     Homeland Security and the Director of National Intelligence, 
     shall--
       (1) conduct a comprehensive review and assessment of any 
     ongoing public-private collaborative initiatives involving 
     the Department of Defense, the Department of Homeland 
     Security, and the private sector relating to cybersecurity 
     and defense of critical infrastructure, including reviews and 
     assessments of--
       (A) the Pathfinder initiative of the United States Cyber 
     Command and any derivative initiative;
       (B) the Department of Defense's support to and integration 
     with existing Federal cybersecurity centers and 
     organizations; and
       (C) comparable initiatives led by other Federal departments 
     or agencies that support long-term public-private 
     cybersecurity collaboration; and
       (2) develop recommendations for improvements and the 
     requirements and resources necessary to institutionalize and 
     strengthen the programs assessed under paragraph (1).
       (b) Certain Matters Excluded.--The review and assessment 
     under subsection (a) shall not include a review or assessment 
     of any intelligence, intelligence organization, or 
     information derived from intelligence collection, except for 
     declassification and downgrade procedures for the purposes of 
     sharing cyber threat information.
       (c) Report.--
       (1) In general.--Not later than December 31, 2021, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report on the findings of the Secretary with 
     respect to the reviews and assessments conducted under 
     paragraph (1) of subsection (a) and the recommendations 
     developed under paragraph (2) of such subsection.
       (2) Form of report.--The report submitted under paragraph 
     (1) may be submitted in unclassified form or classified form 
     as necessary.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--

[[Page S3242]]

       (A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Homeland Security, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 1724. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Review Required.--The Comptroller General of the United 
     States shall conduct a comprehensive review of the Federal 
     cyber and cybersecurity centers in operation on the date of 
     enactment of this Act.
       (b) Elements of Review.--The review required under 
     subsection (a) shall--
       (1) with respect to each Federal cyber center--
       (A) assess where the missions and operations, or portions 
     of the mission, of the Federal cyber center are unique, 
     overlap, are inefficient, or are in conflict in some way with 
     the mission of the authorizing agency of the Federal cyber 
     center;
       (B) assess aspects of the operations of the Federal cyber 
     center that would benefit from greater integration, 
     collaboration, or collocation to support a unified 
     cybersecurity strategy within the Federal government,
       (C) assess shortcomings in the capacity, structure, and 
     funding of the Federal cyber center and in the integration of 
     the work of the Federal cyber center with sector-specific 
     agencies; and
       (D) assess whether the Federal cyber center has distinct 
     statutory authorities best kept within the authorizing agency 
     of the Federal cyber center;
       (2) assess any shortcomings in the Federal cyber centers 
     that inhibit the ability of the Federal cyber centers to 
     maximize public-private cybersecurity efforts;
       (3) assess whether an integrated national cybersecurity 
     model, such as the National Cybersecurity Center of the 
     United Kingdom, is an effective model for the United States;
       (4) recommend procedures and criteria for expanding the 
     integration of public- and private-sector personnel into 
     Federal Government cyber defense and security efforts, 
     including any limitations posed by the security clearance 
     program for private sector expertise; and
       (5) recommend a cyber center structure that integrates, to 
     the maximum extent, Federal cyber centers in a way that 
     optimizes efficiency, minimizes redundancy, and increases 
     information and expertise sharing between the public and 
     private sectors.
       (c) Federal Cyber Centers Described.--The review required 
     to be conducted under subsection (a) shall include in the 
     review, at a minimum, the following Federal cyber centers:
       (1) The Cybersecurity and Infrastructure Security Agency of 
     the Department of Homeland Security.
       (2) The Cyber Threat Operations Center of the National 
     Security Agency.
       (3) The Joint Operations Center of Cyber Command.
       (4) The Cyber Threat Intelligence Integration Center of the 
     Office of the Director of National Intelligence.
       (5) The National Cyber Investigative Joint Task Force of 
     the Federal Bureau of Investigation.
       (6) The Defense Cyber Crime Center of the Department of 
     Defense.
       (7) The Intelligence Community Security Coordination Center 
     of the Office of the Director of National Intelligence.
       (d) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report on the review required under 
     subsection (a) to--
       (A) the Committee on Armed Services, the Committee on 
     Committee on Homeland Security and Governmental Affairs, and 
     the Select Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Homeland Security, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Form of report.--The report required under paragraph 
     (1) may be submitted in unclassified form, and may contain a 
     classified annex, if necessary.
       (e) Sense of the Senate.--It is the sense of the Senate 
     that, after submission of the report under subsection (d), 
     the Secretary of Homeland Security, in coordination with the 
     intelligence community, should conduct a regular review 
     regarding--
       (1) the status of Federal cyber center integration efforts;
       (2) whether any findings of the review conducted under 
     subsection (a) should be updated;
       (3) whether additional resources or authorities required to 
     support Federal cyber centers; and
       (4) the progress of Federal agencies in addressing the 
     areas identified through the review conducted under 
     subsection (a).
                                 ______
                                 
  SA 1725. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

       (a) Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and once every 4 years thereafter, 
     the President shall coordinate with the Secretary of Defense, 
     the Secretary of Homeland Security, the Secretary of 
     Commerce, the Secretary of State, and the Director of 
     National Intelligence, and consult with private sector 
     entities, to develop a comprehensive national strategy for 
     the information and communications technology (ICT) 
     industrial base for the following 4-year period, or a longer 
     period, if appropriate.
       (2) Elements.--The strategy required under paragraph (1) 
     shall--
       (A) delineate a national ICT industrial base strategy 
     consistent with--
       (i) the most recent national security strategy report 
     submitted pursuant to section 108 of the National Security 
     Act of 1947 (50 U.S.C. 3043);
       (ii) the strategic plans of other relevant departments and 
     agencies of the United States; and
       (iii) other relevant national-level strategic plans;
       (B) assess the ICT industrial base, to include 
     identifying--
       (i) critical technologies, trusted components, products, 
     and materials that comprise or support the ICT industrial 
     base;
       (ii) industrial capacity of the United States, as well as 
     its allied and partner nations necessary for the manufacture 
     and development of ICT deemed critical to the United States 
     national and economic security; and
       (iii) areas of supply risk to ICT critical technologies, 
     trusted components, products, and materials that comprise or 
     support the ICT industrial base;
       (C) identify national ICT strategic priorities and estimate 
     Federal monetary and human resources necessary to fulfill 
     such priorities and areas where strategic financial 
     investment in ICT research and development is necessary for 
     national and economic security; and
       (D) assess the Federal government's structure, resourcing, 
     and authorities for evaluating ICT components, products, and 
     materials and promoting availability and integrity of trusted 
     technologies.
       (b) Report.--
       (1) In general.--Not later than 90 days after developing 
     the strategy under subsection (a), the President shall submit 
     a report to the appropriate congressional committees with the 
     strategy.
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Homeland Security, the Committee on Energy and Commerce, the 
     Committee on Foreign Affairs, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Information and communications technology.--The term 
     ``information and communications technology'' means 
     information technology and other equipment, systems, 
     technologies, or processes, for which the principal function 
     is the creation, manipulation, storage, display, receipt, 
     protection, or transmission of electronic data and 
     information, as well as any associated content.
                                 ______
                                 
  SA 1726. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

[[Page S3243]]

  


     SEC. ___. REVIEW OF INTELLIGENCE AUTHORITIES TO INCREASE 
                   INTELLIGENCE SUPPORT TO THE BROADER PRIVATE 
                   SECTOR.

       (a) Review Required.--Not later than December 31, 2021, the 
     Director of National Intelligence, in coordination with 
     Director of the Cybersecurity and Infrastructure Security 
     Agency and the Director of the National Security Agency, 
     shall submit to the Select Committee on Intelligence and the 
     Committee on Homeland Security and Government Affairs of the 
     Senate and the Permanent Select Committee on Intelligence and 
     the Committee on Homeland Security of the House of 
     Representatives a comprehensive review of intelligence 
     policies, procedures, and resources that identifies and 
     addresses any legal or policy requirements that impede the 
     ability of the intelligence community (as defined in section 
     3 of the National Security Act of 1947 (50 U.S.C. 3003)) to 
     support--
       (1) the private sector; and
       (2) the Federal departments and agencies whose mission 
     includes assisting the private sector in its cybersecurity 
     and defense.
       (b) Elements of the Review.--The review submitted under 
     subsection (a) shall--
       (1) identify and address limitations in collection on 
     foreign adversary malicious cyber activity targeting domestic 
     critical infrastructure;
       (2) identify limitations in the ability of the intelligence 
     community to share threat intelligence information with the 
     private sector;
       (3) review downgrade and declassification procedures for 
     cybersecurity threat intelligence and assess options to 
     improve the speed and timeliness of release;
       (4) define criteria and procedures that would identify 
     certain types of intelligence for expedited declassification 
     and release;
       (5) examine current and projected mission requirements of 
     the Cybersecurity Directorate of the National Security Agency 
     to support other Federal departments and agencies and the 
     private sector, including funding gaps;
       (6) recommend budgetary changes needed to ensure that the 
     National Security Agency meets expectations for increased 
     support to other Federal department and agency cybersecurity 
     efforts, including support to private sector critical 
     infrastructure owners or operators;
       (7) review cyber-related information-sharing consent 
     processes, including consent to monitor agreements, and 
     assess gaps and opportunities for greater standardization and 
     simplification while ensuring privacy and civil liberty 
     protections; and
       (8) review existing statutes governing national security 
     systems, including National Security Directive 42, and assess 
     the sufficiency of existing National Security Agency 
     authorities to protect systems and assets that are critical 
     to national security.
       (c) Submission of Recommendations.--The review required 
     pursuant to subsection (a) shall include recommendations to 
     address the gaps identified in the review.
       (d) Form of Review.--The review required pursuant to 
     subsection (a) shall be submitted in unclassified form, but 
     may include a classified annex.
                                 ______
                                 
  SA 1727. Mr. KING (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 4049, to authorize 
appropriations for fiscal year 2021 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ESTABLISHMENT OF JOINT CYBER PLANNING OFFICE.

       (a) Amendment.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2215. JOINT CYBER PLANNING OFFICE.

       ``(a) Establishment of Office.--There is established in the 
     Agency an office for joint cyber planning (referred to in 
     this section as the `Office') to carry out certain 
     responsibilities of the Secretary. The Office shall be headed 
     by a Director of Joint Cyber Planning.
       ``(b) Mission.--The Office shall lead Government-wide and 
     public-private planning for cyber defense campaigns, 
     including the development of a set of coordinated actions to 
     respond to and recover from significant cyber incidents or 
     limit, mitigate, or defend against coordinated, malicious 
     cyber campaigns that pose a potential risk to critical 
     infrastructure of the United States and broader national 
     interests.
       ``(c) Planning and Execution.--In leading the development 
     of Government-wide and public-private plans for cyber defense 
     campaigns pursuant to subsection (b), the Director of Joint 
     Cyber Planning shall--
       ``(1) establish coordinated and deliberate processes and 
     procedures across relevant Federal departments and agencies, 
     accounting for all participating Federal agency cyber 
     capabilities and authorities;
       ``(2) ensure that plans are, to the greatest extent 
     practicable, developed in collaboration with relevant public- 
     and private-sector entities, particularly in areas where such 
     entities have comparative advantages in limiting, mitigating, 
     or defending against a significant cyber incident or 
     coordinated, malicious cyber campaign;
       ``(3) ensure that plans are responsive to potential 
     adversary activity conducted in response to U.S. offensive 
     cyber operations.
       ``(4) in order to inform and facilitate exercises of such 
     plans, develop and model scenarios based on an understanding 
     of adversary threats, critical infrastructure vulnerability, 
     and potential consequences of disruption or compromise;
       ``(5) coordinate with and, as necessary, support relevant 
     Federal agencies in the establishment of procedures, 
     development of additional plans, including for offensive and 
     intelligence activities in support of cyber defense campaign 
     plans, and procurement of authorizations necessary for the 
     rapid execution of plans once a significant cyber incident or 
     malicious cyber campaign has been identified; and
       ``(6) support the Department and other Federal agencies, as 
     appropriate, in coordination and execution of plans developed 
     pursuant to this section.
       ``(d) Composition.--The Office shall be composed of--
       ``(1) a central planning staff;
       ``(2) appropriate representatives of Federal agencies, 
     including--
       ``(A) the United States Cyber Command;
       ``(B) the National Security Agency;
       ``(C) the Federal Bureau of Investigation;
       ``(D) the Federal Emergency Management Agency; and
       ``(E) the Office of the Director of National Intelligence;
       ``(3) appropriate representatives of non-Federal entities, 
     such as--
       ``(A) State, local, and tribal governments;
       ``(B) information sharing and analysis organizations, 
     including information sharing and analysis centers;
       ``(C) owners and operators of critical information systems; 
     and
       ``(D) private entities; and
       ``(4) other appropriate representatives or entities, as 
     determined by the Secretary.
       ``(e) Interagency Agreements.--The Secretary and the head 
     of a Federal agency described in subsection (d) may enter 
     into agreements for the purpose of detailing personnel on a 
     reimbursable or non-reimbursable basis.
       ``(f) Information Protection.--Information provided to the 
     Office by a private entity shall be considered to have been 
     shared pursuant to section 103(c) of the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1503(c)) and shall 
     receive the protections and exemptions provided in such Act.
       ``(g) Funds.--There are authorized to be appropriated 
     $15,000,000 to the Director of Joint Cyber Planning to carry 
     out this section.
       ``(h) Definitions.--In this section:
       ``(1) Critical infrastructure.--The term `critical 
     infrastructure' means a physical or cyber system or asset 
     that are so vital to the United States that the incapacity or 
     destruction of such system or asset would have a debilitating 
     impact on the physical or economic security of the United 
     States or on public health or safety.
       ``(2) Cyber defense campaign.--The term `cyber defense 
     campaign' means a set of coordinated actions to respond to 
     and recover from a significant cyber incident or limit, 
     mitigate, or defend against a coordinated, malicious cyber 
     campaign targeting critical infrastructure in the United 
     States.
       ``(3) Significant cyber incident.--The term `significant 
     cyber incident' means an incident that is, or group of 
     related cyber incidents that together are, reasonably likely 
     to result in significant harm to the national security, 
     foreign policy, or economic health or financial stability of 
     the United States.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat.2135) is amended by inserting 
     after the item relating to section 2214 the following:

``Sec. 2215. Joint Cyber Planning Office.''.
                                 ______
                                 
  SA 1728. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 12__. EXTENSION AND MODIFICATION OF THE AFGHAN SPECIAL 
                   IMMIGRANT VISA PROGRAM.

       Section 602(b)(3)(F) of the Afghan Allies Protection Act of 
     2009 (8 U.S.C. 1101 note) is amended--
       (1) in the heading, by striking ``2020'' and inserting 
     ``2021'';
       (2) in the matter preceding clause (i), by striking 
     ``22,500'' and inserting ``26,500'';
       (3) in clause (i), by striking ``December 31, 2021'' and 
     inserting ``December 31, 2022;''; and
       (4) in clause (ii), by striking ``December 31, 2021'' and 
     inserting ``December 31, 2022;''.
                                 ______
                                 
  SA 1729. Mrs. SHAHEEN (for herself, Mr. Durbin, Mr. Blumenthal, and 
Mr. Booker) submitted an amendment intended to be proposed by her to 
the bill S. 4049, to authorize appropriations for

[[Page S3244]]

fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 3___. INCREASE IN FUNDING FOR STUDY BY CENTERS FOR 
                   DISEASE CONTROL AND PREVENTION RELATING TO 
                   PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCE 
                   CONTAMINATION IN DRINKING WATER.

       (a) In General.--
       (1) Increase.--The amount authorized to be appropriated by 
     this Act for fiscal year 2021 for Operation and Maintenance, 
     Defense Wide for SAG 4GTN for the study by the Centers for 
     Disease Control and Prevention under section 316(a)(2)(B)(ii) 
     of the National Defense Authorization Act for Fiscal Year 
     2018 (Public Law 115-91; 131 Stat. 1350) is hereby increased 
     by $5,000,000.
       (2) Offset.--The amount authorized to be appropriated by 
     this Act for fiscal year 2021 for Operation and Maintenance, 
     Army for SAG 421, Servicewide Transportation is hereby 
     reduced by $5,000,000.
       (b) Increase in Transfer Authority.--Section 
     316(a)(2)(B)(ii) of the National Defense Authorization Act 
     for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as 
     amended by section 315(a) of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 132 Stat. 1713), is amended by striking 
     ``$10,000,000'' and inserting ``$15,000,000''.
                                 ______
                                 
  SA 1730. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' 
                   COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR 
                   FEDERAL GOVERNMENT PERSONNEL UNDER CHIEF OF 
                   MISSION AUTHORITY.

       Section 901 of title IX of division J of the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94) is 
     amended--
       (1) in subsection (a), by inserting ``or other designated 
     heads of Federal agencies'' after ``The Secretary of State''; 
     and
       (2) in subsection (e)(2), by striking ``Department of 
     State'' and inserting ``Federal Government''.
                                 ______
                                 
  SA 1731. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   VULNERABILITIES OF THE DEPARTMENT OF DEFENSE 
                   RESULTING FROM OFFSHORE TECHNICAL SUPPORT CALL 
                   CENTERS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on vulnerabilities in connection with the provision of 
     services by offshore technical support call centers to the 
     Department of Defense.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description and assessment of the location of all 
     offshore technical support call centers.
       (2) A description and assessment of the types of 
     information shared by the Department with foreign nationals 
     at offshore technical support call centers.
       (3) An assessment of the extent to which access to such 
     information by foreign nationals creates vulnerabilities to 
     the information technology network of the Department.
       (c) Offshore Technical Support Call Center Defined.--In 
     this section, the term ``offshore technical support call 
     center'' means a call center that--
       (1) is physically located outside the United States;
       (2) employs individuals who are foreign nationals; and
       (3) may be contacted by personnel of the Department to 
     provide technical support relating to technology used by the 
     Department.
                                 ______
                                 
  SA 1732. Mrs. SHAHEEN (for herself and Mr. Booker) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 7__. REGISTRY OF INDIVIDUALS EXPOSED TO PERFLUOROALKYL 
                   AND POLYFLUOROALKYL SUBSTANCES ON MILITARY 
                   INSTALLATIONS.

       (a) Establishment of Registry.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall--
       (A) establish and maintain a registry for eligible 
     individuals who may have been exposed to perfluoroalkyl and 
     polyfluoroalkyl substances (in this section referred to as 
     ``PFAS'') due to the environmental release of aqueous film-
     forming foam (in this section referred to as ``AFFF'') on 
     military installations to meet the requirements of military 
     specification MIL-F-24385F;
       (B) include any information in such registry that the 
     Secretary of Veterans Affairs determines necessary to 
     ascertain and monitor the health effects of the exposure of 
     members of the Armed Forces to PFAS associated with AFFF;
       (C) develop a public information campaign to inform 
     eligible individuals about the registry, including how to 
     register and the benefits of registering; and
       (D) periodically notify eligible individuals of significant 
     developments in the study and treatment of conditions 
     associated with exposure to PFAS.
       (2) Coordination.--The Secretary of Veterans Affairs shall 
     coordinate with the Secretary of Defense in carrying out 
     paragraph (1).
       (b) Reports.--
       (1) Initial report.--Not later than two years after the 
     date on which the registry under subsection (a) is 
     established, the Secretary of Veterans Affairs shall submit 
     to Congress an initial report containing the following:
       (A) An assessment of the effectiveness of actions taken by 
     the Secretary of Veterans Affairs and the Secretary of 
     Defense to collect and maintain information on the health 
     effects of exposure to PFAS.
       (B) Recommendations to improve the collection and 
     maintenance of such information.
       (C) Using established and previously published 
     epidemiological studies, recommendations regarding the most 
     effective and prudent means of addressing the medical needs 
     of eligible individuals with respect to exposure to PFAS.
       (2) Follow-up report.--Not later than five years after 
     submitting the initial report under paragraph (1), the 
     Secretary of Veterans Affairs shall submit to Congress a 
     follow-up report containing the following:
       (A) An update to the initial report submitted under 
     paragraph (1).
       (B) An assessment of whether and to what degree the content 
     of the registry established under subsection (a) is current 
     and scientifically up-to-date.
       (3) Independent scientific organization.--The Secretary of 
     Veterans Affairs shall enter into an agreement with an 
     independent scientific organization to prepare the reports 
     under paragraphs (1) and (2).
       (c) Recommendations for Additional Exposures to Be 
     Included.--Not later than five years after the date of the 
     enactment of this Act, and every five years thereafter, the 
     Secretary of Veterans Affairs, in consultation with the 
     Secretary of Defense and the Administrator of the 
     Environmental Protection Agency, shall submit to Congress 
     recommendations for additional chemicals with respect to 
     which individuals exposed to such chemicals should be 
     included in the registry established under subsection (a).
       (d) Eligible Individual Defined.--In this section, the term 
     ``eligible individual'' means any individual who, on or after 
     a date specified by the Secretary of Veterans Affairs through 
     regulations, served or is serving in the Armed Forces at a 
     military installation where AFFF was used or at another 
     location of the Department of Defense where AFFF was used.
                                 ______
                                 
  SA 1733. Mrs. SHAHEEN (for herself, Mr. Durbin, Ms. Hassan, Mr. 
Blumenthal, and Mr. Booker) submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 3__. RESPONSE TO RELEASE OF PERFLUOROALKYL SUBSTANCES 
                   AND POLYFLUOROALKYL SUBSTANCES BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) Perfluoroalkyl and Polyfluoroalkyl Substances Task 
     Force.--

[[Page S3245]]

       (1) In general.--The Secretary of Defense shall establish a 
     task force to address the effects of the release of 
     perfluoroalkyl substances and polyfluoroalkyl substances from 
     activities of the Department of Defense (in this subsection 
     referred to as the ``PFAS Task Force'').
       (2) Membership.--The members of the PFAS Task Force are the 
     following:
       (A) The Assistant Secretary of Defense for Sustainment.
       (B) The Assistant Secretary of the Army for Installations, 
     Energy, and Environment.
       (C) The Assistant Secretary of the Navy for Energy, 
     Installations, and Environment.
       (D) The Assistant Secretary of the Air Force for 
     Installations, Environment, and Energy.
       (E) A liaison from the Department of Veterans Affairs to be 
     determined by the Secretary of Veterans Affairs.
       (3) Chairman.--The Assistant Secretary of Defense for 
     Sustainment shall be the chairman of the PFAS Task Force.
       (4) Support.--The Under Secretary of Defense for Personnel 
     and Readiness and such other individuals as the Secretary of 
     Defense considers appropriate shall support the activities of 
     the PFAS Task Force.
       (5) Duties.--The duties of the PFAS Task Force are the 
     following:
       (A) Analysis of the health aspects of exposure to 
     perfluoroalkyl substances and polyfluoroalkyl substances.
       (B) Establishment of clean-up standards and performance 
     requirements relating to mitigating the effects of the 
     release of perfluoroalkyl substances and polyfluoroalkyl 
     substances.
       (C) Finding and funding the procurement of an effective 
     substitute firefighting foam without perfluoroalkyl 
     substances or polyfluoroalkyl substances.
       (D) Establishment of standards that are supported by 
     science for determining exposure to and ensuring clean up of 
     perfluoroalkyl substances and polyfluoroalkyl substances.
       (E) Establishment of interagency coordination with respect 
     to mitigating the effects of the release of perfluoroalkyl 
     substances and polyfluoroalkyl substances.
       (6) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and semiannually thereafter, the 
     Chairman of the PFAS Task Force shall submit to Congress a 
     report on the activities of the task force.
       (b) Blood Testing for Members of the Armed Forces and Their 
     Dependents to Determine Exposure to Perfluoroalkyl and 
     Polyfluoroalkyl Substances.--
       (1) In general.--Beginning on October 1, 2020, the 
     Secretary of Defense shall make available, on an annual 
     basis, to each member of the Armed Forces and their 
     dependents blood testing to determine and document potential 
     exposure to perfluoroalkyl substances and polyfluoroalkyl 
     substances (commonly known as ``PFAS'').
       (2) Dependent defined.--In this subsection, the term 
     ``dependent'' has the meaning given that term in section 
     1072(2) of title 10, United States Code.
                                 ______
                                 
  SA 1734. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Definitions.--In this section--
       (1) the term ``SBIR'' has the meaning given the term in 
     section 9(e)(4) of the Small Business Act (15 U.S.C. 
     638(e)(4)); and
       (2) the term ``Secretary'' means the Secretary of Defense.
       (b) Reports Required.--Not later than 90 days after the 
     date of enactment of this Act, and not later than 120 days 
     after the end of each fiscal year that begins after that date 
     of enactment, the Secretary, after consultation with the 
     Secretary of each branch of the Armed Forces, shall submit, 
     through the Under Secretary of Defense for Research and 
     Engineering, to Congress a report that addresses--
       (1) the ways in which the Secretary, as of the date on 
     which the report is submitted, is using incentives to 
     Department of Defense program managers under section 
     9(y)(6)(B) of the Small Business Act (15 U.S.C. 638(y)(6)(B)) 
     to increase the number of Phase II SBIR contracts awarded by 
     the Secretary that lead to technology transition into 
     programs of record or fielded systems, which shall include 
     the judgment of the Secretary regarding the potential effect 
     of providing monetary incentives to those officers for that 
     purpose;
       (2) the extent to which the Department of Defense has 
     developed simplified and standardized procedures and model 
     contracts throughout the agency for Phase I, Phase II, and 
     Phase III SBIR awards, as required under section 
     9(hh)(2)(A)(i) of the Small Business Act (15 U.S.C. 
     638(hh)(2)(A)(i));
       (3) with respect to each report submitted under this 
     section after the submission of the first such report, the 
     extent to which any incentives described in this section and 
     implemented by the Secretary have resulted in an increased 
     number of Phase II contracts under the SBIR program of the 
     Department of Defense leading to technology transition into 
     programs of record or fielded systems;
       (4) the extent to which Phase I, Phase II, and Phase III 
     projects under the SBIR program of the Department of Defense 
     align with the modernization priorities of the Department, 
     including with respect to artificial intelligence, 
     biotechnology, autonomy, cybersecurity, directed energy, 
     fully networked command, control, and communication systems, 
     microelectronics, quantum science, hypersonics, and space; 
     and
       (5) any other action taken, and proposed to be taken, to 
     increase the number of Department of Defense Phase II SBIR 
     contracts leading to technology transition into programs of 
     record or fielded systems.
                                 ______
                                 
  SA 1735. Mr. BENNET (for himself, Mr. Casey, Mr. Brown, and Mr. 
Durbin) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ANNUAL REPORTS ON MILITARY PERSONNEL AND EXTREMIST 
                   IDEOLOGIES.

       (a) In General.--Not later than February 28 each year, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that sets forth a description and 
     assessment of the interaction between members of the Armed 
     Forces and extremist ideologies during the preceding year.
       (b) Elements.--Each report under subsection (a) shall 
     include, for the year covered by such report, the following:
       (1) A description of the current policies of the Department 
     of Defense, and each Armed Force, on affiliations between 
     members of the Armed Forces and recruits to the Armed Forces 
     and white supremacist, neo-Nazi, terrorist, gang, and other 
     extremist ideologies.
       (2) A description and assessment of the current procedures 
     used by the Department, and each Armed Force, to identify and 
     mitigate the affiliations described in paragraph (1).
       (3) An assessment of the recruitment tactics and practices 
     used by organizations that propound ideologies referred to in 
     paragraph (1) toward members and potential members of the 
     Armed Forces, including a description of the evolution of 
     such tactics and practices.
       (4) A listing of the installations currently subject to 
     orders banning hate speech, and affiliated symbols, among 
     installation personnel.
       (5) The number of violations of policies against the 
     affiliations described in paragraph (1), including hate 
     crimes, and the number of reports of such violations, 
     identified by the Department, and by each Armed Force, and a 
     description of each such violation, (including the nature of 
     such affiliation and the disciplinary or other measures taken 
     in response to such violation).
       (6) If the disciplinary action authorized for violations 
     described in paragraph (5) included administrative separation 
     from the Armed Forces--
       (A) the number of individuals administratively separated 
     from the Armed Forces in connection with such violations; and
       (B) the number of individuals retained in the Armed Forces 
     notwithstanding a substantiated finding of such a violation.
       (7) An identification and assessment of the extent to which 
     the number of such violations is on the increase, and a 
     description and assessment of any trends in the number of 
     such violations.
       (8) A description and assessment of the training provided 
     to members of the Armed Forces in order combat the ideologies 
     referred to in paragraph (1), and an identification of each 
     Armed Force that provides implicit bias training, including a 
     description of such training, the frequency of such training, 
     and the recipients of such training.
       (9) A description and assessment of the frequency of 
     assessments of the culture of diversity, equity, and 
     inclusion in the Armed Forces.
       (10) A description of any programs of the Department, and 
     of the Armed Forces, that showed results in increasing 
     diversity in the Armed Forces and among the grades of the 
     Armed Forces.
       (c) Additional Report in Connection With Increase in 
     Violations.--If the report under subsection (a) in 2022 
     identifies an increase in violations described in subsection 
     (b)(5) between 2020 and 2021, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives an additional report setting 
     forth the results of a study, conducted for purposes of this 
     subsection by an entity outside the Department of Defense 
     selected by the Secretary for purposes of this subsection, on 
     the following:
       (1) The causes of the increase.
       (2) Recommendations for measures to address the increase.

[[Page S3246]]

       (d) Additional Elements on Trends in Violations.--Each 
     report under subsection (a) shall also include the following:
       (1) A description and assessment of the trend in violations 
     described in subsection (b)(5) between the year covered by 
     such report and the year preceding the year covered by such 
     report.
       (2) A description and assessment of the work undertaken by 
     the Department of Defense with other departments and agencies 
     of the Federal Government, including the Federal Bureau of 
     Investigation, to identify the extent and nature of such 
     trend.
       (e) Form.--Each report under this section shall be 
     submitted in unclassified form, but may include information 
     in a classified annex only to the extent that submittal of 
     such information in classified form is the sole basis on 
     which such information is submittable to Congress.
                                 ______
                                 
  SA 1736. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORT ON THE EFFECTS OF COVID-19 MOBILIZATION ON 
                   THE BEHAVIORAL AND PHYSICAL HEALTH OF THE 
                   NATIONAL GUARD.

       (a) In General.--The Chief of the National Guard Bureau 
     shall submit a report to Congress on the effects of COVID-19 
     mobilization on the behavioral and physical health of the 
     National Guard.
       (b) Content of Report.--The report described in subsection 
     (a) shall--
       (1) include results of a thorough analysis of COVID-19 
     surveillance efforts, psychological health, and prevention 
     programming data to describe the impact of COVID-19 on 
     National Guard members' mental health, including any changes 
     in reported anxiety, depression, mood disorders, or risky 
     behaviors;
       (2) include an analysis of National Guard members who 
     contracted COVID-19 and what accommodations or access to care 
     they received;
       (3) take into account the degree to which employment and 
     economic stressors, reductions in pay, and workplace-induced 
     precarity increased stress on National Guard members during 
     COVID-19;
       (4) describe an evidence-based leadership response model 
     for the National Guard that includes a summary of resources 
     available to National Guard members during deployment to the 
     COVID-19 pandemic;
       (5) examine potential increases in substance misuse and 
     risky behaviors that may increase under COVID-19 
     mobilization;
       (6) identify barriers to access to healthcare, including 
     physical and behavioral health care, during a member's COVID-
     19 deployment such as--
       (A) lack of TRICARE providers near a service member's or 
     eligible dependent's location;
       (B) lack of appointments available with TRICARE providers 
     in the service member's or eligible dependent's location;
       (C) barriers to receiving healthcare, including 
     appointments for behavioral health, for service members and 
     their eligible dependents, in an area served by a military 
     medical treatment facility; and
       (D) lack of availability of telehealth and other technology 
     enabled options; and
       (7) identify increases to access to healthcare and use of 
     healthcare, including physical and behavioral health, for 
     service members and their eligible family members, such as--
       (A) the number of service members and eligible dependents 
     who, as a result of orders in response to the COVID-19 
     pandemic, became TRICARE eligible;
       (B) the rate of utilization of TRICARE benefits to obtain 
     healthcare during their time of eligibility;
       (C) receiving healthcare, to include physical and 
     behavioral health, at a military medical treatment facility 
     during their time as eligible beneficiaries; and
       (D) the rate of utilization of telehealth and other 
     technologies to receive healthcare, to include physical and 
     behavioral health, during their time of eligibility.
                                 ______
                                 
  SA 1737. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 952. BRIEFING ON ASSIGNMENT OF MEMBERS OF THE ARMED 
                   FORCES ON ACTIVE DUTY TO THE JOINT ARTIFICIAL 
                   INTELLIGENCE CENTER OF THE DEPARTMENT OF 
                   DEFENSE.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense, with appropriate 
     representatives of the Armed Forces, shall brief the 
     Committees on Armed Services of the Senate and the House of 
     Representatives on the feasibility and the current status of 
     assigning members of the Armed Forces on active duty to the 
     Joint Artificial Intelligence Center (JAIC) of the Department 
     of Defense. The briefing shall include an assessment of such 
     assignment on each of the following:
       (1) The strengthening of ties between the Joint Artificial 
     Intelligence Center and operational forces for purposes of--
       (A) identifying tactical and operational use cases for 
     artificial intelligence (AI);
       (B) improving data collection; and
       (C) establishing effective liaison between the Center and 
     operational forces for identification and clarification of 
     concerns in the widespread adoption and dissemination of 
     artificial intelligence.
       (2) The creation of opportunities for additional non-
     traditional broadening assignments for members on active 
     duty.
       (3) The career trajectory of active duty members so 
     assigned, including potential negative effects on career 
     trajectory.
       (4) The improvement and enhancement of the capacity of the 
     Center to influence Department-wide policies that affect the 
     adoption of artificial intelligence.
                                 ______
                                 
  SA 1738. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. RESEARCH AND STUDIES RELATING TO SMART BASE 
                   TECHNOLOGY.

       (a) Authority to Establish Hub.--The Secretary of Defense 
     may establish a hub to serve as a repository and point of 
     consolidation for research and studies on smart base 
     technology, including matters relating to progress and best 
     practices.
       (b) Assess and Consolidate Projects.--In consultation with 
     each of the secretary of a military department, the Secretary 
     of Defense shall assess and consolidate ongoing and planned 
     projects relating to smart base technology.
       (c) Advancement of Other Priorities.--The Secretary of 
     Defense shall work with such heads of appropriate offices in 
     the Department to assess if any smart base technology would 
     advance other Department priorities.
       (d) Establishing Lines of Communication.--The Secretary, 
     acting through the hub established under subsection (a) if so 
     established, shall establish contact with the commander of 
     each installation of each of the military departments to 
     establish lines of communication to both disseminate and 
     collect best practices and lessons learned from other 
     projects relating to smart base technology.
                                 ______
                                 
  SA 1739. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 520. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF THE 
                   COMPTROLLER GENERAL OF THE UNITED STATES ON 
                   RECRUITMENT AND RETENTION OF FEMALE MEMBERS OF 
                   THE ARMED FORCES.

        Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report setting forth a comprehensive plan 
     to implement and accomplish the recommendations for the 
     Department of Defense in keeping with the May 2020 report of 
     the Government Accountability Office titled ``Female Active-
     Duty Personnel: Guidance and Plans Needed for Recruitment and 
     Retention Efforts'', namely the recommendations as follows:
       (1) The Secretary of Defense must ensure that the Under 
     Secretary of Defense for Personnel and Readiness provides 
     guidance to each of the Armed Forces to develop plans, with 
     clearly defined goals, performance measures, and timeframes, 
     to guide and monitor the efforts in connection with the 
     recruitment and retention of female members.
       (2) Each Secretary of a military department must develop a 
     plan, with clearly defined goals, performance measures, and 
     timeframes, to guide and monitor the efforts of each Armed 
     Force under the jurisdiction of such Secretary in connection 
     with the recruitment and retention of female members in such 
     Armed Force.
                                 ______
                                 
  SA 1740. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department

[[Page S3247]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel 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. ____. BRIEFING ON EFFECTS OF CLIMATE CHANGE ON HEALTH OF 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Assistant Secretary of Defense 
     for Sustainment and the Assistant Secretary of Defense for 
     Health Affairs shall brief the appropriate committees of 
     Congress on the effect of climate change on the health of 
     members of the Armed Forces in the contiguous United States 
     and outside the contiguous United States.
       (b) Elements of Briefing.--The briefing under subsection 
     (a) shall specifically address possible increased incidents 
     of--
       (1) heat-related illness;
       (2) water scarcity;
       (3) vector borne disease; and
       (4) extreme weather.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Environment and Public Works of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Energy and Commerce of the House of Representatives.
                                 ______
                                 
  SA 1741. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

           TITLE XXX--COLORADO OUTDOOR RECREATION AND ECONOMY

     SEC. 30001. SHORT TITLE.

       This title may be cited as the ``Colorado Outdoor 
     Recreation and Economy Act''.

     SEC. 30002. DEFINITION OF STATE.

       In this title, the term ``State'' means the State of 
     Colorado.

     SEC. 30003. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this title, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this title, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                     Subtitle A--Continental Divide

     SEC. 30101. DEFINITIONS.

       In this subtitle:
       (1) Covered area.--The term ``covered area'' means any area 
     designated as wilderness by the amendments to section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) made by section 30102(a).
       (2) Historic landscape.--The term ``Historic Landscape'' 
     means the Camp Hale National Historic Landscape designated by 
     section 30107(a).
       (3) Recreation management area.--The term ``Recreation 
     Management Area'' means the Tenmile Recreation Management 
     Area designated by section 30104(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (5) Wildlife conservation area.--The term ``Wildlife 
     Conservation Area'' means, as applicable--
       (A) the Porcupine Gulch Wildlife Conservation Area 
     designated by section 30105(a); and
       (B) the Williams Fork Mountains Wildlife Conservation Area 
     designated by section 30106(a).

     SEC. 30102. COLORADO WILDERNESS ADDITIONS.

       (a) Designation.--Section 2(a) of the Colorado Wilderness 
     Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is 
     amended--
       (1) in paragraph (18), by striking ``1993,'' and inserting 
     ``1993, and certain Federal land within the White River 
     National Forest that comprises approximately 6,896 acres, as 
     generally depicted as `Proposed Ptarmigan Peak Wilderness 
     Additions' on the map entitled `Proposed Ptarmigan Peak 
     Wilderness Additions' and dated June 24, 2019,''; and
       (2) by adding at the end the following:
       ``(23) Holy cross wilderness addition.--Certain Federal 
     land within the White River National Forest that comprises 
     approximately 3,866 acres, as generally depicted as `Proposed 
     Megan Dickie Wilderness Addition' on the map entitled `Holy 
     Cross Wilderness Addition Proposal' and dated June 24, 2019, 
     which shall be incorporated into, and managed as part of, the 
     Holy Cross Wilderness designated by section 102(a)(5) of 
     Public Law 96-560 (94 Stat. 3266).
       ``(24) Hoosier ridge wilderness.--Certain Federal land 
     within the White River National Forest that comprises 
     approximately 5,235 acres, as generally depicted as `Proposed 
     Hoosier Ridge Wilderness' on the map entitled `Tenmile 
     Proposal' and dated June 24, 2019, which shall be known as 
     the `Hoosier Ridge Wilderness'.
       ``(25) Tenmile wilderness.--Certain Federal land within the 
     White River National Forest that comprises approximately 
     7,624 acres, as generally depicted as `Proposed Tenmile 
     Wilderness' on the map entitled `Tenmile Proposal' and dated 
     June 24, 2019, which shall be known as the `Tenmile 
     Wilderness'.
       ``(26) Eagles nest wilderness additions.--Certain Federal 
     land within the White River National Forest that comprises 
     approximately 9,670 acres, as generally depicted as `Proposed 
     Freeman Creek Wilderness Addition' and `Proposed Spraddle 
     Creek Wilderness Addition' on the map entitled `Eagles Nest 
     Wilderness Additions Proposal' and dated June 24, 2019, which 
     shall be incorporated into, and managed as part of, the 
     Eagles Nest Wilderness designated by Public Law 94-352 (90 
     Stat. 870).''.
       (b) Applicable Law.--Any reference in the Wilderness Act 
     (16 U.S.C. 1131 et seq.) to the effective date of that Act 
     shall be considered to be a reference to the date of 
     enactment of this Act for purposes of administering a covered 
     area.
       (c) Fire, Insects, and Diseases.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary may carry out any activity in a covered area 
     that the Secretary determines to be necessary for the control 
     of fire, insects, and diseases, subject to such terms and 
     conditions as the Secretary determines to be appropriate.
       (d) Grazing.--The grazing of livestock on a covered area, 
     if established before the date of enactment of this Act, 
     shall be permitted to continue subject to such reasonable 
     regulations as are considered to be necessary by the 
     Secretary, in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (e) Coordination.--For purposes of administering the 
     Federal land designated as wilderness by paragraph (26) of 
     section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by subsection 
     (a)(2)), the Secretary shall, as determined to be appropriate 
     for the protection of watersheds, coordinate the activities 
     of the Secretary in response to fires and flooding events 
     with interested State and local agencies, including 
     operations using aircraft or mechanized equipment.

     SEC. 30103. WILLIAMS FORK MOUNTAINS WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
     in the White River National Forest in the State, comprising 
     approximately 8,036 acres, as generally depicted as 
     ``Proposed Williams Fork Mountains Wilderness'' on the map 
     entitled ``Williams Fork Mountains Proposal'' and dated June 
     24, 2019, is designated as a potential wilderness area.
       (b) Management.--Subject to valid existing rights and 
     except as provided in subsection (d), the potential 
     wilderness area designated by subsection (a) shall be managed 
     in accordance with--
       (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (2) this section.
       (c) Livestock Use of Vacant Allotments.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, in accordance with applicable laws 
     (including regulations), the Secretary shall publish a 
     determination regarding whether to authorize livestock 
     grazing or other use by livestock on the vacant allotments 
     known as--
       (A) the ``Big Hole Allotment''; and
       (B) the ``Blue Ridge Allotment''.
       (2) Modification of allotments.--In publishing a 
     determination pursuant to paragraph (1), the Secretary may 
     modify or combine the vacant allotments referred to in that 
     paragraph.
       (3) Permit or other authorization.--Not later than 1 year 
     after the date on which a determination of the Secretary to 
     authorize livestock grazing or other use by livestock is 
     published under paragraph (1), if applicable, the Secretary 
     shall grant a permit or other authorization for that 
     livestock grazing or other use in accordance with applicable 
     laws (including regulations).
       (d) Range Improvements.--
       (1) In general.--If the Secretary permits livestock grazing 
     or other use by livestock on the potential wilderness area 
     under subsection (c), the Secretary, or a third party 
     authorized by the Secretary, may use any motorized or 
     mechanized transport or equipment for purposes of 
     constructing or rehabilitating such range improvements as are 
     necessary to obtain appropriate livestock management 
     objectives (including habitat and watershed restoration).
       (2) Termination of authority.--The authority provided by 
     this subsection terminates on the date that is 2 years after 
     the date on which the Secretary publishes a positive 
     determination under subsection (c)(3).
       (e) Designation as Wilderness.--
       (1) Designation.--The potential wilderness area designated 
     by subsection (a) shall be designated as wilderness, to be 
     known as the ``Williams Fork Mountains Wilderness''--
       (A) effective not earlier than the date that is 180 days 
     after the date of enactment this Act; and

[[Page S3248]]

       (B) on the earliest of--
       (i) the date on which the Secretary publishes in the 
     Federal Register a notice that the construction or 
     rehabilitation of range improvements under subsection (d) is 
     complete;
       (ii) the date described in subsection (d)(2); and
       (iii) the effective date of a determination of the 
     Secretary not to authorize livestock grazing or other use by 
     livestock under subsection (c)(1).
       (2) Administration.--Subject to valid existing rights, the 
     Secretary shall manage the Williams Fork Mountains Wilderness 
     in accordance with--
       (A) the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 
     note; Public Law 103-77); and
       (B) this subtitle.

     SEC. 30104. TENMILE RECREATION MANAGEMENT AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 17,122 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Tenmile Recreation Management Area'' on the map 
     entitled ``Tenmile Proposal'' and dated June 24, 2019, are 
     designated as the ``Tenmile Recreation Management Area''.
       (b) Purposes.--The purposes of the Recreation Management 
     Area are to conserve, protect, and enhance for the benefit 
     and enjoyment of present and future generations the 
     recreational, scenic, watershed, habitat, and ecological 
     resources of the Recreation Management Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Recreation 
     Management Area--
       (A) in a manner that conserves, protects, and enhances--
       (i) the purposes of the Recreation Management Area 
     described in subsection (b); and
       (ii) recreation opportunities, including mountain biking, 
     hiking, fishing, horseback riding, snowshoeing, climbing, 
     skiing, camping, and hunting; and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Recreation Management Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Vehicles.--
       (i) In general.--Except as provided in clause (iii), the 
     use of motorized vehicles in the Recreation Management Area 
     shall be limited to the roads, vehicle classes, and periods 
     authorized for motorized vehicle use on the date of enactment 
     of this Act.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii), no new or temporary road shall be constructed in the 
     Recreation Management Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

       (I) rerouting or closing an existing road or trail to 
     protect natural resources from degradation, as the Secretary 
     determines to be appropriate;
       (II) authorizing the use of motorized vehicles for 
     administrative purposes or roadside camping;
       (III) constructing temporary roads or permitting the use of 
     motorized vehicles to carry out pre- or post-fire watershed 
     protection projects;
       (IV) authorizing the use of motorized vehicles to carry out 
     any activity described in subsection (d), (e)(1), or (f); or
       (V) responding to an emergency.

       (C) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Recreation Management Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to prevent, control, or mitigate fire, insects, or 
     disease in the Recreation Management Area, subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (e) Water.--
       (1) Effect on water management infrastructure.--Nothing in 
     this section affects the construction, repair, 
     reconstruction, replacement, operation, maintenance, or 
     renovation within the Recreation Management Area of--
       (A) water management infrastructure in existence on the 
     date of enactment of this Act; or
       (B) any future infrastructure necessary for the development 
     or exercise of water rights decreed before the date of 
     enactment of this Act.
       (2) Applicable law.--Section 3(e) of the James Peak 
     Wilderness and Protection Area Act (Public Law 107-216; 116 
     Stat. 1058) shall apply to the Recreation Management Area.
       (f) Regional Transportation Projects.--Nothing in this 
     section precludes the Secretary from authorizing, in 
     accordance with applicable laws (including regulations), the 
     use or leasing of Federal land within the Recreation 
     Management Area for--
       (1) a regional transportation project, including--
       (A) highway widening or realignment; and
       (B) construction of multimodal transportation systems; or
       (2) any infrastructure, activity, or safety measure 
     associated with the implementation or use of a facility 
     constructed under paragraph (1).
       (g) Applicable Law.--Nothing in this section affects the 
     designation of the Federal land within the Recreation 
     Management Area for purposes of--
       (1) section 138 of title 23, United States Code; or
       (2) section 303 of title 49, United States Code.
       (h) Permits.--Nothing in this section alters or limits--
       (1) any permit held by a ski area or other entity; or
       (2) the acceptance, review, or implementation of associated 
     activities or facilities proposed or authorized by law or 
     permit outside the boundaries of the Recreation Management 
     Area.

     SEC. 30105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 8,287 acres of Federal land located in the 
     White River National Forest, as generally depicted as 
     ``Proposed Porcupine Gulch Wildlife Conservation Area'' on 
     the map entitled ``Porcupine Gulch Wildlife Conservation Area 
     Proposal'' and dated June 24, 2019, are designated as the 
     ``Porcupine Gulch Wildlife Conservation Area'' (referred to 
     in this section as the ``Wildlife Conservation Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are--
       (1) to conserve and protect a wildlife migration corridor 
     over Interstate 70; and
       (2) to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, and ecological resources of the 
     Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Recreation.--The Secretary may permit such recreational 
     activities in the Wildlife Conservation Area that the 
     Secretary determines are consistent with the purposes 
     described in subsection (b).
       (C) Motorized vehicles and mechanized transport; new or 
     temporary roads.--
       (i) Motorized vehicles and mechanized transport.--Except as 
     provided in clause (iii), the use of motorized vehicles and 
     mechanized transport in the Wildlife Conservation Area shall 
     be prohibited.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii) and subsection (e), no new or temporary road shall be 
     constructed within the Wildlife Conservation Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

       (I) authorizing the use of motorized vehicles or mechanized 
     transport for administrative purposes;
       (II) constructing temporary roads or permitting the use of 
     motorized vehicles or mechanized transport to carry out pre- 
     or post-fire watershed protection projects;
       (III) authorizing the use of motorized vehicles or 
     mechanized transport to carry out activities described in 
     subsection (d) or (e); or
       (IV) responding to an emergency.

       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to prevent, control, or mitigate fire, insects, or 
     disease in the Wildlife Conservation Area, subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (e) Regional Transportation Projects.--Nothing in this 
     section or section 30110(e) precludes the Secretary from 
     authorizing, in accordance with applicable laws (including 
     regulations), the use or leasing of Federal land within the 
     Wildlife Conservation Area for--
       (1) a regional transportation project, including--
       (A) highway widening or realignment; and
       (B) construction of multimodal transportation systems; or
       (2) any infrastructure, activity, or safety measure 
     associated with the implementation or use of a facility 
     constructed under paragraph (1).
       (f) Applicable Law.--Nothing in this section affects the 
     designation of the Federal

[[Page S3249]]

     land within the Wildlife Conservation Area for purposes of--
       (1) section 138 of title 23, United States Code; or
       (2) section 303 of title 49, United States Code.
       (g) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 30106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION 
                   AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 3,528 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Williams Fork Mountains Wildlife Conservation 
     Area'' on the map entitled ``Williams Fork Mountains 
     Proposal'' and dated June 24, 2019, are designated as the 
     ``Williams Fork Mountains Wildlife Conservation Area'' 
     (referred to in this section as the ``Wildlife Conservation 
     Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are to conserve, protect, and enhance for the benefit 
     and enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, recreational, and ecological 
     resources of the Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Motorized vehicles.--
       (i) In general.--Except as provided in clause (iii), the 
     use of motorized vehicles in the Wildlife Conservation Area 
     shall be limited to designated roads and trails.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii), no new or temporary road shall be constructed in the 
     Wildlife Conservation Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

       (I) authorizing the use of motorized vehicles for 
     administrative purposes;
       (II) authorizing the use of motorized vehicles to carry out 
     activities described in subsection (d); or
       (III) responding to an emergency.

       (C) Bicycles.--The use of bicycles in the Wildlife 
     Conservation Area shall be limited to designated roads and 
     trails.
       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (E) Grazing.--The laws (including regulations) and policies 
     followed by the Secretary in issuing and administering 
     grazing permits or leases on land under the jurisdiction of 
     the Secretary shall continue to apply with regard to the land 
     in the Wildlife Conservation Area, consistent with the 
     purposes described in subsection (b).
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to prevent, control, or mitigate fire, insects, or 
     disease in the Wildlife Conservation Area, subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (e) Regional Transportation Projects.--Nothing in this 
     section or section 30110(e) precludes the Secretary from 
     authorizing, in accordance with applicable laws (including 
     regulations), the use or leasing of Federal land within the 
     Wildlife Conservation Area for--
       (1) a regional transportation project, including--
       (A) highway widening or realignment; and
       (B) construction of multimodal transportation systems; or
       (2) any infrastructure, activity, or safety measure 
     associated with the implementation or use of a facility 
     constructed under paragraph (1).
       (f) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 30107. CAMP HALE NATIONAL HISTORIC LANDSCAPE.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 28,676 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Camp Hale National Historic Landscape'' on the map 
     entitled ``Camp Hale National Historic Landscape Proposal'' 
     and dated June 24, 2019, are designated the ``Camp Hale 
     National Historic Landscape''.
       (b) Purposes.--The purposes of the Historic Landscape are--
       (1) to provide for--
       (A) the interpretation of historic events, activities, 
     structures, and artifacts of the Historic Landscape, 
     including with respect to the role of the Historic Landscape 
     in local, national, and world history;
       (B) the historic preservation of the Historic Landscape, 
     consistent with--
       (i) the designation of the Historic Landscape as a national 
     historic site; and
       (ii) the other purposes of the Historic Landscape;
       (C) recreational opportunities, with an emphasis on the 
     activities related to the historic use of the Historic 
     Landscape, including skiing, snowshoeing, snowmobiling, 
     hiking, horseback riding, climbing, other road- and trail-
     based activities, and other outdoor activities; and
       (D) the continued environmental remediation and removal of 
     unexploded ordnance at the Camp Hale Formerly Used Defense 
     Site and the Camp Hale historic cantonment area; and
       (2) to conserve, protect, restore, and enhance for the 
     benefit and enjoyment of present and future generations the 
     scenic, watershed, and ecological resources of the Historic 
     Landscape.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Historic 
     Landscape in accordance with--
       (A) the purposes of the Historic Landscape described in 
     subsection (b); and
       (B) any other applicable laws (including regulations).
       (2) Management plan.--
       (A) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall prepare a 
     management plan for the Historic Landscape.
       (B) Contents.--The management plan prepared under 
     subparagraph (A) shall include plans for--
       (i) improving the interpretation of historic events, 
     activities, structures, and artifacts of the Historic 
     Landscape, including with respect to the role of the Historic 
     Landscape in local, national, and world history;
       (ii) conducting historic preservation and veteran outreach 
     and engagement activities;
       (iii) managing recreational opportunities, including the 
     use and stewardship of--

       (I) the road and trail systems; and
       (II) dispersed recreation resources;

       (iv) the conservation, protection, restoration, or 
     enhancement of the scenic, watershed, and ecological 
     resources of the Historic Landscape, including conducting the 
     restoration and enhancement project under subsection (d); and
       (v) environmental remediation and, consistent with 
     subsection (e)(2), the removal of unexploded ordnance.
       (3) Explosive hazards.--The Secretary shall provide to the 
     Secretary of the Army a notification of any unexploded 
     ordnance (as defined in section 101(e) of title 10, United 
     States Code) that is discovered in the Historic Landscape.
       (d) Camp Hale Restoration and Enhancement Project.--
       (1) In general.--The Secretary shall conduct a restoration 
     and enhancement project in the Historic Landscape--
       (A) to improve aquatic, riparian, and wetland conditions in 
     and along the Eagle River and tributaries of the Eagle River;
       (B) to maintain or improve recreation and interpretive 
     opportunities and facilities; and
       (C) to conserve historic values in the Camp Hale area.
       (2) Coordination.--In carrying out the project described in 
     paragraph (1), the Secretary shall coordinate with--
       (A) the Corps of Engineers;
       (B) the Camp Hale-Eagle River Headwaters Collaborative 
     Group;
       (C) the National Forest Foundation;
       (D) the Colorado Department of Public Health and 
     Environment;
       (E) the Colorado State Historic Preservation Office;
       (F) units of local government; and
       (G) other interested organizations and members of the 
     public.
       (e) Environmental Remediation.--
       (1) In general.--The Secretary of the Army shall continue 
     to carry out the projects and activities of the Department of 
     the Army in existence on the date of enactment of this Act 
     relating to cleanup of--
       (A) the Camp Hale Formerly Used Defense Site; or
       (B) the Camp Hale historic cantonment area.
       (2) Removal of unexploded ordnance.--
       (A) In general.--The Secretary of the Army may remove 
     unexploded ordnance (as defined in section 101(e) of title 
     10, United States Code) from the Historic Landscape, as the 
     Secretary of the Army determines to be appropriate in 
     accordance with applicable law (including regulations).
       (B) Action on receipt of notice.--On receipt from the 
     Secretary of a notification of unexploded ordnance under 
     subsection (c)(3), the Secretary of the Army may remove the 
     unexploded ordnance in accordance with--
       (i) the program for environmental restoration of formerly 
     used defense sites under section 2701 of title 10, United 
     States Code;
       (ii) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.); and
       (iii) any other applicable provision of law (including 
     regulations).
       (3) Effect of subsection.--Nothing in this subsection 
     modifies any obligation in existence on the date of enactment 
     of this Act relating to environmental remediation or removal 
     of any unexploded ordnance located in or around the Camp Hale 
     historic cantonment area, the Camp Hale Formerly Used

[[Page S3250]]

     Defense Site, or the Historic Landscape, including such an 
     obligation under--
       (A) the program for environmental restoration of formerly 
     used defense sites under section 2701 of title 10, United 
     States Code;
       (B) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
       (C) any other applicable provision of law (including 
     regulations).
       (f) Interagency Agreement.--The Secretary and the Secretary 
     of the Army shall enter into an agreement--
       (1) to specify--
       (A) the activities of the Secretary relating to the 
     management of the Historic Landscape; and
       (B) the activities of the Secretary of the Army relating to 
     environmental remediation and the removal of unexploded 
     ordnance in accordance with subsection (e) and other 
     applicable laws (including regulations); and
       (2) to require the Secretary to provide to the Secretary of 
     the Army, by not later than 1 year after the date of 
     enactment of this Act and periodically thereafter, as 
     appropriate, a management plan for the Historic Landscape for 
     purposes of the removal activities described in subsection 
     (e).
       (g) Effect.--Nothing in this section--
       (1) affects the jurisdiction of the State over any water 
     law, water right, or adjudication or administration relating 
     to any water resource;
       (2) affects any water right in existence on or after the 
     date of enactment of this Act, or the exercise of such a 
     water right, including--
       (A) a water right under an interstate water compact 
     (including full development of any apportionment made in 
     accordance with such a compact);
       (B) a water right decreed within, above, below, or through 
     the Historic Landscape;
       (C) a water right held by the United States;
       (D) the management or operation of any reservoir, including 
     the storage, management, release, or transportation of water; 
     and
       (E) the construction or operation of such infrastructure as 
     is determined to be necessary by an individual or entity 
     holding water rights to develop and place to beneficial use 
     those rights, subject to applicable Federal, State, and local 
     law (including regulations);
       (3) constitutes an express or implied reservation by the 
     United States of any reserved or appropriative water right;
       (4) alters or limits--
       (A) a permit held by a ski area;
       (B) the implementation of activities governed by a ski area 
     permit; or
       (C) the authority of the Secretary to modify or expand an 
     existing ski area permit;
       (5) prevents the Secretary from closing portions of the 
     Historic Landscape for public safety, environmental 
     remediation, or other use in accordance with applicable laws; 
     or
       (6) affects--
       (A) any special use permit in effect on the date of 
     enactment of this Act; or
       (B) the renewal of a permit described in subparagraph (A).
       (h) Funding.--
       (1) In general.--There is established in the general fund 
     of the Treasury a special account, to be known as the ``Camp 
     Hale Historic Preservation and Restoration Fund''.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Camp Hale Historic Preservation and 
     Restoration Fund $10,000,000, to be available to the 
     Secretary until expended, for activities relating to historic 
     interpretation, preservation, and restoration carried out in 
     and around the Historic Landscape.
       (i) Designation of Overlook.--The interpretive site located 
     beside United States Route 24 in the State, at 39.431N 
     106.323W, is designated as the ``Sandy Treat Overlook''.

     SEC. 30108. WHITE RIVER NATIONAL FOREST BOUNDARY 
                   MODIFICATION.

       (a) In General.--The boundary of the White River National 
     Forest is modified to include the approximately 120 acres 
     comprised of the SW\1/4\, the SE\1/4\, and the NE\1/4\ of the 
     SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, 
     in Summit County in the State.
       (b) Land and Water Conservation Fund.--For purposes of 
     section 200306 of title 54, United States Code, the 
     boundaries of the White River National Forest, as modified by 
     subsection (a), shall be considered to be the boundaries of 
     the White River National Forest as in existence on January 1, 
     1965.

     SEC. 30109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS 
                   BOUNDARY ADJUSTMENT.

       (a) Purpose.--The purpose of this section is to provide for 
     the ongoing maintenance and use of portions of the Trail 
     River Ranch and the associated property located within Rocky 
     Mountain National Park in Grand County in the State.
       (b) Boundary Adjustment.--Section 1952(b) of the Omnibus 
     Public Land Management Act of 2009 (Public Law 111-11; 123 
     Stat. 1070) is amended by adding at the end the following:
       ``(3) Boundary adjustment.--The boundary of the Potential 
     Wilderness is modified to exclude the area comprising 
     approximately 15.5 acres of land identified as `Potential 
     Wilderness to Non-wilderness' on the map entitled `Rocky 
     Mountain National Park Proposed Wilderness Area Amendment' 
     and dated January 16, 2018.''.

     SEC. 30110. ADMINISTRATIVE PROVISIONS.

       (a) Fish and Wildlife.--Nothing in this subtitle affects 
     the jurisdiction or responsibility of the State with respect 
     to fish and wildlife in the State.
       (b) No Buffer Zones.--
       (1) In general.--Nothing in this subtitle or an amendment 
     made by this subtitle establishes a protective perimeter or 
     buffer zone around--
       (A) a covered area;
       (B) a wilderness area or potential wilderness area 
     designated by section 30103;
       (C) the Recreation Management Area;
       (D) a Wildlife Conservation Area; or
       (E) the Historic Landscape.
       (2) Outside activities.--The fact that a nonwilderness 
     activity or use on land outside of a covered area can be seen 
     or heard from within the covered area shall not preclude the 
     activity or use outside the boundary of the covered area.
       (c) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file maps and 
     legal descriptions of each area described in subsection 
     (b)(1) with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any typographical errors in the maps and legal 
     descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (d) Acquisition of Land.--
       (1) In general.--The Secretary may acquire any land or 
     interest in land within the boundaries of an area described 
     in subsection (b)(1) only through exchange, donation, or 
     purchase from a willing seller.
       (2) Management.--Any land or interest in land acquired 
     under paragraph (1) shall be incorporated into, and 
     administered as a part of, the wilderness area, Recreation 
     Management Area, Wildlife Conservation Area, or Historic 
     Landscape, as applicable, in which the land or interest in 
     land is located.
       (e) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the areas described in 
     subsection (b)(1) are withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (f) Military Overflights.--Nothing in this subtitle or an 
     amendment made by this subtitle restricts or precludes--
       (1) any low-level overflight of military aircraft over any 
     area subject to this subtitle or an amendment made by this 
     subtitle, including military overflights that can be seen, 
     heard, or detected within such an area;
       (2) flight testing or evaluation over an area described in 
     paragraph (1); or
       (3) the use or establishment of--
       (A) any new unit of special use airspace over an area 
     described in paragraph (1); or
       (B) any military flight training or transportation over 
     such an area.
       (g) Sense of Congress.--It is the sense of Congress that 
     military aviation training on Federal public land in the 
     State, including the training conducted at the High-Altitude 
     Army National Guard Aviation Training Site, is critical to 
     the national security of the United States and the readiness 
     of the Armed Forces.

                     Subtitle B--San Juan Mountains

     SEC. 30201. DEFINITIONS.

       In this subtitle:
       (1) Covered land.--The term ``covered land'' means--
       (A) land designated as wilderness under paragraphs (27) 
     through (29) of section 2(a) of the Colorado Wilderness Act 
     of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by 
     section 30202); and
       (B) a Special Management Area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Special management area.--The term ``Special Management 
     Area'' means each of--
       (A) the Sheep Mountain Special Management Area designated 
     by section 30203(a)(1); and
       (B) the Liberty Bell East Special Management Area 
     designated by section 30203(a)(2).

     SEC. 30202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       Section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as amended by section 
     30102(a)(2)) is amended by adding at the end the following:
       ``(27) Lizard head wilderness addition.--Certain Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison National 
     Forests comprising approximately 3,141 acres, as generally 
     depicted on the map entitled `Proposed Wilson, Sunshine, 
     Black Face and San Bernardo Additions to the Lizard Head 
     Wilderness' and dated September 6, 2018, which is 
     incorporated in, and shall be administered as part of, the 
     Lizard Head Wilderness.
       ``(28) Mount sneffels wilderness additions.--
       ``(A) Liberty bell and last dollar additions.--Certain 
     Federal land in the Grand Mesa, Uncompahgre, and Gunnison 
     National Forests comprising approximately 7,235 acres, as 
     generally depicted on the map entitled `Proposed Liberty Bell 
     and Last Dollar

[[Page S3251]]

     Additions to the Mt. Sneffels Wilderness, Liberty Bell East 
     Special Management Area' and dated September 6, 2018, which 
     is incorporated in, and shall be administered as part of, the 
     Mount Sneffels Wilderness.
       ``(B) Whitehouse additions.--Certain Federal land in the 
     Grand Mesa, Uncompahgre, and Gunnison National Forests 
     comprising approximately 12,465 acres, as generally depicted 
     on the map entitled `Proposed Whitehouse Additions to the Mt. 
     Sneffels Wilderness' and dated September 6, 2018, which is 
     incorporated in, and shall be administered as part of, the 
     Mount Sneffels Wilderness.
       ``(29) Mckenna peak wilderness.--Certain Federal land in 
     the State of Colorado comprising approximately 8,884 acres of 
     Bureau of Land Management land, as generally depicted on the 
     map entitled `Proposed McKenna Peak Wilderness Area' and 
     dated September 18, 2018, to be known as the `McKenna Peak 
     Wilderness'.''.

     SEC. 30203. SPECIAL MANAGEMENT AREAS.

       (a) Designation.--
       (1) Sheep mountain special management area.--The Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison and San 
     Juan National Forests in the State comprising approximately 
     21,663 acres, as generally depicted on the map entitled 
     ``Proposed Sheep Mountain Special Management Area'' and dated 
     September 19, 2018, is designated as the ``Sheep Mountain 
     Special Management Area''.
       (2) Liberty bell east special management area.--The Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison National 
     Forests in the State comprising approximately 792 acres, as 
     generally depicted on the map entitled ``Proposed Liberty 
     Bell and Last Dollar Additions to the Mt. Sneffels 
     Wilderness, Liberty Bell East Special Management Area'' and 
     dated September 6, 2018, is designated as the ``Liberty Bell 
     East Special Management Area''.
       (b) Purpose.--The purpose of the Special Management Areas 
     is to conserve and protect for the benefit and enjoyment of 
     present and future generations the geological, cultural, 
     archaeological, paleontological, natural, scientific, 
     recreational, wilderness, wildlife, riparian, historical, 
     educational, and scenic resources of the Special Management 
     Areas.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Special 
     Management Areas in a manner that--
       (A) conserves, protects, and enhances the resources and 
     values of the Special Management Areas described in 
     subsection (b);
       (B) subject to paragraph (3), maintains or improves the 
     wilderness character of the Special Management Areas and the 
     suitability of the Special Management Areas for potential 
     inclusion in the National Wilderness Preservation System; and
       (C) is in accordance with--
       (i) the National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.);
       (ii) this subtitle; and
       (iii) any other applicable laws.
       (2) Prohibitions.--The following shall be prohibited in the 
     Special Management Areas:
       (A) Permanent roads.
       (B) Except as necessary to meet the minimum requirements 
     for the administration of the Federal land, to provide access 
     for abandoned mine cleanup, and to protect public health and 
     safety--
       (i) the use of motor vehicles, motorized equipment, or 
     mechanical transport (other than as provided in paragraph 
     (3)); and
       (ii) the establishment of temporary roads.
       (3) Authorized activities.--
       (A) In general.--The Secretary may allow any activities 
     (including helicopter access for recreation and maintenance 
     and the competitive running event permitted since 1992) that 
     have been authorized by permit or license as of the date of 
     enactment of this Act to continue within the Special 
     Management Areas, subject to such terms and conditions as the 
     Secretary may require.
       (B) Permitting.--The designation of the Special Management 
     Areas by subsection (a) shall not affect the issuance of 
     permits relating to the activities covered under subparagraph 
     (A) after the date of enactment of this Act.
       (C) Bicycles.--The Secretary may permit the use of bicycles 
     in--
       (i) the portion of the Sheep Mountain Special Management 
     Area identified as ``Ophir Valley Area'' on the map entitled 
     ``Proposed Sheep Mountain Special Management Area'' and dated 
     September 19, 2018; and
       (ii) the portion of the Liberty Bell East Special 
     Management Area identified as ``Liberty Bell Corridor'' on 
     the map entitled ``Proposed Liberty Bell and Last Dollar 
     Additions to the Mt. Sneffels Wilderness, Liberty Bell East 
     Special Management Area'' and dated September 6, 2018.
       (d) Applicable Law.--Water and water rights in the Special 
     Management Areas shall be administered in accordance with 
     section 8 of the Colorado Wilderness Act of 1993 (Public Law 
     103-77; 107 Stat. 762), except that, for purposes of this 
     subtitle--
       (1) any reference contained in that section to ``the lands 
     designated as wilderness by this Act'', ``the Piedra, 
     Roubideau, and Tabeguache areas identified in section 9 of 
     this Act, or the Bowen Gulch Protection Area or the Fossil 
     Ridge Recreation Management Area identified in sections 5 and 
     6 of this Act'', or ``the areas described in sections 2, 5, 
     6, and 9 of this Act'' shall be considered to be a reference 
     to ``the Special Management Areas''; and
       (2) any reference contained in that section to ``this Act'' 
     shall be considered to be a reference to ``the Colorado 
     Outdoor Recreation and Economy Act''.

     SEC. 30204. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Dominguez Canyon Wilderness Study Area.--Subtitle E of 
     title II of Public Law 111-11 is amended--
       (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as 
     section 2409; and
       (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) 
     the following:

     ``SEC. 2408. RELEASE.

       ``(a) In General.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez 
     Canyon Wilderness Study Area not designated as wilderness by 
     this subtitle have been adequately studied for wilderness 
     designation.
       ``(b) Release.--Any public land referred to in subsection 
     (a) that is not designated as wilderness by this subtitle--
       ``(1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       ``(2) shall be managed in accordance with this subtitle and 
     any other applicable laws.''.
       (b) McKenna Peak Wilderness Study Area.--
       (1) In general.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak 
     Wilderness Study Area in San Miguel County in the State not 
     designated as wilderness by paragraph (29) of section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) (as added by section 30202) have been 
     adequately studied for wilderness designation.
       (2) Release.--Any public land referred to in paragraph (1) 
     that is not designated as wilderness by paragraph (29) of 
     section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by section 
     30202)--
       (A) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (B) shall be managed in accordance with applicable laws.

     SEC. 30205. ADMINISTRATIVE PROVISIONS.

       (a) Fish and Wildlife.--Nothing in this subtitle affects 
     the jurisdiction or responsibility of the State with respect 
     to fish and wildlife in the State.
       (b) No Buffer Zones.--
       (1) In general.--Nothing in this subtitle establishes a 
     protective perimeter or buffer zone around covered land.
       (2) Activities outside wilderness.--The fact that a 
     nonwilderness activity or use on land outside of the covered 
     land can be seen or heard from within covered land shall not 
     preclude the activity or use outside the boundary of the 
     covered land.
       (c) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary or the Secretary of the 
     Interior, as appropriate, shall file a map and a legal 
     description of each wilderness area designated by paragraphs 
     (27) through (29) of section 2(a) of the Colorado Wilderness 
     Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as 
     added by section 30202) and the Special Management Areas 
     with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary or 
     the Secretary of the Interior, as appropriate, may correct 
     any typographical errors in the maps and legal descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management and the Forest Service.
       (d) Acquisition of Land.--
       (1) In general.--The Secretary or the Secretary of the 
     Interior, as appropriate, may acquire any land or interest in 
     land within the boundaries of a Special Management Area or 
     the wilderness designated under paragraphs (27) through (29) 
     of section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by section 
     30202) only through exchange, donation, or purchase from a 
     willing seller.
       (2) Management.--Any land or interest in land acquired 
     under paragraph (1) shall be incorporated into, and 
     administered as a part of, the wilderness or Special 
     Management Area in which the land or interest in land is 
     located.
       (e) Grazing.--The grazing of livestock on covered land, if 
     established before the date of enactment of this Act, shall 
     be permitted to continue subject to such reasonable 
     regulations as are considered to be necessary by the 
     Secretary with jurisdiction over the covered land, in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the applicable guidelines set forth in Appendix A of 
     the report of the Committee on Interior and Insular Affairs 
     of the House of Representatives accompanying H.R. 2570 of the 
     101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th 
     Congress (H. Rept. 96-617).

[[Page S3252]]

       (f) Fire, Insects, and Diseases.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary with jurisdiction over a wilderness area 
     designated by paragraphs (27) through (29) of section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) (as added by section 30202) may carry out 
     any activity in the wilderness area that the Secretary 
     determines to be necessary for the control of fire, insects, 
     and diseases, subject to such terms and conditions as the 
     Secretary determines to be appropriate.
       (g) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the covered land and the 
     approximately 6,590 acres generally depicted on the map 
     entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' 
     and dated September 6, 2018, is withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

                      Subtitle C--Thompson Divide

     SEC. 30301. PURPOSES.

       The purposes of this subtitle are--
       (1) subject to valid existing rights, to withdraw certain 
     Federal land in the Thompson Divide area from mineral and 
     other disposal laws; and
       (2) to promote the capture of fugitive methane emissions 
     that would otherwise be emitted into the atmosphere--
       (A) to reduce methane gas emissions; and
       (B) to provide--
       (i) new renewable electricity supplies and other beneficial 
     uses of fugitive methane emissions; and
       (ii) increased royalties for taxpayers.

     SEC. 30302. DEFINITIONS.

       In this subtitle:
       (1) Fugitive methane emissions.--The term ``fugitive 
     methane emissions'' means methane gas from the Federal land 
     in Garfield, Gunnison, Delta, or Pitkin County in the State, 
     as generally depicted on the pilot program map as ``Fugitive 
     Coal Mine Methane Use Pilot Program Area'', that would leak 
     or be vented into the atmosphere from an active, inactive, or 
     abandoned underground coal mine.
       (2) Pilot program.--The term ``pilot program'' means the 
     Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot 
     Program established by section 30305(a)(1).
       (3) Pilot program map.--The term ``pilot program map'' 
     means the map entitled ``Greater Thompson Divide Fugitive 
     Coal Mine Methane Use Pilot Program Area'' and dated June 17, 
     2019.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Thompson divide lease.--
       (A) In general.--The term ``Thompson Divide lease'' means 
     any oil or gas lease in effect on the date of enactment of 
     this Act within the Thompson Divide Withdrawal and Protection 
     Area.
       (B) Exclusions.--The term ``Thompson Divide lease'' does 
     not include any oil or gas lease that--
       (i) is associated with a Wolf Creek Storage Field 
     development right; or
       (ii) before the date of enactment of this Act, has expired, 
     been cancelled, or otherwise terminated.
       (6) Thompson divide map.--The term ``Thompson Divide map'' 
     means the map entitled ``Greater Thompson Divide Area Map'' 
     and dated June 13, 2019.
       (7) Thompson divide withdrawal and protection area.--The 
     term ``Thompson Divide Withdrawal and Protection Area'' means 
     the Federal land and minerals generally depicted on the 
     Thompson Divide map as the ``Thompson Divide Withdrawal and 
     Protection Area''.
       (8) Wolf creek storage field development right.--
       (A) In general.--The term ``Wolf Creek Storage Field 
     development right'' means a development right for any of the 
     Federal mineral leases numbered COC 007496, COC 007497, COC 
     007498, COC 007499, COC 007500, COC 007538, COC 008128, COC 
     015373, COC 0128018, COC 051645, and COC 051646, as generally 
     depicted on the Thompson Divide map as ``Wolf Creek Storage 
     Agreement''.
       (B) Exclusions.--The term ``Wolf Creek Storage Field 
     development right'' does not include any storage right or 
     related activity within the area described in subparagraph 
     (A).

     SEC. 30303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.

       (a) Withdrawal.--Subject to valid existing rights, the 
     Thompson Divide Withdrawal and Protection Area is withdrawn 
     from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (b) Surveys.--The exact acreage and legal description of 
     the Thompson Divide Withdrawal and Protection Area shall be 
     determined by surveys approved by the Secretary, in 
     consultation with the Secretary of Agriculture.
       (c) Grazing.--The grazing of livestock on covered land, if 
     established before the date of enactment of this Act, shall 
     be allowed to continue subject to such reasonable regulations 
     as are considered to be necessary by the Secretary with 
     jurisdiction over the covered land.

     SEC. 30304. THOMPSON DIVIDE LEASE EXCHANGE.

       (a) In General.--In exchange for the relinquishment by a 
     leaseholder of all Thompson Divide leases of the leaseholder, 
     the Secretary may issue to the leaseholder credits for any 
     bid, royalty, or rental payment due under any Federal oil or 
     gas lease on Federal land in the State, in accordance with 
     subsection (b).
       (b) Amount of Credits.--
       (1) In general.--Subject to paragraph (2), the amount of 
     the credits issued to a leaseholder of a Thompson Divide 
     lease relinquished under subsection (a) shall--
       (A) be equal to the sum of--
       (i) the amount of the bonus bids paid for the applicable 
     Thompson Divide leases;
       (ii) the amount of any rental paid for the applicable 
     Thompson Divide leases as of the date on which the 
     leaseholder submits to the Secretary a notice of the decision 
     to relinquish the applicable Thompson Divide leases; and
       (iii) the amount of any expenses incurred by the 
     leaseholder of the applicable Thompson Divide leases in the 
     preparation of any drilling permit, sundry notice, or other 
     related submission in support of the development of the 
     applicable Thompson Divide leases as of January 28, 2019, 
     including any expenses relating to the preparation of any 
     analysis under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       (B) require the approval of the Secretary.
       (2) Exclusion.--The amount of a credit issued under 
     subsection (a) shall not include any expenses paid by the 
     leaseholder of a Thompson Divide lease for legal fees or 
     related expenses for legal work with respect to a Thompson 
     Divide lease.
       (c) Cancellation.--Effective on relinquishment under this 
     section, and without any additional action by the Secretary, 
     a Thompson Divide lease--
       (1) shall be permanently cancelled; and
       (2) shall not be reissued.
       (d) Conditions.--
       (1) Applicable law.--Except as otherwise provided in this 
     section, each exchange under this section shall be conducted 
     in accordance with--
       (A) this title; and
       (B) other applicable laws (including regulations).
       (2) Acceptance of credits.--The Secretary shall accept 
     credits issued under subsection (a) in the same manner as 
     cash for the payments described in that subsection.
       (3) Applicability.--The use of a credit issued under 
     subsection (a) shall be subject to the laws (including 
     regulations) applicable to the payments described in that 
     subsection, to the extent that the laws are consistent with 
     this section.
       (4) Treatment of credits.--All amounts in the form of 
     credits issued under subsection (a) accepted by the Secretary 
     shall be considered to be amounts received for the purposes 
     of--
       (A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); 
     and
       (B) section 20 of the Geothermal Steam Act of 1970 (30 
     U.S.C. 1019).
       (e) Wolf Creek Storage Field Development Rights.--
       (1) Conveyance to secretary.--As a condition precedent to 
     the relinquishment of a Thompson Divide lease, any 
     leaseholder with a Wolf Creek Storage Field development right 
     shall permanently relinquish, transfer, and otherwise convey 
     to the Secretary, in a form acceptable to the Secretary, all 
     Wolf Creek Storage Field development rights of the 
     leaseholder.
       (2) Limitation of transfer.--An interest acquired by the 
     Secretary under paragraph (1)--
       (A) shall be held in perpetuity; and
       (B) shall not be--
       (i) transferred;
       (ii) reissued; or
       (iii) otherwise used for mineral extraction.

     SEC. 30305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE 
                   METHANE USE PILOT PROGRAM.

       (a) Fugitive Coal Mine Methane Use Pilot Program.--
       (1) Establishment.--There is established in the Bureau of 
     Land Management a pilot program, to be known as the ``Greater 
     Thompson Divide Fugitive Coal Mine Methane Use Pilot 
     Program''.
       (2) Purpose.--The purpose of the pilot program is to 
     promote the capture, beneficial use, mitigation, and 
     sequestration of fugitive methane emissions--
       (A) to reduce methane emissions;
       (B) to promote economic development;
       (C) to produce bid and royalty revenues;
       (D) to improve air quality; and
       (E) to improve public safety.
       (3) Plan.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop a plan--
       (i) to complete an inventory of fugitive methane emissions 
     in accordance with subsection (b);
       (ii) to provide for the leasing of fugitive methane 
     emissions in accordance with subsection (c); and
       (iii) to provide for the capping or destruction of fugitive 
     methane emissions in accordance with subsection (d).
       (B) Coordination.--In developing the plan under this 
     paragraph, the Secretary shall coordinate with--
       (i) the State;
       (ii) Garfield, Gunnison, Delta, and Pitkin Counties in the 
     State;
       (iii) lessees of Federal coal within the counties referred 
     to in clause (ii);

[[Page S3253]]

       (iv) interested institutions of higher education in the 
     State; and
       (v) interested members of the public.
       (b) Fugitive Methane Emission Inventory.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete an 
     inventory of fugitive methane emissions.
       (2) Conduct.--The Secretary may conduct the inventory under 
     paragraph (1) through, or in collaboration with--
       (A) the Bureau of Land Management;
       (B) the United States Geological Survey;
       (C) the Environmental Protection Agency;
       (D) the United States Forest Service;
       (E) State departments or agencies;
       (F) Garfield, Gunnison, Delta, or Pitkin County in the 
     State;
       (G) the Garfield County Federal Mineral Lease District;
       (H) institutions of higher education in the State;
       (I) lessees of Federal coal within a county referred to in 
     subparagraph (F);
       (J) the National Oceanic and Atmospheric Administration;
       (K) the National Center for Atmospheric Research; or
       (L) other interested entities, including members of the 
     public.
       (3) Contents.--The inventory under paragraph (1) shall 
     include--
       (A) the general location and geographic coordinates of each 
     vent, seep, or other source producing significant fugitive 
     methane emissions;
       (B) an estimate of the volume and concentration of fugitive 
     methane emissions from each source of significant fugitive 
     methane emissions, including details of measurements taken 
     and the basis for that emissions estimate;
       (C) an estimate of the total volume of fugitive methane 
     emissions each year;
       (D) relevant data and other information available from--
       (i) the Environmental Protection Agency;
       (ii) the Mine Safety and Health Administration;
       (iii) the department of natural resources of the State;
       (iv) the Colorado Public Utility Commission;
       (v) the department of health and environment of the State; 
     and
       (vi) the Office of Surface Mining Reclamation and 
     Enforcement; and
       (E) such other information as may be useful in advancing 
     the purposes of the pilot program.
       (4) Public participation; disclosure.--
       (A) Public participation.--The Secretary shall provide 
     opportunities for public participation in the inventory under 
     this subsection.
       (B) Availability.--The Secretary shall make the inventory 
     under this subsection publicly available.
       (C) Disclosure.--Nothing in this subsection requires the 
     Secretary to publicly release information that--
       (i) poses a threat to public safety;
       (ii) is confidential business information; or
       (iii) is otherwise protected from public disclosure.
       (5) Use.--The Secretary shall use the inventory in carrying 
     out--
       (A) the leasing program under subsection (c); and
       (B) the capping or destruction of fugitive methane 
     emissions under subsection (d).
       (c) Fugitive Methane Emission Leasing Program.--
       (1) In general.--Subject to valid existing rights and in 
     accordance with this section, not later than 1 year after the 
     date of completion of the inventory required under subsection 
     (b), the Secretary shall carry out a program to encourage the 
     use and destruction of fugitive methane emissions.
       (2) Fugitive methane emissions from coal mines subject to 
     lease.--
       (A) In general.--The Secretary shall authorize the holder 
     of a valid existing Federal coal lease for a mine that is 
     producing fugitive methane emissions to capture for use, or 
     destroy by flaring, the fugitive methane emissions.
       (B) Conditions.--The authority under subparagraph (A) shall 
     be subject to--
       (i) valid existing rights; and
       (ii) such terms and conditions as the Secretary may 
     require.
       (C) Limitations.--The program carried out under 
     subparagraph (A) shall only include fugitive methane 
     emissions that can be captured for use, or destroyed by 
     flaring, in a manner that does not--
       (i) endanger the safety of any coal mine worker; or
       (ii) unreasonably interfere with any ongoing operation at a 
     coal mine.
       (D) Cooperation.--
       (i) In general.--The Secretary shall work cooperatively 
     with the holders of valid existing Federal coal leases for 
     mines that produce fugitive methane emissions to encourage--

       (I) the capture of fugitive methane emissions for 
     beneficial use, such as generating electrical power, 
     producing usable heat, transporting the methane to market, or 
     transforming the fugitive methane emissions into a different 
     marketable material; or
       (II) if the beneficial use of the fugitive methane 
     emissions is not feasible, the destruction of the fugitive 
     methane emissions by flaring.

       (ii) Guidance.--In furtherance of the purposes of this 
     paragraph, not later than 1 year after the date of enactment 
     of this Act, the Secretary shall issue guidance for the 
     implementation of Federal authorities and programs to 
     encourage the capture for use, or destruction by flaring, of 
     fugitive methane emissions, while minimizing impacts on 
     natural resources or other public interest values.
       (E) Royalties.--The Secretary shall determine whether any 
     fugitive methane emissions used or destroyed pursuant to this 
     paragraph are subject to the payment of a royalty under 
     applicable law.
       (3) Fugitive methane emissions from abandoned coal mines.--
       (A) In general.--Except as otherwise provided in this 
     section, notwithstanding section 30303, subject to valid 
     existing rights, and in accordance with section 21 of the 
     Mineral Leasing Act (30 U.S.C. 241) and any other applicable 
     law, the Secretary shall--
       (i) authorize the capture for use, or destruction by 
     flaring, of fugitive methane emissions from abandoned coal 
     mines on Federal land; and
       (ii) make available for leasing such fugitive methane 
     emissions from abandoned coal mines on Federal land as the 
     Secretary considers to be in the public interest.
       (B) Source.--To the maximum extent practicable, the 
     Secretary shall offer for lease each significant vent, seep, 
     or other source of fugitive methane emissions from abandoned 
     coal mines.
       (C) Bid qualifications.--A bid to lease fugitive methane 
     emissions under this paragraph shall specify whether the 
     prospective lessee intends--
       (i) to capture the fugitive methane emissions for 
     beneficial use, such as generating electrical power, 
     producing usable heat, transporting the methane to market, or 
     transforming the fugitive methane emissions into a different 
     marketable material;
       (ii) to destroy the fugitive methane emissions by flaring; 
     or
       (iii) to employ a specific combination of--

       (I) capturing the fugitive methane emissions for beneficial 
     use; and
       (II) destroying the fugitive methane emission by flaring.

       (D) Priority.--
       (i) In general.--In any case in which 2 or more qualified 
     bids are submitted for a lease under this paragraph, the 
     Secretary shall select the bid that the Secretary determines 
     is likely to most significantly advance the public interest.
       (ii) Considerations.--In determining the public interest 
     under clause (i), the Secretary shall take into 
     consideration--

       (I) the size of the overall decrease in the time-integrated 
     radiative forcing of the fugitive methane emissions;
       (II) the impacts to other natural resource values, 
     including wildlife, water, and air; and
       (III) other public interest values, including scenic, 
     economic, recreation, and cultural values.

       (E) Lease form.--
       (i) In general.--The Secretary shall develop and provide to 
     prospective bidders a lease form for leases issued under this 
     paragraph.
       (ii) Due diligence.--The lease form developed under clause 
     (i) shall include terms and conditions requiring the leased 
     fugitive methane emissions to be put to beneficial use or 
     flared by not later than 1 year after the date of issuance of 
     the lease.
       (F) Royalty rate.--The Secretary shall develop a minimum 
     bid and royalty rate for leases under this paragraph to 
     advance the purposes of this section, to the maximum extent 
     practicable.
       (d) Sequestration.--If, by not later than 4 years after the 
     date of enactment of this Act, any significant fugitive 
     methane emissions from abandoned coal mines on Federal land 
     are not leased under subsection (c)(3), the Secretary shall, 
     in accordance with applicable law, take all reasonable 
     measures--
       (1) to cap those fugitive methane emissions at the source 
     in any case in which the cap will result in the long-term 
     sequestration of all or a significant portion of the fugitive 
     methane emissions; or
       (2) if sequestration under paragraph (1) is not feasible, 
     destroy the fugitive methane emissions by flaring.
       (e) Report to Congress.--Not later than 4 years after the 
     date of enactment of this Act the Secretary shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives a report detailing--
       (1) the economic and environmental impacts of the pilot 
     program, including information on increased royalties and 
     estimates of avoided greenhouse gas emissions; and
       (2) any recommendations of the Secretary regarding whether 
     the pilot program could be expanded geographically to include 
     other significant sources of fugitive methane emissions from 
     coal mines.

     SEC. 30306. EFFECT.

       Except as expressly provided in this subtitle, nothing in 
     this subtitle--
       (1) expands, diminishes, or impairs any valid existing 
     mineral leases, mineral interest, or other property rights 
     wholly or partially within the Thompson Divide Withdrawal and 
     Protection Area, including access to the leases, interests, 
     rights, or land in accordance with applicable Federal, State, 
     and local laws (including regulations);
       (2) prevents the capture of methane from any active, 
     inactive, or abandoned coal mine covered by this subtitle, in 
     accordance with applicable laws; or

[[Page S3254]]

       (3) prevents access to, or the development of, any new or 
     existing coal mine or lease in Delta or Gunnison County in 
     the State.

             Subtitle D--Curecanti National Recreation Area

     SEC. 30401. DEFINITIONS.

       In this subtitle:
       (1) Map.--The term ``map'' means the map entitled 
     ``Curecanti National Recreation Area, Proposed Boundary'', 
     numbered 616/100,485C, and dated August 11, 2016.
       (2) National recreation area.--The term ``National 
     Recreation Area'' means the Curecanti National Recreation 
     Area established by section 30402(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 30402. CURECANTI NATIONAL RECREATION AREA.

       (a) Establishment.--Effective beginning on the earlier of 
     the date on which the Secretary approves a request under 
     subsection (c)(2)(B)(i)(I) and the date that is 1 year after 
     the date of enactment of this Act, there shall be established 
     as a unit of the National Park System the Curecanti National 
     Recreation Area, in accordance with this title, consisting of 
     approximately 50,667 acres of land in the State, as generally 
     depicted on the map as ``Curecanti National Recreation Area 
     Proposed Boundary''.
       (b) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the 
     National Recreation Area in accordance with--
       (A) this subtitle; and
       (B) the laws (including regulations) generally applicable 
     to units of the National Park System, including section 
     100101(a), chapter 1003, and sections 100751(a), 100752, 
     100753, and 102101 of title 54, United States Code.
       (2) Dam, power plant, and reservoir management and 
     operations.--
       (A) In general.--Nothing in this subtitle affects or 
     interferes with the authority of the Secretary--
       (i) to operate the Uncompahgre Valley Reclamation Project 
     under the reclamation laws;
       (ii) to operate the Wayne N. Aspinall Unit of the Colorado 
     River Storage Project under the Act of April 11, 1956 
     (commonly known as the ``Colorado River Storage Project 
     Act'') (43 U.S.C. 620 et seq.); or
       (iii) under the Federal Water Project Recreation Act (16 
     U.S.C. 460l-12 et seq.).
       (B) Reclamation land.--
       (i) Submission of request to retain administrative 
     jurisdiction.--If, before the date that is 1 year after the 
     date of enactment of this Act, the Commissioner of 
     Reclamation submits to the Secretary a request for the 
     Commissioner of Reclamation to retain administrative 
     jurisdiction over the minimum quantity of land within the 
     land identified on the map as ``Lands withdrawn or acquired 
     for Bureau of Reclamation projects'' that the Commissioner of 
     Reclamation identifies as necessary for the effective 
     operation of Bureau of Reclamation water facilities, the 
     Secretary may--

       (I) approve, approve with modifications, or disapprove the 
     request; and
       (II) if the request is approved under subclause (I), make 
     any modifications to the map that are necessary to reflect 
     that the Commissioner of Reclamation retains management 
     authority over the minimum quantity of land required to 
     fulfill the reclamation mission.

       (ii) Transfer of land.--

       (I) In general.--Administrative jurisdiction over the land 
     identified on the map as ``Lands withdrawn or acquired for 
     Bureau of Reclamation projects'', as modified pursuant to 
     clause (i)(II), if applicable, shall be transferred from the 
     Commissioner of Reclamation to the Director of the National 
     Park Service by not later than the date that is 1 year after 
     the date of enactment of this Act.
       (II) Access to transferred land.--

       (aa) In general.--Subject to item (bb), the Commissioner of 
     Reclamation shall retain access to the land transferred to 
     the Director of the National Park Service under subclause (I) 
     for reclamation purposes, including for the operation, 
     maintenance, and expansion or replacement of facilities.
       (bb) Memorandum of understanding.--The terms of the access 
     authorized under item (aa) shall be determined by a 
     memorandum of understanding entered into between the 
     Commissioner of Reclamation and the Director of the National 
     Park Service not later than 1 year after the date of 
     enactment of this Act.
       (3) Management agreements.--
       (A) In general.--The Secretary may enter into management 
     agreements, or modify management agreements in existence on 
     the date of enactment of this Act, relating to the authority 
     of the Director of the National Park Service, the 
     Commissioner of Reclamation, the Director of the Bureau of 
     Land Management, or the Chief of the Forest Service to manage 
     Federal land within or adjacent to the boundary of the 
     National Recreation Area.
       (B) State land.--The Secretary may enter into cooperative 
     management agreements for any land administered by the State 
     that is within or adjacent to the National Recreation Area, 
     in accordance with the cooperative management authority under 
     section 101703 of title 54, United States Code.
       (4) Recreational activities.--
       (A) Authorization.--Except as provided in subparagraph (B), 
     the Secretary shall allow boating, boating-related 
     activities, hunting, and fishing in the National Recreation 
     Area in accordance with applicable Federal and State laws.
       (B) Closures; designated zones.--
       (i) In general.--The Secretary, acting through the 
     Superintendent of the National Recreation Area, may designate 
     zones in which, and establish periods during which, no 
     boating, hunting, or fishing shall be permitted in the 
     National Recreation Area under subparagraph (A) for reasons 
     of public safety, administration, or compliance with 
     applicable laws.
       (ii) Consultation required.--Except in the case of an 
     emergency, any closure proposed by the Secretary under clause 
     (i) shall not take effect until after the date on which the 
     Superintendent of the National Recreation Area consults 
     with--

       (I) the appropriate State agency responsible for hunting 
     and fishing activities; and
       (II) the Board of County Commissioners in each county in 
     which the zone is proposed to be designated.

       (5) Landowner assistance.--On the written request of an 
     individual that owns private land located not more than 3 
     miles from the boundary of the National Recreation Area, the 
     Secretary may work in partnership with the individual to 
     enhance the long-term conservation of natural, cultural, 
     recreational, and scenic resources in and around the National 
     Recreation Area--
       (A) by acquiring all or a portion of the private land or 
     interests in private land located not more than 3 miles from 
     the boundary of the National Recreation Area by purchase, 
     exchange, or donation, in accordance with section 30403;
       (B) by providing technical assistance to the individual, 
     including cooperative assistance;
       (C) through available grant programs; and
       (D) by supporting conservation easement opportunities.
       (6) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the National Recreation Area is withdrawn 
     from--
       (A) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (7) Grazing.--
       (A) State land subject to state grazing lease.--
       (i) In general.--If State land acquired under this subtitle 
     is subject to a State grazing lease in effect on the date of 
     acquisition, the Secretary shall allow the grazing to 
     continue for the remainder of the term of the lease, subject 
     to the related terms and conditions of user agreements, 
     including permitted stocking rates, grazing fee levels, 
     access rights, and ownership and use of range improvements.
       (ii) Access.--A lessee of State land may continue use of 
     established routes within the National Recreation Area to 
     access State land for purposes of administering the lease if 
     the use was permitted before the date of enactment of this 
     Act, subject to such terms and conditions as the Secretary 
     may require.
       (B) State and private land.--The Secretary may, in 
     accordance with applicable laws, authorize grazing on land 
     acquired from the State or private landowners under section 
     30403, if grazing was established before the date of 
     acquisition.
       (C) Private land.--On private land acquired under section 
     30403 for the National Recreation Area on which authorized 
     grazing is occurring before the date of enactment of this 
     Act, the Secretary, in consultation with the lessee, may 
     allow the continuation and renewal of grazing on the land 
     based on the terms of acquisition or by agreement between the 
     Secretary and the lessee, subject to applicable law 
     (including regulations).
       (D) Federal land.--The Secretary shall--
       (i) allow, consistent with the grazing leases, uses, and 
     practices in effect as of the date of enactment of this Act, 
     the continuation and renewal of grazing on Federal land 
     located within the boundary of the National Recreation Area 
     on which grazing is allowed before the date of enactment of 
     this Act, unless the Secretary determines that grazing on the 
     Federal land would present unacceptable impacts (as defined 
     in section 1.4.7.1 of the National Park Service document 
     entitled ``Management Policies 2006: The Guide to Managing 
     the National Park System'') to the natural, cultural, 
     recreational, and scenic resource values and the character of 
     the land within the National Recreation Area; and
       (ii) retain all authorities to manage grazing in the 
     National Recreation Area.
       (E) Termination of leases.--Within the National Recreation 
     Area, the Secretary may--
       (i) accept the voluntary termination of a lease or permit 
     for grazing; or
       (ii) in the case of a lease or permit vacated for a period 
     of 3 or more years, terminate the lease or permit.
       (8) Water rights.--Nothing in this subtitle--
       (A) affects any use or allocation in existence on the date 
     of enactment of this Act of any water, water right, or 
     interest in water;
       (B) affects any vested absolute or decreed conditional 
     water right in existence on the date of enactment of this 
     Act, including any water right held by the United States;
       (C) affects any interstate water compact in existence on 
     the date of enactment of this Act;

[[Page S3255]]

       (D) authorizes or imposes any new reserved Federal water 
     right;
       (E) shall be considered to be a relinquishment or reduction 
     of any water right reserved or appropriated by the United 
     States in the State on or before the date of enactment of 
     this Act; or
       (F) constitutes an express or implied reservation by the 
     United States of any water or water right with respect to the 
     National Recreation Area.
       (9) Fishing easements.--
       (A) In general.--Nothing in this subtitle diminishes or 
     alters the fish and wildlife program for the Aspinall Unit 
     developed under section 8 of the Act of April 11, 1956 
     (commonly known as the ``Colorado River Storage Project 
     Act'') (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the 
     United States Fish and Wildlife Service, the Bureau of 
     Reclamation, and the Colorado Division of Wildlife (including 
     any successor in interest to that division) that provides for 
     the acquisition of public access fishing easements as 
     mitigation for the Aspinall Unit (referred to in this 
     paragraph as the ``program'').
       (B) Acquisition of fishing easements.--The Secretary shall 
     continue to fulfill the obligation of the Secretary under the 
     program to acquire 26 miles of class 1 public fishing 
     easements to provide to sportsmen access for fishing within 
     the Upper Gunnison Basin upstream of the Aspinall Unit, 
     subject to the condition that no existing fishing access 
     downstream of the Aspinall Unit shall be counted toward the 
     minimum mileage requirement under the program.
       (C) Plan.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall--
       (i) develop a plan for fulfilling the obligation of the 
     Secretary described in subparagraph (B); and
       (ii) submit to Congress a report that--

       (I) includes the plan developed under clause (i); and
       (II) describes any progress made in the acquisition of 
     public access fishing easements as mitigation for the 
     Aspinall Unit under the program.

     SEC. 30403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.

       (a) Acquisition.--
       (1) In general.--The Secretary may acquire any land or 
     interest in land within the boundary of the National 
     Recreation Area.
       (2) Manner of acquisition.--
       (A) In general.--Subject to subparagraph (B), land 
     described in paragraph (1) may be acquired under this 
     subsection by--
       (i) donation;
       (ii) purchase from willing sellers with donated or 
     appropriated funds;
       (iii) transfer from another Federal agency; or
       (iv) exchange.
       (B) State land.--Land or interests in land owned by the 
     State or a political subdivision of the State may only be 
     acquired by purchase, donation, or exchange.
       (b) Transfer of Administrative Jurisdiction.--
       (1) Forest service land.--
       (A) In general.--Administrative jurisdiction over the 
     approximately 2,560 acres of land identified on the map as 
     ``U.S. Forest Service proposed transfer to the National Park 
     Service'' is transferred to the Secretary, to be administered 
     by the Director of the National Park Service as part of the 
     National Recreation Area.
       (B) Boundary adjustment.--The boundary of the Gunnison 
     National Forest shall be adjusted to exclude the land 
     transferred to the Secretary under subparagraph (A).
       (2) Bureau of land management land.--Administrative 
     jurisdiction over the approximately 5,040 acres of land 
     identified on the map as ``Bureau of Land Management proposed 
     transfer to National Park Service'' is transferred from the 
     Director of the Bureau of Land Management to the Director of 
     the National Park Service, to be administered as part of the 
     National Recreation Area.
       (3) Withdrawal.--Administrative jurisdiction over the land 
     identified on the map as ``Proposed for transfer to the 
     Bureau of Land Management, subject to the revocation of 
     Bureau of Reclamation withdrawal'' shall be transferred to 
     the Director of the Bureau of Land Management on 
     relinquishment of the land by the Bureau of Reclamation and 
     revocation by the Bureau of Land Management of any withdrawal 
     as may be necessary.
       (c) Potential Land Exchange.--
       (1) In general.--The withdrawal for reclamation purposes of 
     the land identified on the map as ``Potential exchange 
     lands'' shall be relinquished by the Commissioner of 
     Reclamation and revoked by the Director of the Bureau of Land 
     Management and the land shall be transferred to the National 
     Park Service.
       (2) Exchange; inclusion in national recreation area.--On 
     transfer of the land described in paragraph (1), the 
     transferred land--
       (A) may be exchanged by the Secretary for private land 
     described in section 30402(c)(5)--
       (i) subject to a conservation easement remaining on the 
     transferred land, to protect the scenic resources of the 
     transferred land; and
       (ii) in accordance with the laws (including regulations) 
     and policies governing National Park Service land exchanges; 
     and
       (B) if not exchanged under subparagraph (A), shall be added 
     to, and managed as a part of, the National Recreation Area.
       (d) Addition to National Recreation Area.--Any land within 
     the boundary of the National Recreation Area that is acquired 
     by the United States shall be added to, and managed as a part 
     of, the National Recreation Area.

     SEC. 30404. GENERAL MANAGEMENT PLAN.

       Not later than 3 years after the date on which funds are 
     made available to carry out this subtitle, the Director of 
     the National Park Service, in consultation with the 
     Commissioner of Reclamation, shall prepare a general 
     management plan for the National Recreation Area in 
     accordance with section 100502 of title 54, United States 
     Code.

     SEC. 30405. BOUNDARY SURVEY.

       The Secretary (acting through the Director of the National 
     Park Service) shall prepare a boundary survey and legal 
     description of the National Recreation Area.
                                 ______
                                 
  SA 1742. Mr. BENNET (for himself and Mr. Gardner) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 3___. PAYMENTS TO STATES FOR THE TREATMENT OF 
                   PERFLUOROOCTANE SULFONIC ACID AND 
                   PERFLUOROOCTANOIC ACID IN DRINKING WATER.

       (a) In General.--The Secretary of the Air Force shall pay a 
     local water authority located in the vicinity of an 
     installation of the Air Force, or a State in which the local 
     water authority is located, for the treatment of 
     perfluorooctane sulfonic acid and perfluorooctanoic acid in 
     drinking water from the wells owned and operated by the local 
     water authority to attain the lifetime health advisory level 
     for such acids established by the Environmental Protection 
     Agency and in effect on October 1, 2017.
       (b) Eligibility for Payment.--To be eligible to receive 
     payment under subsection (a)--
       (1) a local water authority or State, as the case may be, 
     must--
       (A) request such a payment from the Secretary of the Air 
     Force for reimbursable expenses not already covered under a 
     cooperative agreement entered into by the Secretary relating 
     to treatment of perfluorooctane sulfonic acid and 
     perfluorooctanoic acid contamination before the date on which 
     funding is made available to the Secretary for payments 
     relating to such treatment; and
       (B) upon acceptance of such a payment, waive all legal 
     causes of action arising under chapter 171 of title 28, 
     United States Code (commonly known as the ``Federal Tort 
     Claims Act''), and any other Federal tort liability statute 
     for expenses for treatment and mitigation of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid incurred before 
     January 1, 2018, and otherwise covered under this section;
       (2) the elevated levels of perfluorooctane sulfonic acid 
     and perfluorooctanoic acid in the water must be the result of 
     activities 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 1743. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal

[[Page S3256]]

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. ___. 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 the 
     Congress a report detailing the mission need and efficacy of 
     full disk encryption across Non-classified Internet Protocol 
     Router Network (NIPRNet) and Secretary Internet Protocol 
     Router Network (SIPRNet) endpoint computer systems. Such 
     report shall cover matters relating to cost, mission impact, 
     and implementation timeline.
                                 ______
                                 
  SA 1744. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 724. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN 
                   MEDICAL TRAINING.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2017. Use of human-based methods for certain medical 
       training

       ``(a) Combat Trauma Injuries.--(1) Not later than October 
     1, 2023, the Secretary of Defense shall develop, test, and 
     validate human-based training methods for the purpose of 
     training members of the armed forces in the treatment of 
     combat trauma injuries with the goal of replacing live 
     animal-based training methods.
       ``(2) Not later than October 1, 2025, the Secretary--
       ``(A) shall only use human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries; and
       ``(B) may not use animals for such purpose.
       ``(b) Exception for Particular Commands and Training 
     Methods.--(1) The Secretary may exempt a particular command, 
     particular training method, or both, from the requirement for 
     human-based training methods under subsection (a)(2) if the 
     Secretary determines that human-based training methods will 
     not provide an educationally equivalent or superior 
     substitute for live animal-based training methods for such 
     command or training method, as the case may be.
       ``(2) Any exemption under this subsection shall be for such 
     period, not more than one year, as the Secretary shall 
     specify in granting the exemption. Any exemption may be 
     renewed (subject to the preceding sentence).
       ``(c) Annual Reports.--(1) Not later than October 1, 2021, 
     and each year thereafter, the Secretary shall submit to the 
     congressional defense committees a report on the development 
     and implementation of human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries under this section.
       ``(2) Each report under this subsection on or after October 
     1, 2025, shall include a description of any exemption under 
     subsection (b) that is in force at the time of such report, 
     and a current justification for such exemption.
       ``(d) Definitions.--In this section:
       ``(1) The term `combat trauma injuries' means severe 
     injuries likely to occur during combat, including--
       ``(A) hemorrhage;
       ``(B) tension pneumothorax;
       ``(C) amputation resulting from blast injury;
       ``(D) compromises to the airway; and
       ``(E) other injuries.
       ``(2) The term `human-based training methods' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       ``(A) simulators;
       ``(B) partial task trainers;
       ``(C) moulage;
       ``(D) simulated combat environments;
       ``(E) human cadavers; and
       ``(F) rotations in civilian and military trauma centers.
       ``(3) The term `partial task trainers' means training aids 
     that allow individuals to learn or practice specific medical 
     procedures.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by adding 
     at the end the following new item:

``2017. Use of human-based methods for certain medical training.''.
                                 ______
                                 
  SA 1745. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 520. REPEAL OF MILITARY SELECTIVE SERVICE ACT.

       (a) Repeal.--The Military Selective Service Act (50 U.S.C. 
     3801 et seq.) is repealed.
       (b) Transfers in Connection With Repeal.--Notwithstanding 
     the proviso in section 10(a)(4) of the Military Selective 
     Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective 
     Service Records shall not be reestablished upon the repeal of 
     the Act. Not later than 180 days after the date of the 
     enactment of this Act, the assets, contracts, property, and 
     records held by the Selective Service System, and the 
     unexpended balances of any appropriations available to the 
     Selective Service System, shall be transferred to the 
     Administrator of General Services upon the repeal of the Act. 
     The Director of the Office of Personnel Management shall 
     assist officers and employees of the Selective Service System 
     to transfer to other positions in the executive branch.
       (c) Effect on Existing Sanctions.--
       (1) Notwithstanding any other provision of law, a person 
     may not be denied a right, privilege, benefit, or employment 
     position under Federal law on the grounds that the person 
     failed to present himself for and submit to registration 
     under section 3 of the Military Selective Service Act (50 
     U.S.C. 3802), before the repeal of that Act by subsection 
     (a).
       (2) A State, political subdivision of a State, or political 
     authority of two or more States may not enact or enforce a 
     law, regulation, or other provision having the force and 
     effect of law to penalize or deny any privilege or benefit to 
     a person who failed to present himself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a). In this section, ``State'' means a State, 
     the District of Columbia, and a territory or possession of 
     the United States.
       (3) Failing to present oneself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a), shall not be reason for any entity of the 
     U.S. Government to determine that a person lacks good moral 
     character or is unsuited for any privilege or benefit.
       (d) Conscientious Objectors.--Nothing contained in this Act 
     shall be construed to undermine or diminish the rights of 
     conscientious objectors under laws and regulations of the 
     United States.
                                 ______
                                 
  SA 1746. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 3167.
                                 ______
                                 
  SA 1747. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle D of title V, add the 
     following:

     SEC. ___. REBUTTABLE PRESUMPTION AGAINST LAWFULNESS OF ORDERS 
                   TO DEPLOY OR USE REGULAR MEMBERS OF THE ARMED 
                   FORCES TO SUPPRESS INDIVIDUALS PEACEABLY 
                   ASSEMBLED TO PETITION FOR A REDRESS OF 
                   GRIEVANCES.

       (a) In General.--There shall be a rebuttable presumption 
     that an order to deploy or use regular members of the Armed 
     Forces to suppress individuals peaceably assembled to 
     petition for a redress of grievances is not a lawful order 
     for purposes section 892 of title 10, United States Code 
     (article 92 of the Uniform Code of Military Justice), or any 
     other purposes in law.
       (b) Strict Scrutiny.--In evaluating arguments to rebut the 
     presumption in subsection (a) with respect to a particular 
     order described in that subsection, a court shall require the 
     arguments to rebut to advance compelling governmental 
     interests and be the least restrictive means of doing so.
                                 ______
                                 
  SA 1748. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle D of title V, add the 
     following:

[[Page S3257]]

  


     SEC. ___. CODIFICATION OF DEFENSE OF KNOWING UNLAWFULNESS TO 
                   OFFENSE OF FAILURE TO OBEY AN ORDER OR 
                   REGULATION UNDER THE UNIFORM CODE OF MILITARY 
                   JUSTICE.

       Section 892 of title 10, United States Code (article 92 of 
     the Uniform Code of Military Justice), is amended--
       (1) by inserting ``(a) In General.--'' before ``Any 
     person''; and
       (2) by adding at the end the following new subsection:
       ``(b) Obedience to Unlawful Orders.--It is a defense to an 
     offense under this section (article) that the accused knew 
     the order to be unlawful, or a person of ordinary sense and 
     understanding would have known the order to be unlawful.''.
                                 ______
                                 
  SA 1749. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XXVII, add the following:

     SEC. 2703. CONTINUATION OF CERTAIN REMEDIATION ACTIVITIES.

       (a) In General.--The Secretary of the Army may not suspend 
     remediation activities conducted at a location under a 
     settlement agreement pursuant to a base closure law 
     notwithstanding that--
       (1) the Secretary determines that the quantity and depth of 
     contamination at the location has exceeded original 
     estimates; and
       (2) such agreement expires in 2020.
       (b) Base Closure Law Defined.--In this section the term 
     ``base closure law'' has the meaning given that term in 
     section 101(a)(17) of title 10, United States Code.
                                 ______
                                 
  SA 1750. Mr. PETERS (for himself, Mr. Johnson, Mr. King, and Mr. 
Sasse) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONTINUITY OF THE ECONOMY PLAN.

       (a) Requirement.--
       (1) In general.--The President shall develop and maintain a 
     plan to maintain and restore the economy of the United States 
     in response to a significant event.
       (2) Principles.--The plan required under paragraph (1) 
     shall--
       (A) be consistent with--
       (i) a free market economy; and
       (ii) the rule of law; and
       (B) respect private property rights.
       (3) Contents.--The plan required under paragraph (1) 
     shall--
       (A) examine the distribution of goods and services across 
     the United States necessary for the reliable functioning of 
     the United States during a significant event;
       (B) identify the economic functions of relevant actors, the 
     disruption, corruption, or dysfunction of which would have a 
     debilitating effect in the United States on--
       (i) security;
       (ii) economic security;
       (iii) defense readiness; or
       (iv) public health or safety;
       (C) identify the critical distribution mechanisms for each 
     economic sector that should be prioritized for operation 
     during a significant event, including--
       (i) bulk power and electric transmission systems;
       (ii) national and international financial systems, 
     including wholesale payments, stocks, and currency exchanges;
       (iii) national and international communications networks, 
     data-hosting services, and cloud services;
       (iv) interstate oil and natural gas pipelines; and
       (v) mechanisms for the interstate and international trade 
     and distribution of materials, food, and medical supplies, 
     including road, rail, air, and maritime shipping;
       (D) identify economic functions of relevant actors, the 
     disruption, corruption, or dysfunction of which would cause--
       (i) catastrophic economic loss;
       (ii) the loss of public confidence; or
       (iii) the widespread imperilment of human life;
       (E) identify the economic functions of relevant actors that 
     are so vital to the economy of the United States that the 
     disruption, corruption, or dysfunction of those economic 
     functions would undermine response, recovery, or mobilization 
     efforts during a significant event;
       (F) incorporate, to the greatest extent practicable, the 
     principles and practices contained within Federal plans for 
     the continuity of Government and continuity of operations;
       (G) identify--
       (i) industrial control networks on which the interests of 
     national security outweigh the benefits of dependence on 
     internet connectivity, including networks that are required 
     to maintain defense readiness; and
       (ii) for each industrial control network described in 
     clause (i), the most feasible and optimal locations for the 
     installation of--

       (I) parallel services;
       (II) stand-alone analog services; and
       (III) services that are otherwise hardened against failure;

       (H) identify critical economic sectors for which the 
     preservation of data in a protected, verified, and 
     uncorrupted status would be required for the quick recovery 
     of the economy of the United States in the face of a 
     significant disruption following a significant event;
       (I) include a list of raw materials, industrial goods, and 
     other items, the absence of which would significantly 
     undermine the ability of the United States to sustain the 
     functions described in subparagraphs (B), (D), and (E);
       (J) provide an analysis of supply chain diversification for 
     the items described in subparagraph (I) in the event of a 
     disruption caused by a significant event;
       (K) include--
       (i) a recommendation as to whether the United States should 
     maintain a strategic reserve of 1 or more of the items 
     described in subparagraph (I); and
       (ii) for each item described in subparagraph (I) for which 
     the President recommends maintaining a strategic reserve 
     under clause (i), an identification of mechanisms for 
     tracking inventory and availability of the item in the 
     strategic reserve;
       (L) identify mechanisms in existence on the date of 
     enactment of this Act and mechanisms that can be developed to 
     ensure that the swift transport and delivery of the items 
     described in subparagraph (I) is feasible in the event of a 
     distribution network disturbance or degradation, including a 
     distribution network disturbance or degradation caused by a 
     significant event;
       (M) include guidance for determining the prioritization for 
     the distribution of the items described in subparagraph (I), 
     including distribution to States and Indian Tribes;
       (N) consider the advisability and feasibility of mechanisms 
     for extending the credit of the United States or providing 
     other financial support authorized by law to key participants 
     in the economy of the United States if the extension or 
     provision of other financial support--
       (i) is necessary to avoid severe economic degradation; or
       (ii) allows for the recovery from a significant event;
       (O) include guidance for determining categories of 
     employees that should be prioritized to continue to work in 
     order to sustain the functions described in subparagraphs 
     (B), (D), and (E) in the event that there are limitations on 
     the ability of individuals to travel to workplaces or to work 
     remotely, including considerations for defense readiness;
       (P) identify critical economic sectors necessary to provide 
     material and operational support to the defense of the United 
     States;
       (Q) determine whether the Secretary of Homeland Security, 
     the National Guard, and the Secretary of Defense have 
     adequate authority to assist the United States in a recovery 
     from a severe economic degradation caused by a significant 
     event;
       (R) review and assess the authority and capability of heads 
     of other agencies that the President determines necessary to 
     assist the United States in a recovery from a severe economic 
     degradation caused by a significant event; and
       (S) consider any other matter that would aid in protecting 
     and increasing the resilience of the economy of the United 
     States from a significant event.
       (b) Coordination.--In developing the plan required under 
     subsection (a)(1), the President shall--
       (1) receive advice from--
       (A) the Secretary of Homeland Security;
       (B) the Secretary of Defense; and
       (C) the head of any other agency that the President 
     determines necessary to complete the plan;
       (2) consult with economic sectors relating to critical 
     infrastructure through sector-coordinated councils, as 
     appropriate;
       (3) consult with relevant State, Tribal, and local 
     governments and organizations that represent those 
     governments; and
       (4) consult with any other non-Federal entity that the 
     President determines necessary to complete the plan.
       (c) Submission to Congress.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and not less frequently than every 3 
     years thereafter, the President shall submit the plan 
     required under subsection (a)(1) and the information 
     described in paragraph (2) to--
       (A) the majority and minority leaders of the Senate;
       (B) the Speaker and the minority leader of the House of 
     Representatives;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Armed Services of the House of 
     Representatives;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (F) Committee on Homeland Security of the House of 
     Representatives; and
       (G) any other committee of the Senate or the House of 
     Representatives that has jurisdiction over the subject of the 
     plan.

[[Page S3258]]

       (2) Additional information.--The information described in 
     this paragraph is--
       (A) any change to Federal law that would be necessary to 
     carry out the plan required under subsection (a)(1); and
       (B) any proposed changes to the funding levels provided in 
     appropriation Acts for the most recent fiscal year that can 
     be implemented in future appropriation Acts or additional 
     resources necessary to--
       (i) implement the plan required under subsection (a)(1); or
       (ii) maintain any program offices and personnel necessary 
     to--

       (I) maintain the plan required under subsection (a)(1) and 
     the plans described in subsection (a)(3)(F); and
       (II) conduct exercises, assessments, and updates to the 
     plans described in subclause (I) over time.

       (3) Budget of the president.--The President may include the 
     information described in paragraph (2)(B) in the budget 
     required to be submitted by the President under section 
     1105(a) of title 31, United States Code.
       (d) Definitions.--In this section:
       (1) The term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code.
       (2) The term ``economic sector'' means a sector of the 
     economy of the United States.
       (3) The term ``relevant actor'' means--
       (A) the Federal government;
       (B) a State, local, or Tribal government; or
       (C) the private sector.
       (4) The term ``significant event'' means an event that 
     causes severe degradation to economic activity in the United 
     States due to--
       (A) a cyber attack; or
       (B) another significant event that is natural or human-
     caused.
       (5) The term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States.
                                 ______
                                 
  SA 1751. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1643. PILOT PROGRAMS ON REMOTE PROVISION BY NATIONAL 
                   GUARD TO STATE GOVERNMENTS AND NATIONAL GUARDS 
                   OF OTHER STATES OF CYBERSECURITY TECHNICAL 
                   ASSISTANCE IN TRAINING, PREPARATION, AND 
                   RESPONSE TO CYBER INCIDENTS.

       (a) Pilot Programs Authorized.--The Secretary of the Army 
     and the Secretary of the Air Force may each, in coordination 
     with the Secretary of Homeland Security and in consultation 
     with the Chief of the National Guard Bureau, conduct a pilot 
     program to assess the feasibility and advisability of the 
     development of a capability within the National Guard through 
     which a National Guard of a State remotely provides State 
     governments and National Guards of other States (whether or 
     not in the same Armed Force as the providing National Guard) 
     with cybersecurity technical assistance in training, 
     preparation, and response to cyber incidents. If such 
     Secretary elects to conduct such a pilot program, such 
     Secretary shall be known as an ``administering Secretary'' 
     for purposes of this section, and any reference in this 
     section to ``the pilot program'' shall be treated as a 
     reference to the pilot program conducted by such Secretary.
       (b) Assessment Prior to Commencement.--For purposes of 
     evaluating existing platforms, technologies, and capabilities 
     under subsection (c), and for establishing eligibility and 
     participation requirements under subsection (d), for purposes 
     of the pilot program, an administering Secretary, in 
     consultation with the Chief of the National Guard Bureau, 
     shall, prior to commencing the pilot program--
       (1) conduct an assessment of--
       (A) existing cyber response capacities of the Army National 
     Guard or Air National Guard, as applicable, in each State; 
     and
       (B) any existing platform, technology, or capability of a 
     National Guard that provides the capability described in 
     subsection (a); and
       (2) determine whether a platform, technology, or capability 
     described in paragraph (1)(B) is suitable for expansion for 
     purposes of the pilot program.
       (c) Elements.--A pilot program under subsection (a) shall 
     include the following:
       (1) A technical capability that enables the National Guard 
     of a State to remotely provide cybersecurity technical 
     assistance to State governments and National Guards of other 
     States, without the need to deploy outside its home State.
       (2) Policies, processes, procedures, and authorities for 
     use of such a capability, including with respect to the 
     following:
       (A) The roles and responsibilities of both requesting and 
     deploying State governments and National Guards with respect 
     to such technical assistance, taking into account the matters 
     specified in subsection (f).
       (B) Necessary updates to the Defense Cyber Incident 
     Coordinating Procedure, or any other applicable Department of 
     Defense instruction, for purposes of implementing the 
     capability.
       (C) Program management and governance structures for 
     deployment and maintenance of the capability.
       (D) Security when performing remote support, including such 
     in matters such as authentication and remote sensing.
       (3) The conduct, in coordination with the Chief of the 
     National Guard Bureau and the Secretary of Homeland Security 
     and in consultation with the Director of the Federal Bureau 
     of Investigation, other Federal agencies, and appropriate 
     non-Federal entities, of at least one exercise to demonstrate 
     the capability, which exercise shall include the following:
       (A) Participation of not fewer than two State governments 
     and their National Guards.
       (B) Circumstances designed to test and validate the 
     policies, processes, procedures, and authorities developed 
     pursuant to paragraph (2).
       (C) An after action review of the exercise.
       (d) Use of Existing Technology.--An administering Secretary 
     may use an existing platform, technology, or capability to 
     provide the capability described in subsection (a) under the 
     pilot program.
       (e) Eligibility and Participation Requirements.--An 
     administering Secretary shall, in consultation with the Chief 
     of the National Guard Bureau, establish requirements with 
     respect to eligibility and participation of State governments 
     and their National Guards in the pilot program.
       (f) Construction With Certain Current Authorities.--
       (1) Command authorities.--Nothing in a pilot program under 
     subsection (a) may be construed as affecting or altering the 
     command authorities otherwise applicable to any unit of the 
     National Guard unit participating in the pilot program.
       (2) Emergency management assistance compact.--Nothing in a 
     pilot program may be construed as affecting or altering any 
     current agreement under the Emergency Management Assistance 
     Compact, or any other State agreements, or as determinative 
     of the future content of any such agreement.
       (g) Evaluation Metrics.--An administering Secretary shall, 
     in consultation with the Chief of the National Guard Bureau 
     and the Secretary of Homeland Security, establish metrics to 
     evaluate the effectiveness of the pilot program.
       (h) Term.--A pilot program under subsection (a) shall 
     terminate on the date that is three years after the date of 
     the commencement of the pilot program.
       (i) Reports.--
       (1) Initial report.--Not later than 180 days after the date 
     of the commencement of the pilot program, the administering 
     Secretary, in coordination with the Secretary of Homeland 
     Security, shall submit to the appropriate committees of 
     Congress a report setting forth a description of the pilot 
     program and such other matters in connection with the pilot 
     program as the Secretary considers appropriate.
       (2) Final report.--Not later than 180 days after the 
     termination of the pilot program, the administering 
     Secretary, in coordination with the Secretary of Homeland 
     Security, shall submit to the appropriate committees of 
     Congress a report on the pilot program. The report shall 
     include the following:
       (A) A description of the pilot program, including any 
     partnerships entered into by the Chief of the National Guard 
     Bureau under the pilot program.
       (B) A summary of the assessment performed prior to the 
     commencement of the pilot program in accordance with 
     subsection (b).
       (C) A summary of the evaluation metrics established in 
     accordance with subsection (g).
       (D) An assessment of the effectiveness of the pilot 
     program, and of the capability described in subsection (a) 
     under the pilot program.
       (E) A description of costs associated with the 
     implementation and conduct of the pilot program.
       (F) A recommendation as to the termination or extension of 
     the pilot program, or the making of the pilot program 
     permanent with an expansion nationwide.
       (G) An estimate of the costs of making the pilot program 
     permanent and expanding it nationwide in accordance with the 
     recommendation in subparagraph (F).
       (H) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     pilot program.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Homeland Security of the House of Representatives.
       (j) State Defined.--In this section, the term ``State'' 
     means each of the several States, the District of Columbia, 
     the Commonwealth of Puerto Rico, American Samoa, Guam, the 
     United States Virgin Islands, and the Commonwealth of the 
     Northern Mariana Islands.
                                 ______
                                 
  SA 1752. Mr. PETERS submitted an amendment intended to be proposed by

[[Page S3259]]

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

     SEC. 10__. REVIEW AND REPORT ON NONCONTAINERIZED CARGO 
                   STANDARDS.

       (a) Review.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a review of U.S. Customs and Border Protection 
     standards for screening incoming noncontainerized cargo that 
     identifies any differences that exist among field offices in 
     the implementation of such standards.
       (b) Report Required.--
       (1) In general.--Not later than 90 days after the 
     completion of the review under subsection (a), the Secretary 
     shall submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives containing 
     the findings of the review.
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, to the maximum extent 
     possible, but may include a classified annex, if necessary.
                                 ______
                                 
  SA 1753. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. REPORT ON GREAT LAKES AND INLAND WATERWAYS 
                   SEAPORTS.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives containing 
     the results of the review and an explanation of the 
     methodology used for the review conducted pursuant to 
     subsection (b) regarding the screening practices for foreign 
     cargo arriving at seaports on the Great Lakes and inland 
     waterways.
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, to the maximum extent 
     possible, but may include a classified annex, if necessary.
       (b) Scope of Review.--
       (1) Seaport selection.--In selecting seaports on inland 
     waterways to include in the review under this subsection, the 
     Secretary of Homeland Security shall ensure that the inland 
     waterways seaports are--
       (A) equal in number to the Great Lakes seaports included in 
     the review;
       (B) comparable to Great Lakes seaports included in the 
     review, as measured by number of imported shipments arriving 
     at the seaport each year; and
       (C) covered by at least the same number of Field Operations 
     offices as the Great Lakes seaports included in the review, 
     but are not covered by the same Field Operations offices as 
     such Great Lakes seaports.
       (2) Elements.--The Secretary of Homeland Security shall 
     conduct a review of all Great Lakes and selected inland 
     waterways seaports that receive international cargo--
       (A) to determine, for each such seaport--
       (i) the current screening capability, including the types 
     and numbers of screening equipment and whether such equipment 
     is physically located at a seaport or assigned and available 
     in the area and made available to use;
       (ii) the number of U.S. Customs and Border Protection 
     personnel assigned from a Field Operations office, broken out 
     by role;
       (iii) the expenditures for procurement and overtime 
     incurred by U.S. Customs and Border Protection during the 
     most recent fiscal year;
       (iv) the types of cargo received, such as containerized, 
     break-bulk, and bulk;
       (v) the legal entity that owns the seaport;
       (vi) a description of U.S. Customs and Border Protection's 
     use of space at the seaport, including--

       (I) whether U.S. Customs and Border Protection or the 
     General Services Administration owns or leases any 
     facilities; and
       (II) if U.S. Customs and Border Protection is provided 
     space at the seaport, a description of such space, including 
     the number of workstations; and

       (vii) the current cost-sharing arrangement for screening 
     technology or reimbursable services;
       (B) to identify, for each Field Operations office--
       (i) any ports of entry that are staffed remotely from 
     service ports;
       (ii) the distance of each such service port from the 
     corresponding ports of entry; and
       (iii) the number of officers and the types of equipment 
     U.S. Customs and Border Protection utilizes to screen cargo 
     entering or exiting through such ports; and
       (C) that includes a threat assessment of incoming 
     containerized and noncontainerized cargo at Great Lakes 
     seaports and selected inland waterways seaports.
                                 ______
                                 
  SA 1754. Mrs. GILLIBRAND (for herself, Mr. Schumer, and Ms. 
Duckworth) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3__. MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE 
                   OF PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL 
                   SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.

       (a) In General.--On and after the date of the enactment of 
     this Act, the Secretary of Defense shall prohibit the 
     incineration of materials containing perfluoroalkyl 
     substances, polyfluoroalkyl substances, or aqueous film 
     forming foam until final guidance has been published by the 
     Secretary--
       (1) implementing, for the Department of Defense, the 
     interim guidance published by the Administrator of the 
     Environmental Protection Agency under section 7361 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92); or
       (2) that is consistent with such interim guidance.
       (b) Written Assurance of Compliance.--After the publication 
     of final guidance by the Secretary as described in subsection 
     (a), the Secretary shall require any owner or operator of an 
     incinerator accepting from the Department materials 
     containing perfluoroalkyl substances, polyfluoroalkyl 
     substances, or aqueous film forming foam for incineration to 
     provide to the Secretary a written assurance that it can 
     fully comply with the requirements of section 330 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92) before accepting any such materials.
       (c) Report.--Not later than one year after the publication 
     of final guidance by the Secretary as described in subsection 
     (a), and annually thereafter, the Secretary shall submit to 
     the Administrator of the Environmental Protection Agency a 
     report on all incineration by the Department of materials 
     containing perfluoroalkyl substances, polyfluoroalkyl 
     substances, or aqueous film forming foam during the year 
     covered by the report, including--
       (1) the total amount of such materials incinerated; and
       (2) the temperature range at which such materials were 
     incinerated.
                                 ______
                                 
  SA 1755. Mrs. GILLIBRAND (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 520. NONDISCRIMINATION WITH RESPECT TO SERVICE IN THE 
                   ARMED FORCES.

       (a) In General.--Chapter 37 of title 10, United States 
     Code, is amended by inserting after section 651 the following 
     new section:

     ``Sec. 651a. Members: nondiscrimination

       ``(a) Standards for Eligibility for Service.--Any 
     qualifications established or applied for eligibility for 
     service in an armed force shall take into account only the 
     ability of an individual to meet occupational standards for 
     military service generally and the military occupational 
     specialty concerned in particular, and may not include any 
     criteria relating to the race, color, national origin, 
     religion, or sex (including gender identity or sexual 
     orientation) of an individual.
       ``(b) Equality of Treatment in Service.--Any personnel 
     policy developed or implemented by the Department of Defense 
     with respect to members of the armed forces shall ensure 
     equality of treatment and opportunity for all persons in the 
     armed forces, without regard to race, color, national origin, 
     religion, and sex (including gender identity and sexual 
     orientation).
       ``(c) Gender Identity Defined.--In this section, the term 
     `gender identity' means the gender-related identity, 
     appearance, mannerisms, or other gender-related 
     characteristics of an individual, regardless of the 
     individual's designated sex at birth.
       ``(d) Rule of Construction.--Nothing in the section 
     relieves a member from meeting applicable military and 
     medical standards, including deployability, or requires 
     retention of the member in service if the member fails to 
     meet such standards.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 37 of such title is amended by inserting 
     after the item relating to section 651 the following new 
     item:

``651a. Members: nondiscrimination.''.

[[Page S3260]]

  

                                 ______
                                 
  SA 1756. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title X, insert the following

     SEC. ____. EXPANSION OF OPEN BURN PIT REGISTRY OF DEPARTMENT 
                   OF VETERANS AFFAIRS TO INCLUDE OPEN BURN PITS 
                   USED IN SYRIA AND EGYPT.

       Section 201(c)(2) of the Dignified Burial and Other 
     Veterans' Benefits Improvement Act of 2012 (Public Law 112-
     260; 38 U.S.C. 527 note) is amended, in the matter preceding 
     subparagraph (A), by striking ``or Iraq'' and inserting ``, 
     Iraq, Syria, or Egypt''.
                                 ______
                                 
  SA 1757. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. CONCURRENT RECEIPT OF VOLUNTARY SEPARATION PAY AND 
                   VETERANS DISABILITY COMPENSATION.

       (a)  Voluntary Incentive Pay for Transfer to the 
     Reserves.--Section 1175(e)(4) of title 10, United States 
     Code, is amended by striking ``, but there shall be 
     deducted'' and all that follows through the end of the 
     paragraph and inserting a period.
       (b) Voluntary Separation Pay.--Section 1175a(h) of title 
     10, United States Code, is amended--
       (1) in the subsection heading, by striking ``and Disability 
     Compensation''; and
       (2) in paragraph (2)--
       (A) by striking ``(A) Except as provided in subparagraphs 
     (B) and (C), a member'' and inserting ``A member'';
       (B) by striking ``, but there shall be'' and all that 
     follows through ``Internal Revenue Code of 1986)''; and
       (C) by striking subparagraphs (B) and (C).
       (c) Coordination With Concurrent Receipt Limitation.--
     Section 5304(a) of title 38, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(3) Paragraph (1) of this subsection does not apply to an 
     award of voluntary separation incentive pay under section 
     1175 of title 10 or voluntary separation pay under section 
     1175a of that title.''.
                                 ______
                                 
  SA 1758. Mrs. BLACKBURN (for herself, Mr. Menendez, Mr. Scott of 
Florida, and Mr. Wyden) submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:

     SEC. ___. OPEN TECHNOLOGY FUND.

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

     ``SEC. 309A. OPEN TECHNOLOGY FUND.

       ``(a) Authority.--
       ``(1) Establishment.--There is established a grantee 
     entity, to be known as the `Open Technology Fund', which 
     shall carry out this section.
       ``(2) In general.--Grants authorized under section 305 
     shall be available to award annual grants to the Open 
     Technology fund for the purpose of--
       ``(A) promoting, consistent with United States law, 
     unrestricted access to uncensored sources of information via 
     the internet; and
       ``(B) enabling journalists, including journalists employed 
     by or affiliated with the Voice of America, Radio Free 
     Europe/Radio Liberty, Radio Free Asia, the Middle East 
     Broadcasting Networks, the Office of Cuba Broadcasting, or 
     any entity funded by or partnering with the United States 
     Agency for Global Media to create and disseminate news and 
     information consistent with the purposes, standards, and 
     principles specified in sections 302 and 303.
       ``(b) Use of Grant Funds.--The Open Technology Fund shall 
     use grant funds received pursuant to subsection (a)(2)--
       ``(1) to advance freedom of the press and unrestricted 
     access to the internet in repressive environments oversees;
       ``(2) to research, develop, implement, and maintain--
       ``(A) technologies that circumvent techniques used by 
     authoritarian governments, nonstate actors, and others to 
     block or censor access to the internet, including 
     circumvention tools that bypass internet blocking, filtering, 
     and other censorship techniques used to limit or block 
     legitimate access to content and information; and
       ``(B) secure communication tools and other forms of privacy 
     and security technology that facilitate the creation and 
     distribution of news and enable audiences to access media 
     content on censored websites;
       ``(3) to advance internet freedom by supporting private and 
     public sector research, development, implementation, and 
     maintenance of technologies that provide secure and 
     uncensored access to the internet to counter attempts by 
     authoritarian governments, nonstate actors, and others to 
     improperly restrict freedom online;
       ``(4) to research and analyze emerging technical threats 
     and develop innovative solutions through collaboration with 
     the private and public sectors to maintain the technological 
     advantage of the United States Government over authoritarian 
     governments, nonstate actors, and others;
       ``(5) to develop, acquire, and distribute requisite 
     internet freedom technologies and techniques for the United 
     States Agency for Global Media, in accordance with paragraph 
     (2), and digital security interventions, to fully enable the 
     creation and distribution of digital content between and to 
     all users and regional audiences;
       ``(6) to prioritize programs for countries, the governments 
     of which restrict freedom of expression on the internet, that 
     are important to the national interest of the United States 
     in accordance with section 7050(b)(2)(C) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2020 (division G of Public Law 116-94); 
     and
       ``(7) to carry out any other effort consistent with the 
     purposes of this Act or press freedom overseas if requested 
     or approved by the United States Agency for Global Media.
       ``(c) Methodology.--In carrying out subsection (b), the 
     Open Technology Fund shall--
       ``(1)(A) support fully open-source tools, code, and 
     components, to the extent practicable, to ensure such 
     supported tools and technologies are as secure, transparent, 
     and accessible as possible; and
       ``(B) require that any such tools, components, code, or 
     technology supported by the Open Technology Fund remain fully 
     open-source, to the extent practicable;
       ``(2) support technologies that undergo comprehensive 
     security audits to ensure that such technologies are secure 
     and have not been compromised in a manner detrimental to the 
     interests of the United States or to individuals or 
     organizations benefitting from programs supported by the Open 
     Technology Fund;
       ``(3) review and periodically update, as necessary, 
     security auditing procedures used by the Open Technology Fund 
     to reflect current industry security standards;
       ``(4) establish safeguards to mitigate the use of such 
     supported technologies for illicit purposes;
       ``(5) solicit project proposals through an open, 
     transparent, and competitive application process to attract 
     innovative applications and reduce barriers to entry;
       ``(6)(A) seek input from technical, regional, and subject 
     matter experts from a wide range of relevant disciplines; and
       ``(B) to review, provide feedback, and evaluate proposals 
     to ensure that the most competitive projects are funded;

[[Page S3261]]

       ``(7) implement an independent review process, through 
     which proposals are reviewed by such experts to ensure the 
     highest degree of technical review and due diligence;
       ``(8) maximize cooperation with the public and private 
     sectors, foreign allies, and partner countries to maximize 
     efficiencies and eliminate duplication of efforts; and
       ``(9) utilize any other methodology approved by the United 
     States Agency for Global Media in furtherance of the mission 
     of the Open Technology Fund.
       ``(d) Grant Agreement.--Any grant agreement with, or grants 
     made to, the Open Technology Fund under this section shall be 
     subject to the following limitations and restrictions:
       ``(1) The headquarters of the Open Technology Fund and its 
     senior administrative and managerial staff shall be located 
     in a location which ensures economy, operational 
     effectiveness, and accountability to the United States Agency 
     for Global Media.
       ``(2) Grants awarded under this section shall be made 
     pursuant to a grant agreement requiring that--
       ``(A) grant funds are only used only activities consistent 
     with this section; and
       ``(B) failure to comply with such requirement shall result 
     in termination of the grant without further fiscal obligation 
     to the United States.
       ``(3) Each grant agreement under this section shall require 
     that each contract entered into by the Open Technology Fund 
     specify that all obligations are assumed by the grantee and 
     not by the United States Government.
       ``(4) Each grant agreement under this section shall require 
     that any lease agreements entered into by the Open Technology 
     Fund shall be, to the maximum extent possible, assignable to 
     the United States Government.
       ``(5) Administrative and managerial costs for operation of 
     the Open Technology Fund--
       ``(A) should be kept to a minimum; and
       ``(B) to the maximum extent feasible, should not exceed the 
     costs that would have been incurred if the Open Technology 
     Fund had been operated as a Federal entity rather than as a 
     grantee.
       ``(6) Grant funds may not be used for any activity whose 
     purpose is influencing the passage or defeat of legislation 
     considered by Congress.
       ``(e) Relationship to the United States Agency for Global 
     Media.--
       ``(1) In general.--The Open Technology Fund shall be 
     subject to the oversight and governance by the United States 
     Agency for Global Media in accordance with section 305.
       ``(2) Assistance.--The United States Agency for Global 
     Media, its broadcast entities, and the Open Technology Fund 
     should render such assistance to each other as may be 
     necessary to carry out the purposes of this section or any 
     other provision under this Act.
       ``(3) Not a federal agency or instrumentality.--Nothing in 
     this section may be construed to make the Open Technology 
     Fund an agency or instrumentality of the Federal Government.
       ``(4) Detailees.--Employees of a grantee of the United 
     States Agency for Global Media may be detailed to the Agency, 
     in accordance with the Intergovernmental Personnel Act of 
     1970 (42 U.S.C. 4701 et seq.) and Federal employees may be 
     detailed to a grantee of the United States Agency for Global 
     Media, in accordance with such Act.
       ``(f) Relationship to Other United States Government-funded 
     Internet Freedom Programs.--The United States Agency for 
     Global Media shall ensure that internet freedom research and 
     development projects of the Open Technology Fund are 
     deconflicted with internet freedom programs of the Department 
     of State and other relevant United States Government 
     departments. Agencies should still share information and best 
     practices relating to the implementation of subsections (b) 
     and (c).
       ``(g) Reporting Requirements.--
       ``(1) Annual report.--The Open Technology Fund shall 
     highlight, in its annual report, internet freedom activities, 
     including a comprehensive assessment of the Open Technology 
     Fund's activities relating to the implementation of 
     subsections (b) and (c), which shall include--
       ``(A) an assessment of the current state of global internet 
     freedom, including--
       ``(i) trends in censorship and surveillance technologies 
     and internet shutdowns; and
       ``(ii) the threats such pose to journalists, citizens, and 
     human rights and civil society organizations; and
       ``(B) a description of the technology projects supported by 
     the Open Technology Fund and the associated impact of such 
     projects in the most recently completed year, including--
       ``(i) the countries and regions in which such technologies 
     were deployed;
       ``(ii) any associated metrics indicating audience usage of 
     such technologies; and
       ``(iii) future-year technology project initiatives.
       ``(2) Assessment of the effectiveness of the open 
     technology fund.--Not later than 2 years after the date of 
     the enactment of this section, the Inspector General of the 
     Department of State and the Foreign Service shall submit a 
     report to the appropriate congressional committees that 
     indicates--
       ``(A) whether the Open Technology Fund is--
       ``(i) technically sound;
       ``(ii) cost effective; and
       ``(iii) satisfying the requirements under this section; and
       ``(B) the extent to which the interests of the United 
     States are being served by maintaining the work of the Open 
     Technology Fund.
       ``(h) Audit Authorities.--
       ``(1) In general.--Financial transactions of the Open 
     Technology Fund that relate to functions carried out under 
     this section may be audited by the Government Accountability 
     Office in accordance with such principles and procedures and 
     under such rules and regulations as may be prescribed by the 
     Comptroller General of the United States. Any such audit 
     shall be conducted at the place or places at which accounts 
     of the Open Technology Fund are normally kept.
       ``(2) Access by gao.--The Government Accountability Office 
     shall have access to all books, accounts, records, reports, 
     files, papers, and property belonging to or in use by the 
     Open Technology Fund pertaining to financial transactions as 
     may be necessary to facilitate an audit. The Government 
     Accountability Office shall be afforded full facilities for 
     verifying transactions with any assets held by depositories, 
     fiscal agents, and custodians. All such books, accounts, 
     records, reports, files, papers, and property of the Open 
     Technology Fund shall remain in the possession and custody of 
     the Open Technology Fund.
       ``(3) Exercise of authorities.--Notwithstanding any other 
     provision of law, the Inspector General of the Department of 
     State and the Foreign Service is authorized to exercise the 
     authorities of the Inspector General Act of 1978 with respect 
     to the Open Technology Fund.''.
       (2) Conforming amendments.--The United States International 
     Broadcasting Act of 1994 is amended--
       (A) in section 304(d) (22 U.S.C. 6203(d)), by inserting 
     ``the Open Technology Fund,'' before ``the Middle East 
     Broadcasting Networks'';
       (B) in sections 305(a)(20) and 310(c) (22 U.S.C. 
     6204(a)(20) and 6209(c)), by inserting ``the Open Technology 
     Fund,'' before ``or the Middle East Broadcasting Networks'' 
     each place such term appears; and
       (C) in section 310 (22 U.S.C. 6209), by inserting ``the 
     Open Technology Fund,'' before ``and the Middle East 
     Broadcasting Networks'' each place such term appears.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated for the Open Technology Fund, which shall 
     be used to carry out section 309A of the United States 
     International Broadcasting Act of 1994, as added by paragraph 
     (1)--
       (A) $20,000,000 for fiscal year 2021; and
       (B) $25,000,000 for fiscal year 2022.
       (e) United States Advisory Commission on Public 
     Diplomacy.-- Section 1334 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (22 U.S.C. 6553) is amended by 
     striking ``October 1, 2020'' and inserting ``October 1, 
     2025''.
                                 ______
                                 
  SA 1759. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS FOR CERTAIN SMALL BUSINESS 
                   ADMINISTRATION PROGRAMS.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) in section 21(a) (15 U.S.C. 648(a))--
       (A) in paragraph (1), by inserting before ``The 
     Administration shall require'' the following new sentence: 
     ``The previous sentence shall not apply to an applicant that 
     has its principal office located in the Commonwealth of the 
     Northern Mariana Islands.''; and
       (B) in paragraph (4)(C)(ix), by striking ``and American 
     Samoa'' and inserting ``American Samoa, and the Commonwealth 
     of the Northern Mariana Islands''; and
       (2) in section 34(a)(9) (15 U.S.C. 657d(a)(9)), by striking 
     ``and American Samoa'' and inserting ``American Samoa, and 
     the Commonwealth of the Northern Mariana Islands''.
                                 ______
                                 
  SA 1760. Mr. MORAN (for himself, Mr. Tester, and Mr. Roberts) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to 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. ____. MODIFICATION TO FIRST DIVISION MONUMENT.

       (a) Authorization.--The Society of the First Infantry 
     Division may make modifications to the First Division 
     Monument located on Federal land in President's Park in the 
     District of Columbia to honor the dead of the First Infantry 
     Division, United States Forces, in--

[[Page S3262]]

       (1) Operation Desert Storm;
       (2) Operation Iraqi Freedom and New Dawn; and
       (3) Operation Enduring Freedom.
       (b) Modifications.--Modifications to the First Division 
     Monument may include construction of additional plaques and 
     stone plinths on which to put plaques.
       (c) Applicability of Commemorative Works Act.--Chapter 89 
     of title 40, United States Code (commonly known as the 
     ``Commemorative Works Act''), shall apply to the design and 
     placement of the commemorative elements authorized by this 
     section, except that subsections (b) and (c) of section 8903 
     shall not apply.
       (d) Collaboration.--The First Infantry Division of the 
     Department of the Army shall collaborate with the Secretary 
     of Defense to provide to the Society of the First Infantry 
     Division the list of names to be added to the First Division 
     Monument in accordance with subsection (a).
       (e) Funding.--Federal funds may not be used for 
     modifications of the First Division Monument authorized by 
     this section.
                                 ______
                                 
  SA 1761. Mr. MORAN (for himself and Mr. Schatz) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. REQUIREMENTS FOR ASSESSMENTS IN CONNECTION WITH 
                   FORCE STRUCTURE DECISIONS.

       (a) In General.--Chapter 3 of title 10, United States Code, 
     is amended by inserting after section 129d the following new 
     section:

     ``Sec. 129e. Force structure decisions: criteria used in 
       assessments; public availability of criteria

       ``(a) In General.--Any decision on the force structure of 
     the armed forces shall use specific and objective criteria 
     for that purpose, and shall make such criteria available to 
     the public. Such criteria shall include following, as 
     applicable:
       ``(1) The Military Value Analysis and Community Support 
     Value Analysis of the Army.
       ``(2) The Strategic Laydown and Dispersal Process of the 
     Navy (as provided by Office of the Chief of Naval Operations 
     (OPNAV) Instruction 3111.17A).
       ``(3) The Strategic Basing Process of the Air Force.
       ``(b) Force Structure Modernization.--(1) In considering an 
     installation in connection with a decision on force structure 
     modernization, the Secretary of Defense or the Secretary of 
     the military department concerned, as applicable, shall make 
     available to the public the criteria to be used by the 
     Department of Defense in selecting the installation for 
     modernization or force structure changes, including 
     applicable criteria specified in subsection (a) and such 
     other criteria as will be used in making the decision.
       ``(2)(A) Each assessment that is conducted for an 
     installation as described in paragraph (1) shall be made 
     available to the public in accordance with the provisions of 
     section 122a of this title.
       ``(B) An assessment described in subparagraph (A) shall be 
     made available to the public as described in that 
     subparagraph by not later than 30 days after the final basing 
     decision is made.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 3 of such title is amended by inserting 
     after the item relating to section 129d the following new 
     item:

``129e. Force structure decisions: criteria used in assessments; public 
              availability of criteria.''.
                                 ______
                                 
  SA 1762. Mr. MURPHY (for himself, Mr. Blumenthal, Ms. Warren, Mr. 
Markey, and Mr. Booker) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. IDENTIFYING INFORMATION FOR DEPARTMENT OF DEFENSE 
                   LAW ENFORCEMENT OFFICERS, CONTRACT EMPLOYEES, 
                   AND MEMBERS OF THE ARMED FORCES ENGAGED IN 
                   CROWD CONTROL, RIOT CONTROL, OR ARREST OR 
                   DETAINMENT.

       (a) Definitions.--In this section--
       (1) the term ``Department of Defense contract employee'' 
     means an employee or officer of a contractor or subcontractor 
     (at any tier) of the Department of Defense;
       (2) the term ``Department of Defense law enforcement 
     officer'' means an officer in a position in the Department of 
     Defense who is authorized by law to engage in or supervise a 
     law enforcement function;
       (3) the term ``law enforcement function'' means the 
     prevention, detection, or investigation of, or the 
     prosecution or incarceration of any person for, any violation 
     of law; and
       (4) the term ``member of an armed force'' means a member of 
     any of the armed forces, as defined in section 101(a)(4) of 
     title 10, United States Code, or a member of the National 
     Guard, as defined in section 101(3) of title 32, United 
     States Code.
       (b) Requirement.--On and after the date that is 2 years 
     after the date of enactment of this Act, each Department of 
     Defense law enforcement officer, Department of Defense 
     contract employee, or member of an armed force who is engaged 
     in any form of crowd control, riot control, or arrest or 
     detainment of individuals engaged in an act of civil 
     disobedience, demonstration, protest, or riot in the United 
     States shall at all times display identifying information in 
     a clearly visible fashion, which shall include--
       (1) the last name, badge number, and component of the 
     Department of Defense of a Department of Defense law 
     enforcement officer;
       (2) the last name and contractor or subcontractor employing 
     a Department of Defense contract employee; and
       (3) the last name, rank, and armed force of a member of an 
     armed force.
                                 ______
                                 
  SA 1763. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1656. REPORT ON ELECTROMAGNETIC PULSE HARDENING OF 
                   GROUND-BASED STRATEGIC DETERRENT WEAPONS 
                   SYSTEM.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force shall submit to the congressional defense committees a 
     report on establishing requirements and protocols to ensure 
     that the ground-based strategic deterrent weapons system is 
     hardened against electromagnetic pulses.
       (b) Elements.--The report required by subsection (a) shall 
     include a description of the following:
       (1) The testing protocols the ground-based strategic 
     deterrent program will use for electromagnetic pulse testing.
       (2) How requirements for electromagnetic pulse hardness 
     will be integrated into the ground-based strategic deterrent 
     program.
       (3) Plans for electromagnetic pulse verification tests of 
     the ground-based strategic deterrent weapons system.
       (4) Plans for electromagnetic pulse testing of nonmissile 
     components of the ground-based strategic deterrent weapons 
     system.
       (5) Plans to sustain electromagnetic pulse qualification of 
     the ground-based strategic deterrent weapons system.
                                 ______
                                 
  SA 1764. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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 NAMING OF THE NEXT TOWING, 
                   SALVAGE, AND RESCUE SHIP OF THE NAVY AFTER THE 
                   ARIKARA NATIVE AMERICAN TRIBE IN NORTH DAKOTA.

       It is the sense of Congress that the Secretary of the Navy 
     should name the next Towing, Salvage, and Rescue Ship (TATS) 
     of the Navy the U.S.N.S. Arikara, in recognition of the 
     Arikara Native American tribe in North Dakota.
                                 ______
                                 
  SA 1765. Mr. HOEVEN (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION 
                   ASSISTANCE AND MONTGOMERY GI BILL-SELECTED 
                   RESERVE BENEFITS.

       (a) In General.--Section 16131 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(k)(1) In the case of an individual entitled to 
     educational assistance under this chapter who is pursuing 
     education or training described in subsection (a) or (c) of 
     section 2007 of this title on a half-time or more basis, the 
     Secretary concerned shall, at the election of the individual, 
     pay the individual educational assistance allowance under 
     this

[[Page S3263]]

     chapter for pursuit of such education or training as if the 
     individual were not also eligible to receive or in receipt of 
     educational assistance under section 2007 for pursuit of such 
     education or training.
       ``(2)(A) In the case of an individual entitled to 
     educational assistance under this chapter who is pursuing 
     education or training described in subsection (a) or (c) of 
     section 2007 of this title on a less than half-time basis, 
     the Secretary concerned shall, at the election of the 
     individual, pay the individual an educational assistance 
     allowance to meet all or a portion of the charges of the 
     educational institution for tuition or expenses for the 
     education or training that are not paid by the Secretary of 
     the military department concerned under such subsection.
       ``(B)(i) The amount of the educational assistance allowance 
     payable to an individual under this paragraph for a month 
     shall be the amount of the educational assistance allowance 
     to which the individual would be entitled for the month under 
     subsection (b), (d), (e), or (f).
       ``(ii) The number of months of entitlement charged under 
     this chapter in the case of an individual who has been paid 
     an educational assistance allowance under this paragraph 
     shall be equal to the number (including any fraction) 
     determined by dividing the total amount of such educational 
     assistance allowance paid the individual by the full-time 
     monthly institutional rate of educational assistance which 
     such individual would otherwise be paid under subparagraph 
     (A), (B), (C), or (D) of subsection (b)(1), subsection (d), 
     subsection (e), or subsection (f), as the case may be.''.
       (b) Conforming Amendments.--Section 2007(d) of such title 
     is amended--
       (1) in paragraph (1), by inserting ``or chapter 1606 of 
     this title'' after ``of title 38''; and
       (2) in paragraph (2), by inserting ``, in the case of 
     educational assistance under chapter 30 of such title, and 
     section 16131(k), in the case of educational assistance under 
     chapter 1606 of this title'' before the period at the end.
                                 ______
                                 
  SA 1766. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON SEPARATION HISTORY AND PHYSICAL 
                   EXAMINATIONS CONDUCTED FOR MEMBERS OF THE 
                   SELECTED RESERVE OF THE READY RESERVE OF THE 
                   RESERVE COMPONENTS OF THE ARMED FORCES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in coordination with the 
     Secretary of Veterans Affairs, shall review the records of 
     former members of the Selected Reserve of the Ready Reserve 
     of the reserve components of the Armed Forces and submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report on the following:
       (1) The number of individuals who separated from the 
     Selected Reserve during the two-year period preceding the 
     submittal of the report.
       (2) Of the individuals described in paragraph (1), the 
     number who did not receive a Separation History and Physical 
     Examination from the Department of Defense.
       (3) Of the individuals described in paragraph (2), the 
     number who applied for benefits from the Department of 
     Veterans Affairs.
       (4) Of the individuals described in paragraph (3), the 
     number who were denied benefits from the Department of 
     Veterans Affairs.
                                 ______
                                 
  SA 1767. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1003. REPORT ON FISCAL YEAR 2022 BUDGET REQUEST 
                   REQUIREMENTS IN CONNECTION WITH AIR FORCE 
                   OPERATIONS IN THE ARCTIC.

       The Secretary of the Air Force shall submit to the 
     congressional defense committees, not later than 30 days 
     after submission of the budget justification documents 
     submitted to Congress in support of the budget of the 
     President for fiscal year 2022 (as submitted pursuant to 
     section 1105 of title 31, United States Code), a report that 
     includes the following:
       (1) A description of the manner in which amounts requested 
     for the Air Force in the budget for fiscal year 2022 support 
     Air Force operations in the Arctic.
       (2) A list of the procurement initiatives and research, 
     development, test, and evaluation initiatives funded by that 
     budget that are primarily intended to enhance the ability of 
     the Air Force to deploy to or operate in the Arctic region, 
     or to defend the northern approach to the United States 
     homeland.
       (3) An assessment of the adequacy of the infrastructure of 
     Air Force installations in Alaska and in the States along the 
     northern border of the continental United States to support 
     deployments to and operations in the Arctic region, including 
     an assessment of runways, fuel lines, and aircraft 
     maintenance capacity for purposes of such support.
                                 ______
                                 
  SA 1768. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

                 Subtitle __--Industries of the Future

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Industries of the 
     Future Act of 2020''.

     SEC. __2. SENSE OF CONGRESS ON INVESTMENT IN RESEARCH AND 
                   DEVELOPMENT.

       It is the sense of Congress that--
       (1) the United States must drive technological 
     breakthroughs through research and development investments 
     across the Federal Government, academia, and industry in 
     order to promote scientific discovery, economic 
     competitiveness, and national security;
       (2) the United States must identify key research 
     infrastructure investments that enable these technological 
     breakthroughs and establish the domestic capabilities 
     necessary for the United States to lead in the industries of 
     the future;
       (3) the United States must encourage opportunities for 
     collaboration between the Federal Government and the private 
     sector so that through such partnerships, all can benefit 
     from each other's investment and expertise, ensuring United 
     States leadership in the industries of the future;
       (4) the United States must encourage opportunities for 
     collaboration between the Federal Government and the private 
     sector so that through such partnerships, all can benefit 
     from each other's investment and expertise, ensuring United 
     States leadership in the industries of the future; and
       (5) in order for the United States to maintain its global 
     economic edge, Federal investment must be made in research 
     and development efforts focused on industries of the future, 
     such as artificial intelligence, quantum information science, 
     biotechnology, and next generation wireless networks and 
     infrastructure, advanced manufacturing, and synthetic 
     biology.

     SEC. __3. REPORT ON FEDERAL RESEARCH AND DEVELOPMENT FOCUSED 
                   ON INDUSTRIES OF THE FUTURE.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Science and Technology Policy shall submit to Congress a 
     report on research and development investments, 
     infrastructure, and workforce development investments of the 
     Federal Government that enable continued United States 
     leadership in industries of the future.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) A definition, for purposes of this Act, of the term 
     ``industries of the future'' that includes emerging 
     technologies.
       (2) An assessment of the current baseline of investments in 
     civilian research and development investments of the Federal 
     Government in the industries of the future.
       (3) A plan to double such baseline investments in 
     artificial intelligence and quantum information science by 
     fiscal year 2022.
       (4) A detailed plan to increase investments described in 
     paragraph (2) in industries of the future to $10,000,000,000 
     per year by fiscal year 2025.
       (5) A plan to leverage investments described in paragraphs 
     (2), (3), and (4) in industries of the future to elicit 
     complimentary investments by non-Federal entities to the 
     greatest extent practicable.
       (6) Proposed legislation to implement such plans.

     SEC. __4. INDUSTRIES OF THE FUTURE COORDINATION COUNCIL.

       (a) Establishment.--
       (1) In general.--The President shall establish or designate 
     a council to advise the Director of the Office of Science and 
     Technology Policy on matters relevant to the Director and the 
     industries of the future.
       (2) Designation.--The council established or designated 
     under paragraph (1) shall be known as the ``Industries of the 
     Future Coordination Council'' (in this section the 
     ``Council'').
       (b) Membership.--
       (1) Composition.--The Council shall be composed of members 
     from the Federal Government as follows:
       (A) One member appointed by the Director.
       (B) One member appointed by the Director of the Office of 
     Management and Budget.
       (C) A chairperson of the Select Committee on Artificial 
     Intelligence of the National Science and Technology Council.
       (D) A chairperson of the Subcommittee on Advanced 
     Manufacturing of the National Science and Technology Council.

[[Page S3264]]

       (E) A chairperson of the Subcommittee on Quantum 
     Information Science of the National Science and Technology 
     Council.
       (F) Such other members as the President considers 
     appropriate.
       (2) Chairperson.--The member appointed to the Council under 
     paragraph (1)(A) shall serve as the chairperson of the 
     Council.
       (c) Duties.--The duties of the Council are as follows:
       (1) To provide the Director with advice on ways in which in 
     the Federal Government can ensure the United States continues 
     to lead the world in developing emerging technologies that 
     improve the quality of life of the people of the United 
     States, increase economic competitiveness of the United 
     States, and strengthen the national security of the United 
     States, including identification of the following:
       (A) Investments required in fundamental research and 
     development, infrastructure, and workforce development of the 
     United States workers who will support the industries of the 
     future.
       (B) Actions necessary to create and further develop the 
     workforce that will support the industries of the future.
       (C) Actions required to leverage the strength of the 
     research and development ecosystem of the United States, 
     which includes academia, industry, and nonprofit 
     organizations.
       (D) Ways that the Federal Government can consider 
     leveraging existing partnerships and creating new 
     partnerships and other multisector collaborations to advance 
     the industries of the future.
       (2) To provide the Director with advice on matters relevant 
     to the report required by section __3.
       (d) Coordination.--The Council shall coordinate with and 
     utilize relevant existing National Science and Technology 
     Council committees to the maximum extent feasible in order to 
     minimize duplication of effort.
       (e) Sunset.--The Council shall terminate on the date that 
     is 6 years after the date of the enactment of this Act.
                                 ______
                                 
  SA 1769. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. VETERANS SERVICE ORGANIZATION SUPPORT TO TRANSITION 
                   ASSISTANCE PROGRAMS.

       (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 Labor, the Secretary of 
     Homeland Security, and the Secretary of Veterans Affairs, 
     shall establish a process by which a representative of a 
     veterans service organization may be present at any portion 
     of the program carried out under section 1144 of title 10, 
     United States Code, relating to the submittal of claims to 
     the Secretary of Veterans Affairs for compensation under 
     chapter 11 or 13 of title 38, United States Code.
       (b) Purpose.--The process established in subsection (a) 
     shall ensure that a representative of a veteran service 
     organization can support and facilitate the efforts of the 
     Department of Defense to provide preseparation counseling and 
     transition assistance carried out under section 1144 of title 
     10, United States Code, relating to the submittal of claims 
     to the Secretary of Veterans Affairs for compensation under 
     chapter 11 or 13 of title 38, United States Code.
       (c) Access to Be Authorized.--In accordance with the 
     process established in subsection (a), the Secretary of 
     Defense shall review and modify as necessary the memorandum 
     of the Secretary entitled ``Installation Access and Support 
     Services for Nonprofit Non-Federal Entities'' and dated 
     December 23, 2014, to permit a representative of a veterans 
     service organization access to a military installations to be 
     present at any portion of the program carried out under 
     section 1144 of title 10, United States Code, to members of 
     the Armed Forces stationed at such installations.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed as authorizing the Secretary of Defense to offer--
       (1) a recommendation or endorsement of a particular 
     veterans service organization over another veterans service 
     organization for the purposes of supporting preseparation 
     counseling and transition assistance programming; and
       (2) the encouragement, support, or other suggestion that a 
     member of the Armed Forces seek membership in a veterans 
     service organization.
       (e) Report.--
       (1) In general.--Not later than 540 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on participation of veterans 
     service organizations in the program carried out under 
     section 1144 of title 10, United States Code.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) An assessment of the compliance of facilities of the 
     Department of Defense with the directives providing a 
     representative of a veteran service organization access to a 
     military installation, including--
       (i) the memorandum of the Secretary entitled ``Installation 
     Access and Support Services for Nonprofit Non-Federal 
     Entities'' and dated December 23, 2014; or
       (ii) a memorandum of the Secretary superseding the 
     memorandum described in clause (i).
       (B) The number of military bases that have complied with 
     such directives.
       (C) How many veterans service organizations have been 
     present at a portion of a program as described in subsection 
     (a).
       (f) Veterans Service Organization Defined.--In this 
     section, the term ``veterans service organization'' means any 
     organization recognized by the Secretary for the 
     representation of veterans under section 5902 of title 38, 
     United States Code.
                                 ______
                                 
  SA 1770. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. RESTORING HONOR TO SERVICE MEMBERS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the mission of the Department of Defense is to provide 
     the military forces needed to deter war and to protect the 
     security of the United States;
       (2) expanding outreach to veterans impacted by Don't Ask, 
     Don't Tell or a similar policy prior to the enactment of 
     Don't Ask, Don't Tell is important to closing a period of 
     history harmful to the creed of integrity, respect, and honor 
     of the military;
       (3) the Department is responsible for providing for the 
     review of a veteran's military record before the appropriate 
     discharge review board or, when more than 15 years has 
     passed, board of correction for military or naval records; 
     and
       (4) the Secretary of Defense should, wherever possible, 
     coordinate and conduct outreach to impacted veterans through 
     the veterans community and networks, including through the 
     Department of Veterans Affairs and veterans service 
     organizations, to ensure that veterans understand the review 
     processes that are available to them for upgrading military 
     records.
       (b) Tiger Team for Outreach to Former Members.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a team (commonly known as a ``tiger team'' and 
     referred to in this section as the ``Tiger Team'') 
     responsible for conducting outreach to build awareness among 
     former members of the Armed Forces of the process established 
     pursuant to section 527 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92) for the review 
     of discharge characterizations by appropriate discharge 
     boards. The Tiger Team shall consist of appropriate personnel 
     of the Department of Defense assigned to the Tiger Team by 
     the Secretary for purposes of this section.
       (2) Tiger team leader.--One of the persons assigned to the 
     Tiger Team under paragraph (1) shall be a senior-level 
     officer or employee of the Department who shall serve as the 
     lead official of the Tiger Team (in this section referred to 
     as the ``Tiger Team Leader'') and who shall be accountable 
     for the activities of the Tiger Team under this section,
       (3) Report on composition.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report setting forth the names of the 
     personnel of the Department assigned to the Tiger Team 
     pursuant to this subsection, including the positions to which 
     assigned. The report shall specify the name of the individual 
     assigned as Tiger Team Leader.
       (c) Duties.--
       (1) In general.--The Tiger Team shall conduct outreach to 
     build awareness among veterans of the process established 
     pursuant to section 527 of the National Defense Authorization 
     Act for Fiscal Year 2020 for the review of discharge 
     characterizations by appropriate discharge boards.
       (2) Collaboration.--In conducting activities under this 
     subsection, the Tiger Team Leader shall identify appropriate 
     external stakeholders with whom the Tiger Team shall work to 
     carry out such activities. Such stakeholders shall include 
     the following:
       (A) The Secretary of Veterans Affairs.
       (B) The Archivist of the United States.
       (C) Representatives of veterans service organizations.
       (D) Such other stakeholders as the Tiger Team Leader 
     considers appropriate.
       (3) Initial report.--Not later than 210 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress the following:
       (A) A plan setting forth the following:
       (i) A description of the manner in which the Secretary, 
     working through the Tiger Team and in collaboration with 
     external stakeholders described in paragraph (2), shall 
     identify individuals who meet the criteria in

[[Page S3265]]

     section 527(b) of the National Defense Authorization Act for 
     Fiscal Year 2020 for review of discharge characterization.
       (ii) A description of the manner in which the Secretary, 
     working through the Tiger Team and in collaboration with the 
     external stakeholders, shall improve outreach to individuals 
     who meet the criteria in section 527(b) of the National 
     Defense Authorization Act for Fiscal Year 2020 for review of 
     discharge characterization, including through--

       (I) obtaining contact information on such individuals; and
       (II) contacting such individuals on the process established 
     pursuant to section 527 of the National Defense Authorization 
     Act for Fiscal Year 2020 for the review of discharge 
     characterizations.

       (B) A description of the manner in which the work described 
     in clauses (i) and (ii) of subparagraph (A) will be carried 
     out, including an allocation of the work among the Tiger Team 
     and the external stakeholders.
       (C) A schedule for the implementation, carrying out, and 
     completion of the plan required under subparagraph (A).
       (D) A description of the additional funding, personnel, or 
     other resources of the Department required to carry out the 
     plan required under subparagraph (A), including any 
     modification of applicable statutory or administrative 
     authorities.
       (4) Implementation of plan.--
       (A) In general.--The Secretary shall implement and carry 
     out the plan submitted under subparagraph (A) of paragraph 
     (3) in accordance with the schedule submitted under 
     subparagraph (C) of that paragraph.
       (B) Updates.--Not less frequently than once every 90 days 
     after the submittal of the report under paragraph (3), the 
     Tiger Team shall submit to Congress an update on the carrying 
     out of the plan submitted under subparagraph (A) of that 
     paragraph.
       (5) Final report.--Not later than 3 years after the date of 
     the enactment of this Act, the Tiger Team shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a final report on the activities of the Tiger 
     Team under this subsection. The report shall set forth the 
     following:
       (A) The number of individuals discharged under Don't Ask, 
     Don't Tell or a similar policy prior to the enactment of 
     Don't Ask, Don't Tell.
       (B) The number of individuals described in subparagraph (A) 
     who availed themselves of a review of discharge 
     characterization (whether through discharge review or 
     correction of military records) through a process established 
     prior to the enactment of this Act.
       (C) The number of individuals contacted through outreach 
     conducted pursuant to this section.
       (D) The number of individuals described in subparagraph (A) 
     who availed themselves of a review of discharge 
     characterization through the process established pursuant to 
     section 527 of the National Defense Authorization Act for 
     Fiscal Year 2020.
       (E) The number of individuals described in subparagraph (D) 
     whose review of discharge characterization resulted in a 
     change of characterization to honorable discharge.
       (F) The total number of individuals described in 
     subparagraph (A), including individuals also covered by 
     subparagraph (E), whose review of discharge characterization 
     since September 20, 2011 (the date of repeal of Don't Ask, 
     Don't Tell), resulted in a change of characterization to 
     honorable discharge.
       (6) Termination.--On the date that is 60 days after the 
     date on which the final report required by paragraph (5) is 
     submitted, the Secretary shall terminate the Tiger Team.
       (d) Additional Reports.--
       (1) Review.--The Secretary of Defense shall conduct a 
     review of the consistency and uniformity of the reviews 
     conducted pursuant to section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020.
       (2) Reports.--Not later than 270 days after the date of the 
     enactment of this Act, and each year thereafter for a four-
     year period, the Secretary shall submit to Congress a report 
     on the reviews under paragraph (1). Such reports shall 
     include any comments or recommendations for continued 
     actions.
       (e) Historical Reviews.--
       (1) In general.--The Secretary of each military department 
     shall ensure that oral historians of the department--
       (A) review the facts and circumstances surrounding the 
     estimated 100,000 members of the Armed Forces discharged from 
     the Armed Forces between World War II and September 2011 
     because of the sexual orientation of the member, including 
     any use of ambiguous or misleading separation codes and 
     characterizations intended to disguise the discriminatory 
     basis of such members' discharge; and
       (B) receive oral testimony of individuals who personally 
     experienced discrimination and discharge because of the 
     actual or perceived sexual orientation of the individual so 
     that such testimony may serve as an official record of these 
     discriminatory policies and their impact on American lives.
       (2) Deadline for completion.--Each Secretary of a military 
     department shall ensure that the oral historians concerned 
     complete the actions required by paragraph (1) by not later 
     than one year after the date of the enactment of this Act.
       (3) Uses of information.--Information obtained through 
     actions under paragraph (1) shall be available to members 
     described in that paragraph for pursuit by such members of a 
     remedy under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 in accordance with 
     regulations prescribed for such purpose by the Secretary of 
     the military department concerned.
       (f) Don't Ask, Don't Tell Defined.--In this section, the 
     term ``Don't Ask, Don't Tell'' means section 654 of title 10, 
     United States Code, as in effect before such section was 
     repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 
     2010 (Public Law 111-321).
                                 ______
                                 
  SA 1771. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3__. ENHANCEMENT OF RESILIENCE OF DEFENSE COMMUNITY 
                   INFRASTRUCTURE.

       Section 2391 of title 10, United States Code, is amended--
       (1) in subsection (b)(5), by adding at the end the 
     following new subparagraph:
       ``(D)(i) The Secretary of Defense may also make grants, 
     conclude cooperative agreements, and supplement other Federal 
     funds in order to assist a State or local government in 
     planning and implementing pre-disaster mitigation measures 
     and projects that, as determined by the Secretary of Defense, 
     will contribute to maintaining or improving military 
     installation resilience.
       ``(ii) In the case of funds provided under clause (i) for 
     projects involving the preservation or restoration of natural 
     features for the purpose of maintaining or enhancing military 
     installation resilience--
       ``(I) such funds--
       ``(aa) may be provided in a lump sum and include an amount 
     intended to cover the future costs of the natural resource 
     maintenance and improvement activities required for the 
     preservation or restoration of such natural features; and
       ``(bb) may be placed by the recipient in an interest-
     bearing or other investment account; and
       ``(II) any interest or income shall be applied for the same 
     purposes as the principal.
       ``(iii) Amounts appropriated or otherwise made available 
     for assistance under this subparagraph shall remain available 
     until expended.'';
       (2) in subsection (d)(1) by inserting ``to plan for and 
     implement actions'' after ``to assist State and local 
     governments''; and
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``subsection (b)(1)(D)'' 
     and inserting ``subsections (b)(1)(D), (b)(1)(E), (b)(5)(D), 
     and (d)(1)''; and
       (B) in paragraph (4)(B), by adding at the end the following 
     new clause:
       ``(iv) A disaster mitigation or risk reduction project.''.
                                 ______
                                 
  SA 1772. Mr. SCHATZ (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 3___. ASSESSMENT OF RISKS TO DEFENSE COMMUNITIES.

       (a) In General.--Subchapter I of chapter 169 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2816. Defense community vulnerability assessments and 
       exercises

       ``(a) Program.--The Secretary of Defense shall establish a 
     program that ensures that the Secretary of each military 
     department is able to--
       ``(1) conduct exercises to assess and to the degree 
     feasible quantify the potential impact of current and 
     projected risks to military installation resilience resulting 
     from vulnerabilities to critical infrastructure inside and 
     outside of the military installation, including community 
     infrastructure not under the jurisdiction of the Secretary 
     concerned; and
       ``(2) improve collaboration and information sharing of 
     critical infrastructure vulnerabilities with stakeholders in 
     the civilian community that are necessary to reduce the risks 
     to military installation resilience.
       ``(b) Vulnerability Assessments.--In carrying out the 
     program under subsection (a), consistent with the use of 
     military installations and State-owned installations of the 
     National Guard to ensure the readiness of the armed forces, 
     the Secretary of each military department shall assess 
     current and projected vulnerabilities related to military 
     installation infrastructure and community infrastructure that 
     impact military installation resilience described in section 
     2864(c) of this title, including vulnerabilities resulting 
     from interdependencies in the following critical 
     infrastructure sectors:

[[Page S3266]]

       ``(1) Energy generation, distribution, and transmission 
     systems.
       ``(2) Water and wastewater treatment facilities.
       ``(3) Telecommunications and information technology 
     systems.
       ``(4) Intermodal transportation nodes, including access 
     roads, railways and railheads, bridges, and harbor and port 
     infrastructure.
       ``(5) Emergency services.
       ``(6) Such other critical infrastructure sectors as the 
     Secretary concerned determines are important to ensure 
     military installation resilience.
       ``(c) Vulnerability Exercises.--(1) In carrying out the 
     program under subsection (a), each year, the Secretary of 
     each military department shall conduct a vulnerability 
     exercise to assess and to the degree feasible quantify the 
     potential impact of current and projected risks to military 
     installation resilience at not fewer than five military 
     installations and identify information gaps necessary to 
     improve military installation resilience planning under 
     section 2864(c) of this title.
       ``(2) The Secretary of each military department shall 
     develop and conduct exercises under paragraph (1) in 
     coordination with the following:
       ``(A) The Secretary of Homeland Security, acting through 
     the director of the Cybersecurity and Infrastructure Security 
     Agency.
       ``(B) The Secretary of Energy, acting through the director 
     of the Resilience Optimization Center of the Idaho National 
     Laboratory.
       ``(C) The Assistant Secretary of the Army for Civil Works, 
     acting through the Chief of Engineers.
       ``(D) Representatives of State, tribal, and local emergency 
     management agencies, including the heads of such agencies, as 
     appropriate.
       ``(E) Representatives of State, tribal, and local 
     governments with expertise, oversight, or responsibility of 
     the critical infrastructure sectors described in subsection 
     (b).
       ``(F) Representatives of private service providers serving 
     critical infrastructure sectors described in subsection (b).
       ``(G) Representatives of non-governmental organizations and 
     local colleges and universities with access to the planning 
     tools to provide local-level vulnerability analysis to assess 
     current and projected critical infrastructure vulnerabilities 
     inside and outside of the military installation.
       ``(H) The heads of such other Federal or State departments 
     or agencies as the Secretary concerned considers appropriate 
     for conducting the exercise under paragraph (1).
       ``(3) Each exercise under paragraph (1) shall model and 
     analyze interdependency vulnerabilities related to military 
     installation infrastructure and community infrastructure 
     using a uniform method that seeks to combine, to the extent 
     appropriate and applicable, the following:
       ``(A) All hazards analysis that models military 
     installation infrastructure and community infrastructure as 
     regionally linked systems to assess the current and projected 
     risks and consequences of manmade and natural disasters on 
     those systems inside and outside the military installation.
       ``(B) Science-based analysis that provides for enhanced 
     modeling of current and projected infrastructure risks to 
     military installation resilience within the boundaries of the 
     military installation.
       ``(4) The Secretary of each military department shall 
     provide to the individuals described in paragraph (2) any 
     information, in an appropriate form, that is used to develop 
     the exercises described in paragraph (1), including--
       ``(A) projections from reliable and authorized sources used 
     for the military installation resilience component of the 
     installation master plans of the Department of Defense under 
     section 2864 of this title;
       ``(B) modeling and analytical products described in 
     paragraph (3); and
       ``(C) any additional material used to inform the conduct of 
     the exercises under paragraph (1).
       ``(d) Reports.--(1) Not later than March 1 of each year, 
     the Secretary of each military department shall submit to the 
     congressional defense committees a report on the program 
     conducted under this section, including the assessments 
     conducted under subsection (b) and the exercises conducted 
     under subsection (c), during the year preceding the report.
       ``(2) Each report submitted under paragraph (1) shall 
     include the following:
       ``(A) The name and location of each military installation 
     where an assessment and exercise was conducted under this 
     section in the year covered by the report, including a list 
     of stakeholders engaged as part of each exercise under 
     subsection (c).
       ``(B) The name and location of where each military 
     department plans to conduct assessments and exercises under 
     this section in the following year.
       ``(C) An analysis of what current and future risks the 
     assessments and exercises addressed and, to the degree 
     feasible, quantified for each military installation and what 
     information gaps, if any, persist following the assessment 
     and exercise.
       ``(D) An explanation of how the Secretary concerned will 
     address any persistent information gaps identified under 
     subparagraph (C).
       ``(E) An explanation of how the assessments under 
     subsection (b) informed or will inform military installation 
     resilience projects under section 2815 of this title.
       ``(F) A plan for using available authorities to mitigate 
     vulnerabilities to military installation infrastructure and 
     community infrastructure, including under section 2391(d) of 
     this title.
       ``(e) Definitions.--In this section:
       ``(1) The term `community infrastructure' has the meaning 
     given that term in section 2391(e)(4) of this title.
       ``(2) The term `military installation' has the meaning 
     given that term in section 2391(e)(1) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 169 of such title is amended by 
     inserting after the item relating to section 2815 the 
     following new item:

``2816. Defense community vulnerability assessments and exercises.''.
                                 ______
                                 
  SA 1773. Mr. SCHATZ (for himself and Mr. Thune) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At appropriate place, insert the following:

                         Subtitle__--READI Act

     SEC. _01. SHORT TITLE.

       This subtitle may be cited as the ``Reliable Emergency 
     Alert Distribution Improvement Act of 2020'' or ``READI 
     Act''.

     SEC. _02. DEFINITIONS.

       In this subtitle--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency;
       (2) the term ``Commission'' means the Federal 
     Communications Commission;
       (3) the term ``Emergency Alert System'' means the national 
     public warning system, the rules for which are set forth in 
     part 11 of title 47, Code of Federal Regulations (or any 
     successor regulation); and
       (4) the term ``Wireless Emergency Alert System'' means the 
     wireless national public warning system established under the 
     Warning, Alert, and Response Network Act (47 U.S.C. 1201 et 
     seq.), the rules for which are set forth in part 10 of title 
     47, Code of Federal Regulations (or any successor 
     regulation).

     SEC. _03. WIRELESS EMERGENCY ALERT SYSTEM OFFERINGS.

       (a) Amendment.--Section 602(b)(2)(E) of the Warning, Alert, 
     and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is 
     amended--
       (1) by striking the second and third sentences; and
       (2) by striking ``other than an alert issued by the 
     President.'' and inserting the following: ``other than an 
     alert issued by--
       ``(i) the President; or
       ``(ii) the Administrator of the Federal Emergency 
     Management Agency.''.
       (b) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Commission, in consultation with 
     the Administrator, shall adopt regulations to implement the 
     amendment made by subsection (a)(2).

     SEC. _04. STATE EMERGENCY ALERT SYSTEM PLANS AND EMERGENCY 
                   COMMUNICATIONS COMMITTEES.

       (a) Definitions.--In this section--
       (1) the term ``SECC'' means a State Emergency 
     Communications Committee;
       (2) the term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     the Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States; and
       (3) the term ``State EAS Plan'' means a State Emergency 
     Alert System Plan.
       (b) State Emergency Communications Committee.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Commission shall adopt regulations that--
       (1) encourage the chief executive of each State--
       (A) to establish an SECC if the State does not have an 
     SECC; or
       (B) if the State has an SECC, to review the composition and 
     governance of the SECC;
       (2) provide that--
       (A) each SECC, not less frequently than annually, shall--
       (i) meet to review and update its State EAS Plan;
       (ii) certify to the Commission that the SECC has met as 
     required under clause (i); and
       (iii) submit to the Commission an updated State EAS Plan; 
     and
       (B) not later than 60 days after the date on which the 
     Commission receives an updated State EAS Plan under 
     subparagraph (A)(iii), the Commission shall--
       (i) approve or disapprove the updated State EAS Plan; and
       (ii) notify the chief executive of the State of the 
     Commission's findings; and
       (3) establish a State EAS Plan content checklist for SECCs 
     to use when reviewing and updating a State EAS Plan for 
     submission to the Commission under paragraph (2)(A).
       (c) Consultation.--The Commission shall consult with the 
     Administrator regarding the adoption of regulations under 
     subsection (b)(3).

[[Page S3267]]

  


     SEC. _05. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
                   GUIDANCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop and 
     issue guidance on how State, Tribal, and local governments 
     can participate in the integrated public alert and warning 
     system of the United States described in section 526 of the 
     Homeland Security Act of 2002 (6 U.S.C. 321o) (referred to in 
     this section as the ``public alert and warning system'') 
     while maintaining the integrity of the public alert and 
     warning system, including--
       (1) guidance on the categories of public emergencies and 
     appropriate circumstances that warrant an alert and warning 
     from State, Tribal, and local governments using the public 
     alert and warning system;
       (2) the procedures for State, Tribal, and local government 
     officials to authenticate civil emergencies and initiate, 
     modify, and cancel alerts transmitted through the public 
     alert and warning system, including protocols and technology 
     capabilities for--
       (A) the initiation, or prohibition on the initiation, of 
     alerts by a single authorized or unauthorized individual;
       (B) testing a State, Tribal, or local government incident 
     management and warning tool without accidentally initiating 
     an alert through the public alert and warning system; and
       (C) steps a State, Tribal, or local government official 
     should take to mitigate the possibility of the issuance of a 
     false alert through the public alert and warning system;
       (3) the standardization, functionality, and 
     interoperability of incident management and warning tools 
     used by State, Tribal, and local governments to notify the 
     public of an emergency through the public alert and warning 
     system;
       (4) the annual training and recertification of emergency 
     management personnel on requirements for originating and 
     transmitting an alert through the public alert and warning 
     system;
       (5) the procedures, protocols, and guidance concerning the 
     protective action plans that State, Tribal, and local 
     governments should issue to the public following an alert 
     issued under the public alert and warning system;
       (6) the procedures, protocols, and guidance concerning the 
     communications that State, Tribal, and local governments 
     should issue to the public following a false alert issued 
     under the public alert and warning system;
       (7) a plan by which State, Tribal, and local government 
     officials may, during an emergency, contact each other as 
     well as Federal officials and participants in the Emergency 
     Alert System and the Wireless Emergency Alert System, when 
     appropriate and necessary, by telephone, text message, or 
     other means of communication regarding an alert that has been 
     distributed to the public; and
       (8) any other procedure the Administrator considers 
     appropriate for maintaining the integrity of and providing 
     for public confidence in the public alert and warning system.
       (b) Coordination With National Advisory Council Report.--
     The Administrator shall ensure that the guidance developed 
     under subsection (a) do not conflict with recommendations 
     made for improving the public alert and warning system 
     provided in the report submitted by the National Advisory 
     Council under section 2(b)(7)(B) of the Integrated Public 
     Alert and Warning System Modernization Act of 2015 (Public 
     Law 114-143; 130 Stat. 332).
       (c) Public Consultation.--In developing the guidance under 
     subsection (a), the Administrator shall ensure appropriate 
     public consultation and, to the extent practicable, 
     coordinate the development of the guidance with stakeholders 
     of the public alert and warning system, including--
       (1) appropriate personnel from Federal agencies, including 
     the National Institute of Standards and Technology, the 
     Federal Emergency Management Agency, and the Commission;
       (2) representatives of State and local governments and 
     emergency services personnel, who shall be selected from 
     among individuals nominated by national organizations 
     representing those governments and personnel;
       (3) representatives of federally recognized Indian Tribes 
     and national Indian organizations;
       (4) communications service providers;
       (5) vendors, developers, and manufacturers of systems, 
     facilities, equipment, and capabilities for the provision of 
     communications services;
       (6) third-party service bureaus;
       (7) the national organization representing the licensees 
     and permittees of noncommercial broadcast television 
     stations;
       (8) technical experts from the broadcasting industry;
       (9) educators from the Emergency Management Institute; and
       (10) other individuals with technical expertise as the 
     Administrator determines appropriate.
       (d) Inapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the public 
     consultation with stakeholders under subsection (c).
       (e) Rule of Construction.--Nothing in subsection (a) shall 
     be construed to amend, supplement, or abridge the authority 
     of the Commission under the Communications Act of 1934 (47 
     U.S.C. 151 et seq.) or in any other manner give the 
     Administrator authority over communications service providers 
     participating in the Emergency Alert System or the Wireless 
     Emergency Alert System.

     SEC. _06. FALSE ALERT REPORTING.

       Not later than 180 days after the date of enactment of this 
     Act, the Commission, in consultation with the Administrator, 
     shall complete a rulemaking proceeding to establish a system 
     to receive from the Administrator or State, Tribal, or local 
     governments reports of false alerts under the Emergency Alert 
     System or the Wireless Emergency Alert System for the purpose 
     of recording such false alerts and examining their causes.

     SEC. _07. REPEATING EMERGENCY ALERT SYSTEM MESSAGES FOR 
                   NATIONAL SECURITY.

       Not later than 180 days after the date of enactment of this 
     Act, the Commission, in consultation with the Administrator, 
     shall complete a rulemaking proceeding to modify the 
     Emergency Alert System to provide for repeating Emergency 
     Alert System messages while an alert remains pending that is 
     issued by--
       (1) the President;
       (2) the Administrator; or
       (3) any other entity under specified circumstances as 
     determined by the Commission, in consultation with the 
     Administrator.

     SEC. _08. INTERNET AND ONLINE STREAMING SERVICES EMERGENCY 
                   ALERT EXAMINATION.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act, and after providing public notice and 
     opportunity for comment, the Commission shall complete an 
     inquiry to examine the feasibility of updating the Emergency 
     Alert System to enable or improve alerts to consumers 
     provided through the internet, including through streaming 
     services.
       (b) Report.--Not later than 90 days after completing the 
     inquiry under subsection (a), the Commission shall submit a 
     report on the findings and conclusions of the inquiry to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 1774. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 382. PROHIBITION ON CONSTRUCTING WALLS, FENCES, OR 
                   ASSOCIATED ROADS ON SOUTHERN BORDER OF UNITED 
                   STATES.

       The Secretary of Defense may not use any of the amounts 
     authorized in this Act to--
       (1) provide support under section 284 of title 10, United 
     States Code, in connection with the construction of a wall or 
     fence on the southern border of the United States or a road 
     associated with such a wall or fence;
       (2) undertake a military construction project under section 
     2808 of such title in connection with the construction of 
     such a wall, fence, or road; or
       (3) otherwise construct or provide support for the 
     construction of such a wall, fence, or road.
                                 ______
                                 
  SA 1775. Mr. BLUMENTHAL (for himself, Mr. Brown, Mr. Durbin, Ms. 
Hirono, Mr. Casey, and Mr. Tester) submitted an amendment intended to 
be proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR 
                   TRANSFER OF UNUSED ENTITLEMENT TO POST-9/11 
                   EDUCATIONAL ASSISTANCE.

       (a) Modification of Eligibility Requirements.--
       (1) In general.--Subsection (b) of section 3319 of title 
     38, United States Code, is amended to read as follows:
       ``(b) Eligible Individuals.--An individual referred to in 
     subsection (a) is an individual who, at the time of the 
     approval of the individual's request to transfer entitlement 
     to educational assistance under this section--
       ``(1) has completed at least 10 years of service in the 
     uniformed services, not fewer than six of which were service 
     in the Armed Forces;
       ``(2) is a member of the uniformed services who--
       ``(A) is not an individual described in paragraph (1);
       ``(B) has served at least six years in the Armed Forces;
       ``(C) enters into an agreement to serve as a member of the 
     uniformed services for a period that is no less than the 
     difference between--

[[Page S3268]]

       ``(i) 10 years; and
       ``(ii) the period the individual has already served in the 
     uniformed services; or
       ``(3) is described in section 3311(b)(10).''.
       (2) Conforming amendments.--Such section is amended--
       (A) in subsection (a)--
       (i) by striking paragraph (2); and
       (ii) in paragraph (1), by striking ``(1)'';
       (B) in subsection (i)(2), by striking ``under subsection 
     (b)(1)'' and inserting ``under subsection (b)(2)(C)''; and
       (C) in subsection (j)(2)--
       (i) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (ii) by striking subparagraph (B); and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B).
       (b) Modification of Time to Transfer.--
       (1) In general.--Paragraph (1) of subsection (f) of such 
     section is amended to read as follows:
       ``(1) Time for transfer.--Subject to the time limitation 
     for use of entitlement under section 3321 of this title, and 
     except as provided in subsection (k), an individual approved 
     to transfer entitlement to educational assistance under this 
     section may transfer such entitlement at any time.''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) by amending subsection (g) to read as follows:
       ``(g) Commencement of Use.--If a dependent to whom 
     entitlement to educational assistance is transferred under 
     this section is a child, the dependent may not commence the 
     use of the transferred entitlement until either--
       ``(1) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(2) the attainment by the child of 18 years of age.'';
       (B) by striking subsection (k); and
       (C) by redesignating subsection (l) as subsection (k).
                                 ______
                                 
  SA 1776. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military 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 VI, add the following:

   Subtitle E--Arbitration Rights of Members of the Armed Forces and 
                                Veterans

     SEC. 641. SHORT TITLE.

       This subtitle may be cited as the ``Justice for 
     Servicemembers Act''.

     SEC. 642. PURPOSES.

       The purposes of this subtitle are--
       (1) to prohibit predispute arbitration agreements that 
     force arbitration of disputes arising from claims brought 
     under chapter 43 of title 38, United States Code, and the 
     Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.); and
       (2) to prohibit agreements and practices that interfere 
     with the right of persons to participate in a joint, class, 
     or collective action related to disputes arising from claims 
     brought under the provisions of the laws described in 
     paragraph (1).

     SEC. 643. ARBITRATION OF DISPUTES INVOLVING THE RIGHTS OF 
                   SERVICEMEMBERS AND VETERANS.

       (a) In General.--Title 9, United States Code, is amended by 
     adding at the end the following:

     ``CHAPTER 4--ARBITRATION OF SERVICEMEMBER AND VETERAN DISPUTES

``Sec.
``401. Definitions.
``402. No validity or enforceability.

     ``Sec. 401. Definitions

       ``In this chapter--
       ``(1) the term `predispute arbitration agreement' means an 
     agreement to arbitrate a dispute that has not yet arisen at 
     the time of the making of the agreement; and
       ``(2) the term `predispute joint-action waiver' means an 
     agreement, whether or not part of a predispute arbitration 
     agreement, that would prohibit, or waive the right of, one of 
     the parties to the agreement to participate in a joint, 
     class, or collective action in a judicial, arbitral, 
     administrative, or other forum, concerning a dispute that has 
     not yet arisen at the time of the making of the agreement.

     ``Sec. 402. No validity or enforceability

       ``(a) In General.--Notwithstanding any other provision of 
     this title, no predispute arbitration agreement or predispute 
     joint-action waiver shall be valid or enforceable with 
     respect to a dispute relating to disputes arising under 
     chapter 43 of title 38 or the Servicemembers Civil Relief Act 
     (50 U.S.C. 3901 et seq.).
       ``(b) Applicability.--
       ``(1) In general.--An issue as to whether this chapter 
     applies with respect to a dispute shall be determined under 
     Federal law. The applicability of this chapter to an 
     agreement to arbitrate and the validity and enforceability of 
     an agreement to which this chapter applies shall be 
     determined by a court, rather than an arbitrator, 
     irrespective of whether the party resisting arbitration 
     challenges the arbitration agreement specifically or in 
     conjunction with other terms of the contract containing such 
     agreement, and irrespective of whether the agreement purports 
     to delegate such determinations to an arbitrator.
       ``(2) Collective bargaining agreements.--Nothing in this 
     chapter shall apply to any arbitration provision in a 
     contract between an employer and a labor organization or 
     between labor organizations, except that no such arbitration 
     provision shall have the effect of waiving the right of a 
     worker to seek judicial enforcement of a right arising under 
     a provision of the Constitution of the United States, a State 
     constitution, or a Federal or State statute, or public policy 
     arising therefrom.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Title 9, United States Code, is amended--
       (A) in section 1 by striking ``of seamen,'' and all that 
     follows through ``interstate commerce'' and inserting 
     ``persons and causes of action under chapter 43 of title 38 
     or the Servicemembers Civil Relief Act (50 U.S.C. 3901 et 
     seq.)'';
       (B) in section 2 by inserting ``or as otherwise provided in 
     chapter 4'' before the period at the end;
       (C) in section 208--
       (i) in the section heading, by striking ``Chapter 1; 
     residual application'' and inserting ``Application''; and
       (ii) by adding at the end the following: ``This chapter 
     applies to the extent that this chapter is not in conflict 
     with chapter 4.''; and
       (D) in section 307--
       (i) in the section heading, by striking ``Chapter 1; 
     residual application'' and inserting ``Application''; and
       (ii) by adding at the end the following: ``This chapter 
     applies to the extent that this chapter is not in conflict 
     with chapter 4.''.
       (2) Table of sections.--
       (A) Chapter 2.--The table of sections for chapter 2 of 
     title 9, United States Code, is amended by striking the item 
     relating to section 208 and inserting the following:

``208. Application.''.
       (B) Chapter 3.--The table of sections for chapter 3 of 
     title 9, United States Code, is amended by striking the item 
     relating to section 307 and inserting the following:

``307. Application.''.
       (3) Table of chapters.--The table of chapters of title 9, 
     United States Code, is amended by adding at the end the 
     following:

``4. Arbitration of servicemember and veteran disputes...........401''.

     SEC. 644. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS 
                   UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

       (a) Amendments.--Section 107(a) of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3918(a)) is amended--
       (1) in the second sentence, by inserting ``and if it is 
     made after a specific dispute has arisen and the dispute is 
     identified in the waiver'' before the period at the end; and
       (2) in the third sentence by inserting ``and if it is made 
     after a specific dispute has arisen and the dispute is 
     identified in the waiver'' before the period at the end.
       (b) Application of Amendments.--The amendments made by 
     subsection (a) shall apply with respect to waivers made on or 
     after the date of the enactment of this Act.

     SEC. 645. APPLICABILITY.

       This subtitle, and the amendments made by this subtitle, 
     shall apply with respect to any dispute or claim that arises 
     or accrues on or after the date of enactment of this Act.
                                 ______
                                 
  SA 1777. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 4049, to authorize appropriations for 
fiscal year 2021 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1085. REMOVAL OF LIMITATION ON REIMBURSEMENT FOR 
                   EMERGENCY TREATMENT OF AMOUNTS OWED TO A THIRD 
                   PARTY OR FOR WHICH THE VETERAN IS RESPONSIBLE 
                   UNDER A HEALTH-PLAN CONTRACT.

       (a) In General.--Subsection (c)(4) of section 1725 of title 
     38, United States Code, is amended by striking subparagraph 
     (D).
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall apply with respect to any reimbursement 
     request under section 1725 of such title submitted to the 
     Department of Veterans Affairs for emergency treatment 
     furnished on or after February 1, 2010.
       (c) Impact on Existing Court Case.--Nothing in this section 
     or the amendment made by this section shall limit the rights 
     of any member of the Wolfe class seeking relief in Wolfe v. 
     Wilkie, No. 18-6091 (Vet. App. filed October 30, 2018).
       (d) Definitions.--In this section:
       (1) Emergency treatment; health-plan contract.--The terms 
     ``emergency treatment'' and ``health-plan contract'' have the 
     meanings given those terms in section 1725(f) of title 38, 
     United States Code.
       (2) Reimbursement request.--The term ``reimbursement 
     request'' includes any claim by a veteran for reimbursement 
     of a copayment, deductible, coinsurance, or similar

[[Page S3269]]

     payment for emergency treatment furnished to the veteran in a 
     non-Department of Veterans Affairs facility and made by a 
     veteran who had coverage under a health-plan contract, 
     including any claim for the reasonable value of emergency 
     treatment that was rejected or denied by the Department of 
     Veterans Affairs, whether the rejection or denial was final 
     or not.
                                 ______
                                 
  SA 1778. Ms. DUCKWORTH (for herself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 355. REPORT ON HAZARDOUS WASTE INCINERATORS USED TO 
                   DISPOSE OF PERFLUOROALKYL AND POLYFLUOROALKYL 
                   SUBSTANCES AND PERFLUOROOCTANOIC ACID.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report that identifies 
     each hazardous waste incinerator used by the Department of 
     Defense to dispose of perfluoroalkyl substances, 
     polyfluoroalkyl substances, and perfluorooctanoic acid.
                                 ______
                                 
  SA 1779. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1262. PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH 
                   SOUTHEAST ASIAN COUNTRIES.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Secretary of State, may establish a pilot program--
       (1) to enhance the cyber security, resilience, and 
     readiness of United States partners in Southeast Asia; and
       (2) to increase regional cooperation between the United 
     States and Southeast Asian countries on cyber issues.
       (b) Locations.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall identify not fewer than 
     three pilot countries in Southeast Asia, including Vietnam, 
     in which the pilot program under subsection (a) may be 
     carried out.
       (c) Elements.--The activities of the pilot program under 
     subsection (a) shall include the following:
       (1) Provision of training to cybersecurity and computer 
     science professionals in the pilot countries identified under 
     subsection (b).
       (2) An expansion of the capacity of organizations involved 
     in the training of such cybersecurity and computer science 
     professionals.
       (3) The facilitation of regular policy dialogues between 
     and among the United States Government and the governments of 
     such pilot countries with respect to the development of 
     infrastructure to protect against cyber attacks.
       (4) An evaluation of legal and other barriers to reforms 
     relevant to cybersecurity and technology in such pilot 
     countries.
       (5) A feasibility study on establishing a public-private 
     partnership to build cloud-computing capacity in such pilot 
     countries and in Southeast Asia more broadly.
       (6) The development of cooperative exercises, to be carried 
     out in future years, to enhance collaboration between the 
     United States Government and the governments of such pilot 
     countries.
       (d) Funding.--The Secretary of Defense may use amounts 
     provided through grants under section 211 of the Vietnam 
     Education Foundation Act of 2000 (title II of division B of 
     H.R. 5666, as enacted by section 1(a)(4) of Public Law 106-
     554 and contained in appendix D of that Act; 114 Stat. 2763A-
     254; 22 U.S.C. 2452 note), as added by section 7085 of the 
     Consolidated and Further Appropriations Act, 2015 (Public Law 
     113-235; 128 Stat. 2685), to carry out the pilot program 
     under subsection (a).
       (e) Reports.--
       (1) Design of pilot program.--Not later than June 1, 2021, 
     the Secretary of Defense, in consultation with the Secretary 
     of State, shall submit to the appropriate committees of 
     Congress a report on the design of the pilot program under 
     subsection (a).
       (2) Progress report.--Not later than December 31, 2021, the 
     Secretary of Defense, in consultation with the Secretary of 
     State, shall submit to the appropriate committees of Congress 
     a report on the pilot program under subsection (a) that 
     includes--
       (A) a description of the activities conducted and the 
     results of such activities; and
       (B) an assessment of legal and other barriers to reforms 
     relevant to cybersecurity and technology in the pilot 
     countries identified under subsection (b).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for fiscal year 2021 to carry 
     out this section.
       (g) Offset.--The amount authorized to be appropriated by 
     this Act for operation and maintenance, Navy, and available 
     for SAG 1CCS for military information support operations, is 
     hereby reduced by $5,000,000.
       (h) 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 1780. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1262. PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH 
                   SOUTHEAST ASIAN COUNTRIES.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall establish a pilot 
     program--
       (1) to enhance the cyber security, resilience, and 
     readiness of United States partners in Southeast Asia; and
       (2) to increase regional cooperation between the United 
     States and Southeast Asian countries on cyber issues.
       (b) Locations.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall identify not fewer than 
     three pilot countries in Southeast Asia, including Vietnam, 
     in which the pilot program under subsection (a) shall be 
     carried out.
       (c) Elements.--The activities of the pilot program under 
     subsection (a) shall include the following:
       (1) Provision of training to cybersecurity and computer 
     science professionals in the pilot countries identified under 
     subsection (b).
       (2) An expansion of the capacity of organizations involved 
     in the training of such cybersecurity and computer science 
     professionals.
       (3) The facilitation of regular policy dialogues between 
     and among the United States Government and the governments of 
     such pilot countries with respect to the development of 
     infrastructure to protect against cyber attacks.
       (4) An evaluation of legal and other barriers to reforms 
     relevant to cybersecurity and technology in such pilot 
     countries.
       (5) A feasibility study on establishing a public-private 
     partnership to build cloud-computing capacity in such pilot 
     countries and in Southeast Asia more broadly.
       (6) The development of cooperative exercises, to be carried 
     out in future years, to enhance collaboration between the 
     United States Government and the governments of such pilot 
     countries.
       (d) Funding.--The Secretary of Defense may use amounts 
     provided through grants under section 211 of the Vietnam 
     Education Foundation Act of 2000 (title II of division B of 
     H.R. 5666, as enacted by section 1(a)(4) of Public Law 106-
     554 and contained in appendix D of that Act; 114 Stat. 2763A-
     254; 22 U.S.C. 2452 note), as added by section 7085 of the 
     Consolidated and Further Appropriations Act, 2015 (Public Law 
     113-235; 128 Stat. 2685), to carry out the pilot program 
     under subsection (a).
       (e) Reports.--
       (1) Design of pilot program.--Not later than June 1, 2021, 
     the Secretary of Defense, in consultation with the Secretary 
     of State, shall submit to the appropriate committees of 
     Congress a report on the design of the pilot program under 
     subsection (a).
       (2) Progress report.--Not later than December 31, 2021, the 
     Secretary of Defense, in consultation with the Secretary of 
     State, shall submit to the appropriate committees of Congress 
     a report on the pilot program under subsection (a) that 
     includes--
       (A) a description of the activities conducted and the 
     results of such activities; and
       (B) an assessment of legal and other barriers to reforms 
     relevant to cybersecurity and technology in the pilot 
     countries identified under subsection (b).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for fiscal year 2021 to carry 
     out this section.
       (g) Offset.--The amount authorized to be appropriated by 
     this Act for operation and maintenance, Navy, and available 
     for SAG 1CCS for military information support operations, is 
     hereby reduced by $5,000,000.
       (h) 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 1781. Ms. COLLINS (for herself and Mr. King) submitted an 
amendment intended to be proposed by her to

[[Page S3270]]

the bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. LIMITATION ON ALTERATION OF NAVY FLEET MIX.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States shipbuilding and supporting vendor 
     base constitute a national security imperative that is unique 
     and must be protected;
       (2) a healthy and efficient industrial base continues to be 
     a fundamental driver for achieving and sustaining a 
     successful shipbuilding procurement strategy;
       (3) without consistent and continuous commitment to steady 
     and predictable acquisition profiles, the industrial base 
     will struggle and some elements may not survive; and
       (4) proposed reductions in the future-years defense program 
     to the DDG-51 Destroyer procurement profile without a clear 
     transition to procurement of the next Large Surface Combatant 
     would adversely affect the shipbuilding industrial base and 
     long-term strategic objectives of the Navy.
       (b) Limitation.--
       (1) In general.--The Secretary of the Navy may not deviate 
     from the 2016 Navy Force Structure Assessment to implement 
     the results of a new force structure assessment or new annual 
     long-range plan for construction of naval vessels that would 
     reduce the requirement for Large Surface Combatants to fewer 
     than 104 such vessels until the date on which the Secretary 
     of the Navy submits to the congressional defense committees 
     the certification under paragraph (1) and the report under 
     subsection (c).
       (2) Certification.--The certification referred to in 
     paragraph (1) is a certification, in writing, that each of 
     the following conditions have been satisfied:
       (A) The large surface combatant shipbuilding industrial 
     base and supporting vendor base would not significantly 
     deteriorate due to a reduced procurement profile.
       (B) All current shipbuilders of large surface combatants 
     will remain viable, in terms of sufficient new construction 
     ship procurement, to construct the next class of Large 
     Surface Combatants.
       (C) The Navy can mitigate the reduction in anti-air and 
     ballistic missile defense capabilities due to having a 
     reduced number of DDG-51 Destroyers with the advanced AN/SPY-
     6 radar in the next three decades.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of the Navy shall submit 
     to the congressional defense committees a report that 
     includes--
       (1) a description of likely detrimental impacts to the 
     large surface combatant industrial base and the Navy's plan 
     to mitigate any such impacts if the fiscal year 2021 future-
     years defense program were implemented as proposed;
       (2) a review of the benefits to the Navy fleet of the new 
     AN/SPY-6 radar to be deployed aboard Flight III variant DDG-
     51 Destroyers, which are currently under construction, as 
     well as an analysis of impacts to the fleet's warfighting 
     capabilities, should the number of such destroyers be 
     reduced; and
       (3) a plan to fully implement section 131 of the National 
     Defense Authorization for Fiscal Year 2020 (Public Law 116-
     92), including subsystem prototyping efforts and funding by 
     fiscal year.
                                 ______
                                 
  SA 1782. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. STUDY AND REPORT ON SURGE CAPACITY OF DEPARTMENT OF 
                   DEFENSE TO ESTABLISH NEGATIVE AIR ROOM 
                   CONTAINMENT SYSTEMS IN MILITARY MEDICAL 
                   TREATMENT FACILITIES.

       (a) Study.--The Director of the Defense Health Agency shall 
     conduct a study on the use, scalability, and military 
     requirements for commercial off the shelf negative air 
     pressure room containment systems in order to improve 
     pandemic preparedness at military medical treatment 
     facilities worldwide, to include an assessment of whether 
     such systems would improve the readiness of the Department of 
     Defense to expand capability and capacity to evaluate and 
     treat patients at such facilities during a pandemic.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the Defense Health 
     Agency shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     findings of the study conducted under subsection (a).
                                 ______
                                 
  SA 1783. Mr. MENENDEZ (for himself, Mr. Cramer, Mr. Booker, Mr. 
Daines, and Mr. Tester) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, 
                   MEDICAL SERVICES, AND NURSING HOME CARE FROM 
                   THE DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE 
                   VETERANS OF WORLD WAR II.

       Section 1710(a)(2)(E) of title 38, United States Code, is 
     amended by striking ``of the Mexican border period or of 
     World War I;'' and inserting ``of--
       ``(i) the Mexican border period;
       ``(ii) World War I; or
       ``(iii) World War II;''.
                                 ______
                                 
  SA 1784. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON REGULATIONS AND PROCEDURES TO IMPLEMENT 
                   PROGRAMS ON AWARD OF MEDALS OR COMMENDATIONS TO 
                   HANDLERS OF MILITARY WORKING DOGS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the regulations and other 
     procedures prescribed by the Secretaries of the military 
     departments in order to implement and carry out the programs 
     of the military departments on the award of medals or other 
     commendations to handlers of military working dogs required 
     by section 582 of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (Public Law 115-232; 
     132 Stat. 1787; 10 U.S.C. 1121 note prec.).
                                 ______
                                 
  SA 1785. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   HANDLING BY DEPARTMENT OF VETERANS AFFAIRS OF 
                   DISABILITY-RELATED BENEFITS CLAIMS BY VETERANS 
                   WITH TYPE 1 DIABETES WHO WERE EXPOSED TO A 
                   HERBICIDE AGENT.

       The Comptroller General of the United States shall submit 
     to Congress a report evaluating how the Department of 
     Veterans Affairs has handled claims for disability-related 
     benefits under laws administered by the Secretary of Veterans 
     Affairs of veterans with type 1 diabetes who have been 
     exposed to a herbicide agent (as defined in section 
     1116(a)(3) of title 38, United States Code).
                                 ______
                                 
  SA 1786. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3__. AVAILABILITY OF RESEARCH, DEVELOPMENT, TEST, AND 
                   EVALUATION FUNDS FOR REVITALIZATION OF LAB 
                   FACILITIES OF THE DEPARTMENT OF DEFENSE THAT 
                   SUPPORT ACQUISITION PROGRAMS.

       The Secretary of a military department may make amounts 
     available to the military department for research, 
     development, test, and evaluation available to an acquisition 
     program executive office of the military department for minor 
     military construction projects for revitalization of lab 
     facilities of the Department of Defense that support 
     acquisition programs.
                                 ______
                                 
  SA 1787. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department

[[Page S3271]]

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

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

     SEC. 1064. REPORT ON PANDEMIC PREPAREDNESS AND PLANNING OF 
                   THE NAVY.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of the Navy shall submit to the 
     congressional defense committees a report containing a 
     description of the plans of the Navy to prepare for and 
     respond to future pandemics, including future outbreaks of 
     the Coronavirus Disease 2019 (COVID-19). The report shall 
     include a written description of plans, including any 
     necessary corresponding budgetary actions, for the following:
       (1) Efforts to prevent and mitigate the impacts of future 
     pandemics at both private and public shipyards, and to 
     protect the health and safety of both military personnel and 
     civilian workers at such shipyards.
       (2) Protocol and mitigation strategies once an outbreak of 
     a highly contagious illness occurs aboard a Navy vessel while 
     underway.
       (3) Development and adoption of technologies and protocols 
     to prevent and mitigate the spread of future pandemics aboard 
     Navy ships and among Navy personnel, including technologies 
     and protocols in connection with the following:
       (A) Artificial intelligence and data-driven infectious 
     disease modeling and interventions.
       (B) Shipboard airflow management and disinfectant 
     technologies.
       (C) Personal protective equipment, sensors, and diagnostic 
     systems.
       (D) Minimally crewed and autonomous supply vehicles.
                                 ______
                                 
  SA 1788. Mr. SANDERS (for himself and Mr. Markey) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED 
                   FOR FISCAL YEAR 2021 BY THIS ACT; ESTABLISHMENT 
                   OF GRANT PROGRAM TO REDUCE POVERTY AND INVEST 
                   IN DISTRESSED COMMUNITIES.

       (a) In General.--The amount authorized to be appropriated 
     for fiscal year 2021 by this Act is--
       (1) the aggregate amount authorized to be appropriated for 
     fiscal year 2021 by this Act (other than for military 
     personnel and the Defense Health Program); minus
       (2) the amount equal to 14 percent of the aggregate amount 
     described in paragraph (1).
       (b) Allocation.--The reduction made by subsection (a) 
     shall--
       (1) apply on a pro rata basis among the accounts and funds 
     for which amounts are authorized to be appropriated by this 
     Act (other than military personnel and the Defense Health 
     Program);
       (2) be applied on a pro rata basis across each program, 
     project, and activity funded by the account or fund 
     concerned; and
       (3) be used by the Secretary of the Treasury to carry out 
     the grant program described in subsection (c).
       (c) Grant Program.--
       (1) Establishment.--There is established in the Department 
     of the Treasury a grant program through which the Secretary 
     of the Treasury shall, in coordination with the Secretary of 
     Education, the Secretary of Health and Human Services, the 
     Secretary of Agriculture, the Secretary of Housing and Urban 
     Development, the Secretary of the Interior, and the 
     Administrator of the Environmental Protection Agency, provide 
     grants to eligible entities in accordance with the 
     requirements of this subsection.
       (2) Application.--An eligible entity that desires a grant 
     under this subsection shall submit to the Secretary of the 
     Treasury an application in such form and containing such 
     information as the Secretary may require.
       (3) Purposes.--
       (A) Permissible purposes.--An eligible entity that receives 
     a grant under this subsection may use the grant funds for any 
     of the following:
       (i) To construct, renovate, retrofit, or perform 
     maintenance with respect to an affordable housing unit, a 
     public school, a childcare facility, a community health 
     center, a public hospital, a library, or a clean drinking 
     water facility if any such building or facility is located 
     within the jurisdiction of the eligible entity.
       (ii) To remove contaminants, including lead, from 
     infrastructure with respect to the provision of drinking 
     water if that infrastructure is located within the 
     jurisdiction of the eligible entity.
       (iii) To replace, remove, or renovate a vacant or blighted 
     property that is located within the jurisdiction of the 
     eligible entity.
       (iv) To hire public school teachers to reduce class size at 
     public schools within the jurisdiction of the eligible 
     entity.
       (v) To increase the pay of teachers at public schools 
     within the jurisdiction of the eligible entity.
       (vi) To provide nutritious meals to children and parents 
     who live within the jurisdiction of the eligible entity.
       (vii) To provide free tuition to residents within the 
     jurisdiction of the eligible entity to attend public 
     institutions of higher education, including vocational and 
     trade schools.
       (viii) To provide rental assistance to residents within the 
     jurisdiction of the eligible entity.
       (ix) To reduce or eliminate homelessness within the 
     jurisdiction of the eligible entity.
       (B) Impermissible purposes.--An eligible entity that 
     receives a grant under this subsection may not use the grant 
     funds--
       (i) to construct a law enforcement facility, including a 
     prison or a jail; or
       (ii) to purchase a vehicle for a law enforcement agency.
       (4) Definitions.--In this subsection--
       (A) the term ``eligible entity'' means--
       (i) a county government with respect to a high-poverty 
     county;
       (ii) a local or municipal government within the 
     jurisdiction of which there are not fewer than 5 high-poverty 
     neighborhoods; and
       (iii) a federally recognized Indian Tribe that exercises 
     jurisdiction over Indian lands (as defined in section 824(b) 
     of the Indian Health Care Improvement Act (25 U.S.C. 
     1680n(b))) that contain high-poverty neighborhoods;
       (B) the term ``high-poverty county'' means a county with a 
     poverty rate of not less than 25 percent, according to the 
     Small Area Income and Poverty Estimates of the Bureau of the 
     Census for 2018;
       (C) the term ``high-poverty neighborhood'' means a census 
     tract with a poverty rate of not less than 25 percent, 
     according to the 5-year estimate of the American Community 
     Survey of the Bureau of the Census for years 2014 through 
     2018; and
       (D) the term ``public school'' means a public elementary 
     school or secondary school, as those terms are defined in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
                                 ______
                                 
  SA 1789. Mr. SANDERS (for himself, Mr. Grassley, Mr. Wyden, and Mr. 
Lee) submitted an amendment intended to be proposed by him to the bill 
S. 4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10___. DEPARTMENT OF DEFENSE SPENDING REDUCTIONS IN THE 
                   ABSENCE OF AN UNQUALIFIED AUDIT OPINION.

       If during any fiscal year after fiscal year 2025, the 
     Secretary of Defense determines that a department, agency, or 
     other element of the Department of Defense has not achieved 
     an unqualified opinion on its full financial statements for 
     the calendar year ending during such fiscal year--
       (1) the amount available to such department, agency, or 
     element for the fiscal year in which such determination is 
     made shall be equal to--
       (A) the amount otherwise authorized to be appropriated for 
     such department, agency, or element for the fiscal year; 
     minus
       (B) the lesser of--
       (i) an amount equal to 0.5 percent of the amount described 
     in subparagraph (A); or
       (ii) $100,000,000;
       (2) the amount unavailable to such department, agency, or 
     element for that fiscal year pursuant to paragraph (1) shall 
     be applied on a pro rata basis against each program, project, 
     and activity of such department, agency, or element in that 
     fiscal year; and
       (3) the Secretary shall deposit in the general fund of the 
     Treasury for purposes of deficit reduction all amounts 
     unavailable to departments, agencies, and elements of the 
     Department in the fiscal year pursuant to determinations made 
     under paragraph (1).
                                 ______
                                 
  SA 1790. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED 
                   FOR FISCAL YEAR 2021 BY THIS ACT.

       (a) In General.--The amount authorized to be appropriated 
     for fiscal year 2021 by this Act is--
       (1) the aggregate amount authorized to be appropriated for 
     fiscal year 2021 by this Act (other than for military 
     personnel and the Defense Health Program); minus
       (2) the amount equal to 14 percent of the aggregate amount 
     described in paragraph (1).
       (b) Allocation.--The reduction made by subsection (a) shall 
     apply on a pro rata basis

[[Page S3272]]

     among the accounts and funds for which amounts are authorized 
     to be appropriated by this Act (other than military personnel 
     and the Defense Health Program), and shall be applied on a 
     pro rata basis across each program, project, and activity 
     funded by the account or fund concerned.
                                 ______
                                 
  SA 1791. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ASSISTANCE FOR DEPLOYMENT-RELATED SUPPORT OF 
                   MEMBERS OF THE ARMED FORCES UNDERGOING 
                   DEPLOYMENT AND THEIR FAMILIES BEYOND THE YELLOW 
                   RIBBON REINTEGRATION PROGRAM.

       Section 582 of the National Defense Authorization Act for 
     Fiscal Year 2008 (10 U.S.C. 10101 note) is amended--
       (1) by redesignating subsections (k) and (l) as subsections 
     (l) and (m), respectively; and
       (2) by inserting after subsection (j) the following new 
     subsection (k):
       ``(k) Support Beyond Program.--The Secretary of Defense 
     shall provide funds to States, Territories, and government 
     entities to carry out programs, and other activities as the 
     Secretary considers appropriate, that provide deployment 
     cycle information, services, and referrals to members of the 
     armed forces, and their families, throughout the deployment 
     cycle. Such programs may include the provision of access to 
     outreach services, including the following:
       ``(1) Employment counseling.
       ``(2) Behavioral health counseling.
       ``(3) Suicide prevention.
       ``(4) Housing advocacy.
       ``(5) Financial counseling.
       ``(6) Referrals for the receipt of other related 
     services.''.
                                 ______
                                 
  SA 1792. Mr. DURBIN (for himself, Mr. Paul, Ms. Duckworth, and Mr. 
Lee) submitted an amendment intended to be proposed by him to the bill 
S. 4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. LIMITATION ON USE OF FUNDS ON MILITARY OPERATIONS 
                   INVOLVING HOSTILITIES USING AUTHORITY OF 
                   DECLARATION OF WAR OR AUTHORIZATION FOR USE OF 
                   MILITARY FORCE ENACTED MORE THAN 10 YEARS 
                   PREVIOUSLY.

       No amounts authorized to be appropriated or otherwise made 
     available for the Department of Defense may be used for 
     military operations involving hostilities, except in cases of 
     self defense, based solely on the authority of a declaration 
     of war or Authorization for Use of Military Force enacted 
     more than ten years before such use.
                                 ______
                                 
  SA 1793. Mr. DURBIN (for himself, Mr. Leahy, Mr. Udall, Mr. Murphy, 
and Mr. Tester) submitted an amendment intended to be proposed by him 
to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A , insert the 
     following:

     SEC. ___. PROHIBITION ON USE OF NATIONAL DEFENSE FUNDS FOR 
                   PHYSICAL BARRIER ALONG THE SOUTHERN BORDER.

       (a) Prohibition.--National defense funds may not be 
     obligated, expended, or otherwise used to design or carry out 
     a project to construct, replace, or modify a wall, fence, or 
     other physical barrier along the international border between 
     the United States and Mexico.
       (b) National Defense Funds Defined.--In this section, the 
     term ``national defense funds'' means--
       (1) amounts authorized to be appropriated for any purpose 
     under this division or authorized to be appropriated in 
     division A of any National Defense Authorization Act for any 
     of the fiscal years 2016 through 2020, including any amounts 
     of such an authorization made available to the Department of 
     Defense and transferred to another authorization by the 
     Secretary of Defense pursuant to transfer authority available 
     to the Secretary; and
       (2) amounts appropriated in any Act pursuant to an 
     authorization of appropriations described in paragraph (1).
                                 ______
                                 
  SA 1794. Mr. DURBIN (for himself, Mr. Cardin, and Mr. Van Hollen) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 12__. LIMITATION ON SECURITY ASSISTANCE TO CAMEROON.

       (a) In General.--Except as provided in subsection (b), no 
     Federal funds may be obligated or expended to provide any 
     security assistance or to engage in any security cooperation 
     with the military and security forces of Cameroon until the 
     date on which the Secretary of Defense, in consultation with 
     the Secretary of State, certifies to the appropriate 
     committees of Congress that such military and security 
     forces--
       (1) have demonstrated significant progress in abiding by 
     international human rights standards and preventing abuses in 
     the Anglophone conflict; and
       (2) are not using any United States assistance in carrying 
     out such abuses.
       (b) Exception.--Notwithstanding subsection (a), Federal 
     funds may be obligated or expended to conduct or support 
     programs providing training and equipment to national 
     security forces of Cameroon for the purposes of 
     counterterrorism operations in the fight against Boko Haram.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 1795. Mr. DURBIN (for himself, Ms. Duckworth, Mr. Perdue, Mr. 
Blumenthal, Mr. Jones, Mr. Murphy, and Mr. Casey) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 752. PILOT PROGRAM TO PROMOTE MILITARY READINESS IN THE 
                   PROVISION OF PROSTHETIC AND ORTHOTIC CARE.

       (a) Grants Required.--
       (1) In general.--The Secretary of Defense shall carry out a 
     pilot program to assess the feasibility and advisability of 
     awarding grants to institutions determined by the Secretary 
     to be eligible for the award of such grants to enable such 
     institutions to establish or expand an existing accredited 
     master's degree program in orthotics and prosthetics.
       (2) Priority.--The Secretary shall give priority in the 
     award of grants under this section to institutions that have 
     entered into a partnership with a public or private sector 
     entity, including a facility administered by the Department 
     of Defense, that offers students training or experience in 
     meeting the unique needs of members of the Armed Forces who 
     have experienced limb loss or limb impairment, including by 
     offering clinical rotations at a public or private sector 
     orthotics and prosthetics practice that serves members of the 
     Armed Forces or veterans.
       (3) Future preference.--In fiscal years after fiscal year 
     2021, the Secretary shall give preference in the award of 
     grants under this section to qualified, eligible applicants 
     for such grants that were not awarded a grant in fiscal year 
     2021.
       (b) Applications.--
       (1) Request for proposals.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue a request for proposals from institutions eligible for 
     grants under this section.
       (2) Application.--An institution that seeks the award of a 
     grant under this section shall submit to the Secretary an 
     application therefor at such time, in such manner, and 
     accompanied by such information as the Secretary may require, 
     including--
       (A) demonstration of a willingness and ability to 
     participate in a partnership described in subsection (a)(2); 
     and
       (B) demonstration of an ability to achieve and maintain an 
     accredited orthotics and prosthetics program after the end of 
     the grant period.
       (c) Grant Uses.--An institution awarded a grant under this 
     section shall use grant amounts for any purpose as follows:
       (1) To establish or expand an accredited orthotics and 
     prosthetics master's degree program.
       (2) To train doctoral candidates in orthotics and 
     prosthetics, or in fields related

[[Page S3273]]

     to orthotics and prosthetics, to prepare such candidates to 
     instruct in orthotics and prosthetics programs.
       (3) To train and retain faculty in orthotics and 
     prosthetics education, or in fields related to orthotics and 
     prosthetics education, to prepare such faculty to instruct in 
     orthotics and prosthetics programs.
       (4) To fund faculty research projects or faculty time to 
     undertake research in orthotics and prosthetics for the 
     purpose of furthering the teaching abilities of such faculty.
       (5) To acquire equipment for orthotics and prosthetics 
     education.
       (d) Admissions Preference.--To the extent practicable, an 
     institution awarded a grant under this section shall give 
     preference to veterans in admission to the master's degree 
     program in orthotics and prosthetics established or expanded 
     under this section.
       (e) Limitation on Grant Amount.--The amount of any grant 
     awarded to an institution under this section may not exceed 
     $3,000,000.
       (f) Period of Use of Funds.--An institution awarded a grant 
     under this section may use the grant amount for a period of 
     three years after the award of the grant.
       (g) Report.--
       (1) In general.--Not later than 90 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 of 
     Representatives a report on the pilot program conducted under 
     this section.
       (2) Elements.--The report required by paragraph (1) shall 
     include a description of the pilot program and other such 
     matters relating to the pilot program as the Secretary 
     considers appropriate.

                          ____________________