TEXT OF AMENDMENTS; Congressional Record Vol. 166, No. 119
(Senate - June 29, 2020)

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[Pages S3658-S3976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2214. 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

[[Page S3659]]

     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 the standards, frameworks, and benchmarks 
     identified under subsection (c);
       (4) permit a manufacturer or distributor of a critical 
     information and communication technology to display a 
     certificate reflecting the extent to which the covered 
     product meets the standards, frameworks, and benchmarks 
     identified under subsection (c);
       (5) remove the certification of a critical information and 
     communication technology as a critical information and 
     communication technology certified under the program if the 
     manufacturer of the certified critical information and 
     communication technology falls out of conformity with 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 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 identifying and 
     harmonizing the 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 
     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 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 2215. 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,

[[Page S3660]]

to 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.

       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 2216. 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 end of subtitle E of title XII, add the following:

     SEC. 1262. SENSE OF SENATE ON SECURITY COOPERATION WITH JAPAN 
                   AND AUSTRALIA.

       It is the sense of the Senate that it should be the policy 
     of the United States to continue to develop security 
     cooperation efforts with the Government of Japan and the 
     Government of Australia and strengthen military engagement in 
     the Indo-Pacific region by--
       (1) developing a regular trilateral exercise for amphibious 
     operations among the United States, Japan, and Australia;
       (2) conducting frequent submarine and anti-submarine 
     warfare exercises;
       (3) taking advantage of opportunities to build trilateral 
     humanitarian assistance and disaster response operational 
     expertise;
       (4) cooperating on development of next-generation 
     platforms;
       (5) exploring opportunities to share, develop, and leverage 
     logistics and distribution capabilities throughout the Indo-
     Pacific region; and
       (6) encouraging annual leader-level meetings.
                                 ______
                                 
  SA 2217. Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Blumenthal, Ms. 
Rosen, Ms. Harris, and Mr. Markey) 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. 752. STUDY ON THE INCIDENCE OF CANCER DIAGNOSIS AND 
                   MORTALITY AMONG MILITARY AVIATORS AND AVIATION 
                   SUPPORT PERSONNEL.

       (a) Study.--
       (1) In general.--The Secretary of Defense, in conjunction 
     with the National Institutes of Health and the National 
     Cancer Institute, shall conduct a study on cancer among 
     covered individuals in two phases as provided in this 
     subsection.
       (2) Phase 1.--
       (A) In general.--Under the initial phase of the study 
     conducted under paragraph (1), the Secretary of Defense shall 
     determine if there is a higher incidence of cancers occurring 
     for covered individuals as compared to similar age groups in 
     the general population through the use of the database of the 
     Surveillance, Epidemiology, and End Results program of the 
     National Cancer Institute.
       (B) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the findings 
     of the initial phase of the study under subparagraph (A).
       (3) Phase 2.--
       (A) In general.--If, pursuant to the initial phase of the 
     study under paragraph (2), the Secretary concludes that there 
     is an increased rate of cancers among covered individuals, 
     the Secretary shall conduct a second phase of the study under 
     which the Secretary shall do the following:
       (i) Identify the carcinogenic toxins or hazardous materials 
     associated with military flight operations from shipboard or 
     land bases or facilities, such as fuels, fumes, and other 
     liquids.
       (ii) Identify the operating environments, including 
     frequencies or electromagnetic fields, where exposure to 
     ionizing radiation (associated with high altitude flight) and 
     nonionizing radiation (associated with airborne, ground, and 
     shipboard radars) occurred in which covered individuals could 
     have received increased radiation amounts.
       (iii) Identify, for each covered individual, duty stations, 
     dates of service, aircraft flown, and additional duties 
     (including Landing Safety Officer, Catapult and Arresting 
     Gear Officer, Air Liaison Officer, Tactical Air Control 
     Party, or personnel associated with aircraft maintenance, 
     supply, logistics, fuels, or transportation) that could have 
     increased the risk of cancer for such covered individual.
       (iv) Determine locations where a covered individual served 
     or additional duties of a covered individual that are 
     associated with higher incidences of cancers.
       (v) Identify potential exposures due to service in the 
     Armed Forces that are not related to aviation, such as 
     exposure to burn pits or toxins in contaminated water, 
     embedded in the soil, or inside bases or housing.
       (vi) Determine the appropriate age to begin screening 
     covered individuals for cancer based on race, gender, flying 
     hours, period of service as aviation support personnel, Armed 
     Force, type of aircraft, and mission.
       (B) Data.--The Secretary shall format all data included in 
     the study conducted under this paragraph in accordance with 
     the Surveillance, Epidemiology, and End Results program of 
     the National Cancer Institute, including by disaggregating 
     such data by race, gender, and age.

[[Page S3661]]

       (C) Report.--Not later than one year after the submittal of 
     the report under paragraph (2)(B), if the Secretary conducts 
     the second phase of the study under this paragraph, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report on the findings of the study conducted 
     under this paragraph.
       (4) Use of data from previous studies.--In conducting the 
     study under this subsection, the Secretary of Defense shall 
     incorporate data from previous studies conducted by the Air 
     Force, the Navy, or the Marine Corps that are relevant to the 
     study under this subsection, including data from the 
     comprehensive study conducted by the Air Force identifying 
     each covered individual and documenting the cancers, dates of 
     diagnoses, and mortality of each covered individual.
       (b) Definitions.--In this section:
       (1) Appropriate committee of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
       (2) Armed forces.--The term ``Armed Forces''--
       (A) has the meaning given the term ``armed forces'' in 
     section 101 of title 10, United States Code; and
       (B) includes the reserve components named in section 10101 
     of such title.
       (3) Covered individual.--The term ``covered individual''--
       (A) means an aviator or aviation support personnel who--
       (i) served in the Armed Forces on or after February 28, 
     1961; and
       (ii) receives benefits under chapter 55 of title 10, United 
     States Code; and
       (B) includes any air crew member of fixed-wing aircraft and 
     personnel supporting generation of the aircraft, including 
     pilots, navigators, weapons systems operators, aircraft 
     system operators, personnel associated with aircraft 
     maintenance, supply, logistics, fuels, or transportation, and 
     any other crew member who regularly flies in an aircraft or 
     is required to complete the mission of the aircraft.
                                 ______
                                 
  SA 2218. Mr. TESTER (for himself, Mr. Young, and Mr. Murphy) 
submitted an amendment intended to be proposed by him to the bill S. 
4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. EXPANSION OF ELIGIBILITY FOR HUD-VASH.

       (a) HUD Provisions.--Section 8(o)(19) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by 
     adding at the end the following new subparagraph:
       ``(D) Veteran defined.--In this paragraph, the term 
     `veteran' has the meaning given that term in section 2002(b) 
     of title 38, United States Code.''.
       (b) VHA Case Managers.--Subsection (b) of section 2003 of 
     title 38, United States Code, is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In the case of vouchers provided under the HUD-VASH 
     program under section 8(o)(19) of such Act, for purposes of 
     paragraph (1), the term `veteran' shall have the meaning 
     given such term in section 2002(b) of this title.''.
       (c) Annual Reports on Homelessness Services Provided by 
     Department of Veterans Affairs.--
       (1) In general.--Not less frequently than once each year, 
     the Secretary of Veterans Affairs 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 the homelessness services 
     provided under programs of the Department of Veterans 
     Affairs, including services under the HUD-VASH program under 
     section 8(o)(19) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)(19)).
       (2) Included information.--Each such annual report shall 
     include, with respect to the year preceding the submittal of 
     the report, a statement of the number of eligible individuals 
     who were furnished such homelessness services and the number 
     of individuals furnished such services under each such 
     program, disaggregated by the number of men who received such 
     services and the number of women who received such services, 
     and such other information as the Secretary considers 
     appropriate
                                 ______
                                 
  SA 2219. Mr. WARNER (for himself, Mr. Bennet, Ms. Harris, Mr. King, 
Mr. Heinrich, Mr. Wyden, and Ms. Collins) 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. ___. DUTY TO REPORT COUNTERINTELLIGENCE THREATS TO 
                   CAMPAIGNS.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding 
     at the end the following new subsection:
       ``(j) Disclosure of Reportable Foreign Contacts.--
       ``(1) Committee obligation.--Not later than 1 week after a 
     reportable foreign contact, each authorized committee of a 
     candidate for President shall notify the Federal Bureau of 
     Investigation of the reportable foreign contact and provide a 
     summary of the circumstances with respect to such reportable 
     foreign contact.
       ``(2) Individual obligation.--Not later than 1 week after a 
     reportable foreign contact--
       ``(A) each candidate for the office of President shall 
     notify the treasurer or other designated official of the 
     principal campaign committee of such candidate of the 
     reportable foreign contact and provide a summary of the 
     circumstances with respect to such reportable foreign 
     contact; and
       ``(B) each official, employee, or agent of an authorized 
     committee of a candidate for the office of President shall 
     notify the treasurer or other designated official of the 
     authorized committee of the reportable foreign contact and 
     provide a summary of the circumstances with respect to such 
     reportable foreign contact.
       ``(3) Reportable foreign contact.--In this subsection:
       ``(A) In general.--The term `reportable foreign contact' 
     means any direct or indirect contact or communication that--
       ``(i) is between--

       ``(I) a candidate for the office of President, an 
     authorized committee of such a candidate, or any official, 
     employee, or agent of such authorized committee; and
       ``(II) an individual that the person described in subclause 
     (I) knows, has reason to know, or reasonably believes is a 
     covered foreign national; and

       ``(ii) the person described in clause (i)(I) knows, has 
     reason to know, or reasonably believes involves--

       ``(I) a contribution, donation, expenditure, disbursement, 
     or solicitation described in section 319; or
       ``(II) coordination or collaboration with an offer or 
     provision of information or services to or from, or 
     persistent and repeated contact with a covered foreign 
     national in connection with an election.

       ``(B) Exception.--Such term shall not include any contact 
     or communication with a covered foreign national by an 
     elected official or an employee of an elected official solely 
     in an official capacity as such an official or employee.
       ``(C) Covered foreign national defined.--
       ``(i) In general.--In this paragraph, the term `covered 
     foreign national' means--

       ``(I) a foreign principal (as defined in section 1(b) of 
     the Foreign Agents Registration Act of 1938 (22 U.S.C. 
     611(b)) that is a government of a foreign country or a 
     foreign political party;
       ``(II) any person who acts as an agent, representative, 
     employee, or servant, or any person who acts in any other 
     capacity at the order, request, or under the direction or 
     control, of a foreign principal described in subclause (I) or 
     of a person any of whose activities are directly or 
     indirectly supervised, directed, controlled, financed, or 
     subsidized in whole or in major part by a foreign principal 
     described in subclause (I); or
       ``(III) any person included in the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury pursuant to authorities relating to the imposition 
     of sanctions relating to the conduct of a foreign principal 
     described in subclause (I).

       ``(ii) Clarification regarding application to citizens of 
     the united states.--In the case of a citizen of the United 
     States, subclause (II) of clause (i) applies only to the 
     extent that the person involved acts within the scope of that 
     person's status as the agent of a foreign principal described 
     in subclause (I) of clause (i).
       ``(4) Clarification regarding volunteers.--For purposes of 
     paragraphs (2)(B) and (3)(A)(i)(I), an unpaid volunteer shall 
     not be treated as an official, employee, or agent of an 
     authorized committee unless such unpaid volunteer has a 
     significant supervisory role or provides advice or input to 
     the candidate or to senior officials of the authorized 
     committee.''.
       (b) Federal Campaign Foreign Contact Reporting Compliance 
     System.--Section 302(e) of the Federal Election Campaign Act 
     of 1971 (52 U.S.C. 30102(e)) is amended by adding at the end 
     the following new paragraph:
       ``(6) Reportable foreign contacts compliance policy.--
       ``(A) Reporting.--Each authorized committee of a candidate 
     for the office of President shall establish a policy that 
     requires all officials, employees, and agents of such 
     committee to notify the treasurer or other appropriate 
     designated official of the committee of any reportable 
     foreign contact (as defined in section 304(j)) not later than 
     1 week after such contact was made.

[[Page S3662]]

       ``(B) Retention and preservation of records.--Each 
     authorized committee of a candidate for the office of 
     President shall establish a policy that provides for the 
     retention and preservation of records and information related 
     to reportable foreign contacts (as so defined) for a period 
     of not less than 3 years.
       ``(C) Certification.--Upon designation of a political 
     committee as an authorized committee by a candidate for the 
     office of President, and with each report filed by such 
     committee under section 304(a), the candidate shall certify 
     that--
       ``(i) the committee has in place policies that meet the 
     requirements of subparagraphs (A) and (B);
       ``(ii) the committee has designated an official to monitor 
     compliance with such policies; and
       ``(iii) not later than 1 week after the beginning of any 
     formal or informal affiliation with the committee, all 
     officials, employees, and agents of such committee will--

       ``(I) receive notice of such policies;
       ``(II) be informed of the prohibitions under section 319; 
     and
       ``(III) sign a certification affirming their understanding 
     of such policies and prohibitions.''.

       (c) Criminal Penalties.--Section 309(d)(1) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is 
     amended by adding at the end the following new subparagraphs:
       ``(E) Any person who knowingly and willfully commits a 
     violation of section 304(j) or section 302(e)(6) shall be 
     fined under title 18, United States Code, imprisoned for not 
     more than 3 years, or both.
       ``(F) Any person who knowingly and willfully conceals or 
     destroys any materials relating to a reportable foreign 
     contact (as defined in section 304(j)) shall be fined under 
     title 18, United States Code, imprisoned for not more than 3 
     years, or both.''.
       (d) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed--
       (1) to impede legitimate journalistic activities; or
       (2) to impose any additional limitation on the right of any 
     individual who is not a citizen of the United States or a 
     national of the United States (as defined in section 
     101(a)(22) of the Immigration and Nationality Act) and who is 
     not lawfully admitted for permanent residence, as defined by 
     section 101(a)(20) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(20)) to express political views or to 
     participate in public discourse.
                                 ______
                                 
  SA 2220. Mr. HEINRICH (for himself and Mr. Barrasso) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 3168. SENSE OF THE SENATE ON EXTENSION OF LIMITATIONS ON 
                   IMPORTATION OF URANIUM FROM RUSSIAN FEDERATION.

       It is the sense of the Senate that--
       (1) a secure nuclear fuel supply chain is essential to the 
     economic and national security of the United States;
       (2) the United States should--
       (A) expeditiously complete negotiation of an extension of 
     the Agreement Suspending the Antidumping Investigation on 
     Uranium from the Russian Federation (commonly referred to as 
     the ``Russian Suspension Agreement''); or
       (B) if an agreement to extend the Russian Suspension 
     Agreement cannot be reached, complete the antidumping 
     investigation under title VII of the Tariff Act of 1930 (19 
     U.S.C. 1671 et seq.) with respect to imports of uranium from 
     the Russian Federation--
       (i) to avoid unfair trade in uranium and maintain a nuclear 
     fuel supply chain in the United States, consistent with the 
     national security and nonproliferation goals of the United 
     States; and
       (ii) to protect the United States nuclear fuel supply chain 
     from the continued manipulation of the global and United 
     States uranium markets by the Russian Federation and Russian-
     influenced competitors;
       (3) a renegotiated, long-term extension of the Russian 
     Suspension Agreement can prevent adversaries of the United 
     States from monopolizing the nuclear fuel supply chain;
       (4) as was done in 2008, upon completion of a new 
     negotiated long-term extension of the Russian Suspension 
     Agreement, Congress should enact legislation to codify the 
     terms of extension into law to ensure long-term stability for 
     the domestic nuclear fuel supply chain; and
       (5) if the negotiations to extend the Russian Suspension 
     Agreement prove unsuccessful, Congress should be prepared to 
     enact legislation to prevent the manipulation by the Russian 
     Federation of global uranium markets and potential domination 
     by the Russian Federation of the United States uranium 
     market.
                                 ______
                                 
  SA 2221. Mr. HEINRICH 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 XVI, insert the 
     following:

     SEC. ___. REPORT ON ESTABLISHING AN ELEMENT OF THE 
                   INTELLIGENCE COMMUNITY WITHIN THE UNITED STATES 
                   SPACE FORCE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Director of National 
     Intelligence and the Under Secretary of Defense for 
     Intelligence and Security, in coordination with the Secretary 
     of the Air Force and the Chief of Space Operations, shall 
     submit to the appropriate committees of Congress a report on 
     the potential for establishing an element of the intelligence 
     community and a national intelligence center within the 
     United States Space Force.
       (b) Definition of Appropriate Committees of Congress.--For 
     purposes of this section, the term ``appropriate committees 
     of Congress'' means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 2222. Mr. HEINRICH 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:

       On page 1083, line 23, insert after ``safety'' the 
     following: ``that are agreed to by the Board and the 
     Secretary of Energy''.
                                 ______
                                 
  SA 2223. Mr. HEINRICH 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 3203.
                                 ______
                                 
  SA 2224. Mr. JOHNSON 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. __. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST 
                   PRACTICES.

       (a) Short Title.--This section may be cited as the ``Luke 
     and Alex School Safety Act of 2020''.
       (b) Clearinghouse.--Subtitle A of title XXII of the 
     Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is 
     amended by inserting after section 2214 the following:

     ``SEC. 2215. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST 
                   PRACTICES.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, in coordination with the 
     Secretary of Education, the Attorney General, and the 
     Secretary of Health and Human Services, shall establish a 
     Federal Clearinghouse on School Safety Best Practices (in 
     this section referred to as the `Clearinghouse') within the 
     Department.
       ``(2) Purpose.--The Clearinghouse shall be the primary 
     resource of the Federal Government to identify and publish 
     online through SchoolSafety.gov, or any successor website, 
     the best practices and recommendations for school safety for 
     use by State and local educational agencies, institutions of 
     higher education, State and local law enforcement agencies, 
     health professionals, and the general public.
       ``(3) Personnel.--
       ``(A) Assignments.--The Clearinghouse shall be assigned 
     such personnel and resources as the Secretary considers 
     appropriate to carry out this section.
       ``(B) Detailees.--The Secretary of Education, the Attorney 
     General, and the Secretary of Health and Human Services may 
     detail personnel to the Clearinghouse.
       ``(4) Exemptions.--
       ``(A) Paperwork reduction act.--Chapter 35 of title 44, 
     United States Code (commonly known as the `Paperwork 
     Reduction Act') shall not apply to any rulemaking or 
     information collection required under this section.
       ``(B) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5

[[Page S3663]]

     U.S.C. App.) shall not apply for the purposes of carrying out 
     this section.
       ``(b) Clearinghouse Contents.--
       ``(1) Consultation.--In identifying the best practices and 
     recommendations for the Clearinghouse, the Secretary may 
     consult with appropriate Federal, State, local, Tribal, 
     private sector, and nongovernmental organizations.
       ``(2) Criteria for best practices and recommendations.--The 
     best practices and recommendations of the Clearinghouse 
     shall, at a minimum--
       ``(A) involve comprehensive school safety measures, 
     including threat prevention, preparedness, protection, 
     mitigation, incident response, and recovery to improve the 
     safety posture of a school upon implementation;
       ``(B) include any evidence or research rationale supporting 
     the determination of the Clearinghouse that the best practice 
     or recommendation under subparagraph (A) has been shown to 
     have a significant effect on improving the health, safety, 
     and welfare of persons in school settings, including--
       ``(i) relevant research that is evidence-based, as defined 
     in section 8101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801), supporting the best practice or 
     recommendation;
       ``(ii) findings and data from previous Federal or State 
     commissions recommending improvements to the safety posture 
     of a school; or
       ``(iii) other supportive evidence or findings relied upon 
     by the Clearinghouse in determining best practices and 
     recommendations to improve the safety posture of a school 
     upon implementation; and
       ``(C) include information on Federal grant programs for 
     which implementation of each best practice or recommendation 
     is an eligible use for the program.
       ``(3) Past commission recommendations.--To the greatest 
     extent practicable, the Clearinghouse shall present, as 
     appropriate, Federal, State, local, Tribal, private sector, 
     and nongovernmental organization issued best practices and 
     recommendations and identify any best practice or 
     recommendation of the Clearinghouse that was previously 
     issued by any such organization or commission.
       ``(c) Assistance and Training.--The Secretary may produce 
     and publish materials on the Clearinghouse to assist and 
     train educational agencies and law enforcement agencies on 
     the implementation of the best practices and recommendations.
       ``(d) Continuous Improvement.--The Secretary shall--
       ``(1) collect for the purpose of continuous improvement of 
     the Clearinghouse--
       ``(A) Clearinghouse data analytics;
       ``(B) user feedback on the implementation of resources, 
     best practices, and recommendations identified by the 
     Clearinghouse; and
       ``(C) any evaluations conducted on implementation of the 
     best practices and recommendations of the Clearinghouse; and
       ``(2) in coordination with the Secretary of Education, the 
     Secretary of Health and Human Services, and the Attorney 
     General--
       ``(A) regularly assess and identify Clearinghouse best 
     practices and recommendations for which there are no 
     resources available through Federal Government programs for 
     implementation; and
       ``(B) establish an external advisory board, which shall be 
     comprised of appropriate State, local, Tribal, private 
     sector, and nongovernmental organizations, including 
     organizations representing parents of elementary and 
     secondary school students, to--
       ``(i) provide feedback on the implementation of best 
     practices and recommendations of the Clearinghouse; and
       ``(ii) propose additional recommendations for best 
     practices for inclusion in the Clearinghouse.
       ``(e) Parental Assistance.--The Clearinghouse shall produce 
     materials to assist parents and legal guardians of students 
     with identifying relevant Clearinghouse resources related to 
     supporting the implementation of Clearinghouse best practices 
     and recommendations.''.
       (1) Technical amendments.--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. Federal Clearinghouse on School Safety Best Practices.''.

       (c) Notification of Clearinghouse.--
       (1) Notification by the secretary of education.--The 
     Secretary of Education shall provide written notification of 
     the publication of the Federal Clearinghouse on School Safety 
     Best Practices (referred to in this subsection and subsection 
     (d) as the ``Clearinghouse''), as required to be established 
     under section 2215 of the Homeland Security Act of 2002, as 
     added by subsection (b), to--
       (A) every State and local educational agency; and
       (B) other Department of Education partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Secretary 
     of Education.
       (2) Notification by the secretary of homeland security.--
     The Secretary of Homeland Security shall provide written 
     notification of the publication of the Clearinghouse, as 
     required to be established under section 2215 of the Homeland 
     Security Act of 2002, as added by subsection (b), to--
       (A) every State homeland security advisor;
       (B) every State department of homeland security; and
       (C) other Department of Homeland Security partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Secretary 
     of Homeland Security.
       (3) Notification by the secretary of health and human 
     services.--The Secretary of Health and Human Services shall 
     provide written notification of the publication of the 
     Clearinghouse, as required to be established under section 
     2215 of the Homeland Security Act of 2002, as added by 
     subsection (b), to--
       (A) every State department of public health; and
       (B) other Department of Health and Human Services partners 
     in the implementation of the best practices and 
     recommendations of the Clearinghouse, as determined 
     appropriate by the Secretary of Health and Human Services.
       (4) Notification by the attorney general.--The Attorney 
     General shall provide written notification of the publication 
     of the Clearinghouse, as required to be established under 
     section 2215 of the Homeland Security Act of 2002, as added 
     by subsection (b), to--
       (A) every State department of justice; and
       (B) other Department of Justice partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Attorney 
     General.
       (d) Grant Program Review.--
       (1) Federal grants and resources.--The Secretary of 
     Education, the Secretary of Homeland Security, the Secretary 
     of Health and Human Services, and the Attorney General shall 
     each--
       (A) review grant programs administered by their respective 
     agency and identify any grant program that may be used to 
     implement best practices and recommendations of the 
     Clearinghouse;
       (B) identify any best practices and recommendations of the 
     Clearinghouse for which there is not a Federal grant program 
     that may be used for the purposes of implementing the best 
     practice or recommendation as applicable to the agency; and
       (C) periodically report any findings under subparagraph (B) 
     to the appropriate committees of Congress.
       (2) State grants and resources.--The Clearinghouse shall, 
     to the extent practicable, identify, for each State--
       (A) each agency responsible for school safety in the State, 
     or any State that does not have such an agency designated;
       (B) any grant program that may be used for the purposes of 
     implementing best practices and recommendations of the 
     Clearinghouse; and
       (C) any resources other than grant programs that may be 
     used to assist in implementation of best practices and 
     recommendations of the Clearinghouse.
       (e) Rules of Construction.--
       (1) Waiver of requirements.--Nothing in this section or the 
     amendments made by this section shall be construed to create, 
     satisfy, or waive any requirement under--
       (A) title II or III of the Americans With Disabilities Act 
     of 1990 (42 U.S.C. 12131 et seq., 12181 et seq.);
       (B) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
       (C) title IV or VI of the Civil Rights Act of 1964 (42 
     U.S.C. 2000c et seq., 2000d et seq.);
       (D) title IX of the Education Amendments of 1972 (20 U.S.C. 
     1681 et seq.);
       (E) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.); or
       (F) the Equal Educational Opportunities Act of 1974 (20 
     U.S.C. 1701 et seq.).
       (2) Prohibition on federally developed, mandated, or 
     endorsed curriculum.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     authorize any officer or employee of the Federal Government 
     to engage in an activity otherwise prohibited under section 
     103(b) of the Department of Education Organization Act (20 
     U.S.C. 3403(b)).
                                 ______
                                 
  SA 2225. Mr. RUBIO (for himself, Mr. Warner, Mr. Burr, Mr. Cornyn, 
Mr. Bennet, Mr. Sasse, and Mr. Cotton) 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 X, add the following:

 Subtitle H--Wireless Supply Chain Innovation and Multilateral Security

     SEC. 1091. DEFINITIONS.

        In this subtitle:
       (1) 3GPP.--The term ``3GPP'' means the Third Generation 
     Partnership Project.
       (2) 5G network.--The term ``5G network'' means a radio 
     network as described by 3GPP Release 15 or higher.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) NTIA administrator.--The term ``NTIA Administrator'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (5) Open-RAN.--The term ``Open-RAN'' means the Open Radio 
     Access Network approach to standardization adopted by the O-

[[Page S3664]]

     RAN Alliance, Telecom Infra Project, or 3GPP, or any similar 
     set of open standards for multi-vendor network equipment 
     interoperability.
       (6) Relevant committees of congress.--The term ``relevant 
     committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (F) the Committee on Appropriations of the Senate;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives;
       (J) the Committee on Armed Services of the House of 
     Representatives;
       (K) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (L) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 1092. COMMUNICATIONS TECHNOLOGY SECURITY FUNDS.

       (a) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     for fiscal years 2021 through 2031--
       (A) $50,000,000 for the Public Wireless Supply Chain 
     Innovation Fund established under subsection (b) of this 
     section; and
       (B) $25,000,000 for the Multilateral Telecommunications 
     Security Fund established under subsection (c) of this 
     section.
       (2) Availability.--Amounts made available under paragraph 
     (1) shall remain available through fiscal year 2031.
       (b) Public Wireless Supply Chain Innovation Fund.--
       (1) Establishment.--
       (A) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Public 
     Wireless Supply Chain Innovation Fund'' (referred to in this 
     subsection as the ``R&D Fund'').
       (B) Availability.--
       (i) In general.--Amounts deposited in the R&D Fund shall 
     remain available through the end of the tenth fiscal year 
     beginning after the date of enactment of this Act.
       (ii) Remainder to treasury.--Any amounts remaining in the 
     R&D Fund after the end of the tenth fiscal year beginning 
     after the date of enactment of this Act shall be deposited in 
     the general fund of the Treasury.
       (2) Use of fund.--
       (A) In general.--Amounts appropriated to the R&D Fund shall 
     be available to the NTIA Administrator to make grants under 
     this subsection in such amounts as the NTIA Administrator 
     determines appropriate, subject to clause (ii) of this 
     subparagraph.
       (B) Limitation on grant amounts.--The amount of a grant 
     awarded under this subsection to a recipient for a specific 
     research focus area may not exceed $50,000,000.
       (3) Administration of fund.--The NTIA Administrator, in 
     consultation with the Commission, the Director of the 
     National Institute of Standards and Technology, the Secretary 
     of Homeland Security, the Secretary of Defense, and the 
     Director of the Intelligence Advanced Research Projects 
     Activity of the Office of the Director of National 
     Intelligence, shall establish criteria for grants awarded 
     under this subsection, and administer the R&D Fund, to 
     support research and the commercial application of that 
     research, including in the following areas:
       (A) Promoting the development of technology, including 
     software, hardware, and microprocessing technology, that will 
     enhance competitiveness in the fifth-generation (commonly 
     known as ``5G'') and successor wireless technology supply 
     chains.
       (B) Accelerating development and deployment of open 
     interface standards-based compatible, interoperable 
     equipment, such as equipment developed pursuant to the 
     standards set forth by organizations such as the O-RAN 
     Alliance, the Telecom Infra Project, 3GPP, the Open-RAN 
     Software Community, or any successor organizations.
       (C) Promoting compatibility of new 5G equipment with future 
     open standards-based, interoperable equipment.
       (D) Managing integration of multi-vendor network 
     environments.
       (E) Objective criteria to define equipment as compliant 
     with open standards for multi-vendor network equipment 
     interoperability.
       (F) Promoting development and inclusion of security 
     features enhancing the integrity and availability of 
     equipment in multi-vendor networks.
       (G) Promoting the application of network function 
     virtualization to facilitate multi-vendor interoperability 
     and a more diverse vendor market.
       (4) Timing.--Not later than 1 year after the date of 
     enactment of this Act, the NTIA Administrator shall begin 
     awarding grants under this subsection.
       (5) Federal advisory body.--
       (A) Establishment.--The NTIA Administrator shall establish 
     a Federal advisory committee, in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.), composed of 
     government and private sector experts, to advise the NTIA 
     Administrator on the administration of the R&D Fund.
       (B) Composition.--The advisory committee established under 
     subparagraph (A) shall be composed of--
       (i) representatives from--

       (I) the Commission;
       (II) the Department of Defense;
       (III) the Intelligence Advanced Research Projects Activity 
     of the Office of the Director of National Intelligence;
       (IV) the National Institute of Standards and Technology;
       (V) the Department of State;
       (VI) the National Science Foundation; and
       (VII) the Department of Homeland Security; and

       (ii) other representatives from the private and public 
     sectors, at the discretion of the NTIA Administrator.
       (C) Duties.--The advisory committee established under 
     subparagraph (A) shall advise the NTIA Administrator on 
     technology developments to help inform--
       (i) the strategic direction of the R&D Fund; and
       (ii) efforts of the Federal Government to promote a more 
     secure, diverse, sustainable, and competitive supply chain.
       (6) Reports to congress.--
       (A) Initial report.--Not later than 180 days after the date 
     of enactment of this Act, the NTIA Administrator shall submit 
     to the relevant committees of Congress a report with--
       (i) additional recommendations on promoting the 
     competitiveness and sustainability of trusted suppliers in 
     the wireless supply chain; and
       (ii) any additional authorities needed to facilitate the 
     timely adoption of open standards-based equipment, including 
     authority to provide loans, loan guarantees, and other forms 
     of credit extension that would maximize the use of designated 
     funds.
       (B) Annual report.--For each fiscal year for which amounts 
     in the R&D Fund are available under this subsection, the NTIA 
     Administrator shall submit to Congress a report that--
       (i) describes how, and to whom, amounts in the R&D Fund 
     have been deployed;
       (ii) details the progress of the NTIA Administrator in 
     meeting the objectives described in paragraph (3); and
       (iii) includes any additional information that the NTIA 
     Administrator determines appropriate.
       (c) Multilateral Telecommunications Security Fund.--
       (1) Establishment of fund.--
       (A) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the 
     ``Multilateral Telecommunications Security Fund''.
       (B) Use of fund.--Amounts appropriated to the Multilateral 
     Telecommunications Security Fund shall be available to the 
     Secretary of State to make expenditures under this subsection 
     in such amounts as the Secretary of State determines 
     appropriate.
       (C) Availability.--
       (i) In general.--Amounts deposited in the Multilateral 
     Telecommunications Security Fund--

       (I) shall remain available through the end of the tenth 
     fiscal year beginning after the date of enactment of this 
     Act; and
       (II) may only be allocated upon the Secretary of State 
     reaching an agreement with foreign government partners to 
     participate in the common funding mechanism described in 
     paragraph (2).

       (ii) Remainder to treasury.--Any amounts remaining in the 
     Multilateral Telecommunications Security Fund after the end 
     of the tenth fiscal year beginning after the date of 
     enactment of this Act shall be deposited in the general fund 
     of the Treasury.
       (2) Administration of fund.--The Secretary of State, in 
     consultation with the NTIA Administrator, the Secretary of 
     Homeland Security, the Secretary of Defense, the Secretary of 
     the Treasury, the Director of National Intelligence, and the 
     Commission, shall establish a common funding mechanism, in 
     coordination with foreign partners, that uses amounts from 
     the Multilateral Telecommunications Security Fund to support 
     the development and adoption of secure and trusted 
     telecommunications technologies.
       (3) Annual report to congress.--Not later than 1 year after 
     the date of enactment of this Act, and annually thereafter 
     for each fiscal year during which amounts in the Multilateral 
     Telecommunications Security Fund are available, the Secretary 
     of State shall submit to the relevant committees of Congress 
     a report on the status and progress of the funding mechanism 
     established under paragraph (2), including--
       (A) any funding commitments from foreign partners, 
     including each specific amount committed;
       (B) governing criteria for use of the Multilateral 
     Telecommunications Security Fund;
       (C) an account of--
       (i) how, and to whom, funds have been deployed;
       (ii) amounts remaining in the Multilateral 
     Telecommunications Security Fund; and
       (iii) the progress of the Secretary of State in meeting the 
     objective described in paragraph (2); and
       (D) additional authorities needed to enhance the 
     effectiveness of the Multilateral Telecommunications Security 
     Fund in achieving the security goals of the United States.

[[Page S3665]]

  


     SEC. 1093. PROMOTING UNITED STATES LEADERSHIP IN 
                   INTERNATIONAL ORGANIZATIONS AND COMMUNICATIONS 
                   STANDARDS-SETTING BODIES.

       (a) In General.--The Secretary of State, the Secretary of 
     Commerce, and the Chairman of the Commission, or their 
     designees, shall consider how to enhance representation of 
     the United States at international forums that set standards 
     for 5G networks and for future generations of wireless 
     communications networks, including--
       (1) the International Telecommunication Union (commonly 
     known as ``ITU'');
       (2) the International Organization for Standardization 
     (commonly known as ``ISO'');
       (3) the Inter-American Telecommunications Commission 
     (commonly known as ``CITEL''); and
       (4) the voluntary standards organizations that develop 
     protocols for wireless devices and other equipment, such as 
     the 3GPP and the Institute of Electrical and Electronics 
     Engineers (commonly known as ``IEEE'').
       (b) Annual Report.--The Secretary of State, the Secretary 
     of Commerce, and the Chairman of the Commission shall jointly 
     submit to the relevant committees of Congress an annual 
     report on the progress made under subsection (a).
                                 ______
                                 
  SA 2226. Mr. RUBIO (for himself and Mr. Warner) 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:

      DIVISION__--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2021

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2021''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

     DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2021

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

                    TITLE I--INTELLIGENCE ACTIVITIES

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
              law.
Sec. 303. Clarification of authorities and responsibilities of National 
              Manager for National Security Telecommunications and 
              Information Systems Security.
Sec. 304. Continuity of operations plans for certain elements of the 
              intelligence community in the case of a national 
              emergency.
Sec. 305. Application of Executive Schedule level III to position of 
              Director of National Reconnaissance Office.
Sec. 306. National Intelligence University.
Sec. 307. Requiring facilitation of establishment of Social Media Data 
              and Threat Analysis Center.
Sec. 308. Data collection on attrition in intelligence community.
Sec. 309. Limitation on delegation of responsibility for program 
              management of information-sharing environment.
Sec. 310. Improvements to provisions relating to intelligence community 
              information technology environment.
Sec. 311. Requirements and authorities for Director of the Central 
              Intelligence Agency to improve education in science, 
              technology, engineering, arts, and mathematics.

    Subtitle B--Reports and Assessments Pertaining to Intelligence 
                               Community

Sec. 321. Assessment by the Comptroller General of the United States on 
              efforts of the intelligence community and the Department 
              of Defense to identify and mitigate risks posed to the 
              intelligence community and the Department by the use of 
              direct-to-consumer genetic testing by the Government of 
              the People's Republic of China.
Sec. 322. Report on use by intelligence community of hiring 
              flexibilities and expedited human resources practices to 
              assure quality and diversity in the workforce of the 
              intelligence community.
Sec. 323. Report on signals intelligence priorities and requirements.
Sec. 324. Assessment of demand for student loan repayment program 
              benefit.
Sec. 325. Assessment of intelligence community demand for child care.
Sec. 326. Open source intelligence strategies and plans for the 
              intelligence community.

          TITLE IV--SECURITY CLEARANCES AND TRUSTED WORKFORCE

Sec. 401. Exclusivity, consistency, and transparency in security 
              clearance procedures, and right to appeal.
Sec. 402. Establishing process parity for security clearance 
              revocations.
Sec. 403. Federal policy on sharing of derogatory information 
              pertaining to contractor employees in the trusted 
              workforce.

                   TITLE V--REPORTS AND OTHER MATTERS

 Subtitle A--Wireless Supply Chain Innovation and Multilateral Security

Sec. 501. Definitions.
Sec. 502. Communications technology security funds.
Sec. 503. Promoting United States leadership in international 
              organizations and communications standards-setting 
              bodies.

                 Subtitle B--Reports and Other Matters

Sec. 511. Report on attempts by foreign adversaries to build 
              telecommunications and cybersecurity equipment and 
              services for, or to provide such equipment and services 
              to, certain allies of the United States.
Sec. 512. Report on threats posed by use by foreign governments and 
              entities of commercially available cyber intrusion and 
              surveillance technology.
Sec. 513. Reports on recommendations of the Cyberspace Solarium 
              Commission.
Sec. 514. Assessment of critical technology trends relating to 
              artificial intelligence, microchips, and semiconductors 
              and related supply chains.
Sec. 515. Combating Chinese influence operations in the United States 
              and strengthening civil liberties protections.
Sec. 516. Annual report on corrupt activities of senior officials of 
              the Chinese Communist Party.
Sec. 517. Report on corrupt activities of Russian and other Eastern 
              European oligarchs.
Sec. 518. Report on biosecurity risk and disinformation by the Chinese 
              Communist Party and the Government of the People's 
              Republic of China.
Sec. 519. Report on effect of lifting of United Nations arms embargo on 
              Islamic Republic of Iran.
Sec. 520. Report on Iranian activities relating to nuclear 
              nonproliferation.
Sec. 521. Sense of Congress on Third Option Foundation.

     SEC. 2. DEFINITIONS.

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

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2021 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the elements listed in paragraphs 
     (1) through (16) of section 101, are those specified in the 
     classified Schedule of Authorizations prepared to accompany 
     this division.
       (b) Availability of Classified Schedule of 
     Authorizations.--
       (1) Availability.--The classified Schedule of 
     Authorizations referred to in subsection

[[Page S3666]]

     (a) shall be made available to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations referred to in 
     subsection (a), or of appropriate portions of such Schedule, 
     within the executive branch of the Federal Government.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     3306(a));
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2021 the sum of $731,200,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2021 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2021.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

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

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

     SEC. 303. CLARIFICATION OF AUTHORITIES AND RESPONSIBILITIES 
                   OF NATIONAL MANAGER FOR NATIONAL SECURITY 
                   TELECOMMUNICATIONS AND INFORMATION SYSTEMS 
                   SECURITY.

       In carrying out the authorities and responsibilities of the 
     National Manager for National Security Telecommunications and 
     Information Systems Security under National Security 
     Directive 42 (signed by the President on July 5, 1990), the 
     National Manager shall not supervise, oversee, or execute, 
     either directly or indirectly, any aspect of the National 
     Intelligence Program.

     SEC. 304. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS 
                   OF THE INTELLIGENCE COMMUNITY IN THE CASE OF A 
                   NATIONAL EMERGENCY.

       (a) Definition of Covered National Emergency.--In this 
     section, the term ``covered national emergency'' means the 
     following:
       (1) A major disaster declared by the President under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170).
       (2) An emergency declared by the President under section 
     501 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191).
       (3) A national emergency declared by the President under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.).
       (4) A public health emergency declared under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d).
       (b) In General.--The Director of National Intelligence, the 
     Director of the Central Intelligence Agency, the Director of 
     the National Reconnaissance Office, the Director of the 
     Defense Intelligence Agency, the Director of the National 
     Security Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each establish continuity of 
     operations plans for use in the case of covered national 
     emergencies for the element of the intelligence community 
     concerned.
       (c) Submission to Congress.--
       (1) Director of national intelligence and director of the 
     central intelligence agency.--Not later than 7 days after the 
     date on which a covered national emergency is declared, the 
     Director of National Intelligence and the Director of the 
     Central Intelligence Agency shall each submit to the 
     congressional intelligence committees the plan established 
     under subsection (b) for that emergency for the element of 
     the intelligence community concerned.
       (2) Director of national reconnaissance office, director of 
     defense intelligence agency, director of national security 
     agency, and director of national geospatial-intelligence 
     agency.--Not later than 7 days after the date on which a 
     covered national emergency is declared, the Director of the 
     National Reconnaissance Office, the Director of the Defense 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each submit the plan established 
     under subsection (b) for that emergency for the element of 
     the intelligence community concerned to the following:
       (A) The congressional intelligence committees.
       (B) The Committee on Armed Services of the Senate.
       (C) The Committee on Armed Services of the House of 
     Representatives.
       (d) Updates.--During a covered national emergency, the 
     Director of National Intelligence, the Director of the 
     Central Intelligence Agency, the Director of the National 
     Reconnaissance Office, the Director of the Defense 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each submit any updates to the 
     plans submitted under subsection (c)--
       (1) in accordance with that subsection; and
       (2) in a timely manner consistent with section 501 of the 
     National Security Act of 1947 (50 U.S.C. 3091).

     SEC. 305. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO 
                   POSITION OF DIRECTOR OF NATIONAL RECONNAISSANCE 
                   OFFICE.

       Section 5314 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``Director of the National Reconnaissance Office.''.

     SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY.

       (a) In General.--Title X of the National Security Act of 
     1947 (50 U.S.C. 3191 et seq.) is amended by adding at the end 
     the following:

             ``Subtitle D--National Intelligence University

     ``SEC. 1031. TRANSFER DATE.

       ``In this subtitle, the term `transfer date' means the date 
     on which the National Intelligence University is transferred 
     from the Defense Intelligence Agency to the Director of 
     National Intelligence under section 5324(a) of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92).

     ``SEC. 1032. DEGREE-GRANTING AUTHORITY.

       ``(a) In General.--Beginning on the transfer date, under 
     regulations prescribed by the Director of National 
     Intelligence, the President of the National Intelligence 
     University may, upon the recommendation of the faculty of the 
     University, confer appropriate degrees upon graduates who 
     meet the degree requirements.
       ``(b) Limitation.--A degree may not be conferred under this 
     section unless--
       ``(1) the Secretary of Education has recommended approval 
     of the degree in accordance with the Federal Policy Governing 
     Granting of Academic Degrees by Federal Agencies; and
       ``(2) the University is accredited by the appropriate 
     academic accrediting agency or organization to award the 
     degree, as determined by the Secretary of Education.
       ``(c) Congressional Notification Requirements.--
       ``(1) Actions on nonaccreditation.--Beginning on the 
     transfer date, the Director shall promptly--
       ``(A) notify the congressional intelligence committees of 
     any action by the Middle States Commission on Higher 
     Education, or other appropriate academic accrediting agency 
     or organization, to not accredit the University to award any 
     new or existing degree; and
       ``(B) submit to such committees a report containing an 
     explanation of any such action.
       ``(2) Modification or redesignation of degree-granting 
     authority.--Beginning on the transfer date, upon any 
     modification or redesignation of existing degree-granting 
     authority, the Director shall submit to the congressional 
     intelligence committees a report containing--
       ``(A) the rationale for the proposed modification or 
     redesignation; and
       ``(B) any subsequent recommendation of the Secretary of 
     Education with respect to the proposed modification or 
     redesignation.

     ``SEC. 1033. FACULTY MEMBERS; EMPLOYMENT AND COMPENSATION.

       ``(a) Authority of Director.--Beginning on the transfer 
     date, the Director of National Intelligence may employ as 
     many professors, instructors, and lecturers at the National 
     Intelligence University as the Director considers necessary.
       ``(b) Compensation of Faculty Members.--The compensation of 
     persons employed under this section shall be as prescribed by 
     the Director.
       ``(c) Compensation Plan.--The Director shall provide each 
     person employed as a professor, instructor, or lecturer at 
     the University on the transfer date an opportunity to elect 
     to be paid under the compensation plan in effect on the day 
     before the transfer date (with no reduction in pay) or under 
     the authority of this section.

     ``SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH GRANTS.

       ``The Director of National Intelligence may authorize the 
     President of the National Intelligence University to accept 
     qualifying research grants in the same manner and to the same 
     degree as the President of the National Defense University 
     under section 2165(e) of title 10, United States Code.

[[Page S3667]]

  


     ``SEC. 1035. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY 
                   COMMITTEE ACT TO THE BOARD OF VISITORS.

       ``The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     continue to apply to the Board of Visitors of the National 
     Intelligence University on and after the transfer date.''.
       (b) Conforming Amendments.--Section 5324 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92) is amended--
       (1) in subsection (b)(1)(C), by striking ``subsection 
     (e)(2)'' and inserting ``section 1032(b) of the National 
     Security Act of 1947'';
       (2) by striking subsections (e) and (f); and
       (3) by redesignating subsections (g) and (h) as subsections 
     (e) and (f), respectively.
       (c) Clerical Amendment.--The table of contents of the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 1024 the following:

             ``Subtitle D--National Intelligence University

``Sec. 1031. Transfer date.
``Sec. 1032. Degree-granting authority.
``Sec. 1033. Faculty members; employment and compensation.
``Sec. 1034. Acceptance of faculty research grants.
``Sec. 1035. Continued applicability of the Federal Advisory Committee 
              Act to the Board of Visitors.''.

     SEC. 307. REQUIRING FACILITATION OF ESTABLISHMENT OF SOCIAL 
                   MEDIA DATA AND THREAT ANALYSIS CENTER.

       (a) Requirement to Facilitate Establishment.--Subsection 
     (c)(1) of section 5323 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92) is amended, by 
     striking ``may'' and inserting ``shall''.
       (b) Deadline to Facilitate Establishment.--Such subsection 
     is further amended by striking ``The Director'' and inserting 
     ``Not later than 180 days after the date of the enactment of 
     the Intelligence Authorization Act for Fiscal Year 2021, the 
     Director''.
       (c) Conforming Amendments.--
       (1) Reporting.--Subsection (d) of such section is amended--
       (A) in the matter before paragraph (1), by striking ``If 
     the Director'' and all that follows through ``the Center, 
     the'' and inserting ``The''; and
       (B) in paragraph (1), by striking ``180 days after the date 
     of the enactment of this Act'' and inserting ``180 days after 
     the date of the enactment of the Intelligence Authorization 
     Act for Fiscal Year 2021''.
       (2) Funding.--Subsection (f) of such section is amended by 
     striking ``fiscal year 2020 and 2021'' and inserting ``fiscal 
     year 2021 and 2022''.
       (3) Clerical.--Subsection (c) of such section is amended--
       (A) in the subsection heading, by striking ``Authority'' 
     and inserting ``Requirement''; and
       (B) in paragraph (1), in the paragraph heading, by striking 
     ``Authority'' and inserting ``Requirement''.

     SEC. 308. DATA COLLECTION ON ATTRITION IN INTELLIGENCE 
                   COMMUNITY.

       (a) Standards for Data Collection.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall establish standards for collecting data 
     relating to attrition in the intelligence community workforce 
     across demographics, specialities, and length of service.
       (2) Inclusion of certain candidates.--The Director shall 
     include, in the standards established under paragraph (1), 
     standards for collecting data from candidates who accepted 
     conditional offers of employment but chose to withdraw from 
     the hiring process before entering into service, including 
     data with respect to the reasons such candidates chose to 
     withdraw.
       (b) Collection of Data.--Not later than 120 days after the 
     date of the enactment of this Act, each element of the 
     intelligence community shall begin collecting data on 
     workforce and candidate attrition in accordance with the 
     standards established under subsection (a).
       (c) Annual Report.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Director shall submit to the congressional intelligence 
     committees a report on workforce and candidate attrition in 
     the intelligence community that includes--
       (1) the findings of the Director based on the data 
     collected under subsection (b);
       (2) recommendations for addressing any issues identified in 
     those findings; and
       (3) an assessment of timeliness in processing hiring 
     applications of individuals previously employed by an element 
     of the intelligence community, consistent with the Trusted 
     Workforce 2.0 initiative sponsored by the Security Clearance, 
     Suitability, and Credentialing Performance Accountability 
     Council.

     SEC. 309. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR 
                   PROGRAM MANAGEMENT OF INFORMATION-SHARING 
                   ENVIRONMENT.

       (a) In General.--Section 1016(b) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)), as 
     amended by section 6402(a) of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92), 
     is further amended--
       (1) in paragraph (1), in the matter before subparagraph 
     (A), by striking ``Director of National Intelligence'' and 
     inserting ``President'';
       (2) in paragraph (2), by striking ``Director of National 
     Intelligence'' both places it appears and inserting 
     ``President''; and
       (3) by adding at the end the following:
       ``(3) Delegation.--
       ``(A) In general.--Subject to subparagraph (B), the 
     President may delegate responsibility for carrying out this 
     subsection.
       ``(B) Limitation.--The President may not delegate 
     responsibility for carrying out this subsection to the 
     Director of National Intelligence.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2020.

     SEC. 310. IMPROVEMENTS TO PROVISIONS RELATING TO INTELLIGENCE 
                   COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.

       Section 6312 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92) is amended by striking 
     subsections (e) through (i) and inserting the following:
       ``(e) Long-term Roadmap.--Not later than 180 days after the 
     date of the enactment of the Intelligence Authorization Act 
     for Fiscal Year 2021, the Director of National Intelligence 
     shall develop and maintain a long-term roadmap for the 
     intelligence community information technology environment.
       ``(f) Business Plan.--Not later than 180 days after the 
     date of the enactment of the Intelligence Authorization Act 
     for Fiscal Year 2021, the Director of National Intelligence 
     shall develop and maintain a business plan to implement the 
     long-term roadmap required by subsection (e).''.

     SEC. 311. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE 
                   CENTRAL INTELLIGENCE AGENCY TO IMPROVE 
                   EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEERING, 
                   ARTS, AND MATHEMATICS.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.) is amended by adding the following:

     ``SEC. 24. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY, 
                   ENGINEERING, ARTS, AND MATHEMATICS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' includes 
     a department or agency of the Federal Government, a State, a 
     political subdivision of a State, an individual, and a not-
     for-profit or other organization in the private sector.
       ``(2) Educational institution.--The term `educational 
     institution' includes any public or private elementary school 
     or secondary school, institution of higher education, 
     college, university, or any other profit or nonprofit 
     institution that is dedicated to improving science, 
     technology, engineering, the arts, mathematics, business, 
     law, medicine, or other fields that promote development and 
     education relating to science, technology, engineering, the 
     arts, or mathematics.
       ``(3) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, and 
     any other territory or possession of the United States.
       ``(b) Requirements.--The Director shall, on a continuing 
     basis--
       ``(1) identify actions that the Director may take to 
     improve education in the scientific, technology, engineering, 
     arts, and mathematics (known as `STEAM') skills necessary to 
     meet the long-term national security needs of the United 
     States for personnel proficient in such skills; and
       ``(2) establish and conduct programs to carry out such 
     actions.
       ``(c) Authorities.--
       ``(1) In general.--The Director, in support of educational 
     programs in science, technology, engineering, the arts, and 
     mathematics, may--
       ``(A) award grants to eligible entities;
       ``(B) provide cash awards and other items to eligible 
     entities;
       ``(C) accept voluntary services from eligible entities;
       ``(D) support national competition judging, other 
     educational event activities, and associated award ceremonies 
     in connection with such educational programs; and
       ``(E) enter into one or more education partnership 
     agreements with educational institutions in the United States 
     for the purpose of encouraging and enhancing study in 
     science, technology, engineering, the arts, and mathematics 
     disciplines at all levels of education.
       ``(2) Education partnership agreements.--
       ``(A) Nature of assistance provided.--Under an education 
     partnership agreement entered into with an educational 
     institution under paragraph (1)(E), the Director may provide 
     assistance to the educational institution by--
       ``(i) loaning equipment to the educational institution for 
     any purpose and duration in support of such agreement that 
     the Director considers appropriate;
       ``(ii) making personnel available to teach science courses 
     or to assist in the development of science courses and 
     materials for the educational institution;
       ``(iii) providing sabbatical opportunities for faculty and 
     internship opportunities for students;
       ``(iv) involving faculty and students of the educational 
     institution in Agency projects,

[[Page S3668]]

     including research and technology transfer or transition 
     projects;
       ``(v) cooperating with the educational institution in 
     developing a program under which students may be given 
     academic credit for work on Agency projects, including 
     research and technology transfer for transition projects; and
       ``(vi) providing academic and career advice and assistance 
     to students of the educational institution.
       ``(B) Priorities.--In entering into education partnership 
     agreements under paragraph (1)(E), the Director shall 
     prioritize entering into education partnership agreements 
     with the following:
       ``(i) Historically Black colleges and universities and 
     other minority-serving institutions, as described in section 
     371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       ``(ii) Educational institutions serving women, members of 
     minority groups, and other groups of individuals who 
     traditionally are involved in the science, technology, 
     engineering, arts, and mathematics professions in 
     disproportionately low numbers.
       ``(d) Designation of Advisor.--The Director shall designate 
     one or more individuals within the Agency to advise and 
     assist the Director regarding matters relating to science, 
     technology, engineering, the arts, and mathematics education 
     and training.''.

    Subtitle B--Reports and Assessments Pertaining to Intelligence 
                               Community

     SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED 
                   STATES ON EFFORTS OF THE INTELLIGENCE COMMUNITY 
                   AND THE DEPARTMENT OF DEFENSE TO IDENTIFY AND 
                   MITIGATE RISKS POSED TO THE INTELLIGENCE 
                   COMMUNITY AND THE DEPARTMENT BY THE USE OF 
                   DIRECT-TO-CONSUMER GENETIC TESTING BY THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Assessment Required.--The Comptroller General of the 
     United States shall assess the efforts of the intelligence 
     community and the Department of Defense to identify and 
     mitigate the risks posed to the intelligence community and 
     the Department by the use of direct-to-consumer genetic 
     testing by the Government of the People's Republic of China.
       (b) Report Required.--
       (1) Definition of united states direct-to-consumer genetic 
     testing company.--In this subsection, the term ``United 
     States direct-to-consumer genetic testing company'' means a 
     private entity that--
       (A) carries out direct-to-consumer genetic testing; and
       (B) is organized under the laws of the United States or any 
     jurisdiction within the United States.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to Congress, including the congressional intelligence 
     committees, the Committee on Armed Services of the Senate, 
     and the Committee on Armed Services of the House of 
     Representatives, a report on the assessment required by 
     subsection (a).
       (3) Elements.--The report required by paragraph (2) shall 
     include the following:
       (A) A description of key national security risks and 
     vulnerabilities associated with direct-to-consumer genetic 
     testing, including--
       (i) how the Government of the People's Republic of China 
     may be using data provided by personnel of the intelligence 
     community and the Department through direct-to-consumer 
     genetic tests; and
       (ii) how ubiquitous technical surveillance may amplify 
     those risks.
       (B) An assessment of the extent to which the intelligence 
     community and the Department have identified risks and 
     vulnerabilities posed by direct-to-consumer genetic testing 
     and have sought to mitigate such risks and vulnerabilities, 
     or have plans for such mitigation, including the extent to 
     which the intelligence community has determined--
       (i) in which United States direct-to-consumer genetic 
     testing companies the Government of the People's Republic of 
     China or entities owned or controlled by the Government of 
     the People's Republic of China have an ownership interest; 
     and
       (ii) which United States direct-to-consumer genetic testing 
     companies may have sold data to the Government of the 
     People's Republic of China or entities owned or controlled by 
     the Government of the People's Republic of China.
       (C) Such recommendations as the Comptroller General may 
     have for action by the intelligence community and the 
     Department to improve the identification and mitigation of 
     risks and vulnerabilities posed by the use of direct-to-
     consumer genetic testing by the Government of the People's 
     Republic of China.
       (4) Form.--The report required by paragraph (2) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Cooperation.--The heads of relevant elements of the 
     intelligence community and components of the Department 
     shall--
       (1) fully cooperate with the Comptroller General in 
     conducting the assessment required by subsection (a); and
       (2) provide any information and data required by the 
     Comptroller General to conduct the assessment.

     SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING 
                   FLEXIBILITIES AND EXPEDITED HUMAN RESOURCES 
                   PRACTICES TO ASSURE QUALITY AND DIVERSITY IN 
                   THE WORKFORCE OF THE INTELLIGENCE COMMUNITY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on how elements of the intelligence 
     community are exercising hiring flexibilities and expedited 
     human resources practices afforded under section 3326 of 
     title 5, United States Code, and subpart D of part 315 of 
     title 5, Code of Federal Regulations, or successor 
     regulation, to assure quality and diversity in the workforce 
     of the intelligence community.
       (b) Obstacles.--The report submitted under subsection (a) 
     shall include identification of any obstacles encountered by 
     the intelligence community in exercising the authorities 
     described in such subsection.

     SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND 
                   REQUIREMENTS.

       (a) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on signals intelligence priorities and 
     requirements subject to Presidential Policy Directive 28.
       (b) Elements.--The report required by subsection (a) shall 
     cover the following:
       (1) The implementation of the annual process for advising 
     the Director on signals intelligence priorities and 
     requirements described in section 3 of Presidential Policy 
     Directive 28.
       (2) The signals intelligence priorities and requirements as 
     of the most recent annual process.
       (3) The application of such priorities and requirements to 
     the signals intelligence collection efforts of the 
     intelligence community.
       (4) The contents of the classified annex referenced in 
     section 3 of Presidential Policy Directive 28.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT 
                   PROGRAM BENEFIT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the head of each element of the 
     intelligence community shall--
       (1) calculate the number of personnel of that element who 
     qualify for a student loan repayment program benefit;
       (2) compare the number calculated under paragraph (1) to 
     the number of personnel who apply for such a benefit;
       (3) provide recommendations for how to structure such a 
     program to optimize participation and enhance the 
     effectiveness of the benefit as a retention tool, including 
     with respect to the amount of the benefit offered and the 
     length of time an employee receiving a benefit is required to 
     serve under a continuing service agreement; and
       (4) identify any shortfall in funds or authorities needed 
     to provide such a benefit.
       (b) Inclusion in Fiscal Year 2022 Budget Submission.--The 
     Director of National Intelligence shall include in the budget 
     justification materials submitted to Congress in support of 
     the budget for the intelligence community for fiscal year 
     2022 (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code) a report on 
     the findings of the elements of the intelligence community 
     under subsection (a).

     SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR 
                   CHILD CARE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the heads of the elements 
     of the intelligence community specified in subsection (b), 
     shall submit to the congressional intelligence committees a 
     report that includes--
       (1) a calculation of the total annual demand for child care 
     by employees of such elements, at or near the workplaces of 
     such employees, including a calculation of the demand for 
     early morning and evening child care;
       (2) an identification of any shortfall between the demand 
     calculated under paragraph (1) and the child care supported 
     by such elements as of the date of the report;
       (3) an assessment of options for addressing any such 
     shortfall, including options for providing child care at or 
     near the workplaces of employees of such elements;
       (4) an identification of the advantages, disadvantages, 
     security requirements, and costs associated with each such 
     option;
       (5) a plan to meet, by the date that is 5 years after the 
     date of the report--
       (A) the demand calculated under paragraph (1); or
       (B) an alternative standard established by the Director for 
     child care available to employees of such elements; and
       (6) an assessment of needs of specific elements of the 
     intelligence community, including any Government-provided 
     child care that could be collocated with a workplace of 
     employees of such an element and any available child care 
     providers in the proximity of such a workplace.
       (b) Elements Specified.--The elements of the intelligence 
     community specified in this subsection are the following:
       (1) The Central Intelligence Agency.
       (2) The National Security Agency.
       (3) The Defense Intelligence Agency.

[[Page S3669]]

       (4) The National Geospatial-Intelligence Agency.
       (5) The National Reconnaissance Office.
       (6) The Office of the Director of National Intelligence.

     SEC. 326. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR 
                   THE INTELLIGENCE COMMUNITY.

       (a) Requirement for Survey and Evaluation of Customer 
     Feedback.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of National Intelligence, 
     in coordination with the head of each element of the 
     intelligence community, shall--
       (1) conduct a survey of the open source intelligence 
     requirements, goals, monetary and property investments, and 
     capabilities for each element of the intelligence community; 
     and
       (2) evaluate the usability and utility of the Open Source 
     Enterprise by soliciting customer feedback and evaluating 
     such feedback.
       (b) Requirement for Overall Strategy and for Intelligence 
     Community, Plan for Improving Usability of Open Source 
     Enterprise, and Risk Analysis of Creating Open Source 
     Center.--Not later than 180 days after the date of the 
     enactment of this Act, the Director, in coordination with the 
     head of each element of the intelligence community and using 
     the findings of the Director with respect to the survey 
     conducted under subsection (a), shall--
       (1) develop a strategy for open source intelligence 
     collection, analysis, and production that defines the 
     overarching goals, roles, responsibilities, and processes for 
     such collection, analysis, and production for the 
     intelligence community;
       (2) develop a plan for improving usability and utility of 
     the Open Source Enterprise based on the customer feedback 
     solicited under subsection (a)(2); and
       (3) conduct a risk and benefit analysis of creating an open 
     source center independent of any current intelligence 
     community element.
       (c) Requirement for Plan for Centralized Data Repository.--
     Not later than 270 days after the date of the enactment of 
     this Act and using the findings of the Director with respect 
     to the survey and evaluation conducted under subsection (a), 
     the strategy and plan developed under subsection (b), and the 
     risk and benefit analysis conducted under such subsection, 
     the Director shall develop a plan for a centralized data 
     repository of open source intelligence that enables all 
     elements of the intelligence community--
       (1) to use such repository for their specific requirements; 
     and
       (2) to derive open source intelligence advantages.
       (d) Requirement for Cost-sharing Model.--Not later than 1 
     year after the date of the enactment of this Act and using 
     the findings of the Director with respect to the survey and 
     evaluation conducted under subsection (a), the strategy and 
     plan developed under subsection (b), the risk and benefit 
     analysis conducted under such subsection, and the plan 
     developed under subsection (c), the Director shall develop a 
     cost-sharing model that leverages the open source 
     intelligence investments of each element of the intelligence 
     community for the beneficial use of the entire intelligence 
     community.
       (e) Congressional Briefing.--Not later than 1 year after 
     the date of the enactment of this Act, the Director of 
     National Intelligence, the Director of the Central 
     Intelligence Agency, the Director of the Defense Intelligence 
     Agency, the Director of the National Geospatial-Intelligence 
     Agency, and the Director of the National Security Agency 
     shall jointly brief the congressional intelligence committees 
     on--
       (1) the strategy developed under paragraph (1) of 
     subsection (b);
       (2) the plan developed under paragraph (2) of such 
     subsection;
       (3) the plan developed under subsection (c); and
       (4) the cost-sharing model developed under subsection (d).

          TITLE IV--SECURITY CLEARANCES AND TRUSTED WORKFORCE

     SEC. 401. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN 
                   SECURITY CLEARANCE PROCEDURES, AND RIGHT TO 
                   APPEAL.

       (a) Exclusivity of Procedures.--Section 801 of the National 
     Security Act of 1947 (50 U.S.C. 3161) is amended by adding at 
     the end the following:
       ``(c) Exclusivity.--Except as provided in subsection (b) 
     and subject to sections 801A and 801B, the procedures 
     established pursuant to subsection (a) and promulgated and 
     set forth under subpart A of title 32, Code of Federal 
     Regulations, or successor regulations, shall be the exclusive 
     procedures by which decisions about eligibility for access to 
     classified information are governed.''.
       (b) Transparency.--Such section is further amended by 
     adding at the end the following:
       ``(d) Publication.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the President shall--
       ``(A) publish in the Federal Register the procedures 
     established pursuant to subsection (a); or
       ``(B) submit to Congress a certification that the 
     procedures currently in effect that govern access to 
     classified information as described in subsection (a)--
       ``(i) are published in the Federal Register; and
       ``(ii) comply with the requirements of subsection (a).
       ``(2) Updates.--Whenever the President makes a revision to 
     a procedure established pursuant to subsection (a), the 
     President shall publish such revision in the Federal Register 
     not later than 30 days before the date on which the revision 
     becomes effective.''.
       (c) Consistency.--
       (1) In general.--Title VIII of the National Security Act of 
     1947 (50 U.S.C. 3161 et seq.) is amended by inserting after 
     section 801 the following:

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

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

``Sec. 801A. Decisions relating to access to classified information.''.
       (d) Right to Appeal.--
       (1) In general.--Such title, as amended by subsection (c), 
     is further amended by inserting after section 801A the 
     following:

     ``SEC. 801B. RIGHT TO APPEAL.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term `Executive agency' in section 105 of title 5, United 
     States Code.
       ``(2) Covered person.--The term `covered person' means a 
     person, other than the President and Vice President, 
     currently or formerly employed in, detailed to, assigned to, 
     or issued an authorized conditional offer of employment for a 
     position that requires access to classified information by an 
     agency, including the following:
       ``(A) A member of the Armed Forces.
       ``(B) A civilian.
       ``(C) An expert or consultant with a contractual or 
     personnel obligation to an agency.
       ``(D) Any other category of person who acts for or on 
     behalf of an agency as determined by the head of the agency.
       ``(3) Eligibility for access to classified information.--
     The term `eligibility for access to classified information' 
     has the meaning given such term in the procedures established 
     pursuant to section 801(a).
       ``(4) Need for access.--The term `need for access' has such 
     meaning as the President may define in the procedures 
     established pursuant to section 801(a).
       ``(5) Reciprocity of clearance.--The term `reciprocity of 
     clearance', with respect to a denial by an agency, means that 
     the agency, with respect to a covered person--
       ``(A) failed to accept a security clearance background 
     investigation as required by paragraph (1) of section 3001(d) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (50 U.S.C. 3341(d));
       ``(B) failed to accept a transferred security clearance 
     background investigation required by paragraph (2) of such 
     section;
       ``(C) subjected the covered person to an additional 
     investigative or adjudicative requirement in violation of 
     paragraph (3) of such section; or
       ``(D) conducted an investigation in violation of paragraph 
     (4) of such section.
       ``(6) Security executive agent.--The term `Security 
     Executive Agent' means the officer serving as the Security 
     Executive Agent pursuant to section 803.
       ``(b) Agency Review.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2021, each head of an agency shall, consistent 
     with the interest of national security, establish and publish 
     in the Federal Register a process by which a covered person 
     to whom eligibility for access to classified information was 
     denied or revoked by the agency or for whom reciprocity of 
     clearance was denied by the agency can appeal that denial or 
     revocation within the agency.
       ``(2) Elements.--The process required by paragraph (1) 
     shall include the following:

[[Page S3670]]

       ``(A) In the case of a covered person to whom eligibility 
     for access to classified information or reciprocity of 
     clearance is denied or revoked by an agency, the following:
       ``(i) The head of the agency shall provide the covered 
     person with a written--

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

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

       ``(I) the head of the agency determines is consistent with 
     the interests of national security; and
       ``(II) permitted by other applicable provisions of law, 
     including--

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

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

       ``(II) The head of the agency shall make, as part of the 
     security record of the covered person, a written summary, 
     transcript, or recording of any appearance under item (aa) of 
     subclause (I) or of any calling or cross-examining of 
     witnesses under item (bb) of such subclause.
       ``(v) On or before the date that is 30 days after the date 
     on which the covered person receives copies of documents 
     under clause (ii), the covered person may request a hearing 
     of the decision to deny or revoke by filing a written appeal 
     with the head of the agency.
       ``(B) A requirement that each review of a decision under 
     this subsection is completed on average not later than 180 
     days after the date on which a hearing is requested under 
     subparagraph (A)(v).
       ``(3) Agency review panels.--
       ``(A) In general.--Each head of an agency shall establish a 
     panel to hear and review appeals under this subsection.
       ``(B) Membership.--
       ``(i) Composition.--Each panel established by the head of 
     an agency under subparagraph (A) shall be composed of at 
     least three employees of the agency selected by the agency 
     head, two of whom shall not be members of the security field.
       ``(ii) Terms.--A term of service on a panel established by 
     the head of an agency under subparagraph (A) shall not exceed 
     2 years.
       ``(C) Decisions.--
       ``(i) Written.--Each decision of a panel established under 
     subparagraph (A) shall be in writing and contain a 
     justification of the decision.
       ``(ii) Consistency.--Each head of an agency that 
     establishes a panel under subparagraph (A) shall ensure that 
     each decision of the panel is consistent with the interests 
     of national security and applicable provisions of law.
       ``(iii) Overturn.--The head of an agency may overturn a 
     decision of the panel if, not later than 30 days after the 
     date on which the panel issues the decision, the agency head 
     personally exercises the authority granted by this clause to 
     overturn such decision.
       ``(iv) Finality.--Each decision of a panel established 
     under subparagraph (A) or overturned pursuant to clause (iii) 
     of this subparagraph shall be final.
       ``(D) Access to classified information.--The head of an 
     agency that establishes a panel under subparagraph (A) shall 
     afford access to classified information to the members of the 
     panel as the agency head determines--
       ``(i) necessary for the panel to hear and review an appeal 
     under this subsection; and
       ``(ii) consistent with the interests of national security.
       ``(4) Representation by counsel.--
       ``(A) In general.--Each head of an agency shall ensure 
     that, under this subsection, a covered person appealing a 
     decision of the head's agency under this subsection has an 
     opportunity to retain counsel or other representation at the 
     covered person's expense.
       ``(B) Access to classified information.--
       ``(i) In general.--Upon the request of a covered person 
     appealing a decision of an agency under this subsection and a 
     showing that the ability to review classified information is 
     essential to the resolution of the appeal under this 
     subsection, the head of the agency shall sponsor an 
     application by the counsel or other representation retained 
     under this paragraph for access to classified information for 
     the limited purposes of such appeal.
       ``(ii) Extent of access.--Counsel or another representative 
     who is cleared for access under this subparagraph may be 
     afforded access to relevant classified materials to the 
     extent consistent with the interests of national security.
       ``(5) Publication of decisions.--
       ``(A) In general.--Each head of an agency shall publish 
     each final decision on an appeal under this subsection.
       ``(B) Requirements.--In order to ensure transparency, 
     oversight by Congress, and meaningful information for those 
     who need to understand how the clearance process works, each 
     publication under subparagraph (A) shall be--
       ``(i) made in a manner that is consistent with section 552 
     of title 5, United States Code, as amended by the Electronic 
     Freedom of Information Act Amendments of 1996 (Public Law 
     104-231);
       ``(ii) published to explain the facts of the case, 
     redacting personally identifiable information and sensitive 
     program information; and
       ``(iii) made available on a website that is searchable by 
     members of the public.
       ``(c) Period of Time for the Right to Appeal.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     covered person who has been the subject of a decision made by 
     the head of an agency to deny or revoke eligibility for 
     access to classified information shall retain all rights to 
     appeal under this section until the conclusion of the appeals 
     process under this section.
       ``(2) Waiver of rights.--
       ``(A) Persons.--Any covered person may voluntarily waive 
     the covered person's right to appeal under this section and 
     such waiver shall be conclusive.
       ``(B) Agencies.--The head of an agency may not require a 
     covered person to waive the covered person's right to appeal 
     under this section for any reason.
       ``(d) Waiver of Availability of Procedures for National 
     Security Interest.--
       ``(1) In general.--If the head of an agency determines that 
     a procedure established under subsection (b) cannot be made 
     available to a covered person in an exceptional case without 
     damaging a national security interest of the United States by 
     revealing classified information, such procedure shall not be 
     made available to such covered person.
       ``(2) Finality.--A determination under paragraph (1) shall 
     be final and conclusive and may not be reviewed by any other 
     official or by any court.
       ``(3) Reporting.--
       ``(A) Case-by-case.--
       ``(i) In general.--In each case in which the head of an 
     agency determines under paragraph (1) that a procedure 
     established under subsection (b) cannot be made available to 
     a covered person, the agency head shall, not later than 30 
     days after the date on which the agency head makes such 
     determination, submit to the Security Executive Agent and to 
     the congressional intelligence committees a report stating 
     the reasons for the determination.
       ``(ii) Form.--A report submitted under clause (i) may be 
     submitted in classified form as necessary.
       ``(B) Annual reports.--
       ``(i) In general.--Not less frequently than once each 
     fiscal year, the Security Executive Agent shall submit to the 
     congressional intelligence committees a report on the 
     determinations made under paragraph (1) during the previous 
     fiscal year.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, for the period covered by the report, the 
     following:

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

       ``(e) Denials and Revocations Under Other Provisions of 
     Law.--
       ``(1) Rule of construction.--Nothing in this section shall 
     be construed to limit or affect the responsibility and power 
     of the head of an agency to deny or revoke eligibility for 
     access to classified information or to deny reciprocity of 
     clearance in the interest of national security.
       ``(2) Denials and revocation.--The power and responsibility 
     to deny or revoke eligibility for access to classified 
     information or to deny reciprocity of clearance pursuant to 
     any other provision of law or Executive order may be 
     exercised only when the head of an agency determines that an 
     applicable process established under this section cannot be 
     invoked in a manner that is consistent with national 
     security.
       ``(3) Finality.--A determination under paragraph (2) shall 
     be final and conclusive and may not be reviewed by any other 
     official or by any court.
       ``(4) Reporting.--
       ``(A) Case-by-case.--

[[Page S3671]]

       ``(i) In general.--In each case in which the head of an 
     agency determines under paragraph (2) that a determination 
     relating to a denial or revocation of eligibility for access 
     to classified information or denial of reciprocity of 
     clearance could not be made pursuant to a process established 
     under this section, the agency head shall, not later than 30 
     days after the date on which the agency head makes such a 
     determination under paragraph (2), submit to the Security 
     Executive Agent and to the congressional intelligence 
     committees a report stating the reasons for the 
     determination.
       ``(ii) Form.--A report submitted under clause (i) may be 
     submitted in classified form as necessary.
       ``(B) Annual reports.--
       ``(i) In general.--Not less frequently than once each 
     fiscal year, the Security Executive Agent shall submit to the 
     congressional intelligence committees a report on the 
     determinations made under paragraph (2) during the previous 
     fiscal year.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, for the period covered by the report, the 
     following:

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

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

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

     SEC. 402. ESTABLISHING PROCESS PARITY FOR SECURITY CLEARANCE 
                   REVOCATIONS.

       Subparagraph (C) of section 3001(j)(4) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)(4)) is amended to read as follows:
       ``(C) Burdens of proof.--
       ``(i) In general.--Subject to clause (iii), in determining 
     whether the adverse security clearance or access 
     determination violated paragraph (1), the agency shall find 
     that paragraph (1) was violated if the individual has 
     demonstrated that a disclosure described in paragraph (1) was 
     a contributing factor in the adverse security clearance or 
     access determination taken against the individual.
       ``(ii) Circumstantial evidence.--An individual under clause 
     (i) may demonstrate that the disclosure was a contributing 
     factor in the adverse security clearance or access 
     determination taken against the individual through 
     circumstantial evidence, such as evidence that--

       ``(I) the official making the determination knew of the 
     disclosure; and
       ``(II) the determination occurred within a period such that 
     a reasonable person could conclude that the disclosure was a 
     contributing factor in the determination.

       ``(iii) Defense.--In determining whether the adverse 
     security clearance or access determination violated paragraph 
     (1), the agency shall not find that paragraph (1) was 
     violated if, after a finding that a disclosure was a 
     contributing factor, the agency demonstrates by clear and 
     convincing evidence that it would have made the same security 
     clearance or access determination in the absence of such 
     disclosure.''.

     SEC. 403. FEDERAL POLICY ON SHARING OF DEROGATORY INFORMATION 
                   PERTAINING TO CONTRACTOR EMPLOYEES IN THE 
                   TRUSTED WORKFORCE.

       (a) Policy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Security Executive 
     Agent, in coordination with the principal members of the 
     Performance Accountability Council and the Attorney General, 
     shall issue a policy for the Federal Government on sharing of 
     derogatory information pertaining to contractor employees 
     engaged by the Federal Government.
       (b) Consent Requirement.--
       (1) In general.--The policy issued under subsection (a) 
     shall require, as a condition of accepting a security 
     clearance with the Federal Government, that a contractor 
     employee provide prior written consent for the Federal 
     Government to share covered derogatory information with the 
     chief security officer of the contractor employer that 
     employs the contractor employee.
       (2) Covered derogatory information.--For purposes of this 
     section, covered derogatory information--
       (A) is information that--
       (i) contravenes National Security Adjudicative Guidelines 
     as specified in Security Executive Agent Directive 4 (10 
     C.F.R. 710 app. A), or any successor Federal policy;
       (ii) a Federal Government agency certifies is accurate and 
     reliable;
       (iii) is relevant to a contractor's ability to protect 
     against insider threats as required by section 1-202 of the 
     National Industrial Security Program Operating Manual 
     (NISPOM), or successor manual; and
       (iv) may have a bearing on the contractor employee's 
     suitability for a position of public trust or to receive 
     credentials to access certain facilities of the Federal 
     Government; and
       (B) shall include any negative information considered in 
     the adjudicative process, including information provided by 
     the contractor employee on forms submitted for the processing 
     of the contractor employee's security clearance.
       (c) Elements.--The policy issued under subsection (a) 
     shall--
       (1) require Federal agencies, except under exceptional 
     circumstances specified by the Security Executive Agent, to 
     share with the contractor employer of a contractor employee 
     engaged with the Federal Government the existence of 
     potentially derogatory information and which National 
     Security Adjudicative Guideline it falls under, with the 
     exception that the Security Executive Agent may waive such 
     requirement in circumstances the Security Executive Agent 
     considers extraordinary;
       (2) require that covered derogatory information shared with 
     a contractor employer as described in subsection (b)(1) be 
     used by the contractor employer exclusively for risk 
     mitigation purposes under section 1-202 of the National 
     Industrial Security Program Operating Manual, or successor 
     manual;
       (3) require Federal agencies to share any mitigation 
     measures in place to address the derogatory information;
       (4) establish standards for timeliness for sharing the 
     derogatory information;
       (5) specify the methods by which covered derogatory 
     information will be shared with the contractor employer of 
     the contractor employee;
       (6) allow the contractor employee, within a specified 
     timeframe, the right--
       (A) to contest the accuracy and reliability of covered 
     derogatory information;
       (B) to address or remedy any concerns raised by the covered 
     derogatory information; and
       (C) to provide documentation pertinent to subparagraph (A) 
     or (B) for an agency to place in relevant security clearance 
     databases;
       (7) establish a procedure by which the contractor employer 
     of the contractor employee may consult with the Federal 
     Government prior to taking any remedial action under section 
     1-202 of the National Industrial Security Program Operating 
     Manual, or successor manual, to address the derogatory 
     information the Federal agency has provided;
       (8) stipulate that the chief security officer of the 
     contractor employer is prohibited from sharing or discussing 
     covered derogatory information with other parties, including 
     nonsecurity professionals at the contractor employer; and
       (9) require companies in the National Industrial Security 
     Program to comply with the policy.
       (d) Consideration of Lessons Learned From Information-
     sharing Program for Positions of Trust and Security 
     Clearances.--In developing the policy issued under subsection 
     (a), the Director shall consider, to the extent available, 
     lessons learned from actions taken to carry out section 
     6611(f) of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92).

                   TITLE V--REPORTS AND OTHER MATTERS

 Subtitle A--Wireless Supply Chain Innovation and Multilateral Security

     SEC. 501. DEFINITIONS.

        In this subtitle:
       (1) 3GPP.--The term ``3GPP'' means the Third Generation 
     Partnership Project.
       (2) 5G network.--The term ``5G network'' means a radio 
     network as described by 3GPP Release 15 or higher.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) NTIA administrator.--The term ``NTIA Administrator'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (5) Open-RAN.--The term ``Open-RAN'' means the Open Radio 
     Access Network approach to standardization adopted by the O-
     RAN Alliance, Telecom Infra Project, or 3GPP, or any similar 
     set of open standards for multi-vendor network equipment 
     interoperability.
       (6) Relevant committees of congress.--The term ``relevant 
     committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;

[[Page S3672]]

       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (F) the Committee on Appropriations of the Senate;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives;
       (J) the Committee on Armed Services of the House of 
     Representatives;
       (K) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (L) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 502. COMMUNICATIONS TECHNOLOGY SECURITY FUNDS.

       (a) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     for fiscal years 2021 through 2031--
       (A) $50,000,000 for the Public Wireless Supply Chain 
     Innovation Fund established under subsection (b) of this 
     section; and
       (B) $25,000,000 for the Multilateral Telecommunications 
     Security Fund established under subsection (c) of this 
     section.
       (2) Availability.--Amounts made available under paragraph 
     (1) shall remain available through fiscal year 2031.
       (b) Public Wireless Supply Chain Innovation Fund.--
       (1) Establishment.--
       (A) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Public 
     Wireless Supply Chain Innovation Fund'' (referred to in this 
     subsection as the ``R&D Fund'').
       (B) Availability.--
       (i) In general.--Amounts deposited in the R&D Fund shall 
     remain available through the end of the tenth fiscal year 
     beginning after the date of enactment of this Act.
       (ii) Remainder to treasury.--Any amounts remaining in the 
     R&D Fund after the end of the tenth fiscal year beginning 
     after the date of enactment of this Act shall be deposited in 
     the general fund of the Treasury.
       (2) Use of fund.--
       (A) In general.--Amounts appropriated to the R&D Fund shall 
     be available to the NTIA Administrator to make grants under 
     this subsection in such amounts as the NTIA Administrator 
     determines appropriate, subject to clause (ii) of this 
     subparagraph.
       (B) Limitation on grant amounts.--The amount of a grant 
     awarded under this subsection to a recipient for a specific 
     research focus area may not exceed $50,000,000.
       (3) Administration of fund.--The NTIA Administrator, in 
     consultation with the Commission, the Director of the 
     National Institute of Standards and Technology, the Secretary 
     of Homeland Security, the Secretary of Defense, and the 
     Director of the Intelligence Advanced Research Projects 
     Activity of the Office of the Director of National 
     Intelligence, shall establish criteria for grants awarded 
     under this subsection, and administer the R&D Fund, to 
     support research and the commercial application of that 
     research, including in the following areas:
       (A) Promoting the development of technology, including 
     software, hardware, and microprocessing technology, that will 
     enhance competitiveness in the fifth-generation (commonly 
     known as ``5G'') and successor wireless technology supply 
     chains.
       (B) Accelerating development and deployment of open 
     interface standards-based compatible, interoperable 
     equipment, such as equipment developed pursuant to the 
     standards set forth by organizations such as the O-RAN 
     Alliance, the Telecom Infra Project, 3GPP, the Open-RAN 
     Software Community, or any successor organizations.
       (C) Promoting compatibility of new 5G equipment with future 
     open standards-based, interoperable equipment.
       (D) Managing integration of multi-vendor network 
     environments.
       (E) Objective criteria to define equipment as compliant 
     with open standards for multi-vendor network equipment 
     interoperability.
       (F) Promoting development and inclusion of security 
     features enhancing the integrity and availability of 
     equipment in multi-vendor networks.
       (G) Promoting the application of network function 
     virtualization to facilitate multi-vendor interoperability 
     and a more diverse vendor market.
       (4) Timing.--Not later than 1 year after the date of 
     enactment of this Act, the NTIA Administrator shall begin 
     awarding grants under this subsection.
       (5) Federal advisory body.--
       (A) Establishment.--The NTIA Administrator shall establish 
     a Federal advisory committee, in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.), composed of 
     government and private sector experts, to advise the NTIA 
     Administrator on the administration of the R&D Fund.
       (B) Composition.--The advisory committee established under 
     subparagraph (A) shall be composed of--
       (i) representatives from--

       (I) the Commission;
       (II) the Department of Defense;
       (III) the Intelligence Advanced Research Projects Activity 
     of the Office of the Director of National Intelligence;
       (IV) the National Institute of Standards and Technology;
       (V) the Department of State;
       (VI) the National Science Foundation; and
       (VII) the Department of Homeland Security; and

       (ii) other representatives from the private and public 
     sectors, at the discretion of the NTIA Administrator.
       (C) Duties.--The advisory committee established under 
     subparagraph (A) shall advise the NTIA Administrator on 
     technology developments to help inform--
       (i) the strategic direction of the R&D Fund; and
       (ii) efforts of the Federal Government to promote a more 
     secure, diverse, sustainable, and competitive supply chain.
       (6) Reports to congress.--
       (A) Initial report.--Not later than 180 days after the date 
     of enactment of this Act, the NTIA Administrator shall submit 
     to the relevant committees of Congress a report with--
       (i) additional recommendations on promoting the 
     competitiveness and sustainability of trusted suppliers in 
     the wireless supply chain; and
       (ii) any additional authorities needed to facilitate the 
     timely adoption of open standards-based equipment, including 
     authority to provide loans, loan guarantees, and other forms 
     of credit extension that would maximize the use of designated 
     funds.
       (B) Annual report.--For each fiscal year for which amounts 
     in the R&D Fund are available under this subsection, the NTIA 
     Administrator shall submit to Congress a report that--
       (i) describes how, and to whom, amounts in the R&D Fund 
     have been deployed;
       (ii) details the progress of the NTIA Administrator in 
     meeting the objectives described in paragraph (3); and
       (iii) includes any additional information that the NTIA 
     Administrator determines appropriate.
       (c) Multilateral Telecommunications Security Fund.--
       (1) Establishment of fund.--
       (A) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the 
     ``Multilateral Telecommunications Security Fund''.
       (B) Use of fund.--Amounts appropriated to the Multilateral 
     Telecommunications Security Fund shall be available to the 
     Secretary of State to make expenditures under this subsection 
     in such amounts as the Secretary of State determines 
     appropriate.
       (C) Availability.--
       (i) In general.--Amounts deposited in the Multilateral 
     Telecommunications Security Fund--

       (I) shall remain available through the end of the tenth 
     fiscal year beginning after the date of enactment of this 
     Act; and
       (II) may only be allocated upon the Secretary of State 
     reaching an agreement with foreign government partners to 
     participate in the common funding mechanism described in 
     paragraph (2).

       (ii) Remainder to treasury.--Any amounts remaining in the 
     Multilateral Telecommunications Security Fund after the end 
     of the tenth fiscal year beginning after the date of 
     enactment of this Act shall be deposited in the general fund 
     of the Treasury.
       (2) Administration of fund.--The Secretary of State, in 
     consultation with the NTIA Administrator, the Secretary of 
     Homeland Security, the Secretary of Defense, the Secretary of 
     the Treasury, the Director of National Intelligence, and the 
     Commission, shall establish a common funding mechanism, in 
     coordination with foreign partners, that uses amounts from 
     the Multilateral Telecommunications Security Fund to support 
     the development and adoption of secure and trusted 
     telecommunications technologies.
       (3) Annual report to congress.--Not later than 1 year after 
     the date of enactment of this Act, and annually thereafter 
     for each fiscal year during which amounts in the Multilateral 
     Telecommunications Security Fund are available, the Secretary 
     of State shall submit to the relevant committees of Congress 
     a report on the status and progress of the funding mechanism 
     established under paragraph (2), including--
       (A) any funding commitments from foreign partners, 
     including each specific amount committed;
       (B) governing criteria for use of the Multilateral 
     Telecommunications Security Fund;
       (C) an account of--
       (i) how, and to whom, funds have been deployed;
       (ii) amounts remaining in the Multilateral 
     Telecommunications Security Fund; and
       (iii) the progress of the Secretary of State in meeting the 
     objective described in paragraph (2); and
       (D) additional authorities needed to enhance the 
     effectiveness of the Multilateral Telecommunications Security 
     Fund in achieving the security goals of the United States.

     SEC. 503. PROMOTING UNITED STATES LEADERSHIP IN INTERNATIONAL 
                   ORGANIZATIONS AND COMMUNICATIONS STANDARDS-
                   SETTING BODIES.

       (a) In General.--The Secretary of State, the Secretary of 
     Commerce, and the Chairman of the Commission, or their 
     designees, shall consider how to enhance representation of 
     the United States at international forums that set standards 
     for 5G networks and for future generations of wireless 
     communications networks, including--
       (1) the International Telecommunication Union (commonly 
     known as ``ITU'');

[[Page S3673]]

       (2) the International Organization for Standardization 
     (commonly known as ``ISO'');
       (3) the Inter-American Telecommunications Commission 
     (commonly known as ``CITEL''); and
       (4) the voluntary standards organizations that develop 
     protocols for wireless devices and other equipment, such as 
     the 3GPP and the Institute of Electrical and Electronics 
     Engineers (commonly known as ``IEEE'').
       (b) Annual Report.--The Secretary of State, the Secretary 
     of Commerce, and the Chairman of the Commission shall jointly 
     submit to the relevant committees of Congress an annual 
     report on the progress made under subsection (a).

                 Subtitle B--Reports and Other Matters

     SEC. 511. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD 
                   TELECOMMUNICATIONS AND CYBERSECURITY EQUIPMENT 
                   AND SERVICES FOR, OR TO PROVIDE SUCH EQUIPMENT 
                   AND SERVICES TO, CERTAIN ALLIES OF THE UNITED 
                   STATES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Five eyes country.--The term ``Five Eyes country'' 
     means any of the following:
       (A) Australia.
       (B) Canada.
       (C) New Zealand.
       (D) The United Kingdom.
       (E) The United States.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Central 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the Defense Intelligence Agency 
     shall jointly submit to the appropriate committees of 
     Congress a report on attempts by foreign adversaries to build 
     telecommunications and cybersecurity equipment and services 
     for, or to provide such equipment and services to, Five Eyes 
     countries.
       (c) Elements.--The report submitted under subsection (b) 
     shall include the following:
       (1) An assessment of United States intelligence sharing and 
     intelligence and military force posture in any Five Eyes 
     country that currently uses or intends to use 
     telecommunications or cybersecurity equipment or services 
     provided by a foreign adversary of the United States, 
     including China and Russia.
       (2) A description and assessment of mitigation of any 
     potential compromises or risks for any circumstance described 
     in paragraph (1).
       (d) Form.--The report required by subsection (b) shall 
     include an unclassified executive summary, and may include a 
     classified annex.

     SEC. 512. REPORT ON THREATS POSED BY USE BY FOREIGN 
                   GOVERNMENTS AND ENTITIES OF COMMERCIALLY 
                   AVAILABLE CYBER INTRUSION AND SURVEILLANCE 
                   TECHNOLOGY.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on the threats posed by the use by 
     foreign governments and entities of commercially available 
     cyber intrusion and other surveillance technology.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) Matters relating to threats described in subsection (a) 
     as they pertain to the following:
       (A) The threat posed to United States persons and persons 
     inside the United States.
       (B) The threat posed to United States personnel overseas.
       (C) The threat posed to employees of the Federal 
     Government, including through both official and personal 
     accounts and devices.
       (2) A description of which foreign governments and entities 
     pose the greatest threats from the use of technology 
     described in subsection (a) and the nature of those threats.
       (3) An assessment of the source of the commercially 
     available cyber intrusion and other surveillance technology 
     that poses the threats described in subsection (a), including 
     whether such technology is made by United States companies or 
     companies in the United States or by foreign companies.
       (4) An assessment of actions taken, as of the date of the 
     enactment of this Act, by the Federal Government and foreign 
     governments to limit the export of technology described in 
     subsection (a) from the United States or foreign countries to 
     foreign governments and entities in ways that pose the 
     threats described in such subsection.
       (5) Matters relating to how the Federal Government, 
     Congress, and foreign governments can most effectively 
     mitigate the threats described in subsection (a), including 
     matters relating to the following:
       (A) Working with the technology and telecommunications 
     industry to identify and improve the security of consumer 
     software and hardware used by United States persons and 
     persons inside the United States that is targeted by 
     commercial cyber intrusion and surveillance software.
       (B) Export controls.
       (C) Diplomatic pressure.
       (D) Trade agreements.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 513. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE 
                   SOLARIUM COMMISSION.

       (a) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Energy and Natural 
     Resources of the Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Homeland 
     Security, the Committee on Science, Space, and Technology, 
     and the Committee on Energy and Commerce of the House of 
     Representatives.
       (b) Reports Required.--Not later than 180 days after the 
     date of the enactment of this Act, each head of an agency 
     described in subsection (c) shall submit to the appropriate 
     committees of Congress a report on the recommendations 
     included 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).
       (c) Agencies Described.--The agencies described in this 
     subsection are the following:
       (1) The Office of the Director of National Intelligence.
       (2) The Department of Homeland Security.
       (3) The Department of Energy.
       (4) The Department of Commerce.
       (5) The Department of Defense.
       (d) Contents.--Each report submitted under subsection (b) 
     by the head of an agency described in subsection (c) shall 
     include the following:
       (1) An evaluation of the recommendations in the report 
     described in subsection (b) that the agency identifies as 
     pertaining directly to the agency.
       (2) A description of the actions taken, or the actions that 
     the head of the agency may consider taking, to implement any 
     of the recommendations (including a comprehensive estimate of 
     requirements for appropriations to take such actions).

     SEC. 514. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING 
                   TO ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND 
                   SEMICONDUCTORS AND RELATED SUPPLY CHAINS.

       (a) Assessment Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall complete a detailed assessment of critical 
     technology trends relating to artificial intelligence, 
     microchips, and semiconductors and related supply chains.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) Export controls.--
       (A) In general.--An assessment of efforts by partner 
     countries to enact and implement export controls and other 
     technology transfer measures with respect to artificial 
     intelligence, microchips, advanced manufacturing equipment, 
     and other artificial intelligence enabled technologies 
     critical to United States supply chains.
       (B) Identification of opportunities for cooperation.--The 
     assessment under subparagraph (A) shall identify 
     opportunities for further cooperation with international 
     partners on a multilateral and bilateral basis to strengthen 
     export control regimes and address technology transfer 
     threats.
       (2) Semiconductor supply chains.--
       (A) In general.--An assessment of global semiconductor 
     supply chains, including areas to reduce United States 
     vulnerabilities and maximize points of leverage.
       (B) Analysis of potential effects.--The assessment under 
     subparagraph (A) shall include an analysis of the potential 
     effects of significant geopolitical shifts, including those 
     related to Taiwan.
       (C) Identification of opportunities for diversification.--
     The assessment under subparagraph (A) shall also identify 
     opportunities for diversification of United States supply 
     chains, including an assessment of cost, challenges, and 
     opportunities to diversify manufacturing capabilities on a 
     multinational basis.
       (3) Computing power.--An assessment of trends relating to 
     computing power and the effect of such trends on global 
     artificial intelligence development and implementation, in 
     consultation with the Director of the Intelligence Advanced 
     Research Projects Activity, the Director of the Defense 
     Advanced Research Projects Agency, and the Director of the 
     National Institute of Standards and Technology, including 
     forward-looking assessments of how computing resources may 
     affect United States national security, innovation, and 
     implementation relating to artificial intelligence.
       (c) Report.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Financial 
     Services,

[[Page S3674]]

     and the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director shall submit to the 
     appropriate committees of Congress a report on the findings 
     of the Director with respect to the assessment completed 
     under subsection (a).
       (3) Form.--The report submitted under paragraph (2) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 515. COMBATING CHINESE INFLUENCE OPERATIONS IN THE 
                   UNITED STATES AND STRENGTHENING CIVIL LIBERTIES 
                   PROTECTIONS.

       (a) Updates to Annual Reports on Influence Operations and 
     Campaigns in the United States by the Chinese Communist 
     Party.--Section 1107(b) of the National Security Act of 1947 
     (50 U.S.C. 3237(b)) is amended--
       (1) by redesignating paragraph (8) as paragraph (9); and
       (2) by inserting after paragraph (7) the following:
       ``(8) An identification of influence activities and 
     operations employed by the Chinese Communist Party against 
     the United States science and technology sectors, 
     specifically employees of the United States Government, 
     researchers, scientists, and students in the science and 
     technology sector in the United States.''.
       (b) Plan for Federal Bureau of Investigation to Increase 
     Public Awareness and Detection of Influence Activities by the 
     Government of the People's Republic of China.--
       (1) Plan required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Federal 
     Bureau of Investigation shall submit to the congressional 
     intelligence committees a plan--
       (A) to increase public awareness of influence activities by 
     the Government of the People's Republic of China; and
       (B) to publicize mechanisms that members of the public can 
     use--
       (i) to detect such activities; and
       (ii) to report such activities to the Bureau.
       (2) Consultation.--In carrying out paragraph (1), the 
     Director shall consult with the following:
       (A) The Director of the Office of Science and Technology 
     Policy.
       (B) Such other stakeholders outside the intelligence 
     community, including professional associations, institutions 
     of higher education, businesses, and civil rights and 
     multicultural organizations, as the Director determines 
     relevant.
       (c) Recommendations of the Federal Bureau of Investigation 
     to Strengthen Relationships and Build Trust With Communities 
     of Interest.--
       (1) In general.--The Director of the Federal Bureau of 
     Investigation, in consultation with the Assistant Attorney 
     General for the Civil Rights Division and the Chief Privacy 
     and Civil Liberties Officer of the Department of Justice, 
     shall develop recommendations to strengthen relationships 
     with communities targeted by influence activities of the 
     Government of the People's Republic of China and build trust 
     with such communities through local and regional grassroots 
     outreach.
       (2) Submittal to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Director shall submit 
     to Congress the recommendations developed under paragraph 
     (1).
       (d) Technical Corrections.--The National Security Act of 
     1947 (50 U.S.C. 3001 et seq.) is amended--
       (1) in section 1107 (50 U.S.C. 3237)--
       (A) in the section heading, by striking ``communist party 
     of china'' and inserting ``chinese communist party''; and
       (B) by striking ``Communist Party of China'' both places it 
     appears and inserting ``Chinese Communist Party''; and
       (2) in the table of contents before section 2 (50 U.S.C. 
     3002), by striking the item relating to section 1107 and 
     inserting the following new item:

``Sec. 1107. Annual reports on influence operations and campaigns in 
              the United States by the Chinese Communist Party.''.

     SEC. 516. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR 
                   OFFICIALS OF THE CHINESE COMMUNIST PARTY.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on Foreign Relations, 
     and the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (b) Annual Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2025, the Director of the Central Intelligence Agency shall 
     submit to the appropriate committees of Congress a report on 
     the corruption and corrupt activities of senior officials of 
     the Chinese Communist Party.
       (2) Elements.--
       (A) In general.--Each report under paragraph (1) shall 
     include the following:
       (i) A description of the wealth of, and corruption and 
     corrupt activities among, senior officials of the Chinese 
     Communist Party.
       (ii) A description of any recent actions of the officials 
     described in clause (i) that could be considered a violation, 
     or potential violation, of United States law.
       (iii) A description and assessment of targeted financial 
     measures, including potential targets for designation of the 
     officials described in clause (i) for the corruption and 
     corrupt activities described in that clause and for the 
     actions described in clause (ii).
       (B) Scope of reports.--The first report under paragraph (1) 
     shall include comprehensive information on the matters 
     described in subparagraph (A). Any succeeding report under 
     paragraph (1) may consist of an update or supplement to the 
     preceding report under that subsection.
       (3) Coordination.--In preparing each report, update, or 
     supplement under this subsection, the Director of the Central 
     Intelligence Agency shall coordinate as follows:
       (A) In preparing the description required by clause (i) of 
     paragraph (2)(A), the Director of the Central Intelligence 
     Agency shall coordinate with the head of the Office of 
     Intelligence and Analysis of the Department of the Treasury 
     and the Director of the Federal Bureau of Investigation.
       (B) In preparing the descriptions required by clauses (ii) 
     and (iii) of such paragraph, the Director of the Central 
     Intelligence Agency shall coordinate with the head of the 
     Office of Intelligence and Analysis of the Department of the 
     Treasury.
       (4) Form.--Each report under paragraph (1) shall include an 
     unclassified executive summary, and may include a classified 
     annex.
       (c) Sense of Congress.--It is the sense of Congress that 
     the United States should undertake every effort and pursue 
     every opportunity to expose the corruption and illicit 
     practices of senior officials of the Chinese Communist Party, 
     including President Xi Jinping.

     SEC. 517. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER 
                   EASTERN EUROPEAN OLIGARCHS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on Foreign Relations, 
     and the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (b) Report Required.--Not later than 100 days after the 
     date of the enactment of this Act, the Director of the 
     Central Intelligence Agency shall submit to the appropriate 
     committees of Congress and the Undersecretary of State for 
     Public Diplomacy and Public Affairs a report on the 
     corruption and corrupt activities of Russian and other 
     Eastern European oligarchs.
       (c) Elements.--
       (1) In general.--Each report under subsection (b) shall 
     include the following:
       (A) A description of corruption and corrupt activities 
     among Russian and other Eastern European oligarchs who 
     support the Government of the Russian Federation, including 
     estimates of the total assets of such oligarchs.
       (B) An assessment of the impact of the corruption and 
     corrupt activities described pursuant to subparagraph (A) on 
     the economy and citizens of Russia.
       (C) A description of any connections to, or support of, 
     organized crime, drug smuggling, or human trafficking by an 
     oligarch covered by subparagraph (A).
       (D) A description of any information that reveals 
     corruption and corrupt activities in Russia among oligarchs 
     covered by subparagraph (A).
       (E) A description and assessment of potential sanctions 
     actions that could be imposed upon oligarchs covered by 
     subparagraph (A) who support the leadership of the Government 
     of Russia, including President Vladimir Putin.
       (2) Scope of reports.--The first report under subsection 
     (a) shall include comprehensive information on the matters 
     described in paragraph (1). Any succeeding report under 
     subsection (a) may consist of an update or supplement to the 
     preceding report under that subsection.
       (d) Coordination.--In preparing each report, update, or 
     supplement under this section, the Director of the Central 
     Intelligence Agency shall coordinate as follows:
       (1) In preparing the assessment and descriptions required 
     by subparagraphs (A) through (D) of subsection (c)(1), the 
     Director of the Central Intelligence Agency shall coordinate 
     with the head of the Office of Intelligence and Analysis of 
     the Department of the Treasury and the Director of the 
     Federal Bureau of Investigation.
       (2) In preparing the description and assessment required by 
     subparagraph (E) of such subsection, the Director of the 
     Central Intelligence Agency shall coordinate with the head of 
     the Office of Intelligence and Analysis of the Department of 
     the Treasury.
       (e) Form.--
       (1) In general.--Subject to paragraph (2), each report 
     under subsection (b) shall include an unclassified executive 
     summary, and may include a classified annex.

[[Page S3675]]

       (2) Unclassified form of certain information.--The 
     information described in subsection (c)(1)(D) in each report 
     under subsection (b) shall be submitted in unclassified form.

     SEC. 518. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY 
                   THE CHINESE COMMUNIST PARTY AND THE GOVERNMENT 
                   OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Foreign Relations, the 
     Committee on Health, Education, Labor, and Pensions, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Energy and 
     Commerce, the Committee on Foreign Affairs, and the Committee 
     on Homeland Security of the House of Representatives.
       (2) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report identifying whether and how officials of 
     the Chinese Communist Party and the Government of the 
     People's Republic of China may have sought--
       (1) to suppress information about--
       (A) the outbreak of the novel coronavirus in Wuhan;
       (B) the spread of the virus through China; and
       (C) the transmission of the virus to other countries;
       (2) to spread disinformation relating to the pandemic; or
       (3) to exploit the pandemic to advance their national 
     security interests.
       (c) Assessments.--The report required by subsection (b) 
     shall include assessments of reported actions and the effect 
     of those actions on efforts to contain the novel coronavirus 
     pandemic, including each of the following:
       (1) The origins of the novel coronavirus outbreak, the time 
     and location of initial infections, and the mode and speed of 
     early viral spread.
       (2) Actions taken by the Government of China to suppress, 
     conceal, or misinform the people of China and those of other 
     countries about the novel coronavirus outbreak in Wuhan.
       (3) The effect of disinformation or the failure of the 
     Government of China to fully disclose details of the outbreak 
     on response efforts of local governments in China and other 
     countries.
       (4) Diplomatic, political, economic, intelligence, or other 
     pressure on other countries and international organizations 
     to conceal information about the spread of the novel 
     coronavirus and the response of the Government of China to 
     the contagion, as well as to influence or coerce early 
     responses to the pandemic by other countries.
       (5) Efforts by officials of the Government of China to deny 
     access to health experts and international health 
     organizations to afflicted individuals in Wuhan, pertinent 
     areas of the city, or laboratories of interest in China, 
     including the Wuhan Institute of Virology.
       (6) Efforts by the Government of China, or those acting at 
     its direction or with its assistance, to conduct cyber 
     operations against international, national, or private health 
     organizations conducting research relating to the novel 
     coronavirus or operating in response to the pandemic.
       (7) Efforts to control, restrict, or manipulate relevant 
     segments of global supply chains, particularly in the sale, 
     trade, or provision of relevant medicines, medical supplies, 
     or medical equipment as a result of the pandemic.
       (8) Efforts to advance the economic, intelligence, national 
     security, and political objectives of the Government of China 
     by exploiting vulnerabilities of foreign governments, 
     economies, and companies under financial duress as a result 
     of the pandemic or to accelerate economic espionage and 
     intellectual property theft.
       (9) Efforts to exploit the disruption of the pharmaceutical 
     and telecommunications industries as well as other industries 
     tied to critical infrastructure and bilateral trade between 
     China and the United States and between China and allies and 
     partners of the United States in order to advance the 
     economic and political objectives of the Government of China 
     following the pandemic.
       (d) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 519. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS 
                   EMBARGO ON ISLAMIC REPUBLIC OF IRAN.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Defense 
     Intelligence Agency, in consultation with such heads of other 
     elements of the intelligence community as the Director 
     considers appropriate, shall submit to the appropriate 
     committees of Congress a report on--
       (1) the plans of the Government of the Islamic Republic of 
     Iran to acquire military arms if the ban on arms transfers to 
     or from such government under United Nations Security Council 
     resolutions are lifted; and
       (2) the effect such arms acquisitions may have on regional 
     security and stability.
       (c) Contents.--The report submitted under subsection (b) 
     shall include assessments relating to plans of the Government 
     of the Islamic Republic of Iran to acquire additional 
     weapons, the intention of other countries to provide such 
     weapons, and the effect such acquisition and provision would 
     have on regional stability, including with respect to each of 
     the following:
       (1) The type and quantity of weapon systems under 
     consideration for acquisition.
       (2) The countries of origin of such systems.
       (3) Likely reactions of other countries in the region to 
     such acquisition, including the potential for proliferation 
     by other countries in response.
       (4) The threat that such acquisition could present to 
     international commerce and energy supplies in the region, and 
     the potential implications for the national security of the 
     United States.
       (5) The threat that such acquisition could present to the 
     Armed Forces of the United States, of countries allied with 
     the United States, and of countries partnered with the United 
     States stationed in or deployed in the region.
       (6) The potential that such acquisition could be used to 
     deliver chemical, biological, or nuclear weapons.
       (7) The potential for the Government of the Islamic 
     Republic of Iran to proliferate weapons acquired in the 
     absence of an arms embargo to regional groups, including 
     Shi'a militia groups backed by such government.
       (d) Form.--The report submitted under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 520. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR 
                   NONPROLIFERATION.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report assessing--
       (1) any relevant activities potentially relating to nuclear 
     weapons research and development by the Islamic Republic of 
     Iran; and
       (2) any relevant efforts to afford or deny international 
     access in accordance with international nonproliferation 
     agreements.
       (c) Assessments.--The report required by subsection (b) 
     shall include assessments, for the period beginning on 
     January 1, 2018, and ending on the date of the submittal of 
     the report, of the following:
       (1) Activities to research, develop, or enrich uranium or 
     reprocess plutonium with the intent or capability of creating 
     weapons-grade nuclear material.
       (2) Research, development, testing, or design activities 
     that could contribute to or inform construction of a device 
     intended to initiate or capable of initiating a nuclear 
     explosion.
       (3) Efforts to receive, transmit, store, destroy, relocate, 
     archive, or otherwise preserve research, processes, products, 
     or enabling materials relevant or relating to any efforts 
     assessed under paragraph (1) or (2).
       (4) Efforts to afford or deny international access, in 
     accordance with international nonproliferation agreements, to 
     locations, individuals, and materials relating to activities 
     described in paragraph (1), (2), or (3).
       (d) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 521. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.

       It is the sense of the Congress that--
       (1) the work of the Third Option Foundation to heal, help, 
     and honor members of the special operations community of the 
     Central Intelligence Agency and their families is invaluable; 
     and
       (2) the Director of the Central Intelligence Agency should 
     work closely with the Third Option Foundation in implementing 
     section 19A of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3519b), as added by section 6412 of the Damon Paul 
     Nelson and Matthew Young Pollard Intelligence Authorization 
     Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116-
     92).
                                 ______
                                 
  SA 2227. Mr. PERDUE (for himself and Mrs. Loeffler) submitted an 
amendment intended to be proposed by

[[Page S3676]]

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:

       Section 219(d)(2) is amended by inserting ``and shall 
     include a survey of the availability of such infrastructure 
     in the United States, including commercial capabilities'' 
     before the period.
                                 ______
                                 
  SA 2228. 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 division A, add the following:

      TITLE XVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
                       COMMISSIONED OFFICER CORPS

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

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

                     Subtitle A--General Provisions

     SEC. 1711. STRENGTH AND DISTRIBUTION IN GRADE.

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

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

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

     SEC. 1712. RECALLED OFFICERS.

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

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

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

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

     SEC. 1713. OBLIGATED SERVICE REQUIREMENT.

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

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

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

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

     SEC. 1714. TRAINING AND PHYSICAL FITNESS.

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

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

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

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

     SEC. 1715. AVIATION ACCESSION TRAINING PROGRAMS.

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

     ``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Under Secretary of Commerce for Oceans and Atmosphere and the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Member of the program.--The term `member of the 
     program' means a student who is enrolled in the program.
       ``(3) Program.--The term `program' means an aviation 
     accession training program of

[[Page S3677]]

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

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

     SEC. 1716. RECRUITING MATERIALS.

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

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

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

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

     SEC. 1717. TECHNICAL CORRECTION.

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

                   Subtitle B--Parity and Recruitment

     SEC. 1721. EDUCATION LOANS.

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

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy one of the requirements specified in 
     subsection (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the commissioned officer corps of the 
     Administration; and
       ``(3) sign a written agreement to serve on active duty, or, 
     if on active duty, to remain on active duty for a period in 
     addition to any other incurred active duty obligation.
       ``(c) Academic and Professional Requirements.--One of the 
     following academic requirements must be satisfied for 
     purposes of determining the eligibility of an individual for 
     a loan repayment under this section:
       ``(1) The person is fully qualified in a profession that 
     the Secretary has determined to be necessary to meet 
     identified skill shortages in the commissioned officer corps.
       ``(2) The person is enrolled as a full-time student in the 
     final year of a course of study at an accredited educational 
     institution (as

[[Page S3678]]

     determined by the Secretary of Education) leading to a degree 
     in a profession that will meet identified skill shortages in 
     the commissioned officer corps.
       ``(d) Loan Repayments.--
       ``(1) In general.--Subject to the limits established under 
     paragraph (2), a loan repayment under this section may 
     consist of the payment of the principal, interest, and 
     related expenses of a loan obtained by a person described in 
     subsection (b).
       ``(2) Limitation on amount.--For each year of obligated 
     service that a person agrees to serve in an agreement 
     described in subsection (b)(3), the Secretary may pay not 
     more than the amount specified in section 2173(e)(2) of title 
     10, United States Code.
       ``(e) Active Duty Service Obligation.--
       ``(1) In general.--A person entering into an agreement 
     described in subsection (b)(3) incurs an active duty service 
     obligation.
       ``(2) Length of obligation determined under regulations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the length of the obligation under paragraph (1) shall be 
     determined under regulations prescribed by the Secretary.
       ``(B) Minimum obligation.--The regulations prescribed under 
     subparagraph (A) may not provide for a period of obligation 
     of less than one year for each maximum annual amount, or 
     portion thereof, paid on behalf of the person for qualified 
     loans.
       ``(3) Persons on active duty before entering into 
     agreement.--The active duty service obligation of persons on 
     active duty before entering into the agreement shall be 
     served after the conclusion of any other obligation incurred 
     under the agreement.
       ``(4) Concurrent completion of service obligations.--A 
     service obligation under this section may be completed 
     concurrently with a service obligation under section 216.
       ``(f) Effect of Failure To Complete Obligation.--
       ``(1) Alternative obligations.--An officer who is relieved 
     of the officer's active duty obligation under this section 
     before the completion of that obligation may be given any 
     alternative obligation, at the discretion of the Secretary.
       ``(2) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (b)(3), or the alternative obligation 
     imposed under paragraph (1), shall be subject to the 
     repayment provisions under section 216.
       ``(g) Rulemaking.--The Secretary shall prescribe 
     regulations to carry out this section, including--
       ``(1) standards for qualified loans and authorized payees; 
     and
       ``(2) other terms and conditions for the making of loan 
     repayments.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 266 the following:

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

     SEC. 1722. INTEREST PAYMENTS.

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

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

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

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

     SEC. 1723. STUDENT PRE-COMMISSIONING PROGRAM.

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

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

       ``(a) Authority To Provide Financial Assistance.--For the 
     purpose of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty, the Secretary may provide financial assistance to a 
     person described in subsection (b) for expenses of the person 
     while the person is pursuing on a full-time basis at an 
     accredited educational institution (as determined by the 
     Secretary of Education) a program of education approved by 
     the Secretary that leads to--
       ``(1) a baccalaureate degree in not more than five academic 
     years; or
       ``(2) a postbaccalaureate degree.
       ``(b) Eligible Persons.--
       ``(1) In general.--A person is eligible to obtain financial 
     assistance under subsection (a) if the person--
       ``(A) is enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any educational 
     institution described in such subsection;
       ``(B) meets all of the requirements for acceptance into the 
     commissioned officer corps of the Administration except for 
     the completion of a baccalaureate degree; and
       ``(C) enters into a written agreement with the Secretary 
     described in paragraph (2).
       ``(2) Agreement.--A written agreement referred to in 
     paragraph (1)(C) is an agreement between the person and the 
     Secretary in which the person--
       ``(A) agrees to accept an appointment as an officer, if 
     tendered; and
       ``(B) upon completion of the person's educational program, 
     agrees to serve on active duty, immediately after 
     appointment, for--
       ``(i) up to three years if the person received less than 
     three years of assistance; and
       ``(ii) up to five years if the person received at least 
     three years of assistance.
       ``(c) Qualifying Expenses.--Expenses for which financial 
     assistance may be provided under subsection (a) are the 
     following:
       ``(1) Tuition and fees charged by the educational 
     institution involved.
       ``(2) The cost of educational materials.
       ``(3) In the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses.
       ``(4) Such other expenses as the Secretary considers 
     appropriate.
       ``(d) Limitation on Amount.--The Secretary shall prescribe 
     the amount of financial assistance provided to a person under 
     subsection (a), which may not exceed the amount specified in 
     section 2173(e)(2) of title 10, United States Code, for each 
     year of obligated service that a person agrees to serve in an 
     agreement described in subsection (b)(2).
       ``(e) Duration of Assistance.--Financial assistance may be 
     provided to a person under subsection (a) for not more than 
     five consecutive academic years.
       ``(f) Subsistence Allowance.--
       ``(1) In general.--A person who receives financial 
     assistance under subsection (a) shall be entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     paragraph (2) for the duration of the period for which the 
     person receives such financial assistance.

[[Page S3679]]

       ``(2) Determination of amount.--The Secretary shall 
     prescribe monthly rates for subsistence allowance provided 
     under paragraph (1), which shall be equal to the amount 
     specified in section 2144(a) of title 10, United States Code.
       ``(g) Initial Clothing Allowance.--
       ``(1) Training.--The Secretary may prescribe a sum which 
     shall be credited to each person who receives financial 
     assistance under subsection (a) to cover the cost of the 
     person's initial clothing and equipment issue.
       ``(2) Appointment.--Upon completion of the program of 
     education for which a person receives financial assistance 
     under subsection (a) and acceptance of appointment in the 
     commissioned officer corps of the Administration, the person 
     may be issued a subsequent clothing allowance equivalent to 
     that normally provided to a newly appointed officer.
       ``(h) Termination of Financial Assistance.--
       ``(1) In general.--The Secretary shall terminate the 
     assistance provided to a person under this section if--
       ``(A) the Secretary accepts a request by the person to be 
     released from an agreement described in subsection (b)(2);
       ``(B) the misconduct of the person results in a failure to 
     complete the period of active duty required under the 
     agreement; or
       ``(C) the person fails to fulfill any term or condition of 
     the agreement.
       ``(2) Reimbursement.--The Secretary may require a person 
     who receives assistance described in subsection (c), (f), or 
     (g) under an agreement entered into under subsection 
     (b)(1)(C) to reimburse the Secretary in an amount that bears 
     the same ratio to the total costs of the assistance provided 
     to that person as the unserved portion of active duty bears 
     to the total period of active duty the officer agreed to 
     serve under the agreement.
       ``(3) Waiver.--The Secretary may waive the service 
     obligation of a person through an agreement entered into 
     under subsection (b)(1)(C) if the person--
       ``(A) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that person; or
       ``(B) is--
       ``(i) not physically qualified for appointment; and
       ``(ii) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     person's own misconduct or grossly negligent conduct.
       ``(4) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary imposed under paragraph (2) is, 
     for all purposes, a debt owed to the United States.
       ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11, United States Code, that is entered less than 
     five years after the termination of a written agreement 
     entered into under subsection (b)(1)(C) does not discharge 
     the person signing the agreement from a debt arising under 
     such agreement or under paragraph (2).
       ``(i) Regulations.--The Secretary may prescribe such 
     regulations and orders as the Secretary considers appropriate 
     to carry out this section.
       ``(j) Concurrent Completion of Service Obligations.--A 
     service obligation under this section may be completed 
     concurrently with a service obligation under section 216.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 1722(c), is 
     further amended by inserting after the item relating to 
     section 268 the following:

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

     SEC. 1724. LIMITATION ON EDUCATIONAL ASSISTANCE.

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

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

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (22) through (25), respectively;
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (14) through (19), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.
       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';
       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Section 1074n, relating to annual mental health 
     assessments.
       ``(12) Section 1090a, relating to referrals for mental 
     health evaluations.
       ``(13) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (19), as redesignated, the 
     following:
       ``(20) Subchapter I of chapter 88, relating to Military 
     Family Programs.
       ``(21) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their families.--Section 1588 of such title is 
     amended--
       (A) in subsection (a)(3), in the matter before subparagraph 
     (A), by striking ``armed forces'' and inserting ``uniformed 
     services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA Corps and Their Families.--
     For purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration.''.
       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), in the matter before subparagraph 
     (A), by inserting ``or the Secretary of Commerce, as 
     applicable,'' after ``the Secretary of Defense''.

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

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

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

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


[[Page S3680]]


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

     SEC. 1727. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

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

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

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

     SEC. 1729. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

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

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

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

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

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

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

           Subtitle C--Appointments and Promotion of Officers

     SEC. 1731. APPOINTMENTS.

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

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

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

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

     SEC. 1732. PERSONNEL BOARDS.

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

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.

[[Page S3681]]

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

     SEC. 1733. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

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

     SEC. 1734. TEMPORARY APPOINTMENTS.

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

     ``SEC. 229. TEMPORARY APPOINTMENTS.

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

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

     SEC. 1735. OFFICER CANDIDATES.

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

     ``SEC. 234. OFFICER CANDIDATES.

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

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

     SEC. 1736. PROCUREMENT OF PERSONNEL.

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

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

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

``235. Procurement of personnel.''.

     SEC. 1737. CAREER INTERMISSION PROGRAM.

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

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

       ``(a) Programs Authorized.--The Secretary may carry out a 
     program under which

[[Page S3682]]

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

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

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

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

           Subtitle D--Separation and Retirement of Officers

     SEC. 1741. INVOLUNTARY RETIREMENT OR SEPARATION.

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

     SEC. 1742. SEPARATION PAY.

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

[[Page S3683]]

       ``(2) requests removal from the list of selectees.''.
                                 ______
                                 
  SA 2229. Mr. CRAPO (for himself, Mrs. Shaheen, and Mr. Risch) 
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 division A, add the following:

                    TITLE XVII--BRING OUR HEROS HOME

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Bring Our Heroes Home 
     Act''.

     SEC. 1702. FINDINGS, DECLARATIONS, AND PURPOSES.

       (a) Findings and Declarations.--Congress finds and declares 
     the following:
       (1) A vast number of records relating to Missing Armed 
     Forces Personnel have not been identified, located, or 
     transferred to the National Archives following review and 
     declassification. Only in the rarest cases is there any 
     legitimate need for continued protection of records 
     pertaining to Missing Armed Forces Personnel who have been 
     missing for decades.
       (2) There has been insufficient priority placed on 
     identifying, locating, reviewing, or declassifying records 
     relating to Missing Armed Forces Personnel and then 
     transferring the records to the National Archives for public 
     access.
       (3) Mandates for declassification set forth in multiple 
     Executive orders have been broadly written, loosely 
     interpreted, and often ignored by Federal agencies in 
     possession and control of records related to Missing Armed 
     Forces Personnel.
       (4) No individual or entity has been tasked with oversight 
     of the identification, collection, review, and 
     declassification of records related to Missing Armed Forces 
     Personnel.
       (5) The interest, desire, workforce, and funding of Federal 
     agencies to assemble, review, and declassify records relating 
     to Missing Armed Forces Personnel have been lacking.
       (6) All records of the Federal Government relating to 
     Missing Armed Forces Personnel should be preserved for 
     historical and governmental purposes and for public research.
       (7) All records of the Federal Government relating to 
     Missing Armed Forces Personnel should carry a presumption of 
     declassification, and all such records should be disclosed 
     under this title to enable the fullest possible accounting 
     for Missing Armed Forces Personnel.
       (8) Legislation is necessary to create an enforceable, 
     independent, and accountable process for the public 
     disclosure of records relating to Missing Armed Forces 
     Personnel.
       (9) Legislation is necessary because section 552 of title 
     5, United States Code (commonly known as the ``Freedom of 
     Information Act''), as implemented by Federal agencies, has 
     prevented the timely public disclosure of records relating to 
     Missing Armed Forces Personnel.
       (b) Purposes.--The purposes of this title are--
       (1) to provide for the creation of the Missing Armed Forces 
     Personnel Records Collection at the National Archives; and
       (2) to require the expeditious public transmission to the 
     Archivist and public disclosure of Missing Armed Forces 
     Personnel records, subject to narrow exceptions, as set forth 
     in this title.

     SEC. 1703. DEFINITIONS.

       In this title:
       (1) Archivist.--The term ``Archivist'' means Archivist of 
     the United States.
       (2) Collection.--The term ``Collection'' means the Missing 
     Armed Forces Personnel Records Collection established under 
     section 1704(a).
       (3) Executive agency.--The term ``Executive agency''--
       (A) means an agency, as defined in section 552(f) of title 
     5, United States Code; and
       (B) includes any Executive department, military department, 
     Government corporation, Government controlled corporation, or 
     other establishment in the executive branch of the Federal 
     Government, including the Executive Office of the President, 
     any branch of the Armed Forces, and any independent 
     regulatory agency.
       (4) Executive branch missing armed forces personnel 
     record.--The term ``executive branch Missing Armed Forces 
     Personnel record'' means a Missing Armed Forces Personnel 
     record of an Executive agency, or information contained in 
     such a Missing Armed Forces Personnel record obtained by or 
     developed within the executive branch of the Federal 
     Government.
       (5) Government office.--The term ``Government office'' 
     means an Executive agency, the Library of Congress, or the 
     National Archives.
       (6) Missing armed forces personnel.--
       (A) Definition.--The term ``Missing Armed Forces 
     Personnel'' means 1 or more missing persons.
       (B) Inclusions.--The term ``Missing Armed Forces 
     Personnel'' includes an individual who was a missing person 
     and whose status was later changed to ``missing and presumed 
     dead''.
       (7) Missing armed forces personnel record.--The term 
     ``Missing Armed Forces Personnel record'' means a record that 
     relates, directly or indirectly, to the loss, fate, or status 
     of Missing Armed Forces Personnel that--
       (A) was created or made available for use by, obtained by, 
     or otherwise came into the custody, possession, or control 
     of--
       (i) any Government office;
       (ii) any Presidential library; or
       (iii) any of the Armed Forces; and
       (B) relates to 1 or more Missing Armed Forces Personnel who 
     became missing persons during the period--
       (i) beginning on December 7, 1941; and
       (ii) ending on the date of enactment of this Act.
       (8) Missing person.--The term ``missing person'' has the 
     meaning given that term in section 1513 of title 10, United 
     States Code.
       (9) National archives.--The term ``National Archives''--
       (A) means the National Archives and Records Administration; 
     and
       (B) includes any component of the National Archives and 
     Records Administration (including Presidential archival 
     depositories established under section 2112 of title 44, 
     United States Code).
       (10) Official investigation.--The term ``official 
     investigation'' means a review, briefing, inquiry, or hearing 
     relating to Missing Armed Forces Personnel conducted by a 
     Presidential commission, committee of Congress, or agency, 
     regardless of whether it is conducted independently, at the 
     request of any Presidential commission or committee of 
     Congress, or at the request of any official of the Federal 
     Government.
       (11) Originating body.--The term ``originating body'' means 
     the Government office or other initial source that created a 
     record or particular information within a record.
       (12) Public interest.--The term ``public interest'' means 
     the compelling interest in the prompt public disclosure of 
     Missing Armed Forces Personnel records for historical and 
     governmental purposes, for public research, and for the 
     purpose of fully informing the people of the United States, 
     most importantly families of Missing Armed Forces Personnel, 
     about the fate of the Missing Armed Forces Personnel and the 
     process by which the Federal Government has sought to account 
     for them.
       (13) Record.--The term ``record'' has the meaning given the 
     term ``records'' in section 3301 of title 44, United States 
     Code.
       (14) Review board.--The term ``Review Board'' means the 
     Missing Armed Forces Personnel Records Review Board 
     established under section 1707.

     SEC. 1704. MISSING ARMED FORCES PERSONNEL RECORDS COLLECTION 
                   AT THE NATIONAL ARCHIVES.

       (a) Establishment of Collection.--Not later than 90 days 
     after the date of enactment of this Act, the Archivist 
     shall--
       (1) commence establishment of a collection of records to be 
     known as the ``Missing Armed Forces Personnel Records 
     Collection'';
       (2) commence preparing the subject guidebook and index to 
     the Collection; and
       (3) establish criteria for Executive agencies to follow 
     when transmitting copies of Missing Armed Forces Personnel 
     Records to the Archivist, to include required metadata.
       (b) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Review Board shall promulgate 
     rules to establish guidelines and processes for the 
     disclosure of records contained in the Collection.

     SEC. 1705. REVIEW, IDENTIFICATION, TRANSMISSION TO THE 
                   NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF 
                   MISSING ARMED FORCES PERSONNEL RECORDS BY 
                   GOVERNMENT OFFICES.

       (a) In General.--
       (1) Preparation.--As soon as practicable after the date of 
     enactment of this Act, and sufficiently in advance of the 
     deadlines established under this title, each Government 
     office shall--
       (A) identify and locate any Missing Armed Forces Personnel 
     records in the custody, possession, or control of the 
     Government office; and
       (B) prepare for transmission to the Archivist in accordance 
     with the criteria established by the Archivist a copy of any 
     Missing Armed Forces Personnel records that have not 
     previously been transmitted to the Archivist by the 
     Government office.
       (2) Certification.--Each Government office shall submit to 
     the Archivist, under penalty of perjury, a certification 
     indicating--
       (A) whether the Government office has conducted a thorough 
     search for all Missing Armed Forces Personnel records in the 
     custody, possession, or control of the Government office; and
       (B) whether a copy of any Missing Armed Forces Personnel 
     record has not been transmitted to the Archivist.
       (3) Preservation.--No Missing Armed Forces Personnel record 
     shall be destroyed, altered, or mutilated in any way.
       (4) Effect of previous disclosure.--Information that was 
     made available or disclosed to the public before the date of 
     enactment of this Act in a Missing Armed Forces Personnel 
     record may not be withheld, redacted, postponed for public 
     disclosure, or reclassified.
       (5) Withheld and substantially redacted records.--For any 
     Missing Armed Forces Personnel record that is transmitted to 
     the Archivist which a Government office proposes to 
     substantially redact or withhold in

[[Page S3684]]

     full from public access, the head of the Government office 
     shall submit an unclassified and publicly releasable report 
     to the Archivist, the Review Board, and each appropriate 
     committee of the Senate and the House of Representatives 
     justifying the decision of the Government office to 
     substantially redact or withhold the record by demonstrating 
     that the release of information would clearly and 
     demonstrably be expected to cause an articulated harm, and 
     that the harm would be of such gravity as to outweigh the 
     public interest in access to the information.
       (b) Review.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, each Government office shall, in 
     accordance with the criteria established by the Archivist and 
     the rules promulgated under paragraph (2)--
       (A) identify, locate, copy, and review each Missing Armed 
     Forces Personnel record in the custody, possession, or 
     control of the Government office for transmission to the 
     Archivist and disclosure to the public or, if needed, review 
     by the Review Board; and
       (B) cooperate fully, in consultation with the Archivist, in 
     carrying out paragraph (3).
       (2) Requirement.--The Review Board shall promulgate rules 
     for the disclosure of relevant records by Government offices 
     under paragraph (1).
       (3) National archives records.--Not later than 180 days 
     after the date of enactment of this Act, the Archivist 
     shall--
       (A) locate and identify all Missing Armed Forces Personnel 
     records in the custody of the National Archives as of the 
     date of enactment of this Act that remain classified, in 
     whole or in part;
       (B) notify a Government office if the Archivist locates and 
     identifies a record of the Government office under 
     subparagraph (A); and
       (C) make each classified Missing Armed Forces Personnel 
     record located and identified under subparagraph (A) 
     available for review by Executive agencies through the 
     National Declassification Center established under Executive 
     Order 13526.
       (4) Records already public.--A Missing Armed Forces 
     Personnel record that is in the custody of the National 
     Archives on the date of enactment of this Act and that has 
     been publicly available in its entirety without redaction 
     shall be made available in the Collection without any 
     additional review by the Archivist, the Review Board, or any 
     other Government office under this title.
       (c) Transmission to the National Archives.--Each Government 
     office shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, commence transmission to the Archivist of copies of 
     the Missing Armed Forces Personnel records in the custody, 
     possession, or control of the Government office; and
       (2) not later than 1 year after the date of enactment of 
     this Act, complete transmission to the Archivist of copies of 
     all Missing Armed Forces Personnel records in the possession 
     or control of the Government office.
       (d) Periodic Review of Postponed Missing Armed Services 
     Personnel Records.--
       (1) In general.--All Missing Armed Forces Personnel 
     records, or information within a Missing Armed Forces 
     Personnel record, the public disclosure of which has been 
     postponed under the standards under this title shall be 
     reviewed by the originating body--
       (A)(i) periodically, but not less than every 5 years, after 
     the date on which the Review Board terminates under section 
     1707(o); and
       (ii) at the direction of the Archivist; and
       (B) consistent with the recommendations of the Review Board 
     under section 1709(b)(3)(B).
       (2) Contents.--
       (A) In general.--A periodic review of a Missing Armed 
     Forces Personnel record, or information within a Missing 
     Armed Forces Personnel record, by the originating body shall 
     address the public disclosure of the Missing Armed Forces 
     Personnel record under the standards under this title.
       (B) Continued postponement.--If an originating body 
     conducting a periodic review of a Missing Armed Forces 
     Personnel record, or information within a Missing Armed 
     Forces Personnel record, the public disclosure of which has 
     been postponed under the standards under this title, 
     determines that continued postponement is required, the 
     originating body shall provide to the Archivist an 
     unclassified written description of the reason for the 
     continued postponement that the Archivist shall highlight and 
     make accessible on a publicly accessible website administered 
     by the National Archives.
       (C) Scope.--The periodic review of postponed Missing Armed 
     Forces Personnel records, or information within a Missing 
     Armed Forces Personnel record, shall serve the purpose stated 
     in section 1702(b)(2), to provide expeditious public 
     disclosure of Missing Armed Forces Personnel records, to the 
     fullest extent possible, subject only to the grounds for 
     postponement of disclosure under section 1706.
       (D) Disclosure absent certification by president.--Not 
     later than 10 years after the date of enactment of this Act, 
     all Missing Armed Forces Personnel records, and information 
     within a Missing Armed Forces Personnel record, shall be 
     publicly disclosed in full, and available in the Collection, 
     unless--
       (i) the head of the originating body, Executive agency, or 
     other Government office recommends in writing that continued 
     postponement is necessary;
       (ii) the written recommendation described in clause (i)--

       (I) is provided to the Archivist in unclassified and 
     publicly releasable form not later than 180 days before the 
     date that is 10 years after the date of enactment of this 
     Act; and
       (II) includes--

       (aa) a justification of the recommendation to postpone 
     disclosure with clear and convincing evidence that the 
     identifiable harm is of such gravity that it outweighs the 
     public interest in disclosure; and
       (bb) a recommended specified time at which or a specified 
     occurrence following which the material may be appropriately 
     disclosed to the public under this title;
       (iii) the Archivist transmits all recommended postponements 
     and the recommendation of the Archivist to the President not 
     later than 90 days before the date that is 10 years after the 
     date of enactment of this Act; and
       (iv) the President transmits to the Archivist a 
     certification indicating that continued postponement is 
     necessary and the identifiable harm, as demonstrated by clear 
     and convincing evidence, is of such gravity that it outweighs 
     the public interest in disclosure not later than the date 
     that is 10 years after the date of enactment of this Act.

     SEC. 1706. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 
                   RECORDS.

       (a) In General.--Disclosure to the public of a Missing 
     Armed Forces Personnel record or particular information in a 
     Missing Armed Forces Personnel record created after the date 
     that is 25 years before the date of the review of the Missing 
     Armed Forces Personnel record by the Archivist may be 
     postponed subject to the limitations under this title only--
       (1) if it pertains to--
       (A) military plans, weapons systems, or operations;
       (B) foreign government information;
       (C) intelligence activities (including covert action), 
     intelligence sources or methods, or cryptology;
       (D) foreign relations or foreign activities of the United 
     States, including confidential sources;
       (E) scientific, technological, or economic matters relating 
     to the national security;
       (F) United States Government programs for safeguarding 
     nuclear materials or facilities;
       (G) vulnerabilities or capabilities of systems, 
     installations, infrastructures, projects, plans, or 
     protection services relating to the national security; or
       (H) the development, production, or use of weapons of mass 
     destruction; and
       (2) the threat posed by the public disclosure of the 
     Missing Armed Forces Personnel record or information is of 
     such gravity that it outweighs the public interest in 
     disclosure.
       (b) Older Records.--Disclosure to the public of a Missing 
     Armed Forces Personnel record or particular information in a 
     Missing Armed Forces Personnel record created on or before 
     the date that is 25 years before the date of the review of 
     the Missing Armed Forces Personnel record by the Archivist 
     may be postponed subject to the limitations under this title 
     only if, as demonstrated by clear and convincing evidence--
       (1) the release of the information would be expected to--
       (A) reveal the identity of a confidential human source, a 
     human intelligence source, a relationship with an 
     intelligence or security service of a foreign government or 
     international organization, or a nonhuman intelligence 
     source, or impair the effectiveness of an intelligence method 
     currently in use, available for use, or under development;
       (B) reveal information that would impair United States 
     cryptologic systems or activities;
       (C) reveal formally named or numbered United States 
     military war plans that remain in effect, or reveal 
     operational or tactical elements of prior plans that are 
     contained in such active plans; or
       (D) reveal information, including foreign government 
     information, that would cause serious harm to relations 
     between the United States and a foreign government, or to 
     ongoing diplomatic activities of the United States; and
       (2) the threat posed by the public disclosure of the 
     Missing Armed Forces Personnel record or information is of 
     such gravity that it outweighs the public interest in 
     disclosure.
       (c) Exception.--Regardless of the age of a Missing Armed 
     Forces Personnel record, disclosure to the public of 
     information in the Missing Armed Forces Personnel record may 
     be postponed if--
       (1) the public disclosure of the information would reveal 
     the name or identity of a living person who provided 
     confidential information to the United States and would pose 
     a substantial risk of harm to that person;
       (2) the public disclosure of the information could 
     reasonably be expected to constitute an unwarranted invasion 
     of personal privacy, and that invasion of privacy is so 
     substantial that it outweighs the public interest;
       (3) the public disclosure of the information could 
     reasonably be expected to cause harm to the methods currently 
     in use or available for use by members of the Armed Forces to 
     survive, evade, resist, or escape; or
       (4) the President determines that the record is subject to 
     a valid claim of executive privilege.

[[Page S3685]]

  


     SEC. 1707. ESTABLISHMENT AND POWERS OF THE MISSING ARMED 
                   FORCES PERSONNEL RECORDS REVIEW BOARD.

       (a) Establishment.--There is established as an independent 
     establishment in the executive branch a board to be known as 
     the ``Missing Armed Forces Personnel Records Review Board''.
       (b) Membership.--
       (1) Appointments.--The President shall appoint, by and with 
     the advice and consent of the Senate, 5 individuals to serve 
     as a member of the Review Board to ensure and facilitate the 
     review, transmission to the Archivist, and public disclosure 
     of Missing Armed Forces Personnel records.
       (2) Qualifications.--The President should appoint 
     individuals to serve as members of the Review Board--
       (A) without regard to political affiliation;
       (B) who are citizens of the United States of integrity and 
     impartiality;
       (C) who are not an employee of an Executive agency on the 
     date of the appointment;
       (D) who have high national professional reputation in their 
     fields who are capable of exercising the independent and 
     objective judgment necessary to the fulfillment of their role 
     in ensuring and facilitating the identification, location, 
     review, transmission to the Archivist, and public disclosure 
     of Missing Armed Forces Personnel records;
       (E) who possess an appreciation of the value of Missing 
     Armed Forces Personnel records to scholars, the Federal 
     Government, and the public, particularly families of Missing 
     Armed Forces Personnel;
       (F) not less than 1 of whom is a professional historian; 
     and
       (G) not less than 1 of whom is an attorney.
       (3) Deadlines.--
       (A) In general.--Not later than 60 days after the date of 
     enactment of this Act, the President should submit 
     nominations for all members of the Review Board.
       (B) Confirmation rejected.--If the Senate votes not to 
     confirm a nomination to serve as a member of the Review 
     Board, not later than 90 days after the date of the vote the 
     President should submit the nomination of an additional 
     individual to serve as a member of the Review Board.
       (4) Consultation.--The President should make nominations to 
     the Review Board after considering individuals recommended by 
     the American Historical Association, the Organization of 
     American Historians, the Society of American Archivists, the 
     American Bar Association, veterans' organizations, and 
     organizations representing families of Missing Armed Forces 
     Personnel.
       (c) Security Clearances.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual nominated to be a member of the Review Board, 
     seeking security clearances necessary to carry out the duties 
     of the Review Board, is expeditiously reviewed and granted or 
     denied.
       (d) Confirmation.--
       (1) Hearings.--Not later than 30 days on which the Senate 
     is in session after the date on which not less than 3 
     individuals have been nominated to serve as members of the 
     Review Board, the Committee on Homeland Security and 
     Governmental Affairs of the Senate shall hold confirmation 
     hearings on the nominations.
       (2) Committee vote.--Not later than 14 days on which the 
     Senate is in session after the date on which the Committee on 
     Homeland Security and Governmental Affairs holds a 
     confirmation hearing on the nomination of an individual to 
     serve as a member of the Review Board, the committee shall 
     vote on the nomination and report the results to the full 
     Senate immediately.
       (3) Senate vote.--Not later than 14 days on which the 
     Senate is in session after the date on which the Committee on 
     Homeland Security and Governmental Affairs reports the 
     results of a vote on a nomination of an individual to serve 
     as a member of the Review Board, the Senate shall vote on the 
     confirmation of the nominee.
       (e) Vacancy.--Not later than 60 days after the date on 
     which a vacancy on the Review Board occurs, the vacancy shall 
     be filled in the same manner as specified for original 
     appointment.
       (f) Chairperson.--The members of the Review Board shall 
     elect a member as Chairperson at the initial meeting of the 
     Review Board.
       (g) Removal of Review Board Member.--
       (1) In general.--A member of the Review Board shall not be 
     removed from office, other than--
       (A) by impeachment by Congress; or
       (B) by the action of the President.
       (2) Judicial review.--
       (A) In general.--A member of the Review Board removed from 
     office may obtain judicial review of the removal in a civil 
     action commenced in the United States District Court for the 
     District of Columbia.
       (B) Relief.--The member may be reinstated or granted other 
     appropriate relief by order of the court.
       (h) Compensation of Members.--
       (1) Basic pay.--A member of the Review Board shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Review Board.
       (2) Travel expenses.--A member of the Review Board shall be 
     allowed reasonable travel expenses, including per diem in 
     lieu of subsistence, at rates for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the member's home or regular place of 
     business in the performance of services for the Review Board.
       (i) Duties of the Review Board.--
       (1) In general.--The Review Board shall consider and render 
     a decision on a determination by a Government office to seek 
     to postpone the disclosure of a Missing Armed Forces 
     Personnel record, in whole or in part.
       (2) Records.--In carrying out paragraph (1), the Review 
     Board shall consider and render a decision regarding--
       (A) whether a record constitutes a Missing Armed Forces 
     Personnel record; and
       (B) whether a Missing Armed Forces Personnel record, or 
     particular information in a Missing Armed Forces Personnel 
     record, qualifies for postponement of disclosure under this 
     title.
       (j) Powers.--The Review Board shall have the authority to 
     act in a manner prescribed under this title, including 
     authority to--
       (1) direct Government offices to transmit to the Archivist 
     Missing Armed Forces Personnel records as required under this 
     title;
       (2) direct Government offices to transmit to the Archivist 
     substitutes and summaries of Missing Armed Forces Personnel 
     records that can be publicly disclosed to the fullest extent 
     for any Missing Armed Forces Personnel record that is 
     proposed for postponement;
       (3) obtain access to Missing Armed Forces Personnel records 
     that have been identified by a Government office;
       (4) direct a Government office to make available to the 
     Review Board, and if necessary investigate the facts 
     surrounding, additional information, records, or testimony 
     from individuals, which the Review Board has reason to 
     believe is required to fulfill its functions and 
     responsibilities under this title;
       (5) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Review Board considers advisable 
     to carry out its responsibilities under this title;
       (6) hold individuals in contempt for failure to comply with 
     directives and mandates issued by the Review Board under this 
     title, which shall not include the authority to imprison or 
     fine any individual;
       (7) require any Government office to account in writing for 
     the destruction of any records relating to the loss, fate, or 
     status of Missing Armed Forces Personnel;
       (8) receive information from the public regarding the 
     identification and public disclosure of Missing Armed Forces 
     Personnel records; and
       (9) make a final determination regarding whether a Missing 
     Armed Forces Personnel record will be disclosed to the public 
     or disclosure of the Missing Armed Forces Personnel record to 
     the public will be postponed, notwithstanding the 
     determination of an Executive agency.
       (k) Witness Immunity.--The Review Board shall be considered 
     to be an agency of the United States for purposes of section 
     6001 of title 18, United States Code.
       (l) Oversight.--
       (1) In general.--The Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives shall 
     have--
       (A) continuing oversight jurisdiction with respect to the 
     official conduct of the Review Board and the disposition of 
     postponed records after termination of the Review Board; and
       (B) upon request, access to any records held or created by 
     the Review Board.
       (2) Duty of review board.--The Review Board shall have the 
     duty to cooperate with the exercise of oversight jurisdiction 
     under paragraph (1).
       (m) Support Services.--The Administrator of the General 
     Services Administration shall provide administrative services 
     for the Review Board on a reimbursable basis.
       (n) Interpretive Regulations.--The Review Board may issue 
     interpretive regulations.
       (o) Termination and Winding Up.--
       (1) In general.--Two years after the date of enactment of 
     this Act, the Review Board shall, by majority vote, determine 
     whether all Government offices have complied with the 
     obligations, mandates, and directives under this title.
       (2) Termination date.--The Review Board shall terminate on 
     the date that is 4 years after the date of enactment of this 
     Act.
       (3) Report.--Before the termination of the Review Board 
     under paragraph (2), the Review Board shall submit to 
     Congress reports, including a complete and accurate 
     accounting of expenditures during its existence, and shall 
     complete all other reporting requirements under this title.
       (4) Records.--Upon termination of the Review Board, the 
     Review Board shall transfer records of the Review Board 
     maintained consistent with chapter 31 of title 44, United 
     States Code (commonly referred to as the ``Federal Records 
     Act of 1950''), to the Archivist for inclusion in the 
     Collection.

     SEC. 1708. MISSING ARMED FORCES PERSONNEL RECORDS REVIEW 
                   BOARD PERSONNEL.

       (a) Executive Director.--
       (1) In general.--Not later than 45 days after the initial 
     meeting of the Review

[[Page S3686]]

     Board, the Review Board shall appoint an individual to the 
     position of Executive Director.
       (2) Qualifications.--The individual appointed as Executive 
     Director of the Review Board--
       (A) shall be a citizen of the United States of integrity 
     and impartiality;
       (B) shall be appointed without regard to political 
     affiliation; and
       (C) shall not have any conflict of interest with the 
     mission of the Review Board.
       (3) Security clearance.--
       (A) Limit on appointment.--The Review Board shall not 
     appoint an individual as Executive Director until after the 
     date on which the individual qualifies for the necessary 
     security clearance.
       (B) Expedited provision.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual nominated to be Executive Director, seeking 
     security clearances necessary to carry out the duties of the 
     Executive Director, is expeditiously reviewed and granted or 
     denied.
       (4) Duties.--The Executive Director shall--
       (A) serve as principal liaison to Government offices;
       (B) be responsible for the administration and coordination 
     of the review of records by the Review Board;
       (C) be responsible for the administration of all official 
     activities conducted by the Review Board; and
       (D) not have the authority to decide or determine whether 
     any record should be disclosed to the public or postponed for 
     disclosure.
       (5) Removal.--The Executive Director may be removed by a 
     majority vote of the Review Board.
       (b) Staff.--
       (1) In general.--The Review Board may, in accordance with 
     the civil service laws, but without regard to civil service 
     law and regulation for competitive service as defined in 
     subchapter I of chapter 33 of title 5, United States Code, 
     appoint and terminate additional employees as are necessary 
     to enable the Review Board and the Executive Director to 
     perform their duties under this title.
       (2) Qualifications.--An individual appointed to a position 
     as an employee of the Review Board--
       (A) shall be a citizen of the United States of integrity 
     and impartiality; and
       (B) shall not have had any previous involvement with any 
     official investigation or inquiry relating to the loss, fate, 
     or status of Missing Armed Forces Personnel.
       (3) Security clearance.--
       (A) Limit on appointment.--The Review Board shall not 
     appoint an individual as an employee of the Review Board 
     until after the date on which the individual qualifies for 
     the necessary security clearance.
       (B) Expedited provision.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual who is a candidate for a position with the 
     Review Board, seeking security clearances necessary to carry 
     out the duties of the position, is expeditiously reviewed and 
     granted or denied.
       (c) Compensation.--The Review Board shall fix the 
     compensation of the Executive Director and other employees of 
     the Review Board without regard to chapter 51 and subchapter 
     III of chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the Executive Director and 
     other employees may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (d) Advisory Committees.--
       (1) In general.--The Review Board may create 1 or more 
     advisory committees to assist in fulfilling the 
     responsibilities of the Review Board under this title.
       (2) Applicability of faca.--Any advisory committee created 
     by the Review Board shall be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).

     SEC. 1709. REVIEW OF RECORDS BY THE MISSING ARMED FORCES 
                   PERSONNEL RECORDS REVIEW BOARD.

       (a) Startup Requirements.--The Review Board shall--
       (1) not later than 90 days after the date on which all 
     members are appointed, publish an initial schedule for review 
     of all Missing Armed Forces Personnel records, which the 
     Archivist shall highlight and make available on a publicly 
     accessible website administered by the National Archives; and
       (2) not later than 180 days after the date of enactment of 
     this Act, begin reviewing of Missing Armed Forces Personnel 
     records under this title.
       (b) Determination of the Review Board.--
       (1) In general.--The Review Board shall direct that all 
     records that relate, directly or indirectly, to the loss, 
     fate, or status of Missing Armed Forces Personnel be 
     transmitted to the Archivist and disclosed to the public in 
     the Collection in the absence of clear and convincing 
     evidence that--
       (A) the record is not a Missing Armed Forces Personnel 
     record; or
       (B) the Missing Armed Forces Personnel record, or 
     particular information within the Missing Armed Forces 
     Personnel record, qualifies for postponement of public 
     disclosure under this title.
       (2) Postponement.--In approving postponement of public 
     disclosure of a Missing Armed Forces Personnel record, or 
     information within a Missing Armed Forces Personnel record, 
     the Review Board shall seek to--
       (A) provide for the disclosure of segregable parts, 
     substitutes, or summaries of the Missing Armed Forces 
     Personnel record; and
       (B) determine, in consultation with the originating body 
     and consistent with the standards for postponement under this 
     title, which of the following alternative forms of disclosure 
     shall be made by the originating body:
       (i) Any reasonably segregable particular information in a 
     Missing Armed Forces Personnel record.
       (ii) A substitute record for that information which is 
     postponed.
       (iii) A summary of a Missing Armed Forces Personnel record.
       (3) Reporting.--With respect to a Missing Armed Forces 
     Personnel record, or information within a Missing Armed 
     Forces Personnel record, the public disclosure of which is 
     postponed under this title, or for which only substitutions 
     or summaries have been disclosed to the public, the Review 
     Board shall create and transmit to the Archivist an 
     unclassified and publicly releasable report containing--
       (A) a description of actions by the Review Board, the 
     originating body, or any Government office (including a 
     justification of any such action to postpone disclosure of 
     any record or part of any record) and of any official 
     proceedings conducted by the Review Board; and
       (B) a statement, based on a review of the proceedings and 
     in conformity with the decisions reflected therein, 
     designating a recommended specified time at which, or a 
     specified occurrence following which, the material may be 
     appropriately disclosed to the public under this title, which 
     the Review Board shall disclose to the public with notice 
     thereof, reasonably calculated to make interested members of 
     the public aware of the existence of the statement.
       (4) Actions after determination.--
       (A) In general.--Not later than 14 days after the date of a 
     determination by the Review Board that a Missing Armed Forces 
     Personnel record shall be publicly disclosed in the 
     Collection or postponed for disclosure and held in the 
     protected Collection, the Review Board shall notify the head 
     of the originating body of the determination and highlight 
     and make available the determination on a publicly accessible 
     website reasonably calculated to make interested members of 
     the public aware of the existence of the determination.
       (B) Oversight notice.--Simultaneous with notice under 
     subparagraph (A), the Review Board shall provide notice of a 
     determination concerning the public disclosure or 
     postponement of disclosure of a Missing Armed Forces 
     Personnel record, or information contained within a Missing 
     Armed Forces Personnel record, which shall include a written 
     unclassified justification for public disclosure or 
     postponement of disclosure, including an explanation of the 
     application of any standards in section 1706 to the 
     President, to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Oversight and Reform of the House of Representatives.
       (5) Referral after termination.--A Missing Armed Forces 
     Personnel record that is identified, located, or otherwise 
     discovered after the date on which the Review Board 
     terminates shall be transmitted to the Archivist for the 
     Collection and referred to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives for review, ongoing oversight and, as 
     warranted, referral for possible enforcement action relating 
     to a violation of this title and determination as to whether 
     declassification of the Missing Armed Forces Personnel is 
     warranted under this title.
       (c) Notice to Public.--Every 30 days, beginning on the date 
     that is 60 days after the date on which the Review Board 
     first approves the postponement of disclosure of a Missing 
     Armed Forces Personnel record, the Review Board shall 
     highlight and make accessible on a publicly available website 
     reasonably calculated to make interested members of the 
     public aware of the existence of the postponement a notice 
     that summarizes the postponements approved by the Review 
     Board, including a description of the subject, originating 
     body, length or other physical description, and each ground 
     for postponement that is relied upon.
       (d) Reports by the Review Board.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter until the 
     Review Board terminates, the Review Board shall submit a 
     report regarding the activities of the Review Board to--
       (A) the Committee on Oversight and Reform of the House of 
     Representatives;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the President;
       (D) the Archivist; and
       (E) the head of any Government office the records of which 
     have been the subject of Review Board activity.
       (2) Contents.--Each report under paragraph (1) should 
     include the following information:
       (A) A financial report of the expenses for all official 
     activities and requirements of the Review Board and its 
     employees.

[[Page S3687]]

       (B) The progress made on review, transmission to the 
     Archivist, and public disclosure of Missing Armed Forces 
     Personnel records.
       (C) The estimated time and volume of Missing Armed Forces 
     Personnel records involved in the completion of the duties of 
     the Review Board under this title.
       (D) Any special problems, including requests and the level 
     of cooperation of Government offices, with regard to the 
     ability of the Review Board to carry out its duties under 
     this title.
       (E) A record of review activities, including a record of 
     postponement decisions by the Review Board or other related 
     actions authorized under this title, and a record of the 
     volume of records reviewed and postponed.
       (F) Suggestions and requests to Congress for additional 
     legislative authority needs.
       (G) An appendix containing copies of reports relating to 
     postponed records submitted to the Archivist under subsection 
     (b)(3) since the end of the period covered by the most recent 
     report under paragraph (1).
       (3) Termination notice.--Not later than 90 days before the 
     Review Board expects to complete the work of the Review Board 
     under this title, the Review Board shall provide written 
     notice to Congress of the intent of the Review Board to 
     terminate operations at a specified date.

     SEC. 1710. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL 
                   STUDY.

       (a) Materials Under Seal of Court.--
       (1) In general.--The Review Board may request the Attorney 
     General to petition any court of the United States or of a 
     foreign country to release any information relevant to the 
     loss, fate, or status of Missing Armed Forces Personnel that 
     is held under seal of the court.
       (2) Grand jury information.--
       (A) In general.--The Review Board may request the Attorney 
     General to petition any court of the United States to release 
     any information relevant to loss, fate, or status of Missing 
     Armed Forces Personnel that is held under the injunction of 
     secrecy of a grand jury.
       (B) Treatment.--A request for disclosure of Missing Armed 
     Forces Personnel materials under this title shall be deemed 
     to constitute a showing of particularized need under rule 6 
     of the Federal Rules of Criminal Procedure.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Attorney General should assist the Review Board in 
     good faith to unseal any records that the Review Board 
     determines to be relevant and held under seal by a court or 
     under the injunction of secrecy of a grand jury;
       (2) the Secretary of State should--
       (A) contact the Governments of the Russian Federation, the 
     People's Republic of China, and the Democratic People's 
     Republic of Korea to seek the disclosure of all records in 
     their respective custody, possession, or control relevant to 
     the loss, fate, or status of Missing Armed Forces Personnel; 
     and
       (B) contact any other foreign government that may hold 
     information relevant to the loss, fate, or status of Missing 
     Armed Forces Personnel, and seek disclosure of such 
     information; and
       (3) all agencies should cooperate in full with the Review 
     Board to seek the disclosure of all information relevant to 
     the loss, fate, or status of Missing Armed Forces Personnel 
     consistent with the public interest.

     SEC. 1711. RULES OF CONSTRUCTION.

       (a) Precedence Over Other Law.--When this title requires 
     transmission of a record to the Archivist or public 
     disclosure, it shall take precedence over any other law 
     (except section 6103 of the Internal Revenue Code of 1986), 
     judicial decision construing such law, or common law doctrine 
     that would otherwise prohibit such transmission or 
     disclosure, with the exception of deeds governing access to 
     or transfer or release of gifts and donations of records to 
     the United States Government.
       (b) Freedom of Information Act.--Nothing in this title 
     shall be construed to eliminate or limit any right to file 
     requests with any Executive agency or seek judicial review of 
     the decisions under section 552 of title 5, United States 
     Code.
       (c) Judicial Review.--Nothing in this title shall be 
     construed to preclude judicial review under chapter 7 of 
     title 5, United States Code, of final actions taken or 
     required to be taken under this title.
       (d) Existing Authority.--Nothing in this title revokes or 
     limits the existing authority of the President, any Executive 
     agency, the Senate, or the House of Representatives, or any 
     other entity of the Government to publicly disclose records 
     in its custody, possession, or control.
       (e) Rules of the Senate and House of Representatives.--To 
     the extent that any provision of this title establishes a 
     procedure to be followed in the Senate or the House of 
     Representatives, such provision is adopted--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and is deemed to 
     be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House, and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. 1712. TERMINATION OF EFFECT OF TITLE.

       (a) Provisions Pertaining to the Review Board.--The 
     provisions of this title that pertain to the appointment and 
     operation of the Review Board shall cease to be effective 
     when the Review Board and the terms of its members have 
     terminated under section 1707(o).
       (b) Other Provisions.--The remaining provisions of this 
     title shall continue in effect until such time as the 
     Archivist certifies to the President and Congress that all 
     Missing Armed Forces Personnel records have been made 
     available to the public in accordance with this title.

     SEC. 1713. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this title, including 
     such sums as are necessary for the Archivist to implement the 
     requirements of this Act, to remain available until expended.
       (b) Interim Funding.--Until such time as funds are 
     appropriated pursuant to subsection (a), the President may 
     use such sums as are available for discretionary use to carry 
     out this title.

     SEC. 1714. SEVERABILITY.

       If any provision of this title, or the application thereof 
     to any person or circumstance, is held invalid, the remainder 
     of this title and the application of that provision to other 
     persons not similarly situated or to other circumstances 
     shall not be affected by the invalidation.
                                 ______
                                 
  SA 2230. Mr. RISCH (for himself, Ms. Cortez Masto, Mr. Kennedy, Ms. 
Rosen, and Mrs. Capito) submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle E of title VIII, 
     insert the following:

     SEC. __. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       Section 34 of the Small Business Act (15 U.S.C. 657d) is 
     amended--
       (1) in subsection (a), by adding at the end the following:
       ``(11) Small business concern owned and controlled by 
     socially economically disadvantaged individuals.--The term 
     `small business concern owned and controlled by socially and 
     economically disadvantaged individuals' has the meaning given 
     the term in section 8(d)(3)(C).
       ``(12) Underperforming state.--The term `underperforming 
     State' means a State participating in the SBIR or STTR 
     program that has been calculated by the Administrator to be 
     one of 18 States receiving the fewest SBIR and STTR Phase I 
     awards.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (E)--

       (I) in clause (iii), by striking ``and'' at the end;
       (II) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(v) to prioritize applicants located in an 
     underperforming State.'';
       (B) in paragraph (2)--
       (i) in subparagraph (B)(vi)--

       (I) in clause (II), by striking ``and'' at the end; and
       (II) by adding at the end the following:
       ``(IV) located in an underperforming State; and'';

       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) shall give first priority and special consideration 
     to an applicant that--
       ``(i) is located in an underperforming State; or
       ``(ii) serves small business concerns owned and controlled 
     by--

       ``(I) women;
       ``(II) socially and economically disadvantaged individuals; 
     or
       ``(III) veterans.'';

       (C) in paragraph (3), by striking ``Not more than one 
     proposal'' and inserting ``There is no limit on the number of 
     proposals that''; and
       (D) by adding at the end the following:
       ``(6) Additional assistance for underperforming states.--
     Upon application by a recipient that is located in an 
     underperforming State, the Administrator may--
       ``(A) provide additional assistance to the recipient; and
       ``(B) waive the matching requirements under subsection 
     (e)(2).'';
       (3) in subsection (e)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by inserting ``and STTR'' before ``first phase'' each 
     place that term appears;
       (II) in clause (i), by striking ``50'' and inserting 
     ``25'';
       (III) in clause (ii), by striking ``1 dollar'' and 
     inserting ``75 cents''; and
       (IV) in clause (iii), by striking ``75'' and inserting 
     ``50'';

       (ii) in subparagraph (D), by striking ``, beginning with 
     fiscal year 2001'' and inserting ``and make publicly 
     available on the website

[[Page S3688]]

     of the Administration, beginning with fiscal year 2021''; and
       (iii) by adding at the end the following:
       ``(E) Payment.--The non-Federal share of the cost of an 
     activity carried out by a recipient may be paid by the 
     recipient over the course of the period of the award or 
     cooperative agreement.''; and
       (B) by adding at the end the following:
       ``(4) Amount of award.--In carrying out the FAST program 
     under this section--
       ``(A) the Administrator shall make and enter into not less 
     than 12 awards or cooperative agreements;
       ``(B) each award or cooperative agreement described in 
     subparagraph (A) shall be for not more than $500,000, which 
     shall be provided over 2 fiscal years; and
       ``(C) any amounts left unused in the third quarter of the 
     second fiscal year may be retained by the Administrator for 
     future FAST program awards.
       ``(5) Reporting.--Not later than 6 months after receiving 
     an award or entering into a cooperative agreement under this 
     section, a recipient shall report to the Administrator--
       ``(A) the number of awards made under the SBIR or STTR 
     program;
       ``(B) the number of applications submitted for the SBIR or 
     STTR program;
       ``(C) the number of consulting hours spent;
       ``(D) the number of training events conducted; and
       ``(E) any issues encountered in the management and 
     application of the FAST program.'';
       (4) in subsection (f)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``Not later than 120 days after the date of 
     the enactment of the Small Business Innovation Research 
     Program Reauthorization Act of 2000'' and inserting 
     ``December 31, 2020''; and
       (II) by inserting ``and Entrepreneurship'' before ``of the 
     Senate'';

       (ii) in subparagraph (B), by striking ``and'' at the end;
       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) a description of the process used to ensure that 
     underperforming States and applicants that serve small 
     business concerns owned and controlled by women, socially and 
     economically disadvantaged individuals, or veterans are given 
     priority application status under the FAST program.''; and
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``Annual'' and 
     inserting ``Biennial'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``annual'' and inserting ``biennial'';
       (iii) in subparagraph (B), by striking ``and'' at the end;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(D) the proportion of awards provided to and cooperative 
     agreements entered into with underperforming States; and
       ``(E) a list of the States that were determined by the 
     Administrator to be underperforming States, and a description 
     of any changes in the list compared to previously submitted 
     reports.'';
       (5) in subsection (g)(2)--
       (A) by striking ``2004'' and inserting ``2021''; and
       (B) by inserting ``and Entrepreneurship'' before ``of the 
     Senate''; and
       (6) in subsection (h)(1), by striking ``$10,000,000 for 
     each of fiscal years 2001 through 2005'' and inserting 
     ``$20,000,000 for every 2 fiscal years between fiscal years 
     2021 through 2025, to be obligated before the end of the 
     second fiscal year''.
                                 ______
                                 
  SA 2231. Mrs. FISCHER (for herself, Mr. Schatz, Mr. Gardner, 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 appropriate place, insert the following:

     SEC. ___. INTERNET OF THINGS.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (3) Steering committee.--The term ``steering committee'' 
     means the steering committee established under subsection 
     (b)(5)(A).
       (4) Working group.--The term ``working group'' means the 
     working group convened under subsection (b)(1).
       (b) Federal Working Group.--
       (1) In general.--The Secretary shall convene a working 
     group of Federal stakeholders for the purpose of providing 
     recommendations and a report to Congress relating to the 
     aspects of the Internet of Things described in paragraph (2).
       (2) Duties.--The working group shall--
       (A) identify any Federal regulations, statutes, grant 
     practices, budgetary or jurisdictional challenges, and other 
     sector-specific policies that are inhibiting, or could 
     inhibit, the development or deployment of the Internet of 
     Things;
       (B) consider policies or programs that encourage and 
     improve coordination among Federal agencies that have 
     responsibilities that are relevant to the objectives of this 
     section;
       (C) consider any findings or recommendations made by the 
     steering committee and, where appropriate, act to implement 
     those recommendations;
       (D) examine--
       (i) how Federal agencies can benefit from utilizing the 
     Internet of Things;
       (ii) the use of Internet of Things technology by Federal 
     agencies as of the date on which the working group performs 
     the examination;
       (iii) the preparedness and ability of Federal agencies to 
     adopt Internet of Things technology as of the date on which 
     the working group performs the examination and in the future; 
     and
       (iv) any additional security measures that Federal agencies 
     may need to take to--

       (I) safely and securely use the Internet of Things, 
     including measures that ensure the security of critical 
     infrastructure; and
       (II) enhance the resiliency of Federal systems against 
     cyber threats to the Internet of Things; and

       (E) in carrying out the examinations required under 
     subclauses (I) and (II) of subparagraph (D)(iv), ensure to 
     the maximum extent possible the coordination of the current 
     and future activities of the Federal Government relating to 
     security with respect to the Internet of Things.
       (3) Agency representatives.--In convening the working group 
     under paragraph (1), the Secretary shall have discretion to 
     appoint representatives from Federal agencies and departments 
     as appropriate and shall specifically consider seeking 
     representation from--
       (A) the Department of Commerce, including--
       (i) the National Telecommunications and Information 
     Administration;
       (ii) the National Institute of Standards and Technology; 
     and
       (iii) the National Oceanic and Atmospheric Administration;
       (B) the Department of Transportation;
       (C) the Department of Homeland Security;
       (D) the Office of Management and Budget;
       (E) the National Science Foundation;
       (F) the Commission;
       (G) the Federal Trade Commission;
       (H) the Office of Science and Technology Policy;
       (I) the Department of Energy; and
       (J) the Federal Energy Regulatory Commission.
       (4) Nongovernmental stakeholders.--The working group shall 
     consult with nongovernmental stakeholders with expertise 
     relating to the Internet of Things, including--
       (A) the steering committee;
       (B) information and communications technology 
     manufacturers, suppliers, service providers, and vendors;
       (C) subject matter experts representing industrial sectors 
     other than the technology sector that can benefit from the 
     Internet of Things, including the transportation, energy, 
     agriculture, and health care sectors;
       (D) small, medium, and large businesses;
       (E) think tanks and academia;
       (F) nonprofit organizations and consumer groups;
       (G) security experts;
       (H) rural stakeholders; and
       (I) other stakeholders with relevant expertise, as 
     determined by the Secretary.
       (5) Steering committee.--
       (A) Establishment.--There is established within the 
     Department of Commerce a steering committee to advise the 
     working group.
       (B) Duties.--The steering committee shall advise the 
     working group with respect to--
       (i) the identification of any Federal regulations, 
     statutes, grant practices, programs, budgetary or 
     jurisdictional challenges, and other sector-specific policies 
     that are inhibiting, or could inhibit, the development of the 
     Internet of Things;
       (ii) situations in which the use of the Internet of Things 
     is likely to deliver significant and scalable economic and 
     societal benefits to the United States, including benefits 
     from or to--

       (I) smart traffic and transit technologies;
       (II) augmented logistics and supply chains;
       (III) sustainable infrastructure;
       (IV) precision agriculture;
       (V) environmental monitoring;
       (VI) public safety; and
       (VII) health care;

       (iii) whether adequate spectrum is available to support the 
     growing Internet of Things and what legal or regulatory 
     barriers may exist to providing any spectrum needed in the 
     future;
       (iv) policies, programs, or multi-stakeholder activities 
     that--

       (I) promote or are related to the privacy of individuals 
     who use or are affected by the Internet of Things;
       (II) may enhance the security of the Internet of Things, 
     including the security of critical infrastructure;
       (III) may protect users of the Internet of Things; and
       (IV) may encourage coordination among Federal agencies with 
     jurisdiction over the Internet of Things;

       (v) the opportunities and challenges associated with the 
     use of Internet of Things technology by small businesses; and

[[Page S3689]]

       (vi) any international proceeding, international 
     negotiation, or other international matter affecting the 
     Internet of Things to which the United States is or should be 
     a party.
       (C) Membership.--The Secretary shall appoint to the 
     steering committee members representing a wide range of 
     stakeholders outside of the Federal Government with expertise 
     relating to the Internet of Things, including--
       (i) information and communications technology 
     manufacturers, suppliers, service providers, and vendors;
       (ii) subject matter experts representing industrial sectors 
     other than the technology sector that can benefit from the 
     Internet of Things, including the transportation, energy, 
     agriculture, and health care sectors;
       (iii) small, medium, and large businesses;
       (iv) think tanks and academia;
       (v) nonprofit organizations and consumer groups;
       (vi) security experts;
       (vii) rural stakeholders; and
       (viii) other stakeholders with relevant expertise, as 
     determined by the Secretary.
       (D) Report.--Not later than 1 year after the date of 
     enactment of this Act, the steering committee shall submit to 
     the working group a report that includes any findings or 
     recommendations of the steering committee.
       (E) Independent advice.--
       (i) In general.--The steering committee shall set the 
     agenda of the steering committee in carrying out the duties 
     of the steering committee under subparagraph (B).
       (ii) Suggestions.--The working group may suggest topics or 
     items for the steering committee to study, and the steering 
     committee shall take those suggestions into consideration in 
     carrying out the duties of the steering committee.
       (iii) Report.--The steering committee shall ensure that the 
     report submitted under subparagraph (D) is the result of the 
     independent judgment of the steering committee.
       (F) No compensation for members.--A member of the steering 
     committee shall serve without compensation.
       (G) Termination.--The steering committee shall terminate on 
     the date on which the working group submits the report under 
     paragraph (6).
       (6) Report to congress.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the working group shall submit to 
     Congress a report that includes--
       (i) the findings and recommendations of the working group 
     with respect to the duties of the working group under 
     paragraph (2);
       (ii) the report submitted by the steering committee under 
     paragraph (5)(D), as the report was received by the working 
     group;
       (iii) recommendations for action or reasons for inaction, 
     as applicable, with respect to each recommendation made by 
     the steering committee in the report submitted under 
     paragraph (5)(D); and
       (iv) an accounting of any progress made by Federal agencies 
     to implement recommendations made by the working group or the 
     steering committee.
       (B) Copy of report.--The working group shall submit a copy 
     of the report described in subparagraph (A) to--
       (i) the Committee on Commerce, Science, and Transportation 
     and the Committee on Energy and Natural Resources of the 
     Senate;
       (ii) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (iii) any other committee of Congress, upon request to the 
     working group.
       (c) Assessing Spectrum Needs.--
       (1) In general.--The Commission, in consultation with the 
     National Telecommunications and Information Administration, 
     shall issue a notice of inquiry seeking public comment on the 
     current, as of the date of enactment of this Act, and future 
     spectrum needs to enable better connectivity relating to the 
     Internet of Things.
       (2) Requirements.--In issuing the notice of inquiry under 
     paragraph (1), the Commission shall seek comments that 
     consider and evaluate--
       (A) whether adequate spectrum is available, or is planned 
     for allocation, for commercial wireless services that could 
     support the growing Internet of Things;
       (B) if adequate spectrum is not available for the purposes 
     described in subparagraph (A), how to ensure that adequate 
     spectrum is available for increased demand with respect to 
     the Internet of Things;
       (C) what regulatory barriers may exist to providing any 
     needed spectrum that would support uses relating to the 
     Internet of Things; and
       (D) what the role of unlicensed and licensed spectrum is 
     and will be in the growth of the Internet of Things.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report summarizing the comments 
     submitted in response to the notice of inquiry issued under 
     paragraph (1).
                                 ______
                                 
  SA 2232. Ms. McSALLY (for herself, Mr. Cornyn, and Mr. Cassidy) 
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 title X of division A, add the following:

     SEC. 1085. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS.

       Section 5323(u)(5) of title 49, United States Code, is 
     amended--
       (1) by striking ``(A) Parties to executed contracts.--''; 
     and
       (2) by striking subparagraphs (B) and (C).
                                 ______
                                 
  SA 2233. Mr. LANKFORD (for himself, Mr. Enzi, Ms. Hassan, and Ms. 
Sinema) 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 __--TAXPAYERS RIGHT-TO-KNOW

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Taxpayers Right-To-Know 
     Act''.

     SEC. __02. INVENTORY OF GOVERNMENT PROGRAMS.

        Section 1122(a) of title 31, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (2) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) Definitions.--For purposes of this subsection--
       ``(A) the term `Federal financial assistance' has the 
     meaning given that term under section 7501;
       ``(B) the term `open Government data asset' has the meaning 
     given that term under section 3502 of title 44;
       ``(C) the term `program' means a single program activity or 
     an organized set of aggregated, disaggregated, or 
     consolidated program activities by one or more agencies 
     directed toward a common purpose or goal; and
       ``(D) the term `program activity' has the meaning given 
     that term in section 1115(h).'';
       (3) in paragraph (2), as so redesignated--
       (A) by striking ``In general.--Not later than October 1, 
     2012, the Office of Management and Budget shall'' and 
     inserting ``Website and program inventory.--The Director of 
     the Office of Management and Budget shall'';
       (B) in subparagraph (A), by inserting ``that includes the 
     information required under subsections (b) and (c)'' after 
     ``a single website''; and
       (C) by striking subparagraphs (B) and (C) and inserting the 
     following:
       ``(B) include on the website described in subparagraph (A), 
     or another appropriate Federal Government website where 
     related information is made available, as determined by the 
     Director--
       ``(i) a program inventory that shall identify each program; 
     and
       ``(ii) for each program identified in the program 
     inventory, the information required under paragraph (3);
       ``(C) make the information in the program inventory 
     required under subparagraph (B) available as an open 
     Government data asset; and
       ``(D) at a minimum--
       ``(i) update the information required to be included on the 
     single website under subparagraph (A) on a quarterly basis; 
     and
       ``(ii) update the program inventory required under 
     subparagraph (B) on an annual basis.'';
       (4) in paragraph (3), as so redesignated--
       (A) in the matter preceding subparagraph (A), by striking 
     ``described under paragraph (1) shall include'' and inserting 
     ``identified in the program inventory required under 
     paragraph (2)(B) shall include'';
       (B) in subparagraph (B), by striking ``and'' at the end;
       (C) in subparagraph (C), by striking the period at the end 
     and inserting ``and,''; and
       (D) by adding at the end the following:
       ``(D) for each program activity that is part of a program--
       ``(i) a description of the purposes of the program activity 
     and the contribution of the program activity to the mission 
     and goals of the agency;
       ``(ii) a consolidated view for the current fiscal year and 
     each of the 2 fiscal years before the current fiscal year 
     of--

       ``(I) the amount appropriated;
       ``(II) the amount obligated; and
       ``(III) the amount outlayed;

       ``(iii) to the extent practicable and permitted by law, 
     links to any related evaluation, assessment, or program 
     performance review by the agency, an inspector general, or 
     the Government Accountability Office (including program 
     performance reports required under section 1116), and other 
     related evidence assembled in response to implementation of 
     the Foundations for Evidence-Based Policymaking Act of 2018 
     (Public Law 115-435; 132 Stat. 5529);

[[Page S3690]]

       ``(iv) an identification of the statutes that authorize the 
     program activity or the authority under which the program 
     activity was created or operates;
       ``(v) an identification of any major regulations specific 
     to the program activity;
       ``(vi) any other information that the Director of the 
     Office of Management and Budget determines relevant relating 
     to program activity data in priority areas most relevant to 
     Congress or the public to increase transparency and 
     accountability; and
       ``(vii) for each assistance listing under which Federal 
     financial assistance is provided, for the current fiscal year 
     and each of the 2 fiscal years before the current fiscal year 
     and consistent with existing law relating to the protection 
     of personally identifiable information--

       ``(I) a linkage to the relevant program activities that 
     fund Federal financial assistance by assistance listing;
       ``(II) information on the population intended to be served 
     by the assistance listing based on the language of the 
     solicitation, as required under section 6102;
       ``(III) to the extent practicable and based on data 
     reported to the agency providing the Federal financial 
     assistance, the results of the Federal financial assistance 
     awards provided by the assistance listing;
       ``(IV) to the extent practicable, the percentage of the 
     amount appropriated for the assistance listing that is used 
     for management and administration;
       ``(V) the identification of each award of Federal financial 
     assistance and, to the extent practicable, the name of each 
     direct or indirect recipient of the award; and
       ``(VI) any information relating to the award of Federal 
     financial assistance that is required to be included on the 
     website established under section 2(b) of the Federal Funding 
     Accountability and Transparency Act of 2006 (31 U.S.C. 6101 
     note).''; and

       (5) by adding at the end the following:
       ``(4) Archiving.--The Director of the Office of Management 
     and Budget shall--
       ``(A) archive and preserve the information included in the 
     program inventory required under paragraph (2)(B) after the 
     end of the period during which such information is made 
     available under paragraph (3); and
       ``(B) make information archived in accordance with 
     subparagraph (A) publicly available as an open Government 
     data asset.''.

     SEC. __03. GUIDANCE, IMPLEMENTATION, REPORTING, AND REVIEW.

       (a) Definitions.--In this section--
       (1) the term ``appropriate congressional committees'' means 
     the Committee on Oversight and Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate;
       (2) the term ``Director'' means the Director of the Office 
     of Management and Budget;
       (3) the term ``program'' has the meaning given that term in 
     section 1122(a)(1) of title 31, United States Code, as 
     amended by section __02 of this title;
       (4) the term ``program activity'' has the meaning given 
     that term in section 1115(h) of title 31, United States Code; 
     and
       (5) the term ``Secretary'' means the Secretary of the 
     Treasury.
       (b) Plan for Implementation and Reconciling Program 
     Definitions.--Not later than 180 days after the date of 
     enactment of this Act, the Director, in consultation with the 
     Secretary, shall submit to the appropriate congressional 
     committees a report that--
       (1) includes a plan that--
       (A) discusses how making available on a website the 
     information required under subsection (a) of section 1122 of 
     title 31, United States Code, as amended by section __02, 
     will leverage existing data sources while avoiding 
     duplicative or overlapping information in presenting 
     information relating to program activities and programs;
       (B) indicates how any gaps in data will be assessed and 
     addressed;
       (C) indicates how the Director will display such data; and
       (D) discusses how the Director will expand the information 
     collected with respect to program activities to incorporate 
     the information required under the amendments made by section 
     __02;
       (2) sets forth details regarding a pilot program, developed 
     in accordance with best practices for effective pilot 
     programs--
       (A) to develop and implement a functional program inventory 
     that could be limited in scope; and
       (B) under which the information required under the 
     amendments made by section __02 with respect to program 
     activities shall be made available on the website required 
     under section 1122(a) of title 31, United States Code;
       (3) establishes an implementation timeline for--
       (A) gathering and building program activity information;
       (B) developing and implementing the pilot program;
       (C) seeking and responding to stakeholder comments;
       (D) developing and presenting findings from the pilot 
     program to the appropriate congressional committees;
       (E) notifying the appropriate congressional committees 
     regarding how program activities will be aggregated, 
     disaggregated, or consolidated as part of identifying 
     programs; and
       (F) implementing a Governmentwide program inventory through 
     an iterative approach; and
       (4) includes recommendations, if any, to reconcile the 
     conflicting definitions of the term ``program'' in relevant 
     Federal statutes, as it relates to the purpose of this title.
       (c) Implementation.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Director shall make available 
     online all information required under the amendments made by 
     section __02 with respect to all programs.
       (2) Extensions.--The Director may, based on an analysis of 
     the costs of implementation, and after submitting to the 
     appropriate congressional committees a notification of the 
     action by the Director, extend the deadline for 
     implementation under paragraph (1) by not more than a total 
     of 1 year.
       (d) Reporting.--Not later than 2 years after the date on 
     which the Director makes available online all information 
     required under the amendments made by section __02 with 
     respect to all programs, the Comptroller General of the 
     United States shall submit to the appropriate congressional 
     committees a report regarding the implementation of this 
     title and the amendments made by this title, which shall--
       (1) review how the Director and agencies determined how to 
     aggregate, disaggregate, or consolidate program activities to 
     provide the most useful information for an inventory of 
     Government programs;
       (2) evaluate the extent to which the program inventory 
     required under section 1122 of title 31, United States Code, 
     as amended by this title, provides useful information for 
     transparency, decision-making, and oversight;
       (3) evaluate the extent to which the program inventory 
     provides a coherent picture of the scope of Federal 
     investments in particular areas; and
       (4) include the recommendations of the Comptroller General, 
     if any, for improving implementation of this title and the 
     amendments made by this title.

     SEC. __04. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) In General.--Section 1122 of title 31, United States 
     Code, is amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by inserting ``described in subsection (a)(2)(A)'' after 
     ``the website'' each place it appears;
       (2) in subsection (c), in the matter preceding paragraph 
     (1), by inserting ``described in subsection (a)(2)(A)'' after 
     ``the website''; and
       (3) in subsection (d)--
       (A) in the subsection heading, by striking ``on Website''; 
     and
       (B) in the first sentence, by striking ``on the website''.
       (b) Other Amendments.--
       (1) Section 1115(a) of title 31, United States Code, is 
     amended in the matter preceding paragraph (1) by striking 
     ``the website provided under'' and inserting ``a website 
     described in''.
       (2) Section 10 of the GPRA Modernization Act of 2010 (31 
     U.S.C. 1115 note) is amended--
       (A) in subsection (a)(3), by striking ``the website 
     described under'' and inserting ``a website described in''; 
     and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``the website described 
     under'' and inserting ``a website described in''; and
       (ii) in paragraph (3), by striking ``the website as 
     required under'' and inserting ``a website described in''.
       (3) Section 1120(a)(5) of title 31, United States Code, is 
     amended by striking ``the website described under'' and 
     inserting ``a website described in''.
       (4) Section 1126(b)(2)(E) of title 31, United States Code, 
     is amended by striking ``the website of the Office of 
     Management and Budget pursuant to'' and inserting ``a website 
     described in''.
       (5) Section 3512(a)(1) of title 31, United States Code, is 
     amended by striking ``the website described under'' and 
     inserting ``a website described in''.
                                 ______
                                 
  SA 2234. 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 D of title XII, add the following:

     SEC. 1242. FEASIBILITY STUDY ON INCREASED ROTATIONAL 
                   DEPLOYMENTS TO GREECE.

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the feasibility of increased rotational deployments 
     of members of the Armed Forces to Greece, including to Souda 
     Bay, Alexandroupoli, Larissa, Volos, and Stefanovikeio.
       (b) Element.--The study required by subsection (a) shall 
     include an evaluation of any infrastructure investment 
     necessary to support such increased rotational deployments.
       (c) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the congressional defense committees a report on the 
     results of the study required by subsection (a).

[[Page S3691]]

  

                                 ______
                                 
  SA 2235. 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 F of title VIII, add the following:

     SEC. 884. PILOT PROGRAM EXPLORING THE USE OF CONSUMPTION-
                   BASED SOLUTIONS TO ADDRESS SOFTWARE-INTENSIVE 
                   WARFIGHTING CAPABILITY.

       (a) Finding.--In its final report, the Section 809 Panel 
     recommended the adoption of consumption-based approaches at 
     the Department of Defense, stating, ``More things will be 
     sold as a service in the future. XaaS could really mean 
     everything in the context of the Internet of things (IoT). 
     Consumption-based solutions are appearing in many industry 
     sectors, from last mile transportation (e.g., bike shares and 
     electric scooters) to agriculture (e.g., tractor-as-a-service 
     for farmers in developing countries). Most smart phone users 
     are familiar with software updates that provide bug fixes or 
     new features. A more extreme example of technology innovation 
     enabled by the IoT is the ability to deliver physical 
     performance improvements to vehicles through over-the-air 
     software updates. . . In the not-so-distant future, cloud 
     computing and the IoT will enable consumption-based solution 
     offerings and delivery models that are hard to imagine 
     today.''
       (b) Sense of Congress.--It is the sense of Congress--
       (1) that the Department of Defense should take advantage of 
     ``as-a-service'' or ``aaS'' approaches in commercial 
     capability development, particularly where the capability is 
     software-defined, and cloud-enabled;
       (2) to support the Department of Defense's commitment to 
     new approaches to development and acquisition of software;
       (3) that the Department should explore a variety of 
     approaches, to include the use of consumption-based solutions 
     for software-intensive warfighting capability; and
       (4) that, in conducting activities under the pilot program 
     established under this program, the Department should use the 
     Software pathway under the new Adaptive Acquisition 
     Framework.
       (c) In General.--Subject to the availability of 
     appropriations, the Secretary of Defense is authorized to 
     establish a pilot program to explore the use of consumption-
     based solutions to address software-intensive warfighting 
     capability.
       (d) Selection of Initiatives.--The Secretary of each 
     military department and the commander of each combatant 
     command with acquisition authority shall propose for 
     selection by the Secretary of Defense for the pilot program 
     at least one and not more than three initiatives that are 
     well-suited to explore consumption-based solutions to address 
     software-intensive warfighting capability. The initiatives 
     may be new or existing programs of record and shall focus on 
     software-defined or machine-enabled warfighting applications, 
     and may include applications that--
       (1) rapidly analyze sensor data;
       (2) secure warfighter networks, including multi-level 
     security;
       (3) swiftly transport information across various networks 
     and network modalities; or
       (4) otherwise enable joint all-domain operational concepts, 
     including in a contested environment.
       (e) Contract Requirements.--Contracts for consumption-based 
     solutions entered into pursuant to the pilot program shall 
     provide for--
       (1) the solution to be measurable on a frequent interval 
     customary for the type of solution;
       (2) the contractor to notify the government when 
     consumption reaches 75 percent and 90 percent of the contract 
     funded amount; and
       (3) discretion for the contracting officer to add new 
     features or capabilities without additional competition for 
     the contract, provided that the amount of the new features or 
     capabilities does not exceed 25 percent of the total contract 
     value.
       (f) Duration of Initiatives.--Each initiative carried out 
     under the pilot program shall be carried out during the 
     three-year period following selection of the initiative.
       (g) Monitoring and Evaluation of Pilot Program.--The 
     Director of the Office of Cost Assessment and Program 
     Evaluation shall establish continuous monitoring to evaluate 
     the pilot program established under subsection (c), including 
     collecting data on cost, schedule, and performance from the 
     program office, the user community, and the contractors.
       (h) Reports.--
       (1) Initial report.--Not later than January 31, 2021, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on initiatives selected for the 
     pilot program, roles and responsibilities for implementing 
     the pilot program, and the monitoring and evaluation approach 
     for the pilot.
       (2) Progress report.--Not later than April 15, 2021, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the progress of the 
     initiatives.
       (3) Final report.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the cost, schedule, and performance outcomes of the 
     initiatives. The report shall also include lessons learned 
     about the use of consumption-based solutions for software-
     intensive capabilities and any recommendations for statutory 
     or regulatory changes to facilitate their use.
       (i) Consumption-based Solution Defined.--In this section, 
     the term ``consumption-based solution'' means any combination 
     of software, hardware or equipment, and labor or services 
     that provides a seamless capability that is metered and 
     billed based on actual usage and predetermined pricing per 
     resource unit, and includes the ability to rapidly scale 
     capacity up or down.
                                 ______
                                 
  SA 2236. Ms. McSALLY 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 X, add the following:

     SEC. ____. AMENDMENTS TO TITLE 46.

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

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

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

``30308. Death of a member of the Armed Forces from a collision on the 
              high seas.''.
                                 ______
                                 
  SA 2237. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Statement of Policy.--Section 2(b) of the Defense 
     Production Act of 1950 (50 U.S.C. 4502(b)) is amended--
       (1) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) authorities under this Act should be used when 
     appropriate to ensure the availability of medical articles 
     essential to national defense, including through measures 
     designed to secure the drug supply chain, and taking into 
     consideration the importance of United States 
     competitiveness, scientific leadership and cooperation, and 
     innovative capacity;''.
       (b) Strengthening Domestic Capability.--Section 107 of the 
     Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
       (1) in subsection (a), by striking ``and industrial 
     resources'' and inserting ``industrial resources, and medical 
     articles''; and
       (2) in subsection (b)(1), by striking ``and industrial 
     resources'' and inserting ``industrial

[[Page S3692]]

     resources, and medical articles (including drugs to diagnose, 
     cure, mitigate, treat, or prevent disease) essential to 
     national defense''.
       (c) Strategy on Securing Supply Chains for Medical 
     Articles.--Title I of the Defense Production Act of 1950 (50 
     U.S.C. 4511 et seq.) is amended by adding at the end the 
     following:

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

       ``(a) In General.--Not later than 120 days after the date 
     of the enactment of this section, the President, in 
     consultation with the Secretary of Health and Human Services, 
     the Secretary of Commerce, the Secretary of Homeland 
     Security, and the Secretary of Defense, shall transmit a 
     strategy to the appropriate Members of Congress that includes 
     the following:
       ``(1) A detailed plan to use the authorities under this 
     title and title III, or any other provision of law, to ensure 
     the supply of medical articles (including drugs to diagnose, 
     cure, mitigate, treat, or prevent disease) essential to 
     national defense, to the extent necessary for the purposes of 
     this Act.
       ``(2) An analysis of vulnerabilities to existing supply 
     chains for such medical articles, and recommendations to 
     address the vulnerabilities.
       ``(3) Measures to be undertaken by the President to 
     diversify such supply chains, as appropriate and as required 
     for national defense.
       ``(4) A discussion of--
       ``(A) any significant effects resulting from the plan and 
     measures described in this subsection on the production, 
     cost, or distribution of vaccines or any other drugs (as 
     defined under section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321));
       ``(B) a timeline to ensure that essential components of the 
     supply chain for medical articles are not under the exclusive 
     control of a foreign government in a manner that the 
     President determines could threaten the national defense of 
     the United States; and
       ``(C) efforts to mitigate any risks resulting from the plan 
     and measures described in this subsection to United States 
     competitiveness, scientific leadership, and innovative 
     capacity, including efforts to cooperate and proactively 
     engage with United States allies.
       ``(b) Progress Report.--Following submission of the 
     strategy under subsection (a), the President shall submit to 
     the appropriate Members of Congress an annual progress report 
     evaluating the implementation of the strategy, and may 
     include updates to the strategy as appropriate. The strategy 
     and progress reports shall be submitted in unclassified form 
     but may contain a classified annex.
       ``(c) Appropriate Members of Congress.--The term 
     `appropriate Members of Congress' means--
       ``(1) the Speaker, majority leader, and minority leader of 
     the House of Representatives;
       ``(2) the majority leader and minority leader of the 
     Senate;
       ``(3) the chairman and ranking member of the Committee on 
     Financial Services of the House of Representatives; and
       ``(4) the chairman and ranking member of the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.''.
                                 ______
                                 
  SA 2238. Mr. RISCH (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 G of title XII, add the following:

     SEC. 1287. IMPROVED COORDINATION OF UNITED STATES SANCTIONS 
                   POLICY.

       (a) Office of Sanctions Coordination of the Department of 
     State.--
       (1) In general.--Section 1 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
       (A) by redesignating subsection (g) as subsection (h); and
       (B) by inserting after subsection (f) the following:
       ``(g) Office of Sanctions Coordination.--
       ``(1) In general.--There is established, within the 
     Department of State, an Office of Sanctions Coordination (in 
     this subsection referred to as the `Office').
       ``(2) Head.--The head of the Office shall--
       ``(A) have the rank and status of ambassador;
       ``(B) be appointed by the President, by and with the advice 
     and consent of the Senate; and
       ``(C) report directly to the Secretary.
       ``(3) Duties.--The head of the Office shall--
       ``(A) exercise sanctions authorities delegated to the 
     Secretary;
       ``(B) serve as the principal advisor to the senior 
     management of the Department and the Secretary regarding the 
     development and implementation of sanctions policy;
       ``(C) serve as the lead representative of the United States 
     in diplomatic engagement on sanctions matters;
       ``(D) consult and closely coordinate with allies and 
     partners of the United States, including the United Kingdom, 
     the European Union and member countries of the European 
     Union, Canada, Australia, New Zealand, Japan, and South 
     Korea, to ensure the maximum effectiveness of sanctions 
     imposed by the United States and such allies and partners;
       ``(E) serve as the coordinator for the development and 
     implementation of sanctions policy with respect to all 
     activities, policies, and programs of all bureaus and offices 
     of the Department relating to the development and 
     implementation of sanctions policy; and
       ``(F) serve as the lead representative of the Department in 
     interagency discussions with respect to the development and 
     implementation of sanctions policy.
       ``(4) Direct hire authority.--The head of the Office may 
     appoint, without regard to the provisions of sections 3309 
     through 3318 of title 5, United States Code, candidates 
     directly to positions in the competitive service, as defined 
     in section 2102 of that title, in the Office.''.
       (2) Briefing required.--Not later than 60 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter until the date that is 2 years after such date of 
     enactment, the Secretary of State shall brief the appropriate 
     congressional committees on the efforts of the Department of 
     State to establish the Office of Sanctions Coordination 
     pursuant to section 1(g) of the State Department Basic 
     Authorities Act of 1956, as amended by paragraph (1), 
     including a description of--
       (A) measures taken to implement the requirements of that 
     section and to establish the Office;
       (B) actions taken by the Office to carry out the duties 
     listed in paragraph (3) of that section;
       (C) the resources devoted to the Office, including the 
     number of employees working in the Office; and
       (D) plans for the use of the direct hire authority provided 
     under paragraph (4) of that section.
       (b) Coordination With Allies and Partners of the United 
     States.--
       (1) In general.--The Secretary of State shall develop and 
     implement mechanisms and programs, as appropriate, through 
     the head of the Office of Sanctions Coordination established 
     pursuant to section 1(g) of the State Department Basic 
     Authorities Act of 1956, as amended by subsection (a)(1), to 
     coordinate the development and implementation of United 
     States sanctions policies with allies and partners of the 
     United States, including the United Kingdom, the European 
     Union and member countries of the European Union, Canada, 
     Australia, New Zealand, Japan, and South Korea.
       (2) Information sharing.--The Secretary should pursue the 
     development and implementation of mechanisms and programs 
     under paragraph (1), as appropriate, that involve the sharing 
     of information with respect to policy development and 
     sanctions implementation.
       (3) Capacity building.--The Secretary should pursue 
     efforts, in coordination with the Secretary of the Treasury 
     and the head of any other agency the Secretary considers 
     appropriate, to assist allies and partners of the United 
     States, including the countries specified in paragraph (1), 
     as appropriate, in the development of their legal and 
     technical capacities to develop and implement sanctions 
     authorities.
       (4) Exchange programs.--In furtherance of the efforts 
     described in paragraph (3), the Secretary, in coordination 
     with the Secretary of the Treasury and the head of any other 
     agency the Secretary considers appropriate, may enter into 
     agreements with counterpart agencies in foreign governments 
     establishing exchange programs for the temporary detail of 
     government employees to share information and expertise with 
     respect to the development and implementation of sanctions 
     authorities.
       (5) Briefing required.--Not later than 90 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter until the date that is 5 years after such date of 
     enactment, the Secretary of State shall brief the appropriate 
     congressional committees on the efforts of the Department of 
     State to implement this section, including a description of--
       (A) measures taken to implement paragraph (1);
       (B) actions taken pursuant to paragraphs (2) through (4);
       (C) the extent of coordination between the United States 
     and allies and partners of the United States, including the 
     countries specified in paragraph (1), with respect to the 
     development and implementation of sanctions policy; and
       (D) obstacles preventing closer coordination between the 
     United States and such allies and partners with respect to 
     the development and implementation of sanctions policy.
       (c) Sense of Congress.--It is the sense of the Congress 
     that the President should appoint a coordinator for sanctions 
     and national economic security issues within the framework of 
     the National Security Council.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Finance of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the

[[Page S3693]]

     Committee on Way and Means of the House of Representatives.
                                 ______
                                 
  SA 2239. Mr. INHOFE 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 section 1083, add the following:
       (d) Distribution of Estimate.--As soon as practicable after 
     submitting an estimate as described in paragraph (1) of 
     subsection (a) and making the certification described in 
     paragraph (2) of such subsection, the Secretary shall make 
     such estimate available to any licensee operating under the 
     order and authorization described in such subsection.
       (e) Authority of Secretary of Defense to Seek Recovery of 
     Costs.--The Secretary of Defense may work directly with any 
     licensee (or any future assignee, successor, or purchaser) 
     affected by the Order and Authorization adopted by the 
     Federal Communications Commission on April 19, 2020 (FCC 20-
     48) to seek recovery of costs incurred by the Department of 
     Defense as a result of the effect of such order and 
     authorization.
       (f) Reimbursement.--
       (1) In general.--The Secretary shall establish and 
     facilitate a process for any licensee (or any future 
     assignee, successor, or purchaser) subject to the 
     authorization and order described in subsection (a) to 
     provide reimbursement to the Department of Defense, only to 
     the extent provided in appropriations Acts, for the covered 
     costs and eligible reimbursable costs submitted and certified 
     to the congressional defense committees under such 
     subsection.
       (2) Use of funds.--The Secretary shall use any funds 
     received under this subsection, to the extent and in such 
     amounts as are provided in advance in appropriations Acts, 
     for covered costs described in subsection (b) and the range 
     of eligible reimbursable costs identified under subsection 
     (a)(1).
       (3) Report.--Not later than 90 days after the date on which 
     the Secretary establishes the process required by paragraph 
     (1), the Secretary shall submit to the congressional defense 
     committees a report on such process.
       (g) Good Faith.--The execution of the responsibilities of 
     this section by the Department of Defense shall be considered 
     to be good faith actions pursuant to paragraph 104 of the 
     Order and Authorization (FCC 20-48) described in subsection 
     (a).
                                 ______
                                 
  SA 2240. Mr. INHOFE 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. __. APPLICATION OF DISTANCE REQUIREMENTS FOR CRITICAL 
                   ACCESS HOSPITALS.

       Section 1820(h) of the Social Security Act (42 U.S.C. 
     1395i-4(h)) is amended by adding at the end the following new 
     paragraph:
       ``(4) Application of distance criterion.--In the case of a 
     facility that was designated as a critical access hospital 
     during 2016, and for which there was a change of ownership 
     during 2018, if the designation relied on incorrect 
     information received from a State about a road as being 
     secondary in order to meet the distance criterion described 
     in subsection (c)(2)(B)(i)(I), the facility shall be deemed 
     to meet such distance criterion during the period beginning 
     on the date of such 2016 designation and ending on September 
     30, 2026.''.
                                 ______
                                 
  SA 2241. 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 end of subtitle E of title XII, add the following:

     SEC. 1262. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE 
                   ACT WITH REGARD TO TAIWAN ARMS SALES.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense Indo-Pacific Strategy Report, 
     released on June 1, 2019, states: ``[T]he Asia Reassurance 
     Initiative Act, a major bipartisan legislation, was signed 
     into law by President Trump on December 31, 2018. This 
     legislation enshrines a generational whole-of-government 
     policy framework that demonstrates U.S. commitment to a free 
     and open Indo-Pacific region and includes initiatives that 
     promote sovereignty, rule of law, democracy, economic 
     engagement, and regional security.''.
       (2) The Indo-Pacific Strategy Report further states: ``The 
     United States has a vital interest in upholding the rules-
     based international order, which includes a strong, 
     prosperous, and democratic Taiwan. . .The Department [of 
     Defense] is committed to providing Taiwan with defense 
     articles and services in such quantity as may be necessary to 
     enable Taiwan to maintain a sufficient self-defense 
     capability.''.
       (3) Section 209(b) of the Asia Reassurance Initiative Act 
     of 2018 (22 U.S.C. 3301 note), signed into law on December 
     31, 2018--
       (A) builds on longstanding commitments enshrined in the 
     Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide 
     Taiwan with defense articles; and
       (B) states: ``The President should conduct regular 
     transfers of defense articles to Taiwan that are tailored to 
     meet the existing and likely future threats from the People's 
     Republic of China, including supporting the efforts of Taiwan 
     to develop and integrate asymmetric capabilities, as 
     appropriate, including mobile, survivable, and cost-effective 
     capabilities, into its military forces.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Asia Reassurance Initiative Act of 2018 (Public Law 
     115-409; 132 Stat. 5387) has recommitted the United States to 
     support the close, economic, political, and security 
     relationship between the United States and Taiwan; and
       (2) the United States should fully implement the provisions 
     of that Act with regard to regular defensive arms sales to 
     Taiwan.
       (c) Briefing.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State and the 
     Secretary of Defense, or their designees, shall brief the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     on the efforts to implement section 209(b) of the Asia 
     Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).
                                 ______
                                 
  SA 2242. Mr. GARDNER (for himself and 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 title X, insert the following:

                  Subtitle __--Artificial Intelligence

     SEC. __1. STANDARD DEVELOPMENT FOR ARTIFICIAL INTELLIGENCE AT 
                   THE NATIONAL INSTITUTE OF STANDARDS AND 
                   TECHNOLOGY.

       The National Institute of Standards and Technology Act (15 
     U.S.C. 271 et seq.) is amended by inserting after section 22 
     the following:

     ``SEC. 22A. STANDARDS FOR ARTIFICIAL INTELLIGENCE.

       ``(a) Mission.--The Institute shall--
       ``(1) have the mission of advancing frameworks, standards, 
     guidelines, and associated methods and techniques for 
     artificial intelligence;
       ``(2) support the development of a risk-mitigation 
     framework for deploying artificial intelligence;
       ``(3) support the development of technical standards and 
     guidelines that promote reliable, robust, and trustworthy 
     artificial intelligence; and
       ``(4) support the development of technical standards and 
     guidelines by which to test for bias in artificial 
     intelligence training data and applications.
       ``(b) Participation in Standard Setting Organizations.--
       ``(1) Requirement.--The Institute shall participate in the 
     development of standards and specifications for artificial 
     intelligence.
       ``(2) Purpose.--The purpose of participation of the 
     Institute under paragraph (1) shall be to ensure--
       ``(A) that standards promote artificial intelligence that 
     is reliable, robust, and trustworthy;
       ``(B) that standards relating to artificial intelligence 
     reflect the state of technology and are fit-for-purpose and 
     developed in the transparent and consensus-based processes 
     that are open to all stakeholders.''.

     SEC. __2. ESTABLISHMENT OF NATIONAL PROGRAM TO ADVANCE 
                   ARTIFICIAL INTELLIGENCE RESEARCH.

       The National Institute of Standards and Technology Act (15 
     U.S.C. 271 et seq.), as amended by section __1, is further 
     amended by inserting after section 22A the following:

     ``SEC. 22B. NATIONAL PROGRAM TO ADVANCE ARTIFICIAL 
                   INTELLIGENCE RESEARCH.

       ``(a) Establishment.--
       ``(1) In general.--The Director shall establish a research 
     program with a national scope to advance use-inspired 
     artificial intelligence research and its use in a manner that 
     serves the needs of the United States, the Institute, 
     industry, the academic community, and such other entities as 
     the Director considers appropriate.
       ``(2) Designation.--The research program established under 
     paragraph (1) shall be known as the `National Program to 
     Advance Artificial Intelligence Research' (in this section 
     referred to as the `Program').
       ``(b) Activities.--The activities of the Program shall 
     include the following:

[[Page S3694]]

       ``(1) Supporting research necessary to operationalize the 
     goals of reliable, robust, and trustworthy artificial 
     intelligence.
       ``(2) Supporting research necessary to develop and 
     operationalize technical standards and guidelines that 
     promote reliable, robust, and trustworthy artificial 
     intelligence.
       ``(3) Fostering development of artificial intelligence 
     applications that would enhance the public good.
       ``(4) Supporting research necessary to advance human-
     centered artificial intelligence and examining societal, 
     ethical, safety, security, and privacy effects of artificial 
     intelligence development and deployment.
       ``(5) Creating and developing processes for the purpose of 
     advancing use-inspired artificial intelligence research and 
     its use.
       ``(6) Promoting exchange of personnel among industry, 
     academic, and the government entities.
       ``(7) Establishing and operating at least one test bed to 
     support the outside entities testing the degree to which 
     artificial intelligence applications and training data are 
     reliable, robust, and trustworthy.
       ``(c) Geographic Distribution.--In establishing the 
     Program, the Director may establish multiple physical 
     campuses and a national network of participants to avoid 
     undue geographic concentration of the activities of the 
     Program.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $250,000,000 for 
     each of fiscal years 2021 through 2025.''.

     SEC. __3. ESTABLISHMENT OF NATIONAL ARTIFICIAL INTELLIGENCE 
                   RESEARCH INSTITUTES.

       (a) Establishment.--
       (1) In general.--The Director of the National Science 
     Foundation shall establish at least 6 research institutes to 
     serve the needs of the United States, industry, the academic 
     community, and such other entities as the Director considers 
     appropriate by--
       (A) conducting research on longer-time-horizon challenges 
     in artificial intelligence research; and
       (B) creating and developing processes for the purpose of 
     advancing use-inspired artificial intelligence research and 
     its deployment.
       (2) Designation.--Each research institute established under 
     paragraph (1) shall be known as a ``National Artificial 
     Intelligence Research Institute''.
       (b) Grants.--
       (1) In general.--The Director shall establish the research 
     institutes under subsection (a) through the award of grants 
     to eligible entities using a competitive, merit-reviewed 
     process.
       (2) Eligible entities.--For purposes of this section, an 
     eligible entity is--
       (A) an institution of higher education;
       (B) a nonprofit research center;
       (C) such other type of entity as the Director considers 
     appropriate; or
       (D) a collaboration of any combination of entities 
     described in subparagraphs (A) through (C).
       (3) Duration.--
       (A) In general.--Each grant awarded under paragraph (1) 
     shall be for a period of 5 years.
       (B) Reapplication.--The Director may approve or disapprove 
     reapplications from grant recipients for additional grants.
       (C) Termination.--The Director may terminate a grant 
     awarded under paragraph (1) for an underperforming research 
     institute, for cause, during the performance period of the 
     grant.
       (c) Applications.--An eligible entity seeking a grant under 
     paragraph (1) to establish a research institute under this 
     section shall submit to the Director an application therefor 
     at such time, in such manner, and containing such information 
     as the Director determines appropriate.
       (d) Community Facility.--The Director shall ensure that at 
     least 1 research institute established under this section 
     operates an artificial-intelligence community computing 
     facility that is available for use by entities other than 
     research institutes established under this section.
       (e) Funding.--
       (1) In general.--Subject to the availability of 
     appropriations, the Director may, in each of fiscal years 
     2021 through 2025, obligate to carry out this section an 
     amount that is less than or equal to $50,000,000 multiplied 
     by the number of research institutes established under this 
     section.
       (2) Derivation of funds.--Amounts obligated to carry out 
     this section shall be derived from amounts appropriated to 
     the Foundation.

     SEC. __4. NATIONAL SCIENCE FOUNDATION TRAINEESHIP PROGRAM 
                   GRANTS.

       (a) Program Required.--
       (1) In general.--The Director of the National Science 
     Foundation shall carry out a program to award grants to 
     eligible entities to establish traineeship programs and 
     support trainees in topics selected by the Director under 
     subsection (c).
       (2) Purpose.--The purpose of the program established by the 
     Director under paragraph (1) shall be to increase the number 
     of individuals with advanced degrees through both direct 
     support and programmatic support.
       (b) Eligible Entities.--For purposes of this section, an 
     eligible entity is--
       (1) an institution of higher education; or
       (2) a consortia of institutions of higher education or 
     nonprofit organizations.
       (c) Topics of National Importance.--
       (1) In general.--Subject to paragraph (2), the Director 
     shall select a topic for the award of grants under subsection 
     (a) based on--
       (A) the potential of a traineeship program in the topic or 
     support of trainees in the topic to affect society 
     positively;
       (B) the importance of the topic to the economy and security 
     of the United States;
       (C) the career opportunities for the graduates; and
       (D) the need for workers in the topic with advanced 
     degrees.
       (2) Initial topic selection.--The Director shall select 
     artificial intelligence as the initial topic for the award of 
     grants under subsection (a).
       (d) Components.--A grant awarded under this section may 
     include support for--
       (1) the recipient of the grant to develop and distribute 
     model curriculum that may be used by other graduate programs 
     to educate students in the topic selected under subsection 
     (c);
       (2) mentors to provide guidance for students within the 
     topic area; and
       (3) tuition and stipend for students pursuing a masters or 
     doctoral degree.

     SEC. __5. NATIONAL SCIENCE FOUNDATION PILOT PROGRAM ON GRANTS 
                   FOR RESEARCH IN RAPIDLY EVOLVING, HIGH PRIORITY 
                   TOPICS.

       (a) Pilot Program Required.--The Director of the National 
     Science Foundation shall establish a pilot program to assess 
     the feasibility and advisability of awarding grants for the 
     conduct of research in rapidly evolving, high priority 
     topics.
       (b) Duration.--
       (1) In general.--The Director shall carry out the pilot 
     program required by subsection (a) during the 5-year period 
     beginning on the date of the enactment of this Act.
       (2) Assessment and continuation authority.--After the 
     period set forth in paragraph (1)--
       (A) the Director shall assess the pilot program; and
       (B) if the Director determines that it is both feasible and 
     advisable to do so, the Director may continue the pilot 
     program.
       (c) Grants.--In carrying out the pilot program, the 
     Director shall award grants for the conduct of research in 
     topics selected by the Director in accordance with subsection 
     (d).
       (d) Topic Selection.--The Director shall select topics for 
     research under the pilot program in accordance with the 
     following:
       (1) The Director shall select artificial intelligence as 
     the initial topic for the pilot program.
       (2) The Director may select additional topics that the 
     Director determines are--
       (A) rapidly evolving; or
       (B) of high importance to the economy and security of the 
     United States.
       (e) Applications.--
       (1) In general.--Subject to paragraph (2), a person seeking 
     a grant under the pilot program shall submit to the Director 
     an application therefor at such time, in such manner, and 
     containing such information as the Director may specify.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall include the following:
       (A) A brief description of the research the applicant 
     proposes to carry out with a grant awarded under the pilot 
     program.
       (B) A brief description of how the research is of an urgent 
     nature.
       (C) The general goals of the research.
       (D) Such other information as the Director may specify.
       (f) Use of Funds.--A recipient of a grant under the pilot 
     program shall use the amount of the grant to conduct the 
     research for which the grant was awarded.
       (g) Summaries of Research Findings.--A recipient of a grant 
     under the pilot program shall submit to the Director, at such 
     intervals as the Director determines appropriate, a summary 
     of the findings of the recipient with respect to the research 
     conducted with the grant amount.

     SEC. __6. FEDERAL ARTIFICIAL INTELLIGENCE SCHOLARSHIP-FOR-
                   SERVICE PROGRAM.

       (a) Definitions.--In this section:
       (1) Artificial intelligence.--The term ``artificial 
     intelligence'' or ``AI'' has the meaning given the term 
     ``artificial intelligence'' in section 238(g) of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (10 U.S.C. 2358 note).
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given the term ``Executive agency'' in section 
     105 of title 5, United States Code.
       (3) Registered internship.--The term ``registered 
     internship'' means a Federal Registered Internship Program 
     coordinated through the Department of Labor.
       (b) In General.--The Director of the National Science 
     Foundation, in coordination with the Director of the Office 
     of Personnel Management, the Director of the National 
     Institute of Standards and Technology, and the heads of other 
     agencies with appropriate scientific knowledge, shall 
     establish a Federal artificial intelligence scholarship-for-
     service program (referred to in this section as the ``Federal 
     AI Scholarship-for-Service Program'') to recruit and train 
     artificial intelligence professionals to lead and support the 
     application of artificial intelligence to the missions of 
     Federal, State, local, and Tribal governments.
       (c) Qualified Institution of Higher Education.--The 
     Director of the National Science Foundation, in coordination 
     with the heads of other agencies with appropriate scientific 
     knowledge, shall establish criteria to designate qualified 
     institutions of higher

[[Page S3695]]

     education that shall be eligible to participate in the 
     Federal AI Scholarship-for-Service program. Such criteria 
     shall include--
       (1) measures of the institution's demonstrated excellence 
     in the education of students in the field of artificial 
     intelligence; and
       (2) measures of the institution's ability to attract and 
     retain a diverse and non-traditional student population in 
     the fields of science, technology, engineering, and 
     mathematics, which may include the ability to attract women, 
     minorities, and individuals with disabilities.
       (d) Program Description and Components.--The Federal AI 
     Scholarship-for-Service Program shall--
       (1) provide scholarships through qualified institutions of 
     higher education to students who are enrolled in programs of 
     study at institutions of higher education leading to degrees 
     or concentrations in or related to the artificial 
     intelligence field;
       (2) provide the scholarship recipients with summer 
     internship opportunities, registered internships, or other 
     meaningful temporary appointments in the Federal information 
     technology workforce focusing on artificial intelligence 
     (referred to in this section as ``AI'') projects or research;
       (3) prioritize the employment placement of scholarship 
     recipients in executive agencies;
       (4) identify opportunities to promote multi-disciplinary 
     programs of study that integrate basic or advanced AI 
     training with other fields of study, including those that 
     address the social, economic, legal, and ethical implications 
     of human interaction with AI systems; and
       (5) support capacity-building education research programs 
     that will enable postsecondary educational institutions to 
     expand their ability to train the next-generation AI 
     workforce, including AI researchers and practitioners.
       (e) Scholarship Amounts.--Each scholarship under subsection 
     (d) shall be in an amount that covers the student's tuition 
     and fees at the institution for not more than 3 years and 
     provides the student with an additional stipend.
       (f) Post-award Employment Obligations.--Each scholarship 
     recipient, as a condition of receiving a scholarship under 
     the program, shall enter into an agreement under which the 
     recipient agrees to work for a period equal to the length of 
     the scholarship, following receipt of the student's degree, 
     in the AI mission of--
       (1) an executive agency;
       (2) Congress, including any agency, entity, office, or 
     commission established in the legislative branch;
       (3) an interstate agency;
       (4) a State, local, or Tribal government, which may include 
     instruction in AI-related skill sets in a public school 
     system; or
       (5) a State, local, or Tribal government-affiliated 
     nonprofit that is considered to be critical infrastructure 
     (as defined in section 1016(e) of the USA Patriot Act (42 
     U.S.C. 5195c(e))).
       (g) Hiring Authority.--
       (1) Appointment in excepted service.--Notwithstanding any 
     provision of chapter 33 of title 5 governing appointments in 
     the competitive service, an executive agency shall appoint in 
     the excepted service an individual who has completed the 
     eligible degree program for which a scholarship was awarded.
       (2) Noncompetitive conversion.--Except as provided in 
     paragraph (4), upon fulfillment of the service term, an 
     employee appointed under paragraph (1) may be converted 
     noncompetitively to term, career-conditional or career 
     appointment.
       (3) Timing of conversion.--An executive agency may 
     noncompetitively convert a term employee appointed under 
     paragraph (2) to a career-conditional or career appointment 
     before the term appointment expires.
       (4) Authority to decline conversion.--An executive agency 
     may decline to make the noncompetitive conversion or 
     appointment under paragraph (2) for cause.
       (h) Eligibility.--To be eligible to receive a scholarship 
     under this section, an individual shall--
       (1) be a citizen or lawful permanent resident of the United 
     States;
       (2) demonstrate a commitment to a career in advancing the 
     field of AI;
       (3) be--
       (A) a full-time student in an eligible degree program at a 
     qualified institution of higher education, as determined by 
     the Director of the National Science Foundation;
       (B) a student pursuing a degree on a less than full-time 
     basis, but not less than half-time basis; or
       (C) an AI faculty member on sabbatical to advance knowledge 
     in the field; and
       (4) accept the terms of a scholarship under this section.
       (i) Conditions of Support.--
       (1) In general.--As a condition of receiving a scholarship 
     under this section, a recipient shall agree to provide the 
     qualified institution of higher education with annual 
     verifiable documentation of post-award employment and up-to-
     date contact information.
       (2) Terms.--A scholarship recipient under this section 
     shall be liable to the United States as provided in 
     subsection (k) if the individual--
       (A) fails to maintain an acceptable level of academic 
     standing at the applicable institution of higher education, 
     as determined by the Director of the National Science 
     Foundation;
       (B) is dismissed from the applicable institution of higher 
     education for disciplinary reasons;
       (C) withdraws from the eligible degree program before 
     completing the program;
       (D) declares that the individual does not intend to fulfill 
     the post-award employment obligation under this section; or
       (E) fails to fulfill the post-award employment obligation 
     of the individual under this section.
       (j) Monitoring Compliance.--As a condition of participating 
     in the program, a qualified institution of higher education 
     shall--
       (1) enter into an agreement with the Director of the 
     National Science Foundation, to monitor the compliance of 
     scholarship recipients with respect to their post-award 
     employment obligations; and
       (2) provide to the Director of the National Science 
     Foundation, on an annual basis, the post-award employment 
     documentation required under subsection (i)(1) for 
     scholarship recipients through the completion of their post-
     award employment obligations.
       (k) Amount of Repayment.--
       (1) Less than 1 year of service.--If a circumstance 
     described in subsection (i)(2) occurs before the completion 
     of 1 year of a post-award employment obligation under this 
     section, the total amount of scholarship awards received by 
     the individual under this section shall--
       (A) be repaid; or
       (B) be treated as a loan to be repaid in accordance with 
     subsection (l).
       (2) 1 or more years of service.--If a circumstance 
     described in subparagraph (D) or (E) of subsection (i)(2) 
     occurs after the completion of 1 or more years of a post-
     award employment obligation under this section, the total 
     amount of scholarship awards received by the individual under 
     this section, reduced by the ratio of the number of years of 
     service completed divided by the number of years of service 
     required, shall--
       (A) be repaid; or
       (B) be treated as a loan to be repaid in accordance with 
     subsection (l).
       (l) Repayments.--A loan described in subsection (k) shall--
       (1) be treated as a Federal Direct Unsubsidized Stafford 
     Loan under part D of title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1087a et seq.); and
       (2) be subject to repayment, together with interest thereon 
     accruing from the date of the scholarship award, in 
     accordance with terms and conditions specified by the 
     Director of the National Science Foundation (in consultation 
     with the Secretary of Education) in regulations promulgated 
     to carry out this subsection.
       (m) Collection of Repayment.--
       (1) In general.--In the event that a scholarship recipient 
     is required to repay the scholarship award under this 
     section, the qualified institution of higher education 
     providing the scholarship shall--
       (A) determine the repayment amounts and notify the 
     recipient and the Director of the National Science Foundation 
     of the amounts owed; and
       (B) collect the repayment amounts within a period of time 
     as determined by the Director of the National Science 
     Foundation, or the repayment amounts shall be treated as a 
     loan in accordance with subsection (l).
       (2) Returned to treasury.--Except as provided in paragraph 
     (3), any repayment under this subsection shall be returned to 
     the Treasury of the United States.
       (3) Retain percentage.--A qualified institution of higher 
     education may retain a percentage of any repayment the 
     institution collects under this subsection to defray 
     administrative costs associated with the collection. The 
     Director of the National Science Foundation shall establish a 
     single, fixed percentage that will apply to all eligible 
     entities.
       (n) Exceptions.--The Director of the National Science 
     Foundation may provide for the partial or total waiver or 
     suspension of any service or payment obligation by an 
     individual under this section whenever compliance by the 
     individual with the obligation is impossible or would involve 
     extreme hardship to the individual, or if enforcement of such 
     obligation with respect to the individual would be 
     unconscionable.
       (o) Public Information.--
       (1) Evaluation.--The Director of the National Science 
     Foundation, in coordination with the Director of the Office 
     of Personnel Management, shall annually evaluate and make 
     public, in a manner that protects the personally identifiable 
     information of scholarship recipients, information on the 
     success of recruiting individuals for scholarships under this 
     section and on hiring and retaining those individuals in the 
     public sector AI workforce, including information on--
       (A) placement rates;
       (B) where students are placed, including job titles and 
     descriptions;
       (C) salary ranges for students not released from 
     obligations under this section;
       (D) how long after graduation students are placed;
       (E) how long students stay in the positions they enter upon 
     graduation;
       (F) how many students are released from obligations; and
       (G) what, if any, remedial training is required.
       (2) Reports.--The Director of the National Science 
     Foundation, in coordination with the Office of Personnel 
     Management, shall submit, not less frequently than once every

[[Page S3696]]

     3 years, to the Homeland Security and Governmental Affairs 
     Committee of the Senate, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on Science, 
     Space, and Technology of the House of Representatives, and 
     the Committee on Oversight and Reform of the House of 
     Representatives a report, including the results of the 
     evaluation under paragraph (1) and any recent statistics 
     regarding the size, composition, and educational requirements 
     of the Federal AI workforce.
       (3) Resources.--The Director of the National Science 
     Foundation, in coordination with the Director of the Office 
     of Personnel Management, shall provide consolidated and user-
     friendly online resources for prospective scholarship 
     recipients, including, to the extent practicable--
       (A) searchable, up-to-date, and accurate information about 
     participating institutions of higher education and job 
     opportunities related to the AI field; and
       (B) a modernized description of AI careers.
       (p) Refresh.--Not less than once every 2 years, the 
     Director of the National Science Foundation, in coordination 
     with the Director of the Office of Personnel Management, 
     shall review and update the Federal AI Scholarship-for-
     Service Program to reflect advances in technology.
       (q) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary.
                                 ______
                                 
  SA 2243. Mr. PORTMAN 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 805(a)(3), insert ``, including manufacturing 
     surge capacity,'' after ``evaluation of the competitive 
     strengths and weaknesses of United States industry''.

                                 ______
                                 
  SA 2244. Mr. CORNYN (for himself, Mr. Cotton, Mr. Schumer, Mr. 
Warner, Ms. Collins, Mr. Tillis, Mrs. Blackburn, Mr. Hawley, Mr. 
Daines, Mr. King, Mrs. Gillibrand, Mr. Rubio, and Ms. Sinema) 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 X, add the following:

           Subtitle H--Semiconductor Manufacturing Incentives

     SEC. 1091. SEMICONDUCTOR INCENTIVE GRANTS.

       (a) Definitions.--In this section--
       (1) the term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on Appropriations, the Committee on Banking, 
     Housing, and Urban Affairs, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on Homeland Security of the House of 
     Representatives;
       (2) the term ``covered entity'' means a private entity, a 
     consortium of private entities, or a consortium of public and 
     private entities with a demonstrated ability to construct, 
     expand, or modernize a facility relating to the fabrication, 
     assembly, testing, advanced packaging, or advanced research 
     and development of semiconductors;
       (3) the term ``covered incentive''--
       (A) means an incentive offered by a governmental entity to 
     a covered entity for the purposes of constructing within the 
     jurisdiction of the governmental entity, or expanding or 
     modernizing an existing facility within that jurisdiction, a 
     facility described in paragraph (2); and
       (B) includes any tax incentive (such as an incentive or 
     reduction with respect to employment or payroll taxes or a 
     tax abatement with respect to personal or real property), a 
     workforce-related incentive (including a grant agreement 
     relating to workforce training or vocational education), any 
     concession with respect to real property, funding for 
     research and development with respect to semiconductors, and 
     any other incentive determined appropriate by the Secretary, 
     in consultation with the Secretary of State;
       (4) the term ``foreign adversary'' means any foreign 
     government or foreign nongovernment person that is engaged in 
     a long-term pattern, or is involved in a serious instance, of 
     conduct that is significantly adverse to--
       (A) the national security of the United States or an ally 
     of the United States; or
       (B) the security and safety of United States persons;
       (5) the term ``governmental entity'' means a State or local 
     government;
       (6) the term ``Secretary'' means the Secretary of Commerce; 
     and
       (7) the term ``semiconductor'' has the meaning given the 
     term by the Secretary.
       (b) Grant Program.--
       (1) In general.--The Secretary shall establish in the 
     Department of Commerce a program that, in accordance with the 
     requirements of this section, provides grants to covered 
     entities.
       (2) Procedure.--
       (A) In general.--A covered entity shall submit to the 
     Secretary an application that describes the project for which 
     the covered entity is seeking a grant under this section.
       (B) Eligibility.--In order for a covered entity to qualify 
     for a grant under this section, the covered entity shall 
     demonstrate to the Secretary, in the application submitted by 
     the covered entity under subparagraph (A), that--
       (i) the covered entity has a documented interest in 
     constructing, expanding, or modernizing a facility described 
     in subsection (a)(2); and
       (ii) with respect to the project described in clause (i), 
     the covered entity has--

       (I) been offered a covered incentive;
       (II) made commitments to worker and community investment, 
     including through--

       (aa) training and education benefits paid by the covered 
     entity; and
       (bb) programs to expand employment opportunity for 
     economically disadvantaged individuals; and

       (III) secured commitments from regional educational and 
     training entities and institutions of higher education to 
     provide workforce training, including programming for 
     training and job placement of economically disadvantaged 
     individuals.

       (C) Considerations for review.--With respect to the review 
     by the Secretary of an application submitted by a covered 
     entity under subparagraph (A)--
       (i) the Secretary may not approve the application unless 
     the Secretary--

       (I) confirms that the covered entity has satisfied the 
     eligibility criteria under subparagraph (B); and
       (II) determines that the project to which the application 
     relates is in the interest of the United States; and

       (ii) the Secretary may consider whether--

       (I) the covered entity has previously received a grant made 
     under this subsection; and
       (II) the governmental entity offering the applicable 
     covered incentive has benefitted from a grant previously made 
     under this subsection.

       (3) Amount.--The amount of a grant made by the Secretary to 
     a covered entity under this subsection shall be in an amount 
     that is not more than $3,000,000,000.
       (4) Use of funds.--A covered entity that receives a grant 
     under this subsection may only use the grant amounts to--
       (A) finance the construction, expansion, or modernization 
     of a facility described in subsection (a)(2), as documented 
     in the application submitted by the covered entity under 
     paragraph (2)(A), or for similar uses in state of practice 
     and legacy facilities, as determined necessary by the 
     Secretary for purposes relating to the national security and 
     economic competitiveness of the United States;
       (B) support workforce development for the facility 
     described in subparagraph (A); or
       (C) support site development for the facility described in 
     subparagraph (A).
       (5) Clawback.--The Secretary shall recover the full amount 
     of a grant provided to a covered entity under this subsection 
     if--
       (A) as of the date that is 5 years after the date on which 
     the Secretary makes the grant, the project to which the grant 
     relates has not been completed, except that the Secretary may 
     issue a waiver with respect to the requirement under this 
     subparagraph if the Secretary determines that issuing such a 
     waiver is appropriate and in the interests of the United 
     States; or
       (B) during the applicable term with respect to the grant, 
     the covered entity engages in any joint research or 
     technology licensing effort--
       (i) with the Government of the People's Republic of China, 
     the Government of the Russian Federation, the Government of 
     Iran, the Government of North Korea, or another foreign 
     adversary; and
       (ii) that relates to a sensitive technology or product, as 
     determined by the Secretary.
       (c) Consultation and Coordination Required.--In carrying 
     out the program established under subsection (b), the 
     Secretary shall consult and coordinate with the Secretary of 
     State and the Secretary of Defense.
       (d) GAO Reviews.--The Comptroller General of the United 
     States shall--
       (1) not later than 2 years after the date of enactment of 
     this Act, and biennially thereafter until the date that is 10 
     years after that date of enactment, conduct a review of the 
     program established under subsection (b), which shall 
     include, at a minimum--
       (A) a determination of the number of instances in which 
     grants were provided under that subsection during the period 
     covered by the review in violation of a requirement of this 
     section;
       (B) an evaluation of how--

[[Page S3697]]

       (i) the program is being carried out, including how 
     recipients of grants are being selected under the program; 
     and
       (ii) other Federal programs are leveraged for 
     manufacturing, research, and training to complement the 
     grants awarded under the program; and
       (C) a description of the outcomes of projects supported by 
     grants made under the program, including a description of--
       (i) facilities described in subsection (a)(2) that were 
     constructed, expanded, or modernized as a result of grants 
     made under the program;
       (ii) research and development carried out with grants made 
     under the program; and
       (iii) workforce training programs carried out with grants 
     made under the program, including efforts to hire individuals 
     from disadvantaged populations; and
       (2) submit to the appropriate committees of Congress the 
     results of each review conducted under paragraph (1).

     SEC. 1092. DEPARTMENT OF DEFENSE.

       (a) Department of Defense Efforts.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Commerce, the Secretary of 
     Homeland Security, and the Director of National Intelligence, 
     work with the private sector through a public-private 
     partnership, including by incentivizing the formation of a 
     consortium of United States companies, to ensure the 
     development and production of advanced, measurably secure 
     microelectronics for use by the Department of Defense, the 
     intelligence community, critical infrastructure sectors, and 
     other national security applications. Such work may include 
     providing incentives for the creation, expansion, or 
     modernization of one or more commercially competitive and 
     sustainable microelectronics manufacturing or advanced 
     research and development facilities.
       (2) Risk mitigation requirements.--A participant in a 
     consortium formed with incentives under paragraph (1) shall--
       (A) have the potential to perform fabrication, assembly, 
     package, or test functions for microelectronics deemed 
     critical to national security as defined by export control 
     regulatory agencies in consultation with the National 
     Security Adviser and the Secretary of Defense;
       (B) include management processes to identify and mitigate 
     supply chain security risks; and
       (C) be able to produce microelectronics consistent with 
     applicable measurably secure supply chain and operational 
     security standards established under section 224(b) of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92).
       (3) National security considerations.--The Secretary of 
     Defense and the Director of National Intelligence shall 
     select participants for the consortium formed with incentives 
     under paragraph (1). In selecting such participants, the 
     Secretary and the Director may jointly consider whether the 
     United States companies--
       (A) have participated in previous programs and projects of 
     the Department of Defense, Department of Energy, or the 
     intelligence community, including--
       (i) the Trusted Integrated Circuit program of the 
     Intelligence Advanced Research Projects Activity;
       (ii) trusted and assured microelectronics projects, as 
     administered by the Department of Defense;
       (iii) the Electronics Resurgence Initiative (ERI) program 
     of the Defense Advanced Research Projects Agency; or
       (iv) relevant semiconductor research programs of Advanced 
     Research Projects Agency-Energy;
       (B) have demonstrated an ongoing commitment to performing 
     contracts for the Department of Defense and the intelligence 
     community;
       (C) are approved by the Defense Counterintelligence and 
     Security Agency or the Office of the Director of National 
     Intelligence as presenting an acceptable security risk, 
     taking into account supply chain assurance vulnerabilities, 
     counterintelligence risks, and any risks presented by 
     companies whose owners are located outside the United States; 
     and
       (D) are evaluated periodically for foreign ownership, 
     control, or influence by foreign adversaries.
       (4) Nontraditional defense contractors and commercial 
     entities.--Arrangements entered into to carry out paragraph 
     (1) shall be in such form as the Secretary of Defense 
     determines appropriate to encourage industry participation of 
     nontraditional defense contractors or commercial entities and 
     may include a contract, a grant, a cooperative agreement, a 
     commercial agreement, the use of other transaction authority 
     under section 2371 of title 10, United States Code, or 
     another such arrangement.
       (5) Discharge.--The Secretary of Defense shall carry out 
     paragraph (1) jointly through the Office of the Under 
     Secretary of Defense for Research and Engineering and the 
     Office of the Under Secretary of Defense for Acquisition and 
     Sustainment, or such other component of the Department of 
     Defense as the Secretary considers appropriate.
       (6) Other initiatives.--The Secretary of Defense shall 
     dedicate initiatives within the Department of Defense to 
     advance radio frequency, mixed signal, radiation tolerant, 
     and radiation hardened microelectronics that support national 
     security and dual-use applications.
       (7) Reports.--
       (A) Report by secretary of defense.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report on the plans of the 
     Secretary to carry out paragraph (1).
       (B) Biennial reports by comptroller general of the united 
     states.--Not later than 1 year after the date on which the 
     Secretary submits the report required by subparagraph (A) and 
     not less frequently than once every 2 years thereafter for a 
     period of 10 years, the Comptroller General of the United 
     States shall submit to Congress a report on the activities 
     carried out under this subsection.
       (b) Defense Production Act of 1950 Efforts.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on a plan for use by the Department of 
     Defense of authorities available in title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish 
     and enhance a domestic production capability for 
     microelectronics technologies and related technologies, 
     subject to the availability of appropriations for that 
     purpose.
       (2) Consultation.--The President shall develop the plan 
     required by paragraph (1) in coordination with the Secretary 
     of Defense, and in consultation with the Secretary of State, 
     the Secretary of Commerce, and appropriate stakeholders in 
     the private sector.

     SEC. 1093. DEPARTMENT OF COMMERCE STUDY ON STATUS OF 
                   MICROELECTRONICS TECHNOLOGIES IN THE UNITED 
                   STATES INDUSTRIAL BASE.

       (a) In General.--Commencing not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce and the Secretary of Homeland Security, in 
     consultation with the Secretary of Defense and the heads of 
     other appropriate Federal departments and agencies, shall 
     undertake a review, which shall include a survey, using 
     authorities in section 705 of the Defense Production Act (50 
     U.S.C. 4555), to assess the capabilities of the United States 
     industrial base to support the national defense in light of 
     the global nature of the supply chain and significant 
     interdependencies between the United States industrial base 
     and the industrial base of foreign countries with respect to 
     the manufacture, design, and end use of microelectronics.
       (b) Response to Survey.--The Secretary shall ensure 
     compliance with the survey from among all relevant potential 
     respondents, including the following:
       (1) Corporations, partnerships, associations, or any other 
     organized groups domiciled and with substantial operations in 
     the United States.
       (2) Corporations, partnerships, associations, or any other 
     organized groups domiciled in the United States with 
     operations outside the United States.
       (3) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups with substantial 
     operations or business presence in, or substantial revenues 
     derived from, the United States.
       (4) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups in defense treaty 
     or assistance countries where the production of the entity 
     concerned involves critical technologies covered by section 
     2.
       (c) Information Requested.--The information sought from a 
     responding entity pursuant to the survey required by 
     subsection (a) shall include, at minimum, information on the 
     following with respect to the manufacture. design, or end use 
     of microelectronics by such entity:
       (1) An identification of the geographic scope of 
     operations.
       (2) Information on relevant cost structures.
       (3) An identification of types of microelectronics 
     development, manufacture, assembly, test, and packaging 
     equipment in operation at such entity.
       (4) An identification of all relevant intellectual 
     property, raw materials, and semi-finished goods and 
     components sourced domestically and abroad by such entity.
       (5) Specifications of the microelectronics manufactured or 
     designed by such entity, descriptions of the end-uses of such 
     microelectronics, and a description of any technical support 
     provided to end-users of such microelectronics by such 
     entity.
       (6) Information on domestic and export market sales by such 
     entity.
       (7) Information on the financial performance, including 
     income and expenditures, of such entity.
       (8) A list of all foreign and domestic subsidies, and any 
     other financial incentives, received by such entity in each 
     market in which such entity operates.
       (9) A list of information requests from the People's 
     Republic of China to such entity, and a description of the 
     nature of each request and the type of information provided.
       (10) Information on any joint ventures, technology 
     licensing agreements, and cooperative research or production 
     arrangements of such entity.
       (11) A description of efforts by such entity to evaluate 
     and control supply chain risks it faces.
       (12) A list and description of any sales, licensing 
     agreements, or partnerships between such entity and the 
     People's Liberation Army or People's Armed Police, including 
     any business relationships with entities through which such 
     sales, licensing agreements, or partnerships may occur.

[[Page S3698]]

       (d) Report.--
       (1) In general.--The Secretary of Commerce shall, in 
     consultation with the Secretary of Defense, the Secretary of 
     Homeland Security, and the heads of other appropriate Federal 
     departments and agencies, submit to Congress a report on the 
     results of the review required by subsection (a). The report 
     shall include the following:
       (A) An assessment of the results of the survey.
       (B) A list of critical technology areas impacted by 
     potential disruptions in production of microelectronics, and 
     a detailed description and assessment of the impact of such 
     potential disruptions on such areas.
       (C) A description and assessment of gaps and 
     vulnerabilities in the microelectronics supply chain and the 
     national industrial supply base.
       (2) Form.-- The report required by paragraph (1) may be 
     submitted in classified form.

     SEC. 1094. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY 
                   SECURE MICROELECTRONICS AND MEASURABLY SECURE 
                   MICROELECTRONICS SUPPLY CHAINS.

       (a) Multilateral Microelectronics Security Fund.--
       (1) Establishment of fund.--There is established in the 
     Treasury of the United States a trust fund, to be known as 
     the ``Multilateral Microelectronics Security Fund'' (in this 
     section referred to as the ``Fund''), consisting of such 
     amounts as may be appropriated to such Fund and any amounts 
     that may be credited to the Fund under paragraph (2).
       (2) Investment of amounts.--
       (A) Investment of amounts.--The Secretary of the Treasury 
     shall invest such portion of the Fund as is not required to 
     meet current withdrawals in interest-bearing obligations of 
     the United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       (B) Interest and proceeds.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Fund shall be credited to and form a part of the Fund.
       (3) Use of fund.--
       (A) In general.--Subject to subparagraph (B), amounts in 
     the Fund shall be available, as provided in advance in an 
     appropriations Act, to the Secretary of State--
       (i) to provide funding through the common funding mechanism 
     described in subsection (b)(1) to support the development and 
     adoption of measurably secure microelectronics and measurably 
     secure microelectronics supply chains; and
       (ii) to otherwise carry out this section.
       (B) Availability contingent on international agreement.--
     Amounts in the Fund shall be available to the Secretary of 
     State on and after the date on which the Secretary enters 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism under paragraph (1) of subsection (b) and 
     the commitments described in paragraph (2) of that 
     subsection.
       (4) Availability of amounts.--
       (A) In general.--Amounts in the Fund shall remain available 
     through the end of the tenth fiscal year beginning after the 
     date of the enactment of this Act.
       (B) Remainder to treasury.--Any amounts remaining in the 
     Fund after the end of the fiscal year described in 
     subparagraph (A) shall be deposited in the general fund of 
     the Treasury.
       (b) Common Funding Mechanism for Development and Adoption 
     of Measurably Secure Microelectronics and Measurably Secure 
     Microelectronics Supply Chains.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of the 
     Treasury, and the Director of National Intelligence, shall 
     seek to establish a common funding mechanism, in coordination 
     with the governments of countries that are partners of the 
     United States, that uses amounts from the Fund, and amounts 
     committed by such governments, to support the development and 
     adoption of secure microelectronics and secure 
     microelectronics supply chains, including for use in research 
     and development collaborations among countries participating 
     in the common funding mechanism.
       (2) Mutual commitments.--The Secretary of State, in 
     consultation with the United States Trade Representative, the 
     Secretary of the Treasury, and the Secretary of Commerce, 
     shall seek to negotiate a set of mutual commitments with the 
     governments of countries that are partners of the United 
     States upon which to condition any expenditure of funds 
     pursuant to the common funding mechanism described in 
     paragraph (1). Such commitments shall, at a minimum--
       (A) establish transparency requirements for any subsidies 
     or other financial benefits (including revenue foregone) 
     provided to microelectronics firms located in or outside such 
     countries;
       (B) establish consistent policies with respect to countries 
     that--
       (i) are not participating in the common funding mechanism; 
     and
       (ii) do not meet transparency requirements established 
     under subparagraph (A);
       (C) promote harmonized treatment of microelectronics and 
     verification processes for items being exported to a country 
     considered a national security risk by a country 
     participating in the common funding mechanism;
       (D) establish consistent policies and common external 
     policies to address nonmarket economies as the behavior of 
     such countries pertains to microelectronics;
       (E) align policies on supply chain integrity and 
     microelectronics security, including with respect to 
     protection and enforcement of intellectual property rights; 
     and
       (F) promote harmonized foreign direct investment screening 
     measures with respect to microelectronics to align with 
     national and multilateral security priorities.
       (c) Annual Report to Congress.--Not later than one year 
     after the date of the enactment of this Act, and annually 
     thereafter for each fiscal year during which amounts in the 
     Fund are available under subsection (a)(4), the Secretary of 
     State shall submit to Congress a report on the status of the 
     implementation of this section that includes a description 
     of--
       (1) any commitments made by the governments of countries 
     that are partners of the United States to providing funding 
     for the common funding mechanism described in subsection 
     (b)(1) and the specific amount so committed;
       (2) the criteria established for expenditure of funds 
     through the common funding mechanism;
       (3) how, and to whom, amounts have been expended from the 
     Fund;
       (4) amounts remaining in the Fund;
       (5) the progress of the Secretary of State toward entering 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism and the commitments described in subsection 
     (b)(2); and
       (6) any additional authorities needed to enhance the 
     effectiveness of the Fund in achieving the security goals of 
     the United States.

     SEC. 1095. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.

       (a) Appropriate Committees of Congress.-- In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on Energy and Natural Resources, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, the Committee on Financial 
     Services, and the Committee on Homeland Security of the House 
     of Representatives.
       (b) Sense of Congress.--It is the sense of Congress that 
     the leadership of the United States in semiconductor 
     technology and innovation is critical to the economic growth 
     and national security of the United States.
       (c) Subcommittee on Semiconductor Leadership.--
       (1) Establishment required.--The President shall establish 
     in the National Science and Technology Council a subcommittee 
     on matters relating to leadership of the United States in 
     semiconductor technology and innovation.
       (2) Duties.--The duties of the subcommittee established 
     under paragraph (1) are as follows:
       (A) National strategy on semiconductor research.--
       (i) Development.--In coordination with the Secretary of 
     Defense, the Secretary of Energy, the Secretary of State, the 
     Secretary of Commerce, the Secretary of Homeland Security, 
     the Director of the National Science Foundation, and the 
     Director of the National Institute of Standards and 
     Technology and in consultation with the semiconductor 
     industry and academia, develop a national strategy on 
     semiconductor research, development, manufacturing, and 
     supply chain security, including guidance for the funding of 
     research, and strengthening of the domestic microelectronics 
     workforce.
       (ii) Reporting and updates.--Not less frequently than once 
     every 5 years, to update the strategy developed under clause 
     (i) and to submit the revised strategy to the appropriate 
     committees of Congress.
       (iii) Implementation.--In coordination with the Secretary 
     of Defense, the Secretary of Energy, the Secretary of State, 
     the Secretary of Commerce, the Secretary of Homeland 
     Security, the Director of the National Science Foundation, 
     and the Director of the National Institute of Standards and 
     Technology, on an annual basis coordinate and recommend each 
     agency's semiconductor related research and development 
     programs and budgets to ensure consistency with the National 
     Semiconductor Strategy.
       (B) Fostering coordination of research and development.--To 
     foster the coordination of semiconductor research and 
     development.
       (3) Sunset.--The subcommittee established under paragraph 
     (1) shall terminate on the date that is 10 years after the 
     date of enactment of this Act.
       (d) Industrial Advisory Committee.--The President shall 
     establish a standing subcommittee of the President's Council 
     of Advisors on Science and Technology to advise the United 
     States Government on matters relating to microelectronics 
     policy.
       (e) National Semiconductor Technology Center.--

[[Page S3699]]

       (1) Establishment.--The Secretary of Commerce shall 
     establish a national semiconductor technology center to 
     conduct research and prototyping of advanced semiconductor 
     technology to strengthen the economic competitiveness and 
     security of the domestic supply chain, which will be operated 
     as a public private-sector consortium with participation from 
     the private sector, the Department of Defense, the Department 
     of Energy, the Department of Homeland Security, the National 
     Science Foundation, and the National Institute of Standards 
     and Technology
       (2) Functions.--The functions of the center established 
     under paragraph (1) shall be as follows:
       (A) To conduct advanced semiconductor manufacturing, design 
     research and prototyping that strengthens the entire domestic 
     ecosystem and is aligned with the National Strategy on 
     Semiconductor Research.
       (B) To establish a National Advanced Packaging 
     Manufacturing Program led by the National Institute of 
     Standards and Technology, in coordination with the Center, to 
     strengthen semiconductor advanced test, assembly, and 
     packaging capability in the domestic ecosystem, and which 
     shall coordinate with the Manufacturing USA institute 
     established under paragraph (4).
       (C) To establish an investment fund, in partnership with 
     the private sector, to support startups in the domestic 
     semiconductor ecosystem.
       (D) To establish a Semiconductor Manufacturing Program 
     through the Director of the National Institute of Standards 
     and Technology to enable advances and breakthroughs in 
     measurement science, standards, material characterization, 
     instrumentation, testing, and manufacturing capabilities that 
     will accelerate the underlying research and development for 
     metrology of next generation semiconductors and ensure the 
     competitiveness and leadership of the United States within 
     this sector.
       (E) To work with the Secretary of Labor, the private 
     sector, educational institutions, and workforce training 
     entities to develop workforce training programs and 
     apprenticeships in advanced microelectronic packaging 
     capabilities.
       (3) Components.--The fund established under paragraph 
     (2)(C) shall cover the following:
       (A) Advanced metrology and characterization for 
     manufacturing of microchips using 3 nanometer transistor 
     processes or more advanced processes.
       (B) Metrology for security and supply chain verification.
       (4) Creation of a manufacturing usa institute.--The fund 
     established under paragraph (2)(C) may also cover the 
     creation of a Manufacturing USA institute described in 
     section 34(d) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278s(d)) that is focused on 
     semiconductor manufacturing. Such institute may emphasize the 
     following:
       (A) Research to support the virtualization and automation 
     of maintenance of semiconductor machinery.
       (B) Development of new advanced test, assembly and 
     packaging capabilities.
       (C) Developing and deploying educational and skills 
     training curricula needed to support the industry sector and 
     ensure the U.S. can build and maintain a trusted and 
     predictable talent pipeline.
       (f) Domestic Production Requirements.--The head of any 
     executive agency receiving funding under this section shall 
     develop policies to require domestic production, to the 
     extent possible, for any intellectual property resulting from 
     microelectronics research and development conducted as a 
     result of these funds and domestic control requirements to 
     protect any such intellectual property from foreign 
     adversaries.

     SEC. 1096. PROHIBITION RELATING TO FOREIGN ADVERSARIES.

       None of the funds appropriated pursuant to an authorization 
     in this subtitle may be provided to an entity--
       (1) under the foreign ownership, control, or influence of 
     the Government of the People's Republic of China or the 
     Chinese Communist Party, or other foreign adversary (as 
     defined in section 1091(a)(4)); or
       (2) determined to have beneficial ownership from foreign 
     individuals subject to the jurisdiction, direction, or 
     influence of foreign adversaries (as so defined).
                                 ______
                                 
  SA 2245. Mr. CORNYN (for himself, Mr. Cotton, Mr. Schumer, Mr. 
Warner, Ms. Collins, Mr. Tillis, Mrs. Blackburn, Mr. Hawley, Mr. 
Daines, Mrs. Gillibrand, Mr. King, Mr. Jones, Ms. Sinema, and Mr. 
Rubio) 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 X, add the following:

           Subtitle H--Semiconductor Manufacturing Incentives

     SEC. 1091. SEMICONDUCTOR INCENTIVE GRANTS.

       (a) Definitions.--In this section--
       (1) the term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on Appropriations, the Committee on Banking, 
     Housing, and Urban Affairs, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on Homeland Security of the House of 
     Representatives;
       (2) the term ``covered entity'' means a private entity, a 
     consortium of private entities, or a consortium of public and 
     private entities with a demonstrated ability to construct, 
     expand, or modernize a facility relating to the fabrication, 
     assembly, testing, advanced packaging, or advanced research 
     and development of semiconductors;
       (3) the term ``covered incentive''--
       (A) means an incentive offered by a governmental entity to 
     a covered entity for the purposes of constructing within the 
     jurisdiction of the governmental entity, or expanding or 
     modernizing an existing facility within that jurisdiction, a 
     facility described in paragraph (2); and
       (B) includes any tax incentive (such as an incentive or 
     reduction with respect to employment or payroll taxes or a 
     tax abatement with respect to personal or real property), a 
     workforce-related incentive (including a grant agreement 
     relating to workforce training or vocational education), any 
     concession with respect to real property, funding for 
     research and development with respect to semiconductors, and 
     any other incentive determined appropriate by the Secretary, 
     in consultation with the Secretary of State;
       (4) the term ``foreign adversary'' means any foreign 
     government or foreign nongovernment person that is engaged in 
     a long-term pattern, or is involved in a serious instance, of 
     conduct that is significantly adverse to--
       (A) the national security of the United States or an ally 
     of the United States; or
       (B) the security and safety of United States persons;
       (5) the term ``governmental entity'' means a State or local 
     government;
       (6) the term ``Secretary'' means the Secretary of Commerce; 
     and
       (7) the term ``semiconductor'' has the meaning given the 
     term by the Secretary.
       (b) Grant Program.--
       (1) In general.--The Secretary shall establish in the 
     Department of Commerce a program that, in accordance with the 
     requirements of this section, provides grants to covered 
     entities.
       (2) Procedure.--
       (A) In general.--A covered entity shall submit to the 
     Secretary an application that describes the project for which 
     the covered entity is seeking a grant under this section.
       (B) Eligibility.--In order for a covered entity to qualify 
     for a grant under this section, the covered entity shall 
     demonstrate to the Secretary, in the application submitted by 
     the covered entity under subparagraph (A), that--
       (i) the covered entity has a documented interest in 
     constructing, expanding, or modernizing a facility described 
     in subsection (a)(2); and
       (ii) with respect to the project described in clause (i), 
     the covered entity has--

       (I) been offered a covered incentive;
       (II) made commitments to worker and community investment, 
     including through--

       (aa) training and education benefits paid by the covered 
     entity; and
       (bb) programs to expand employment opportunity for 
     economically disadvantaged individuals; and

       (III) secured commitments from regional educational and 
     training entities and institutions of higher education to 
     provide workforce training, including programming for 
     training and job placement of economically disadvantaged 
     individuals.

       (C) Considerations for review.--With respect to the review 
     by the Secretary of an application submitted by a covered 
     entity under subparagraph (A)--
       (i) the Secretary may not approve the application unless 
     the Secretary--

       (I) confirms that the covered entity has satisfied the 
     eligibility criteria under subparagraph (B); and
       (II) determines that the project to which the application 
     relates is in the interest of the United States; and

       (ii) the Secretary may consider whether--

       (I) the covered entity has previously received a grant made 
     under this subsection; and
       (II) the governmental entity offering the applicable 
     covered incentive has benefitted from a grant previously made 
     under this subsection.

       (3) Amount.--The amount of a grant made by the Secretary to 
     a covered entity under this subsection shall be in an amount 
     that is not more than $3,000,000,000.
       (4) Use of funds.--A covered entity that receives a grant 
     under this subsection may only use the grant amounts to--
       (A) finance the construction, expansion, or modernization 
     of a facility described in subsection (a)(2), as documented 
     in the application submitted by the covered entity under 
     paragraph (2)(A), or for similar uses in state

[[Page S3700]]

     of practice and legacy facilities, as determined necessary by 
     the Secretary for purposes relating to the national security 
     and economic competitiveness of the United States;
       (B) support workforce development for the facility 
     described in subparagraph (A); or
       (C) support site development for the facility described in 
     subparagraph (A).
       (5) Clawback.--The Secretary shall recover the full amount 
     of a grant provided to a covered entity under this subsection 
     if--
       (A) as of the date that is 5 years after the date on which 
     the Secretary makes the grant, the project to which the grant 
     relates has not been completed, except that the Secretary may 
     issue a waiver with respect to the requirement under this 
     subparagraph if the Secretary determines that issuing such a 
     waiver is appropriate and in the interests of the United 
     States; or
       (B) during the applicable term with respect to the grant, 
     the covered entity engages in any joint research or 
     technology licensing effort--
       (i) with the Government of the People's Republic of China, 
     the Government of the Russian Federation, the Government of 
     Iran, the Government of North Korea, or another foreign 
     adversary; and
       (ii) that relates to a sensitive technology or product, as 
     determined by the Secretary.
       (c) Consultation and Coordination Required.--In carrying 
     out the program established under subsection (b), the 
     Secretary shall consult and coordinate with the Secretary of 
     State and the Secretary of Defense.
       (d) GAO Reviews.--The Comptroller General of the United 
     States shall--
       (1) not later than 2 years after the date of enactment of 
     this Act, and biennially thereafter until the date that is 10 
     years after that date of enactment, conduct a review of the 
     program established under subsection (b), which shall 
     include, at a minimum--
       (A) a determination of the number of instances in which 
     grants were provided under that subsection during the period 
     covered by the review in violation of a requirement of this 
     section;
       (B) an evaluation of how--
       (i) the program is being carried out, including how 
     recipients of grants are being selected under the program; 
     and
       (ii) other Federal programs are leveraged for 
     manufacturing, research, and training to complement the 
     grants awarded under the program; and
       (C) a description of the outcomes of projects supported by 
     grants made under the program, including a description of--
       (i) facilities described in subsection (a)(2) that were 
     constructed, expanded, or modernized as a result of grants 
     made under the program;
       (ii) research and development carried out with grants made 
     under the program; and
       (iii) workforce training programs carried out with grants 
     made under the program, including efforts to hire individuals 
     from disadvantaged populations; and
       (2) submit to the appropriate committees of Congress the 
     results of each review conducted under paragraph (1).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $15,000,000,000 for fiscal year 2021, which shall remain 
     available until September 30, 2031.

     SEC. 1092. DEPARTMENT OF DEFENSE.

       (a) Department of Defense Efforts.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Commerce, the Secretary of 
     Homeland Security, and the Director of National Intelligence, 
     work with the private sector through a public-private 
     partnership, including by incentivizing the formation of a 
     consortium of United States companies, to ensure the 
     development and production of advanced, measurably secure 
     microelectronics for use by the Department of Defense, the 
     intelligence community, critical infrastructure sectors, and 
     other national security applications. Such work may include 
     providing incentives for the creation, expansion, or 
     modernization of one or more commercially competitive and 
     sustainable microelectronics manufacturing or advanced 
     research and development facilities.
       (2) Risk mitigation requirements.--A participant in a 
     consortium formed with incentives under paragraph (1) shall--
       (A) have the potential to perform fabrication, assembly, 
     package, or test functions for microelectronics deemed 
     critical to national security as defined by export control 
     regulatory agencies in consultation with the National 
     Security Adviser and the Secretary of Defense;
       (B) include management processes to identify and mitigate 
     supply chain security risks; and
       (C) be able to produce microelectronics consistent with 
     applicable measurably secure supply chain and operational 
     security standards established under section 224(b) of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92).
       (3) National security considerations.--The Secretary of 
     Defense and the Director of National Intelligence shall 
     select participants for the consortium formed with incentives 
     under paragraph (1). In selecting such participants, the 
     Secretary and the Director may jointly consider whether the 
     United States companies--
       (A) have participated in previous programs and projects of 
     the Department of Defense, Department of Energy, or the 
     intelligence community, including--
       (i) the Trusted Integrated Circuit program of the 
     Intelligence Advanced Research Projects Activity;
       (ii) trusted and assured microelectronics projects, as 
     administered by the Department of Defense;
       (iii) the Electronics Resurgence Initiative (ERI) program 
     of the Defense Advanced Research Projects Agency; or
       (iv) relevant semiconductor research programs of Advanced 
     Research Projects Agency-Energy;
       (B) have demonstrated an ongoing commitment to performing 
     contracts for the Department of Defense and the intelligence 
     community;
       (C) are approved by the Defense Counterintelligence and 
     Security Agency or the Office of the Director of National 
     Intelligence as presenting an acceptable security risk, 
     taking into account supply chain assurance vulnerabilities, 
     counterintelligence risks, and any risks presented by 
     companies whose owners are located outside the United States; 
     and
       (D) are evaluated periodically for foreign ownership, 
     control, or influence by foreign adversaries.
       (4) Nontraditional defense contractors and commercial 
     entities.--Arrangements entered into to carry out paragraph 
     (1) shall be in such form as the Secretary of Defense 
     determines appropriate to encourage industry participation of 
     nontraditional defense contractors or commercial entities and 
     may include a contract, a grant, a cooperative agreement, a 
     commercial agreement, the use of other transaction authority 
     under section 2371 of title 10, United States Code, or 
     another such arrangement.
       (5) Discharge.--The Secretary of Defense shall carry out 
     paragraph (1) jointly through the Office of the Under 
     Secretary of Defense for Research and Engineering and the 
     Office of the Under Secretary of Defense for Acquisition and 
     Sustainment, or such other component of the Department of 
     Defense as the Secretary considers appropriate.
       (6) Other initiatives.--The Secretary of Defense shall 
     dedicate initiatives within the Department of Defense to 
     advance radio frequency, mixed signal, radiation tolerant, 
     and radiation hardened microelectronics that support national 
     security and dual-use applications.
       (7) Reports.--
       (A) Report by secretary of defense.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report on the plans of the 
     Secretary to carry out paragraph (1).
       (B) Biennial reports by comptroller general of the united 
     states.--Not later than 1 year after the date on which the 
     Secretary submits the report required by subparagraph (A) and 
     not less frequently than once every 2 years thereafter for a 
     period of 10 years, the Comptroller General of the United 
     States shall submit to Congress a report on the activities 
     carried out under this subsection.
       (b) Defense Production Act of 1950 Efforts.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on a plan for use by the Department of 
     Defense of authorities available in title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish 
     and enhance a domestic production capability for 
     microelectronics technologies and related technologies, 
     subject to the availability of appropriations for that 
     purpose.
       (2) Consultation.--The President shall develop the plan 
     required by paragraph (1) in coordination with the Secretary 
     of Defense, and in consultation with the Secretary of State, 
     the Secretary of Commerce, and appropriate stakeholders in 
     the private sector.

     SEC. 1093. DEPARTMENT OF COMMERCE STUDY ON STATUS OF 
                   MICROELECTRONICS TECHNOLOGIES IN THE UNITED 
                   STATES INDUSTRIAL BASE.

       (a) In General.--Commencing not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce and the Secretary of Homeland Security, in 
     consultation with the Secretary of Defense and the heads of 
     other appropriate Federal departments and agencies, shall 
     undertake a review, which shall include a survey, using 
     authorities in section 705 of the Defense Production Act (50 
     U.S.C. 4555), to assess the capabilities of the United States 
     industrial base to support the national defense in light of 
     the global nature of the supply chain and significant 
     interdependencies between the United States industrial base 
     and the industrial base of foreign countries with respect to 
     the manufacture, design, and end use of microelectronics.
       (b) Response to Survey.--The Secretary shall ensure 
     compliance with the survey from among all relevant potential 
     respondents, including the following:
       (1) Corporations, partnerships, associations, or any other 
     organized groups domiciled and with substantial operations in 
     the United States.
       (2) Corporations, partnerships, associations, or any other 
     organized groups domiciled in the United States with 
     operations outside the United States.
       (3) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups with substantial 
     operations or business presence in, or substantial revenues 
     derived from, the United States.
       (4) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups in defense treaty 
     or assistance

[[Page S3701]]

     countries where the production of the entity concerned 
     involves critical technologies covered by section 2.
       (c) Information Requested.--The information sought from a 
     responding entity pursuant to the survey required by 
     subsection (a) shall include, at minimum, information on the 
     following with respect to the manufacture. design, or end use 
     of microelectronics by such entity:
       (1) An identification of the geographic scope of 
     operations.
       (2) Information on relevant cost structures.
       (3) An identification of types of microelectronics 
     development, manufacture, assembly, test, and packaging 
     equipment in operation at such entity.
       (4) An identification of all relevant intellectual 
     property, raw materials, and semi-finished goods and 
     components sourced domestically and abroad by such entity.
       (5) Specifications of the microelectronics manufactured or 
     designed by such entity, descriptions of the end-uses of such 
     microelectronics, and a description of any technical support 
     provided to end-users of such microelectronics by such 
     entity.
       (6) Information on domestic and export market sales by such 
     entity.
       (7) Information on the financial performance, including 
     income and expenditures, of such entity.
       (8) A list of all foreign and domestic subsidies, and any 
     other financial incentives, received by such entity in each 
     market in which such entity operates.
       (9) A list of information requests from the People's 
     Republic of China to such entity, and a description of the 
     nature of each request and the type of information provided.
       (10) Information on any joint ventures, technology 
     licensing agreements, and cooperative research or production 
     arrangements of such entity.
       (11) A description of efforts by such entity to evaluate 
     and control supply chain risks it faces.
       (12) A list and description of any sales, licensing 
     agreements, or partnerships between such entity and the 
     People's Liberation Army or People's Armed Police, including 
     any business relationships with entities through which such 
     sales, licensing agreements, or partnerships may occur.
       (d) Report.--
       (1) In general.--The Secretary of Commerce shall, in 
     consultation with the Secretary of Defense, the Secretary of 
     Homeland Security, and the heads of other appropriate Federal 
     departments and agencies, submit to Congress a report on the 
     results of the review required by subsection (a). The report 
     shall include the following:
       (A) An assessment of the results of the survey.
       (B) A list of critical technology areas impacted by 
     potential disruptions in production of microelectronics, and 
     a detailed description and assessment of the impact of such 
     potential disruptions on such areas.
       (C) A description and assessment of gaps and 
     vulnerabilities in the microelectronics supply chain and the 
     national industrial supply base.
       (2) Form.-- The report required by paragraph (1) may be 
     submitted in classified form.

     SEC. 1094. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY 
                   SECURE MICROELECTRONICS AND MEASURABLY SECURE 
                   MICROELECTRONICS SUPPLY CHAINS.

       (a) Multilateral Microelectronics Security Fund.--
       (1) Establishment of fund.--There is established in the 
     Treasury of the United States a trust fund, to be known as 
     the ``Multilateral Microelectronics Security Fund'' (in this 
     section referred to as the ``Fund''), consisting of amounts 
     deposited into the Fund under paragraph (2) and any amounts 
     that may be credited to the Fund under paragraph (3).
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $750,000,000 to be deposited in the Fund.
       (3) Investment of amounts.--
       (A) Investment of amounts.--The Secretary of the Treasury 
     shall invest such portion of the Fund as is not required to 
     meet current withdrawals in interest-bearing obligations of 
     the United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       (B) Interest and proceeds.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Fund shall be credited to and form a part of the Fund.
       (4) Use of fund.--
       (A) In general.--Subject to subparagraph (B), amounts in 
     the Fund shall be available, as provided in advance in an 
     appropriations Act, to the Secretary of State--
       (i) to provide funding through the common funding mechanism 
     described in subsection (b)(1) to support the development and 
     adoption of measurably secure microelectronics and measurably 
     secure microelectronics supply chains; and
       (ii) to otherwise carry out this section.
       (B) Availability contingent on international agreement.--
     Amounts in the Fund shall be available to the Secretary of 
     State on and after the date on which the Secretary enters 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism under paragraph (1) of subsection (b) and 
     the commitments described in paragraph (2) of that 
     subsection.
       (5) Availability of amounts.--
       (A) In general.--Amounts in the Fund shall remain available 
     through the end of the tenth fiscal year beginning after the 
     date of the enactment of this Act.
       (B) Remainder to treasury.--Any amounts remaining in the 
     Fund after the end of the fiscal year described in 
     subparagraph (A) shall be deposited in the general fund of 
     the Treasury.
       (b) Common Funding Mechanism for Development and Adoption 
     of Measurably Secure Microelectronics and Measurably Secure 
     Microelectronics Supply Chains.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of the 
     Treasury, and the Director of National Intelligence, shall 
     seek to establish a common funding mechanism, in coordination 
     with the governments of countries that are partners of the 
     United States, that uses amounts from the Fund, and amounts 
     committed by such governments, to support the development and 
     adoption of secure microelectronics and secure 
     microelectronics supply chains, including for use in research 
     and development collaborations among countries participating 
     in the common funding mechanism.
       (2) Mutual commitments.--The Secretary of State, in 
     consultation with the United States Trade Representative, the 
     Secretary of the Treasury, and the Secretary of Commerce, 
     shall seek to negotiate a set of mutual commitments with the 
     governments of countries that are partners of the United 
     States upon which to condition any expenditure of funds 
     pursuant to the common funding mechanism described in 
     paragraph (1). Such commitments shall, at a minimum--
       (A) establish transparency requirements for any subsidies 
     or other financial benefits (including revenue foregone) 
     provided to microelectronics firms located in or outside such 
     countries;
       (B) establish consistent policies with respect to countries 
     that--
       (i) are not participating in the common funding mechanism; 
     and
       (ii) do not meet transparency requirements established 
     under subparagraph (A);
       (C) promote harmonized treatment of microelectronics and 
     verification processes for items being exported to a country 
     considered a national security risk by a country 
     participating in the common funding mechanism;
       (D) establish consistent policies and common external 
     policies to address nonmarket economies as the behavior of 
     such countries pertains to microelectronics;
       (E) align policies on supply chain integrity and 
     microelectronics security, including with respect to 
     protection and enforcement of intellectual property rights; 
     and
       (F) promote harmonized foreign direct investment screening 
     measures with respect to microelectronics to align with 
     national and multilateral security priorities.
       (c) Annual Report to Congress.--Not later than one year 
     after the date of the enactment of this Act, and annually 
     thereafter for each fiscal year during which amounts in the 
     Fund are available under subsection (a)(5), the Secretary of 
     State shall submit to Congress a report on the status of the 
     implementation of this section that includes a description 
     of--
       (1) any commitments made by the governments of countries 
     that are partners of the United States to providing funding 
     for the common funding mechanism described in subsection 
     (b)(1) and the specific amount so committed;
       (2) the criteria established for expenditure of funds 
     through the common funding mechanism;
       (3) how, and to whom, amounts have been expended from the 
     Fund;
       (4) amounts remaining in the Fund;
       (5) the progress of the Secretary of State toward entering 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism and the commitments described in subsection 
     (b)(2); and
       (6) any additional authorities needed to enhance the 
     effectiveness of the Fund in achieving the security goals of 
     the United States.

     SEC. 1095. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.

       (a) Appropriate Committees of Congress.-- In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on Energy and Natural Resources, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, the Committee on Financial 
     Services, and the Committee on Homeland Security of the House 
     of Representatives.
       (b) Sense of Congress.--It is the sense of Congress that 
     the leadership of the United States in semiconductor 
     technology and innovation is critical to the economic growth 
     and national security of the United States.
       (c) Subcommittee on Semiconductor Leadership.--

[[Page S3702]]

       (1) Establishment required.--The President shall establish 
     in the National Science and Technology Council a subcommittee 
     on matters relating to leadership of the United States in 
     semiconductor technology and innovation.
       (2) Duties.--The duties of the subcommittee established 
     under paragraph (1) are as follows:
       (A) National strategy on semiconductor research.--
       (i) Development.--In coordination with the Secretary of 
     Defense, the Secretary of Energy, the Secretary of State, the 
     Secretary of Commerce, the Secretary of Homeland Security, 
     the Director of the National Science Foundation, and the 
     Director of the National Institute of Standards and 
     Technology and in consultation with the semiconductor 
     industry and academia, develop a national strategy on 
     semiconductor research, development, manufacturing, and 
     supply chain security, including guidance for the funding of 
     research, and strengthening of the domestic microelectronics 
     workforce.
       (ii) Reporting and updates.--Not less frequently than once 
     every 5 years, to update the strategy developed under clause 
     (i) and to submit the revised strategy to the appropriate 
     committees of Congress.
       (iii) Implementation.--In coordination with the Secretary 
     of Defense, the Secretary of Energy, the Secretary of State, 
     the Secretary of Commerce, the Secretary of Homeland 
     Security, the Director of the National Science Foundation, 
     and the Director of the National Institute of Standards and 
     Technology, on an annual basis coordinate and recommend each 
     agency's semiconductor related research and development 
     programs and budgets to ensure consistency with the National 
     Semiconductor Strategy.
       (B) Fostering coordination of research and development.--To 
     foster the coordination of semiconductor research and 
     development.
       (3) Sunset.--The subcommittee established under paragraph 
     (1) shall terminate on the date that is 10 years after the 
     date of enactment of this Act.
       (d) Industrial Advisory Committee.--The President shall 
     establish a standing subcommittee of the President's Council 
     of Advisors on Science and Technology to advise the United 
     States Government on matters relating to microelectronics 
     policy.
       (e) National Semiconductor Technology Center.--
       (1) Establishment.--The Secretary of Commerce shall 
     establish a national semiconductor technology center to 
     conduct research and prototyping of advanced semiconductor 
     technology to strengthen the economic competitiveness and 
     security of the domestic supply chain, which will be operated 
     as a public private-sector consortium with participation from 
     the private sector, the Department of Defense, the Department 
     of Energy, the Department of Homeland Security, the National 
     Science Foundation, and the National Institute of Standards 
     and Technology
       (2) Functions.--The functions of the center established 
     under paragraph (1) shall be as follows:
       (A) To conduct advanced semiconductor manufacturing, design 
     research and prototyping that strengthens the entire domestic 
     ecosystem and is aligned with the National Strategy on 
     Semiconductor Research.
       (B) To establish a National Advanced Packaging 
     Manufacturing Program led by the National Institute of 
     Standards and Technology, in coordination with the Center, to 
     strengthen semiconductor advanced test, assembly, and 
     packaging capability in the domestic ecosystem, and which 
     shall coordinate with the Manufacturing USA institute 
     established under paragraph (4).
       (C) To establish an investment fund, in partnership with 
     the private sector, to support startups in the domestic 
     semiconductor ecosystem.
       (D) To establish a Semiconductor Manufacturing Program 
     through the Director of the National Institute of Standards 
     and Technology to enable advances and breakthroughs in 
     measurement science, standards, material characterization, 
     instrumentation, testing, and manufacturing capabilities that 
     will accelerate the underlying research and development for 
     metrology of next generation semiconductors and ensure the 
     competitiveness and leadership of the United States within 
     this sector.
       (E) To work with the Secretary of Labor, the private 
     sector, educational institutions, and workforce training 
     entities to develop workforce training programs and 
     apprenticeships in advanced microelectronic packaging 
     capabilities.
       (3) Components.--The fund established under paragraph 
     (2)(C) shall cover the following:
       (A) Advanced metrology and characterization for 
     manufacturing of microchips using 3 nanometer transistor 
     processes or more advanced processes.
       (B) Metrology for security and supply chain verification.
       (4) Creation of a manufacturing usa institute.--The fund 
     established under paragraph (2)(C) may also cover the 
     creation of a Manufacturing USA institute described in 
     section 34(d) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278s(d)) that is focused on 
     semiconductor manufacturing. Such institute may emphasize the 
     following:
       (A) Research to support the virtualization and automation 
     of maintenance of semiconductor machinery.
       (B) Development of new advanced test, assembly and 
     packaging capabilities.
       (C) Developing and deploying educational and skills 
     training curricula needed to support the industry sector and 
     ensure the U.S. can build and maintain a trusted and 
     predictable talent pipeline.
       (f) Authorizations of Appropriations.--
       (1) National semiconductor technology center.--There is 
     authorized to be appropriated to carry out subsection (d), 
     $9,050,000,000 for fiscal year 2021, with such amount to 
     remain available for such purpose through fiscal year 2030--
       (A) of which, $3,000,000,000 shall be available to carry 
     out subsection (e)(2)(A);
       (B) of which, $5,000,000,000 shall be available to carry 
     out subsection (e)(2)(B)
       (C) of which, $500,000,000 shall be available to carry out 
     subsection (e)(2)(C)
       (D) of which, $500,000,000 shall be available to carry out 
     subsection (e)(2)(D)--
       (i) of which, $20,000,000 shall be available for each of 
     fiscal years 2021 through 2025 to carry out subsection 
     (e)(3)(A);
       (ii) of which, $20,000,000 shall be available for each of 
     fiscal years 2021 through 2025 to carry out subsection 
     (e)(3)(B); and
       (iii) of which, $50,000,000 shall be available for each of 
     fiscal years 2021 through 2025 to carry out subsection 
     (e)(4); and
       (E) of which, $50,000,000 shall be available to carry out 
     subsection (e)(2)(E).
       (2) Semiconductor research at national science 
     foundation.--There is authorized to be appropriated to carry 
     out programs at the National Science Foundation on 
     semiconductor research in alignment with the National 
     Strategy on Semiconductor Research, $1,500,000,000 for fiscal 
     year 2021, with such amount to remain available for such 
     purpose through fiscal year 2025.
       (3) Semiconductor research at department of energy.--There 
     is authorized to be appropriated to carry out programs at the 
     Department of Energy, including the National Laboratories, on 
     semiconductor research, in alignment with the National 
     Strategy on Semiconductor Research, $2,000,000,000 for fiscal 
     year 2021, with such amount to remain available for such 
     purpose through fiscal year 2025.
       (4) Microelectronics research at the national institute of 
     standards and technology.--There is authorized to be 
     appropriated to carry out microelectronics research at the 
     National Institute of Standards and Technology $250,000,000 
     for fiscal year 2021, with such amount to remain available 
     for such purpose through fiscal year 2025.
       (5) Supplement not supplant.--The amounts authorized to be 
     appropriated under paragraphs (1) through (5) shall 
     supplement and not supplant amounts already appropriated to 
     carry out the purposes described in such paragraphs.
       (g) Domestic Production Requirements.--The head of any 
     executive agency receiving funding under this section shall 
     develop policies to require domestic production, to the 
     extent possible, for any intellectual property resulting from 
     microelectronics research and development conducted as a 
     result of these funds and domestic control requirements to 
     protect any such intellectual property from foreign 
     adversaries.

     SEC. 1096. PROHIBITION RELATING TO FOREIGN ADVERSARIES.

       None of the funds appropriated pursuant to an authorization 
     in this subtitle may be provided to an entity--
       (1) under the foreign ownership, control, or influence of 
     the Government of the People's Republic of China or the 
     Chinese Communist Party, or other foreign adversary (as 
     defined in section 1091(a)(4)); or
       (2) determined to have beneficial ownership from foreign 
     individuals subject to the jurisdiction, direction, or 
     influence of foreign adversaries (as so defined).
                                 ______
                                 
  SA 2246. Mr. INHOFE 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 883(a), strike ``October 1'' and insert 
     ``September 30''.
                                 ______
                                 
  SA 2247. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1287. SENSE OF SENATE ON DEFENSE SPENDING AND GLOBAL 
                   SECURITY CHALLENGES.

       It is the sense of the Senate that--
       (1) as recommended by the bipartisan National Defense 
     Strategy Commission report issued in November 2018, 
     ``Congress should increase the size of the base defense 
     budget significantly through the Future Years Defense Program 
     and perhaps beyond.'';

[[Page S3703]]

       (2) as recommended by former Secretary of Defense Jim 
     Mattis and former Chairman of the Joint Chiefs of Staff 
     General Joseph Dunford, as well as the bipartisan National 
     Defense Strategy Commission report issued in November 2018, 
     real growth of at least three to five percent annual growth 
     in the budget for the Department of Defense is required to 
     achieve the objectives of the National Defense Strategy;
       (3) the need for three to five percent real growth in the 
     budget for the Department preceded the COVID-19 pandemic, 
     which has already imposed significant costs on the 
     Department, and is likely to do so in the future given the 
     effects on the defense industrial base and the Department's 
     role in supporting the whole-of-government response to COVID-
     19;
       (4) increasingly aggressive behavior by the People's 
     Republic of China during the COVID-19 pandemic, including 
     coercive and violent actions against allies and partners of 
     the United States, is indicative of intensifying strategic 
     competition requiring robust and sustained investment in the 
     United States Armed Forces; and
       (5) Congress should support sufficient, timely, and 
     sustained defense investment in order to--
       (A) achieve the objectives of the National Defense 
     Strategy; and
       (B) confront a complex array of global security challenges, 
     including those which have intensified in the aftermath of 
     the COVID-19 pandemic.
                                 ______
                                 
  SA 2248. Mr. INHOFE (for himself and Mr. Reed) 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:

       After section 931, insert the following:

     SEC. 931A. OFFICE OF THE CHIEF OF SPACE OPERATIONS.

       (a) In General.--Chapter 908 of title 10, United States 
     Code, as amended by section 931(e) of this Act, is further 
     amended--
       (1) by redesignating section 9083 as section 9085; and
       (2) by inserting after section 9082 the following new 
     sections:

     ``Sec. 9083. Office of the Chief of Space Operations: 
       function; composition

       ``(a) Function.--There is in the executive part of the 
     Department of the Air Force an Office of the Chief of Space 
     Operations to assist the Secretary of the Air Force in 
     carrying out the responsibilities of the Secretary.
       ``(b) Composition.--The Office of the Chief of Space 
     Operations is composed of the following:
       ``(1) The Chief of Space Operations.
       ``(2) Such other offices and officials as may be 
     established by law or as the Secretary of the Air Force may 
     establish or designate.
       ``(3) Other members of the Space Force and Air Force 
     assigned or detailed to the Office of the Chief of Space 
     Operations.
       ``(4) Civilian employees in the Department of the Air Force 
     assigned or detailed to the Office of the Chief of Space 
     Operations.
       ``(c) Organization.--Except as otherwise specifically 
     prescribed by law, the Office of the Chief of Space 
     Operations shall be organized in such manner, and the members 
     of the Office of the Chief of Space Operations shall perform 
     such duties and have such titles, as the Secretary of the Air 
     Force may prescribe.

     ``Sec. 9084. Office of the Chief of Space Operations: general 
       duties

       ``(a) Professional Assistance.--The Office of the Chief of 
     Space Operations shall furnish professional assistance to the 
     Secretary of the Air Force, the Chief of Space Operations, 
     and other personnel of the Office of the Secretary of the Air 
     Force or the Office of the Chief of Space Operations.
       ``(b) Authorities.--Under the authority, direction, and 
     control of the Secretary of the Air Force, the Office of the 
     Chief of Space Operations shall--
       ``(1) subject to subsections (c) and (d) of section 9014 of 
     this title, prepare for such employment of the Space Force, 
     and for such recruiting, organizing, supplying, equipping 
     (including research and development), training, servicing, 
     mobilizing, demobilizing, administering, and maintaining of 
     the Space Force, as will assist in the execution of any 
     power, duty, or function of the Secretary of the Air Force or 
     the Chief of Space Operations;
       ``(2) investigate and report upon the efficiency of the 
     Space Force and its preparation to support military 
     operations by commanders of the combatant commands;
       ``(3) prepare detailed instructions for the execution of 
     approved plans and supervise the execution of those plans and 
     instructions;
       ``(4) as directed by the Secretary of the Air Force or the 
     Chief of Space Operations, coordinate the action of 
     organizations of the Space Force; and
       ``(5) perform such other duties, not otherwise assigned by 
     law, as may be prescribed by the Secretary of the Air 
     Force.''.
       (b) Table of Sections.--The table of sections at the 
     beginning of chapter 908 of such title, as amended by section 
     931(f) of this Act, is further amended by striking the item 
     related to section 9083 and inserting the following the 
     following new items:

``9083. Office of the Chief of Space Operations: function; composition.
``9084. Office of the Chief of Space Operations: general duties.
``9085. Regular Space Force: composition.''.

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

     SEC. 944. CLARIFICATION OF PROCUREMENT OF COMMERCIAL 
                   SATELLITE COMMUNICATIONS SERVICES.

       (a) In General.--Chapter 963 of title 10, United States 
     Code, is amended by inserting before section 9532 the 
     following new section:

     ``Sec. 9531. Procurement of commercial satellite 
       communications services

       ``The Secretary of the Air Force shall be responsible for 
     the procurement of commercial satellite communications 
     services for the Department of Defense.''.
       (b) Table of Sections.--The table of sections at the 
     beginning of chapter 963 of such title is amended by 
     inserting before the item relating to section 9532 the 
     following new item:

``9531. Procurement of commercial satellite communications services.''.

     SEC. 945. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE 
                   OF MEMBERS IN PAY GRADES E-8 AND E-9.

       Section 517 of title 10, United States Code, shall not 
     apply to the Space Force until October 1, 2023.

     SEC. 946. APPLICATION OF ACQUISITION DEMONSTRATION PROJECT TO 
                   DEPARTMENT OF THE AIR FORCE EMPLOYEES ASSIGNED 
                   TO ACQUISITION POSITIONS WITHIN THE SPACE 
                   FORCE.

       (a) In General.--Chapter 81 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1599i. Application of acquisition demonstration 
       project to Department of the Air Force employees assigned 
       to acquisition positions within the Space Force

       ``For purposes of the demonstration project authorized by 
     section 1762 of this title, the Secretary of Defense may 
     apply the provisions of such section, including any 
     regulations, procedures, waivers, or guidance implementing 
     such section, to employees of the Department of the Air Force 
     assigned to acquisition positions within the Space Force.''.
       (b) Table of Sections.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1599i. Application of acquisition demonstration project to Department 
              of the Air Force employees assigned to acquisition 
              positions within the Space Force.''.

     SEC. 947. AIR AND SPACE FORCE MEDAL.

       (a) Supersedure of Airman's Medal With Air and Space Force 
     Medal.--
       (1) In general.--Section 9280 of title 10, United States 
     Code, is amended--
       (A) by striking ``Airman's Medal'' each place it appears 
     and inserting ``Air and Space Force Medal''; and
       (B) in subsection (a)(1), by inserting ``or the Space 
     Force'' after ``the Air Force''.
       (2) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 9280. Air and Space Force Medal: award; limitations''.

       (3) Table of sections.--The table of sections at the 
     beginning of chapter 937 of such title is amended by striking 
     the item relating to section 9280 and inserting the following 
     new item:

``9280. Air and Space Force Medal: award; limitations.''.
       (b) Differentiation in Design.--The President shall ensure 
     that the design of the Air and Space Force Medal and 
     accompanying ribbon (and any related bar or device) awarded 
     under section 9280 of title 10, United States Code (as 
     amended by subsection (a)), differs in an appropriate manner 
     from the design of the Airman's Medal and accompanying 
     ribbon, bar, or device awarded under section 9280 of title 
     10, United States Code, as such section was in effect on the 
     date before the date of the enactment of this Act.
                                 ______
                                 
  SA 2249. Mr. WARNER (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1287. BRIEFING ON UNITED STATES-INDIA JOINT DEFENSE AND 
                   RELATED INDUSTRIAL AND TECHNOLOGY RESEARCH AND 
                   DEVELOPMENT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     provide to the Committee on Armed Services and the Committee 
     on Foreign Relations of the Senate a briefing on joint 
     defense and related industrial and technology research and 
     development and personnel exchange opportunities between the 
     United States and India.
       (b) Matters to Be Included.--The briefing under subsection 
     (a) shall include the following:

[[Page S3704]]

       (1) A status update on the Defense Technology and Trade 
     Initiative and its efforts to increase private sector 
     industrial cooperation.
       (2) An assessment of whether additional funds are necessary 
     for the Defense Technology and Trade Initiative for seed 
     funding and personnel exchanges.
       (3) An assessment of whether the Israel-U.S. Binational 
     Industrial Research and Development Foundation and Fund 
     provides a model for United States and India private sector 
     collaboration on defense and critical technologies.
       (4) A status update on the collaboration between the 
     Department of Defense Innovation Unit and the Innovations for 
     Defence Excellence program of the Ministry of Defence of 
     India to enhance the capacity of the Department of Defense 
     and Ministry of Defence of India to identify and source 
     solutions to military requirements by accessing cutting-edge 
     commercial technology through nontraditional processes.
                                 ______
                                 
  SA 2250. Mr. SCHUMER (for Mr. Merkley) submitted an amendment 
intended to be proposed by Mr. Schumer 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 NON-PERMISSIVE, GLOBAL POSITIONING SYSTEM 
                   DENIED AIRFIELD CAPABILITIES.

       (a) In General.--Not later than February 1, 2021, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report assessing the ability of each 
     combatant command to conduct all-weather, day-night 
     operations at airfields of the Department of Defense in a 
     non-permissive, global positioning system denied environment.
       (b) Elements.--The report required under subsection (a) 
     shall include, at a minimum, the following:
       (1) An assessment of current air traffic control and 
     landing systems at existing airfields and contingency 
     airfields of the Department.
       (2) An assessment of the ability of each combatant command 
     to conduct all-weather, day-night airfield flight operations 
     in a non-permissive, global positioning system denied 
     environment at existing and contingency airfields of the 
     Department, including aircraft tracking and precision 
     landing.
       (3) An assessment of the ability of each combatant command 
     to rapidly set up and conduct operations at alternate 
     airfields of the Department, including the ability to receive 
     and deploy forces in a non-permissive, global positioning 
     system denied environment.
       (4) A list of backup systems in place or pre-positioned to 
     be able to reconstitute operations after an attack.
                                 ______
                                 
  SA 2251. Mr. SCHUMER (for Mr. Merkley (for himself, Mr. Cornyn, Mr. 
Cardin, Mr. Gardner, Mr. Leahy, Mr. Wicker, and Mr. Scott of Florida)) 
submitted an amendment intended to be proposed by Mr. Schumer 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. EXTENSION OF PROHIBITION ON COMMERCIAL EXPORT OF 
                   CERTAIN MUNITIONS TO THE HONG KONG POLICE 
                   FORCE.

       Section 3 of the Act entitled ``An Act to prohibit the 
     commercial export of covered munitions items to the Hong Kong 
     Police Force'', approved November 27, 2019 (Public Law 116-
     77; 133 Stat. 1174), is amended by striking ``one year after 
     the date of the enactment of this Act'' and inserting ``on 
     November 27, 2021''.
                                 ______
                                 
  SA 2252. Mr. SCHATZ (for himself, Ms. Murkowski, Ms. Harris, and Mr. 
Paul) submitted an amendment intended to be proposed by him to the bill 
S. 4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REFORM AND OVERSIGHT OF DEPARTMENT OF DEFENSE 
                   TRANSFER OF PERSONAL PROPERTY TO LAW 
                   ENFORCEMENT AGENCIES.

       (a) In General.--Section 2576a of title 10, United States 
     Code, is amended--
       (1) in subsection (a)(1), in the matter preceding 
     subparagraph (A), by striking ``subsection (b)'' and 
     inserting ``the provisions of this section'';
       (2) in subsection (b)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period and inserting 
     a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(7) the recipient, on an annual basis, certifies 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;
       ``(8) the recipient submits to the Department of Defense a 
     description of how the recipient expects to use the property;
       ``(9) with respect to a recipient that is not a Federal 
     agency, the recipient certifies to the Department of Defense 
     that the recipient notified the local community of the 
     request for property under this section by--
       ``(A) publishing a notice of such request on a publicly 
     accessible internet website;
       ``(B) posting such notice at several prominent locations in 
     the jurisdiction of the recipient; and
       ``(C) ensuring that such notices were available to the 
     local community for a period of not less than 30 days;
       ``(10) with respect to a recipient that is not a Federal 
     agency, the recipient submits to the Department of Defense a 
     description of the training courses or certifications 
     required for use of transferred property;
       ``(11) with respect to a recipient that is a local law 
     enforcement agency, the recipient has received the approval 
     of the city council or other local governing body to acquire 
     the property sought under this section; and
       ``(12) with respect to a recipient that is a State law 
     enforcement agency, the recipient has received the approval 
     of the appropriate state governing body to acquire the 
     property sought under this section.'';
       (3) by striking subsections (e) and (f); and
       (4) by adding at the end the following new subsections:
       ``(e) Annual Certification Accounting for Transferred 
     Property.--(1) For each fiscal year, the Secretary shall 
     submit to Congress certification in writing that each Federal 
     or State agency to which the Secretary has transferred 
     personal property under this section--
       ``(A) has provided to the Secretary documentation 
     accounting for all controlled property, including arms and 
     ammunition, that the Secretary has transferred to the agency, 
     including any item described in subsection (f)(1) so 
     transferred before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2021; and
       ``(B) with respect to a non-Federal agency, carried out 
     each of paragraphs (5) through (9) of subsection (b).
       ``(2) If the Secretary cannot provide a certification under 
     paragraph (1) for a Federal or State agency, the Secretary 
     may not transfer additional property to that agency under 
     this section.
       ``(f) Annual Report on Excess Property.--The Secretary 
     shall submit to Congress each year, before making any 
     personal property available for transfer under this section 
     in that year, report setting forth a description of the 
     property to be transferred, together with a certification 
     that the transfer of the property would not violate this 
     section or any other provision of law.
       ``(g) Limitations on Transfers.--(1) The Secretary may not 
     transfer to a Federal, Tribal, State, or local law 
     enforcement agency under this section the following:
       ``(A) Bayonets, grenade launchers, grenades (excluding stun 
     and flash-bang), explosives, and firearms of .50 caliber or 
     higher and ammunition of 0.5 caliber or higher.
       ``(B) Tracked combat vehicles.
       ``(C) Weaponized drones.
       ``(D) Asphyxiating gases, including those comprised of 
     lachrymatory agents, and analogous liquids, materials or 
     devices.
       ``(E) Items in the Federal Supply Class of banned items.
       ``(2) The limitations under this subsection shall also 
     apply with respect to the transfer of previously transferred 
     property of the Department of Defense from one Federal or 
     State agency to another such agency.
       ``(3) The Secretary shall require that equipment 
     transferred under this section shall be returned upon a 
     finding that the equipment has been used to conduct actions 
     against citizens of the United States that infringe upon the 
     rights of the citizens under the First Amendment to the 
     Constitution of the United States to assemble peaceably or to 
     petition the Government for redress of grievances.
       ``(4) The Secretary shall prohibit the transfer of 
     equipment to a Federal or State agency for a period of 5 
     years upon a finding that equipment transferred under this 
     section to the Federal or State agency has been used to 
     conduct actions against United States citizens that infringe 
     upon the rights of the citizens under the First Amendment to 
     the Constitution of the United States to assemble peaceably 
     or to petition the Government for redress of grievances.
       ``(5) The Secretary shall require, as a condition of any 
     transfer of property under this section, that--
       ``(A) if the Department of Justice opens an investigation 
     into a Federal or State agency for violation of civil 
     liberties, the Secretary shall pause all pending or future 
     transfers to such agency; and

[[Page S3705]]

       ``(B) property shall be returned upon a finding of 
     responsibility as a result of an investigation described in 
     subparagraph (A) or otherwise for a finding of responsibility 
     for widespread abuses of civil liberties.
       ``(h) 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, for the preceding fiscal year, 
     that--
       ``(1) each recipient agency that has received personal 
     property under this section has--
       ``(A) demonstrated full and complete 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 all 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 or an agent of the 
     Secretary has conducted an in-person inventory of the 
     property transferred to the agency and that all 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 all of such property 
     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 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.
       ``(i) Approval by Law Required for Transfer of Property Not 
     Previously Transferrable.--(1) In the event the Secretary 
     proposes to make available for transfer under this section 
     any personal 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.
       ``(j) Annual Certification Accounting for Transferred 
     Property.--(1) The Secretary shall submit to the appropriate 
     committees of Congress each year a certification in writing 
     that each recipient to which the Secretary has transferred 
     personal 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 (5) and (6) 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.
       ``(k) Quarterly Reports on Use of Controlled Equipment.--
     Not later than 30 days after the last day of a fiscal 
     quarter, the Secretary shall submit to Congress a report on 
     any uses of controlled property transferred under this 
     section during that fiscal quarter.
       ``(l) Reports to Congress.--Not later than 30 days after 
     the last day of a fiscal year, the Secretary shall submit to 
     Congress a report on the following for the preceding fiscal 
     year:
       ``(1) The percentage of equipment lost by recipients of 
     property transferred under this section, including specific 
     information about the type of property lost, the monetary 
     value of such property, and the recipient that lost the 
     property.
       ``(2) The transfer of any new (condition code A) property 
     transferred under this section, including specific 
     information about the type of property, the recipient of the 
     property, the monetary value of each item of the property, 
     and the total monetary value of all such property transferred 
     during the fiscal year.
       ``(m) Publicly Accessible Website on Transferred Controlled 
     Property.--(1) The Secretary shall create and maintain a 
     publicly available internet website that provides information 
     on the controlled property transferred under this section and 
     the recipients of such property.
       ``(2) The contents of the internet website required under 
     paragraph (1) shall include all publicly accessible 
     unclassified information pertaining to the request, transfer, 
     denial, and repossession of controlled property under this 
     section, including--
       ``(A) a current inventory of all controlled property 
     transferred to Federal and State agencies under this section, 
     listed by--
       ``(i) the name of the Federal agency, or the State, county, 
     and recipient agency;
       ``(ii) the item name, item type, and item model;
       ``(iii) the date on which such property was transferred; 
     and
       ``(iv) the current status of such item;
       ``(B) all pending requests for transfers of controlled 
     property under this section, including the information 
     submitted by the Federal and State agencies requesting such 
     transfers;
       ``(C) a list of each agency suspended or terminated from 
     further receipt of property under this section, including any 
     State, county, or local agency, and the reason for and 
     duration of such suspension or termination; and
       ``(D) all reports required to be submitted to the Secretary 
     under this section by Federal and State agencies that receive 
     controlled property under this section.
       ``(3) The Secretary shall update on a quarterly basis the 
     contents of the internet website required under paragraph 
     (1), on which the contents of the Internet website described 
     in paragraph (2) shall be made publicly available in a 
     searchable format
       ``(n) 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.''.
       (b) Effective Date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (c) Interagency Law Enforcement Equipment Working Group.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Defense shall 
     establish an interagency Law Enforcement Equipment Working 
     Group (referred to in this subsection as the ``Working 
     Group'') to support oversight and policy development 
     functions for controlled equipment programs.
       (2) Purpose.--The Working Group shall--
       (A) examine and evaluate the Controlled and Prohibited 
     Equipment Lists for possible additions or deletions;
       (B) track law enforcement agency controlled equipment 
     inventory;
       (C) ensure Government-wide criteria to evaluate requests 
     for controlled equipment;
       (D) ensure uniform standards for compliance reviews;
       (E) harmonize Federal programs to ensure the programs have 
     consistent and transparent policies with respect to the 
     acquisition of controlled equipment by law enforcement 
     agencies;
       (F) require after-action analysis reports for significant 
     incidents involving Federally provided or Federally funded 
     controlled equipment;
       (G) develop policies to ensure that law enforcement 
     agencies abide by any limitations or affirmative obligations 
     imposed on the acquisition of controlled equipment or receipt 
     of funds to purchase controlled equipment from the Federal 
     Government and the obligations resulting from receipt of 
     Federal financial assistance;
       (H) require State and local governing body to review and 
     authorize a law enforcement agency's request for or 
     acquisition of controlled equipment;
       (I) require that law enforcement agencies participating in 
     Federal controlled equipment programs receive necessary 
     training regarding appropriate use of controlled equipment 
     and the implementation of obligations resulting from receipt 
     of Federal financial assistance, including training on the 
     protection of civil rights and civil liberties;

[[Page S3706]]

       (J) provide uniform standards for suspending law 
     enforcement agencies from Federal controlled equipment 
     programs for specified violations of law, including civil 
     rights laws, and ensuring those standards are implemented 
     consistently across agencies; and
       (K) create a process to monitor the sale or transfer of 
     controlled equipment from the Federal Government or 
     controlled equipment purchased with funds from the Federal 
     Government by law enforcement agencies to third parties.
       (3) Composition.--
       (A) In general.--The Working Group shall be co-chaired by 
     the Secretary of Defense, the Attorney General, and the 
     Secretary of Homeland Security.
       (B) Membership.--The Working Group shall be comprised of--
       (i) representatives of interested parties, who are not 
     Federal employees, including appropriate State, local, and 
     Tribal officials, law enforcement organizations, civil rights 
     and civil liberties organizations, and academics; and
       (ii) the heads of such other agencies and offices as the 
     Co-Chairs may, from time to time, designate.
       (C) Designation.--A member of the Working Group described 
     in subparagraph (A) or in subparagraph (B)(ii) may designate 
     a senior-level official from the agency represented by the 
     member to perform the day-to-day Working Group functions of 
     the member, if the designated official is a full-time officer 
     or employee of the Federal Government.
       (D) Subgroups.--At the direction of the Co-Chairs, the 
     Working Group may establish subgroups consisting exclusively 
     of Working Group members or their designees under this 
     subsection, as appropriate.
       (E) Executive director.--
       (i) In general.--There shall be an Executive Director of 
     the Working Group, to be appointed by the Attorney General.
       (ii) Responsibilities.--The Executive Director appointed 
     under clause (i) shall determine the agenda of the Working 
     Group, convene regular meetings, and supervise the work of 
     the Working Group under the direction of the Co-Chairs.
       (iii) Funding.--

       (I) In general.--To the extent permitted by law and using 
     amounts already appropriated, the Secretary shall fund, and 
     provide administrative support for, the Working Group
       (II) Requirement.--Each agency shall bear its own expenses 
     for participating in the Working Group.

       (F) Coordination with the department of homeland 
     security.--In general, the Working Group shall coordinate 
     with the Homeland Security Advisory Council of the Department 
     of Homeland Security to identify areas of overlap or 
     potential national preparedness implications of further 
     changes to Federal controlled equipment programs.
       (4) Rule of construction.--Nothing in this subsection shall 
     be construed as creating any right or benefit, substantive or 
     procedural, enforceable at law or in equity by any party 
     against the United States, its departments, agencies, or 
     entities, its officers, employees, or agents, or any other 
     person.
                                 ______
                                 
  SA 2253. Ms. CANTWELL 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. ___. ESTABLISHMENT OF FEDERAL ADVISORY COMMITTEE ON THE 
                   DEVELOPMENT AND IMPLEMENTATION OF ARTIFICIAL 
                   INTELLIGENCE.

       (a) Establishment.--
       (1) In general.--The Secretary of Commerce shall establish 
     a Federal advisory committee to advise the Secretary on 
     matters relating to the development of artificial 
     intelligence.
       (2) Designation.--The Federal advisory committee 
     established under paragraph (1) shall be known as the 
     ``Federal Advisory Committee on the Development and 
     Implementation of Artificial Intelligence'' (in this section 
     referred to as the ``Advisory Committee'').
       (b) Purposes of the Advisory Committee.--
       (1) Advice.--The Advisory Committee shall provide advice to 
     the Secretary on matters relating to the development and use 
     of artificial general intelligence and narrow artificial 
     intelligence, including on the following as they relate to 
     artificial intelligence:
       (A) The competitiveness of the United States, including 
     matters relating to the promotion of public and private 
     sector investment and innovation into the development of 
     artificial intelligence.
       (B) Workforce, including matters relating to the potential 
     for using artificial intelligence for rapid retraining of 
     workers, due to the possible effect of technological 
     displacement and to increase the labor force participation of 
     traditionally underrepresented populations, including 
     minorities, low-income populations, and persons with 
     disabilities.
       (C) Education, including matters relating to science, 
     technology, engineering, and mathematics education to prepare 
     the United States workforce as the needs of employers change.
       (D) Ethics training and development for individuals, 
     including both private and government technologists, working 
     on and using artificial intelligence.
       (E) Matters relating to open sharing of data and the open 
     sharing of research on artificial intelligence.
       (F) International cooperation and competitiveness, 
     including matters relating to the competitive international 
     landscape for artificial intelligence-related industries.
       (G) Accountability and legal rights, including matters 
     relating to the responsibility for any violations of laws by 
     an artificial intelligence system and the compatibility of 
     international regulations.
       (H) Matters relating to machine learning bias through core 
     cultural and societal norms.
       (I) Matters relating to how artificial intelligence can 
     serve or enhance opportunities in rural communities.
       (J) Government efficiency, including matters relating to 
     how to promote cost saving and streamline operations.
       (K) Matters relating to individual civil rights, including 
     an assessment regarding how rights are or will be affected by 
     the use of artificial intelligence technology and whether 
     such uses should be subject to additional controls, 
     oversight, or limitations.
       (L) Matters relating to urbanization and the development of 
     smart cities.
       (2) Study.--The Advisory Committee shall study and assess 
     the following:
       (A) How the term ``artificial intelligence'' should be 
     defined for purposes of this section and how the relevant 
     scope of the Advisory Committee should be defined, including 
     how such definitions relate to artificial systems and both 
     narrow and general forms of artificial intelligence. In 
     carrying out this subparagraph, the Advisory Committee shall 
     consider the following:
       ``(1) The term `artificial intelligence' includes the 
     following:
       ``(A) Any artificial systems that perform tasks under 
     varying and unpredictable circumstances, without significant 
     human oversight, or that can learn from their experience and 
     improve their performance. Such systems may be developed in 
     computer software, physical hardware, or other contexts not 
     yet contemplated. They may solve tasks requiring human-like 
     perception, cognition, planning, learning, communication, or 
     physical action. In general, the more human-like the system 
     within the context of its tasks, the more it can be said to 
     use artificial intelligence.
       ``(B) Systems that think like humans, such as cognitive 
     architectures and neural networks.
       ``(C) Systems that act like humans, such as systems that 
     can pass the Turing test or other comparable test via natural 
     language processing, knowledge representation, automated 
     reasoning, and learning.
       ``(D) A set of techniques, including machine learning, that 
     seek to approximate some cognitive task.
       ``(E) Systems that act rationally, such as intelligent 
     software agents and embodied robots that achieve goals via 
     perception, planning, reasoning, learning, communicating, 
     decisionmaking, and acting.
       ``(2) The term `artificial general intelligence' means a 
     notional future artificial intelligence system that exhibits 
     apparently intelligent behavior at least as advanced as a 
     person across the range of cognitive, emotional, and social 
     behaviors.
       ``(3) The term `narrow artificial intelligence' means an 
     artificial intelligence system that addresses specific 
     application areas such as playing strategic games, language 
     translation, self-driving vehicles, and facial or other image 
     recognition.''.
       (B) How to create a climate for public and private sector 
     investment and innovation in artificial intelligence.
       (C) The possible benefits and effects that the development 
     of artificial intelligence may have on the economy, 
     workforce, and competitiveness of the United States.
       (D) Whether and how networked, automated, artificial 
     intelligence applications and robotic devices will displace 
     or create jobs and how any job-related gains relating to 
     artificial intelligence can be maximized.
       (E) How bias can be identified and eliminated in the 
     development of artificial intelligence and in the algorithms 
     that support them, including with respect to the following:
       (i) The selection and processing of data used to train 
     artificial intelligence.
       (ii) Diversity in the development of artificial 
     intelligence.
       (iii) The ways and places the systems are deployed and the 
     potential harmful outcomes.
       (F) Whether and how to incorporate ethical standards in the 
     development and implementation of artificial intelligence.
       (G) How the Federal Government can encourage technological 
     progress in implementation of artificial intelligence that 
     benefits the full spectrum of social and economic classes.
       (H) How the privacy rights of individuals are or will be 
     affected by technological innovation relating to artificial 
     intelligence.
       (I) Whether technological advancements in artificial 
     intelligence have or will outpace the legal and regulatory 
     regimes implemented to protect consumers.
       (J) How existing laws, including those concerning data 
     access and privacy, should be

[[Page S3707]]

     modernized to enable the potential of artificial 
     intelligence.
       (K) How the Federal Government utilizes artificial 
     intelligence to handle large or complex data sets.
       (L) How ongoing dialogues and consultations with multi-
     stakeholder groups can maximize the potential of artificial 
     intelligence and further development of artificial 
     intelligence technologies that can benefit everyone 
     inclusively.
       (M) How the development of artificial intelligence can 
     affect cost savings and streamline operations in various 
     areas of government operations, including health care, 
     cybersecurity, infrastructure, and disaster recovery.
       (N) Such other matters as the Advisory Committee considers 
     appropriate.
       (3) Reports and recommendations.--
       (A) Report by advisory committee.--Not later than 540 days 
     after the date of the enactment of this Act, the Advisory 
     Committee shall submit to the Secretary and to Congress a 
     report on the findings of the Advisory Committee and such 
     recommendations as the Advisory Committee may have for 
     administrative or legislative action relating to artificial 
     intelligence.
       (B) Recommendations of secretary.--Not later than 90 days 
     after receiving the report submitted under subparagraph (A), 
     the Secretary shall review the report and submit to Congress 
     such recommendations as the Secretary may have with respect 
     to the matters contained in the report submitted under 
     subparagraph (A).
       (c) Membership.--
       (1) Voting members.--
       (A) In general.--The Advisory Committee shall be composed 
     of 19 voting members who shall be appointed by the Secretary, 
     with advisement from the Chair and Ranking Member of the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Chair and Ranking Member of the Committee on 
     Energy and Commerce of the House of Representatives, for 
     purposes of the Advisory Committee from among individuals 
     with expertise in matters relating to workforce development, 
     ethics, privacy, artificial intelligence, or computer 
     science.
       (B) Representation.--In carrying out subparagraph (A), the 
     Secretary shall ensure that voting members are appointed as 
     follows:
       (i) Five members from the academic or research community.
       (ii) Six members from private industry, at least 1 of whom 
     shall be from a small business concern.
       (iii) Six members from civil society, at least 2 of whom 
     shall be from groups that advocate for civil liberties or 
     civil rights.
       (iv) Two members from labor organizations or groups, 
     including those that represent the unique interests of 
     traditionally underrepresented populations.
       (C) Geographical diversity.--In carrying out subparagraph 
     (A), the Secretary shall ensure that the voting members of 
     the Advisory Committee come from diverse geographical 
     locations within the United States.
       (2) Nonvoting members.--The Advisory Committee shall also 
     be composed of such nonvoting members as the Secretary 
     considers appropriate, except that the Secretary shall 
     appoint at least 1 such member from each of the following:
       (A) The Department of Education.
       (B) The Department of Justice.
       (C) The Department of Labor.
       (D) The Department of Transportation.
       (E) The Department of Homeland Security.
       (F) The Federal Trade Commission.
       (G) The National Institute of Standards and Technology.
       (H) The National Science Foundation.
       (I) The National Science and Technology Council.
       (J) The intelligence community (as defined in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003)).
       (K) The Privacy and Civil Liberties Oversight Board.
       (L) Such other nonvoting members as the voting members of 
     the Advisory Committee consider appropriate.
       (3) Chairperson.--The Secretary shall appoint a chairperson 
     for the Advisory Committee from among the members appointed 
     under paragraph (1).
       (d) Meetings.--The Advisory Committee shall meet--
       (1) in person no less frequently than twice each year; and
       (2) via telepresence no less frequently than once every 2 
     months.
       (e) Powers.--In order to carry out its duties under 
     subsection (b), the Advisory Committee may--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, and receive such evidence as the 
     Advisory Committee considers appropriate;
       (2) submit to Congress such recommendations as the Advisory 
     Committee considers appropriate;
       (3) submit to Federal agencies such recommendations as the 
     Advisory Committee considers appropriate;
       (4) issue reports, guidelines, and memoranda;
       (5) hold or host conferences and symposia;
       (6) enter into cooperative agreements with third-party 
     experts to obtain relevant advice or expertise, and oversee 
     staff;
       (7) establish subcommittees; and
       (8) establish rules of procedure.
       (f) Travel Expenses.--The members of the Advisory Committee 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Advisory 
     Committee.
       (g) Funding.--
       (1) In general.--Except as provided in paragraph (2), 
     amounts to carry out this section shall be derived from 
     amounts appropriated or otherwise made available to the 
     Secretary.
       (2) Donations.--
       (A) Authorization.--The Advisory Committee may solicit and 
     accept donations from private persons and non-Federal 
     entities to carry out this section.
       (B) Limitation.--Of the amounts expended by the Advisory 
     Committee in a fiscal year to carry out this section, not 
     more than half may be derived from amounts received under 
     subparagraph (A).
                                 ______
                                 
  SA 2254. Ms. CANTWELL 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. ___. ESTABLISHMENT OF FEDERAL ADVISORY COMMITTEE ON THE 
                   DEVELOPMENT AND IMPLEMENTATION OF ARTIFICIAL 
                   INTELLIGENCE.

       (a) Establishment.--
       (1) In general.--The Secretary of Commerce shall establish 
     a Federal advisory committee to advise the Secretary on 
     matters relating to the development of artificial 
     intelligence.
       (2) Designation.--The Federal advisory committee 
     established under paragraph (1) shall be known as the 
     ``Federal Advisory Committee on the Development and 
     Implementation of Artificial Intelligence'' (in this section 
     referred to as the ``Advisory Committee'').
       (b) Purposes of the Advisory Committee.--
       (1) Advice.--The Advisory Committee shall provide advice to 
     the Secretary on matters relating to the development and use 
     of artificial general intelligence and narrow artificial 
     intelligence, including on the following as they relate to 
     artificial intelligence:
       (A) The competitiveness of the United States, including 
     matters relating to the promotion of public and private 
     sector investment and innovation into the development of 
     artificial intelligence.
       (B) Workforce, including matters relating to the potential 
     for using artificial intelligence for rapid retraining of 
     workers, due to the possible effect of technological 
     displacement and to increase the labor force participation of 
     traditionally underrepresented populations, including 
     minorities, low-income populations, and persons with 
     disabilities.
       (C) Education, including matters relating to science, 
     technology, engineering, and mathematics education to prepare 
     the United States workforce as the needs of employers change.
       (D) Ethics training and development for individuals, 
     including both private and government technologists, working 
     on and using artificial intelligence.
       (E) Matters relating to open sharing of data and the open 
     sharing of research on artificial intelligence.
       (F) International cooperation and competitiveness, 
     including matters relating to the competitive international 
     landscape for artificial intelligence-related industries.
       (G) Accountability and legal rights, including matters 
     relating to the responsibility for any violations of laws by 
     an artificial intelligence system and the compatibility of 
     international regulations.
       (H) Matters relating to machine learning bias through core 
     cultural and societal norms.
       (I) Matters relating to how artificial intelligence can 
     serve or enhance opportunities in rural communities.
       (J) Government efficiency, including matters relating to 
     how to promote cost saving and streamline operations.
       (K) Matters relating to individual civil rights, including 
     an assessment regarding how rights are or will be affected by 
     the use of artificial intelligence technology and whether 
     such uses should be subject to additional controls, 
     oversight, or limitations.
       (L) Matters relating to urbanization and the development of 
     smart cities.
       (2) Study.--The Advisory Committee shall study and assess 
     the following:
       (A) How the term ``artificial intelligence'' should be 
     defined for purposes of this section and how the relevant 
     scope of the Advisory Committee should be defined, including 
     how such definitions relate to artificial systems and both 
     narrow and general forms of artificial intelligence. In 
     carrying out this subparagraph, the Advisory Committee shall 
     consider the following:
       ``(1) The term `artificial intelligence' includes the 
     following:
       ``(A) Any artificial systems that perform tasks under 
     varying and unpredictable circumstances, without significant 
     human oversight, or that can learn from their experience and 
     improve their performance. Such

[[Page S3708]]

     systems may be developed in computer software, physical 
     hardware, or other contexts not yet contemplated. They may 
     solve tasks requiring human-like perception, cognition, 
     planning, learning, communication, or physical action. In 
     general, the more human-like the system within the context of 
     its tasks, the more it can be said to use artificial 
     intelligence.
       ``(B) Systems that think like humans, such as cognitive 
     architectures and neural networks.
       ``(C) Systems that act like humans, such as systems that 
     can pass the Turing test or other comparable test via natural 
     language processing, knowledge representation, automated 
     reasoning, and learning.
       ``(D) A set of techniques, including machine learning, that 
     seek to approximate some cognitive task.
       ``(E) Systems that act rationally, such as intelligent 
     software agents and embodied robots that achieve goals via 
     perception, planning, reasoning, learning, communicating, 
     decisionmaking, and acting.
       ``(2) The term `artificial general intelligence' means a 
     notional future artificial intelligence system that exhibits 
     apparently intelligent behavior at least as advanced as a 
     person across the range of cognitive, emotional, and social 
     behaviors.
       ``(3) The term `narrow artificial intelligence' means an 
     artificial intelligence system that addresses specific 
     application areas such as playing strategic games, language 
     translation, self-driving vehicles, and facial or other image 
     recognition.''.
       (B) How to create a climate for public and private sector 
     investment and innovation in artificial intelligence.
       (C) The possible benefits and effects that the development 
     of artificial intelligence may have on the economy, 
     workforce, and competitiveness of the United States.
       (D) Whether and how networked, automated, artificial 
     intelligence applications and robotic devices will displace 
     or create jobs and how any job-related gains relating to 
     artificial intelligence can be maximized.
       (E) How bias can be identified and eliminated in the 
     development of artificial intelligence and in the algorithms 
     that support them, including with respect to the following:
       (i) The selection and processing of data used to train 
     artificial intelligence.
       (ii) Diversity in the development of artificial 
     intelligence.
       (iii) The ways and places the systems are deployed and the 
     potential harmful outcomes.
       (F) Whether and how to incorporate ethical standards in the 
     development and implementation of artificial intelligence.
       (G) How the Federal Government can encourage technological 
     progress in implementation of artificial intelligence that 
     benefits the full spectrum of social and economic classes.
       (H) How the privacy rights of individuals are or will be 
     affected by technological innovation relating to artificial 
     intelligence.
       (I) Whether technological advancements in artificial 
     intelligence have or will outpace the legal and regulatory 
     regimes implemented to protect consumers.
       (J) How existing laws, including those concerning data 
     access and privacy, should be modernized to enable the 
     potential of artificial intelligence.
       (K) How the Federal Government utilizes artificial 
     intelligence to handle large or complex data sets.
       (L) How ongoing dialogues and consultations with multi-
     stakeholder groups can maximize the potential of artificial 
     intelligence and further development of artificial 
     intelligence technologies that can benefit everyone 
     inclusively.
       (M) How the development of artificial intelligence can 
     affect cost savings and streamline operations in various 
     areas of government operations, including health care, 
     cybersecurity, infrastructure, and disaster recovery.
       (N) Such other matters as the Advisory Committee considers 
     appropriate.
       (3) Reports and recommendations.--
       (A) Report by advisory committee.--Not later than 540 days 
     after the date of the enactment of this Act, the Advisory 
     Committee shall submit to the Secretary and to Congress a 
     report on the findings of the Advisory Committee and such 
     recommendations as the Advisory Committee may have for 
     administrative or legislative action relating to artificial 
     intelligence.
       (B) Recommendations of secretary.--Not later than 90 days 
     after receiving the report submitted under subparagraph (A), 
     the Secretary shall review the report and submit to Congress 
     such recommendations as the Secretary may have with respect 
     to the matters contained in the report submitted under 
     subparagraph (A).
       (c) Membership.--
       (1) Voting members.--
       (A) In general.--The Advisory Committee shall be composed 
     of 19 voting members who shall be appointed by the Secretary, 
     with advisement from the Chair and Ranking Member of the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Chair and Ranking Member of the Committee on 
     Energy and Commerce of the House of Representatives, for 
     purposes of the Advisory Committee from among individuals 
     with expertise in matters relating to workforce development, 
     ethics, privacy, artificial intelligence, or computer 
     science.
       (B) Representation.--In carrying out subparagraph (A), the 
     Secretary shall ensure that voting members are appointed as 
     follows:
       (i) Five members from the academic or research community.
       (ii) Six members from private industry, at least 1 of whom 
     shall be from a small business concern.
       (iii) Six members from civil society, at least 2 of whom 
     shall be from groups that advocate for civil liberties or 
     civil rights.
       (iv) Two members from labor organizations or groups, 
     including those that represent the unique interests of 
     traditionally underrepresented populations.
       (C) Geographical diversity.--In carrying out subparagraph 
     (A), the Secretary shall ensure that the voting members of 
     the Advisory Committee come from diverse geographical 
     locations within the United States.
       (2) Nonvoting members.--The Advisory Committee shall also 
     be composed of such nonvoting members as the Secretary 
     considers appropriate, except that the Secretary shall 
     appoint at least 1 such member from each of the following:
       (A) The Department of Education.
       (B) The Department of Justice.
       (C) The Department of Labor.
       (D) The Department of Transportation.
       (E) The Department of Homeland Security.
       (F) The Federal Trade Commission.
       (G) The National Institute of Standards and Technology.
       (H) The National Science Foundation.
       (I) The National Science and Technology Council.
       (J) The intelligence community (as defined in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003)).
       (K) The Privacy and Civil Liberties Oversight Board.
       (L) Such other nonvoting members as the voting members of 
     the Advisory Committee consider appropriate.
       (3) Chairperson.--The Secretary shall appoint a chairperson 
     for the Advisory Committee from among the members appointed 
     under paragraph (1).
       (d) Meetings.--The Advisory Committee shall meet--
       (1) in person no less frequently than twice each year; and
       (2) via telepresence no less frequently than once every 2 
     months.
       (e) Powers.--In order to carry out its duties under 
     subsection (b), the Advisory Committee may--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, and receive such evidence as the 
     Advisory Committee considers appropriate;
       (2) submit to Congress such recommendations as the Advisory 
     Committee considers appropriate;
       (3) submit to Federal agencies such recommendations as the 
     Advisory Committee considers appropriate;
       (4) issue reports, guidelines, and memoranda;
       (5) hold or host conferences and symposia;
       (6) enter into cooperative agreements with third-party 
     experts to obtain relevant advice or expertise, and oversee 
     staff;
       (7) establish subcommittees; and
       (8) establish rules of procedure.
       (f) Travel Expenses.--The members of the Advisory Committee 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Advisory 
     Committee.
       (g) Funding.--
       (1) In general.--Except as provided in paragraph (2), 
     amounts to carry out this section shall be derived from 
     amounts appropriated or otherwise made available to the 
     Secretary.
       (2) Donations.--
       (A) Authorization.--The Advisory Committee may solicit and 
     accept donations from private persons and non-Federal 
     entities to carry out this section.
       (B) Limitation.--Of the amounts expended by the Advisory 
     Committee in a fiscal year to carry out this section, not 
     more than half may be derived from amounts received under 
     subparagraph (A).
                                 ______
                                 
  SA 2255. Ms. CANTWELL 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. 320. EXTENSION OF REAL-TIME SOUND MONITORING AT NAVY 
                   INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT 
                   OPERATE.

       Section 325(a)(1) of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92) is amended by 
     striking ``a 12-month period'' and inserting ``two 12-month 
     periods, including one such period that begins in fiscal year 
     2021''.
                                 ______
                                 
  SA 2256. Ms. CANTWELL submitted an amendment intended to be proposed

[[Page S3709]]

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 section 806(c), add the following:
       (12) Aluminum.
                                 ______
                                 
  SA 2257. Mr. BROWN (for himself and Mr. Portman) 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 II, add the following:

     SEC. ___. REPORT ON USE OF TESTING FACILITIES TO RESEARCH AND 
                   DEVELOP HYPERSONIC TECHNOLOGY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the costs and 
     benefits of the use and potential refurbishment of existing 
     operating and mothballed Federal research and testing 
     facilities to support hypersonics activities of the 
     Department of Defense.
                                 ______
                                 
  SA 2258. Mr. BROWN (for himself and Mr. Portman) 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 III, add the following:

     SEC. 355. REPORT ON COSTS AND BENEFITS OF MAINTAINING A 
                   SPECIFIED NUMBER OF PRIMARY AIRCRAFT AUTHORIZED 
                   FOR EACH TYPE OF AIR FORCE SQUADRON.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     on the costs and benefits of maintaining a specified number 
     of primary aircraft authorized for each type of Air Force 
     squadron.
       (b) Requirements for Air Force Reserve.--The report 
     required under subsection (a) shall specifically detail the 
     requirements for specialty mission units of the Air Force 
     Reserve.
                                 ______
                                 
  SA 2259. Mr. BROWN (for himself, Mr. Durbin, Ms. Hassan, and Ms. 
Warren) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1052. PROHIBITION ON USE BY EDUCATIONAL INSTITUTIONS OF 
                   REVENUES DERIVED FROM EDUCATIONAL ASSISTANCE 
                   FURNISHED UNDER LAWS ADMINISTERED BY SECRETARY 
                   OF DEFENSE FOR ADVERTISING, MARKETING, OR 
                   RECRUITING.

       (a) In General.--As a condition on the receipt of 
     Department of Defense educational assistance funds, an 
     institution of higher education, or other postsecondary 
     educational institution, may not use revenues derived from 
     Department of Defense educational assistance funds for 
     advertising, recruiting, or marketing activities described in 
     subsection (b).
       (b) Covered Activities.--Except as provided in subsection 
     (c), the advertising, recruiting, and marketing activities 
     subject to subsection (a) shall include the following:
       (1) Advertising and promotion activities, including paid 
     announcements in newspapers, magazines, radio, television, 
     billboards, electronic media, naming rights, or any other 
     public medium of communication, including paying for displays 
     or promotions at job fairs, military installations, or 
     college recruiting events.
       (2) Efforts to identify and attract prospective students, 
     either directly or through a contractor or other third party, 
     including contact concerning a prospective student's 
     potential enrollment or application for grant, loan, or work 
     assistance under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.) or participation in preadmission or 
     advising activities, including--
       (A) paying employees responsible for overseeing enrollment 
     and for contacting potential students in-person, by phone, by 
     email, or by other internet communications regarding 
     enrollment; and
       (B) soliciting an individual to provide contact information 
     to an institution of higher education, including Internet 
     websites established for such purpose and funds paid to third 
     parties for such purpose.
       (3) Such other activities as the Secretary of Defense may 
     prescribe, including paying for promotion or sponsorship of 
     education or military-related associations.
       (c) Exceptions.--Any activity that is required as a 
     condition of receipt of funds by an institution under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.), is specifically authorized under such title, or is 
     otherwise specified by the Secretary of Education, shall not 
     be considered to be a covered activity under subsection (b).
       (d) Department of Defense Educational Assistance Funds 
     Defined.--In this section, the term ``Department of Defense 
     educational assistance funds'' means funds provided directly 
     to an institution or to a student attending such institution 
     under any of the following provisions of law:
       (1) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 
     10, United States Code.
       (2) Section 1784a, 2005, or 2007 of such title.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed as a limitation on the use by an institution of 
     revenues derived from sources other than Department of 
     Defense educational assistance funds. As a condition on the 
     receipt of Department of Defense educational assistance 
     funds, each institution of higher education, or other 
     postsecondary educational institution, that derives revenues 
     from Department of Defense educational assistance funds shall 
     submit to the Secretary of Defense and to Congress each year 
     a report that includes the following:
       (1) The institution's expenditures on advertising, 
     marketing, and recruiting.
       (2) A verification from an independent auditor that the 
     institution is in compliance with the requirements of this 
     subsection.
       (3) A certification from the institution that the 
     institution is in compliance with the requirements of this 
     section.
                                 ______
                                 
  SA 2260. Ms. ERNST 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 following:

     SEC. ____. WIND TECHNICIAN TRAINING, CAREERS, AND STUDY.

       (a) Wind Technician Training Grant Program.--
       (1) In general.--Title XI of the Energy Policy Act of 2005 
     (42 U.S.C. 16411 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1107. WIND TECHNICIAN TRAINING GRANT PROGRAM.

       ``(a) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means a community college or technical 
     school that offers a wind training program.
       ``(b) Grant Program.--The Secretary shall establish a 
     program under which the Secretary shall award grants, on a 
     competitive basis, to eligible entities to purchase large 
     pieces of wind component equipment (such as nacelles, towers, 
     and blades) for use in training wind technician students.
       ``(c) Funding.--Of the amounts made available to the 
     Secretary in an appropriations Act enacted after the date of 
     enactment of this section for administrative expenses to 
     carry out other programs under the authority of the 
     Secretary, the Secretary shall use to carry out this section 
     $2,000,000 for each of fiscal years 2020 through 2025.''.
       (2) Clerical amendment.--The table of contents for the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 601) 
     is amended by inserting after the item relating to section 
     1106 the following:

``Sec. 1107. Wind technician training grant program.''.
       (b) Veterans in Wind Energy.--
       (1) In general.--Title XI of the Energy Policy Act of 2005 
     (42 U.S.C. 16411 et seq.) (as amended by subsection (a)(1)) 
     is amended by adding at the end the following:

     ``SEC. 1108. VETERANS IN WIND ENERGY.

       ``(a) In General.--The Secretary shall establish a program 
     to prepare veterans for careers in the wind energy industry 
     that shall be modeled off of the Solar Ready Vets pilot 
     program formerly administered by the Department of Energy and 
     the Department of Defense.
       ``(b) Funding.--Of the amounts made available to the 
     Secretary in an appropriations Act enacted after the date of 
     enactment of this section for administrative expenses to 
     carry out other programs under the authority of the 
     Secretary, the Secretary shall use to carry out this section 
     $2,000,000 for each of fiscal years 2020 through 2025.''.
       (2) Clerical amendment.--The table of contents for the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 601) 
     (as amended by subsection (a)(2)) is amended by inserting 
     after the item relating to section 1107 the following:

``Sec. 1108. Veterans in wind energy.''.


[[Page S3710]]


       (c) Study and Report on Wind Technician Workforce.--
       (1) In general.--The Secretary of Energy (referred to in 
     this subsection as the ``Secretary'') shall convene a task 
     force comprised of 1 or more representatives of each of the 
     stakeholders described in paragraph (2) that shall--
       (A) conduct a study to assess the needs of wind technicians 
     in the workforce;
       (B) create a comprehensive list that--
       (i) lists each type of wind technician position available 
     in the United States; and
       (ii) describes the skill sets required for each type of 
     position listed under clause (i); and
       (C) not later than 1 year after the date of enactment of 
     this Act, make publicly available and submit to Congress a 
     report that--
       (i) describes the results of that study;
       (ii) includes the comprehensive list described in 
     subparagraph (B); and
       (iii) provides recommendations--

       (I) for creating a credentialing program that may be 
     administered by community colleges, technical schools, and 
     other training institutions; and
       (II) that reflect best practices for wind technician 
     training programs, as identified by representatives of the 
     wind industry.

       (2) Stakeholders described.--The stakeholders referred to 
     in paragraph (1) are--
       (A) the Department of Defense;
       (B) the Department of Education;
       (C) the Department of Energy;
       (D) the Department of Labor;
       (E) the Department of Veterans Affairs;
       (F) technical schools and community colleges that have wind 
     technician training programs; and
       (G) the wind industry.
       (3) Funding.--Of the amounts made available to the 
     Secretary in an appropriations Act enacted after the date of 
     enactment of this Act for administrative expenses to carry 
     out other programs under the authority of the Secretary, the 
     Secretary shall use to carry out this subsection $500,000.
                                 ______
                                 
  SA 2261. Ms. CANTWELL 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. ___. ESTABLISHMENT OF FEDERAL ADVISORY COMMITTEE ON THE 
                   DEVELOPMENT AND IMPLEMENTATION OF ARTIFICIAL 
                   INTELLIGENCE.

       (a) Establishment.--
       (1) In general.--The Secretary of Commerce shall establish 
     a Federal advisory committee to advise the Secretary on 
     matters relating to the development of artificial 
     intelligence.
       (2) Designation.--The Federal advisory committee 
     established under paragraph (1) shall be known as the 
     ``Federal Advisory Committee on the Development and 
     Implementation of Artificial Intelligence'' (in this section 
     referred to as the ``Advisory Committee'').
       (b) Purposes of the Advisory Committee.--
       (1) Advice.--The Advisory Committee shall provide advice to 
     the Secretary on matters relating to the development and use 
     of artificial general intelligence and narrow artificial 
     intelligence, including on the following as they relate to 
     artificial intelligence:
       (A) The competitiveness of the United States, including 
     matters relating to the promotion of public and private 
     sector investment and innovation into the development of 
     artificial intelligence.
       (B) Workforce, including matters relating to the potential 
     for using artificial intelligence for rapid retraining of 
     workers, due to the possible effect of technological 
     displacement and to increase the labor force participation of 
     traditionally underrepresented populations, including 
     minorities, low-income populations, and persons with 
     disabilities.
       (C) Education, including matters relating to science, 
     technology, engineering, and mathematics education to prepare 
     the United States workforce as the needs of employers change.
       (D) Ethics training and development for individuals, 
     including both private and government technologists, working 
     on and using artificial intelligence.
       (E) Matters relating to open sharing of data and the open 
     sharing of research on artificial intelligence.
       (F) International cooperation and competitiveness, 
     including matters relating to the competitive international 
     landscape for artificial intelligence-related industries.
       (G) Accountability and legal rights, including matters 
     relating to the responsibility for any violations of laws by 
     an artificial intelligence system and the compatibility of 
     international regulations.
       (H) Matters relating to machine learning bias through core 
     cultural and societal norms.
       (I) Matters relating to how artificial intelligence can 
     serve or enhance opportunities in rural communities.
       (J) Government efficiency, including matters relating to 
     how to promote cost saving and streamline operations.
       (K) Matters relating to individual civil rights, including 
     an assessment regarding how rights are or will be affected by 
     the use of artificial intelligence technology and whether 
     such uses should be subject to additional controls, 
     oversight, or limitations.
       (L) Matters relating to urbanization and the development of 
     smart cities.
       (2) Study.--The Advisory Committee shall study and assess 
     the following:
       (A) How the term ``artificial intelligence'' should be 
     defined for purposes of this section and how the relevant 
     scope of the Advisory Committee should be defined, including 
     how such definitions relate to artificial systems and both 
     narrow and general forms of artificial intelligence. In 
     carrying out this subparagraph, the Advisory Committee shall 
     consider the following:
       ``(1) The term `artificial intelligence' includes the 
     following:
       ``(A) Any artificial systems that perform tasks under 
     varying and unpredictable circumstances, without significant 
     human oversight, or that can learn from their experience and 
     improve their performance. Such systems may be developed in 
     computer software, physical hardware, or other contexts not 
     yet contemplated. They may solve tasks requiring human-like 
     perception, cognition, planning, learning, communication, or 
     physical action. In general, the more human-like the system 
     within the context of its tasks, the more it can be said to 
     use artificial intelligence.
       ``(B) Systems that think like humans, such as cognitive 
     architectures and neural networks.
       ``(C) Systems that act like humans, such as systems that 
     can pass the Turing test or other comparable test via natural 
     language processing, knowledge representation, automated 
     reasoning, and learning.
       ``(D) A set of techniques, including machine learning, that 
     seek to approximate some cognitive task.
       ``(E) Systems that act rationally, such as intelligent 
     software agents and embodied robots that achieve goals via 
     perception, planning, reasoning, learning, communicating, 
     decisionmaking, and acting.
       ``(2) The term `artificial general intelligence' means a 
     notional future artificial intelligence system that exhibits 
     apparently intelligent behavior at least as advanced as a 
     person across the range of cognitive, emotional, and social 
     behaviors.
       ``(3) The term `narrow artificial intelligence' means an 
     artificial intelligence system that addresses specific 
     application areas such as playing strategic games, language 
     translation, self-driving vehicles, and facial or other image 
     recognition.''.
       (B) How to create a climate for public and private sector 
     investment and innovation in artificial intelligence.
       (C) The possible benefits and effects that the development 
     of artificial intelligence may have on the economy, 
     workforce, and competitiveness of the United States.
       (D) Whether and how networked, automated, artificial 
     intelligence applications and robotic devices will displace 
     or create jobs and how any job-related gains relating to 
     artificial intelligence can be maximized.
       (E) How bias can be identified and eliminated in the 
     development of artificial intelligence and in the algorithms 
     that support them, including with respect to the following:
       (i) The selection and processing of data used to train 
     artificial intelligence.
       (ii) Diversity in the development of artificial 
     intelligence.
       (iii) The ways and places the systems are deployed and the 
     potential harmful outcomes.
       (F) Whether and how to incorporate ethical standards in the 
     development and implementation of artificial intelligence.
       (G) How the Federal Government can encourage technological 
     progress in implementation of artificial intelligence that 
     benefits the full spectrum of social and economic classes.
       (H) How the privacy rights of individuals are or will be 
     affected by technological innovation relating to artificial 
     intelligence.
       (I) Whether technological advancements in artificial 
     intelligence have or will outpace the legal and regulatory 
     regimes implemented to protect consumers.
       (J) How existing laws, including those concerning data 
     access and privacy, should be modernized to enable the 
     potential of artificial intelligence.
       (K) How the Federal Government utilizes artificial 
     intelligence to handle large or complex data sets.
       (L) How ongoing dialogues and consultations with multi-
     stakeholder groups can maximize the potential of artificial 
     intelligence and further development of artificial 
     intelligence technologies that can benefit everyone 
     inclusively.
       (M) How the development of artificial intelligence can 
     affect cost savings and streamline operations in various 
     areas of government operations, including health care, 
     cybersecurity, infrastructure, and disaster recovery.
       (N) Such other matters as the Advisory Committee considers 
     appropriate.
       (3) Reports and recommendations.--
       (A) Report by advisory committee.--Not later than 540 days 
     after the date of the enactment of this Act, the Advisory 
     Committee shall submit to the Secretary and to Congress a 
     report on the findings of the Advisory Committee and such 
     recommendations as the Advisory Committee may have

[[Page S3711]]

     for administrative or legislative action relating to 
     artificial intelligence.
       (B) Recommendations of secretary.--Not later than 90 days 
     after receiving the report submitted under subparagraph (A), 
     the Secretary shall review the report and submit to Congress 
     such recommendations as the Secretary may have with respect 
     to the matters contained in the report submitted under 
     subparagraph (A).
       (c) Membership.--
       (1) Voting members.--
       (A) In general.--The Advisory Committee shall be composed 
     of 19 voting members who shall be appointed by the Secretary, 
     with advisement from the Chair and Ranking Member of the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Chair and Ranking Member of the Committee on 
     Energy and Commerce of the House of Representatives, for 
     purposes of the Advisory Committee from among individuals 
     with expertise in matters relating to workforce development, 
     ethics, privacy, artificial intelligence, or computer 
     science.
       (B) Representation.--In carrying out subparagraph (A), the 
     Secretary shall ensure that voting members are appointed as 
     follows:
       (i) Five members from the academic or research community.
       (ii) Six members from private industry, at least 1 of whom 
     shall be from a small business concern.
       (iii) Six members from civil society, at least 2 of whom 
     shall be from groups that advocate for civil liberties or 
     civil rights.
       (iv) Two members from labor organizations or groups, 
     including those that represent the unique interests of 
     traditionally underrepresented populations.
       (C) Geographical diversity.--In carrying out subparagraph 
     (A), the Secretary shall ensure that the voting members of 
     the Advisory Committee come from diverse geographical 
     locations within the United States.
       (2) Nonvoting members.--The Advisory Committee shall also 
     be composed of such nonvoting members as the Secretary 
     considers appropriate, except that the Secretary shall 
     appoint at least 1 such member from each of the following:
       (A) The Department of Education.
       (B) The Department of Justice.
       (C) The Department of Labor.
       (D) The Department of Transportation.
       (E) The Department of Homeland Security.
       (F) The Federal Trade Commission.
       (G) The National Institute of Standards and Technology.
       (H) The National Science Foundation.
       (I) The National Science and Technology Council.
       (J) The intelligence community (as defined in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003)).
       (K) The Privacy and Civil Liberties Oversight Board.
       (L) Such other nonvoting members as the voting members of 
     the Advisory Committee consider appropriate.
       (3) Chairperson.--The Secretary shall appoint a chairperson 
     for the Advisory Committee from among the members appointed 
     under paragraph (1).
       (d) Meetings.--The Advisory Committee shall meet--
       (1) in person no less frequently than twice each year; and
       (2) via telepresence no less frequently than once every 2 
     months.
       (e) Powers.--In order to carry out its duties under 
     subsection (b), the Advisory Committee may--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, and receive such evidence as the 
     Advisory Committee considers appropriate;
       (2) submit to Congress such recommendations as the Advisory 
     Committee considers appropriate;
       (3) submit to Federal agencies such recommendations as the 
     Advisory Committee considers appropriate;
       (4) issue reports, guidelines, and memoranda;
       (5) hold or host conferences and symposia;
       (6) enter into cooperative agreements with third-party 
     experts to obtain relevant advice or expertise, and oversee 
     staff;
       (7) establish subcommittees; and
       (8) establish rules of procedure.
       (f) Travel Expenses.--The members of the Advisory Committee 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Advisory 
     Committee.
       (g) Funding.--
       (1) In general.--Except as provided in paragraph (2), 
     amounts to carry out this section shall be derived from 
     amounts appropriated or otherwise made available to the 
     Secretary.
       (2) Donations.--
       (A) Authorization.--The Advisory Committee may solicit and 
     accept donations from private persons and non-Federal 
     entities to carry out this section.
       (B) Limitation.--Of the amounts expended by the Advisory 
     Committee in a fiscal year to carry out this section, not 
     more than half may be derived from amounts received under 
     subparagraph (A).
                                 ______
                                 
  SA 2262. Mr. CASSIDY (for himself and 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 end of subtitle G of title X, add the following:

     SEC. 10__. OFFICE OF TECHNOLOGY TRANSITIONS.

       Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 
     16391) is amended--
       (1) by striking subsection (a) and all that follows through 
     ``The Coordinator'' in subsection (b) and inserting the 
     following:
       ``(a) Office of Technology Transitions.--
       ``(1) Establishment.--There is established within the 
     Department an Office of Technology Transitions (referred to 
     in this section as the `Office').
       ``(2) Mission.--The mission of the Office shall be--
       ``(A) to expand the commercial impact of the research 
     investments of the Department; and
       ``(B) to focus on commercializing technologies that reduce 
     greenhouse gas emissions and technologies that support other 
     missions of the Department.
       ``(3) Goals.--
       ``(A) In general.--In carrying out the mission and 
     activities of the Office, the Chief Commercialization Officer 
     appointed under paragraph (4) shall, with respect to 
     commercialization activities, meet not less than two of the 
     goals described in subparagraph (B) and, to the maximum 
     extent practicable, meet all of the goals described in that 
     subparagraph.
       ``(B) Goals described.--The goals referred to in 
     subparagraph (A) are the following:
       ``(i) Reduction of greenhouse gas emissions.
       ``(ii) Ensuring economic competitiveness.
       ``(iii) Enhancement of domestic energy security and 
     national security.
       ``(iv) Enhancement of domestic jobs.
       ``(v) Any other missions of the Department, as determined 
     by the Secretary.
       ``(4) Chief commercialization officer.--
       ``(A) In general.--The Office shall be headed by an 
     officer, who shall be known as the `Chief Commercialization 
     Officer', and who shall report directly to, and be appointed 
     by, the Secretary.
       ``(B) Principal advisor.--The Chief Commercialization 
     Officer shall be the principal advisor to the Secretary on 
     all matters relating to technology transfer and 
     commercialization.
       ``(C) Qualifications.--The Chief Commercialization 
     Officer'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``subsection (d)'' and 
     inserting ``subsection (b)'';
       (B) by redesignating paragraphs (1) through (4) as clauses 
     (i) through (iv), respectively, and indenting appropriately; 
     and
       (C) by striking the subsection designation and heading and 
     all that follows through ``The Coordinator'' in the matter 
     preceding clause (i) (as so redesignated) and inserting the 
     following:
       ``(D) Duties.--The Chief Commercialization Officer'';
       (3) by adding at the end of subsection (a) (as amended by 
     paragraph (2)(C)) the following:
       ``(5) Coordination.--In carrying out the mission and 
     activities of the Office, the Chief Commercialization Officer 
     shall coordinate with the senior leadership of the 
     Department, other relevant program offices of the Department, 
     National Laboratories, the Technology Transfer Working Group 
     established under subsection (b), the Technology Transfer 
     Policy Board, and other stakeholders (including private 
     industry).'';
       (4) by redesignating subsections (d) through (h) as 
     subsections (b) through (f), respectively; and
       (5) in subsection (f) (as so redesignated), by striking 
     ``subsection (e)'' and inserting ``subsection (c)''.

     SEC. 10__. REVIEW OF APPLIED ENERGY PROGRAMS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy (referred to 
     in this section as the ``Secretary'') shall conduct a review 
     of all applied energy research and development programs under 
     the Department of Energy (referred to in this section as the 
     ``Department'') that focus on researching and developing 
     technologies that reduce emissions.
       (b) Requirements.--In conducting the review under 
     subsection (a), the Secretary shall--
       (1) identify each program described in that subsection the 
     mission of which is to research and develop technologies that 
     reduce emissions;
       (2) determine the type of services provided by each program 
     identified under paragraph (1), such as grants and technical 
     assistance;
       (3) determine whether there are written program goals for 
     each program identified under paragraph (1);
       (4) examine the extent to which the programs identified 
     under paragraph (1) overlap or are duplicative; and
       (5) develop recommendations--
       (A) as to how any overlapping or duplicative programs 
     identified under paragraph (4) should be restructured or 
     consolidated, including by any necessary legislation;
       (B) as to how to identify technologies described in 
     paragraph (1) that--

[[Page S3712]]

       (i) are not served by a single program office at the 
     Department; or
       (ii) the research and development of which may require 
     collaboration with other Federal agencies; and
       (C) for methods to improve the programs identified under 
     paragraph (1), including by establishing program goals, 
     assessing workforce considerations and technical skills, or 
     increasing collaboration with other Federal agencies and 
     stakeholders (including private industry).
       (c) Report.--Not later than 60 days after the Secretary 
     completes the review under subsection (a), the Secretary 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committees on Science, Space, and 
     Technology and Energy and Commerce of the House of 
     Representatives a report describing the results of and the 
     recommendations developed under the review.
                                 ______
                                 
  SA 2263. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10___. SMALL SCALE LNG ACCESS.

       Section 3 of the Natural Gas Act (15 U.S.C. 717b) is 
     amended by striking subsection (c) and inserting the 
     following:
       ``(c) Expedited Application and Approval Process.--
       ``(1) In general.--For purposes of subsection (a), the 
     following shall be deemed to be consistent with the public 
     interest, and applications for such importation or 
     exportation shall be granted without modification or delay:
       ``(A) The importation of the natural gas referred to in 
     subsection (b).
       ``(B) Subject to the last sentence of subsection (a), the 
     exportation of natural gas in a volume up to and including 
     51,750,000,000 cubic feet per year.
       ``(C) The exportation of natural gas to a nation with which 
     there is in effect a free trade agreement requiring national 
     treatment for trade in natural gas.
       ``(2) Exclusion.--Subparagraphs (B) and (C) of paragraph 
     (1) shall not apply to any nation subject to sanctions 
     imposed by the United States.''.
                                 ______
                                 
  SA 2264. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. NATURAL GAS CARBON CAPTURE RESEARCH, DEVELOPMENT, 
                   AND DEMONSTRATION PROGRAM.

       (a) In General.--Subtitle F of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 969. NATURAL GAS CARBON CAPTURE RESEARCH, DEVELOPMENT, 
                   AND DEMONSTRATION PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Commercially viable technology.--The term 
     `commercially viable technology' means technology that has 
     the potential to be successfully deployed and compete 
     effectively in the marketplace at an appropriate size or 
     scale.
       ``(2) Eligible entity.--The term `eligible entity' means an 
     entity that documents to the satisfaction of the Secretary 
     that--
       ``(A) the entity is financially responsible; and
       ``(B) the entity will provide sufficient information to the 
     Secretary to enable the Secretary to ensure that any funds 
     awarded to the entity are spent efficiently and effectively.
       ``(3) Natural gas.--The term `natural gas' means any fuel 
     consisting in whole or in part of--
       ``(A) natural gas;
       ``(B) liquid petroleum gas;
       ``(C) synthetic gas derived from petroleum or natural gas 
     liquids;
       ``(D) any mixture of natural gas and synthetic gas; or
       ``(E) biomethane.
       ``(4) Natural gas-generated power.--The term `natural gas-
     generated power' means--
       ``(A) electric energy generated through the use of natural 
     gas; and
       ``(B) the generation of hydrogen from natural gas.
       ``(5) Program.--The term `program' means the program 
     established under subsection (b)(1).
       ``(6) Qualifying electric generation facility.--
       ``(A) In general.--The term `qualifying electric generation 
     facility' means a facility that generates electric energy 
     using natural gas as the fuel.
       ``(B) Inclusions.--The term `qualifying electric generation 
     facility' includes a new or existing--
       ``(i) simple cycle plant;
       ``(ii) combined cycle plant;
       ``(iii) combined heat and power plant;
       ``(iv) steam methane reformer that produces hydrogen from 
     natural gas for use in the production of electric energy; or
       ``(v) facility that uses natural gas as the fuel for 
     generating electric energy.
       ``(7) Qualifying technology.--The term `qualifying 
     technology' means any commercially viable technology, as 
     determined by the Secretary, for the capture of carbon 
     dioxide produced during the generation of natural gas-
     generated power.
       ``(b) Establishment of Research, Development, and 
     Demonstration Program.--
       ``(1) In general.--The Secretary shall establish a program 
     of research, development, and demonstration of qualifying 
     technologies for use by qualifying electric generation 
     facilities.
       ``(2) Objectives.--The objectives of the program shall be--
       ``(A) to identify opportunities to accelerate the 
     development and commercial applications of qualifying 
     technologies to reduce the quantity of carbon dioxide 
     emissions released from qualifying electric generation 
     facilities;
       ``(B) to enter into cooperative agreements with eligible 
     entities to expedite and carry out demonstration projects 
     (including pilot projects) for qualifying technologies for 
     use by qualifying electric generation facilities to 
     demonstrate the technical and commercial viability of those 
     qualifying technologies for commercial deployment; and
       ``(C) to identify any barriers to the commercial deployment 
     of any qualifying technologies under development.
       ``(3) Participation of national laboratories, universities, 
     and research facilities.--The program may include the 
     participation of--
       ``(A) National Laboratories;
       ``(B) institutions of higher education;
       ``(C) research facilities; or
       ``(D) other appropriate entities.
       ``(4) Cooperative agreements.--
       ``(A) In general.--In carrying out the program, the 
     Secretary may enter into cooperative agreements with eligible 
     entities to carry out research, development, and 
     demonstration projects for qualifying technologies.
       ``(B) Applications; proposals.--An eligible entity desiring 
     to enter into a cooperative agreement under this paragraph 
     shall submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       ``(c) Carbon Capture Facilities Demonstration Program.--
       ``(1) Establishment.--As part of the program, the Secretary 
     shall establish a demonstration program under which the 
     Secretary shall enter into cooperative agreements with 
     eligible entities for demonstration or pilot projects to 
     license, permit, construct, and operate, by not later than 
     September 30, 2025, 3 or more facilities to capture carbon 
     dioxide from qualifying electric generation facilities.
       ``(2) Goals.--Each demonstration or pilot project under the 
     demonstration program shall--
       ``(A) be designed to further the development of qualifying 
     technologies that may be used by a qualifying electric 
     generation facility;
       ``(B) be financed in part by the private sector;
       ``(C) if necessary, secure agreements for the offtake of 
     the majority of the carbon dioxide emissions captured by 
     qualifying technologies during the project; and
       ``(D) support energy production in the United States.
       ``(3) Request for applications.--Not later than 120 days 
     after the date of enactment of this section, the Secretary 
     shall solicit applications for cooperative agreements for 
     projects--
       ``(A) to demonstrate qualifying technologies at 3 or more 
     qualifying electric generation facilities;
       ``(B) to obtain any license or permit from a State or 
     Federal agency that is necessary for the construction of 3 or 
     more facilities to capture carbon dioxide from a qualifying 
     electric generation facility; and
       ``(C) to construct and operate 3 or more facilities to 
     capture carbon dioxide from a qualifying electric generation 
     facility.
       ``(4) Review of applications.--In reviewing applications 
     submitted under paragraph (3), the Secretary, to the maximum 
     extent practicable, shall--
       ``(A) ensure a broad geographic distribution of project 
     sites;
       ``(B) ensure that a broad selection of qualifying electric 
     generation facilities are represented;
       ``(C) ensure that a broad selection of qualifying 
     technologies are represented; and
       ``(D) leverage existing--
       ``(i) public-private partnerships; and
       ``(ii) Federal resources.
       ``(d) Cost Sharing.--In carrying out this section, the 
     Secretary shall require cost sharing in accordance with 
     section 988.
       ``(e) Fee Title.--The Secretary may vest fee title or other 
     property interests acquired under cooperative agreements 
     entered into under subsection (b)(4) in any entity, including 
     the United States.

[[Page S3713]]

       ``(f) Report.--Not later than 180 days after the date on 
     which the Secretary solicits applications under subsection 
     (c)(3), and annually thereafter, the Secretary shall submit 
     to the appropriate committees of jurisdiction of the Senate 
     and the House of Representatives a report that--
       ``(1) with respect to subsections (b) and (c), includes 
     recommendations for any legislative changes needed to improve 
     the implementation of those subsections;
       ``(2) with respect to subsection (b), includes--
       ``(A) a detailed description of how applications for 
     cooperative agreements under paragraph (4) of that subsection 
     will be solicited and evaluated, including--
       ``(i) a list of any activities carried out by the Secretary 
     to solicit or evaluate applications; and
       ``(ii) a process for ensuring that any projects carried out 
     under a cooperative agreement are designed to result in the 
     development or demonstration of qualifying technologies;
       ``(B) a detailed list of technical milestones for each 
     qualifying technology pursued under that subsection;
       ``(C) a detailed description of how each project carried 
     out pursuant to a cooperative agreement under paragraph (4) 
     of that subsection will meet the milestones for carbon 
     capture described in the September 2017 report of the Office 
     of Fossil Energy entitled `Accelerating Breakthrough 
     Innovation in Carbon Capture, Utilization, and Storage'; and
       ``(D) an affirmation from the Secretary that all recipients 
     of funding under that subsection are eligible entities; and
       ``(3) with respect to the demonstration program established 
     under subsection (c), includes--
       ``(A) an estimate of the cost of licensing, permitting, 
     constructing, and operating each carbon capture facility 
     expected to be constructed under that demonstration program;
       ``(B) a schedule for--
       ``(i) obtaining any license or permit necessary to 
     construct and operate each carbon capture facility expected 
     to be constructed; and
       ``(ii) constructing each facility; and
       ``(C) an estimate of any financial assistance, 
     compensation, or incentives proposed to be paid by the host 
     State, Indian Tribe, or local government with respect to each 
     facility.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $50,000,000 for each of fiscal years 2020 through 2025.''.
       (b) Clerical Amendment.--The table of contents for the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) 
     is amended by inserting after the item relating to section 
     968 the following:

``Sec. 969. Natural gas carbon capture research, development, and 
              demonstration program.''.
                                 ______
                                 
  SA 2265. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1085. STUDIES ON USE OF EMERGING TECHNOLOGIES BY U.S. 
                   CUSTOMS AND BORDER PROTECTION AND DEPARTMENT OF 
                   ENERGY.

       (a) Study.--The head of each covered agency shall carry out 
     a study, in consultation with appropriate private sector 
     stakeholders and the heads of other Federal agencies, with 
     respect to--
       (1) the status of implementation and internal use of 
     emerging technologies, including blockchain technology and 
     other innovative technologies, within the agency;
       (2) how applications of blockchain technology, cloud and 
     edge computing, and other innovative technologies can--
       (A) make the data analysis of the agency more efficient and 
     effective; and
       (B) be used to support strategic initiatives of the agency; 
     and
       (3) in the case of U.S. Customs and Border Protection, how 
     blockchain technology, cloud and edge computing, and other 
     innovative technologies can be further leveraged to improve 
     the informed compliance model of the agency and enhance the 
     transparency of supply chains.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the head of each covered agency shall 
     submit to the appropriate congressional committees a report 
     to containing--
       (1) all findings and determinations made in carrying out 
     the study required under subsection (a); and
       (2) any recommendations identified in carrying out the 
     study for using blockchain technology and other innovative 
     technologies with respect to United States efforts--
       (A) to combat money laundering and other forms of illicit 
     finance; and
       (B) to detect and deter trade-based money laundering, the 
     distribution of counterfeit goods, and goods made with 
     convict labor, forced labor, or indentured labor.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) with respect to U.S. Customs and Border Protection, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives; and
       (B) with respect to the Department of Energy, the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Covered agency.--The term ``covered agency'' means U.S. 
     Customs and Border Protection and the Department of Energy.
       (3) Informed compliance model.--The term ``informed 
     compliance model'' means a model based on shared 
     responsibility between U.S. Customs and Border Protection and 
     importers under which--
       (A) U.S. Customs and Border Protection effectively 
     communicates its requirements to importers; and
       (B) importers conduct their activities in accordance with 
     those requirements and the statutes and regulations of the 
     United States.
                                 ______
                                 
  SA 2266. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES 
                   AND OTHER PERSONNEL OF THE FEDERAL ENERGY 
                   REGULATORY COMMISSION.

       (a) In General.--Section 401 of the Department of Energy 
     Organization Act (42 U.S.C. 7171) is amended by adding at the 
     end the following:
       ``(k) Addressing Insufficient Compensation of Employees and 
     Other Personnel of the Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, if the Chairman publicly certifies that compensation for 
     a category of employees or other personnel of the Commission 
     is insufficient to retain or attract employees and other 
     personnel to allow the Commission to carry out the functions 
     of the Commission in a timely, efficient, and effective 
     manner, the Chairman may fix the compensation for the 
     category of employees or other personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, or any other civil service law.
       ``(2) Certification requirements.--A certification issued 
     under paragraph (1) shall--
       ``(A) apply with respect to a category of employees or 
     other personnel responsible for conducting work of a 
     scientific, technological, engineering, or mathematical 
     nature;
       ``(B) specify a maximum amount of reasonable compensation 
     for the category of employees or other personnel;
       ``(C) be valid for a 5-year period beginning on the date on 
     which the certification is issued;
       ``(D) be no broader than necessary to achieve the objective 
     of retaining or attracting employees and other personnel to 
     allow the Commission to carry out the functions of the 
     Commission in a timely, efficient, and effective manner; and
       ``(E) include an explanation for why the other approaches 
     available to the Chairman for retaining and attracting 
     employees and other personnel are inadequate.
       ``(3) Renewal.--
       ``(A) In general.--Not later than 90 days before the date 
     of expiration of a certification issued under paragraph (1), 
     the Chairman shall determine whether the certification should 
     be renewed for a subsequent 5-year period. 
       ``(B) Requirement.--If the Chairman determines that a 
     certification should be renewed under subparagraph (A), the 
     Chairman may renew the certification, subject to the 
     certification requirements under paragraph (2) that were 
     applicable to the initial certification.
       ``(4) New hires.--
       ``(A) In general.--An employee or other personnel that is a 
     member of a category of employees or other personnel that 
     would have been covered by a certification issued under 
     paragraph (1), but was hired during a period in which the 
     certification has expired and has not been renewed under 
     paragraph (3) shall not be eligible for compensation at the 
     level that would have applied to the employee or other 
     personnel if the certification had been in effect on the date 
     on which the employee or other personnel was hired.
       ``(B) Compensation of new hires on renewal.--On renewal of 
     a certification under paragraph (3), the Chairman may fix the 
     compensation of the employees or other personnel described in 
     subparagraph (A) at the level established for the category of 
     employees or other personnel in the certification.
       ``(5) Retention of level of fixed compensation.--A category 
     of employees or other personnel, the compensation of which

[[Page S3714]]

     was fixed by the Chairman in accordance with paragraph (1), 
     may, at the discretion of the Chairman, have the level of 
     fixed compensation for the category of employees or other 
     personnel retained, regardless of whether a certification 
     described under that paragraph is in effect with respect to 
     the compensation of the category of employees or other 
     personnel.
       ``(6) Consultation required.--The Chairman shall consult 
     with the Director of the Office of Personnel Management in 
     implementing this subsection, including in the determination 
     of the amount of compensation with respect to each category 
     of employees or other personnel.
       ``(7) Experts and consultants.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Chairman may--
       ``(i) obtain the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code;
       ``(ii) compensate those experts and consultants for each 
     day (including travel time) at rates not in excess of the 
     rate of pay for level IV of the Executive Schedule under 
     section 5315 of that title; and
       ``(iii) pay to the experts and consultants serving away 
     from the homes or regular places of business of the experts 
     and consultants travel expenses and per diem in lieu of 
     subsistence at rates authorized by sections 5702 and 5703 of 
     that title for persons in Government service employed 
     intermittently.
       ``(B) Limitations.--The Chairman shall--
       ``(i) to the maximum extent practicable, limit the use of 
     experts and consultants pursuant to subparagraph (A); and
       ``(ii) ensure that the employment contract of each expert 
     and consultant employed pursuant to subparagraph (A) is 
     subject to renewal not less frequently than annually.''.
       (b) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter for 10 
     years, the Chairman of the Federal Energy Regulatory 
     Commission shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Energy and Natural Resources of the Senate a report on 
     information relating to hiring, vacancies, and compensation 
     at the Federal Energy Regulatory Commission.
       (2) Inclusions.--Each report under paragraph (1) shall 
     include--
       (A) an analysis of any trends with respect to hiring, 
     vacancies, and compensation at the Federal Energy Regulatory 
     Commission; and
       (B) a description of the efforts to retain and attract 
     employees or other personnel responsible for conducting work 
     of a scientific, technological, engineering, or mathematical 
     nature at the Federal Energy Regulatory Commission.
       (c) Applicability.--The amendment made by subsection (a) 
     shall apply beginning on the date that is 30 days after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 2267. Ms. ROSEN (for herself and Mr. Daines) 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. ___. VETERAN SMALL BUSINESS START-UP CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 45U. VETERAN SMALL BUSINESS START-UP CREDIT.

       ``(a) In General.--For purposes of section 38, in the case 
     of an applicable veteran-owned business which elects the 
     application of this section, the veteran small business 
     start-up credit determined under this section for any taxable 
     year is an amount equal to 15 percent of so much of the 
     qualified start-up expenditures of the taxpayer as does not 
     exceed $50,000.
       ``(b) Applicable Veteran-Owned Small Business.--For 
     purposes of this section--
       ``(1) In general.--The term `applicable veteran-owned small 
     business' means a small business owned and controlled by one 
     or more veterans or spouses of veterans and the principal 
     place of business of which is in an underserved community.
       ``(2) Ownership and control.--The term `owned and 
     controlled' means--
       ``(A) management and operation of the daily business, and--
       ``(B)(i) in the case of a sole proprietorship, sole 
     ownership,
       ``(ii) in the case of a corporation, ownership (by vote or 
     value) of not less than 51 percent of the stock in such 
     corporation, or
       ``(iii) in the case of a partnership or joint venture, 
     ownership of not less than 51 percent of the profits 
     interests or capital interests in such partnership or joint 
     venture.
       ``(3) Small business.--The term `small business' means, 
     with respect to any taxable year, any person engaged in a 
     trade or business in the United States which is a small 
     business concern (as defined under section 3 of the Small 
     Business Act (15 U.S.C. 632)).
       ``(4) Underserved community.--The term `underserved 
     community' means any area located within--
       ``(A) a HUBZone (as defined in section 3(p) of the Small 
     Business Act (15 U.S.C. 632(p))),
       ``(B) an empowerment zone, or enterprise community, 
     designated under section 1391 (and without regard to whether 
     or not such designation remains in effect),
       ``(C) an area of low income or moderate income (as 
     recognized by the Federal Financial Institutions Examination 
     Council), or
       ``(D) a county with persistent poverty (as classified by 
     the Economic Research Service of the Department of 
     Agriculture).
       ``(5) Veteran or spouse of veteran.--The term `veteran or 
     spouse of a veteran' has the meaning given such term by 
     section 7(a)(31)(G)(iii) of the Small Business Act (15 U.S.C. 
     636(a)(31)(G)(iii)).
       ``(c) Qualified Start-Up Expenditures.--For purposes of 
     this section--
       ``(1) In general.--The term `qualified start-up 
     expenditures' means--
       ``(A) any start-up expenditures (as defined in section 
     195(c)), or
       ``(B) any amounts paid or incurred during the taxable year 
     for the purchase or lease of real property, or the purchase 
     of personal property, placed in service during the taxable 
     year and used in the active conduct of a trade or business.
       ``(d) Special Rules.--For purposes of this section--
       ``(1) Year of election.--The taxpayer may elect the 
     application of this section only for the first 2 taxable 
     years for which ordinary and necessary expenses paid or 
     incurred in carrying on such trade or business are allowable 
     as a deduction by the taxpayer under section 162.
       ``(2) Controlled groups and common control.--All persons 
     treated as a single employer under subsections (a) and (b) of 
     section 52 shall be treated as 1 person.
       ``(3) No double benefit.--If a credit is determined under 
     this section with respect to any property, the basis of such 
     property shall be reduced by the amount of the credit 
     attributable to such property.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 45U. Veteran small business start-up credit.''.
       (c) Made Part of General Business Credit.--Section 38(b) of 
     such Code is amended by striking ``plus'' at the end of 
     paragraph (32), by striking the period at the end of 
     paragraph (33) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(34) the veteran small business start-up credit 
     determined under section 45U.''.
       (d) Report by Treasury Inspector General for Tax 
     Administration.--Every fourth year after the date of the 
     enactment of this Act, the Treasury Inspector General for Tax 
     Administration shall include in one of the semiannual reports 
     under section 5 of the Inspector General Act of 1978 with 
     respect to such year, an evaluation of the program under 
     section 45U of the Internal Revenue Code of 1986 (as added by 
     this section), including an evaluation of the success of, and 
     accountability with respect to, such program.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2268. 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, insert the following:

     SEC. ____. SENSE OF CONGRESS ON THE DEDICATED SERVICE OF 
                   FILIPINO WORLD WAR II VETERANS AND 
                   REUNIFICATION WITH THEIR CHILDREN.

       It is the sense of Congress that--
       (1) the dedicated service of Filipino World War II veterans 
     should be recognized; and
       (2) the Filipino World War II veterans who were naturalized 
     under section 405 of the Immigration Act of 1990 (Public Law 
     101-649; 8 U.S.C. 1440 note) or title III of the Nationality 
     Act of 1940 (54 Stat. 1137; chapter 876), as added by section 
     1001 of the Second War Powers Act, 1942 (56 Stat. 182; 
     chapter 199), should be reunited with their children.
                                 ______
                                 
  SA 2269. 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, insert the following:

[[Page S3715]]

  


     SEC. ____. REPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO 
                   WORLD WAR II VETERANS ON NATIONAL SECURITY, 
                   FOREIGN POLICY, AND ECONOMIC AND HUMANITARIAN 
                   INTERESTS OF THE UNITED STATES.

       (a) In General.--Not later than December 31, 2020, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Defense and the Secretary of State, shall submit 
     to the congressional defense committees a report on the 
     impact of the children of certain Filipino World War II 
     veterans on the national security, foreign policy, and 
     economic and humanitarian interests of the United States.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) The number of Filipino World War II veterans who fought 
     under the United States flag during World War II to protect 
     and defend the United States in the Pacific theater.
       (2) The number of Filipino World War II veterans who died 
     fighting under the United States flag during World War II to 
     protect and defend the United States in the Pacific theater.
       (3) An assessment of the economic and tax contributions 
     that Filipino World War II veterans and their families have 
     made to the United States.
       (4) An assessment of the impact on the United States of 
     exempting from the numerical limitations on immigrant visas 
     the children of the Filipino World War II veterans who were 
     naturalized under--
       (A) section 405 of the Immigration Act of 1990 (Public Law 
     101-649; 8 U.S.C. 1440 note); or
       (B) title III of the Nationality Act of 1940 (54 Stat. 
     1137; chapter 876), as added by section 1001 of the Second 
     War Powers Act, 1942 (56 Stat. 182; chapter 199).
                                 ______
                                 
  SA 2270. Mr. MENENDEZ (for himself, Mr. Rubio, 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 title XII, add the following:

    Subtitle H--Robert Levinson Hostage Recovery and Hostage-Taking 
                           Accountability Act

     SEC. 1291. SHORT TITLE.

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

     SEC. 1292. 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 1293.
       (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 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 1294(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. 1293. 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 1294 and the Hostage Response Group established under 
     section 1295; 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. 1294. 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

[[Page S3716]]

       (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. 1295. 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 1293, 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. 1296. 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 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.
       (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) Exception Relating to Importation of Goods.--

[[Page S3717]]

       (1) In general.--The authorities and requirements to impose 
     sanctions authorized under this subtitle shall not include 
     the authority or a requirement to impose sanctions on the 
     importation of goods.
       (2) 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.
       (i) 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. 1297. 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. 1298. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to authorize a 
     private right of action.
                                 ______
                                 
  SA 2271. 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. ___. FAMILY AND MEDICAL LEAVE AMENDMENTS.

       (a) In General.--
       (1) Paid parental leave for employees of district of 
     columbia courts and district of columbia public defender 
     service.--
       (A) District of columbia courts.--Section 11-1726, District 
     of Columbia Official Code, is amended by adding at the end 
     the following new subsection:
       ``(d) In carrying out the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial 
     employees of the District of Columbia courts, the Joint 
     Committee on Judicial Administration shall, notwithstanding 
     any provision of such Act, establish a paid parental leave 
     program for the leave described in subparagraphs (A) and (B) 
     of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) 
     (relating to leave provided in connection with the birth of a 
     child or the placement of a child for adoption or foster 
     care). In developing the terms and conditions for this 
     program, the Joint Committee may be guided by the terms and 
     conditions applicable to the provision of paid parental leave 
     for employees of the Federal Government under chapter 63 of 
     title 5, United States Code, and any corresponding 
     regulations.''.
       (B) District of columbia public defender service.--Section 
     305 of the District of Columbia Court Reform and Criminal 
     Procedure Act of 1970 (sec. 2-1605, D.C. Official Code) is 
     amended by adding at the end the following new subsection:
       ``(d) In carrying out the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2601 et seq.) with respect to employees of 
     the Service, the Director shall, notwithstanding any 
     provision of such Act, establish a paid parental leave 
     program for the leave described in subparagraphs (A) and (B) 
     of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) 
     (relating to leave provided in connection with the birth of a 
     child or the placement of a child for adoption or foster 
     care). In developing the terms and conditions for this 
     program, the Director may be guided by the terms and 
     conditions applicable to the provision of paid parental leave 
     for employees of the Federal Government under chapter 63 of 
     title 5, United States Code, and any corresponding 
     regulations.''.
       (2) Clarification of use of other leave in addition to 12 
     weeks as family and medical leave.--
       (A) Title 5.--Section 6382(a) of title 5, United States 
     Code, as amended by section 7602 of the National Defense 
     Authorization Act for Fiscal Year 2020, is amended--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by inserting ``(or, in the case of leave that includes 
     leave under subparagraph (A) or (B) of this paragraph, 12 
     administrative workweeks of leave plus any additional period 
     of leave used under subsection (d)(2)(B)(ii))'' after ``12 
     administrative workweeks of leave''; and
       (ii) in paragraph (4), by inserting ``(or 26 administrative 
     workweeks of leave plus any additional period of leave used 
     under subsection (d)(2)(B)(ii))'' after ``26 administrative 
     workweeks of leave''.
       (B) Congressional employees.--Section 202(a)(1) of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 
     1312(a)(1)), as amended by section 7603 of the National 
     Defense Authorization Act for Fiscal Year 2020, is amended--
       (i) in the second sentence, by inserting ``and in the case 
     of leave that includes leave for such an event, the period of 
     leave to which a covered employee is entitled under section 
     102(a)(1) of such Act shall be 12 administrative workweeks of 
     leave plus any additional period of leave used under 
     subsection (d)(2)(B) of this section'' before the period; and
       (ii) by striking the third sentence and inserting the 
     following: ``For purposes of applying section 102(a)(4) of 
     such Act, in the case of leave that includes leave under 
     subparagraph (A) or (B) of section 102(a)(1) of such Act, a 
     covered employee is entitled, under paragraphs (1) and (3) of 
     section 102(a) of such Act, to a combined total of 26 
     workweeks of leave plus any additional period of leave used 
     under subsection (d)(2)(B) of this section.''.
       (C) Other employees covered under the family and medical 
     leave act of 1993.--Section 102(a) of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2611(a)) is amended by adding at 
     the end the following:
       ``(6) Special rules on period of leave.--With respect to an 
     employee of the Government Accountability Office and an 
     employee of the Library of Congress--
       ``(A) in the case of leave that includes leave under 
     subparagraph (A) or (B) of paragraph (1), the employee shall 
     be entitled to 12 administrative workweeks of leave plus any 
     additional period of leave used under subsection 
     (d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 
     1312(d)(2)(B)), as the case may be; and
       ``(B) for purposes of paragraph (4), the employee is 
     entitled, under paragraphs (1) and (3), to a combined total 
     of 26 workweeks of leave plus, if applicable, any additional 
     period of leave used under subsection (d)(3)(B)(ii) of this 
     section or section 202(d)(2)(B) of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the 
     case may be.''.
       (3) Applicability.--The amendments made by this section 
     shall not be effective with respect to any birth or placement 
     occurring before October 1, 2020.
       (b) Paid Parental Leave for Presidential Employees.--
       (1) Amendments to chapter 5 of title 3, united states 
     code.--Section 412 of title 3, United States Code, is 
     amended--
       (A) in subsection (a)(1), by adding at the end the 
     following: ``In applying section 102 of such Act with respect 
     to leave for an event described in subsection (a)(1)(A) or 
     (B) of such section to covered employees, subsection (c) of 
     this section shall apply and in the case of leave that 
     includes leave for such an event, the period of leave to 
     which a covered employee is entitled under section 102(a)(1) 
     of such Act shall be 12 administrative workweeks of leave 
     plus any additional period of leave used under subsection 
     (c)(2)(B) of this section. For purposes of applying section 
     102(a)(4) of such Act, in the case of leave that includes 
     leave under subparagraph (A) or (B) of section 102(a)(1) of 
     such Act, a covered employee is entitled, under paragraphs 
     (1) and (3) of section 102(a) of such Act, to a combined 
     total of 26 workweeks of leave plus any additional period of 
     leave used under subsection (c)(2)(B) of this section.'';
       (B) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (C) by inserting after subsection (b) the following:
       ``(c) Special Rule for Paid Parental Leave.--
       ``(1) Substitution of paid leave.--A covered employee may 
     elect to substitute for any leave without pay under 
     subparagraph (A) or (B) of section 102(a)(1) of the Family 
     and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid 
     leave which is available to such employee for that purpose.
       ``(2) Amount of paid leave.--The paid leave that is 
     available to a covered employee for purposes of paragraph (1) 
     is--
       ``(A) the number of weeks of paid parental leave in 
     connection with the birth or placement involved that 
     corresponds to the number of administrative workweeks of paid 
     parental leave available to employees under section 
     6382(d)(2)(B)(i) of title 5, United States Code; and
       ``(B) during the 12-month period referred to in section 
     102(a)(1) of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2612(a)(1))

[[Page S3718]]

     and in addition to the administrative workweeks described in 
     subparagraph (A), any additional paid vacation, personal, 
     family, medical, or sick leave provided by the employing 
     office to such employee.
       ``(3) Limitation.--Nothing in this section or section 
     102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2612(d)(2)(A)) shall be considered to require or 
     permit an employing office to require that an employee first 
     use all or any portion of the leave described in paragraph 
     (2)(B) before being allowed to use the paid parental leave 
     described in paragraph (2)(A).
       ``(4) Additional rules.--Paid parental leave under 
     paragraph (2)(A)--
       ``(A) shall be payable from any appropriation or fund 
     available for salaries or expenses for positions within the 
     employing office;
       ``(B) if not used by the covered employee before the end of 
     the 12-month period (as referred to in section 102(a)(1) of 
     the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2612(a)(1))) to which it relates, shall not accumulate for 
     any subsequent use; and
       ``(C) shall apply without regard to the limitations in 
     subparagraph (E), (F), or (G) of section 6382(d)(2) of title 
     5, United States Code, or section 104(c)(2) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).''; and
       (D) in subsection (e)(1), as so redesignated, by striking 
     ``subsection (c)'' and inserting ``subsection (d)''.
       (2) Applicability.--The amendments made by this subsection 
     shall not be effective with respect to any birth or placement 
     occurring before October 1, 2020.
       (c) FAA and TSA.--
       (1) Application of federal fml.--
       (A) In general.--Section 40122(g)(2) of title 49, United 
     States Code, is amended--
       (i) in subparagraph (I)(iii), by striking ``and'' at the 
     end;
       (ii) in subparagraph (J), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(K) subchapter V of chapter 63, relating to family and 
     medical leave.''.
       (B) Applicability.--The amendments made by subparagraph (A) 
     shall not be effective with respect to any event for which 
     leave may be taken under subchapter V of chapter 63 of title 
     5, United States Code, occurring before October 1, 2020.
       (2) Corrections for tsa screeners.--Section 7606 of the 
     National Defense Authorization Act for Fiscal Year 2020 is 
     amended--
       (A) by striking ``Section 111(d)(2)'' and inserting the 
     following:
       ``(a) In General.--Section 111(d)(2)''; and
       (B) by adding at the end the following:
       ``(b) Effective Date; Application.--
       ``(1) In general.--The amendment made by subsection (a) 
     shall not be effective with respect to any event for which 
     leave may be taken under subchapter V of chapter 63 of title 
     5, United States Code, occurring before October 1, 2020.
       ``(2) Application to service requirement for eligibility.--
     For purposes of applying the period of service requirement 
     under subparagraph (B) of section 6381(1) to an individual 
     appointed under section 111(d)(1) of the Aviation and 
     Transportation Security Act (49 U.S.C. 44935 note), the 
     amendment made by subsection (a) of this section shall apply 
     with respect to any period of service by the individual under 
     such an appointment, including service before the effective 
     date of such amendment.''.
       (d) Title 38 Employees.--
       (1) In general.--Section 7425 of title 38, United States 
     Code, is amended--
       (A) in subsection (b), by striking ``Notwithstanding'' and 
     inserting ``Except as provided in subsection (c), and 
     notwithstanding''; and
       (B) by adding at the end the following:
       ``(c) Notwithstanding any other provision of this 
     subchapter, the Administration shall provide to individuals 
     appointed to any position described in section 7421(b) who 
     are employed by the Administration family and medical leave 
     in the same manner, to the maximum extent practicable, as 
     family and medical leave is provided under subchapter V of 
     chapter 63 of title 5 to employees, as defined in section 
     6381(1) of such title.''.
       (2) Applicability.--The amendments made by paragraph (1) 
     shall not be effective with respect to any event for which 
     leave may be taken under subchapter V of chapter 63 of title 
     5, United States Code, occurring before October 1, 2020.
       (e) Article I Judges.--
       (1) Bankruptcy judges.--Section 153(d) of title 28, United 
     States Code, is amended--
       (A) by striking ``A bankruptcy judge'' and inserting ``(1) 
     Except as provided in paragraph (2), a bankruptcy judge''; 
     and
       (B) by adding at the end the following:
       ``(2) The provisions of subchapter V of chapter 63 of title 
     5 shall apply to a bankruptcy judge as if the bankruptcy 
     judge were an employee (within the meaning of subparagraph 
     (A) of section 6381(1) of such title).''.
       (2) Magistrate judges.--Section 631(k) of title 28, United 
     States Code, is amended--
       (A) by striking ``A United States magistrate judge'' and 
     inserting ``(1) Except as provided in paragraph (2), a United 
     States magistrate judge''; and
       (B) by adding at the end the following:
       ``(2) The provisions of subchapter V of chapter 63 of title 
     5 shall apply to a United States magistrate judge as if the 
     United States magistrate judge were an employee (within the 
     meaning of subparagraph (A) of section 6381(1) of such 
     title).''.
       (f) Technical Corrections.--
       (1) Section 7605 of the National Defense Authorization Act 
     for Fiscal Year 2020 is amended by striking ``on active 
     duty'' each place it appears and inserting ``on covered 
     active duty''.
       (2) Subparagraph (E) of section 6382(d)(2) of title 5, 
     United States Code, as added by section 7602 of the National 
     Defense Authorization Act for Fiscal Year 2020, is amended by 
     striking ``the requirement to complete'' and all that follows 
     and inserting ``the service requirement under subparagraph 
     (B) of section 6381(1).''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect as if enacted immediately after the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2020.
                                 ______
                                 
  SA 2272. Mr. KAINE 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 VIII, add the following:

     SEC. 894. EXTENSION OF CARES ACT DEADLINE FOR FEDERAL 
                   CONTRACTORS TO MODIFY TERMS AND CONDITIONS OF 
                   CONTRACTS OR AGREEMENTS TO REIMBURSE PAID LEAVE 
                   A CONTRACTOR PROVIDES TO KEEP ITS EMPLOYEES OR 
                   SUBCONTRACTORS IN A READY STATE.

       Section 3610 of the CARES Act (Public Law 116-136) is 
     amended by striking ``September 30, 2020'' and inserting 
     ``December 31, 2020''.
                                 ______
                                 
  SA 2273. 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 section 806, add the following:
       (d) Medical Supply Chain Preparedness Measures.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Director of the Defense 
     Logistics Agency shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives--
       (A) the results of a study on contracts entered into by the 
     Director relating to health readiness of the Armed Forces to 
     assess--
       (i) the reliance by the Department of Defense on foreign 
     sources of active pharmaceutical ingredients, drugs, and 
     medical devices; and
       (ii) the redundancy planning of the Department to mitigate 
     shortages of drugs and medical devices; and
       (B) a list of critical drugs for the Department of Defense 
     compiled by the Director of the Defense Logistics Agency, in 
     coordination with the Director of the Defense Health Agency.
       (2) Definitions.--In this subsection:
       (A) Drug.--The term ``drug'' has the meaning given that 
     term in section 201 of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 321).
       (B) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in such section 201.
                                 ______
                                 
  SA 2274. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL BIODEFENSE STRATEGY UPDATES.

       (a) Updated Biodefense Threat Assessment.--
       (1) In general.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, the Secretary of 
     Defense, the Secretary of Agriculture, the Secretary of 
     Health and Human Services, and the Director of National 
     Intelligence, shall--
       (A) conduct an assessment of current and potential 
     biological threats against the United States, both naturally 
     occurring and man-made, either accidental or deliberate, 
     including the potential for catastrophic biological threats 
     on the scale of the COVID-19 pandemic or greater;
       (B) not later than 1 year after the date of enactment of 
     this section, submit the findings of the assessment conducted 
     under subparagraph (A) to the Federal officials described in 
     subsection (b)(1);
       (C) not later than 30 days of the date on which the 
     assessment is submitted under subparagraph (B), conduct a 
     briefing for the appropriate congressional committees on the 
     findings of the assessment;

[[Page S3719]]

       (D) update the assessment under subparagraph (A) biennially 
     as appropriate, and provide the findings of such updated 
     assessments to the Federal officials described in subsection 
     (b)(1); and
       (E) conduct briefings for the appropriate congressional 
     committees as needed any time an assessment under this 
     paragraph is updated.
       (2) Classification and format.--Assessments under paragraph 
     (1) shall be submitted in an unclassified format and include 
     a classified annex.
       (b) Updated Implementation Plan for National Biodefense 
     Strategy.--
       (1) In general.--The Secretary of Health and Human 
     Services, the Secretary of Defense, the Secretary of 
     Agriculture, the Secretary of Homeland Security, and all 
     other Departments and agencies with responsibilities for 
     biodefense, in consultation with the National Security 
     Advisor and Director of the Office of Management and Budget, 
     as appropriate, shall jointly--
       (A) consider the assessment in subsection (a);
       (B) seek input from relevant external stakeholders;
       (C) provide an updated comprehensive Implementation Plan 
     for the National Biodefense Strategy (referred to in this 
     section as the ``Strategy''), under section 1086 of the 
     National Defense Authorization Act for Fiscal Year 2017 (6 
     U.S.C. 104), which shall include--
       (i) short-, medium-, and long-term goals and objectives for 
     executing the Strategy;
       (ii) metrics for meeting each objective of the Strategy;
       (iii) the specific roles and responsibilities of each 
     relevant Federal agency in the execution of the Strategy;
       (iv) resource plans developed by each department and agency 
     with responsibility for biodefense to staff, support, and 
     sustain efforts to execute the Strategy within the 
     jurisdiction of such department or agency;
       (v) guidance on the decision-making process for individual 
     agency budgets and for identifying and enforcing enterprise-
     wide decisions and priorities under the Strategy;
       (vi) recommendations on methods for analyzing the data 
     collected from relevant agencies, including ensuring that 
     non-Federal resources and capabilities are accounted for in 
     analysis under the Strategy; and
       (vii) guidance for identifying biodefense allocations 
     within individual agency budget submissions to the Office of 
     Management and Budget, aligned with the objectives in the 
     Strategy; and
       (D) not later than 6 months after the date of the 
     completion of the assessment in subsection (a)(1)(A), submit 
     such Implementation Plan to the appropriate congressional 
     committees.
       (2) Classification and format.--Assessments under paragraph 
     (1) shall be submitted in an unclassified format and include 
     a classified annex, as appropriate.
       (c) Definition.--In this section, the term ``appropriate 
     congressional committees'' means those committees described 
     in section 1086(f) of the National Defense Authorization Act 
     for Fiscal Year 2017 (6 U.S.C. 104(f)) as well as the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives and the Select Committee on Intelligence of 
     the Senate.
                                 ______
                                 
  SA 2275. 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;
       (C) the Secretary of the Treasury;
       (D) the Secretary of Health and Human Services;
       (E) the Secretary of Commerce;

[[Page S3720]]

       (F) the Secretary of Transportation;
       (G) the Secretary of Energy;
       (H) the Administrator of the Small Business Administration; 
     and
       (I) 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) the Committee on Homeland Security of the House of 
     Representatives;
       (G) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (H) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (I) the Committee on Energy and Commerce of the House of 
     Representatives;
       (J) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (K) the Committee on Finance of the Senate;
       (L) the Committee on Financial Services of the House of 
     Representatives;
       (M) the Committee on Small Business and Entrepreneurship of 
     the Senate;
       (N) the Committee on Small Business of the House of 
     Representatives;
       (O) the Committee on Energy and Natural Resources of the 
     Senate;
       (P) the Committee on Environment and Public Works of the 
     Senate; and
       (Q) any other committee of the Senate or the House of 
     Representatives that has jurisdiction over the subject of the 
     plan.
       (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 2276. Mr. THUNE (for Mr. Toomey (for himself and Mr. Jones)) 
submitted an amendment intended to be proposed by Mr. Thune to the bill 
S. 4049, to authorize appropriations for fiscal year 2021 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1287. BLOCKING DEADLY FENTANYL IMPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Blocking Deadly Fentanyl Imports Act''.
       (b) Definitions.--Section 481(e) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2291(e)) is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``in which'';
       (B) in subparagraph (A), by inserting ``in which'' before 
     ``1,000'';
       (C) in subparagraph (B)--
       (i) by inserting ``in which'' before ``1,000''; and
       (ii) by striking ``or'' at the end;
       (D) in subparagraph (C)--
       (i) by inserting ``in which'' before ``5,000''; and
       (ii) by inserting ``or'' after the semicolon; and
       (E) by adding at the end the following:
       ``(D) that is a significant source of illicit synthetic 
     opioids significantly affecting the United States;''; and
       (2) in paragraph (4)--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(E) assistance that furthers the objectives set forth in 
     paragraphs (1) through (4) of section 664(b) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 
     2151n-2(b));
       ``(F) assistance to combat trafficking authorized under the 
     Victims of Trafficking and Violence Protection Act of 2000 
     (22 U.S.C. 7101 et seq.)); and
       ``(G) global health assistance authorized under sections 
     104 through 104C of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151b through 22 U.S.C. 2151b-4).''.
       (c) International Narcotics Control Strategy Report.--
     Section 489(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)) is amended by adding at the end the 
     following:
       ``(9) A separate section that contains the following:
       ``(A) An identification of the countries, to the extent 
     feasible, that are the most significant sources of illicit 
     fentanyl and fentanyl analogues significantly affecting the 
     United States during the preceding calendar year.
       ``(B) A description of the extent to which each country 
     identified pursuant to subparagraph (A) has cooperated with 
     the United States to prevent the articles or chemicals 
     described in subparagraph (A) from being exported from such 
     country to the United States.
       ``(C) A description of whether each country identified 
     pursuant to subparagraph (A) has adopted and utilizes 
     scheduling or other procedures for illicit drugs that are 
     similar in effect to the procedures authorized under title II 
     of the Controlled Substances Act (21 U.S.C. 811 et seq.) for 
     adding drugs and other substances to the controlled 
     substances schedules;
       ``(D) A description of whether each country identified 
     pursuant to subparagraph (A) is following steps to prosecute 
     individuals involved in the illicit manufacture or 
     distribution of controlled substance analogues (as defined in 
     section 102(32) of the Controlled Substances Act (21 U.S.C. 
     802(32)); and
       ``(E) A description of whether each country identified 
     pursuant to subparagraph (A) requires the registration of 
     tableting machines and encapsulating machines or other 
     measures similar in effect to the registration requirements 
     set forth in part 1310 of title 21, Code of Federal 
     Regulations, and has not made good faith efforts, in the 
     opinion of the Secretary, to improve regulation of tableting 
     machines and encapsulating machines.''.
       (d) Withholding of Bilateral and Multilateral Assistance.--
       (1) In general.--Section 490(a) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2291j(a)) is amended--
       (A) in paragraph (1), by striking ``or country identified 
     pursuant to clause (i) or (ii) of section 489(a)(8)(A) of 
     this Act'' and inserting ``country identified pursuant to 
     section 489(a)(8)(A), or country thrice identified during a 
     5-year period pursuant to section 489(a)(9)(A)''; and
       (B) in paragraph (2), by striking ``or major drug-transit 
     country (as determined under subsection (h)) or country 
     identified pursuant to clause (i) or (ii) of section 
     489(a)(8)(A) of this Act'' and inserting ``, major drug-
     transit country, country identified pursuant to section 
     489(a)(8)(A), or country thrice identified during a 5-year 
     period pursuant to section 489(a)(9)(A)''.
       (2) Designation of illicit fentanyl countries without 
     scheduling procedures.--Section 706(2) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 
     2291j-1(2)) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``also'';
       (B) in subparagraph (A)(ii), by striking ``and'' at the 
     end;
       (C) by redesignating subparagraph (B) as subparagraph (D);
       (D) by inserting after subparagraph (A) the following:
       ``(B) designate each country, if any, identified under 
     section 489(a)(9) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(9)) that has failed to adopt and utilize 
     scheduling procedures for illicit drugs that are comparable 
     to the procedures authorized under title II of the Controlled 
     Substances Act (21 U.S.C. 811 et seq.) for adding drugs and 
     other substances to the controlled substances schedules;''; 
     and
       (E) in subparagraph (D), as redesignated, by striking ``so 
     designated'' and inserting ``designated under subparagraph 
     (A), (B), or (C)''.

[[Page S3721]]

       (3) Designation of illicit fentanyl countries without 
     ability to prosecute criminals for the manufacture or 
     distribution of fentanyl analogues.--Section 706(2) of the 
     Foreign Relations Authorization Act, Fiscal Year 2003 (22 
     U.S.C. 2291j-1(2)), as amended by paragraph (2), is further 
     amended by inserting after subparagraph (B) the following:
       ``(C) designate each country, if any, identified under 
     section 489(a)(9) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(9)) that has not taken significant steps to 
     prosecute individuals involved in the illicit manufacture or 
     distribution of controlled substance analogues (as defined in 
     section 102(32) of the Controlled Substances Act (21 U.S.C. 
     802(32));''.
       (4) Limitation on assistance for designated countries.--
     Section 706(3) of the Foreign Relations Authorization Act, 
     Fiscal Year 2003 (22 U.S.C. 2291j-1(3)) is amended by 
     striking ``also designated under paragraph (2) in the 
     report'' and inserting ``designated in the report under 
     paragraph (2)(A) or thrice designated during a 5-year period 
     in the report under subparagraph (B) or (C) of paragraph 
     (2)''.
       (5) Exception to the limitation on assistance.--Section 
     706(5) of the Foreign Relations Authorization Act, Fiscal 
     Year 2003 (22 U.S.C. 2291j-1(5)) is amended--
       (A) by redesignating subparagraph (C) as subparagraph (F);
       (B) by inserting after subparagraph (B) the following:
       ``(C) Notwithstanding paragraph (3), assistance to promote 
     democracy (as described in section 481(e)(4)(E) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(E))) 
     shall be provided to countries identified in a report under 
     paragraph (1) and designated under subparagraph (B) or (C) of 
     paragraph (2), to the extent such countries are otherwise 
     eligible for such assistance, regardless of whether the 
     President reports to the appropriate congressional committees 
     in accordance with such paragraph.
       ``(D) Notwithstanding paragraph (3), assistance to combat 
     trafficking (as described in section 481(e)(4)(F) of such 
     Act) shall be provided to countries identified in a report 
     under paragraph (1) and designated under subparagraph (B) or 
     (C) of paragraph (2), to the extent such countries are 
     otherwise eligible for such assistance, regardless of whether 
     the President reports to the appropriate congressional 
     committees in accordance with such paragraph.
       ``(E) Notwithstanding paragraph (3), global health 
     assistance (as described in section 481(e)(4)(G) of such Act) 
     shall be provided to countries identified in a report under 
     paragraph (1) and designated under subparagraph (B) or (C) of 
     paragraph (2), to the extent such countries are otherwise 
     eligible for such assistance, regardless of whether the 
     President reports to the appropriate congressional committees 
     in accordance with such paragraph''; and
       (C) in subparagraph (F), as redesignated, by striking 
     ``section clause (i) or (ii) of'' and inserting ``clause (i) 
     or (ii) of section''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 2277. Mr. THUNE (for Mr. Toomey (for himself and Mr. Van Hollen)) 
submitted an amendment intended to be proposed by Mr. Thune 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:

       After title XVI, insert the following:

                   TITLE XVII--HONG KONG AUTONOMY ACT

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Hong Kong Autonomy Act''.

     SEC. 1702. DEFINITIONS.

       In this title:
       (1) Alien; national; national of the united states.--The 
     terms ``alien'', ``national'', and ``national of the United 
     States'' have the meanings given those terms in section 101 
     of the Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees and leadership.--
     The term ``appropriate congressional committees and 
     leadership'' means--
       (A) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on the Judiciary, the 
     Select Committee on Intelligence, and the majority leader and 
     the minority leader of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Foreign Affairs, the 
     Committee on Homeland Security, the Committee on the 
     Judiciary, the Permanent Select Committee on Intelligence, 
     and the Speaker and the minority leader of the House of 
     Representatives.
       (3) Basic law.--The term ``Basic Law'' means the Basic Law 
     of the Hong Kong Special Administrative Region of the 
     People's Republic of China.
       (4) China.--The term ``China'' means the People's Republic 
     of China.
       (5) Entity.--The term ``entity'' means a partnership, joint 
     venture, association, corporation, organization, network, 
     group, or subgroup, or any other form of business 
     collaboration.
       (6) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     section 5312(a)(2) of title 31, United States Code.
       (7) Hong kong.--The term ``Hong Kong'' means the Hong Kong 
     Special Administrative Region of the People's Republic of 
     China.
       (8) Joint declaration.--The term ``Joint Declaration'' 
     means the Joint Declaration of the Government of the United 
     Kingdom of Great Britain and Northern Ireland and the 
     Government of the People's Republic of China on the Question 
     of Hong Kong, done at Beijing on December 19, 1984.
       (9) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge of the conduct, the circumstance, or the 
     result.
       (10) Person.--The term ``person'' means an individual or 
     entity.
       (11) United states person.--The term ``United States 
     person'' means--
       (A) any citizen or national of the United States;
       (B) any alien lawfully admitted for permanent residence in 
     the United States;
       (C) any entity organized under the laws of the United 
     States or any jurisdiction within the United States 
     (including a foreign branch of such an entity); or
       (D) any person located in the United States.

     SEC. 1703. FINDINGS.

       Congress makes the following findings:
       (1) The Joint Declaration and the Basic Law clarify certain 
     obligations and promises that the Government of China has 
     made with respect to the future of Hong Kong.
       (2) The obligations of the Government of China under the 
     Joint Declaration were codified in a legally-binding treaty, 
     signed by the Government of the United Kingdom of Great 
     Britain and Northern Ireland and registered with the United 
     Nations.
       (3) The obligations of the Government of China under the 
     Basic Law originate from the Joint Declaration, were passed 
     into the domestic law of China by the National People's 
     Congress, and are widely considered by citizens of Hong Kong 
     as part of the de facto legal constitution of Hong Kong.
       (4) Foremost among the obligations of the Government of 
     China to Hong Kong is the promise that, pursuant to Paragraph 
     3b of the Joint Declaration, ``the Hong Kong Special 
     Administrative Region will enjoy a high degree of autonomy, 
     except in foreign and defence affairs which are the 
     responsibilities of the Central People's Government''.
       (5) The obligation specified in Paragraph 3b of the Joint 
     Declaration is referenced, reinforced, and extrapolated on in 
     several portions of the Basic Law, including Articles 2, 12, 
     13, 14, and 22.
       (6) Article 22 of the Basic Law establishes that ``No 
     department of the Central People's Government and no 
     province, autonomous region, or municipality directly under 
     the Central Government may interfere in the affairs which the 
     Hong Kong Special Administrative Region administers on its 
     own in accordance with this Law.''.
       (7) The Joint Declaration and the Basic Law make clear that 
     additional obligations shall be undertaken by China to ensure 
     the ``high degree of autonomy'' of Hong Kong.
       (8) Paragraph 3c of the Joint Declaration states, as 
     reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic 
     Law, that Hong Kong ``will be vested with executive, 
     legislative and independent judicial power, including that of 
     final adjudication''.
       (9) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (8) of this section, 
     including the following:
       (A) In 1999, the Standing Committee of the National 
     People's Congress overruled a decision by the Hong Kong Court 
     of Final Appeal on the right of abode.
       (B) On multiple occasions, the Government of Hong Kong, at 
     the advice of the Government of China, is suspected to have 
     not allowed persons entry into Hong Kong allegedly because of 
     their support for democracy and human rights in Hong Kong and 
     China.
       (C) The Liaison Office of China in Hong Kong has, despite 
     restrictions on interference in the affairs of Hong Kong as 
     detailed in Article 22 of the Basic Law--
       (i) openly expressed support for candidates in Hong Kong 
     for Chief Executive and Legislative Council;
       (ii) expressed views on various policies for the Government 
     of Hong Kong and other internal matters relating to Hong 
     Kong; and
       (iii) on April 17, 2020, asserted that both the Liaison 
     Office of China in Hong Kong and the Hong Kong and Macau 
     Affairs Office of the State Council ``have the right to 
     exercise supervision . . . on affairs regarding Hong Kong and 
     the mainland, in order to ensure correct implementation of 
     the Basic Law''.
       (D) The National People's Congress has passed laws 
     requiring Hong Kong to pass laws banning disrespectful 
     treatment of the national flag and national anthem of China.
       (E) The State Council of China released a white paper on 
     June 10, 2014, that stressed the ``comprehensive 
     jurisdiction'' of the Government of China over Hong Kong and 
     indicated that Hong Kong must be governed by ``patriots''.

[[Page S3722]]

       (F) The Government of China has directed operatives to 
     kidnap and bring to the mainland, or is otherwise responsible 
     for the kidnapping of, residents of Hong Kong, including 
     businessman Xiao Jianhua and bookseller Gui Minhai.
       (G) The Government of Hong Kong, acting with the support of 
     the Government of China, introduced an extradition bill that 
     would have permitted the Government of China to request and 
     enforce extradition requests for any individual present in 
     Hong Kong, regardless of the legality of the request or the 
     degree to which it compromised the judicial independence of 
     Hong Kong.
       (H) The spokesman for the Standing Committee of the 
     National People's Congress said, ``Whether Hong Kong's laws 
     are consistent with the Basic Law can only be judged and 
     decided by the National People's Congress Standing Committee. 
     No other authority has the right to make judgments and 
     decisions.''.
       (10) Paragraph 3e of the Joint Declaration states, as 
     reinforced by Article 5 of the Basic Law, that the ``current 
     social and economic systems in Hong Kong will remain 
     unchanged, as so will the life-style.''.
       (11) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (10) of this 
     section, including the following:
       (A) In 2002, the Government of China pressured the 
     Government of Hong Kong to introduce ``patriotic'' curriculum 
     in primary and secondary schools.
       (B) The governments of China and Hong Kong proposed the 
     prohibition of discussion of Hong Kong independence and self-
     determination in primary and secondary schools, which 
     infringes on freedom of speech.
       (C) The Government of Hong Kong mandated that Mandarin, and 
     not the native language of Cantonese, be the language of 
     instruction in Hong Kong schools.
       (D) The governments of China and Hong Kong agreed to a 
     daily quota of mainland immigrants to Hong Kong, which is 
     widely believed by citizens of Hong Kong to be part of an 
     effort to ``mainlandize'' Hong Kong.
       (12) Paragraph 3e of the Joint Declaration states, as 
     reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34, 
     and 39 of the Basic Law, that the ``rights and freedoms, 
     including those of person, of speech, of the press, of 
     assembly, of association, of travel, of movement, of 
     correspondence, of strike, of choice of occupation, of 
     academic research and of religious belief will be ensured by 
     law'' in Hong Kong.
       (13) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (12) of this 
     section, including the following:
       (A) On February 26, 2003, the Government of Hong Kong 
     introduced a national security bill that would have placed 
     restrictions on freedom of speech and other protected rights.
       (B) The Liaison Office of China in Hong Kong has pressured 
     businesses in Hong Kong not to advertise in newspapers and 
     magazines critical of the governments of China and Hong Kong.
       (C) The Hong Kong Police Force selectively blocked 
     demonstrations and protests expressing opposition to the 
     governments of China and Hong Kong or the policies of those 
     governments.
       (D) The Government of Hong Kong refused to renew work visa 
     for a foreign journalist, allegedly for hosting a speaker 
     from the banned Hong Kong National Party.
       (E) The Justice Department of Hong Kong selectively 
     prosecuted cases against leaders of the Umbrella Movement, 
     while failing to prosecute police officers accused of using 
     excessive force during the protests in 2014.
       (F) On April 18, 2020, the Hong Kong Police Force arrested 
     14 high-profile democracy activists and campaigners for their 
     role in organizing a protest march that took place on August 
     18, 2019, in which almost 2,000,000 people rallied against a 
     proposed extradition bill.
       (14) Articles 45 and 68 of the Basic Law assert that the 
     selection of Chief Executive and all members of the 
     Legislative Council of Hong Kong should be by ``universal 
     suffrage.''.
       (15) On multiple occasions, the Government of China has 
     undertaken actions that have contravened the letter or intent 
     of the obligation described in paragraph (14) of this 
     section, including the following:
       (A) In 2004, the National People's Congress created new, 
     antidemocratic procedures restricting the adoption of 
     universal suffrage for the election of the Chief Executive of 
     Hong Kong.
       (B) The decision by the National People's Congress on 
     December 29, 2007, which ruled out universal suffrage in 2012 
     elections and set restrictions on when and if universal 
     suffrage will be implemented.
       (C) The decision by the National People's Congress on 
     August 31, 2014, which placed limits on the nomination 
     process for the Chief Executive of Hong Kong as a condition 
     for adoption of universal suffrage.
       (D) On November 7, 2016, the National People's Congress 
     interpreted Article 104 of the Basic Law in such a way to 
     disqualify 6 elected members of the Legislative Council.
       (E) In 2018, the Government of Hong Kong banned the Hong 
     Kong National Party and blocked the candidacy of pro-
     democracy candidates.
       (16) The ways in which the Government of China, at times 
     with the support of a subservient Government of Hong Kong, 
     has acted in contravention of its obligations under the Joint 
     Declaration and the Basic Law, as set forth in this section, 
     are deeply concerning to the people of Hong Kong, the United 
     States, and members of the international community who 
     support the autonomy of Hong Kong.

     SEC. 1704. SENSE OF CONGRESS REGARDING HONG KONG.

       It is the sense of Congress that--
       (1) the United States continues to uphold the principles 
     and policy established in the United States-Hong Kong Policy 
     Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human 
     Rights and Democracy Act of 2019 (Public Law 116-76; 22 
     U.S.C. 5701 note), which remain consistent with China's 
     obligations under the Joint Declaration and certain 
     promulgated objectives under the Basic Law, including that--
       (A) as set forth in section 101(1) of the United States-
     Hong Kong Policy Act of 1992 (22 U.S.C. 5711(1)), ``The 
     United States should play an active role, before, on, and 
     after July 1, 1997, in maintaining Hong Kong's confidence and 
     prosperity, Hong Kong's role as an international financial 
     center, and the mutually beneficial ties between the people 
     of the United States and the people of Hong Kong.''; and
       (B) as set forth in section 2(5) of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5701(5)), ``Support for 
     democratization is a fundamental principle of United States 
     foreign policy. As such, it naturally applies to United 
     States policy toward Hong Kong. This will remain equally true 
     after June 30, 1997.'';
       (2) although the United States recognizes that, under the 
     Joint Declaration, the Government of China ``resumed the 
     exercise of sovereignty over Hong Kong with effect on 1 July 
     1997'', the United States supports the autonomy of Hong Kong 
     in furtherance of the United States-Hong Kong Policy Act of 
     1992 and the Hong Kong Human Rights and Democracy Act of 2019 
     and advances the desire of the people of Hong Kong to 
     continue the ``one country, two systems'' regime, in addition 
     to other obligations promulgated by China under the Joint 
     Declaration and the Basic Law;
       (3) in order to support the benefits and protections that 
     Hong Kong has been afforded by the Government of China under 
     the Joint Declaration and the Basic Law, the United States 
     should establish a clear and unambiguous set of penalties 
     with respect to foreign persons determined by the Secretary 
     of State, in consultation with the Secretary of the Treasury, 
     to be involved in the contravention of the obligations of 
     China under the Joint Declaration and the Basic Law and the 
     financial institutions transacting with those foreign 
     persons;
       (4) the Secretary of State should provide an unclassified 
     assessment of the reason for imposition of certain economic 
     penalties on entities, so as to permit a clear path for the 
     removal of economic penalties if the sanctioned behavior is 
     reversed and verified by the Secretary of State;
       (5) relevant Federal agencies should establish a 
     multilateral sanctions regime with respect to foreign persons 
     involved in the contravention of the obligations of China 
     under the Joint Declaration and the Basic Law; and
       (6) in addition to the penalties on foreign persons, and 
     financial institutions transacting with those foreign 
     persons, for the contravention of the obligations of China 
     under the Joint Declaration and the Basic Law, the United 
     States should take steps, in a time of crisis, to assist 
     permanent residents of Hong Kong who are persecuted or fear 
     persecution as a result of the contravention by China of its 
     obligations under the Joint Declaration and the Basic Law to 
     become eligible to obtain lawful entry into the United 
     States.

     SEC. 1705. IDENTIFICATION OF FOREIGN PERSONS INVOLVED IN THE 
                   EROSION OF THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW AND FOREIGN 
                   FINANCIAL INSTITUTIONS THAT CONDUCT SIGNIFICANT 
                   TRANSACTIONS WITH THOSE PERSONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, if the Secretary of State, in 
     consultation with the Secretary of the Treasury, determines 
     that a foreign person is materially contributing to, has 
     materially contributed to, or attempts to materially 
     contribute to the failure of the Government of China to meet 
     its obligations under the Joint Declaration or the Basic Law, 
     the Secretary of State shall submit to the appropriate 
     congressional committees and leadership a report that 
     includes--
       (1) an identification of the foreign person; and
       (2) a clear explanation for why the foreign person was 
     identified and a description of the activity that resulted in 
     the identification.
       (b) Identifying Foreign Financial Institutions.--Not 
     earlier than 30 days and not later than 60 days after the 
     Secretary of State submits to the appropriate congressional 
     committees and leadership the report under subsection (a), 
     the Secretary of the Treasury, in consultation with the 
     Secretary of State, shall submit to the appropriate 
     congressional committees and leadership a report that 
     identifies any foreign financial institution that knowingly 
     conducts a significant transaction with a foreign person 
     identified in the report under subsection (a).
       (c) Exclusion of Certain Information.--

[[Page S3723]]

       (1) Intelligence.--The Secretary of State shall not 
     disclose the identity of a person in a report submitted under 
     subsection (a) or (b), or an update under subsection (e), if 
     the Director of National Intelligence determines that such 
     disclosure could compromise an intelligence operation, 
     activity, source, or method of the United States.
       (2) Law enforcement.--The Secretary of State shall not 
     disclose the identity of a person in a report submitted under 
     subsection (a) or (b), or an update under subsection (e), if 
     the Attorney General, in coordination, as appropriate, with 
     the Director of the Federal Bureau of Investigation, the head 
     of any other appropriate Federal law enforcement agency, and 
     the Secretary of the Treasury, determines that such 
     disclosure could reasonably be expected--
       (A) to compromise the identity of a confidential source, 
     including a State, local, or foreign agency or authority or 
     any private institution that furnished information on a 
     confidential basis;
       (B) to jeopardize the integrity or success of an ongoing 
     criminal investigation or prosecution;
       (C) to endanger the life or physical safety of any person; 
     or
       (D) to cause substantial harm to physical property.
       (3) Notification required.--If the Director of National 
     Intelligence makes a determination under paragraph (1) or the 
     Attorney General makes a determination under paragraph (2), 
     the Director or the Attorney General, as the case may be, 
     shall notify the appropriate congressional committees and 
     leadership of the determination and the reasons for the 
     determination.
       (d) Exclusion or Removal of Foreign Persons and Foreign 
     Financial Institutions.--
       (1) Foreign persons.--The President may exclude a foreign 
     person from the report under subsection (a), or an update 
     under subsection (e), or remove a foreign person from the 
     report or update prior to the imposition of sanctions under 
     section 1706(a) if the material contribution (as described in 
     subsection (g)) that merited inclusion in that report or 
     update--
       (A) does not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (B) is not likely to be repeated in the future; and
       (C) has been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign person.
       (2) Foreign financial institutions.--The President may 
     exclude a foreign financial institution from the report under 
     subsection (b), or an update under subsection (e), or remove 
     a foreign financial institution from the report or update 
     prior to the imposition of sanctions under section 1707(a) if 
     the significant transaction or significant transactions of 
     the foreign financial institution that merited inclusion in 
     that report or update--
       (A) does not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (B) is not likely to be repeated in the future; and
       (C) has been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign financial 
     institution.
       (3) Notification required.--If the President makes a 
     determination under paragraph (1) or (2) to exclude or remove 
     a foreign person or foreign financial institution from a 
     report under subsection (a) or (b), as the case may be, the 
     President shall notify the appropriate congressional 
     committees and leadership of the determination and the 
     reasons for the determination.
       (e) Update of Reports.--
       (1) In general.--Each report submitted under subsections 
     (a) and (b) shall be updated in an ongoing manner and, to the 
     extent practicable, updated reports shall be resubmitted with 
     the annual report under section 301 of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5731).
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to terminate the requirement to update the 
     reports under subsections (a) and (b) upon the termination of 
     the requirement to submit the annual report under section 301 
     of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 
     5731).
       (f) Form of Reports.--
       (1) In general.--Each report under subsection (a) or (b) 
     (including updates under subsection (e)) shall be submitted 
     in unclassified form and made available to the public.
       (2) Classified annex.--The explanations and descriptions 
     included in the report under subsection (a)(2) (including 
     updates under subsection (e)) may be expanded on in a 
     classified annex.
       (g) Material Contributions Related to Obligations of China 
     Described.--For purposes of this section, a foreign person 
     materially contributes to the failure of the Government of 
     China to meet its obligations under the Joint Declaration or 
     the Basic Law if the person--
       (1) took action that resulted in the inability of the 
     people of Hong Kong--
       (A) to enjoy freedom of assembly, speech, press, or 
     independent rule of law; or
       (B) to participate in democratic outcomes; or
       (2) otherwise took action that reduces the high degree of 
     autonomy of Hong Kong.

     SEC. 1706. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT 
                   CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW.

       (a) Imposition of Sanctions.--
       (1) In general.--On and after the date on which a foreign 
     person is included in the report under section 1705(a) or an 
     update to that report under section 1705(e), the President 
     may impose sanctions described in subsection (b) with respect 
     to that foreign person.
       (2) Mandatory sanctions.--Not later than one year after the 
     date on which a foreign person is included in the report 
     under section 1705(a) or an update to that report under 
     section 1705(e), the President shall impose sanctions 
     described in subsection (b) with respect to that foreign 
     person.
       (b) Sanctions Described.--The sanctions described in this 
     subsection with respect to a foreign person are the 
     following:
       (1) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, or exporting any property that is 
     subject to the jurisdiction of the United States and with 
     respect to which the foreign person has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (2) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of a foreign person who 
     is an individual, the President may direct the Secretary of 
     State to deny a visa to, and the Secretary of Homeland 
     Security to exclude from the United States, the foreign 
     person, subject to regulatory exceptions 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.

     SEC. 1707. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL 
                   INSTITUTIONS THAT CONDUCT SIGNIFICANT 
                   TRANSACTIONS WITH FOREIGN PERSONS THAT 
                   CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE 
                   JOINT DECLARATION OR THE BASIC LAW.

       (a) Imposition of Sanctions.--
       (1) Initial sanctions.--Not later than one year after the 
     date on which a foreign financial institution is included in 
     the report under section 1705(b) or an update to that report 
     under section 1705(e), the President shall impose not fewer 
     than 5 of the sanctions described in subsection (b) with 
     respect to that foreign financial institution.
       (2) Expanded sanctions.--Not later than two years after the 
     date on which a foreign financial institution is included in 
     the report under section 1705(b) or an update to that report 
     under section 1705(e), the President shall impose each of the 
     sanctions described in subsection (b).
       (b) Sanctions Described.--The sanctions described in this 
     subsection with respect to a foreign financial institution 
     are the following:
       (1) Loans from united states financial institutions.--The 
     United States Government may prohibit any United States 
     financial institution from making loans or providing credits 
     to the foreign financial institution.
       (2) Prohibition on designation as primary dealer.--Neither 
     the Board of Governors of the Federal Reserve System nor the 
     Federal Reserve Bank of New York may designate, or permit the 
     continuation of any prior designation of, the foreign 
     financial institution as a primary dealer in United States 
     Government debt instruments.
       (3) Prohibition on service as a repository of government 
     funds.--The foreign financial institution may not serve as 
     agent of the United States Government or serve as repository 
     for United States Government funds.
       (4) Foreign exchange.--The President may, pursuant to such 
     regulations as the President may prescribe, prohibit any 
     transactions in foreign exchange that are subject to the 
     jurisdiction of the United States and involve the foreign 
     financial institution.
       (5) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve the foreign 
     financial institution.
       (6) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, or exporting any property that is 
     subject to the jurisdiction of the United States and with 
     respect to which the foreign financial institution has any 
     interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (7) Restriction on exports, reexports, and transfers.--The 
     President, in consultation with the Secretary of Commerce, 
     may

[[Page S3724]]

     restrict or prohibit exports, reexports, and transfers (in-
     country) of commodities, software, and technology subject to 
     the jurisdiction of the United States directly or indirectly 
     to the foreign financial institution.
       (8) Ban on investment in equity or debt.--The President 
     may, pursuant to such regulations or guidelines as the 
     President may prescribe, prohibit any United States person 
     from investing in or purchasing significant amounts of equity 
     or debt instruments of the foreign financial institution.
       (9) Exclusion of corporate officers.--The President may 
     direct the Secretary of State, in consultation with the 
     Secretary of the Treasury and the Secretary of Homeland 
     Security, to exclude from the United States any alien that is 
     determined to be a corporate officer or principal of, or a 
     shareholder with a controlling interest in, the foreign 
     financial institution, subject to regulatory exceptions 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.
       (10) Sanctions on principal executive officers.--The 
     President may impose on the principal executive officer or 
     officers of the foreign financial institution, or on 
     individuals performing similar functions and with similar 
     authorities as such officer or officers, any of the sanctions 
     described in paragraphs (1) through (8) that are applicable.
       (c) Timing of Sanctions.--The President may impose 
     sanctions required under subsection (a) with respect to a 
     financial institution included in the report under section 
     1705(b) or an update to that report under section 1705(e) 
     beginning on the day on which the financial institution is 
     included in that report or update.

     SEC. 1708. WAIVER, TERMINATION, EXCEPTIONS, AND CONGRESSIONAL 
                   REVIEW PROCESS.

       (a) National Security Waiver.--Unless a disapproval 
     resolution is enacted under subsection (d), the President may 
     waive the application of sanctions under section 1706 or 1707 
     with respect to a foreign person or foreign financial 
     institution if the President--
       (1) determines that the waiver is in the national security 
     interest of the United States; and
       (2) submits to the appropriate congressional committees and 
     leadership a report on the determination and the reasons for 
     the determination.
       (b) Termination of Sanctions and Removal From Report.--
     Unless a disapproval resolution is enacted under subsection 
     (d), the President may terminate the application of sanctions 
     under section 1706 or 1707 with respect to a foreign person 
     or foreign financial institution and remove the foreign 
     person from the report required under section 1705(a) or the 
     foreign financial institution from the report required under 
     section 1705(b), as the case may be, if the Secretary of 
     State, in consultation with the Secretary of the Treasury, 
     determines that the actions taken by the foreign person or 
     foreign financial institution that led to the imposition of 
     sanctions--
       (1) do not have a significant and lasting negative effect 
     that contravenes the obligations of China under the Joint 
     Declaration and the Basic Law;
       (2) are not likely to be repeated in the future; and
       (3) have been reversed or otherwise mitigated through 
     positive countermeasures taken by that foreign person or 
     foreign financial institution.
       (c) Termination of Act.--
       (1) Report.--
       (A) In general.--Not later than July 1, 2046, the 
     President, in consultation with the Secretary of State, the 
     Secretary of the Treasury, and the heads of such other 
     Federal agencies as the President considers appropriate, 
     shall submit to Congress a report evaluating the 
     implementation of this title and sanctions imposed pursuant 
     to this title.
       (B) Elements.--The President shall include in the report 
     submitted under subparagraph (A) an assessment of whether 
     this title and the sanctions imposed pursuant to this title 
     should be terminated.
       (2) Termination.--This title and the sanctions imposed 
     pursuant to this title shall remain in effect unless a 
     termination resolution is enacted under subsection (e) after 
     July 1, 2047.
       (d) Congressional Review.--
       (1) Resolutions.--
       (A) Disapproval resolution.--In this section, the term 
     ``disapproval resolution'' means only a joint resolution of 
     either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     disapproving the waiver or termination of sanctions with 
     respect to a foreign person that contravenes the obligations 
     of China with respect to Hong Kong or a foreign financial 
     institution that conducts a significant transaction with that 
     person.''; and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``Congress disapproves of the action under 
     section 1708 of the Hong Kong Autonomy Act relating to the 
     application of sanctions imposed with respect to a foreign 
     person that contravenes the obligations of China with respect 
     to Hong Kong, or a foreign financial institution that 
     conducts a significant transaction with that person, on 
     _______ relating to ________.'', with the first blank space 
     being filled with the appropriate date and the second blank 
     space being filled with a short description of the proposed 
     action.
       (B) Termination resolution.--In this section, the term 
     ``termination resolution'' means only a joint resolution of 
     either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     terminating sanctions with respect to foreign persons that 
     contravene the obligations of China with respect to Hong Kong 
     and foreign financial institutions that conduct significant 
     transactions with those persons.''; and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``The Hong Kong Autonomy Act and any sanctions 
     imposed pursuant to that Act shall terminate on ____.'', with 
     the blank space being filled with the termination date.
       (C) Covered resolution.--In this subsection, the term 
     ``covered resolution'' means a disapproval resolution or a 
     termination resolution.
       (2) Introduction.--A covered resolution may be introduced--
       (A) in the House of Representatives, by the majority leader 
     or the minority leader; and
       (B) in the Senate, by the majority leader (or the majority 
     leader's designee) or the minority leader (or the minority 
     leader's designee).
       (3) Floor consideration in house of representatives.--If a 
     committee of the House of Representatives to which a covered 
     resolution has been referred has not reported the resolution 
     within 10 calendar days after the date of referral, that 
     committee shall be discharged from further consideration of 
     the resolution.
       (4) Consideration in the senate.--
       (A) Committee referral.--
       (i) Disapproval resolution.--A disapproval resolution 
     introduced in the Senate shall be--

       (I) referred to the Committee on Banking, Housing, and 
     Urban Affairs if the resolution relates to an action that is 
     not intended to significantly alter United States foreign 
     policy with regard to China; and
       (II) referred to the Committee on Foreign Relations if the 
     resolution relates to an action that is intended to 
     significantly alter United States foreign policy with regard 
     to China.

       (ii) Termination resolution.--A termination resolution 
     introduced in the Senate shall be referred to the Committee 
     on Banking, Housing, and Urban Affairs and the Committee on 
     Foreign Relations.
       (B) Reporting and discharge.--If a committee to which a 
     covered resolution was referred has not reported the 
     resolution within 10 calendar days after the date of referral 
     of the resolution, that committee shall be discharged from 
     further consideration of the resolution and the resolution 
     shall be placed on the appropriate calendar.
       (C) Proceeding to consideration.--Notwithstanding Rule XXII 
     of the Standing Rules of the Senate, it is in order at any 
     time after the Committee on Banking, Housing, and Urban 
     Affairs or the Committee on Foreign Relations, as the case 
     may be, reports a covered resolution to the Senate or has 
     been discharged from consideration of such a resolution (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     resolution, and all points of order against the resolution 
     (and against consideration of the resolution) are waived. The 
     motion to proceed is not debatable. The motion is not subject 
     to a motion to postpone. A motion to reconsider the vote by 
     which the motion is agreed to or disagreed to shall not be in 
     order.
       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a covered resolution shall be decided without 
     debate.
       (E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a covered resolution, 
     including all debatable motions and appeals in connection 
     with the resolution, shall be limited to 10 hours, to be 
     equally divided between, and controlled by, the majority 
     leader and the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate resolution in house.--In the House 
     of Representatives, the following procedures shall apply to a 
     covered resolution received from the Senate (unless the House 
     has already passed a resolution relating to the same proposed 
     action):
       (i) The resolution shall be referred to the appropriate 
     committees.
       (ii) If a committee to which a resolution has been referred 
     has not reported the resolution within 2 calendar days after 
     the date of referral, that committee shall be discharged from 
     further consideration of the resolution.
       (iii) Beginning on the third legislative day after each 
     committee to which a resolution has been referred reports the 
     resolution to the House or has been discharged from further 
     consideration thereof, it shall be in order to move to 
     proceed to consider the resolution in the House. All points 
     of order against the motion are waived. Such a motion shall 
     not be in order after the House has disposed of a motion to 
     proceed on the resolution. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion. The motion shall not be debatable. A 
     motion to reconsider the vote by which the motion is disposed 
     of shall not be in order.

[[Page S3725]]

       (iv) The resolution shall be considered as read. All points 
     of order against the resolution and against its consideration 
     are waived. The previous question shall be considered as 
     ordered on the resolution to final passage without 
     intervening motion except 2 hours of debate equally divided 
     and controlled by the sponsor of the resolution (or a 
     designee) and an opponent. A motion to reconsider the vote on 
     passage of the resolution shall not be in order.
       (B) Treatment of house resolution in senate.--
       (i) Received before passage of senate resolution.--If, 
     before the passage by the Senate of a covered resolution, the 
     Senate receives an identical resolution from the House of 
     Representatives, the following procedures shall apply:

       (I) That resolution shall not be referred to a committee.
       (II) With respect to that resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the resolution from 
     the House of Representatives.
       (ii) Received after passage of senate resolution.--If, 
     following passage of a covered resolution in the Senate, the 
     Senate receives an identical resolution from the House of 
     Representatives, that resolution shall be placed on the 
     appropriate Senate calendar.
       (iii) No senate companion.--If a covered resolution is 
     received from the House of Representatives, and no companion 
     resolution has been introduced in the Senate, the Senate 
     procedures under this subsection shall apply to the 
     resolution from the House of Representatives.
       (C) Application to revenue measures.--The provisions of 
     this paragraph shall not apply in the House of 
     Representatives to a covered resolution that is a revenue 
     measure.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 1709. IMPLEMENTATION; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to the extent necessary to carry out this title.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     section 1706 or 1707 or any regulation, license, or order 
     issued to carry out that section shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.

     SEC. 1710. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed as an 
     authorization of military force against China.

     SEC. 1711. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authorities and requirements to impose 
     sanctions under this title shall not include the authority or 
     requirement to impose sanctions on the importation of goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply, 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.
                                 ______
                                 
  SA 2278. 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 appropriate place in title II, insert the following:

     SEC. ___. SECRETARY OF DEFENSE BRIEFING ON POWERED 
                   EXOSKELETONS AND HUMAN CONTROLLED ROBOTS FOR 
                   HEAVY LIFT SUSTAINMENT TASKS.

       Not later than March 1, 2021, the Secretary of Defense 
     shall provide to Congress a briefing on the research and 
     development efforts of the Department of Defense for the use 
     of full-body, autonomously powered exoskeletons and semi-
     autonomous or tele-operated single or dual-armed, human 
     controlled robots used for heavy lift sustainment tasks.
                                 ______
                                 
  SA 2279. 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 appropriate place, insert the following:

     SEC. ___. REPORT ON EMERGING TECHNOLOGIES FOR THE 
                   DEMILITARIZATION OF UNSERVICEABLE AMMUNITION 
                   OVERSEAS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Army shall submit to Congress 
     a report setting forth an assessment of various emerging 
     technologies for the demilitarization of unserviceable 
     ammunition overseas the use of which could result in savings 
     by avoiding the expense of the transportation of such 
     ammunition to the United States for demilitarization.
                                 ______
                                 
  SA 2280. Mr. LEE (for himself and Mr. Johnson) 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 234.
       Strike section 1083.
                                 ______
                                 
  SA 2281. Mr. HOEVEN (for himself, Mr. Udall, Mr. Barrasso, Ms. 
Murkowski, Ms. McSally, Mr. Tester, Mr. Schatz, Mr. Cramer, Ms. Smith, 
and Mr. Daines) submitted an amendment intended to be proposed by him 
to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

 DIVISION E--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                            REAUTHORIZATION

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2020''.

     SEC. 5102. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project at the time of environmental review, 
     the Indian tribe of the recipient may assume, in addition to 
     all of the responsibilities for environmental review, 
     decision making, and action under subsection (a), all of the 
     additional responsibilities for environmental review, 
     decision making, and action under provisions of law that 
     would apply to each Federal agency providing additional 
     funding were the Federal agency to carry out the project as a 
     Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--
       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and
       ``(B) that the certifying officer consents to assume the 
     status of a responsible Federal official under the provisions 
     of law that would apply to each Federal agency providing 
     additional funding under paragraph (1).
       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under this subsection shall assume sole 
     liability for the content and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to

[[Page S3726]]

     carry out the responsibilities of the Indian tribe as 
     described in subsection (a) or paragraph (1), as applicable, 
     the Secretary or other head, as applicable, may impose 
     appropriate remedies and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2021 through 2031''.

     SEC. 5104. STUDENT HOUSING ASSISTANCE.

       Section 202(3) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is 
     amended by inserting ``including education-related stipends, 
     college housing assistance, and other education-related 
     assistance for low-income college students,'' after ``self-
     sufficiency and other services,''.

     SEC. 5105. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR 
                   OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED 
                   HOUSING ENTITY.

       Section 203(a)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is 
     amended by inserting ``owned or operated by a recipient and'' 
     after ``residing in a dwelling unit''.

     SEC. 5106. PROGRAM REQUIREMENTS.

       Section 203(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as 
     amended by section 5) is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following:
       ``(2) Application of tribal policies.--Paragraph (3) shall 
     not apply if--
       ``(A) the recipient has a written policy governing rents 
     and homebuyer payments charged for dwelling units; and
       ``(B) that policy includes a provision governing maximum 
     rents or homebuyer payments, including tenant protections.''; 
     and
       (4) in paragraph (3) (as so redesignated), by striking ``In 
     the case of'' and inserting ``In the absence of a written 
     policy governing rents and homebuyer payments, in the case 
     of''.

     SEC. 5107. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is 
     amended by striking ``$5,000'' and inserting ``$10,000''.

     SEC. 5108. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c)--
       (A) by striking ``The provisions'' and inserting the 
     following:
       ``(1) In general.--The provisions''; and
       (B) by adding at the end the following:
       ``(2) Applicability to improvements.--The provisions of 
     subsection (a)(2) regarding binding commitments for the 
     remaining useful life of property shall not apply to 
     improvements of privately owned homes if the cost of the 
     improvements do not exceed 10 percent of the maximum total 
     development cost for the home.''.

     SEC. 5109. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
     adding at the end the following:
       ``(c) Notice of Termination.--The notice period described 
     in subsection (a)(3) shall apply to projects and programs 
     funded in part by amounts authorized under this Act.''.

     SEC. 5110. INDIAN HEALTH SERVICE.

       (a) In General.--Subtitle A of title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

       ``Notwithstanding any other provision of law, the Director 
     of the Indian Health Service, or a recipient receiving 
     funding for a housing construction or renovation project 
     under this title, may use funding from the Indian Health 
     Service for the construction of sanitation facilities under 
     that project.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (Public Law 104-330; 110 Stat. 
     4016) is amended by inserting after the item relating to 
     section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

     SEC. 5111. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

       Section 401(a)(4) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``may take an action 
     described in paragraph (1)(C)'' and inserting ``may 
     immediately take an action described in paragraph (1)(C)''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Procedural requirements.--
       ``(i) In general.--If the Secretary takes an action 
     described in subparagraph (A), the Secretary shall provide 
     notice to the recipient at the time that the Secretary takes 
     that action.
       ``(ii) Notice requirements.--The notice under clause (i) 
     shall inform the recipient that the recipient may request a 
     hearing by not later than 30 days after the date on which the 
     Secretary provides the notice.
       ``(iii) Hearing requirements.--A hearing requested under 
     clause (ii) shall be conducted--

       ``(I) in accordance with subpart A of part 26 of title 24, 
     Code of Federal Regulations (or successor regulations); and
       ``(II) to the maximum extent practicable, on an expedited 
     basis.

       ``(iv) Failure to conduct a hearing.--If a hearing 
     requested under clause (ii) is not completed by the date that 
     is 180 days after the date on which the recipient requests 
     the hearing, the action of the Secretary to limit the 
     availability of payments shall no longer be effective.''.

     SEC. 5112. REPORTS TO CONGRESS.

       Section 407 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Indian Affairs and the Committee on 
     Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives''; and
       (2) by adding at the end the following:
       ``(c) Public Availability.--The report described in 
     subsection (a) shall be made publicly available, including to 
     recipients.''.

     SEC. 5113. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

       Section 702 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
       (1) in the section heading, by striking ``50-year'' and 
     inserting ``99-year'';
       (2) in subsection (b), by striking ``50 years'' and 
     inserting ``99 years''; and
       (3) in subsection (c)(2), by striking ``50 years'' and 
     inserting ``99 years''.

     SEC. 5114. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end and inserting ``such 
     sums as may be necessary for each of fiscal years 2021 
     through 2031.''.

     SEC. 5115. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

       Affordable housing (as defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103)) that is developed, acquired, or 
     assisted under the block grant program established under 
     section 101 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4111) shall not 
     exceed by more than 20 percent, without prior approval of the 
     Secretary of Housing and Urban Development, the total 
     development cost maximum cost for all housing assisted under 
     an affordable housing activity, including development and 
     model activities.

     SEC. 5116. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-based Development Organizations.--
       ``(1) Definition.--In this subsection, the term `tribally 
     designated housing entity' has the meaning given the term in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(2) Qualification.--An Indian tribe, a tribally 
     designated housing entity, or a tribal organization shall 
     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a)(1).''.

     SEC. 5117. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
                   COUNSELING GRANTS.

       Section 106(a)(4) of the Housing and Urban Development Act 
     of 1968 (12 U.S.C. 1701x(a)(4)) is amended--

[[Page S3727]]

       (1) in subparagraph (A)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting before the period at the end the 
     following: ``, Indian tribes, and tribally designated housing 
     entities'';
       (2) in subparagraph (B), by inserting ``, Indian tribes, 
     and tribally designated housing entities'' after 
     ``organizations)'';
       (3) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) Definitions.--In this paragraph, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).''.

     SEC. 5118. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184(b)(4) of the Housing and 
     Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) 
     is amended by--
       (1) redesignating subparagraphs (A) through (D) as clauses 
     (i) through (iv), respectively, and adjusting the margins 
     accordingly;
       (2) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (3) in subparagraph (A), as so designated, by adding at the 
     end the following:
       ``(v) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (4) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a 
     mortgage guaranteed through a direct guarantee process under 
     this subparagraph was not originated in accordance with the 
     requirements established by the Secretary, the Secretary may 
     require the lender approved under this subparagraph to 
     indemnify the Secretary for the loss, irrespective of whether 
     the violation caused the mortgage default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a direct guarantee process 
     under this subparagraph, the Secretary shall require the 
     original lender approved under this subparagraph to indemnify 
     the Secretary for the loss regardless of when an insurance 
     claim is paid.

       ``(C) Review of mortgagees.--
       ``(i) In general.--The Secretary may periodically review 
     the mortgagees originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(ii) Requirements.--In conducting a review under clause 
     (i), the Secretary--

       ``(I) shall compare the mortgagee with other mortgagees 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed mortgage loans originated, underwritten, or 
     serviced by that mortgagee;
       ``(II) may compare the mortgagee with such other mortgagees 
     based on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the Secretary;

       ``(iii) shall implement such comparisons by regulation, 
     notice, or mortgagee letter; and

       ``(I) may terminate the approval of a mortgagee to 
     originate, underwrite, or service loan guarantees for housing 
     under this section if the Secretary determines that the 
     mortgage loans originated, underwritten, or serviced by the 
     mortgagee present an unacceptable risk to the Indian Housing 
     Loan Guarantee Fund established under subsection (i)--

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2021 through 2031.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2021 through 2031''.

     SEC. 5119. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (c)(4)(B)--
       (A) by redesignating clause (iv) as clause (v); and
       (B) by adding after clause (iii) the following:
       ``(iv) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (2) in subsection (j)(5)(B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2021 through 2031.''.

     SEC. 5120. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY 
                   DESIGNATED HOUSING ENTITIES IN CONTINUUM OF 
                   CARE PROGRAM.

       (a) In General.--Title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11360 et seq.) is amended--
       (1) in section 401(8) (42 U.S.C. 11360(8)), by inserting 
     ``Indian reservations and trust land,'' after 
     ``nonentitlement area,''; and
       (2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at 
     the end the following:

     ``SEC. 435. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY 
                   DESIGNATED HOUSING ENTITIES.

       ``Notwithstanding any other provision of this title, for 
     purposes of this subtitle, an Indian tribe or tribally 
     designated housing entity (as defined in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103)) may--
       ``(1) be a collaborative applicant or eligible entity; or
       ``(2) receive grant amounts from another entity that 
     receives a grant directly from the Secretary, and use the 
     amounts in accordance with this subtitle.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 101(b) of the McKinney-Vento Homeless 
     Assistance Act (Public Law 100-77; 101 Stat. 482) is amended 
     by inserting after the item relating to section 434 the 
     following:

``Sec. 435. Participation of Indian tribes and tribally designated 
              housing entities.''.

     SEC. 5121. ASSISTANT SECRETARY FOR INDIAN HOUSING.

       The Department of Housing and Urban Development Act (42 
     U.S.C. 3531 et seq.) is amended--
       (1) in section 4 (42 U.S.C. 3533)--
       (A) in subsection (a)(1), by striking ``7'' and inserting 
     ``8''; and
       (B) in subsection (e)--
       (i) by redesignating paragraph (2) as paragraph (4); and
       (ii) by striking ``(e)(1)(A) There'' and all that follows 
     through the end of paragraph (1) and inserting the following:
       ``(e)(1) There is established within the Department the 
     Office of Native American Programs (in this subsection 
     referred to as the `Office') to be headed by an Assistant 
     Secretary for Native American Programs (in this subsection 
     referred to as the `Assistant Secretary'), who shall be 1 of 
     the Assistant Secretaries in subsection (a)(1).
       ``(2) The Assistant Secretary shall be responsible for--
       ``(A) administering, in coordination with the relevant 
     office in the Department, the provision of housing assistance 
     to Indian tribes or Indian housing authorities under each 
     program of the Department that provides for such assistance;
       ``(B) administering the community development block grant 
     program for Indian tribes under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
     and the provision of assistance to Indian tribes under such 
     Act;
       ``(C) directing, coordinating, and assisting in managing 
     any regional offices of the Department that administer Indian 
     programs to the extent of such programs; and
       ``(D) coordinating all programs of the Department relating 
     to Indian and Alaska Native housing and community 
     development.
       ``(3) The Secretary shall include in the annual report 
     under section 8 a description of the extent of the housing 
     needs for Indian families and community development needs of 
     Indian tribes in the United States and the activities of the 
     Department, and extent of such activities, in meeting such 
     needs.''; and
       (2) in section 8 (42 U.S.C. 3536), by striking ``section 
     4(e)(2)'' and inserting ``section 4(e)(4)''.

     SEC. 5122. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may make grants under 
     this section to recipients of assistance under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-
     related and violent crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;

[[Page S3728]]

       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing projects funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents; and
       (8) sports programs and sports activities that serve 
     primarily youths from housing projects funded through and are 
     operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those projects.
       (d) Applications.--
       (1) In general.--To receive a grant under this subsection, 
     an eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section among public housing agencies, 
     including provisions used to provide for renewals of ongoing 
     programs funded under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under section are not used to fund baseline 
     local government services, as described in subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall cause to 
     be published in the Federal Register not less frequently than 
     annually a notice of all grant awards made pursuant to 
     section, which shall identify the grantees and the amount of 
     the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, which may include the 
     use of on-site monitoring, independent public audit 
     requirements, certification by tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2), entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section, and any applicable enforcement 
     authority provided to the Secretary under the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2021 through 2031 to carry out this section.

     SEC. 5123. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(D) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a rental 
     assistance and supported housing program, to be known as the 
     `Tribal HUD-VASH program', in conjunction with the Secretary 
     of Veterans Affairs, by awarding grants for the benefit of 
     eligible Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design

[[Page S3729]]

     of the Program to ensure the effective delivery of rental 
     assistance and supportive services to eligible Indian 
     veterans under the Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this subparagraph, and every 5 years thereafter, 
     the Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee on Indian, Insular and Alaska 
     Native Affairs of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the regulations described in item (aa) as 
     a barrier to implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.

     SEC. 5124. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     division or the amendments made by this division may be used 
     for purposes of meeting matching or cost participation 
     requirements under any other Federal or non-Federal program, 
     provided that such grants made pursuant to the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) are spent in accordance with 
     that Act.
                                 ______
                                 
  SA 2282. 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. SENSE OF THE SENATE ON IMPORTANCE OF THE NUCLEAR 
                   FORCES OF THE UNITED STATES.

       It is the sense of the Senate that--
       (1) United States Strategic Command, its subordinate 
     commands, and the forces of the Air Force and Navy assigned 
     to nuclear missions, should be commended for the prudent, 
     timely, and comprehensive action taken to protect the health 
     and safety of their members from the coronavirus disease 2019 
     (commonly referred to as ``COVID-19'');
       (2) modernized nuclear forces of the United States are 
     critical for long-term strategic competition; and
       (3) the complete nuclear modernization program should 
     remain a top priority, including modernization of the nuclear 
     triad, supporting infrastructure, and nuclear command, 
     control, and communications systems, as described in the 2018 
     Nuclear Posture Review.
                                 ______
                                 
  SA 2283. Ms. COLLINS (for herself, Mr. Heinrich, and Ms. Smith) 
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__. BETTER ENERGY STORAGE TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Energy storage system.--The term ``energy storage 
     system'' means any system, equipment, facility, or technology 
     that--
       (A) is capable of absorbing or converting energy, storing 
     the energy for a period of time, and dispatching the energy; 
     and
       (B)(i) uses mechanical, electrochemical, thermal, 
     electrolysis, or other processes to convert and store 
     electric energy that was generated at an earlier time for use 
     at a later time; or
       (ii) stores energy in an electric, thermal, or gaseous 
     state for direct use for heating or cooling at a later time 
     in a manner that avoids the need to use electricity or other 
     fuel sources at that later time, such as a grid-enabled water 
     heater.
       (3) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Energy Storage System Research, Development, and 
     Deployment Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     program, to be known as the ``Energy Storage System Research, 
     Development, and Deployment Program'' (referred to in this 
     subsection as the ``program'').
       (2) Initial program objectives.--The program shall focus on 
     research, development, and deployment of--
       (A) energy storage systems designed to further the 
     development of technologies--
       (i) for large-scale commercial deployment;
       (ii) for deployment at cost targets established by the 
     Secretary;
       (iii) for hourly and subhourly durations required to 
     provide reliability services to the grid;
       (iv) for daily durations, which have--

       (I) the capacity to discharge energy for a minimum of 6 
     hours; and
       (II) a system lifetime of at least 20 years under regular 
     operation;

       (v) for weekly or monthly durations, which have--

       (I) the capacity to discharge energy for 10 to 100 hours, 
     at a minimum; and
       (II) a system lifetime of at least 20 years under regular 
     operation; and

       (vi) for seasonal durations, which have--

       (I) the capability to address seasonal variations in supply 
     and demand; and
       (II) a system lifetime of at least 20 years under regular 
     operation;

       (B) distributed energy storage technologies and 
     applications, including building-grid integration;
       (C) transportation energy storage technologies and 
     applications, including vehicle-grid integration;
       (D) cost-effective systems and methods for--
       (i) the reclamation, recycling, and disposal of energy 
     storage materials, including lithium, cobalt, nickel, and 
     graphite; and
       (ii) the reuse and repurposing of energy storage system 
     technologies;
       (E) advanced control methods for energy storage systems;
       (F) pumped hydroelectric energy storage systems to 
     advance--
       (i) adoption of innovative technologies, including--

       (I) adjustable-speed, ternary, and other new pumping and 
     generating equipment designs;
       (II) modular systems;
       (III) closed-loop systems, including mines and quarries; 
     and
       (IV) other critical equipment and materials for pumped 
     hydroelectric energy storage, as determined by the Secretary; 
     and

       (ii) reductions of equipment costs, civil works costs, and 
     construction times for pumped hydroelectric energy storage 
     projects, with the goal of reducing those costs by 50 
     percent;
       (G) models and tools to demonstrate the benefits of energy 
     storage to--
       (i) power and water supply systems;
       (ii) electric generation portfolio optimization; and
       (iii) expanded deployment of other renewable energy 
     technologies, including in hybrid energy storage systems; and
       (H) energy storage use cases from individual and 
     combination technology applications, including value from 
     various-use cases and energy storage services.
       (3) Testing and validation.--In coordination with 1 or more 
     National Laboratories, the Secretary shall accelerate the 
     development, standardized testing, and validation of energy 
     storage systems under the program

[[Page S3730]]

     by developing testing and evaluation methodologies for--
       (A) storage technologies, controls, and power electronics 
     for energy storage systems under a variety of operating 
     conditions;
       (B) standardized and grid performance testing for energy 
     storage systems, materials, and technologies during each 
     stage of development, beginning with the research stage and 
     ending with the deployment stage;
       (C) reliability, safety, and durability testing under 
     standard and evolving duty cycles; and
       (D) accelerated life testing protocols to predict estimated 
     lifetime metrics with accuracy.
       (4) Periodic evaluation of program objectives.--Not less 
     frequently than once every calendar year, the Secretary shall 
     evaluate and, if necessary, update the program objectives to 
     ensure that the program continues to advance energy storage 
     systems toward widespread commercial deployment by lowering 
     the costs and increasing the duration of energy storage 
     resources.
       (5) Energy storage strategic plan.--
       (A) In general.--The Secretary shall develop a 10-year 
     strategic plan for the program, and update the plan, in 
     accordance with this paragraph.
       (B) Contents.--The strategic plan developed under 
     subparagraph (A) shall--
       (i) be coordinated with and integrated across other 
     relevant offices in the Department;
       (ii) to the extent practicable, include metrics that can be 
     used to evaluate storage technologies;
       (iii) identify Department programs that--

       (I) support the research and development activities 
     described in paragraph (2) and the demonstration projects 
     under subsection (c); and
       (II)(aa) do not support the activities or projects 
     described in subclause (I); but
       (bb) are important to the development of energy storage 
     systems and the mission of the Department, as determined by 
     the Secretary;

       (iv) include expected timelines for--

       (I) the accomplishment of relevant objectives under current 
     programs of the Department relating to energy storage 
     systems; and
       (II) the commencement of any new initiatives within the 
     Department relating to energy storage systems to accomplish 
     those objectives; and

       (v) incorporate relevant activities described in the Grid 
     Modernization Initiative Multi-Year Program Plan.
       (C) Submission to congress.--Not later than 180 days 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 Committees on Energy and Commerce and Science, 
     Space, and Technology of the House of Representatives the 
     strategic plan developed under subparagraph (A).
       (D) Updates to plan.--The Secretary--
       (i) shall annually review the strategic plan developed 
     under subparagraph (A); and
       (ii) may periodically revise the strategic plan as 
     appropriate.
       (6) Leveraging of resources.--The program may be led by a 
     specific office of the Department, but shall be cross-cutting 
     in nature, so that in carrying out activities under the 
     program, the Secretary (or a designee of the Secretary 
     charged with leading the program) shall leverage existing 
     Federal resources, including, at a minimum, the expertise and 
     resources of--
       (A) the Office of Electricity Delivery and Energy 
     Reliability;
       (B) the Office of Energy Efficiency and Renewable Energy, 
     including the Water Power Technologies Office; and
       (C) the Office of Science, including--
       (i) the Basic Energy Sciences Program;
       (ii) the Advanced Scientific Computing Research Program;
       (iii) the Biological and Environmental Research Program; 
     and
       (D) the Electricity Storage Research Initiative established 
     under section 975 of the Energy Policy Act of 2005 (42 U.S.C. 
     16315).
       (7) Protecting privacy and security.--In carrying out this 
     subsection, the Secretary shall identify, incorporate, and 
     follow best practices for protecting the privacy of 
     individuals and businesses and the respective sensitive data 
     of the individuals and businesses, including by managing 
     privacy risk and implementing the Fair Information Practice 
     Principles of the Federal Trade Commission for the 
     collection, use, disclosure, and retention of individual 
     electric consumer information in accordance with the Office 
     of Management and Budget Circular A-130 (or successor 
     circulars).
       (c) Energy Storage Demonstration Projects; Pilot Grant 
     Program.--
       (1) Demonstration projects.--Not later than September 30, 
     2023, the Secretary shall, to the maximum extent practicable, 
     enter into agreements to carry out not fewer than 5 energy 
     storage system demonstration projects, including at least 1 
     energy storage system demonstration project designed to 
     further the development of technologies described in clause 
     (v) or (vi) of subsection (b)(2)(A).
       (2) Energy storage pilot grant program.--
       (A) Definition of eligible entity.--In this paragraph, the 
     term ``eligible entity'' means--
       (i) a State energy office (as defined in section 124(a) of 
     the Energy Policy Act of 2005 (42 U.S.C. 15821(a)));
       (ii) an Indian tribe (as defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103);
       (iii) a tribal organization (as defined in section 3765 of 
     title 38, United States Code);
       (iv) an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001));
       (v) an electric utility, including--

       (I) an electric cooperative;
       (II) a political subdivision of a State, such as a 
     municipally owned electric utility, or any agency, authority, 
     corporation, or instrumentality of a State political 
     subdivision; and
       (III) an investor-owned utility; and

       (vi) a private energy storage company.
       (B) Establishment.--The Secretary shall establish a 
     competitive grant program under which the Secretary shall 
     award grants to eligible entities to carry out demonstration 
     projects for pilot energy storage systems.
       (C) Selection requirements.--In selecting eligible entities 
     to receive a grant under subparagraph (B), the Secretary 
     shall, to the maximum extent practicable--
       (i) ensure regional diversity among eligible entities 
     awarded grants, including ensuring participation of eligible 
     entities that are rural States and States with high energy 
     costs;
       (ii) ensure that grants are awarded for demonstration 
     projects that--

       (I) expand on the existing technology demonstration 
     programs of the Department;
       (II) are designed to achieve 1 or more of the objectives 
     described in subparagraph (D); and
       (III) inject or withdraw energy from the bulk power system, 
     electric distribution system, building energy system, or 
     microgrid (grid-connected or islanded mode) where the project 
     is located; and

       (iii) give consideration to proposals from eligible 
     entities for securing energy storage through competitive 
     procurement or contract for service.
       (D) Objectives.--Each demonstration project carried out by 
     a grant awarded under subparagraph (B) shall have 1 or more 
     of the following objectives:
       (i) To improve the security of critical infrastructure and 
     emergency response systems.
       (ii) To improve the reliability of transmission and 
     distribution systems, particularly in rural areas, including 
     high-energy-cost rural areas.
       (iii) To optimize transmission or distribution system 
     operation and power quality to defer or avoid costs of 
     replacing or upgrading electric grid infrastructure, 
     including transformers and substations.
       (iv) To supply energy at peak periods of demand on the 
     electric grid or during periods of significant variation of 
     electric grid supply.
       (v) To reduce peak loads of homes and businesses.
       (vi) To improve and advance power conversion systems.
       (vii) To provide ancillary services for grid stability and 
     management.
       (viii) To integrate renewable energy resource production.
       (ix) To increase the feasibility of microgrids (grid-
     connected or islanded mode).
       (x) To enable the use of stored energy in forms other than 
     electricity to support the natural gas system and other 
     industrial processes.
       (xi) To integrate fast charging of electric vehicles.
       (xii) To improve energy efficiency.
       (3) Reports.--Not less frequently than once every 2 years 
     for the duration of the programs under paragraphs (1) and 
     (2), the Secretary shall submit to Congress and make publicly 
     available a report describing the performance of those 
     programs.
       (4) No project ownership interest.--The Federal Government 
     shall not hold any equity or other ownership interest in any 
     energy storage system that is part of a project under this 
     subsection unless the holding is agreed to by each 
     participant of the project.
       (d) Technical and Planning Assistance Program.--
       (1) Definitions.--In this subsection:
       (A) Eligible entity.--The term ``eligible entity'' means--
       (i) an electric cooperative;
       (ii) a political subdivision of a State, such as a 
     municipally owned electric utility, or any agency, authority, 
     corporation, or instrumentality of a State political 
     subdivision;
       (iii) a not-for-profit entity that is in a partnership with 
     not less than 6 entities described in clause (i) or (ii); and
       (iv) an investor-owned utility.
       (B) Program.--The term ``program'' means the technical and 
     planning assistance program established under paragraph 
     (2)(A).
       (2) Establishment.--
       (A) In general.--The Secretary shall establish a technical 
     and planning assistance program to assist eligible entities 
     in identifying, evaluating, planning, designing, and 
     developing processes to procure energy storage systems.
       (B) Assistance and grants.--Under the program, the 
     Secretary shall--
       (i) provide technical and planning assistance, including 
     disseminating information, directly to eligible entities; and

[[Page S3731]]

       (ii) award grants to eligible entities to contract to 
     obtain technical and planning assistance from outside 
     experts.
       (C) Focus.--In carrying out the program, the Secretary 
     shall focus on energy storage system projects that have the 
     greatest potential for--
       (i) strengthening the reliability and resiliency of energy 
     infrastructure;
       (ii) reducing the cost of energy storage systems;
       (iii) improving the feasibility of microgrids (grid-
     connected or islanded mode), particularly in rural areas, 
     including high energy cost rural areas;
       (iv) reducing consumer electricity costs; or
       (v) maximizing local job creation.
       (3) Technical and planning assistance.--
       (A) In general.--Technical and planning assistance provided 
     under the program shall include assistance with 1 or more of 
     the following activities relating to energy storage systems:
       (i) Identification of opportunities to use energy storage 
     systems.
       (ii) Feasibility studies to assess the potential for 
     development of new energy storage systems or improvement of 
     existing energy storage systems.
       (iii) Assessment of technical and economic characteristics, 
     including a cost-benefit analysis.
       (iv) Utility interconnection.
       (v) Permitting and siting issues.
       (vi) Business planning and financial analysis.
       (vii) Engineering design.
       (viii) Resource adequacy planning.
       (ix) Resilience planning and valuation.
       (B) Exclusion.--Technical and planning assistance provided 
     under the program shall not be used to pay any person for 
     influencing or attempting to influence an officer or employee 
     of any Federal, State, or local agency, a Member of Congress, 
     an employee of a Member of Congress, a State or local 
     legislative body, or an employee of a State or local 
     legislative body.
       (4) Information dissemination.--The information 
     disseminated under paragraph (2)(B)(i) shall include--
       (A) information relating to the topics described in 
     paragraph (3)(A), including case studies of successful 
     examples;
       (B) computational tools or software for assessment, design, 
     and operation and maintenance of energy storage systems;
       (C) public databases that track existing and planned energy 
     storage systems;
       (D) best practices for the utility and grid operator 
     business processes associated with the topics described in 
     paragraph (3)(A); and
       (E) relevant State policies or regulations associated with 
     the topics described in paragraph (3)(A).
       (5) Applications.--
       (A) In general.--The Secretary shall seek applications for 
     the program--
       (i) on a competitive, merit-reviewed basis; and
       (ii) on a periodic basis, but not less frequently than once 
     every 12 months.
       (B) Application.--An eligible entity desiring to apply for 
     the program shall submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including whether the eligible 
     entity is applying for--
       (i) direct technical or planning assistance under paragraph 
     (2)(B)(i); or
       (ii) a grant under paragraph (2)(B)(ii).
       (C) Priorities.--In selecting eligible entities for 
     technical and planning assistance under the program, the 
     Secretary shall give priority to eligible entities described 
     in clauses (i) and (ii) of paragraph (1)(A).
       (6) Reports.--The Secretary shall submit to Congress and 
     make available to the public--
       (A) not less frequently than once every 2 years, a report 
     describing the performance of the program, including a 
     synthesis and analysis of any information the Secretary 
     requires grant recipients to provide to the Secretary as a 
     condition of receiving a grant; and
       (B) on termination of the program, an assessment of the 
     success of, and education provided by, the measures carried 
     out by eligible entities under the program.
       (7) Cost-sharing.--Activities under this subsection shall 
     be subject to the cost-sharing requirements under section 988 
     of the Energy Policy Act of 2005 (42 U.S.C. 16352).
       (e) Energy Storage Materials Recycling Prize Competition.--
     Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
     16396) is amended by adding at the end the following:
       ``(g) Energy Storage Materials Recycling Prize 
     Competition.--
       ``(1) Definition of critical energy storage materials.--In 
     this subsection, the term `critical energy storage materials' 
     includes--
       ``(A) lithium;
       ``(B) cobalt;
       ``(C) nickel;
       ``(D) graphite; and
       ``(E) any other material determined by the Secretary to be 
     critical to the continued growing supply of energy storage 
     resources.
       ``(2) Prize authority.--
       ``(A) In general.--As part of the program established under 
     subsection (a), the Secretary shall establish an award 
     program, to be known as the `Energy Storage Materials 
     Recycling Prize Competition' (referred to in this subsection 
     as the `program'), under which the Secretary shall carry out 
     prize competitions and make awards to advance the recycling 
     of critical energy storage materials.
       ``(B) Frequency.--To the maximum extent practicable, the 
     Secretary shall carry out a competition under the program not 
     less frequently than once every calendar year.
       ``(3) Eligibility.--
       ``(A) In general.--To be eligible to win a prize under the 
     program, an individual or entity--
       ``(i) shall have complied with the requirements of the 
     competition as described in the announcement for that 
     competition published in the Federal Register by the 
     Secretary under paragraph (6);
       ``(ii) in the case of a private entity, shall be 
     incorporated in the United States and maintain a primary 
     place of business in the United States;
       ``(iii) in the case of an individual, whether participating 
     singly or in a group, shall be a citizen of, or an alien 
     lawfully admitted for permanent residence in, the United 
     States.
       ``(B) Exclusions.--The following entities and individuals 
     shall not be eligible to win a prize under the program:
       ``(i) A Federal entity.
       ``(ii) A Federal employee (including an employee of a 
     National Laboratory) acting within the scope of employment.
       ``(4) Awards.--In carrying out the program, the Secretary 
     shall award cash prizes, in amounts to be determined by the 
     Secretary, to each individual or entity selected through a 
     competitive process to develop advanced methods or 
     technologies to recycle critical energy storage materials 
     from energy storage systems.
       ``(5) Criteria.--
       ``(A) In general.--The Secretary shall establish objective, 
     merit-based criteria for awarding the prizes in each 
     competition carried out under the program.
       ``(B) Requirements.--The criteria established under 
     subparagraph (A) shall prioritize advancements in methods or 
     technologies that present the greatest potential for large-
     scale commercial deployment.
       ``(C) Consultation.--In establishing criteria under 
     subparagraph (A), the Secretary shall consult with 
     appropriate members of private industry involved in the 
     commercial deployment of energy storage systems.
       ``(6) Advertising and solicitation of competitors.--
       ``(A) In general.--The Secretary shall announce each prize 
     competition under the program by publishing a notice in the 
     Federal Register.
       ``(B) Requirements.--Each notice published under 
     subparagraph (A) shall describe the essential elements of the 
     competition, such as--
       ``(i) the subject of the competition;
       ``(ii) the duration of the competition;
       ``(iii) the eligibility requirements for participation in 
     the competition;
       ``(iv) the process for participants to register for the 
     competition;
       ``(v) the amount of the prize; and
       ``(vi) the criteria for awarding the prize.
       ``(7) Judges.--
       ``(A) In general.--For each prize competition under the 
     program, the Secretary shall assemble a panel of qualified 
     judges to select the winner or winners of the competition on 
     the basis of the criteria established under paragraph (5).
       ``(B) Selection.--The judges for each competition shall 
     include appropriate members of private industry involved in 
     the commercial deployment of energy storage systems.
       ``(C) Conflicts.--An individual may not serve as a judge in 
     a prize competition under the program if the individual, the 
     spouse of the individual, any child of the individual, or any 
     other member of the household of the individual--
       ``(i) has a personal or financial interest in, or is an 
     employee, officer, director, or agent of, any entity that is 
     a registered participant in the prize competition for which 
     the individual will serve as a judge; or
       ``(ii) has a familial or financial relationship with a 
     registered participant in the prize competition for which the 
     individual will serve as a judge.
       ``(8) Report to congress.--Not later than 60 days after the 
     date on which the first prize is awarded under the program, 
     and annually thereafter, the Secretary shall submit to 
     Congress a report that--
       ``(A) identifies each award recipient;
       ``(B) describes the advanced methods or technologies 
     developed by each award recipient; and
       ``(C) specifies actions being taken by the Department 
     toward commercial application of all methods or technologies 
     with respect to which a prize has been awarded under the 
     program.
       ``(9) Anti-deficiency act.--The Secretary shall carry out 
     the program in accordance with section 1341 of title 31, 
     United States Code (commonly referred to as the `Anti-
     Deficiency Act').
       ``(10) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for fiscal year 2021.''.
       (f) Regulatory Actions to Encourage Energy Storage 
     Deployment.--
       (1) Definitions.--In this subsection:
       (A) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (B) Electric storage resource.--The term ``electric storage 
     resource'' means a resource capable of receiving electric 
     energy from the grid and storing that electric energy for 
     later injection back into the grid.
       (2) Regulatory action.--

[[Page S3732]]

       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall issue a 
     regulation to identify the eligibility of, and process for, 
     electric storage resources--
       (i) to receive cost recovery through Commission-regulated 
     rates for the transmission of electric energy in interstate 
     commerce; and
       (ii) that receive cost recovery under clause (i) to receive 
     compensation for other services (such as the sale of energy, 
     capacity, or ancillary services) without regard to whether 
     those services are provided concurrently with the 
     transmission service described in clause (i).
       (B) Prohibition of duplicate recovery.--Any regulation 
     issued under subparagraph (A) shall preclude the receipt of 
     unjust and unreasonable double recovery for electric storage 
     resources providing services described in clauses (i) and 
     (ii) of that subparagraph.
       (3) Electric storage resources technical conference.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall convene a 
     technical conference on the potential for electric storage 
     resources to improve the operation of electric systems.
       (B) Requirements.--The technical conference under 
     subparagraph (A) shall--
       (i) identify opportunities for further consideration of 
     electric storage resources in regional and interregional 
     transmission planning processes within the jurisdiction of 
     the Commission;
       (ii) identify all energy, capacity, and ancillary service 
     products, market designs, or rules that--

       (I) are within the jurisdiction of the Commission; and
       (II) enable and compensate for the use of electric storage 
     resources that improve the operation of electric systems;

       (iii) examine additional products, market designs, or rules 
     that would enable and compensate for the use of electric 
     storage resources for improving the operation of electric 
     systems; and
       (iv) examine the functional value of electric storage 
     resources at the transmission and distribution system 
     interface for purposes of providing electric system 
     reliability.
       (g) Coordination.--To the maximum extent practicable, the 
     Secretary shall coordinate the activities under this section 
     (including activities conducted pursuant to the amendments 
     made by this section) among the offices and employees of the 
     Department, other Federal agencies, and other relevant 
     entities--
       (1) to ensure appropriate collaboration; and
       (2) to avoid unnecessary duplication of those activities.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out each of subsections (b) 
     through (d) such sums as are necessary for fiscal year 2021.
                                 ______
                                 
  SA 2284. Mr. SASSE (for himself, Mr. Scott of South Carolina, Mr. 
Cotton, and Mr. Scott of Florida) 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. __. PILOT PROGRAM ON EDUCATION SAVINGS ACCOUNTS FOR 
                   MILITARY DEPENDENT CHILDREN.

       (a) In General.--From amounts made available under 
     subsection (k), the Secretary shall carry out a pilot program 
     under which the Secretary shall establish education savings 
     accounts for eligible military students to enable such 
     students to attend public or private elementary schools or 
     secondary schools selected by the students' parents.
       (b) Duration.--The pilot program under this section shall 
     begin with the first school year that begins after the date 
     of enactment of this section and shall terminate at the end 
     of the tenth school year that begins after such date of 
     enactment.
       (c) Scope of Program.--The Secretary shall select 5 
     military installations to participate in the pilot program 
     under this section. In making such selection, the Secretary 
     shall choose the military installations at which eligible 
     military students will derive the greatest benefit from 
     expanded educational options, as determined by the Secretary, 
     which may include considerations of--
       (1) limited access to high-quality education options, 
     including Department of Defense Education Activity schools 
     and corresponding retention trends of service members with 
     dependents;
       (2) availability, cost, and proximity of non-public 
     education options, including private schools and homeschool 
     consortia; and
       (3) site capacity to design, implement, and evaluate such a 
     pilot. .
       (d) Deposits.--
       (1) In general.--The Secretary shall deposit funds in the 
     amount specified in paragraph (2) into each education savings 
     account established on behalf of an eligible military student 
     under this section.
       (2) Amount of deposit.--
       (A) In general.--The amount deposited into each education 
     savings account awarded to an eligible military student shall 
     be not more than $10,000 for each school year.
       (B) Adjustment for inflation.--For each school year after 
     the first full school year of the program, the Secretary 
     shall adjust the amount specified in subparagraph (A) to 
     reflect changes for the 12-month period ending the preceding 
     June in the Chained Consumer Price Index for All Urban 
     Consumers published by the Bureau of Labor Statistics of the 
     Department of Labor.
       (e) Rules of Construction.--
       (1) In general.--An amount awarded to a student under this 
     section shall not be considered assistance to the school or 
     other educational provider that enrolls, or provides 
     educational services to, the student or the student's 
     parents.
       (2) Not treated as income.--The amount awarded to a student 
     under this section shall not be treated as income to the 
     student or the parent of the student for purposes of Federal 
     tax laws or for determining eligibility for any other Federal 
     program.
       (3) Prohibition of control over nonpublic education 
     providers.--Nothing in this section shall be construed--
       (A) to permit, allow, encourage, or authorize any Federal 
     control over any aspect of any private, religious, or home 
     education provider, whether or not a home education provider 
     is treated as a private school or home school under State 
     law; or
       (B) to exclude private, religious, or home education 
     providers from participation in programs or services under 
     this section.
       (f) Eligible Uses of Funds.--Funds deposited into an 
     education savings account under this section for a school 
     year may be used by the parent of an eligible military 
     student to make payments to a qualified educational service 
     provider that is approved by the Secretary under subsection 
     (g) for--
       (1) costs of attendance at a private elementary school or 
     secondary school recognized by the State, which may include a 
     private school that has a religious mission;
       (2) online programs;
       (3) tutoring services;
       (4) services contracted for and provided by a public 
     district, charter, or magnet elementary school or secondary 
     school attended by the child on a less than full-time basis, 
     including individual classes and extracurricular activities 
     and programs;
       (5) textbooks, curriculum programs, or other instructional 
     materials, including any supplemental materials required by a 
     curriculum program, private school, private online learning 
     program, or a public school, or any parent directed 
     curriculum associated with kindergarten through grade 12 
     education;
       (6) educational services and therapies, including 
     occupational, behavioral, physical, speech-language, and 
     audiology therapies; or
       (7) education technology needed to access remote learning, 
     including internet access or hotspots and computer hardware, 
     software, or other technological devices, including adaptive 
     devices, not to exceed $1,000;
       (8) concurrent and dual enrollment at a postsecondary 
     institution, including for career and technical education 
     experiences;
       (9) academic, college, and career counseling services;
       (10) testing preparation and examination fees, including 
     Advanced Placement examinations, industry certification 
     exams, State licensure exams, and any examinations related to 
     college or university admission;
       (11) application fees, including for public and non-public 
     school students;
       (12) fees for summer education programs and specialized 
     afterschool education programs; or
       (13) other education-related services and materials that 
     are reasonable and necessary, as approved by the Secretary.
       (g) Requirements For Qualified Educational Service 
     Providers.--The Secretary shall establish and maintain a 
     registry of qualified educational service providers that are 
     approved to receive payments from an education savings 
     account established under this section. The Secretary shall 
     approve a qualified educational service provider to receive 
     such payments if the provider demonstrates to the Secretary 
     that it is licensed in the State in which it operates to 
     provide one or more of the services for which funds may be 
     expended under subsection (f).
       (h) Participation in Online Market Place.--As a condition 
     of receiving funds from an education savings account, a 
     qualified educational service provider shall make its 
     services available for purchase through the online 
     marketplace described in subsection (i).
       (i) Online Marketplace.--The Secretary shall seek to enter 
     into a contract with a private-sector entity under which the 
     entity shall--
       (1) establish and operate an online marketplace that 
     enables the holder of an education savings account to make 
     direct purchases from qualified educational service providers 
     using funds from such account;
       (2) ensure that each qualified educational service provider 
     on the registry maintained by the Secretary under subsection 
     (g) has made its services available for purchase through the 
     online marketplace;
       (3) ensure that all purchases made through the online 
     marketplace are for services that are allowable uses of funds 
     under this section; and

[[Page S3733]]

       (4) develop and make available a standardized expense 
     report form, in electronic and hard copy formats, to be used 
     by parents for reporting expenses.
       (j) Reports.--
       (1) Annual reports.--Not later than July 30 of the first 
     year of the pilot program, and each subsequent year through 
     the year in which the final report is submitted under 
     paragraph (2), the Secretary shall prepare and submit to 
     Congress an interim report on the accounts awarded under the 
     pilot program under this section that includes the content 
     described in paragraph (3) for the applicable school year of 
     the report.
       (2) Final report.--Not later than 90 days after the end of 
     the pilot program under this section, the Secretary shall 
     prepare and submit to Congress a report on the accounts 
     awarded under the pilot program that includes the content 
     described in paragraph (3) for each school year of the 
     program.
       (3) Content.--Each report under paragraphs (1) and (2) 
     shall identify--
       (A) the number of applicants for education savings accounts 
     under this section;
       (B) the number of elementary school students receiving 
     education savings accounts under this section and the number 
     of secondary school students receiving such savings accounts;
       (C) the results of a survey, conducted by the Secretary, 
     regarding parental satisfaction with the education savings 
     account program under this section; and
       (D) any other information the Secretary determines to be 
     necessary to evaluate the effectiveness of the program.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $20,000,000 for each of fiscal years 2020 through 2030 
     to establish education savings accounts; and
       (2) $1,000,000 for each of fiscal years 2020 through 2030 
     for administrative costs associated with operating the pilot 
     program established under this section.
       (l) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``child'', ``elementary 
     school'', and ``secondary school'' have the meanings given 
     the terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Eligible military student.--The term ``eligible 
     military student'' means a child--
       (A) who is a military dependent student;
       (B) whose parent works on the military installation 
     selected to participate in the program under this section; 
     and
       (C) who chooses to attend a participating school or 
     purchase other approved education services, rather than 
     attending the school otherwise assigned to the child.
       (3) Military dependent students.--The term ``military 
     dependent students'' has the meaning given the term in 
     section 572(e) of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b(e)).
       (4) Qualified educational service provider.--The term 
     ``qualified educational service provider'' means an entity or 
     person that is--
       (A) licensed in the State in which it operates to provide 
     one or more of the educational services for which funds may 
     be expended under subsection (f); or
       (B) otherwise approved by the Secretary.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
                                 ______
                                 
  SA 2285. 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 end of subtitle G of title XII, add the following:

     SEC. 1287. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS 
                   CONCERNING DIPLOMATIC IMMUNITY.

       (a) Findings.--Congress makes the following findings:
       (1) According to the January 2019 Worldwide Threat 
     Assessment of the United States Intelligence Community, 
     ``Russia and China will continue to be the leading state 
     intelligence threats to U.S. interests, based on their 
     services' capabilities, intent, and broad operational 
     scopes.''.
       (2) It is necessary to reaffirm for the executive branch 
     the sense of Congress set forth in section 601 of the 
     Intelligence Authorization Act for Fiscal Year 1985 (22 
     U.S.C. 254c-1): ``It is the sense of the Congress that the 
     numbers, status, privileges and immunities, travel, 
     accommodations, and facilities within the United States of 
     official representatives to the United States of any foreign 
     government that engages in intelligence activities within the 
     United States harmful to the national security of the United 
     States should not exceed the respective numbers, status, 
     privileges and immunities, travel accommodations, and 
     facilities within such country of official representatives of 
     the United States to such country.''.
       (b) Additional Reporting Requirements.--Section 204B of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     4304b) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (F), by striking ``subsection (c)'' and 
     inserting ``subsection (d)''; and
       (B) by adding at the end the following new subparagraphs:
       ``(G) The number and names of foreign diplomats with 
     expired diplomatic visas who continue to receive diplomatic 
     accreditation.
       ``(H) The foreign country represented by each diplomat 
     identified under subparagraph (G).'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Certification.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     together with each annual report under subsection (a), the 
     Secretary of State, in coordination with the Director of 
     National Intelligence, shall submit to Congress a 
     certification that the individuals identified under paragraph 
     (2)(G) of that subsection are not engaging in intelligence 
     activities in the United States harmful to the national 
     security of the United States.
       ``(2) Inability to certify.--If the Secretary of State 
     assesses that he or she is unable under paragraph (1) to 
     certify that individuals identified under paragraph (2)(G) 
     are not engaging in intelligence activities in the United 
     States harmful to the national security of the United States, 
     the Secretary shall submit to Congress a report detailing 
     such assessment.
       ``(3) Continued diplomatic accreditation in national 
     security interest.--If the Secretary of State assesses that 
     continued diplomatic accreditation of an individual 
     identified under paragraph (2)(G) is in the national security 
     interests of the United States and the Secretary is therefore 
     unwilling to submit a certification under paragraph (1), the 
     Secretary shall submit to Congress a report detailing such 
     assessment.''.
                                 ______
                                 
  SA 2286. 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. ___. PILOT PROGRAM ON AN INTERNATIONAL PARTNERSHIP FOR A 
                   STRONG INNOVATION BASE.

       (a) Pilot Program Authorized.--The Secretary of Defense 
     shall establish a pilot program for a preferential 
     designation program for select allie and partner countries of 
     the United States, in order to add innovation, capability, 
     and capacity to the United States industrial base and to 
     enhance the access of the United States to emerging and 
     critical technology from those allie and partner countries.
       (b) Objectives of Pilot Program.--The Secretary shall 
     design the pilot program required by subsection (a) to 
     determine the following:
       (1) The effectiveness of recognizing certain allied and 
     partner countries for opportunities to obtain accelerated or 
     other priority treatment for purposes of--
       (A) foreign military sales and foreign military financing;
       (B) export, import, or other transfer of defense articles, 
     defense services, and related technology; and
       (C) review of investments subject to the National 
     Industrial Security Program, consistent with the provisions 
     of the Foreign Investment Risk Review Modernization Act of 
     2018 and its implementing regulations.
       (2) The impact that designating such allies and partners 
     has on research, development, and access to emerging and 
     critical technologies (including fifth generation and sixth 
     generation communications technology, microelectronics, 
     semiconductors, and artificial intelligence) that are 
     beneficial to the United States national security innovation 
     base and defense industrial base.
       (3) The opportunities to promote cross-border technological 
     development, including joint programs to foster innovation in 
     technologies with potential application in both the national 
     security and commercial sectors.
       (4) The policy effects of designating particular countries 
     as trusted partners in the United States national security 
     innovation base.
       (c) Number of Participants.--The Secretary shall select no 
     fewer than three countries to participate in the pilot 
     program established under subsection (a).
       (d) Elements of Selection.--The Secretary shall prioritize 
     the following elements in selecting nations to be designated 
     as participating countries for the pilot program established 
     under subsection:
       (1) The record of commitment to investment in national 
     defense as defined by the level of spending on national 
     defense and defense-related infrastructure.
       (2) The level of investment and cooperation with the United 
     States, particularly within the United States defense 
     industrial base.
       (3) The value to military interoperability, as measured by 
     investment and participation in major defense acquisition 
     programs of the United States Armed Forces.
       (4) The robustness of the local innovation base, including 
     its record of investment in emerging and critical 
     technologies.

[[Page S3734]]

       (5) The degree of defense and security cooperation with the 
     United States.
       (6) The existence and extent of security agreements and 
     reciprocal defense agreements, including a country's 
     practices and procedures that correspond with United States 
     national security laws and regulations regarding supply chain 
     security, export control, and foreign investment.
       (e) Delegation Authorized.--The Secretary may delegate any 
     of the authorities and responsibilities in this section to 
     the Under Secretary of Defense for Acquisition and 
     Sustainment.
       (f) Commencement and Duration.--The pilot program 
     established under subsection (a) shall be established not 
     later than April 1, 2021, and all activities under such pilot 
     program shall continue through December 31, 2024.
       (g) Interim Report Required.--Not later than October 1, 
     2021, the Secretary submit to the congressional defense 
     committees a report on the status of the pilot program. The 
     report shall include the following elements:
       (1) A list of the countries designated under the pilot 
     program.
       (2) A description of the full selection methodology used 
     for the countries designated under the pilot program.
       (3) An assessment of interest from major allied nations in 
     participating in the pilot program.
       (4) Initial observations of the pilot program, including 
     successful or promising innovation partnerships or technology 
     development initiatives.
       (5) Any other matters the Secretary considers appropriate.
       (h) Final Report Required.--Not later October 1, 2023, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a final report on the findings of the 
     pilot program established under this section. The report 
     shall include the following elements:
       (1) A comprehensive description of the benefits gained by 
     the United States innovation base by designating countries 
     for inclusion in the partnership.
       (2) An assessment of the foreign policy factors to be 
     considered in expanding or making permanent a country 
     designation program consistent with the elements of this 
     section.
       (3) Recommendations for legislative or administrative 
     action the Secretary determines appropriate, including 
     whether--
       (A) to expand the scope of the pilot program;
       (B) to expand the number of countries eligible under the 
     pilot program; or
       (C) to make the pilot program permanent.
                                 ______
                                 
  SA 2287. 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 end of subtitle B of title XVI, add the following:

     SEC. ___. STUDY ON CYBEREXPLOITATION OF MEMBERS OF THE ARMED 
                   FORCES AND THEIR FAMILIES.

       (a) Study Required.--Not later than 150 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     complete a study on the cyberexploitation of the personal 
     information and accounts of members of the Armed Forces and 
     their families.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An intelligence assessment of the threat currently 
     posed by foreign government and non-state actor 
     cyberexploitation of members of the Armed Forces and their 
     families, including generalized assessments as to whether 
     cyberexploitation of members of the Armed Forces and their 
     families is a substantial threat as compared to other means 
     of information warfare and as to whether cyberexploitation of 
     members of the Armed Forces and their families is an 
     increasing threat.
       (2) Case-study analysis of three known occurrences of 
     attempted cyberexploitation against members of the Armed 
     Forces and their families, including assessments of the 
     vulnerability and the ultimate consequences of the attempted 
     cyberexploitation.
       (3) A description of the actions taken by the Department of 
     Defen